OAR 123-093-0900
Ownership, Exclusions, and Transferability
(1)
Enrollee ownership and control. SDI program participation is limited to 35 MW of projects per Enrollee Project Owner or Operator and any of the Program Enrollee’s Affiliated Entities. The intent of this cap is to prevent a single or small number of solar developer owners or operators from reaping all or most of the benefits of the incentive program. Accordingly, a Qualified and Ready Project might not be an Eligible Project if inclusion in the SDI program would result in a breach of this cap.(a)
Ownership, control, and affiliation disclosure. Applicants are required to disclose all Affiliated Entities associated with the Enrolled Project(b)
Contractual agreement disclosure. Applicants are required to disclose contracts between the Applicant and other individuals or entities that own or operate Solar Photovoltaic Energy Systems in Oregon, and may be required to submit additional information on the nature of the contract.(c)
Failure to disclose. Failure to disclose ownership and control information, especially as it may pertain to Program Enrollees exceeding the 35 MW cap in SDI participation, may result in immediate termination of program incentive payments, the removal of all associated Enrolled projects from the SDI program, and if the Department determines that an Enrollee has been overpaid, the Department will seek to recapture overpayment and reserves the right to offset future payments as well as other remedies allowable by law to recapture overpayment.(2)
Project sale. The SDI payments may not be transferred without prior approval by the Department. For projects not yet generating electricity at the time of the proposed sale, the individual or entity to whom the project is being sold shall submit an updated application as described in this division of administrative rule. Enrolled projects that are generating electricity at the time of the proposed sale will work with the Department, who will determine if the project is still eligible to receive SDI. Failure to comply with this provision may result in immediate termination of program incentive payments and the removal of all associated Enrolled projects from the SDI program.(3)
Exclusion from Public Purpose Funding. Owners of Enrolled Projects are not eligible to receive Public Purpose funds (ORS 757.612 (Requirements for public purpose expenditures)(3)(b)(B)) unless the funds are received pursuant to an agreement entered into before March 16, 2016.(4)
Renewable Energy Certificate ownership. Owners of Enrolled Projects also own all renewable energy certificates under ORS 469A.130 (Renewable energy certificates system) that are associated with the generation of the Enrolled Project.
Source:
Rule 123-093-0900 — Ownership, Exclusions, and Transferability, https://secure.sos.state.or.us/oard/view.action?ruleNumber=123-093-0900.