(1)To qualify for a credit, a person must meet all of the following:
(a)Be subject to Oregon personal income tax.
(b)Purchase an AED, complete construction, install an AED in or at an Oregon dwelling, and obtain a certification in accordance with OAR 330-070-0010 (Purpose) through 330-070-0097 (Electricity Producing AEDs).
(c)Be the owner or contract buyer of an Oregon dwelling served by the AED, or be a tenant of the dwelling owner:
(A)Use the dwelling as a primary or secondary residence; or
(B)Rent or lease the dwelling to a tenant who uses the dwelling or dwellings as a primary or secondary residence.
(2)Notwithstanding (1)(b), a residential property owner may qualify for a credit for an AED that is a third-party alternative energy device installation by meeting the following additional requirements:
(a)Installations must include a minimum 10-year agreement between the residential property owner and the third-party owner of the AED. The agreement must cover maintenance of the AED and either the use of the AED or the power generated by the AED for the entire length of the agreement.
(b)The third-party must comply with OAR 330-070-0029 (Third-Party Alternative Energy Device Installations).
(c)The applicant must provide system cost information for third-party AED installations. System cost can be demonstrated by providing either a copy of an invoice for the purchase of the AED by the third-party owner, or a declaration from the third-party owner of representative market value for an AED that includes the costs of supply and installation. Such a declaration must include a list of primary system components and their pricing, itemizing material pricing separately from installation pricing.
Rule 330-070-0020 — Eligibility,