OAR 330-090-0135
Business Energy Tax Credit Sustainable Building Practices Facility Rules
(1)
To be eligible for a tax credit, Sustainable Building Practices Facilities must achieve a minimum rating of “Silver” using the LEED-NC, LEED-CS, or LEED-CI path of the U.S. Green Building Council’s rating systems, listed in the rules, in effect as of the facility registration date. Facilities receiving a “Gold” or “Platinum” rating will be awarded proportionally larger tax credits, as calculated by the Department. Sustainable Building Practices Facilities must also comply with all applicable rules.(2)
All Sustainable Building Practices Facilities must acquire a preliminary certification from the Department in accordance with OAR 330-090-0130 (How the Oregon Department of Energy Processes a BETC Application)(3). For these facilities, the facility owner must submit a certified copy of the Facility Registration Certificate issued by the U.S. Green Building Council, before the completion of Design Development. If an owner elects not to continue the LEEDTM rating program to completion and the issuance of a rating certificate, the owner must, within 30 days, so notify the Department in writing, and provide a statement of intent to apply for a tax credit as an energy facility, if desired. Within 60 days of the statement of such intent, the owner must submit a preliminary certification application in accordance with OAR 330-090-0130 (How the Oregon Department of Energy Processes a BETC Application)(3).(3)
The Department may, at its discretion, convert a preliminary certification for an Energy Facility to a preliminary certification as a Sustainable Building Practices Facility, or accept a statement of intent to register as a Sustainable Building Practices Facility, provided that a certified copy of the U.S. Green Building Council facility registration certificate is provided to the Department within 30 days of the new preliminary certification date.
Source:
Rule 330-090-0135 — Business Energy Tax Credit Sustainable Building Practices Facility Rules, https://secure.sos.state.or.us/oard/view.action?ruleNumber=330-090-0135.