ORS 469B.161
Final certification

  • eligibility
  • contents of application

(1)

A final certification may not be issued by the Director of the State Department of Energy under this section unless:

(a)

The facility was acquired, erected, constructed or installed under a preliminary certificate of approval issued under ORS 469B.157 (Submissions for preliminary certification);

(b)

The applicant demonstrates the ability to provide the information required by ORS 469B.145 (Application for preliminary certification) (2) and does not violate any condition that may be imposed as described in ORS 469B.157 (Submissions for preliminary certification) (3); and

(c)

The facility was acquired, erected, constructed or installed in accordance with the applicable provisions of ORS 469B.130 (Definitions for ORS 469B.130 to 469B.169 and 469B.171) to 469B.169 (Suspension or revocation of certificate) and any applicable rules or standards adopted by the director.

(2)

Any person may apply to the State Department of Energy for final certification of a facility:

(a)

If the department issued preliminary certification for the facility under ORS 469B.157 (Submissions for preliminary certification); and

(b)

Intentionally left blank —Ed.

(A)

After completion of erection, construction, installation or acquisition of the proposed facility or, if the facility is a qualified transit pass contract, after entering into the contract with a transportation provider; or

(B)

After transfer of the facility, as provided in ORS 315.354 (Energy conservation facilities) (5).

(3)

An application for final certification shall be made in writing on a form prepared by the department and shall contain:

(a)

A statement that the conditions of the preliminary certification have been complied with;

(b)

The actual cost of the facility certified to by a certified public accountant who is not an employee of the applicant or, if the actual cost of the facility is less than $50,000, copies of receipts for purchase and installation of the facility;

(c)

The amount of the credit under ORS 315.354 (Energy conservation facilities) that is to be claimed;

(d)

The number and type of jobs created by the operation and maintenance of the facility over the five-year period beginning with the year of preliminary certification under ORS 469B.157 (Submissions for preliminary certification) and information on the benefits of the facility with regard to overall economic activity in this state;

(e)

Information sufficient to demonstrate that the facility will remain in operation for at least five years, unless the director by rule specifies a shorter period of operation;

(f)

Information sufficient to demonstrate, in the case of a research, development or demonstration facility that is not in operation, that the applicant has made reasonable efforts to make the facility operable and meet the requirements of the preliminary certificate;

(g)

Documentation of compliance with applicable state and local laws and regulations and licensing and permitting requirements as defined by the director; and

(h)

Any other information determined by the director to be necessary prior to issuance of a final certificate, including inspection of the facility by the department.

(4)

The director shall act on an application for certification before the 60th day after the filing of the application under this section. The director may issue the certificate, or certificates for efficient truck technology within a transportation facility, together with such conditions as the director determines are appropriate to promote the purposes of ORS 315.354 (Energy conservation facilities), 469B.130 (Definitions for ORS 469B.130 to 469B.169 and 469B.171) to 469B.169 (Suspension or revocation of certificate) and 469B.171 (Assistance with facility purchase for investor-owned utility customers). If the applicant is an entity subject to regulation by the Public Utility Commission, the director may consult with the commission prior to issuance of the certificate. The action of the director shall include certification of the actual cost of the facility. However, the director may not certify an amount for tax credit purposes that is more than the amount approved in the preliminary certificate issued for the facility.

(5)

If the director rejects an application for final certification, or certifies a lesser actual cost of the facility than was claimed in the application, the director shall send to the applicant written notice of the action, together with a statement of the findings and reasons therefor, by certified mail, before the 60th day after the filing of the application. Failure of the director to act constitutes rejection of the application.

(6)

Upon approval of an application for final certification of a facility, the director shall certify the facility. Each certificate shall bear a separate serial number for each device. Where one or more devices constitute an operational unit, the director may certify the operational unit under one certificate.

(7)

The director may establish by rule timelines and intermediate deadlines for submission of application materials. [Formerly 469.215]

Source: Section 469B.161 — Final certification; eligibility; contents of application, https://www.­oregonlegislature.­gov/bills_laws/ors/ors469B.­html.

Notes of Decisions

Where petitioner built renewable energy facility and actual, eligible construction cost was more than estimated cost submitted to State Department of Energy, this section requires department to certify actual, eligible cost of facility up to 110 percent of estimated cost and does not grant department discretion to certify any amount of actual, eligible costs between 100 and 110 percent of estimated costs. SIF Energy, LLC v. Department of Energy, 275 Or App 809, 365 P3d 664 (2015)

469B.100
Definitions for ORS 469B.100 to 469B.118
469B.103
Criteria
469B.106
Claim for tax credits
469B.112
Ineligible devices
469B.115
Performance assumptions and prescriptive measures for tax credits
469B.118
Forfeiture of tax credits
469B.130
Definitions for ORS 469B.130 to 469B.169 and 469B.171
469B.133
Policy
469B.136
Priority given to certain projects
469B.139
Criteria for high-performance homes, renewable energy systems, combined heat and power facilities and facilities using or producing renewable energy resources
469B.142
Annual limit to cost of facility eligible for tax credits
469B.145
Application for preliminary certification
469B.148
Transferability of facility tax credit
469B.151
Tax credit for rental housing units
469B.154
Transferability of rental housing unit tax credit
469B.157
Submissions for preliminary certification
469B.161
Final certification
469B.164
Fees for certification
469B.167
Certificate required for tax credits
469B.169
Suspension or revocation of certificate
469B.171
Assistance with facility purchase for investor-owned utility customers
469B.250
Definitions for ORS 469B.250 to 469B.265
469B.253
Application for grant
469B.256
Grant award
469B.259
Grant application fees
469B.262
Limitations on amount of potential tax credits for certified renewable energy development contributions
469B.265
Policies and procedures
469B.270
Definitions for ORS 315.331 and 469B.270 to 469B.306
469B.273
Preference given to certain projects
469B.276
Transferability of project tax credit
469B.279
Standards for energy conservation projects
469B.282
Limitation on amount receiving preliminary certification
469B.285
Application for preliminary certification
469B.288
Submissions for preliminary certification
469B.291
Final certification
469B.294
Fees for certification or recertification
469B.297
Certificate required for tax credits
469B.298
Recertification of eligibility
469B.300
Suspension or revocation of certificate or portion of certificate
469B.303
Limitations on amount of potential tax credits for energy conservation projects
469B.306
Policies and procedures
469B.320
Definitions for ORS 315.336 and 469B.320 to 469B.347
469B.323
Transferability of project tax credit
469B.326
Application for preliminary certification
469B.329
Submissions for preliminary certification
469B.332
Final certification
469B.335
Fees for certification
469B.338
Certificate required for tax credits
469B.341
Suspension or revocation of certificate or portion of certificate
469B.344
Limitation on amount of potential tax credits for transportation projects
469B.347
Policies and procedures
469B.400
Fuel blends and solid biofuels
469B.403
Biomass
469B.991
Civil penalty when contractor certificate revoked
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