2017 ORS 285C.553¹
Final certification
  • eligibility
  • application
  • content
  • performance agreement
  • rules

(1) A final certification may not be issued by the Director of the Oregon Business Development Department under this section unless:

(a) The renewable energy resource equipment manufacturing facility was erected, constructed, installed or acquired under a preliminary certificate of approval issued under ORS 285C.551 (Submission of plans, specifications and contract terms) or 469B.157 (Submissions for preliminary certification);

(b) The applicant demonstrates the ability to provide the information required by ORS 285C.547 (Application for preliminary certification) (2) and does not violate any condition that may be imposed as described in ORS 285C.551 (Submission of plans, specifications and contract terms) (3); and

(c) The facility was erected, constructed, installed or acquired in accordance with the applicable provisions of ORS 285C.540 (Definitions for ORS 285C.540 to 285C.559) to 285C.559 (Revocation of certificate) and any applicable rules or standards adopted by the director.

(2) Any person may apply to the Oregon Business Development Department for final certification of a facility:

(a) If the person received preliminary certification for the facility under ORS 285C.551 (Submission of plans, specifications and contract terms) or under ORS 469B.157 (Submissions for preliminary certification); and

(b)(A) After completion of erection, construction, installation or acquisition of the proposed facility; or

(B) After transfer of the facility, as provided in ORS 315.341 (Renewable energy resource equipment manufacturing facilities) (4).

(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 315.341 (Renewable energy resource equipment manufacturing 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 285C.551 (Submission of plans, specifications and contract terms) 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 to 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 together with such conditions as the director determines are appropriate to promote the purposes of ORS 285C.540 (Definitions for ORS 285C.540 to 285C.559) to 285C.559 (Revocation of certificate) and 315.341 (Renewable energy resource equipment manufacturing facilities). 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 for the action, 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 shall enter into a performance agreement with the applicant at the time of certification under this section. The performance agreement shall include conditions with which the applicant must comply in order to maintain certification, including a deadline by which the applicant must comply with the employment and compensation standards of ORS 285C.543 (Rules) (3) and (4).

(8) The director may establish by rule timelines and intermediate deadlines for submission of application materials. [2011 c.474 §11]

1 Legislative Counsel Committee, CHAPTER 285C—Economic Development Iii, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors285C.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.