2017 ORS 469B.291¹
Final certification
  • eligibility
  • contents of application
  • performance agreement
  • rules

(1) The Director of the State Department of Energy may issue a final certification for an energy conservation project under this section only if:

(a) The project was installed or constructed under a preliminary certificate of approval issued under ORS 469B.288 (Submissions for preliminary certification), unless preliminary certification is waived under ORS 469B.285 (Application for preliminary certification) (5);

(b) The applicant demonstrates the ability to provide the information required by ORS 469B.285 (Application for preliminary certification) (2) and does not violate any condition that may be imposed as described in subsections (4) and (5) of this section; and

(c) The project was installed or constructed in accordance with the applicable provisions of ORS 469B.270 (Definitions for ORS 315.331 and 469B.270 to 469B.306) to 469B.306 (Policies and procedures) 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 project:

(a) If the person received preliminary certification for the project under ORS 469B.288 (Submissions for preliminary certification); and

(b) After completion of the installation or construction of the project.

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

(c) The amount of the credit under ORS 315.331 (Energy conservation projects) that is to be claimed;

(d) The number and type of jobs, directly connected to the allowance of the credit, that will be created by the operation and maintenance of the project over the five-year period beginning with the year of preliminary certification under ORS 469B.288 (Submissions for preliminary certification);

(e) Information sufficient to demonstrate that the project will remain in operation for at least five years, unless the director by rule specifies another period of operation;

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

(g) Information, if applicable, pertaining to prior recommendation of the project by a qualified third party selected 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 project by the department.

(4) As part of the final certification process, the director may require the applicant to enter into a performance agreement with the department. The performance agreement may include a recertification requirement under ORS 469B.298 (Recertification of eligibility) and any additional requirements that the director determines are appropriate to promote the purposes of ORS 315.331 (Energy conservation projects) and 469B.270 (Definitions for ORS 315.331 and 469B.270 to 469B.306) to 469B.306 (Policies and procedures).

(5) After the filing of the application under this section, the director may issue the certificate together with any conditions, including conditions imposed by a performance agreement, that the director determines are appropriate to promote the purposes of ORS 315.331 (Energy conservation projects) and 469B.270 (Definitions for ORS 315.331 and 469B.270 to 469B.306) to 469B.306 (Policies and procedures). 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 project. 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 project.

(6) Except as otherwise provided in ORS 469B.298 (Recertification of eligibility), if the director rejects an application for final certification, or certifies a lesser amount of credit 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.

(7) Upon approval of an application for final certification of a project, the director shall certify the project. The final certification shall indicate the amount of projected energy savings attributable to the project and the total project cost.

(8) The director may establish by rule timelines and intermediate deadlines for submission of application materials. [2011 c.730 §45; 2012 c.45 §22; 2015 c.545 §5]

Note: See note under 469B.276 (Transferability of project tax credit).

(formerly 469.190 to 469.225)

Law Review Cita­tions

16 WLR 392 (1979)

(formerly 469.160 to 469.180)

Atty. Gen. Opinions

Installa­tion date of alternative energy devices, Depart­ment of Energy rule pro­vi­sions and tax credit limita­tions, (1977) Vol 38, p 1198; credit from utility to customer feeding excess electrical power from residential alternative energy device back into utility’s distribu­tion system, (1977) Vol 38, p 1475

1 Legislative Counsel Committee, CHAPTER 469B—Energy Tax Credits; Grants, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors469B.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 469B, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano469B.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.