Recertification of eligibility
(1) An owner of an energy conservation project with a total project cost certified under ORS 469B.291 (Final certification) of $1 million or more that is subject to a recertification requirement in a performance agreement shall apply under this section for recertification of eligibility for the tax credit allowed under ORS 315.331 (Energy conservation projects).
(2) The applicant shall file an application for recertification with the State Department of Energy at least 60 days prior to the anniversary date of the issuance of the final certificate. The Director of the State Department of Energy may require recertification for the three years following the date of the issuance of the final certificate.
(3) The recertification application shall contain the following information:
(a) A description of the business operations conducted at the facility and any changes in the business operations since the project was completed;
(b) Energy consumption for the project or facility as shown in the preceding 12 months of utility billing records;
(c) A statement signed by the applicant attesting that the project is in compliance with all applicable laws related to the ownership and operation of the project;
(d) A statement signed by the project owner attesting that the project owner is current on all obligations to the state, including but not limited to taxes and permitting fees;
(e) An inspection of the project by the department, if required by the department; and
(f) Any other information required by the department.
(4) A recertification application filed under this section must be accompanied by the fee established under ORS 469B.294 (Fees for certification or recertification).
(5) The department shall review the recertification application and approve the application if it meets the requirements of subsections (3) and (4) of this section and the project is in compliance with all applicable statutes and administrative rules and with the performance agreement.
(6) The department may consult with the city or county in which the facility is located or with any state agency in determining whether to approve a recertification application under this section.
(7) If the director approves a recertification application, the director shall issue a recertification of eligibility for a tax credit under ORS 315.331 (Energy conservation projects) for up to 10 percent of the total project cost certified under ORS 469B.291 (Final certification). The director may deny the recertification or issue a recertification in an amount of credit less than 10 percent of the total project cost certified under ORS 469B.291 (Final certification) if the director determines that the project is not in compliance with all applicable statutes and administrative rules and with the performance agreement.
(8) If the director does not approve a recertification application or reduces the amount of tax credit, the project owner may not claim, use or transfer that portion of the tax credit for which the recertification was denied.
(9) A person aggrieved by a decision of the director to deny or reduce the amount of a recertification for a tax credit may request and be granted a contested case hearing under ORS chapter 183. [2015 c.545 §2]
Note: See note under 469B.276 (Transferability of project tax credit).
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