Oregon Administrative Rules
Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT
Division 93 - SOLAR DEVELOPMENT INCENTIVE PROGRAM
Section 123-093-0700 - Payment and Requirements
Universal Citation: OR Admin Rules 123-093-0700
Current through Register Vol. 63, No. 12, December 1, 2024
(1) Payment
(a) Incentive structure. The SDI
program offers a flat cents-per-kWh payment for all output from an Enrolled
Project for up to five years. Subject to the terms and conditions of the
program enrollment contract, the Department will make monthly payments to an
Enrolled Project of $0.005/kWh of electricity generated by the Enrolled Project
during the preceding month. Payments shall continue for up to five years after
the date on which the Department makes the initial payment to the Program
Enrollee for energy generated by the Enrolled Project.
(b) Program enrollment. Enrollees will be
required to sign a program enrollment contract detailing the conditions of
enrolling their project in the SDI program and accepting SDI payments. Once all
contracts and related materials have been received, Enrolled projects will be
given an Enrollment Date, which will serve as the earliest date from which
production data can be submitted for the incentive payment to the SDI
Payee.
(c) Enrollment date.
Enrollment date is determined to be January 2, 2017 (the SDI application
closing date).
(d) Production
demonstration. Enrolled projects will be required to demonstrate (via e.g.
meter data or monthly utility purchase statements) the amount of electricity
that is produced by the system on a monthly basis by submitting production data
to the Department by the 15th day after the end of the previous month or as
otherwise arranged and agreed upon with the Department. Enrollees who provide
production demonstration data after the agreed upon date may experience a delay
in payment.
(e) Payment. The
Department will disburse to SDI Payees SDI payments of $0.005/kWh of
demonstrated production of solar energy generated during the preceding
month(s). Payments will only be made in accordance with and subject to the
terms and conditions of the program enrollment contract.
(f) Automated Clearing House (ACH) payment.
The Department will issue direct deposit payment via ACH only. Program
Enrollees will be required to complete necessary forms and approvals to
facilitate ACH payments.
(g)
Incentive reductions. Enrolled projects that are unable to begin generating
electricity within one year of their Enrollment Date will have a reduction in
the total number of months that they are eligible to receive payments.
Beginning one year after an Enrolled Project's Enrollment Date, for each month
that the Enrolled project does not generate electricity, the Department shall
reduce, by one month, the number of monthly payments otherwise required to be
paid to the SDI project Enrollee. For example, an Enrollee can receive 60
months of incentive payments for its Enrolled Project if the project is
generating electricity by January 2, 2018 (i.e. within 12 months of the latest
possible project Enrollment Date). If instead, the project does not begin to
generate electricity until 18 months after the Enrollment Date, the project
will only receive 54 months of incentive payments (60 months - 6 months when
the project was not generating electricity past the 12-month timeframe = 54
months of incentive payments).
(h)
Project removal. Projects that fail to perform, have a change in scope such
that they become disqualified, or become ineligible, may be removed from the
SDI program. Owners of Enrolled Projects that are removed from the SDI program
will be assigned an ineligibility date by the Department, after which they will
not receive any payments otherwise required to be paid to the Enrolled Project
Owner for said removed Enrolled Project. Projects removed from the SDI program
may have their program capacity released and reassigned to eligible projects
according to their assignment in the SDI queue. Projects can be removed from
the SDI program because of, but not limited to, the following scenarios:
(A) If by two years after the Enrolled
Project's Enrollment Date the Enrolled Project is not interconnected,
Commercially Operational, and generating electricity, the Department will
remove the Solar PV Energy System from the SDI program.
(B) An Enrolled Project may become
unqualified if, after enrollment, the scope of the project changes such that
the project no longer meets the project qualifications. The Department will
remove unqualified solar PV projects from the SDI program.
(C) Enrolled projects that fail to comply
with the obligations in the enrollment contract may be removed from the SDI
program.
(D) Enrolled projects that
fail to meet reporting obligations may be removed from the SDI
program.
(E) Enrolled projects that
make, or are discovered to have made, material misrepresentations regarding
their Enrolled Project(s) will be removed from the SDI program.
(F) An Enrolled Project may become ineligible
(even if it remains qualified) if, after enrollment, there is a change in a
relationship between the owner or operator of the project and other businesses
owning or operating Enrolled Projects. If, as a result of such change, Enrolled
Projects' eligibility is jeopardized, the Department may remove projects from
the SDI Program. Before removing a project from the SDI Program, the Department
will consult with the owners and operators of all Enrolled Projects whose
eligibility has been jeopardized by the change in relationships among owners
and operators of Enrolled Projects.
(2) Capacity Factor. SDI program budget was projected based on an average project Capacity Factor of 25 percent. If Enrolled Projects consistently achieve actual Capacity Factors higher than what was used for projecting the budget, the Department will cap total incentive payments so that they do not exceed the program budget, and will distribute incentives based on actual monthly production to Enrolled Projects that produce electricity on a first come first serve basis, until the cap has been reached.
Stat. Auth.: Ch. 63, OL 2016 (HB 4037)
Stats. Implemented: Ch. 63, OL 2016 (HB 4037)
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