Oregon Administrative Rules
Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT
Division 93 - SOLAR DEVELOPMENT INCENTIVE PROGRAM
Section 123-093-0800 - Reporting Requirements
Universal Citation: OR Admin Rules 123-093-0800
Current through Register Vol. 63, No. 12, December 1, 2024
(1) Applicants of eligible projects selected to participate will be sent an email with an offer to enroll in the SDI program. If the Applicant wishes to enroll a selected project they will be required sign a program enrollment contract which includes the following reporting requirements:
(a) Enrollment Confirmation Project
Description - Due as part of enrollment contracting and including, but not
limited to, the following project components as applicable:
(A) Project ownership and Affiliated Entities
details. This includes the disclosure of all individuals and entities that
hold, directly or indirectly, ownership interests and/or control of the
Enrolled Project. This also includes purchase options, partnership flips, and
expected or scheduled changes in ownership interests or percentages. Project
owners must also disclose entities in which they hold, directly or indirectly,
ownership interests or control.
(B)
Project specifications, such as:
(i) Site
specifications
(ii) Production
estimates
(iii) Off-taking
entity(ies), Renewable Energy Certification status, and anticipated wheeling
charges where applicable.
(C) Incentive program participation:
(i) A list of all other affiliated projects
that have applied for SDI funds
(ii) A list of all other public incentive
programs and associated amounts that the Enrolled Project is receiving or
intends to apply to (e.g. federal tax credits, state loan programs,
etc.)
(D) Project
benefits, such as number of full-time-equivalent positions created, including
both the construction jobs and operations and maintenance jobs and their
associated average wages.
(b) Project status report(s). Projects that
are not yet operational will be required to submit quarterly project status
reports until the project is operational. Project status reports must be
submitted to the Department on the 15th day of the month following the close of
each calendar quarter until the Enrolled project is completed and online.
Failure to submit reports may delay the process of future payments or result in
removal from the SDI program. Quarterly project status reports include, but are
not limited to, the following project details:
(A) Brief narrative summarizing project
progress, including key milestones, and progress towards those
milestones.
(B) Status of required
permits and approvals
(C) Equipment
procurement status
(D) Current
ownership and any anticipated changes to ownership
(E) Installation status
(F) Inspection status
(c) Commissioning report. After an Enrolled
Project is Commercially Operational, and prior to receiving incentive payments,
Program Enrollees must submit a Commissioning Report. The Department will
review the Commissioning report to ensure that reporting requirements are
satisfied. Enrolled Projects that have satisfied the Commission reporting
requirements will be given approval to begin submitting production reports.
Enrolled Projects that are operational at the time of enrollment must complete
a Commissioning Report prior to receiving incentive payments, which can be
submitted at the same time as the Enrollment Confirmation Project Description
report submission. Commissioning reports include, but are not limited to, the
following project details:
(A) Project
details such as online date, final installed size, and production data access
mechanism, brief project narrative, including project description, biggest
challenges and lessons learned;
(B)
Project permit and agreements documentation, including such things as code and
safety inspections from the Jurisdiction Having Authority (JHA), utility final
inspection report, and fully executed Interconnection Agreement (IA) and
indication of approval to connect project to the grid;
(C) Project financial summary, including such
things as Commitment to Lend documentation, final installed cost, and
confirmation of all funding sources and amounts;
(D) Current ownership structure and any
anticipated changes to ownership; and
(E) Final list of associated projects and
Affiliated Entities that have applied for SDI funding.
(d) Production reports. Projects that have
submitted a satisfactory Commissioning report, and have been approved to submit
Production reports must submit a monthly production report by the 15th day
after the close of the previous month. Delays in reporting may result in a
delay in payment. Production reports must include, at a minimum:
(A) Monthly kilowatt hour (kWh) production.
Monthly kWh production as verified through:
(i) The Western Renewable Energy Generation
Information System (WREGIS), including EIA Utility and Plant codes, and the
WREGIS generator ID,
(ii) A
Qualifying Reporting Entity,
(iii)
A production statement from the purchasing utility, or
(iv) Another verifiable mechanism as agreed
upon with the Department.
(B) Capacity Factor. Actual Capacity Factor
for the preceding month
(C)
Changes in capacity. Explanation of unanticipated capacity changes experienced
in the previous month, both higher and lower, as well as large capacity
deviations anticipated for projected production.
(D) Renewable Energy Certificates (REC)
status. REC status including owners in Oregon and any changes in REC
ownership.
(e) Change
report. The incentive payments for Enrolled Projects are limited to the
electricity produced by the Enrolled Project as described in the incentive
program contract. Enrollees must notify the Department of any change in an
Enrolled Project scope as soon as possible.
(A) Changes to project details, including but
not limited to project current or anticipated future ownership, size, location,
Off-taking Entity, or to any of the project details evaluated when determining
qualifications and eligibility, must be reported to, and approved by the
Department to determine if the project is still eligible.
(B) Project changes may affect program
qualification or eligibility and could result in termination of, or adjustments
to program incentive payments.
(C)
Where a delay in project change reporting results in an overpayment the
Department will seek to recapture overpayment and reserves the right to offset
future payments as well as other remedies allowable by law to recapture
overpayment.
(f) Annual
report. Forty-five days after the end of the first half of each calendar year,
SDI Program Enrollees will submit additional data with their monthly report,
including, but not limited to
(A) Total
number, average wages, and location of jobs associated with the
project
(B) Federal tax credits
claimed in Oregon,
(C) Property
taxes paid (or total of fee in lieu of), and
(D) Total rents paid to land owner.
(g) Failure to report. Failure to
provide required reports, or failure to fully and accurately report project
details as required in each report type, may result in immediate termination of
program incentives payments and the removal of all associated Enrolled projects
from the SDI program. If the Department determines that a failure to report or
a failure to fully and accurately report resulted in Enrollee overpayment, the
Department will seek to recapture the overpayment and reserves the right to
offset future payments as well as other remedies allowable by law to recapture
overpayment.
Stat. Auth.: Ch. 63, OL 2016 (HB 4037)
Stats. Implemented: Ch. 63, OL 2016 (HB 4037)
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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