Current through Register Vol. 63, No. 9, September 1, 2024
(1) Amount of Credits Allowed for a Facility:
(a) During any calendar year, a BETC
preliminary certification will not be issued for more than:
(A) $20 million in maximum eligible facility
costs for a renewable energy resource facility or high efficiency combined heat
and power facility, not including wind facilities with an installed capacity of
more than 10 megawatts;
(B) $7
million in maximum eligible facility costs for a wind facility with an
installed capacity of more than 10 megawatts issued a preliminary certification
during 2010.
(C) $5 million in
maximum eligible facility costs for a wind facility with an installed capacity
of more than 10 megawatts issued a preliminary certification during 2011.
(D) $3 million in maximum eligible
facility costs for a wind facility with an installed capacity of more than 10
megawatts issued a preliminary certification on or after January 1, 2012.
(E) $10 million in maximum
eligible facility costs for any other facility, not including
homebuilder-installed renewable energy facility and high performance home BETC
subject to subsection (b).
(b) A final certification for a BETC will not
be issued for more than 50 percent of the cost not to exceed $9,000 for a
homebuilder-installed renewable energy facility or $12,000 if the facility also
constitutes a high performance home.
(2) Return of Review Charge for Returned
Incomplete Applications: This section does not apply to applications subject to
the tiered priority system under OAR 330-090-0350. If under 330-090-0130, the
Department does not accept and returns an incomplete application for
preliminary certification, the Department will also return the review charge
submitted by the applicant.
(3)
Cost of Reviews: ORS 469B.164 requires applicants to
pay all costs for the review of their applications. In order to meet this
statutory requirement the Department has established the following schedule for
payments to accompany an application.
(a)
Included with each application for preliminary certification must be a payment
payable to the Department, except for facilities qualifying under OAR
330-090-0130(2), for which a charge must be paid with the application for final
certification.
(A) Applicants within tier two
or three of the tiered priority system under OAR 330-090-0350 shall include
with their initial application a payment to the department of $500 for the
costs of step one. Applicants who are notified that their application is
approved for step two will be required to submit an additional fee as
calculated under (B) prior to review.
(B) For all facilities except Sustainable
Building Facilities or facilities qualifying under OAR 330-090-0130(2), the
payment will be 0.0060 multiplied by the facility eligible cost, or $30
whichever is greater. The maximum payment amount is $35,000.
(C) For Sustainable Building Facilities, the
payment will be 0.0035 multiplied by the eligible cost calculated as required
under these rules.
(D) For
facilities that qualify under OAR 330-090-0130(2), the payment will be 0.0035
multiplied by the eligible cost as requested in the final certification
application.
(b) A
refund of up to 75 percent of this payment may be granted up to 730 days (2
years) from the date the preliminary certification application was received by
the Department. Under no circumstances will an amount over 75 percent be
refunded. Conditions for which a refund may be granted are:
(A) Denial of a application for preliminary
certification or for facilities that qualify under OAR 330-090-0130(2) of final
certification; or
(B) Denial of a
portion of costs requested in an application for preliminary certification or
for facilities that qualify under OAR 330-090-0130(2) of final certification;
or,
(C) A request to amend a
preliminary certification resulting in decreased eligible costs. A refund will
not be granted for any costs that are included in a pending certification.
(c) Requests for
amendments or changes to a preliminary certification must be accompanied by a
payment. The payment is the lesser of $300 or the preliminary certification
application fee for the project. If a request to amend a preliminary
certification results in facility re-certification with increased eligible cost
then additional application payments will be paid for the additional cost as
specified in (3)(a) of this rule.
(d) Requests for extension of a preliminary
certification under ORS
469B.145 must be accompanied by
a payment. The payment is the lesser of $300 or the preliminary certification
application fee for the project.
(e) No facilities will be exempt from these
requirements including applications for BETC pass-through under OAR
330-090-0140.
(f) The payment is a
required part of a completed preliminary certification application per
330-090-0130, except for facilities that qualify under 330-090-0130(2).
Preliminary certifications will only be issued if the application is complete.
In addition, the applicant may be required to pay for costs incurred in
connection with the application that exceed these payments and which the
Director of the Department determines are incurred solely in connection with
processing the application. The applicant will be advised of any additional
costs the applicant must pay before the costs are incurred.
(4) Cost of Pass-through:
Applicants that transfer their tax credit to a pass-through partner must pay a
pass-through fee. The fee is due after a pass-through partner has been
identified and before the department can issue a tax credit certificate.
(a) If the department assists the applicant
in obtaining a pass-through partner or partners, the fee for that assistance is
0.25 percent of the tax credit amount, up to $25,000 maximum, but no less than
$100 minimum.
(b) If the
department does not assist the applicant in obtaining a pass-through partner,
the fee is $100 per tax credit certificate issued.
(5) Cost of Transfer: Applicants issued a tax
credit certificate that choose to have their tax credit re-issued to a
transferee must pay a transfer fee, the fee for that service is $200, plus $100
per tax credit certificate issued. In this section, a transferee means an
individual or business that pays the pass-through amount to an applicant, that
previously was issued the tax credit certificate, and receives a re-issued tax
credit certificate in place of the original applicant. The transfer must occur
within 24 months of the issuance of the original tax credit certificate and
after the applicable sunset date for the related facility in ORS
315.357. Prior to the applicable
sunset date for the related facility, applicants may use the pass-through to
transfer their tax credit.
Stat. Auth.: ORS
469.040,
469B.161 &
469B.164
Stats. Implemented: ORS
469B.130 -
469B.171 &
315.354 -
315.357
