(a) The project complies with the standards adopted by the Director of the State Department of Energy; and
(b) The applicant will be the owner, contract purchaser or lessee of the project at the time of installation or construction of the project.
(2) An application for preliminary certification shall be made in writing on a form prepared by the department and shall contain:
(a) A statement that the applicant plans to acquire, construct or install a project that substantially reduces the consumption of purchased energy or uses energy more efficiently.
(b) A detailed description of the project and its operation and information showing that the project will operate as represented in the application and remain in operation for at least five years, unless the director by rule specifies another period of operation.
(c) Information on the amount by which consumption of purchased energy by the applicant will be reduced, and, if applicable, information about the expected level of sustainable building practices project performance.
(d) The anticipated total project cost.
(e) Information on the number and type of jobs, directly connected to the allowance of the credit, that will be:
(A) Created by the project; and
(B) Sustained throughout the construction, installation and operation of the project.
(f) Information demonstrating that the project will comply with applicable state and local laws and regulations and obtain required licenses and permits.
(g) Information relating to the standards described in ORS 469B.279.
(h) A recommendation for a research and development project as demonstrative of innovation that has been made by a qualified third party selected by the director.
(i) Any other information the director considers necessary to determine whether the project is in accordance with the provisions of ORS 469B.270 to 469B.306, and any applicable rules or standards adopted by the director.
(3) An application for preliminary certification shall be accompanied by a fee established under ORS 469B.294. The director may refund all or a portion of the fee if the application for certification is rejected.
(4) The director may allow an applicant to file the application for preliminary certification after the start of installation or construction of the project if the director finds that:
(a) Filing the application before the start of installation or construction is inappropriate because special circumstances render filing earlier unreasonable; and
(b) The project would otherwise qualify for certification under ORS 469B.270 to 469B.306.
(5) The director may, by rule, waive preliminary certification under ORS 469B.288, or may establish an informational filing system in place of preliminary certification, for projects that:
(a) Have eligible costs of less than $20,000;
(b) Consist of measures that the director determines to be eligible for waiver of preliminary certification; and
(c) Comply with any other requirements established by the director.
(6) A preliminary certification shall remain valid for a period of three calendar years after the date on which the preliminary certification is issued by the director, after which the certification becomes invalid even if:
(a) The applicant is awaiting identification of a pass-through partner; or
(b) The preliminary certification has been amended. [2011 c.730 §43; 2012 c.45 §21]
Structure 2021 Oregon Revised Statutes
Volume : 13 - Housing, Games, Environment
Chapter 469B - Energy Incentives; Tax Credits; Grants
Section 469B.100 - Definitions for ORS 469B.100 to 469B.118; rules.
Section 469B.103 - Criteria; federal standards; rules.
Section 469B.112 - Ineligible devices; rules.
Section 469B.115 - Performance assumptions and prescriptive measures for tax credits.
Section 469B.130 - Definitions for ORS 469B.130 to 469B.169 and 469B.171; rules.
Section 469B.136 - Priority given to certain projects; criteria; rules.
Section 469B.151 - Tax credit for rental housing units; eligibility.
Section 469B.154 - Transferability of rental housing unit tax credit; rules.
Section 469B.161 - Final certification; eligibility; contents of application.
Section 469B.167 - Certificate required for tax credits; certification not to exceed five years.
Section 469B.169 - Suspension or revocation of certificate; forfeiture of tax credits; collection.
Section 469B.171 - Assistance with facility purchase for investor-owned utility customers.
Section 469B.250 - Definitions for ORS 469B.250 to 469B.265.
Section 469B.253 - Application for grant; fees.
Section 469B.256 - Grant award; performance agreement; denial; limitations; forfeiture.
Section 469B.270 - Definitions for ORS 315.331 and 469B.270 to 469B.306.
Section 469B.273 - Preference given to certain projects; criteria.
Section 469B.279 - Standards for energy conservation projects; rules.
Section 469B.294 - Fees for certification or recertification; rules.
Section 469B.298 - Recertification of eligibility.
Section 469B.300 - Suspension or revocation of certificate or portion of certificate.
Section 469B.320 - Definitions for ORS 315.336 and 469B.320 to 469B.347.
Section 469B.323 - Transferability of project tax credit; determination of prices; rules.
Section 469B.332 - Final certification; eligibility; contents of application; rules.
Section 469B.338 - Certificate required for tax credits; certification not to exceed five years.
Section 469B.341 - Suspension or revocation of certificate or portion of certificate.
Section 469B.344 - Limitation on amount of potential tax credits for transportation projects.
Section 469B.400 - Fuel blends and solid biofuels; qualification for tax credits; rules.
Section 469B.403 - Biomass; eligibility for tax credits; rates.
Section 469B.991 - Civil penalty when contractor certificate revoked.