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No Current Rulemaking at this time.
 

The tabs below contain information regarding past rulemaking proceedings on the various aspects of the Business Energy Tax Credit program.

Pass-through, Transfer and Sunset Provisions

Permanent Rules

On May 13, 2013 ODOE filed permanent rules for the Business Energy Tax Credit program, this rulemaking for Pass-through, Transfer and Sunset Provisions: 
  • Addressed the application deadline for the July 1, 2014 program sunset
  • Expanded the transfer process
  • Made permanent the Nov. 16, 2012 temporary rule defining what constitutes “use” of the tax credit rendering the tax credit nontransferable. 

Public Hearing

Date:

Time:

Location:

 

Call-in Number:

Wednesday, April 24, 2013

1 p.m.

Oregon Department of Energy
625 Marion St.,
Salem, OR 97301
Westerberg Room

1-877-771-7176; Access code: 481079

 
Hearing Materials:
 
Written comments are due by 5 p.m. on Friday, April 26, 2013, via e-mail to: kathy.d.stuttaford@odoe.state.or.us. Written comments received prior to April 24 may be discussed at the hearing.
 

Advisory Committee Public Meeting

Date:

Time:

Location:

Thursday, Feb. 7, 2013

9 a.m.

Oregon Department of Energy
625 Marion St.
Salem, OR 97301
Westerberg Room

 
Meeting Materials:
 

Clarify “Use” of Tax Credit

Temporary Rulemaking

These temporary rule amendments clarify what constitutes “use” of the tax credit in ORS 469B.167(3), rendering the tax credit nontransferable in the Business Energy Tax Credit (BETC) program. The temporary rule defines “use” as when the tax credit offsets any portion of the project owner’s tax liability. Permanent rulemaking is expected to take place in spring 2013.

Federal grants reduce final total cost (HB3606)

These permanent rule amendments repeal the existing temporary rule amendments made April 18, 2011, and implement changes made by House Bill 3606 (2011) to the Business Energy Tax Credit program. These amendments implement statutory changes that specify that federal grants received in connection with a facility reduce the final total cost of a facility, and confirm applicability of these changes. The rules provide new definitions of "certified cost" and "federal grant". 

Meetings

Date:

Time:

Location:

September 21, 2011

9 a.m.

Oregon Department of Energy
625 Marion St.
Salem, OR 97301
Westerberg Room

 
Meeting Materials:
 

Manufacturing Credit (HB2523)

The Oregon Department of Energy sought input on permanent rule amendments implementing changes made by Oregon Laws 2011, Chapter 474 (House Bill 2523) to the Business Energy Tax Credit program for Renewable Energy Resource Equipment Manufacturing Facilities. These amendments prepare the rules for the transfer of the administration of the BETC Manufacturing program from the Oregon Department of Energy to the Oregon Business Development Department.
 
The new rule Division (091) provides a set of rules for the Oregon Business Development Department to use for the administration of the BETC Manufacturing program from January 1, 2012, when the program is transferred, until they adopt new rules. The amendments and repeal in Division 090 remove references to the BETC Manufacturing program from the remaining BETC rules, to prevent conflict with the new division. Rule language has been duplicated within Division 91 based on existing BETC rules in Division 90, the restructuring has been prepared for administrative purposes and no policy changes have been made.
 
The agency requested public comment on whether other options should be considered for achieving the rule's substantive goals while reducing the negative economic impact of the rule on business.

Rules

Meetings

Date:

Time:

Location:

Friday, October 21, 2011

9 a.m.

Oregon Department of Energy
625 Marion St.
Salem, OR 97301
Westerberg Room

 
Meeting Materials:
 

Public Hearing

Although the 2011 Oregon Legislature replaced the Business Energy Tax Credit program with the new Energy Incentives Program, the department still must carry out its obligations to BETC participants before that program officially ends July 1, 2014. The Oregon Department of Energy will hold a public rulemaking hearing on March 26 to review draft administrative rules

Business Energy Tax Credit Public Hearing

Date:
Wednesday, Mar. 26, 2014
 
Time:
10 a.m.
 
Location:
Oregon Department of Energy
625 Marion Street
Salem, Oregon 97301
Westerberg Room
 
Call-in Number: 
1-888-273-3658 Access code: 3125235
 
Written comments accepted until Wednesday, Mar. 26 at 5 p.m. email to kathy.d.stuttaford@state.or.us.
This rulemaking proposes adding an energy performance reporting requirement, requiring BETC projects to report energy performance annually for up to five years after receiving final certification. The energy performance reporting requirement may apply to projects receiving BETC final certification after Jan. 1, 2014. With the data collected, the department plans to reconcile reported energy savings and perform market analysis to determine market saturation and inform incentive development. The rule also proposes to formalize the process used for issuing a new certificate with the sale or disposition of a facility after final certification, as provided in ORS 315.354(5).
Meeting Materials
 

Public Meeting

Although the 2011 Oregon Legislature replaced the Business Energy Tax Credit program with the new Energy Incentives Program, the department still must carry out its obligations to BETC participants before that program officially ends July 1, 2014.

The Oregon Department of Energy invites Business Energy Tax Credit stakeholders to attend a rulemaking advisory committee meeting to discuss requiring BETC projects to report energy performance annually for up to five years after receiving final certification.

ORS 469B.145(2)(b) requires projects to remain in operation for at least five years. Accordingly, the proposed rule would add the requirement that project owners report the energy performance for up to five years after the project is operational. This would only apply to projects receiving BETC final certification after January 1, 2014.

With the data collected, the Oregon Department of Energy plans to reconcile reported energy savings with projected energy savings, and perform market analysis to determine market saturation and inform incentive development.

For more information, please email the program manager at maureen.bock@state.or.us.

Business Energy Tax Credit Rulemaking Advisory Committee Meeting

Date:
Monday, Jan. 27, 2014
 
Time:
2 p.m.
 
Location:
Oregon Department of Energy
625 Marion Street
Salem, Oregon 97301
Westerberg Room
 
Call-in Number: 
1-888-273-3658 Access code: 3125235
 

Current BETC Program Rules

Although the 2011 Oregon Legislature replaced the Business Energy Tax Credit program with the new Energy Incentives Program, the department still must carry out its obligations to BETC participants before that program officially ends July 1, 2014. On April 1, 2014, the Oregon Department of Energy filed permanent rules for the Business Energy Tax Credit program, this rulemaking amends BETC final certification rules by:

  • Formalizing the process used for issuing a new certificate with the sale or disposition of a facility after final certification as provided in ORS 315.354(5).
  • Adding an energy performance reporting requirement. The rule requires certain types of BETC projects to report energy performance annually for up to five years after receiving final certification. The energy performance reporting requirement may apply to projects receiving BETC final certification after January 1, 2014.