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Energy Incentives Program Rulemaking

EIP and BETC Temporary Transfer Process Rule Filed

The Oregon Department of Energy adopted temporary rules on March 23, 2015, amending the transfer process for the Energy Incentives Program and the Business Energy Tax Credit. The change is retroactive to transfers that occurred on or after Dec. 22, 2014, for EIP projects and on or after July 10, 2012, for BETC projects.

The statute authorizing the sale of tax credits for these programs, ORS 469B.103 and 469B.112, is broad. It states that the cash payment must equal the present value and ODOE must establish a formula to be used in determining the prices of credits. The statute does not require the present value at which the credit is transferred to equal the formula, but requires ODOE to provide, by rule, a formula to be used in determining the price of credits.

By Oregon Administrative Rule, the Oregon Department of Energy provides two processes for BETC or EIP project owners to sell a tax credit: the pass-through or transfer process.

  • For the pass-through process, the department holds the credit’s certificate until a partner is located and may provide assistance and prescribe by rule a set rate for the present value of the tax credit.
  • For the transfer process, the credit is issued to the project owner. The department does not provide assistance nor does it enforce a specific rate for the present value of the tax credit. However, the parties may use the present value rate in the department’s rules as a guide for the transaction.

Project owners who use the pass-through or transfer process must meet all statute and rule requirements for the transfer. This includes the requirement in ORS 315.052 that states that no portion of the tax credit be used prior to the transfer.

The Oregon Department of Energy plans to begin permanent rulemaking to address these rule sections during the summer of 2015.

If you have any questions or need further information, please contact:

Elizabeth Ross
Oregon Department of Energy
503-378-8534
elizabeth.ross@state.or.us

Energy Incentives Program Fee Discussion Public Meeting

The Oregon Department of Energy invites stakeholders to discuss Energy Incentives Program fees for submitting an application, technical review, amendments, pass-through and transfer. At the meeting, department staff will review the current fees, program operations and possible fee increases. Under state law, ODOE may charge application and review fees to recover the anticipated cost of administering and enforcing the program.
Date:
February 13, 2015
 
Time:
1:00 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
 
Rulemaking Materials:
 

For more information or to provide comments, please contact Elizabeth Ross at elizabeth.ross@state.or.us.

NOTE: To request an interpreter for the hearing impaired, or accommodations for persons with disabilities, please contact ODOE at least 72 hours before the meeting at 1-800-221-8035 or fax 503-373-7806. TTY users should call the Oregon Relay Service at 711.

Energy Incentives Program fee increase rules were filed October 2, 2013

Materials:

Public Hearing - Fee Increase

Date:
September 23, 2013
 
Time:
9:00 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
 
Rulemaking Materials:
 
The Oregon Department of Energy will accept written comments until 5 p.m. Monday, Sept. 23, 2013 , email comments to: kathy.d.stuttaford@state.or.us

Conservation Energy Incentive Program

Transit Services Final Rules 11JUN12.pdfPermanent Rules for the Conservation Energy Incentive were filed on June 19, 2012
 

Alternative Fuel Vehicle Infrastructure

AFVI Final Rules.pdfPermanent Rules for the Alternative Fuel Vehicle Incentive were filed on July 30, 2012 with an effective date of August 1, 2012.

Transit Services

Transit Services Final Rules 11JUN12.pdfPermanent Rules for Transit Services were filed on June 11, 2012

Pass Through & Compliance

Transit Services Final Rules 11JUN12.pdfPermanent Rules for Pass Through & Compliance were filed on June 19, 2012

Renewable Energy Development Grants

Transit Services Final Rules 11JUN12.pdfPermanent Rules for Renewable Energy Development Grants were filed on August 15, 2012

Business Energy Tax Credits

BETC_OAR330-090_05.13.13.pdfPermanent Rules for the Business Energy Tax Credit Program effective on May 13, 2013