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Alternative Fuel Vehicle Tax Credit Rulemaking

Permanent rules filed for the Alternative Fuel Vehicle Projects Tax Credit and Alternative Fuel Vehicle Revolving Loan Fund programs.

The proposed rules implement changes for these programs based on legislation: Senate Bill 583 (2013) and House Bill 4107 (2014). The permanent rules were filed Oct. 10, 2014 and will be effective Jan. 1, 2015.
The Oregon Department of Energy proposes rules for the Energy Incentives Program (EIP) alternative fuel vehicle tax credit (fleets and infrastructure) to update program procedures, expand amendment requests and include provisions for the program’s sunset. The alternative fuel vehicle tax credits sunset at the end of tax year 2017. To align with statute and Oregon Laws, the draft rules propose that the department must receive an application for final certification prior to the end of the 2017 tax year of the applicant and for applicants choosing to sell the credit, the entity purchasing the credit must pay for it prior to the end of its 2017 tax year. For amendments, the draft rules propose allowing an applicant to submit an amendment request up until issuance of the final certificate rather than by the time the final application is submitted to the department. Additionally the department through this rulemaking proposes:
  • Updating cost terms to better explain program practice,
  • Adding fleet requirements from Opportunity Announcements to rule,
  • Adding a process for applicants to accept conditions on a preliminary certificate,
  • Requiring at final certification that applicants provide itemized documentation of total project costs, and
  • Allowing reconsideration of a denial during the technical review phase or request for an amendment.
Date:
Thursday, January 5, 2017
 
Time:
2 p.m.
 
Location:
Oregon Department of Energy
550 Capitol St NE
Salem, Oregon 97301
Meitner Room
 
Call-in Number:  1-888-273-3658 Access code: 3125235
Meeting Materials:
 
Written comments on the rulemaking are due by 5 p.m. on Friday, January 6, 2017, and sent via email to: elizabeth.ross@oregon.gov. The public hearing will be the final opportunity for comment before the department files permanent rules. ODOE plans for the proposed rules to be filed and effective in January, 2017.

Advisory Committee Meetings

Meeting Purpose:
The Energy Incentives Program (EIP) Alternative Fuel Vehicle Tax Credits (infrastructure and fleet) sunset at the end of tax year 2017. To prepare for the sunset and ensure applicants understand the impact of the sunset, the Oregon Department of Energy will discuss possible changes to program rules, and seek feedback from stakeholders about program operation. ODOE will post materials on its rulemaking website prior to the meeting. At the meeting, program staff will review:
  • Program sunset timelines
  • Cost definitions
  • Process to acknowledge conditions on a preliminary certificate
  • Process to streamline and simplify amendments
Background:
HB 3672 (2011) created the EIP Alternative Fuel Vehicle Infrastructure Tax Credit program in 2011. SB 583 (2013) added fleet projects to the program in 2015. The program is set to expire at the end of the 2017 tax year. ODOE has identified several areas of the rules that need updates or clarification in preparation for the program’s sunset.

October 27, 2016

Date:
Thursday, October 27 2016
 
Time:
2 p.m.
 
Location:
Oregon Department of Energy
625 Marion Street
Salem, Oregon 97301
Westerberg Room
 
Webinar:  www.connectmeeting.att.com, Meeting #213-270-2124, Access Code: 3125235
Call-in Number:  1-888-273-3658 Access code: 3125235
Meeting Materials:
 
Future Opportunities to Participate:
Following this public meeting, ODOE will review comments, post an updated version of draft rules on its website, and schedule a public hearing planned for January 2017.

October 12, 2016

Date:
Wednesday, October 12, 2016
 
Time:
2 p.m.
 
Location:
Oregon Department of Energy
625 Marion Street
Salem, Oregon 97301
Westerberg Room
 
Webinar:  www.connectmeeting.att.com, Meeting #213-270-2124, Access Code: 3125235
Call-in Number:  1-888-273-3658 Access code: 3125235
Meeting Materials:
 
Future Opportunities to Participate:
Following this public meeting, ODOE will review comments and host further discussions with stakeholders to review draft rules. The next meeting is planned for 2 p.m. on October 27 at ODOE’s office in Salem, with a webinar and call-in number available. After all the public meetings, ODOE will review comments, post an updated version of draft rules on its website, and schedule a public hearing.
For more information or to provide comments, contact: 
Michael Williams, Incentives Program Manager, 503-378-6508, michael.a.williams@oregon.gov 
Elizabeth Ross, Rulemaking, 503-378-8534, elizabeth.ross@oregon.gov
 
NOTE: To request an interpreter for the hearing impaired or accommodations for persons with disabilities, please contact the Oregon Department of Energy 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.

 

Rulemaking Summary:

The rulemaking process for the Alternative Fuel Vehicle Tax Credit and Alternative Fuel Vehicle Revolving Loan Fund programs is based on recent legislation: Senate Bill 583 (2013) and House Bill 4107 (2014). SB 583, section 13 through 17, adds eligibility for fleet projects to the existing alternative fuel vehicle infrastructure tax credit program. HB 4107 amends the loan program by adding eligibility for certain private entities and provides authority for the department to collect fees for loan applications. The relevant parts of SB 583 and HB 4107 become effective Jan. 1, 2015. For more information or to provide comments, please contact Elizabeth Ross at elizabeth.ross@state.or.us

The Oregon Department of Energy will hold a public hearing to receive comments on draft rules for the Alternative Fuel Vehicle Projects Tax Credit and Alternative Fuel Vehicle Revolving Loan Fund programs. The proposed rules implement changes for these programs based on recent legislation: Senate Bill 583 (2013) and House Bill 4107 (2014). The department will accept oral testimony on the rules at the public hearing. Participants unable to attend may call in to provide oral comments. Written comments on the rulemaking are due by 5 p.m. on Wednesday, Sept. 24, 2014, and sent via e-mail to: elizabeth.ross@state.or.us.

The public hearing will be the final opportunity for comment before the department files permanent rules in October. The department plans for the rules to be effective Jan. 1, 2015.

Date:
4
 
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
Hearing Materials:
 

Advisory Committee Meetings

July 31, 2014

Date:
Thrusday, July 31, 2014
 
Ti
me:
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
Meeting Materials:

June 23, 2014

Date:
Monday, June 23, 2014
 
Time:
10 a.m. 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
Meeting Materials:

June 10, 2014

Date:
Tuesday, June 10, 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
Meeting Materials:

May 15, 2014

Date:
Thursday, May 15, 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
 
At the meeting, the department will review draft rules and discuss the process and other aspects related to the tax credit and loan programs.
Following this advisory committee meeting, the department will review the draft rules and incorporate any needed changes. If necessary, the department will host a second advisory committee meeting on June 10.
After the advisory committee meetings, the department will review comments and post on its website an updated draft of the rules. During a public hearing planned for September, stakeholders may comment on the updated draft rules. The public hearing will be the final opportunity for comment before the department files final rules in mid-October. The department plans for the rules to be effective Jan. 1, 2015.
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.

Permanent rules filed for the Alternative Fuel Vehicle Revolving Fund and SELP

The Oregon Department of Energy filed permanent rules establishing the Alternative Fuel Vehicle Revolving Fund program and revising the Small Scale Local Energy Loan Program. The new rules are effective Dec. 12, 2013.

The permanent rules implement the Alternative Fuel Vehicle Revolving Fund program, established during the 2013 legislative session. The program provides loans to Oregon’s public bodies and federally recognized tribes to assist in the purchase of new alternative fuel vehicles and help convert existing gasoline or diesel vehicles to alternative fuels. The department will publish a funding opportunity announcement in early January.

The rules also amend the definition of “fleet” for the Small Scale Local Energy Loan Program to require a minimum of two (rather than three) vehicles and adopt a temporary rule to clarify eligible uses of loan proceeds for Small Scale Local Energy Loan Program projects.

In early 2014, the department plans to begin rulemaking to provide a tax credit for the acquisition of alternative fuel vehicle fleets under the Energy Incentives Program (as provided for during the 2013 legislative session). The tax credit for fleets will be available starting Jan. 1, 2015.

Rulemaking Summary:

Senate Bill 583 (2013) establishes the Alternative Fuel Vehicle Revolving Fund to provide loans to Oregon’s public bodies and federally recognized tribes. These loans will assist in the purchase of new alternative fuel vehicles and help convert existing gasoline or diesel vehicles to alternative fuels. The Oregon Department of Energy will administer the fund and related loans through its Small Scale Energy Loan Program.

The Oregon Department of Energy invites stakeholders to participate in the rulemaking process. At the meeting, the department will review draft rules and discuss the process and other aspects related to the Alternative Fuel Vehicle Revolving Fund. The rulemaking will also include adopting a temporary rule filed on June 17, 2013.

Public Hearing
Date:
Friday, November 22, 2013
 
Time:
10:00 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
 
Written comments accepted until Monday, Nov. 25 at 5 p.m. email to kathy.d.stuttaford@state.or.us
Meeting Materials:
Advisory Committee Meeting
Date:
Monday, October 14, 2013
 
Time:
10:00 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
 
Meeting Materials:

October 3, 2013 Workgroup Meeting

Date:
Thursday,October 3, 2013
 
Time:
1:30 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
 
Meeting Materials:

September 19, 2013 Workgroup Meeting

Date:
Thursday, September 19, 2013
 
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
Meeting Materials:
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