OAR 330-210-0110: Tax Credit Recertification

(1) An applicant of an energy conservation project with certified cost of $1 million or more that is subject to a performance agreement requiring recertification must recertify the tax credit annually up to three years following the date of the issuance of the final certificate for the initial portion of the tax credit to receive the full value of the tax credit. (2) To recertify the tax credit, the department must receive an application for recertification at least 60 days prior to the anniversary date of the issuance of the initial portion of the tax credit certificate. (3) The application for recertification must contain the following information: (a) A description of the business operations conducted at the facility and any changes in the business operations since the project was completed; (b) Energy consumption or production data for the project or facility as shown in the preceding 12 months of utility billing records; (c) A statement signed by the applicant attesting that the project is in compliance with all applicable laws related to the ownership and operation of the project; (d) A statement signed by the applicant attesting that the applicant is current on all obligations to the state and local regulations, including but not limited to obligations for taxes and permitting fees; (e) Any other information required by the department. (4) An application for recertification must be accompanied by the recertification fee specified in these rules. (5) The department may require an inspection of the project or facility as part of the review of the application for recertification. (6) The department may consult with the city or county in which the facility is located or with any federal or state agency in determining whether to approve an application for recertification. (7) During review of the application for recertification, the department will compare operation and performance data to the requirements in the performance agreement. (8) If the application for recertification is approved, the department will issue a tax credit certificate for the approved portion of the tax credit seeking recertification. (a) In the first recertification period, the department may issue a portion of the tax credit certificate up to 10 percent of the certified cost. (b) In the second recertification period, the department may issue a portion of the tax credit certificate up to 5 percent of the certified cost. (c) In the third recertification period, the department may issue two portions of the tax credit certificate up to 5 percent of the certified cost for each certificate. The second portion of the tax credit cannot be claimed until the fifth tax year. (9) The department may deny the recertification or issue a recertification for a lesser amount if the department determines that the project is not in compliance with all applicable statutes, administrative rules and the performance agreement. (10) If the department does not approve an application for recertification or reduces the amount of tax credit, the applicant may not claim, use or transfer that portion of the tax credit for which the recertification was denied. (11) If an applicant does not receive recertification of a portion of a tax credit, either because of a denial of the application for recertification or failure to submit a timely and complete application for recertification, the applicant loses that portion of the tax credit and that portion is considered revoked. If applicable, the applicant may submit subsequent applications for recertification for portions of the tax credit remaining to be recertified. (12) A person aggrieved by a decision of the department to deny or reduce the amount of a recertification for a tax credit may request a contested case hearing under ORS Chapter 183.