Energy Tax Law Alert: ODOE Issues Final Administrative Rules
On November 24, 2010, the Oregon Department of Energy (“ODOE”) issued final permanent administrative rules (the “Permanent Rules”) relating to the Business Energy Tax Credit (“BETC”). For a description of the BETC generally, see our previous alerts on November 5, 2009, February 27, 2008, and July 2, 2007.
The Permanent Rules finalize and make some changes to temporary rules that ODOE issued on May 21, 2010 (the “May Temporary Rules”). ODOE issued the May Temporary Rules after the Oregon legislature passed HB 3680 (2010), which made significant changes to the BETC and granted ODOE substantial rulemaking authority. For a complete description of HB 3680, see our previous alert on March 24, 2010. Prior to finalizing the Permanent Rules, ODOE held one public hearing as well as interactive public meetings.
Overall, the Permanent Rules are very similar to the May Temporary Rules. ODOE did, however, incorporate many of the changes requested during the public meetings. Notably, the Permanent Rules clarify when a final application is considered complete (which addresses a potential “disappearing BETC” issue of concern to some taxpayers), relax the rules for amending a preliminary certificate, and add a safe harbor deadline to file an application for final certification prior to the June 30, 2012 sunset of the program.
ODOE Issues Permanent Biomass Producer/Collector Tax Credit Rules
Yesterday, the Oregon Department of Energy issued is final administrative rules for the biomass producer /collector tax credit. The new permanent rules can be viewed at the following link: http://oregon.gov/ENERGY/RENEW/Biomass/docs/BPC_PermRules.pdf/oregon.gov/ENERGY/RENEW/Biomass/docs/BPC_PermRules.pdf
ODOE Announces Funding for Small Renewable Projects Gone
Earlier this year, the Oregon Department of Energy (“ODOE”) allocated $10 million in tax credits for renewable energy projects with costs of less than $500,000 (“Tier One Projects”). On Wednesday, October 13, ODOE announced that it will no longer accept applications for Tier One Projects because as of October 11 ODOE had received applications for credits in excess of the $10 million allocated for Tier One Projects. ODOE expects funding for Tier One Projects to become available in January 2011.
Upcoming BETC Deadline--July 30, 2010
Pursuant to recently issued temporary regulations, the Oregon Department of Energy has imposed a July 30, 2010 deadline for projects seeking a BETC that have projected facility costs of $6 million or greater. See the link below for specific details.
