November 3, 2009
Temporary Rules Filed On Business Energy Tax Credit Program
The Oregon Department of Energy filed temporary administrative rules for the Business Energy Tax Credit (BETC) program.
As directed by Governor Kulongoski on August 7, 2009, the new rules involve changes to issues of multiple applications, project cost overruns, taxes owed to the state, enhanced accountability for jobs created and other topics.
The new rules will affect all tax credit applications that have not been issued a precertification letter on or after November 3, 2009.
The rule changes are designed to eliminate the practice of multiple applications for the same or similar projects, establish new criteria for project eligibility, enhance the ability to revoke, suspend and/or condition applications, and to establish new criteria for performance standards.
“These changes will keep the BETC program viable and flexible,” says Oregon Department of Energy Director Mark Long. “We want to preserve the program to use it as a tool in the toolbox to go after the right opportunities. These emergency rules are designed to ensure that applicants are obeying state laws, that applicants are delivering on commitments made to the State of Oregon, to slow the growth of the BETC program and to reduce the General Fund impact.”
Since these are temporary emergency rules, they are effective for 180 days, ending May 1, 2010. A notice for permanent rulemaking will be filed on Nov. 13, 2009 with an anticipated public rulemaking hearing on March 30, 2010 and the filing of permanent rules on April 29, 2010. To view the BETC rules, please go to http://oregon.gov/ENERGY/CONS/Rulemaking2009-BETC.shtml
The Governor issued the rulemaking directive to the Oregon Department of Energy when he vetoed HB 2472. The directive was to apply safeguards and to control the cost of the BETC program. A copy of the August 7, 2009 letter from Governor Kulongoski is available at http://oregon.gov/ENERGY/CONS/Rulemaking2009-BETC.shtml, as is an August 26, 2009 letter from Governor Kulongoski to ODOE Director Mark Long regarding BETC rules changes.
For more information contact:
Toll free in Oregon 800.221.8035