As used in ORS 316.116, 317.115 and 469.160 to 469.180:
(1) “Alternative energy device” means a category one alternative energy device or a category two alternative energy device.
(2) “Alternative fuel device” means any of the following:
(a) An alternative fuel vehicle;
(b) Related equipment; or
(c) A fueling station necessary to operate an alternative fuel vehicle.
(3) “Alternative fuel vehicle” means a motor vehicle as defined in ORS 801.360 that is:
(a) Registered in this state; and
(b) Manufactured or modified to use an alternative fuel, including but not limited to electricity, natural gas, ethanol, methanol, propane and any other fuel approved in rules adopted by the Director of the State Department of Energy that produces less exhaust emissions than vehicles fueled by gasoline or diesel. Determination that a vehicle is an alternative fuel vehicle shall be made without regard to energy consumption savings.
(4) “Category one alternative energy device” means:
(a) Any system, mechanism or series of mechanisms that uses solar radiation for space heating or cooling for one or more dwellings;
(b) Any system that uses solar radiation for:
(A) Domestic water heating; or
(B) Swimming pool, spa or hot tub heating and that meets the requirements set forth in ORS 316.116;
(c) A ground water heat pump and ground loop system;
(d) Any wind powered device used to offset or supplement the use of electricity by performing a specific task such as pumping water;
(e) Equipment used in the production of alternative fuels;
(f) A generator powered by alternative fuels and used to produce electricity;
(g) An energy efficient appliance;
(h) An alternative fuel device; or
(i) A premium efficiency biomass combustion device that includes a dedicated outside combustion air source and that meets minimum performance standards that are established by the State Department of Energy.
(5) “Category two alternative energy device” means a fuel cell system, solar electric system or wind electric system.
(6) “Coefficient of performance” means the ratio calculated by dividing the usable output energy by the electrical input energy. Both energy values must be expressed in equivalent units.
(7) “Contractor” means a person whose trade or business consists of offering for sale an alternative energy device, construction service, installation service or design service.
(8)(a) “Cost” means the actual cost of the acquisition, construction and installation of the alternative energy device paid by the taxpayer for the alternative energy device.
(b) For an alternative fuel vehicle, “cost” means the difference between the cost of the alternative fuel vehicle and the same vehicle or functionally similar vehicle manufactured to use conventional gasoline or diesel fuel or, in the case of modification of an existing vehicle, the cost of the modification. “Cost” does not include any amounts paid for remodification of the same vehicle.
(c) For a fueling station necessary to operate an alternative fuel vehicle, “cost” means the cost to the contractor of constructing or installing the fueling station in a dwelling and of making the fuel station operational in accordance with the specifications issued under ORS 469.160 to 469.180 and any rules adopted by the Director of the State Department of Energy.
(d) For related equipment, “cost” means the cost of the related equipment and any modifications or additions to the related equipment necessary to prepare the related equipment for use in converting a vehicle to alternative fuel use.
(9) “Domestic water heating” means the heating of water used in a dwelling for bathing, clothes washing, dishwashing and other related functions.
(10) “Dwelling” means real or personal property ordinarily inhabited as a principal or secondary residence and located within this state. “Dwelling” includes, but is not limited to, an individual unit within multiple unit residential housing.
(11) “Energy efficient appliance” means a clothes washer, clothes dryer, water heater, refrigerator, freezer, dishwasher, appliance designed to heat or cool a dwelling or other major household appliance that has been certified by the State Department of Energy to have premium energy efficiency characteristics.
(12) “First year energy yield” of an alternative energy device is the usable energy produced under average environmental conditions in one year.
(13) “Fuel cell system” means any system, mechanism or series of mechanisms that uses fuel cells or fuel cell technology to generate electrical energy for a dwelling.
(14) “Fueling station” includes but is not limited to a compressed natural gas compressor fueling system or an electric charging system for vehicle power battery charging.
(15) “Placed in service” means:
(a) The date an alternative energy device is ready and available to produce usable energy or save energy.
(b) For an alternative fuel vehicle:
(A) In the case of purchase, the date that the alternative fuel vehicle is first purchased as an alternative fuel vehicle ready and available for use.
(B) In the case of modification, the date that the modification is completed and the vehicle is ready and available for use as an alternative fuel vehicle.
(c) For a fueling station necessary to operate an alternative fuel vehicle, the date that the fueling station is first operational.
(d) For related equipment, the date that the equipment is first operational.
(16) “Related equipment” means equipment necessary to convert a vehicle to use an alternative fuel.
(17) “Solar electric system” means any system, mechanism or series of mechanisms, including photovoltaic systems, that uses solar radiation to generate electrical energy for a dwelling.
(18) “Wind electric system” means any system, mechanism or series of mechanisms that uses wind to generate electrical energy for a dwelling. [1977 c.196 §2; 1979 c.670 §3; 1981 c.894 §4; 1983 c.346 §1; 1983 c.768 §2; 1987 c.492 §2; 1989 c.880 §1; 1995 c.746 §19a; 1997 c.534 §4; 1999 c.510 §1; 2001 c.584 §5; 2005 c.832 §6; 2007 c.843 §28]
Note: Section 36, chapter 843, Oregon Laws 2007, provides:
Sec. 36. The amendments to ORS 316.116, 469.160, 469.165, 469.170, 469.172, 469.176 and 469.180 and section 5a, chapter 832, Oregon Laws 2005, by sections 28 to 35 of this 2007 Act apply to alternative energy devices constructed or installed on or after January 1, 2007. [2007 c.843 §36]Section: Previous 469.120 469.130 469.135 469.140 469.150 469.155 469.157 469.160 469.165 469.170 469.171 469.172 469.175 469.176 469.180 Next
Last modified: August 7, 2008