(1) A final certification may not be issued by the Director of the State Department of Energy under this section unless the facility was acquired, erected, constructed or installed under a preliminary certificate of approval issued under ORS 469.210 and in accordance with the applicable provisions of ORS 469.185 to 469.225 and any applicable rules or standards adopted by the director.
(2) Any person may apply to the State Department of Energy for final certification of a facility:
(a) If the department issued preliminary certification for the facility under ORS 469.210; and
(b)(A) After completion of erection, construction, installation or acquisition of the proposed facility or, if the facility is a qualified transit pass contract, after entering into the contract with a transportation provider; or
(B) After transfer of the facility, as provided in ORS 315.354 (5).
(3) An application for final certification shall be made in writing on a form prepared by the department and shall contain:
(a) A statement that the conditions of the preliminary certification have been complied with;
(b) The actual cost of the facility certified to by a certified public accountant who is not an employee of the applicant or, if the actual cost of the facility is less than $50,000, copies of receipts for purchase and installation of the facility;
(c) A statement that the facility is in operation or, if not in operation, that the applicant has made every reasonable effort to make the facility operable; and
(d) Any other information determined by the director to be necessary prior to issuance of a final certificate, including inspection of the facility by the department.
(4) The director shall act on an application for certification before the 60th day after the filing of the application under this section. The director, after consultation with the Public Utility Commission, may issue the certificate together with such conditions as the director determines are appropriate to promote the purposes of this section and ORS 315.354, 469.185, 469.200, 469.205 and 469.878. The action of the director shall include certification of the actual cost of the facility. However, in no event shall the director certify an amount for tax credit purposes which is more than 10 percent in excess of the amount approved in the preliminary certificate issued for the facility.
(5) If the director rejects an application for final certification, or certifies a lesser actual cost of the facility than was claimed in the application, the director shall send to the applicant written notice of the action, together with a statement of the findings and reasons therefor, by certified mail, before the 60th day after the filing of the application. Failure of the director to act constitutes rejection of the application.
(6) Upon approval of an application for final certification of a facility, the director shall certify the facility. Each certificate shall bear a separate serial number for each device. Where one or more devices constitute an operational unit, the director may certify the operational unit under one certificate. [1979 c.512 §8; 1981 c.894 §20; 1985 c.745 §5; 1989 c.765 §8; 1991 c.711 §4; 1995 c.746 §18; 1997 c.656 §9; 1999 c.365 §4; 1999 c.623 §6; 2001 c.583 §8; 2001 c.660 §1b; 2003 c.186 §26; 2007 c.843 §20]
Note: See note under 469.185.
Note: Section 26, chapter 843, Oregon Laws 2007, provides:
Sec. 26. The Director of the State Department of Energy may not issue a final certification of a facility under ORS 469.215 on or after January 1, 2016. [2007 c.843 §26]Section: Previous 469.197 469.200 469.205 469.206 469.207 469.208 469.210 469.215 469.217 469.220 469.225 469.228 469.229 469.230 469.232 Next
Last modified: August 7, 2008