75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2165
 
                         House Bill 2472
 
Sponsored by COMMITTEE ON REVENUE
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Establishes calendar year limit on total cost of facilities for
which State Department of Energy may issue preliminary
certificates for business energy tax credit.
  Applies to applications for preliminary certification received
on or after January 1, 2010.
  Takes effect on 91st day following adjournment sine die.
 
                        A BILL FOR AN ACT
Relating to business energy tax credits; creating new provisions;
  amending ORS 469.210; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2009 Act is added to and made
a part of ORS 469.185 to 469.225. + }
  SECTION 2.  { + (1) The total cost for all facilities for which
the State Department of Energy issues preliminary certificates
under ORS 469.210 in a calendar year may not exceed $___.
  (2) The State Department of Energy and the Department of
Revenue shall establish by rule criteria for issuing preliminary
certificates in the event that applications for preliminary
certificates have a total cost that exceeds the limit established
in subsection (1) of this section. The rules shall give priority
in the issuance of preliminary certificates based on the dates on
which applications are received by the State Department of
Energy.  The Director of the State Department of Energy may deny
certification to otherwise qualified applicants if necessary for
the purpose of complying with this section. + }
  SECTION 3. ORS 469.210 is amended to read:
  469.210. (1) The Director of the State Department of Energy may
require the submission of plans, specifications and contract
terms, and after examination thereof, may request corrections and
revisions of the plans, specifications and terms.
  (2) If the director determines that the proposed acquisition,
erection, construction or installation is technically feasible
and should operate in accordance with the representations made by
the applicant, and is in accordance with the provisions of ORS
469.185 to 469.225 and any applicable rules or standards adopted
by the director, the director shall issue a preliminary
certificate approving the acquisition, erection, construction or
installation of the facility. If the director determines that the
acquisition, erection, construction or installation does not
comply with the provisions of ORS 469.185 to 469.225 and
applicable rules and standards  { - , - }   { + or if the
director determines that issuing the preliminary certification
would result in a total annual cost that exceeds the limit
provided in section 2 of this 2009 Act, + } the director shall
issue an order denying certification.
  SECTION 4.  { + Section 2 of this 2009 Act and the amendments
to ORS 469.210 by section 3 of this 2009 Act apply to
applications for preliminary certification received on or after
January 1, 2010. + }
  SECTION 5.  { + This 2009 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-fifth
Legislative Assembly adjourns sine die. + }
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