Chapter 510 Oregon Laws 1999
Session Law
AN ACT
SB 1195
Relating to alternative
energy devices; creating new provisions; and amending ORS 469.160 and 469.172.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 469.160 is amended to read:
469.160. As used in ORS 316.116, 317.115 and 469.160 to
469.180:
[(1) "Alternative
energy device" means any system, mechanism or series of mechanisms,
including a photovoltaic system, that uses solar radiation for space heating,
cooling, electrical energy or any combination thereof for one or more dwellings
that meets or exceeds 10 percent of the total energy requirements for the
dwelling or dwellings. "Alternative energy device" includes any
system that uses solar radiation for domestic water heating. "Alternative
energy device" includes any system that uses solar radiation for swimming
pool, spa or hot tub heating and that meets the requirements set forth in ORS
316.116. "Alternative energy device" includes a ground water heat pump
and a ground loop system. "Alternative energy device" includes an
energy efficient appliance. "Alternative energy device" also includes
an alternative fuel device.]
(1) "Alternative
energy device" means:
(a) Any system, mechanism or
series of mechanisms, including photovoltaic systems, that uses solar radiation
or wind for space heating, cooling or electrical energy for one or more
dwellings that meets or exceeds 10 percent of the total energy requirement for
the dwelling or 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) A wind powered turbine
that generates electricity;
(e) Any wind powered device
used to offset or supplement the use of electricity by performing a specific
task such as pumping water;
(f) Equipment used in the
production of alternative fuels;
(g) A generator powered by
alternative fuels and used to produce electricity;
(h) A fuel cell;
(i) An energy efficient
appliance; or
(j) An alternative fuel
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 administrator of
the Office 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) "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.
(5) "Contractor" means a person whose trade or
business consists of offering for sale an alternative energy device,
construction service, installation service or design service.
(6)(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 administrator of the Office 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.
(7) "Domestic water heating" means the heating of
water used in a dwelling for bathing, clothes washing, dishwashing and other
related functions.
(8) "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.
(9) "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 Office of Energy to have premium
energy efficiency characteristics.
(10) "First year energy yield" of an alternative
energy device is the usable energy produced under average environmental
conditions in one year.
(11) "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.
(12) "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.
(13) "Related equipment" means equipment necessary to
convert a vehicle to use an alternative fuel.
SECTION 2.
ORS 469.172 is amended to read:
469.172. The following devices are not eligible for the
alternative energy device tax credit under ORS 316.116:
(1) Standard furnaces;
(2) Standard back-up heating systems;
(3) Woodstoves or wood furnaces, or any part of a heating
system that burns wood;
(4) Air-to-air and air-to-water heat pumps or any device that
uses ambient air to make heat;
(5) Heat pump water heaters;
(6) Structures that cover or enclose a swimming pool;
(7) Swimming pools, hot tubs or spas used to store heat;
(8) Above ground, uninsulated swimming pools, hot tubs or spas;
(9) Photovoltaic systems installed on recreational vehicles;
(10) Devices that use water[,
wind] or geothermal resources for space heating, cooling, electrical
energy, domestic water heating or swimming pool, spa or hot tub heating;
(11) Devices that use
wind for space heating, cooling, domestic water heating or swimming pool, spa
or hot tub heating;
[(11)] (12) Conversion of an existing
alternative energy device to another type of alternative energy device;
[(12)] (13) Repair or replacement of an
existing alternative energy device; or
[(13)] (14) Any other device identified by the
Office of Energy.
SECTION 3. The amendments to ORS 469.160 and 469.172
by sections 1 and 2 of this 1999 Act apply to alternative energy devices placed
in service on or after January 1, 2000.
Approved by the Governor
July 6, 1999
Filed in the office of
Secretary of State July 6, 1999
Effective date October 23,
1999
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