1. (1) The Department will allocate the program limitation among applicants according to the order in which the Department receives applications that it determines to be complete and do not require any additional information pursuant to OAR 340-016-0300.

2. (2) If the Department receives multiple applications on the same day that it determines to be complete and do not require any additional information, and the total of the Clean Diesel Repower and Retrofit Tax Credits requested on these applications would exceed the program limitation, the Department will allocate the remaining limitation using the following method:

   1. (a) The Department will allocate the remaining program limitation to the application with the earliest postmarked date.
   2. (b) If multiple applications share the earliest postmarked date, the Department will allocate the remaining program limitation to the application with the earliest invoice date.
   3. (c) If multiple applications share the earliest invoiced date, the Department will allocate the remaining program limitation by random selection.

3. (3) Once the program limitation has been met, the Department will process applications as follows:

   1. (a) If the Department determines that it requires additional information or that the application is incomplete, the Department will request additional information pursuant to OAR 340-016-0300(6); and
   2. (b) Upon determining that it does not require any additional information and that the application is complete, the Department will review the application pursuant to OAR 340-016-0320 during the next calendar year.

Statutory/Other Authority

OL 2007, ch. 855 (HB 2172 (2007)), OL 2007, ch. 843 (HB 3201 (2007)), OL 2003, Sec. 28 - 32 & ORS 315.356

Statutes/Other Implemented

OL 2003, Sec. 28 - 32 & ORS 315.356

History

DEQ 9-2008, f. & cert. ef. 7-11-08