1. (1) Prior to erection, construction, installation or acquisition of a proposed facility, any person may apply to the State Department of Energy for preliminary certification under ORS 469B.157 if:

   1. (a) The erection, construction, installation or acquisition of the facility is to be commenced on or after October 3, 1979;
   2. (b) The facility complies with the standards or rules adopted by the Director of the State Department of Energy; and

   3. (c) The applicant meets one of the following criteria:

      1. (A) The applicant is a person to whom a tax credit for the facility has been transferred; or

      2. (B) The applicant will be the owner, contract purchaser or lessee of the facility at the time of erection, construction, installation or acquisition of the proposed facility, and:

         1. (i) The applicant is the owner, contract purchaser or lessee of a trade or business that plans to utilize the facility in connection with Oregon property; or
         2. (ii) The applicant is the owner, contract purchaser or lessee of a trade or business that plans to lease the facility to a person that will utilize the facility in connection with Oregon property.

2. (2) An application for preliminary certification shall be made in writing on a form prepared by the department and shall contain:

   1. (a) A statement that the applicant or the lessee of the applicant’s facility:

      1. (A) Intends to convert from a purchased energy source to a renewable energy resource;
      2. (B) Plans to acquire, construct or install a facility that will use a renewable energy resource or solid waste instead of electricity, petroleum or natural gas;
      3. (C) Plans to use a renewable energy resource in the generation of electricity for sale or to replace an existing or proposed use of an existing source of electricity;
      4. (D) Plans to acquire, construct or install a facility that substantially reduces the consumption of purchased energy;
      5. (E) Plans to acquire, construct or install equipment for recycling as described in ORS 469B.130 (11);
      6. (F) Plans to acquire an alternative fuel vehicle or to convert an existing vehicle to an alternative fuel vehicle;
      7. (G) Plans to acquire, construct or install a facility necessary to operate alternative fuel vehicles;
      8. (H) Plans to acquire transit passes for use by individuals specified by the applicant;
      9. (I) Plans to acquire, construct or install a transportation facility;
      10. (J) Plans to acquire a sustainable building practices facility;
      11. (K) Plans to acquire a car sharing facility and operate a car sharing program;
      12. (L) Plans to construct a high-efficiency combined heat and power facility;
      13. (M) Is a homebuilder and plans to construct a homebuilder-installed renewable energy system; or
      14. (N) Is a homebuilder and plans to construct a high-performance home.
   2. (b) A detailed description of the proposed facility and its operation and information showing that the facility will operate as represented in the application and remain in operation for at least five years, unless the director by rule specifies a shorter period of operation.
   3. (c) Information on the amount by which consumption of electricity, petroleum or natural gas by the applicant or the lessee of the applicant’s facility will be reduced, and on the amount of energy that will be produced for sale, as the result of using the facility or, if applicable, information about the expected level of sustainable building practices facility performance.
   4. (d) The projected cost of the facility.
   5. (e) If applicable, a copy of the proposed qualified transit pass contract, transportation services contract or contract for lease of parking spaces for a car sharing facility.
   6. (f) Information on the number and type of jobs that will be created, the number of jobs sustained throughout the construction, installation and operation of the facility and the benefits of the facility with regard to overall economic activity in this state.
   7. (g) Information demonstrating that the proposed facility will comply with applicable state and local laws and regulations and obtain required licenses and permits.
   8. (h) Information relating to the criteria required under ORS 469B.136.
   9. (i) Any other information the director considers necessary to determine whether the proposed facility is in accordance with the provisions of ORS 469B.130 to 469B.169, and any applicable rules or standards adopted by the director.
3. (3) An application for preliminary certification shall be accompanied by a fee established under ORS 469B.164. The director may refund all or a portion of the fee if the application for certification is rejected.

4. (4) The director may allow an applicant to file the preliminary application or a reapplication under subsection (6) of this section after the start of erection, construction, installation or acquisition of the facility if the director finds:

   1. (a) Filing the application before the start of erection, construction, installation or acquisition is inappropriate because special circumstances render filing earlier unreasonable; and
   2. (b) The facility would otherwise qualify for tax credit certification pursuant to ORS 469B.130 to 469B.169.
5. (5) A preliminary certification of a sustainable building practices facility shall be applied for and issued as prescribed by the department by rule.
6. (6) A preliminary certification shall remain valid for a period of three calendar years after the date the preliminary certification is issued by the director. The director may extend the three-year period for two additional calendar years upon reapplication and submission of the fee required by this section.

[Formerly 469.205]