Or. Admin. Code § 345-024-0720 - Qualified Organization
(1) If the
applicant elects to meet the applicable carbon dioxide emissions standard in
whole or in part under OAR
345-024-0560(3),
345-024-0600(3) and
(4), or
345-024-0630(2), (4) and
(5), the applicant shall identify the
qualified organization. The applicant may identify an organization that has
applied for, but has not received, an exemption from federal income taxation,
but the Council may not find that the organization is a qualified organization
unless the organization is exempt from federal taxation under section
501(c)(3) of the
Internal Revenue Code as amended and in effect on September 18, 2015.
(2) If the Council finds there is
no qualified organization, the certificate holder shall disburse the offset
funds according to one or more contracts for implementation of offsets as
determined by the following process:
(a) The
Council shall establish criteria for selection of offsets, based on the
reduction of net carbon dioxide emissions and the criteria set forth in OAR
345-024-0550(3)
for base load plants,
345-024-0590(3)
for non-base load power plants and
345-024-0620(3)
for nongenerating facilities. The Council may consider the costs of particular
types of offsets in relation to the expected benefits of such offsets. In
establishing criteria, the Council shall not require the certificate holder to
select particular offsets and shall allow the certificate holder a reasonable
range of choices in selecting offsets.
(b) Based on the criteria established by the
Council, the certificate holder shall select one or more offsets. The
certificate holder shall give written notice of its selections to the Council
and to any person requesting notice. For the purposes of this rule, the date of
notice is the date the certificate holder places the notice in the United
States mail, with first-class postage prepaid.
(c) On petition by the Department of Energy
or by any person adversely affected or aggrieved by the certificate holder's
selection of offsets, or on the Council's own motion, the Council may review
the selection. The petition must be received by the Council within 30 days of
the date of notice.
(d) The
Council shall approve the certificate holder's selection unless it finds that
the selection is not consistent with criteria established under subsection (a).
(e) The certificate holder shall
execute one or more contracts to implement the selected offsets within 18
months after commencing construction of the facility unless the Council allows
additional time based on a showing of good cause by the certificate holder. If
a certificate holder would have made a payment to a qualified organization as
described in OAR 345-024-0600(4)
or 345-024-0630(4) or
(5), the certificate holder shall instead
execute one or more contracts to implement the selected offsets, by a method
acceptable to the Council, within 18 months after reporting to the Council as
described in 345-024-0590(5)
or within 18 months after the Department notifies the certificate holder that
the certificate holder must replenish the offset credit account as described in
345-024-0630(4).
The certificate holder shall, under such contracts, obligate the expenditure of
at least 85 percent of the offset funds for the implementation of offsets. The
certificate holder may spend no more than 15 percent of the offset funds on
monitoring, evaluation and enforcement of such contracts.
(f) The certificate holder's financial
liability for implementation, monitoring, evaluation and enforcement of offsets
under this subsection (2) is limited to the amount of any offset funds not
already contractually obligated. The Council shall not base a revocation of the
site certificate or any other enforcement action with respect to the
certificate holder on any nonperformance, negligence or misconduct by the
entity or entities implementing, monitoring or evaluating the selected offsets.
(3) Every qualified
organization that has received funds under this rule shall, at five-year
intervals beginning on the date of receipt of such funds, provide the Council
with the information the Council requests about the qualified organization's
performance. The Council shall evaluate the information requested and, based on
such information, shall make recommendations to the Legislative Assembly that
the Council deems appropriate.
Notes
Stat. Auth.: ORS 469.470
Stats. Implemented: ORS 469.501 & 469.503
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