Bovine manure production or collection; rules

# (1)

As used in this section:

# (a)

“Biofuel” means liquid, gaseous or solid fuels, derived from biomass, that have been converted into a processed fuel ready for use as energy by a biofuel producer’s customers or for direct biomass energy use at the biofuel producer’s site.

# (b)

“Biofuel producer” means a person that, through activities in Oregon:

(A) Alters the physical makeup of biomass to convert it into biofuel;

(B) Changes one biofuel into another type of biofuel; or

(C) Uses biomass in Oregon to produce energy.

# (c)

“Bovine manure” means, subject to subsection (2) of this section, cattle manure that is produced on Oregon farms.

# (d)

“Bovine manure producer or collector” means a person that produces or collects bovine manure in Oregon that is used, in Oregon, as biofuel or to produce biofuel.

# (e)

“Cattle” means cows, heifers, bulls, steers or calves.

# (2)

The Director of Agriculture may adopt rules to define criteria, only as the criteria apply to bovine manure, to determine additional characteristics of bovine manure for purposes of this section.

# (3)

# (a)

A bovine manure producer or collector shall be allowed a credit against the taxes that would otherwise be due under ORS chapter 316 or, if the taxpayer is a corporation, under ORS chapter 317 or 318 for the collection of bovine manure in Oregon that is used, in Oregon, as biofuel or to produce biofuel.

# (b)

A credit under this section may be claimed in the tax year in which the credit is certified under this section.

# (c)

A credit under this section may be claimed only once for each wet ton of bovine manure.

# (4)

The amount of the credit shall be calculated at a rate of $3.50 per wet ton, as certified under this section.

# (5)

# (a)

The State Department of Agriculture may establish by rule procedures and criteria for determining the amount of the tax credit to be certified under this section. The department shall provide written certification to taxpayers that are eligible to claim the credit under this section.

# (b)

The State Department of Agriculture may charge and collect a fee from taxpayers for certification of credits under this section. The fee may not exceed the cost to the department of issuing certifications.

# (6)

All fees collected under this section shall be deposited in the State Treasury to the credit of the Department of Agriculture Service Fund. Moneys deposited under this section are continuously appropriated to the department for the purpose of administering and enforcing the provisions of this section.

# (7)

The Department of Revenue may require that the State Department of Agriculture provide information about the certification issued under this section, if required by ORS 315.058.

# (8)

The amount of the credit claimed under this section for any tax year may not exceed the tax liability of the taxpayer.

# (9)

Each bovine manure producer or collector shall maintain a record of the written certification of the amount of the tax credit under this section for a period of at least five years after the tax year in which the credit is claimed and provide the written certification to the Department of Revenue upon request.

# (10)

The credit shall be claimed on a form prescribed by the Department of Revenue that contains the information required by the department.

# (11)

Any tax credit otherwise allowable under this section that is not used by the taxpayer in a particular tax year may be carried forward and offset against the taxpayer’s tax liability for the next succeeding tax year. Any credit remaining unused in the next succeeding tax year may be carried forward and used in the second succeeding tax year, and likewise any credit not used in that second succeeding tax year may be carried forward and used in the third succeeding tax year, and any credit not used in that third succeeding tax year may be carried forward and used in the fourth succeeding tax year, but may not be carried forward for any tax year thereafter.

# (12)

In the case of a credit allowed under this section:

# (a)

A nonresident shall be allowed the credit under this section in the proportion provided in ORS 316.117.

# (b)

If a change in the status of the taxpayer from resident to nonresident or from nonresident to resident occurs, the credit allowed by this section shall be determined in a manner consistent with ORS 316.117.

# (c)

If a change in the taxable year of the taxpayer occurs as described in ORS 314.085, or if the department terminates the taxpayer’s taxable year under ORS 314.440, the credit allowed under this section shall be prorated or computed in a manner consistent with ORS 314.085.

# (13)

A person that has earned a tax credit under this section may transfer the credit to a taxpayer subject to tax under ORS chapter 316, 317 or 318. The transfer must comply with ORS 315.056.

# (14)

The Director of Agriculture may order the suspension or revocation of a certification issued under this section, as provided in ORS 315.061. [2017 c.610 §7; 2018 c.111 §1; 2019 c.483 §10]

Note: Section 11, chapter 610, Oregon Laws 2017, provides:

Sec. 11. Section 7 of this 2017 Act [315.176] applies to tax years beginning on or after January 1, 2018, and before January 1, 2022.