OAR Chapter 330 — Department of Energy

Division 1 PROCEDURAL RULES

Or. Admin. R. 330-001-0000 Notification of Rulemaking Activities

Prior to the adoption, amendment, or repeal of any rule, the Department of Energy shall give notice of the proposed adoption, amendment, or repeal:

(1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 15 days prior to the effective date.

(2) By mailing a copy of the notice to persons on the Department of Energy’s mailing list established pursuant to ORS 183.335(6).

(3) By mailing a copy of the notice to the following persons, organizations, or publications:

(a) United Press International and Associated Press;

(b) Oregon Environmental Council;

(d) Oregonian, Oregon Journal, and all other daily newspapers in Oregon;

(e) Associated Oregon Industries;

(f) Associated General Contractors;

(g) AFL-CIO.

History

Statutory/Other Authority: ORS 183
Statutes/Other Implemented: ORS 183
DOE 2, f. & ef. 10-21-75

Or. Admin. R. 330-001-0005 Model Rules of Procedure

Pursuant to the provisions of ORS 183.341, the Department of Energy adopts the Attorney General’s Model Rules of Procedure under the Administrative Procedure Act as amended and effective January 1, 2008.

History

Statutory/Other Authority: ORS 183
Statutes/Other Implemented: ORS 183
DOE 2-2010, f. & cert. ef. 1-27-10
DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03
DOE 5-1988, f. & cert. ef. 8-18-88
DOE 6-1981, f. & ef. 12-1-81
DOE 4-1980, f. & ef. 3-12-80
DOE 4-1978, f. & ef. 5-2-78
DOE 1, f. 8-27-75, ef. 9-25-75

Or. Admin. R. 330-001-0025 Public Records Request

(1) All public records of the Oregon Department of Energy are available for public inspection and copying at the department during usual business hours, except for records that the department has determined to be exempt or conditionally exempt from disclosure in accordance with ORS Chapter 192 and any other references establishing an exemption to disclosure of public records.

(2) A request to inspect or obtain copies of a public record or information from public records shall be made in writing and must include the following information:

(a) Name, address, email address and telephone number of the requester, except as considered unnecessary by the Director; and

(b) A specific description of the records requested.

(3) The department will charge fees involved in making public records available to the public as established by agency policy pursuant to ORS 192.440, and insure that all charges reflect no more than the actual cost to the department of producing and processing the public records request.

(4) The requester must pay all fees for access of a public record in advance unless later payment is approved by the Director.

History

Statutory/Other Authority: ORS 192.430
Statutes/Other Implemented: ORS 192.410 – 192.505
DOE 4-2017, f. & cert. ef. 5-24-17
DOE 2-2010, f. & cert. ef. 1-27-10

Division 7 CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES

Or. Admin. R. 330-007-0200 Statement of Purpose and Statutory Authority

(1) Purpose. These rules control the Oregon Department of Energy's acquisition of information about a subject individual's criminal history through criminal records checks or other means and its use of that information to determine whether the subject individual (SI) is fit to provide services to the Department as an employee, contractor or volunteer.

(2) Criminal records check are conducted in accordance with OAR 125-007-0200 through 125-007-0330.

History

Statutory/Other Authority: ORS 181A.195 & 469.055
Statutes/Other Implemented: ORS 181A.195 & 469.055
DOE 3-2017, f. & cert. ef. 5-8-17
DOE 5-2007, f. & cert. ef. 12-13-07

Or. Admin. R. 330-007-0210 Definitions

For the purposes of this division, the following definitions apply:

(1) "Authorized Designee" means a Department employee authorized to obtain and review criminal offender information and other criminal records information about a subject individual through criminal records checks and other means, and to conduct a fitness determination in accordance with these rules.

(2) "Contact Person" means a person who is authorized by the Department to receive and process criminal records check request forms signed by an SI and is authorized to receive other criminal records information. The contact person makes preliminary fitness determinations under the authority of the Department only if there is no indication of potentially disqualifying crimes.

(3) "Department" means the Oregon Department of Energy or any subdivision thereof.

(4) "Family Member" means a spouse, domestic partner, natural parent, foster parent, adoptive parent, stepparent, child, foster child, adopted child, stepchild, sibling, stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, grandchild, aunt, uncle, niece, nephew or first cousin.

(5) "Subject Individual" (SI) means a person identified in ORS 469.055.

(6) See OAR 125-007-0210 for additional definitions.

History

Statutory/Other Authority: ORS 181A.195 & 469.055
Statutes/Other Implemented: ORS 181A.195 & 469.055
DOE 3-2017, f. & cert. ef. 5-8-17
DOE 5-2007, f. & cert. ef. 12-13-07

Or. Admin. R. 330-007-0240 Preliminary Fitness Determination

(1) An authorized designee or contact person may conduct a preliminary fitness determination if the Department is interested in hiring or appointing an SI on a preliminary basis, pending a final fitness determination.

(2) If an authorized designee elects to make a preliminary fitness determination about an SI, pending a final fitness determination, the authorized designee or contact person must make that preliminary fitness determination in accordance with OAR 125-007-0250.

(3) The authorized designee or contact person must approve an SI as fit, on a preliminary basis, if the authorized designee or contact person has no reason to believe the SI has made a false statement and the information available to the authorized designee or contact person does not identify the SI has any potentially disqualifying crimes in accordance with OAR 125-007-0270.

(4) If the information available to the authorized designee discloses one or more of the circumstances identified in section (3), the authorized designee may approve an SI on a preliminary basis, if the authorized designee concludes, after evaluating all available information, hiring or appointing the SI on a preliminary basis does not pose a risk of harm to the Department, its client entities, the State, or members of the public.

(5) If an SI is either approved or denied on the basis of a preliminary fitness determination, an authorized designee must conduct a fitness determination under OAR 125-007-0260.

(6) An SI may not appeal a preliminary fitness determination.

History

Statutory/Other Authority: ORS 181A.195 & 469.055
Statutes/Other Implemented: ORS 181A.195 & 469.055
DOE 3-2017, f. & cert. ef. 5-8-17
DOE 5-2007, f. & cert. ef. 12-13-07

Or. Admin. R. 330-007-0320 Contact Person and Authorized Designees

(1) Appointment.

(a) The Department Director must designate the positions that include the responsibilities of an authorized designee or contact person.

(b) Appointment to one of the designated positions must be contingent upon an individual being approved under the Department's criminal records check and fitness determination process.

(2) The Department Director may also serve as an authorized designee or contact person, contingent on being approved under the Department's criminal records check and fitness determination process.

(3) Conflict of Interests. An authorized designee and the contact person must not participate in a fitness determination or review any information associated with a fitness determination for an SI if either of the following is true:

(a) The authorized designee or contact person is a family member of the SI; or

(b) The authorized designee or the contact person has a financial or close personal relationship with the SI. If an authorized designee is uncertain of whether a relationship with an SI qualifies as a financial or close personal relationship under this subsection (b), the authorized designee or contact person must consult with his or her supervisor before taking any action that would violate this rule if such a relationship were determined to exist.

(4) Termination of Authorized Designee or Contact Person Status.

(a) When an authorized designee's or contact person's employment in a designated position ends, his or her status as an authorized designee or contact person is automatically terminated.

(b) The Department must suspend or terminate a Department employee's appointment to a designated position, and thereby suspend or terminate his or her status as an authorized designee or contact person, if the employee fails to comply with OAR 330-007-0200 through 330-007-0310 in conducting criminal records checks and fitness determinations.

(c) An authorized designee or contact person must immediately report to his or her supervisor if he or she is arrested for or charged with, is being investigated for, or has an outstanding warrant or pending indictment for a crime listed in OAR 125-007-0270. Failure to make the required report is grounds for termination of the individual's appointment to a designated position, and thereby termination of his or her status as an authorized designee or contact person.

(d) The Department will review and update an authorized designee's or contact person's eligibility for service in a designated position, during which a new criminal records check and fitness determination may be required at any time the Department has reason to believe that the authorized designee or contact person has violated these rules or no longer is eligible to serve in his or her current position.

(5) A denial under OAR 125-007-260 related to a designated position is subject to the appeal rights provided under OAR 125-007-0300.

History

Statutory/Other Authority: ORS 181A.195 & 469.055
Statutes/Other Implemented: ORS 181A.195 & 469.055
DOE 3-2017, f. & cert. ef. 5-8-17
DOE 5-2007, f. & cert. ef. 12-13-07

Or. Admin. R. 330-007-0330 Fees

(1) The Department may charge a fee for acquiring criminal offender information for use in making a fitness determination. In any particular instance, the fee must not exceed the fee(s) charged the Department by the Oregon Department of State Police and the Federal Bureau of Investigation to obtain criminal offender information on the subject individual.

(2) The Department may charge the fee to the subject individual on whom criminal offender information is sought, or, if the subject individual is an employee of a Department contractor and is undergoing a fitness determination in that capacity, the Department may charge the fee to the subject individual's employer.

(3) The Department must not charge a fee if the subject individual is a Department employee, a Department volunteer, or an applicant for employment or a volunteer position with the Department.

History

Statutory/Other Authority: ORS 181A.195 & 469.055
Statutes/Other Implemented: ORS 181A.195 & 469.055
DOE 3-2017, f. & cert. ef. 5-8-17
DOE 5-2007, f. & cert. ef. 12-13-07

Division 10 CONFIDENTIAL TREATMENT OF INFORMATION

Or. Admin. R. 330-010-0005 Purpose

The purpose of these rules is to establish standards and procedures for determining whether information submitted to the Department of Energy shall be entitled to confidential treatment.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 2-1979, f. & ef. 3-20-79
DOE 4, f. & ef. 11-28-75

Or. Admin. R. 330-010-0010 Statutory Authority and Scope

These rules carry out and are authorized by ORS 469.040(a), (d), and 469.090.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 2-1979, f. & ef. 3-20-79
DOE 4, f. & ef. 11-28-75

Or. Admin. R. 330-010-0015 Definitions

For purposes of these rules, the following definitions shall apply:

(1) “Department” means the Department of Energy.

(2) “Director” means the Director of the Department.

(3) “Energy Supplier” means a coal supplier, petroleum supplier, or utility, as defined in ORS 469.020(2), (8), and (12).

(4) “Person” shall be defined in ORS 469.020(7).

(5) “Proprietary” means information, regardless of its format, in which there is an ownership interest which is of important, established financial or competitive value to its owner, determined by use of the following indicators:

(a) Whether the information is treated as confidential by its owner.

(b) Whether its owner has made the information available to others, and the reason for such disclosure.

(d) The cost of developing the information.

(e) The potential for financial or competitive loss to its owner from disclosure of the information.

(f) Whether legal protections, such as patents or copyrights, exist for the information.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 2-1979, f. & ef. 3-20-79
DOE 4, f. & ef. 11-28-75

Or. Admin. R. 330-010-0020 Material Entitled to Confidential Treatment

(1) Any information submitted to the Department by an energy supplier or any other person shall be entitled to confidential treatment if the Director, upon request of the one submitting the information, determines:

(a) That the information is proprietary in nature; or

(b) That the information consists of geological and geophysical information and data, including maps, concerning oil, gas, or geothermal resources wells.

(2) Any information submitted to the Department classified as Safeguards Information (SI) shall be automatically entitled to confidential treatment and handled in accordance with OAR chapter 330, division 30 and OAR chapter 345, division 70.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 2-1985, f. & ef. 1-7-85
DOE 2-1979, f. & ef. 3-20-79
DOE 4, f. & ef. 11-28-75

Or. Admin. R. 330-010-0025 Procedure for Requesting Confidential Treatment

(1) A request for confidential treatment shall be made in writing and shall be accompanied by copies of the information which is the subject of the request, segregated from any other information submitted for which confidential treatment is not requested.

(2) The written request for confidential treatment shall set forth the following:

(a) The specific information to be treated as confidential, identified by form, page, and line number, if any;

(b) The specific reason for requesting confidential treatment, together with any supporting evidence, documents, or argument related thereto;

(d) The date on which each item of information need no longer be treated as confidential.

(3) The package or envelope in which the request for confidential treatment and related material are sent to the Department shall be addressed to the Director’s attention and be so marked as to indicate clearly the confidential nature of the contents.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 2-1979, f. & ef. 3-20-79
DOE 4, f. & ef. 11-28-75

Or. Admin. R. 330-010-0030 Determination by Director

(1) Within ten business days after receipt of a request for confidential treatment, the Director shall review the request and make his findings on whether the standard set forth in OAR 330-010-0020 has been met.

(2) The Director’s findings shall be promptly sent to the energy supplier or other person requesting confidential treatment by registered or certified mail.

(3) In the event that the Director finds that confidential treatment is not proper, the information submitted shall not be publicly disclosed until ten days after his decision has been mailed.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 2-1979, f. & ef. 3-20-79
DOE 4, f. & ef. 11-28-75

Division 20 ENERGY SUPPLIER REPORTING REQUIREMENTS

Or. Admin. R. 330-020-0005 Purpose

The purpose of these rules is to specify the form and content of certain information to be furnished annually to the Department of Energy by utilities regarding energy demand.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.080
DOE 1-1984, f. 1-16-84, ef. 2-1-84
DOE 1-1979, f. & ef. 3-20-79
DOE 2-1978, f. & ef. 3-3-78
DOE 7, f. & ef. 1-11-77
DOE 3, f. & ef. 11-20-75

Or. Admin. R. 330-020-0010 Statutory Authority and Procedure

These rules carry out, and are authorized by ORS 469.080(1) and were adopted pursuant to 183.335.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.080
DOE 1-1984, f. 1-16-84, ef. 2-1-84
DOE 1-1979, f. & ef. 3-20-79
DOE 2-1978, f. & ef. 3-3-78
DOE 7, f. & ef. 1-11-77
DOE 3, f. & ef. 11-20-75

Or. Admin. R. 330-020-0020 Definitions — General

For purposes of these rules, all terms are to be construed in a manner consistent with their common commercial usage absent an express indication to the contrary. When a term is commonly used in conflicting ways and there is no evidence of the meaning intended by the Department, the following rules of construction apply:

(1) For natural gas and electricity information, if the term has a single recognized meaning for reports to the U.S. Department of Energy, Federal Energy Regulatory Commission (FERC), that meaning shall apply.

(2) If the conditions of section (1) of this rule does not apply and if the term has a single recognized meaning for reports to the Oregon Public Utility Commissioner (OPUC), that meaning shall apply.

(3) If the conditions of sections (1) and (2) of this rule do not apply and if the term has a single recognized meaning to the Edison Electric Institute (EEI) or the American Gas Association (AGA), that meaning shall apply.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.030
DOE 1-1984, f. 1-16-84, ef. 2-1-84
DOE 1-1979, f. & ef. 3-20-79
DOE 2-1978, f. & ef. 3-3-78
DOE 7, f. & ef. 1-11-77
DOE 3, f. & ef. 11-20-75

Or. Admin. R. 330-020-0025 Definitions — Specific

For purposes of these rules, the following definitions shall apply:

(1) “Customer Class” means a broad category of customers who use a particular energy form for essentially similar purposes, including, but not limited to the following categories:

(a) Transportation: Those activities or uses of property where the primary function is to transfer or convey persons or property from one place to another;

(b) Residential: Energy use in a domestic dwelling for spaceheating, air conditioning, cooking, water heating and other domestic uses;

(c) Commercial: Energy use by customers engaged primarily in the sale of goods and services including institutions and local, state and federal government agencies;

(d) Electrical Generation: Those activities or uses of property used for the generation of electric power;

(e) Industrial: Energy use by customers engaged primarily in a process which changes raw or unfinished materials into another form or product;

(f) Other: All other uses of energy.

(2) “Department” means the Department of Energy.

(3) “Director” means the Director of the Department.

(4) “Electric Utility” means a utility engaged in the generation, transmission or distribution of electric energy and having an Oregon service area.

(5) “Energy Supplier” means a utility as defined in ORS 469.020, subsections (2), (8), and (12).

(6) “Gas Utility” means a utility engaged in distributing natural gas and having an Oregon service area.

(7) “Person” means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, people’s utility district, or any other entity, public or private, however organized.

(8) “Proprietary Information” means information in which is of financial or competitive value to its owner. Specific rules and procedures regarding the designation and handling of proprietary information are listed as OAR 330-010-0005 to 330-010-0030 and are available from the Department upon request.

(9) “Resale Customer” means a customer who purchases energy from an energy supplier, the majority of which he sells to another person.

(10) “SIC” means the Standard Industrial Classification Manual of 1972 (Executive Office of the President, Office of Management and Budget, Washington, D.C.), on file with the Oregon Secretary of State.

(11) “Utility” shall be as defined in ORS 469.020(12).

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.030
DOE 1-1984, f. 1-16-84, ef. 2-1-84
DOE 2-1982, f. & ef. 1-29-82
DOE 1-1979, f. & ef. 3-20-79
DOE 2-1978, f. & ef. 3-3-78
DOE 7, f. & ef. 1-11-77
DOE 3, f. & ef. 11-20-75

Or. Admin. R. 330-020-0030 Forms — General

With the exception of the provisions of OAR 330-020-0065, all information required to be submitted by ORS 469.080(1), or by these rules shall be submitted on forms provided by the Department and described in these rules. The information required by each form shall be determined by the provisions of OAR 330-020-0035. The actual forms provided by the Department may vary as to format and phrasing from the descriptions provided in 330-020-0035 in any manner consistent with these rules, and may contain such notation as may facilitate computer data entry.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.080
DOE 1-1984, f. 1-16-84, ef. 2-1-84
DOE 1-1979, f. & ef. 3-20-79
DOE 2-1978, f. & ef. 3-3-78
DOE 7, f. & ef. 1-11-77
DOE 3, f. & ef. 11-20-75

Or. Admin. R. 330-020-0035 Forms — Specific

Each utility shall submit its best estimate of information required by these rules, which shall be on the following forms to be supplied by the Department of Energy (all information submitted shall relate to the supplier’s Oregon business unless specified otherwise):

(1) Electric utilities shall submit the following forms:

(a) ODOE Form OEU-1, “Base Year Electrical Consumption,” requires one year of historical data of electricity consumption by Customer Class;

(b) ODOE Form OEU-2, “Residential Sector — New Customer Report 1978,” requires information on the number of new customers for the most recent historic year; their space and water heat fuel types, and whether they live in a house, apartment or mobile home;

(c) ODOE Form OEU-3a and OEU-3b, “Base Year Electrical Consumption by Industry Type,” requires historical data on electrical consumption by two digit SIC:

(A) ODOE Form OEU-3a for utilities with annual sales of five billion kilowatt hours or more in Oregon, electrical consumption for each two digit SIC for the most recent historic year is required,

(B) ODOE Form OEU-3b for those utilities with annual sales of less than five billion kilowatt hours in Oregon, annual electrical consumption for all manufacturing two digit SIC is required for industrial firms with more than 200 kW demand.

(2) Natural gas utilities shall submit copies of Forms G-17, G-18 and G-20 filed with the American Gas Association for the calendar year immediately preceding the current reporting year.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.080
DOE 1-1984, f. 1-16-84, ef. 2-1-84
DOE 2-1982, f. & ef. 1-29-82
DOE 1-1979, f. & ef. 3-20-79
DOE 2-1978, f. & ef. 3-3-78
DOE 7, f. & ef. 1-11-77
DOE 3, f. & ef. 11-20-75

Or. Admin. R. 330-020-0045 Submission Deadline

(1) Except as provided in OAR 330-020-0055, every energy supplier required to submit information to the Department by these rules shall submit the specific information required by 333-020-0035 on or before June 1st of each year.

(2) For purposes of this rule, an energy supplier’s report shall be deemed submitted as of the date of postmarking, or the date of receipt at the Department, whichever is earlier, provided each report is properly completed.

(3) “A civil penalty in an amount not less than $100 per day nor more than $1,000 per day may be assessed by the Circuit Court for wilful failure to submit energy data or wilful failure to comply with a subpoena served by the director pursuant to subsection (2) of ORS 469.080.” (Subsection (3) of ORS 469.992 as amended in 1977).

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.080
DOE 1-1984, f. 1-16-84, ef. 2-1-84
DOE 1-1979, f. & ef. 3-20-79
DOE 2-1978, f. & ef. 3-3-78
DOE 7, f. & ef. 1-11-77
DOE 3, f. & ef. 11-20-75

Or. Admin. R. 330-020-0050 Extension of Submission Deadline

(1) Any energy supplier that finds it cannot meet the deadline set forth in OAR 330-020-0045 may apply to the Director for an extension of time. The application shall be by petition setting forth:

(a) The reasons why it cannot meet the deadline;

(b) The measures it is taking to comply with the deadline; and

(2) The Director may grant an extension of not more than thirty days if it appears to him:

(a) That the energy supplier is making a good faith effort to provide the information required in a timely manner; and

(b) That it is likely that the energy supplier will be able to comply within the period of the extension.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.080
DOE 1-1984, f. 1-16-84, ef. 2-1-84
DOE 1-1979, f. & ef. 3-20-79
DOE 2-1978, f. & ef. 3-3-78
DOE 7, f. & ef. 1-11-77
DOE 3, f. & ef. 11-20-75

Or. Admin. R. 330-020-0055 Corrections

Corrections of any information submitted by an energy supplier shall be reported to the Department promptly. The change or correction shall identify the form number, page and item to be changed or corrected and accompanied by a full explanation regarding the correction.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.080
DOE 1-1984, f. 1-16-84, ef. 2-1-84
DOE 1-1979, f. & ef. 3-20-79
DOE 2-1978, f. & ef. 3-3-78
DOE 7, f. & ef. 1-11-77
DOE 3, f. & ef. 11-20-75

Or. Admin. R. 330-020-0065 Substitution of Data

Any energy supplier may, in lieu of submitting a form required by OAR 330-020-0035, submit a report it made to another governmental agency, if the alternative report submitted contains all of the information required by, and is clearly cross-indexed to, the form for which it is substituted.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.080
DOE 1-1984, f. 1-16-84, ef. 2-1-84
DOE 1-1979, f. & ef. 3-20-79
DOE 2-1978, f. & ef. 3-3-78
DOE 7, f. & ef. 1-11-77
DOE 3, f. & ef. 11-20-75

Or. Admin. R. 330-020-0070 Request for Confidential Treatment

If any form described in OAR 330-020-0035 requests proprietary information, the energy supplier may request that the information be received and maintained on a confidential basis (see the procedures in Department of Energy rule 330-010-0090). A request for confidential treatment must be made by the energy supplier no later than the date on which the information is submitted in accordance with the submission deadline contained in 330-020-0050.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.090
DOE 1-1984, f. 1-16-84, ef. 2-1-84
DOE 1-1979, f. & ef. 3-20-79
DOE 2-1978, f. & ef. 3-3-78
DOE 7, f. & ef. 1-11-77
DOE 3, f. & ef. 11-20-75

Division 25 RESOURCE PLAN

Or. Admin. R. 330-025-0005 Purpose and Statutory Authority

(1) This rule is authorized pursuant to ORS 469.040(i)(d) and 469.080 and implements the policies enunciated by the Energy Facility Siting Council (EFSC) in its statement in explanation of the Need-for-Power Standard, adopted January 6, 1981. In that statement, EFSC directed the Oregon Department of Energy (ODOE) to develop rules for resource plan to be filed by electric utilities. EFSC stated: “Such a resource plan would document the steps to be taken by the utilities to achieve the resources identified in the Need-for-Power standard and their actions to overcome the constraints which preclude greater reliance on these resources.” This procedure is intended to offer the opportunity to measure progress towards achieving greater reliance on conservation and renewable resources.

(2) The resource plan will offer information on how utilities plan to meet load requirements in their respective Oregon sources area. The information will foster understanding of Oregon electricity loads and resources, not only within the state but within the region. Conversely, information produced in the development of the regional electricity supply plan of the Pacific Northwest Regional Planning Council will also be considered. Utilities are encouraged to incorporate information developed for the regional supply plan to minimize duplication and describe any significant differences.

(3) The information contained in the plans will be considered public information except such specified information which a utility explicitly seeks to be treated confidential pursuant to ORS 469.090.

(4) ODOE recognizes that information contained in the resource plans may be preliminary and subject to change. The information contained in the resource plans may be qualified to reflect uncertainties.

(5) This rule will be reviewed by July 1 of each year for appropriate revisions and may be revised in the interim if warranted.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.060
DOE 4-1982, f. & ef. 3-12-82

Or. Admin. R. 330-025-0010 Definitions

(1) “Utility”: Every electric utility that serves Oregon consumers and which has a service area load greater than 100 average megawatts and every generating and transmission company (G & T) acting on behalf of member utilities serving consumers in Oregon that participates in, or intends to participate in, constructing electricity generation facilities in Oregon.

(2) “Director”: The Director of the Oregon Department of Energy.

(3) “EFSC’s Biennial Forecast”: The forecast of electricity demand and supply adopted by the EFSC as part of the siting standard. The first forecast was adopted January 6, 1981. EFSC will update this forecast every two years, but may revise the forecast under circumstances described in OAR 345-111-0020.

(4) “Planned Electric Generating Facility”: An electric Generating facility, including one owned by a Private Power Producer, for which any of the following events has occurred:

(a) The filing of an application, with the appropriate federal or state licensing authority;

(b) The execution of a contract with a utility creating a binding financial obligation to participate in the construction of, or to purchase firm energy from, an electric generating facility.

(5) “Planned Electric Generating Facility” shall not include facilities which meet any of the above criteria if the sponsor or owner of the facility has announced publicly the termination or indefinite delay in construction of the facility.

(6) “Private Power Producers”: A person or organization who generates electricity to sell wholesale and who is not subject to state or federal regulation as an electric utility.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.030
DOE 4-1982, f. & ef. 3-12-82

Or. Admin. R. 330-025-0015 Resource Plan Submission Requirement

(1) On or before July 1, 1982, and on or before every April 1 of even numbered years thereafter, each utility shall submit to the Director a resource plan. This plan shall forecast and describe how the utility will meet demand on its Oregon system (or the systems of its members) over a fifteen-year period as determined by EFSC’s most recent biennial forecast of demand and supply. This plan will meet the utility forecast requirement contained in ORS 469.070(4) for those years that a resource plan is due.

(2) Utilities do not have to submit a revised plan if and when EFSC revises its biennial forecast in the interim period between the development of consecutive biennial forecasts.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.080
DOE 4-1982, f. & ef. 3-12-82

Or. Admin. R. 330-025-0020 Required Contents of the Resource Plan

(1) The resource plan shall list and describe all existing and Planned Electric Generating Facilities expected to be in operation to meet the utility’s demand in each of the forecast years. The description of existing and Planned Electric Generating Facilities shall include, but not be limited to, type, location, name plate rating, commercial operation date, retirement date, average energy capability, the utility’s share of ownership, fuel, and operating characteristics. For Planned Electric Generating Facilities, the status of the licensing process and a construction schedule shall be provided.

(2) The resource plan shall contain information on the financial and economic characteristics of Planned Electric Generating Facilities including, but not limited to, projected construction capital outlays, operation costs, and escalation rates.

(3) The resource plan shall list and describe all the utility’s existing and planned conservation programs (including programs to implement use of renewable resources at the point of end use), their actual or expected financial and economic characteristics, actual annual energy savings achieved to date from existing programs, and expected amount of energy savings on an annual basis for planned programs, taking into account energy savings specified by EFSC’s biennial forecast.

(4) A utility shall, in its submitted resource plan, specify what conditions (if any) inhibit obtaining the quantity of energy from conservation and renewable resources which is specified in EFSC’s biennial forecast and actions it is taking or which must be taken by other entities to overcome these.

(5) For the forecast period, the resource plan shall contain a list of utilities (including BPA), and Private Power Producers, with which the utility has contracts for firm purchases and sales. This listing shall include the amount and the price of electricity to be delivered, exchanged, or sold under each specific contract.

(6) The resource plan shall identify major transmission requirements to connect planned and purchased resources to the utility’s transmission grid.

(7) The resource plan shall include estimates of energy losses and energy used by the utility for each year of the forecast.

(8) The resource plan shall describe generally, the actions and timing of actions being taken or necessary to be taken by the utility to develop its proportional share of the resources identified in OAR 345-111-0020, Table 3. [Table not included. See ED. NOTE.] It is recognized that an individual utility may place a greater or lesser emphasis on each type of resource vis-a-vis its proportionate share, particularly for resources that are specific to a given service area. This description shall include, but not be limited to, identification of the major milestones that must be met in developing each type of these resources and when the Utility expects that they will be met.

(9) The resource plan shall include actual annual average system demand by major customer classes for the most recent five years for which data are available.

(10) If the resource plan deviates from EFSC’s biennial forecast of loads and resources (specifically in the makeup of energy from conservation and renewable resources), the utility shall explain the reasons for the deviation.

(11) A Utility may submit to the Director, in addition to the resource plan, alternate forecasts which are different from EFSC’s biennial forecast, or alternate resource plans to meet an alternate demand forecast or to meet EFSC’s demand forecast with an alternate mix. If the utility makes such a submission, it may describe why the alternate approach is believed more appropriate than that prescribed by EFSC’s forecast. The utility may, at its option, fully describe the methodology, assumptions, and data used to allow the Director to replicate the utility’s submission. If the Director requests additional information regarding the methodology, assumptions, and data used in such submission and the utility declines to provide same, the Director shall not be required to consider such submission.

(12) If any of the requested information in this rule is covered under a different submission to ODOE, such information need not be resubmitted. References to when the information was given to ODOE will be sufficient. If such information was recently submitted to a federal or state agency other than ODOE that filing may be provided to ODOE, provided it substantially complies with the information requested by ODOE.

(13) Where there are significant differences between the resource plan and the plan adopted by the Pacific Northwest Regional Planning Council, such differences will be identified and explained.

[ED. NOTE: Tables referenced are available from the agency.]

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.080
DOE 4-1982, f. & ef. 3-12-82

Or. Admin. R. 330-025-0025 Supplemental Information

The Director may, by letter, require a utility to submit as part of the resource plan supplemental information assessing the effectiveness of resource development efforts, including conservation and renewable resources programs.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.080
DOE 4-1982, f. & ef. 3-12-82

Or. Admin. R. 330-025-0030 Rejection of Deficient Submission

If the resource plan submitted by an electric Utility fails to satisfy requirements of OAR 330-025-0020, the Director shall reject the submission and require the Utility to submit a new plan which remedies the deficiencies. The Director may specify the date by which the resubmission shall be made.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.080
DOE 4-1982, f. & ef. 3-12-82

Or. Admin. R. 330-025-0035 Waiver of Certain Provision

In the event of a demonstration of hardship or inapplicability, the Director may waive compliance with one or more of these provisions.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.030
DOE 4-1982, f. & ef. 3-12-82

Division 30 CONFIDENTIAL TREATMENT OF SECURITY PROGRAM INFORMATION

Or. Admin. R. 330-030-0005 Purpose

The purpose of these rules is to protect the confidentiality of information submitted to the Energy Facility Siting Council and the Oregon Office of Energy regarding security programs for nuclear-fueled power plants, nuclear installations, and the transportation of radioactive materials to and from such facilities, and, to the extent possible, maximize information available to the public regarding the nuclear fuel cycle.

History

Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.490
DOE 2-1996, f. & cert. ef. 7-11-96
DOE 5, f. & ef. 12-23-75

Or. Admin. R. 330-030-0010 Legislative Authority

These rules are promulgated concurrently by the Council and the Director pursuant to their respective rulemaking authorities contained in ORS Chapter 183, 469.040, 469.470, 469.501 to 469.507, 469.530, 469.560 and 192.500, in order to implement their joint responsibility under 469.530.

History

Statutory/Other Authority: ORS 469.040
Statutes/Other Implemented: ORS 469.530
DOE 2-1996, f. & cert. ef. 7-11-96
DOE 2-1985, f. & ef. 1-7-85
DOE 5, f. & ef. 12-23-75

Or. Admin. R. 330-030-0015 Definitions

(1) “Council” means the Energy Facility Siting Council established by ORS 469.450.

(2) “Director” means the Administrator of the Oregon Office of Energy.

(3) “Nuclear Installation” shall have the meaning set forth in ORS 469.300.

(4) “Person” shall have the meaning set forth in ORS 469.300.

(5) “Security Program” means any plan or procedure the primary function of which is to protect nuclear power plants, nuclear installations, transportation and storage of new or irradiated nuclear fuel elements, or transportation and storage of fissile material against any deliberate act which could directly endanger the public health and safety including exposure to radiation, including, but not limited to, the means for:

(a) Controlling entry to the site or portions of the site of fixed installations;

(b) Deterring or discouraging penetrations of sites or carriers by unauthorized persons;

(d) Apprehending in a timely manner unauthorized persons or authorized persons acting in a manner constituting a threat of sabotage or theft;

(e) Providing for appropriate authorities to take custody of violators.

(6) “Fissile Material” means fissile plutonium, uranium-233, and uranium-235 in any combination sufficient to cause (gm Pu/200 gm) + (gm U-233/200 gm) + (gm U-235 (contained in uranium enriched to more than 20% in U-235)/350 gm) to be greater than unity.

(7) “Safeguards Information (SI)” means information which specifically identifies detailed:

(a) Security measures for the protection of special nuclear material; or

(b) Security measures for the physical protection and location of certain plant equipment vital to the safety of production or utilization facilities such as nuclear power plants.

History

Statutory/Other Authority: ORS 469.040
Statutes/Other Implemented: ORS 469.530
DOE 2-1996, f. & cert. ef. 7-11-96
DOE 2-1985, f. & ef. 1-7-85
DOE 5, f. & ef. 12-23-75

Or. Admin. R. 330-030-0020 Confidential Treatment Required

Information submitted by any person pursuant to ORS 469.530 for review and approval by the Council and Director shall, to the extent it falls within the definition of “security program” in OAR 330-030-0015, or Safeguards Information in 330-030-0015, be received and maintained in strict confidentiality. The Council and Director shall take all reasonable precautions to:

(1) Limit the number of persons within the Office of Energy having access to such information; and

(2) Physically safeguard such information.

History

Statutory/Other Authority: ORS 469.040
Statutes/Other Implemented: ORS 469.530
DOE 2-1996, f. & cert. ef. 7-11-96
DOE 2-1985, f. & ef. 1-7-85
DOE 5, f. & ef. 12-23-75

Or. Admin. R. 330-030-0025 Releases of Non-Confidential Information

In reviewing information submitted to them under ORS 469.530, the Council and Director shall jointly determine whether specific portions of such information are not within the definition of “security program” in OAR 330-030-0015, and promptly arrange for the physical segregation and public availability of all information not entitled to confidential treatment.

History

Statutory/Other Authority: ORS 469.040
Statutes/Other Implemented: ORS 469.530
DOE 2-1996, f. & cert. ef. 7-11-96
DOE 2-1985, f. & ef. 1-7-85
DOE 5, f. & ef. 12-23-75

Or. Admin. R. 330-030-0030 Public Statements and Security Programs

(1) Upon completing their review and approval of a security program and modifications to the program, the Council and Director shall promptly issue a joint statement which describes, without directly or indirectly breaching the confidentiality of the security program:

(a) The nature and scope of the review conducted;

(b) The adequacy of the security program; and

(2) In the event of discovery of noncompliance with approved security programs, the Council and Director will issue a joint statement describing the general nature of the noncompliance. However, this statement shall not directly or indirectly breach the confidentiality of the security program.

History

Statutory/Other Authority: ORS 469.040
Statutes/Other Implemented: ORS 469.530
DOE 2-1996, f. & cert. ef. 7-11-96
DOE 5, f. & ef. 12-23-75

Division 40 RULES REGARDING APPLICATIONS TO FORM A JOINT OPERATING AGENCY

Or. Admin. R. 330-040-0005 Purpose

The purpose of these rules is to establish standards to assist the Director in evaluating applications submitted to him for the formation of joint operating agencies.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 8, f. & ef. 3-7-77
DOE 6(Temp), f. & ef. 11-8-76

Or. Admin. R. 330-040-0010 Authority

These rules are adopted by the Director in accordance with ORS Chapter 183, pursuant to authority vested in him by 469.040(1)(d).

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 8, f. & ef. 3-7-77
DOE 6(Temp), f. & ef. 11-8-76

Or. Admin. R. 330-040-0015 Definitions

(1) “Director” shall mean the Director of the Oregon Department of Energy.

(2) “Joint Operating Agency” shall be as defined in ORS 262.005(1)(1975).

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 8, f. & ef. 3-7-77
DOE 6(Temp), f. & ef. 11-8-76

Or. Admin. R. 330-040-0020 Required Information on Reason of Formation

An applicant seeking an order from the Director authorizing formation of a joint operating agency shall, by the submission of factual information, demonstrate:

(1) The specific reasons why the applicant believes it is necessary or desirable to form a joint operating agency.

(2) Activities that the joint operating agency will take to either plan for or provide an adequate supply of electric energy to meet the needs of publicly owned utilities in Oregon.

(3) The time frame within which the identified activities will be undertaken.

(4) In the event that the joint operating agency will not be active in either planning for or providing electric energy immediately following its formation, a statement as to why the Director should authorize formation of a joint operating agency at the present time.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 8, f. & ef. 3-7-77
DOE 6(Temp), f. & ef. 11-8-76

Or. Admin. R. 330-040-0025 Required Information Regarding Adequacy of Financing

(1) The applicant shall provide a proposed budget for the JOA for each of the first five years of its existence, identifying the sources of all funds to be expended.

(2) To the extent that specific projects were identified pursuant to OAR 330-040-0020(2), the applicant shall demonstrate that the JOA either has or will have adequate funds to finance the identified projects.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 8, f. & ef. 3-7-77
DOE 6(Temp), f. & ef. 11-8-76

Division 50 PETROLEUM PRODUCT CONVERSION RATES

Or. Admin. R. 330-050-0005 Purpose

The purpose of this rule is to prescribe the rate which shall be used by petroleum suppliers and by the Department of Energy (DOE) in converting barrels of petroleum products into British thermal units (Btus) of energy in connection with the assessments imposed upon petroleum suppliers by Section 4 of Chapter 813, Oregon Laws 1977.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.030
DOE 13, f. & ef. 12-6-77
DOE 11(Temp), f. & ef. 9-21-77
DOE 9(Temp), f. & ef. 8-5-77

Or. Admin. R. 330-050-0010 Definitions

For purposes of this rule, the following definitions shall apply:

(1) “Barrel” shall mean a volumetric measure equal to 42 gallons.

(2) “Bureau of Mines Publication” shall mean a publication entitled “Mineral Industry Surveys” issued by the Department of Interior, Bureau of Mines, in December 1976.

(3) “Petroleum Products” shall mean only those petroleum products which are subject to assessments under Section 4 of Chapter 813, Oregon Laws 1977. These products include:

(a) Crude petroleum;

(b) Fuel oil (distillate and residual);

(d) Liquefied petroleum gases;

(e) Motor vehicle fuel (when used primarily for agricultural purposes) and

(f) Petroleum coke (when used as fuel in metal processing).

(4) “Petroleum Suppliers” shall have the meaning set forth in Section 4(g) of Chapter 813, Oregon Laws 1977, “those petroleum suppliers who are required to submit forecasts to the department pursuant to subsection (4) of ORS 469.070.”

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.030
DOE 13, f. & ef. 12-6-77
DOE 11(Temp), f. & ef. 9-21-77
DOE 9(Temp), f. & ef. 8-5-77

Or. Admin. R. 330-050-0015 Conversion Rates

For all purposes of Section 4 of Chapter 813, Oregon Laws 1977, petroleum suppliers and the Department of Energy shall use the following rates from the Bureau of Mines Publication for converting barrels of petroleum products into British thermal units of energy:

Type of Product — Btu/Barrel:

(1) Crude Petroleum — 5,800,000;

(2) Distillate Fuel Oil — 5,825,000;

(3) Residual Fuel Oil — 6,287,000;

(4) Kerosene — 5,670,000;

(5) Liquefied Gases — 4,011,000;

(6) Motor Vehicle Fuel (gas) — 5,248,000;

(7) Petroleum Coke — 6,024,000.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.080
DOE 13, f. & ef. 12-6-77
DOE 11(Temp), f. & ef. 9-21-77
DOE 9(Temp), f. & ef. 8-5-77

Division 60 ENERGY CONSERVATION SERVICES

Or. Admin. R. 330-060-0005 Purpose

(1) OAR 330-060-0005 through 330-060-0095 describe qualifying energy conservation measures, the basis for the energy audit, prescribe how fuel oil dealers shall provide energy conservation services to their residential customers as required by ORS 469.673 through 469.679, and prescribe the standards for state financed 6.5 percent interest loans made under Chapter 894, Oregon Laws 1981, as amended by Chapter 749, Oregon Laws 1987, and Chapter 718, Oregon Laws 1991.

(2) These rules are effective September 1, 2007 or upon filing with the Secretary of State, whichever is later and shall apply to energy conservation measure rebate applications postmarked on or after the effective date of these rules.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.673
DOE 2-2007, f. 8-29-07, cert. ef. 9-1-07
DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04
DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03
DOE 1-2000, f. 3-30-00, cert. ef. 4-1-00
DOE 3-1987, f. & ef. 12-18-87
DOE 4-1983, f. & ef. 10-10-83
DOE 7-1981, f. & ef. 12-18-81
DOE 13-1980, f. 12-15-80, ef. 1-1-81
DOE 8-1979, f. & ef. 11-29-79
DOE 1-1978, f. & ef. 1-16-78
DOE 10(Temp), f. & ef. 9-16-77

Or. Admin. R. 330-060-0010 Definitions

As used in OAR 330-060-0005 through 330-060-0095, unless the context requires otherwise:

(1) "Annual Rate": The yearly interest rate specified on the note. This is not the annual percentage rate, if any, disclosed to the applicant under the federal Truth in Lending Act.

(2) "ASHRAE": American Society of Heating, Refrigeration, and Air Conditioning Engineers.

(3) "Auditor": The person who gathers information at the dwelling to complete a report recommending energy conservation measures consistent with the standards set in these rules and the energy conservation measures specifications.

(4) "Buffer Space": An enclosed but unheated space such as a garage, porch, unheated basement, crawl space or attic, which abuts a heated space.

(5) "Commercial Energy Auditor": A person who through training or experience has a general knowledge of heat transfer principles, construction practices, energy efficient operations and maintenance procedures, boiler and furnace efficiency improvements, infiltration controls, envelope weatherization, heating, ventilating and air conditioning systems, electric control systems, lighting systems, and solar and energy conservation measures.

(6) "Commercial Energy Audit": The service provided by a commercial energy auditor to the owner of an apartment building which is centrally heated. It includes on-site data gathering, energy use analysis, and a report to the owner recommending energy conservation measures.

(7) "Cost-Effective": The present value of energy saved over the life of an energy conservation measure is worth more than the measure's cost. However, the energy savings of a measure shall receive a 10 percent "bonus".

(8) "Customer": A residential customer or dwelling owner.

(9) "Dealer": Fuel oil dealer or any person or organization which supplies fuel oil at retail for the heating of dwellings.

(10) “Director”: The Director of the Oregon Department of Energy.

(11) "Dwelling": Real or personal property in Oregon which is the principal residence of the owner or a tenant. "Dwelling" includes a mobile home as defined in ORS 446.003, a floating home as defined in ORS 488.705 and a single unit in an apartment building. "Dwelling" does not include a recreational vehicle as defined in ORS 446.003.

(12) "Dwelling Owner": The person who has legal title to a dwelling, including the mortgagor under a mortgage, the trustor under a deed of trust, or a purchaser under a contract.

(13) "Energy Audit" means a written report completed to recommend energy conservation measures consistent with the standards set in these rules and the energy conservation measures specifications.

(14) "Energy Conservation Measures": Items that are primarily designed to improve the energy efficiency of a dwelling:

(a) In the case of dwellings not receiving a commercial energy audit, these measures are limited to:

(A) Caulking, weatherstripping and other prescriptive actions to seal the heated space and ducts in a dwelling;

(B) Insulation of ceilings or attics to R-38 if achievable in areas with R-19 or less, including insulation installed on flat roofs (but excluding any fire or weatherproofing or roofing materials installed over the insulation) and associated ventilation;

(C) Fill the wall cavity with insulation. If area has unfinished walls adjacent to unheated areas, fill the wall cavity to R-21, if achievable. In areas that have finished walls with no insulation that are adjacent to unheated areas, fill to R-13, if achievable.

(D) Insulation of floors over unheated spaces to fill framing cavity or achieve R-30 if achievable in areas where no insulation is present, and materials to support the insulation and needed ground cover and ventilation;

(E) Insulation of supply and return air ducts in unheated spaces to at least R-8 if achievable and no insulation is present and the ducts are in unheated areas;

(F) Insulation of water heaters, water pipes, or steam pipes in unheated spaces and for at least ten feet from the water heater in unheated areas to at least R-3 if achievable and no insulation is present;

(G) Double glazed windows (including sliding doors) with a U-value of at least 0.35 or lower replacing less energy efficient windows.

(H) Storm doors covering uninsulated exterior doors;

(J) Storm windows over single pane glass windows on an exception basis when double glazed windows are not a practical option;

(K) Insulated exterior doors with an U-value no higher than 0.20.

(L) Replacement fuel oil burners, including electrical controls and combustion chamber improvements when needed, which increase combustion efficiency of oil furnaces or boilers. A replacement burner must have a tested steady state efficiency of at least 80 percent and be replacing a burner that is more than 10 years old or is in a heating systems with a tested steady state efficiency of 70 percent or less;

(M) Fuel oil furnaces or boilers with tested steady state efficiency of at least 81 percent replacing a fuel oil heating system that is more than 20 years old or has a steady-state efficiency of 70 percent or less or as otherwise authorized by the Oregon Department of Energy;

(N) Installation of above-ground oil tanks to replace use of underground oil tanks and associated fuel lines shall qualify, but only if associated with the replacement of the oil furnace qualifying for a rebate. Any costs associated with the decommissioning, removal, or environmental cleanup of an underground fuel tank are excluded;

(O) Programmable thermostats;

(P) Blower door tests and blower door assisted whole house air sealing performed by a technician certified by the Oregon Department of Energy's Residential Energy Tax Credit duct sealing technician certification program;

(Q) Duct leakage tests and duct sealing performed by a technician certified by the Oregon Department of Energy’s Residential Energy Tax Credit technician certification program in accordance with the Oregon Department of Energy’s premium efficiency duct system standards in effect at the time the work is completed.

(R) Vapor barrier material, exhaust fans and venting to provide spot ventilation in kitchens, bathrooms, utility rooms, or other areas where as the result of installing recommended energy conservation measures moisture problems could be created or worsened.

(b) In the case of centrally-heated apartment buildings receiving a commercial energy audit, measures shall be primarily designed to reduce fuel oil use. In addition to measures listed in subsection (a) of this section, the measures may include but not be limited to:

(A) Automatic energy control systems;

(B) Equipment, associated with such control systems, which is needed to run variable steam, hydraulic and ventilating systems;

(C) Furnace or boiler plant and distribution system modifications. This includes devices for modifying flue openings which will increase the efficiency of the heating system; or

(D) Lighting system improvements.

(15) "Energy Conservation Measures Specifications": All energy conservation measures shall meet the installation provisions of the Oregon Department of Energy's Energy Conservation Measure Specifications. All heating system improvements shall meet the steady state efficiency requirements of these rules. All blower door assisted whole house air sealing and duct sealing measures shall meet the specifications of the Oregon Department of Energy's Residential Energy Tax Credit technician certification program.

(16) "Finance Charge ": The total of all interest, loan fees, and other charges related to the cost of obtaining credit. This includes any interest on any loan fees financed by the lender.

(17) "Fuel Oil": Any petroleum product sold by a petroleum supplier for use as a residential heating fuel, including heating oil, propane, butane and kerosene.

(18) "Landlord": A dwelling owner who rents his or her dwelling to a tenant.

(19) "Lender": Any bank, mortgage company, trust company, savings and loan, or credit union having an office in Oregon.

(20) "Lighting system improvements": Measures which will reduce energy use in the lighting system by at least 25 percent if recommended in the commercial energy audit.

(21) “Oregon Department of Energy”: State of Oregon agency

(22) "Residential Customer": A dwelling owner or tenant who is billed by a dealer for fuel oil received at the dwelling.

(23) "Space-Heating": The heating of living space within a dwelling.

(24) "State Incentive": The energy conservation measure rebate or any other state incentive which gives a customer a cash payment for an energy conservation measure.

(25) "Tenant": A tenant as defined in ORS 91.100 or any other tenant.

(26) "Trade Ally": means a contractor licensed in the State of Oregon to install energy conservation measures.

(27) "Unheated Space": An area in a dwelling which is not connected to a heating system fueled by fuel oil or wood.

(28) "Wood Heating Resident": A person whose primary space heating fuel is any form of wood, including sawdust:

(a) In the case of a dwelling which has an installed central electric or gas heating system the customer is eligible for rebate and loan financing under this program if not eligible for such financial assistance from the utility; or

(b) In the case of a dwelling which has baseboard or portable space heaters, the customer is eligible for rebate and loan financing under this program if not eligible for such financial assistance from the utility.

(c) In the case of a dwelling that has no installed heating system other than wood, the customer is eligible for rebate and loan financing under this program.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.673
DOE 2-2007, f. 8-29-07, cert. ef. 9-1-07
DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04
DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03
DOE 1-2000, f. 3-30-00, cert. ef. 4-1-00
DOE 3-1987, f. & ef. 12-18-87
DOE 4-1983, f. & ef. 10-10-83
DOE 7-1981, f. & ef. 12-18-81
DOE 13-1980, f. 12-15-80, ef. 1-1-81
DOE 8-1979, f. & ef. 11-27-79
DOE 1-1978, f. & ef. 1-16-78
DOE 10(Temp), f. & ef. 9-16-77

Or. Admin. R. 330-060-0015 Description of Residential Energy Conservation Program

As defined in ORS 469.673 through 469.679, each dealer shall establish an energy conservation services program and shall provide energy conservation information to customers and to the public. A dealer may rely upon the services contracted for by the Director pursuant to 469.677, instead of presenting a separate program, or complete the energy audits as a trade ally, as provided in these rules.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.673
DOE 2-2007, f. 8-29-07, cert. ef. 9-1-07
DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04
DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03
DOE 1-2000, f. 3-30-00, cert. ef. 4-1-00
DOE 3-1987, f. & ef. 12-18-87
DOE 4-1983, f. & ef. 10-10-83
DOE 7-1981, f. & ef. 12-18-81
DOE 13-1980, f. 12-15-80, ef. 1-1-81
DOE 8-1979, f. & ef. 11-27-79
DOE 1-1978, f. & ef. 1-16-78
DOE 10(Temp), f. & ef. 9-16-77

Or. Admin. R. 330-060-0020 Reliance on the Statewide Fuel Oil Audit Program

(1) The Director shall contract for a statewide energy audit program to give the information, help and technical advice required of dealers by ORS 469.675.

(2) A dealer who relies on the statewide energy audit program may, however:

(a) Notify its customers about this program, including a toll-free number to request information; or

(b) Act as a contact between its customers and the statewide energy audit program. Such a dealer may pass on its customers' requests for information to the statewide energy audit contractor chosen by the Oregon Department of Energy.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.675
DOE 2-2007, f. 8-29-07, cert. ef. 9-1-07
DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04
DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03
DOE 1-2000, f. 3-30-00, cert. ef. 4-1-00
DOE 3-1987, f. & ef. 12-18-87
DOE 4-1983, f. & ef. 10-10-83
DOE 7-1981, f. & ef. 12-18-81
DOE 13-1980, f. 12-15-80, ef. 1-1-81
DOE 8-1979, f. & ef. 11-27-79
DOE 1-1978, f. & ef. 1-16-78
DOE 10(Temp), f. & ef. 9-16-77

Or. Admin. R. 330-060-0040 Low-Interest Loans Through Lenders

(1) State financed 6.5 percent interest loans made under Chapter 894, Oregon Laws 1981, as amended by Chapter 749, Oregon Laws 1987, and Chapter 718, Oregon Laws 1991, shall meet the following standards:

(a) A loan shall be made only to a dwelling owner who is or who rents to a residential fuel oil customer or a wood heating resident;

(b) Only energy conservation measures recommended as cost-effective in the energy audit, recommended adjuncts to those measures, and any loan fee that is included in the body of the loan shall qualify for the loans;

(c) The maximum loan limit, including the loan fee, is $5,000 for each eligible dwelling unit. If the dwelling owner is a corporation operating a non-profit home for the elderly, a loan shall not exceed $2,000 per dwelling unit;

(d) A lender may charge, finance, and collect a nonrefundable front-end loan fee. Charging such a loan fee will not disqualify the loan for a tax credit under this section. The fee shall not exceed that charged by the lender for non-subsidized loans made under like terms and conditions at the time the subject loan is made;

(e) There is no limit on the number of eligible dwelling units for which a dwelling owner may receive a loan;

(f) Loans shall not finance the following:

(A) Converting space heat equipment from oil or wood to another source of fuel;

(B) Space heating heat pumps;

(D) Wood-burning devices;

(E) Any measure that would benefit all or part of a non-residential commercial building unless the building has some residential living space. In the case of a commercial building which has some residential living space the following can qualify for a loan:

(i) That part of the building used exclusively for residential; and

(ii) In a centrally heated building, a prorated share of the cost of a heating system. This share shall be based on the percentage of residential to total square footage served by the heating system.

EXAMPLE: 1,000 square feet is commercial, 2,000 square feet is residential — 2/3 of the cost of an eligible heating system could qualify for the loan.

(F) Solar equipment;

(G) Any materials used in building a new dwelling, additions to dwellings or remodeling which adds living space;

(H) That part of the cost of the measures for which the dwelling owner receives a state cash incentive.

(g) The costs of materials for "do-it-yourself" jobs may be included in the loan. No labor costs of such jobs shall qualify for the loan.

(2) In order to qualify for a loan, the dwelling owner must submit to the Oregon Department of Energy written permission to inspect the job to verify that the measures have been installed.

(3) In applying for the loan, a dwelling owner shall present to the lender:

(a) For contractor-installed measures, at least one written bid itemizing measures to be included in the loan and their costs. The Oregon Department of Energy may require that contractors use bid forms provided by the Oregon Department of Energy; and

(b) For "do-it-yourself" measures, an itemized list of materials to be installed and their costs.

(4) Lenders may receive a state tax credit in accord with Section 28, Chapter 894, Oregon Laws 1981 as amended by Chapter 749, Oregon Laws 1987, and Chapter 718, Oregon Laws 1991. This applies only to loans which:

(a) Are made to dwelling owners who are or who rent to residential fuel oil customers or wood heating residents and who:

(A) Have received an energy audit completed pursuant to these rules; and

(B) Give the lender a copy of:

(i) The results of the energy audit;

(ii) Certification on a form supplied by the Oregon Department of Energy stating that the dwelling receives space heating from fuel oil or wood; and

(iii) For a furnace or burner replacement, a certification from the contractor on a form supplied by the Oregon Department of Energy that the heating system meets or exceeds the combustion efficiency standards set in these rules.

(iv) Written permission on a form supplied by and submitted to the Oregon Department of Energy to inspect.

(b) Are subject to an annual rate not to exceed 6.5 percent;

(d) Finance those measures recommended in the energy audit.

(5) Lenders making weatherization loans under Section 28, Chapter 894, Oregon Laws 1981, as amended by Chapter 749, Oregon Laws 1987, and Chapter 718, Oregon Laws 1991, shall:

(a) Keep a copy of the customer's energy audit and the certification that the heating system meets or exceeds the combustion efficiency standards set in these rules, as well as the customer's loan application;

(b) Help the customer fill in a form, given to the customer during the energy audit, stating what measures will be included in the loan; and

(c) Return that form and the heating system certification to the Oregon Department of Energy no later than one week after the loan is closed. (This is the lender's only reporting requirement to the Oregon Department of Energy.)

(6) Eligibility of the lender for any tax credit under Section 28, Chapter 894, Oregon Laws 1981, as amended by Chapter 749, Oregon Laws 1987, and Chapter 718, Oregon Laws 1991, shall not be affected by any dwelling owner's failure to use the loan for qualifying measures.

(7) The borrower must complete installation of the measures financed within 90 days of receiving the loan funds.

History

Statutory/Other Authority: ORS 469.040 & 469.165
Statutes/Other Implemented: ORS 469.170
DOE 2-2007, f. 8-29-07, cert. ef. 9-1-07
DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04
DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03
DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01
DOE 1-2000, f. 3-30-00, cert. ef. 4-1-00
DOE 2-1991, f. & cert. ef. 10-14-91
DOE 3-1987, f. & ef. 12-18-87
DOE 4-1983, f. & ef. 10-10-83
DOE 7-1981, f. & ef. 12-18-81
DOE 13-1980, f. 12-15-80, ef. 1-1-81
DOE 8-1979, f. & ef. 11-27-79
DOE 1-1978, f. & ef. 1-16-78
DOE 10(Temp), f. & ef. 9-16-77

Or. Admin. R. 330-060-0060 Oil Audit Standards: General Description of Oil-Heated Dwellings Energy Audit

(1) The energy audit shall provide a basis to determine which energy conservation measures are recommended as described in OAR 330-060-0010(14).

(2) The energy audit shall also provide information published by the Oregon Department of Energy about no-cost/low-cost energy-saving practices, about energy conservation measures, and financial incentives available to help pay for the costs of installing those measures.

(3) The Administrator may approve the use of other audit methodologies, including allowing customers or trade allies to use a form developed by the Oregon Department of Energy, if the Administrator determines that such alternate methodologies will provide the customer with results comparable to those achieved using the audit methodology prescribed by these rules.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.675
DOE 2-2007, f. 8-29-07, cert. ef. 9-1-07
DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04
DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03
DOE 1-2000, f. 3-30-00, cert. ef. 4-1-00
DOE 3-1987, f. & ef. 12-18-87
DOE 7-1981, f. & ef. 12-18-81

Or. Admin. R. 330-060-0070 Oil Audit Standards: Calculation Procedures

(1) The energy savings from energy conservation measures shall be calculated by the Oregon Department of Energy.

(2) The Oregon Department of Energy may approve use of alternate energy savings calculations, if the calculations and the methodology supporting those calculations are submitted to the Oregon Department of Energy for its review and approval.

History

Statutory/Other Authority: ORS 469.040 & 469.165
Statutes/Other Implemented: ORS 469.675
DOE 2-2007, f. 8-29-07, cert. ef. 9-1-07
DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04
DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03
DOE 1-2000, f. 3-30-00, cert. ef. 4-1-00
DOE 2-1991, f. & cert. ef. 10-14-91
DOE 3-1987, f. & ef. 12-18-87
DOE 4-1983, f. & ef. 10-10-83
DOE 7-1981, f. & ef. 12-18-81

Or. Admin. R. 330-060-0075 Oil Audit Standards: Calculation of Cost Effectiveness

(1) The cost-effectiveness of energy conservation measures shall be calculated by the Oregon Department of Energy.

(2) The Oregon Department of Energy may approve use of alternate cost-effectiveness calculations, if the calculations and the methodology supporting those calculations are submitted to the Oregon Department of Energy for its review and approval.

(3) The measure is "cost-effective" if its cost is less than 110 percent of the present value of the cost of fuel oil saved over its assumed life cycle.

(4) The Oregon Department of Energy must approve all measures that are presumed to be cost-effective. These measures may include items which alone may not save energy but are needed to make recommended energy measures work effectively.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.675
DOE 2-2007, f. 8-29-07, cert. ef. 9-1-07
DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04
DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03
DOE 3-1987, f. & ef. 12-18-87
DOE 4-1983, f. & ef. 10-10-83
DOE 7-1981, f. & ef. 12-18-81

Or. Admin. R. 330-060-0090 Oil Audit Standards: Auditor Qualifications

The person performing the energy audit must be able to determine whether the applicable energy conservations measures meet the standards set forth in these rules and the specifications and to be able to effectively communicate recommendations to the customer.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.675
DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04
DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03
DOE 1-2000, f. 3-30-00, cert. ef. 4-1-00
DOE 3-1987, f. & ef. 12-18-87
DOE 7-1981, f. & ef. 12-18-81

Or. Admin. R. 330-060-0095 Post-Installation Inspections

(1) The Oregon Department of Energy may inspect energy conservation measures:

(a) The Oregon Department of Energy may inspect energy conservation measures installed by customers receiving a cash payment or loan for those measures;

(b) The Oregon Department of Energy may inspect installed measures at the customer's request if those measures qualify for a cash payment or loan;

(c) The Oregon Department of Energy may require an inspection at the time of the audit if any energy conservation measures qualifying for the cash payment or loan were installed before the audit is completed.

(d) The Oregon Department of Energy may require an inspection before disbursing cash payments.

(2) The inspection shall verify that:

(a) Measures included in the loan or other incentive were installed; and

(b) Workmanship and materials meet industry standards. Installation standards and inspection forms shall be approved by the Oregon Department of Energy. All measures installed shall meet the energy conservation measure specifications. Local codes shall prevail in all cases.

(3) The results of the inspection shall be promptly reported to:

(a) The customer; and

(b) The Oregon Department of Energy.

(4) Inspectors shall have no financial or other interest in the firm that installed the measure(s) inspected.

(5) An inspector shall be able to determine whether the applicable energy conservation measures meet the standards set forth in these rules and specifications.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.675
DOE 2-2007, f. 8-29-07, cert. ef. 9-1-07
DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04
DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03
DOE 1-2000, f. 3-30-00, cert. ef. 4-1-00
DOE 4-1983, f. & ef. 10-10-83
DOE 7-1981, f. & ef. 12-18-81

Division 62 ENERGY CONSERVATION STANDARD FOR EXISTING DWELLINGS

Or. Admin. R. 330-062-0005 Advisory Residential Energy Conservation Standards for Existing Dwellings Scope

(1) The purpose of OAR 330-062-0015 through 330-062-0025, pursuant to ORS 469.155, is to establish statewide advisory energy conservation standards for weatherization measures installed voluntarily in existing dwellings.

(2) OAR 330-062-0010 through 330-062-0025 addresses only building component improvements because these improvements are relatively permanent and tend to remain effective throughout the life of the dwelling, regardless of changes in occupancy.

History

Statutory/Other Authority: ORS 407, 469 & 470
Statutes/Other Implemented: ORS 469
DOE 9-1982, f. & ef. 7-1-82

Or. Admin. R. 330-062-0010 Definitions

As used in OAR 330-062-0010 through 330-062-0045:

(1) “Conditioned Spaces” shall mean areas within a dwelling’s thermal envelope which are heated, cooled, or ventilated by the dwelling’s heating, ventilating and air conditioning (HVAC) equipment.

(2) “Dwelling” shall mean real or personal property within the state inhabited as the principal residence of a dwelling owner or a tenant. “Dwelling” includes a mobile home as defined in ORS 446.003, a floating home as defined in 488.705 and a single unit in multiple-unit residential housing. “Dwelling” does not include a recreational vehicle as defined in 446.003.

(3) “Economically Feasible” shall mean that the present value to the resident of the conventional energy saved by weatherization is not less than the installed cost of the measure. Present value is calculated using the value of the first year energy savings discounted at three percent (the difference between a five percent real discount rate and a two percent real escalation rate for fuel) over the useful life of the weatherization measure.

(4) “Energy Audit” shall mean:

(a) The calculation and analysis of the heat loss and energy use efficiency of a dwelling; and

(b) An analysis of the energy savings and dollar savings potential that would result from providing weatherization in the dwelling; and

(A) Labor for the installation of items designed to improve the space heating and energy use efficiency of the dwelling; and

(B) The items installed.

(5) “Energy Conservation Standards” shall mean standards for the efficient use of energy for space and water heating in a dwelling. Energy conservation standards address weatherization of existing dwellings.

(6) “Resident” shall mean the owner or tenant occupying a dwelling as their principal residence.

(7) “Thermal Envelope” shall mean the elements of a dwelling which enclose conditioned spaces and through which heat may be transferred to or from the exterior of such a dwelling.

(8) “Weatherization” shall mean measures which reduce a dwelling’s heat exchange with its external environment. Weatherization measures are those measures in OAR 330-062-0025.

History

Statutory/Other Authority: ORS 407, 469 & 470
Statutes/Other Implemented: ORS 469
DOE 9-1982, f. & ef. 7-1-82

Or. Admin. R. 330-062-0015 Audit Recommendation

(1) Before the installation of weatherization measures, each dwelling should receive an energy audit to determine its current energy use characteristics and to determine which weatherization measures are appropriate. For each appropriate measure, the audit should indicate the estimated installation cost and the amount of incentive financing, if any, that is available.

(2) A follow-up energy audit should be performed whenever there is a change in occupancy for a previously audited dwelling which has not been audited within the preceding five years. Follow-up audits should provide new residents with up-to-date information on the energy efficiency of their home and recommendations for further weatherization improvements.

(3) Each weatherization measure which is recommended for installation by an energy audit should be installed at the level indicated in rule 330-062-0025, unless that measure is restricted to a lesser level by structural limitations or accessibility.

History

Statutory/Other Authority: ORS 407, 469 & 470
Statutes/Other Implemented: ORS 469
DOE 9-1982, f. & ef. 7-1-82

Or. Admin. R. 330-062-0020 Recommendation Criteria

(1) OAR 330-062-0025 recommends measures at levels which are achievable with commonly available materials and material sizes.

(2) OAR 330-062-0025 recommends weatherization measures at levels which are estimated by the Oregon Department of energy to be economically feasible. The energy savings used to determine whether the weatherization measure is economically feasible is the calculated difference between a dwelling’s annual energy requirement with the measure installed and its annual energy requirement without the measure, using calculation methods described in the 1981 American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) Handbook of Fundamentals and the 1980 ASHRAE Systems Handbook.

(3) For the purpose of developing OAR 330-062-0025, the energy savings estimate for each recommended weatherization measure was calculated independently of the savings attributed to other recommended measures the actual savings realized from the installation of several measures, therefore, may be less than the sum of the calculated individual savings for each measure.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 407, 469 & 470
Statutes/Other Implemented: ORS 469
DOE 9-1982, f. & ef. 7-1-82

Or. Admin. R. 330-062-0025 Advisory Energy Conservation Standards

(1) As used in OAR 330-062-0005 through 330-062-0045, weatherization measures for thermal envelopes are:

(a) For ceilings adjacent to unconditioned spaces or to the exterior:

(A) To reduce heat loss due to air leaks through ceiling to unheated spaces or to the exterior:

(i) Caulking or other sealing material should be added to all gaps around ceiling penetrations6, and weatherstripping should be added to attic access doors; and

(ii) Cover plate gaskets should be added to all electrical outlets in interior walls; and

(B) To prevent moisture condensation: Adequate ventilation should be provided above insulation; and

(i) If no existing insulation: R-3813, insulation should be added with a vapor barrier of .5 perm or less on warm (ceiling) side of insulation; or

(ii) If existing insulation is R-11: R-3013, unfaced insulation should be added; or

(iii) If existing insulation is R-19 or more: Additional insulation probably is not economically feasible.

(b) For floors adjacent to unconditioned spaces5:

(A) To prevent moisture condensation:

(i) Adequate ventilation should be provided below insulation; and

(ii) A 6 mil polyethelene or equivalent ground cover overlapped at all seams should be added in a crawl space; and

(B) To reduce heat loss due to thermal conduction:

(i) If no existing insulation: R-1912 insulation should be added with a vapor barrier of 1 perm or less on the warm (floor) side of the insulation; or

(ii) If existing insulation is R-11: R-1112 insulation should be added.

(c) For concrete floor slabs on grade to prevent heat loss due to thermal conduction: If no existing insulation: R-41 insulation should be added around the perimeter of the slab to a depth of two feet below grade.

(d) For walls adjacent to exterior or unconditioned spaces:

(A) To prevent heat loss due to air leaks through walls adjacent to the exterior or to unheated spaces:

(i) Caulking or other sealing material should be added outside and inside to all gaps and holes at wall penetrations6; and

(ii) Cover plate gaskets should be added to all electrical outlets in walls6; and

(B) To reduce heat loss due to thermal conduction:

(i) If existing wall is standard studwall construction without insulation in wall cavity: R-1138 insulation should be injected into wall cavity; or

(ii) If existing wall is an uninsulated knee wall adjacent to accessible unconditioned rafter space: R-111 insulation should be added to the unheated side of the knee wall with a vapor barrier of 1 perm or less on the warm (wall) side of the insulation.

(e) For windows and sliding glass doors:

(A) To prevent heat loss due to air leaks through windows and frames:

(i) Caulking should be added outside and inside to gaps and joints around glazing, stationary sash, and frames6; and

(ii) Weatherstripping should be added around all operable sash6; and

(B) To reduce heat loss due to thermal conduction: If existing prime window is single-glassed, jalousie, or sashless sliding:

(i) Tight fitting storm windows should be added; or

(ii) Existing glazing should be replaced with double-pane insulating glass4 set in tight fitting sash.

(f) For exterior doors:

(A) To prevent heat loss due to air leaks around doors and door frames:

(i) Caulking should be added outside and inside around frame6; and

(ii) Weatherstripping and a draftproof threshold should be added around door; and

(B) To reduce heat loss due to thermal conduction: If existing prime door is uninsulated: A tight fitting storm door should be added to the existing prime door.

(2) As used in OAR 330-062-0005 through 330-062-0045, weatherization measures for HVAC systems are:

(a) For space heating and cooling system controls to reduce heat loss due to unnecessary operation of heating equipment during sleeping hours or periods when the house is unoccupied: A timed setback space heating and cooling control thermostat should be added9.

(b) For forced air heating ducts in unconditioned spaces:

(A) To prevent heat loss due to air leaks from ducts: Caulking or duct tape should be added to all accessible duct seams where air leaks can occur; and

(B) To reduce heat loss due to thermal conduction: R-111 insulating wrap should be added to all accessible ducting.

(c) For steam or hydronic heating system pipes in unconditioned spaces to reduce heat loss due to thermal conduction: R-41 insulating wrap should be added to all accessible steam or hydronic system piping.

(3) As used in OAR 330-062-0005 through 330-062-0045, weatherization measures for domestic water heating systems are:

(a) For a water heater tank in conditioned or unconditioned spaces to reduce heat loss due to thermal conduction: The water heater thermostat(s) should be set back to 120–140° F.6; and

(A) If existing water heater is electric:

(i) R-111 insulating wrap should be added to sides and top of tank leaving thermostat access panel(s), drain valve, pressure relief valve, and electrical service entry panel uncovered6; and

(ii) Styrofoam or equivalent rigid insulating pad should be added between the bottom of the tank and the floor if the tank rests directly on a concrete or masonry floor7; or

(B) If existing water heater is gas- or oil-fired: R-111 insulating wrap should be added to sides and top of tank leaving the flue and the area around it, air inlets, controls, drain valve, and pressure relief valve uncovered. On oil-fired water heaters also leave the bottom 1/3 of the tank and the high-limit switch uncovered6.

(b) For hot water pipes in conditioned and unconditioned spaces: R-31 insulating wrap should be added to all accessible water pipes (including cold water pipes in unconditioned spaces to prevent pipe damage due to freezing).

Footnotes:

Higher levels of insulation may be economically feasible. An energy audit may be useful in determining the advisability of using insulation levels greater than this recommended level.
Installation of retrofit insulation below existing insulation and insulation levels above R-19, may require special materials or installation techniques.
The addition of retrofit insulation to the ceiling or walls of mobile homes can be expensive and, therefore, is generally not feasible.
Triple-pane insulating glass may be economically feasible for your home but it is not yet widely available in Oregon.
Skirtings with ventilation should be added around the base of mobile homes to prevent excessive drafts.
For “how-to” suggestions please refer to low-Cost Energy Savers for Oregon Homes, available from the Oregon agency, 1-800-452-7813.
When adding an insulating pad between a water heater tank and the floor, be certain not to create leaks by overstressing rigid plumbing connections to the water heater.
Use of ureaformaldehyde foam for insulation in residential applications has been banned by the Federal Consumer Product Safety Commission.
Timed setback thermostats are not recommended for households that conscientiously practice manual thermostat setback. In such cases times setback thermostats may not pay for themselves and in fact may be less effective in saving energy.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 407, 469 & 470
Statutes/Other Implemented: ORS 469.155
DOE 9-1982, f. & ef. 7-1-82

Or. Admin. R. 330-062-0030 Mandatory Energy Conservation Standards for Weatherizing Dwellings Under the Small Scale Local Energy Project Loan Fund Purpose

The purpose of OAR 330-062-0035, pursuant to ORS 470.090 is to establish mandatory energy conservation standards for weatherization of dwellings constructed before January 1, 1979 which will be served by space heating projects financed through the Small Scale Local Energy Project Loan Fund.

History

Statutory/Other Authority: ORS 407, 469 & 470
Statutes/Other Implemented: ORS 470.080
DOE 9-1982, f. & ef. 7-1-82

Or. Admin. R. 330-062-0035 Weatherization Standards for Small Scale Local Energy Project Loans

In OAR 330-062-0025, as it applies to mandatory weathrization for approval of Small Scale Local Energy Project loans for residential space heating projects, the word “shall” will be substituted throughout for the word “should.” Applicants for Small Scale Local Energy Project Loans who are subject to this rule may be exempted from compliance with any weatherization measure in OAR 330-062-0025 which can be demonstrated to create a potentially hazardous condition or which is determined not to be economically feasible for the applicant’s particular project.

History

Statutory/Other Authority: ORS 407, 469 & 470
Statutes/Other Implemented: ORS 470.080
DOE 9-1982, f. & ef. 7-1-82

Or. Admin. R. 330-062-0040 Mandatory Weatherization Standards for Oregon Department of Veterans' Affairs Home Loans Purpose

The purpose of OAR 330-062-0045, pursuant to ORS 407.055, is to adopt mandatory minimum weatherization standards for approval of loans by the Oregon Department of Veterans’ Affairs on Homes constructed before July 1, 1974, as defined in ORS 407.010.

History

Statutory/Other Authority: ORS 407, 469 & 470
Statutes/Other Implemented: ORS 407.055
DOE 9-1982, f. & ef. 7-1-82

Or. Admin. R. 330-062-0045 Oregon Department of Veterans’ Affairs Minimum Weatherization Standards

(1) The Director of the Oregon Department of Energy finds that as of July 1, 1982, the current minimum weatherization standards for approval of a loan by the Oregon Department of Veterans’ Affairs (Department of Commerce OAR 814-005-0005 through 814-005-0030) are compatible with the Advisory Energy Conservation Standards adopted July 1, 1982, under 330-062-0005 through 330-062-0025.

(2) The Director of the Oregon Department of Energy, therefore, adopts the existing Oregon Department of Commerce standards, OAR 814-005-0005 through 814-005-0030, as Minimum Weatherization Standards for the approval of loans by the Oregon Department of Veterans’ Affairs on homes as defined in ORS 407.010, constructed before July 1, 1974. Rule 330-062-0035 shall be reviewed when advisory energy conservation standards, OAR 330-062-0025, are revised by the Director or when the Oregon Department of Commerce minimum weatherization standards 814-005-0005 through 814-005-0030 are revised.

History

Statutory/Other Authority: ORS 407, 469 & 470
Statutes/Other Implemented: ORS 407.055
DOE 9-1982, f. & ef. 7-1-82

Division 63 VOLUNTARY BUILDING ENERGY PERFORMANCE SCORE SYSTEMS

Or. Admin. R. 330-063-0000 Purpose and Scope

These rules establish requirements of using a voluntary energy performance score system for the purpose of evaluating:

(1) Energy conservation and energy efficiency of new and existing residential buildings in Oregon; and

(2) Energy use in new and existing commercial buildings in Oregon.

History

Statutory/Other Authority: 2009 OL Ch. 750 (SB 79), ORS 469.703 & 469.040
Statutes/Other Implemented: 2009 OL Ch. 750 & ORS 469.703
DOE 5-2014, f. 6-30-14, cert. ef. 7-1-14
DOE 6-2010, f. & cert. ef. 7-1-10

Or. Admin. R. 330-063-0010 Definitions

For the purposes of these rules, unless otherwise specified, the following definitions shall apply:

(1) “Asset rating” means a representation of the building’s energy efficiency or energy use generated by modeling under standardized weather and occupancy conditions.

(2) “Building” means any enclosed structure created for permanent use as a residence, a place of business, or any other activities whether commercial or noncommercial in character.

(3) “Building energy assessment” means a determination of a building’s energy use and energy efficiency by analyzing the building’s physical systems and assuming certain operational characteristics.

(4) “Commercial building” means a structure of which more than 50 percent of usable square footage is used or intended for use in the exchange, sale, or storage of goods, or the provision of services.

(5) “Department” means the State Department of Energy created under ORS 469.030.

(6) “Director” means the Director of the State Department of Energy appointed under ORS 469.040.

(7) “Energy performance score system” means a technical and administrative framework for producing and reporting metrics that describe the energy consumption, generation and efficiency of a building.

(8) “Home” means a residential building.

(9) “Home energy assessor” has the meaning given that term in ORS 701.527.

(10) “Home energy performance score” has the meaning given that term in ORS 701.527.

(11) “Home energy performance score system” means an energy performance score system designed and used for residential buildings and which meets the requirements of OAR 330-063-0015(1).

(12) “Operational rating” means a representation of a building’s energy use generated by measuring actual energy consumption taking into consideration all physical systems and their operation.

(13) “Physical systems” means any energy-consuming equipment integrated in the building design, function or operation.

(14) “Residential building” has the same meaning as “residential structure” as defined in ORS 701.005.

(15) “Oregon’s Home Energy Performance Score Standard” means a standard that meets all requirements in 330-063-0015.

History

Statutory/Other Authority: 2009 OL Ch. 750 (SB 79), ORS 469.703 & 469.040
Statutes/Other Implemented: 2009 OL Ch. 750 & 469.703
DOE 6-2016, f. & cert. ef. 12-21-16
DOE 5-2014, f. 6-30-14, cert. ef. 7-1-14
DOE 6-2010, f. & cert. ef. 7-1-10

Or. Admin. R. 330-063-0015 Home Energy Performance Score System Requirements

(1) A home energy performance score system must:

(a) Generate a home energy performance score that meets the requirements of section (2);

(b) Generate a home energy performance report that meets the requirements of sections (3) through (5);

(c) Incorporate building energy assessment software, the output of which must be used to derive the information presented on the home energy performance report;

(d) Provide or specify required training in the use of the home energy performance score system for home energy assessors; and

(e) Establish minimum performance standards for quality assurance.

(2) A home energy performance score must be an asset rating that is based on physical inspection of the home or design documents used for the home’s construction.

(3) A home energy performance report must include the following information:

(a) The U.S. Department of Energy’s Home Energy Score and an explanation of the score;

(b) An estimate of the total annual energy used in the home in retail units of energy, by fuel type, generated by the U.S. Department of Energy’s Home Energy Scoring Tool;

(c) An estimate of the total annual energy generated by on-site solar electric, wind electric, hydroelectric, and solar water heating systems in retail units of energy, by type of fuel displaced by the generation;

(d) An estimate of the total monthly or annual cost of energy purchased for use in the home in dollars, by fuel type, based on data provided by the Department for the current average annual retail residential energy price of the utility serving the home at the time of the report and the average annual energy prices of non-regulated fuels, by fuel type;

(e) The current average annual utility retail residential energy price in dollars, by fuel type, and the average annual energy prices of non-regulated fuels, by fuel type, provided by the Department and used to determine the costs described in subsection (d) of this section;

(f) At least one comparison home energy performance score that provides context for the range of possible scores. Examples of comparison homes include, but are not limited to, a similar home with Oregon’s average energy consumption, the same home built to Oregon energy code, and the same home with certain energy efficiency upgrades.

(g) The name of the entity that assigned the home energy performance score and that entity’s Construction Contractors Board license number if such a license is required by law;

(h) The date the building energy assessment was performed; and

(i) For reports that meet all requirements of this division, the statement “This report meets Oregon’s Home Energy Performance Score standard.” Reports generated by home energy performance score systems that have not been approved for use in Oregon according to OAR 330-063-0020 may not include this statement.

(4) Additional information that may be presented in a home energy performance report includes, but is not limited to:

(a) A home energy performance score described in section (2) that meets the requirements of OAR 330-063-0020, and an explanation of the score;

(b) A list of recommended energy efficiency upgrades for the building;

(c) A hypothetical home energy performance score representing the score the building would be expected to receive upon completion of the energy efficiency upgrades in subsection (4)(b);

(d) The estimated amount of carbon dioxide equivalent (CO2e) emissions, in metric tons, resulting from the energy used in the home based on the carbon intensity, as reported on the department website, of the electricity provided by the electric utility that serves the home, natural gas and other fuel types used in the home.

(5) A home energy performance report must consist, at a minimum, of either:

(a) a printed document that presents all information required under section (3) on a single side of a single 8.5 by 11 inch page; or

(b) a downloadable electronic document that is formatted for printing and presents all information required under section (3) on a single side of a single 8.5 by 11 inch page.

History

Statutory/Other Authority: ORS 469.703 & 469.040
Statutes/Other Implemented: ORS 469.703
DOE 6-2016, f. & cert. ef. 12-21-16
DOE 5-2014, f. 6-30-14, cert. ef. 7-1-14

Or. Admin. R. 330-063-0020 Review and Approval of a Home Energy Performance Score System

(1)(a) The director will appoint a stakeholder panel to recommend to the director whether to approve home energy performance score systems for use in Oregon.

(b) Members of the stakeholder panel may serve terms up to five years. Members may include but are not limited to:

(A) A chair from the Oregon Department of Energy;

(B) A representative from Energy Trust of Oregon;

(D) A representative from a provider of building energy assessment software;

(E) A representative from each home energy performance score system approved for use in Oregon;

(F) A representative from an investor-owned electric utility;

(G) A representative from a consumer-owned electric utility;

(H) A representative from a natural gas utility;

(I) A representative from the residential construction industry;

(J) A representative from the real estate industry;

(K) A representative from the appraisal industry; and

(L) A representative from an entity that provides training for building energy assessments.

(c) In its review of a home energy performance score system, the stakeholder panel must review all required elements of the home energy performance score system listed in OAR 330-063-0015.

(d) The stakeholder panel may recommend to the director criteria for approval of home energy performance score systems, criteria for approval of training and certification programs or work experience, and revisions to OAR 330-063-0015 that specify criteria for content and format of a standard energy metrics label to be included in all home energy performance reports.

(e) The stakeholder panel may develop a charter and operating procedures. The stakeholder panel must provide its recommendations to the director in writing and must include a description of any dissenting views of panel members. Recommendations should be based on consensus when possible.

(2) Home energy performance score systems must meet the requirements of OAR 330-063-0015, be reviewed by the stakeholder panel and be approved by the director prior to being used to assign home energy performance scores to homes in Oregon.

(a) An entity seeking approval for use of a home energy performance score system in Oregon must submit to the department a written request for review and approval. The request must include:

(A) A copy of or an internet link to the building energy assessment software used by the home energy performance score system;

(B) A sample of the home energy performance report generated by the home energy performance score system;

(C) A copy of test results demonstrating the accuracy of the building energy assessment software used by the home energy performance score system; and

(D) Other information that may be necessary for the stakeholder panel to make a recommendation to the director.

(b) Within 120 days of the department’s receipt of a complete request, the stakeholder panel must complete its review of the home energy performance score system and provide its written recommendation to the director. If the stakeholder panel is unable to make a recommendation to the director within 120 days, department staff will make a recommendation to the director.

(c) Within 60 days of the director’s receipt of the stakeholder panel’s recommendation, the director will decide whether the home energy performance score system is approved for use in Oregon and provide that decision, including reasons for denying approval if approval is denied, in writing to the applicant. In deciding whether to approve a home energy performance score system for use in Oregon, the director will consider:

(A) Whether the system meets the requirements for home energy performance score systems in OAR 330-063-0015;

(B) The recommendation of the stakeholder panel, as well as dissenting views raised by one or more panel members;

(D) The degree and nature of use of the system in the marketplace; and

(E) Any other information the director determines is necessary to make a decision whether to approve.

(3) The provider of a home energy score system that has been approved for use in Oregon must submit to the department a new written request for review and approval every time a substantive revision is made to the approved system. The request for review and approval must include supporting documentation describing the revision. The request will be reviewed by the stakeholder panel and considered for approval by the director according to the process and timelines described in subsections (2)(b) and (c). A home energy performance score system that has undergone a substantive revision may not be used to assign home energy performance scores to homes in Oregon until the director has provided written approval for the use of the revised system. Substantive revisions include significant changes to the building energy assessment methodology, significant changes to the derivation of the home energy performance score or the scale on which it is presented, and significant changes to the training and quality assurance requirements for home energy assessors.

(4) The department may, at any time, request from the provider of an energy performance score system documentation demonstrating that no substantive revisions have been made to the home energy performance score system since the system was last approved for use in Oregon. The provider must comply with the department’s request within 60 days. If the provider cannot demonstrate that no substantive revisions have been made to the system since it was last approved, the provider must submit to the department a written request for review and approval that includes documentation describing the revisions. The request will be reviewed by the stakeholder panel and considered for approval by the director according to the process and timelines described in subsections (2)(b) and (c). The system may not be used to assign home energy performance scores to homes in Oregon until the director has provided written approval.

History

Statutory/Other Authority: 2009 OL Ch. 750 (SB 79), ORS 469.703 & 469.040
Statutes/Other Implemented: 2009 OL Ch. 750 & ORS 469.703
DOE 6-2016, f. & cert. ef. 12-21-16
DOE 5-2014, f. 6-30-14, cert. ef. 7-1-14
DOE 6-2010, f. & cert. ef. 7-1-10

Or. Admin. R. 330-063-0025 Training Requirements for Home Energy Assessors

Individuals producing home energy performance scores must:

(1) Be certified as a home energy assessor by the Oregon Construction Contractors Board if required by ORS 701.529;

(2) Have completed training in the software program used to produce the U.S. Department of Energy’s Home Energy Score; and

(3) Have successfully completed one of the following training and certification programs:

(a) Training and certification as a Building Performance Institute Building Analyst or Home Energy Professional Energy Auditor;

(b) Training and certification from the Residential Energy Services Network as a Home Energy Rater;

(d) A professional credential recognized by the U.S. Department of Energy as a prerequisite for qualification as a Home Energy Score assessor; or

(e) Other training and certification program or work experience approved by the department. Requests for such approval must be submitted to the department in writing. The department may request information about the training and certification program or work experience from the requestor and will provide an approval decision to the requestor within 120 days of receipt of all requested information.

History

Statutory/Other Authority: ORS 469.703 & 469.040
Statutes/Other Implemented: ORS 469.703
DOE 6-2016, f. & cert. ef. 12-21-16
DOE 5-2014, f. 6-30-14, cert. ef. 7-1-14

Or. Admin. R. 330-063-0030 Reporting Home Energy Performance Score Data

Home energy assessors must report to the department, at least annually, in a manner specified by the department, the following information about each home in Oregon to which they assigned a home energy performance score, unless the department is able to obtain the information from another source:

(1) The zip code and city from the home’s site address, but not the street address;

(2) The characteristics of the home that were input into the building energy assessment software; and

(3) All information required by OAR 330-063-0015(3) to be in the home energy performance report.

History

Statutory/Other Authority: 2009 OL Ch. 750 (SB 79), ORS 469.703 & 469.040
Statutes/Other Implemented: 2009 OL Ch. 750 & ORS 469.703
DOE 5-2014, f. 6-30-14, cert. ef. 7-1-14
DOE 6-2010, f. & cert. ef. 7-1-10

Or. Admin. R. 330-063-0040 Energy Performance Score System Standards for Commercial Buildings

(1) Persons producing energy performance scores must have completed training in the building energy assessment software and energy performance score system used to produce the score.

(2) Building energy assessment software used to produce the score must be approved the U.S. Department of Energy.

(3) An energy performance score for an existing commercial building must be an operational rating based upon the actual energy usage of the building and shall utilize utility data.

(4) An energy performance score for a new commercial building must be an asset rating based on the projected energy consumption of the building and may include a physical inspection of the building.

(5) An energy performance score must include an explanation of the score and the assumptions used to derive the score, the date of the score, and the name of the person that produced the score.

(6) Commercial energy use must be displayed in annual Kbtu per square foot as determined by approved energy modeling methods, using standard occupancy profiles for the building type. The annual energy consumption of each fuel (electricity, natural gas, oil, propane, etc) must be displayed in retail units.

(7) Energy performance score reports may include:

(a) A benchmark score based on a similar building built to state building code standards, a similar building that represents Oregon or national average energy consumption, or any other comparable building; and

(b) The estimated amount of carbon dioxide equivalent (CO2e) emissions, in metric tons, associated with the building’s energy consumption based on the carbon intensity, as reported on the department’s website, of the electricity provided by the electric utility that serves the building, natural gas and other fuel types used in the building.

History

Statutory/Other Authority: 2009 OL Ch. 750
Statutes/Other Implemented: 2009 OL Ch. 750
DOE 5-2014, f. 6-30-14, cert. ef. 7-1-14
DOE 6-2010, f. & cert. ef. 7-1-10

Division 66 COMMERCIAL ENERGY CONSERVATION SERVICES PROGRAMS FOR PUBLICLY OWNED UTILITIES IN OREGON

Or. Admin. R. 330-066-0005 Purpose, Statutory Authorization, Policy

The purpose of these rules is to provide procedures and standards for publicly-owned electric utilities to present energy conservation services programs for commercial buildings as required by Chapter 708, Oregon Laws 1981.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.030
DOE 10-1982, f. & ef. 11-1-82

Or. Admin. R. 330-066-0010 Definitions

For the purpose of these rules, the following terms shall have the following definitions, unless the context clearly indicates otherwise:

(1) “Automatic Control Systems” means devices which regulate lighting, heating, ventilating, air conditioning, or other energy loads automatically based on time, temperature, humidity, pressure and/or load limiting measures. Equipment associated with automatic control systems includes, but is not limited to: automatic dampers, wiring, relays, sensors, valves, microprocessors, and other equipment which produces a reduction in energy consumption or demand.

(2) “Commercial Building” means a public building as defined in ORS 456.746 which includes:

(a) Any building which provides facilities or shelter for public assembly, or which is used for educational, office or institutional purposes.

(b) Any inn, hotel, motel, sports arena, supermarket, transportation terminal, retail store, restaurant, or other commercial establishment which provides services or retails merchandise.

(d) Any building owned by the state or political subdivision thereof, including libraries, museums, schools, hospitals, auditoriums, sports arenas and university buildings.

(3) “Commercial Building Customer” means the owner or tenant of a commercial building who is responsible for paying energy costs to a utility and who is the utility customer of record.

(4) “Commercial Energy Audit” means the service provided by a qualified commercial energy auditor, energy specialist, or engineer or architect to a commercial building customer which includes on-site data gathering, energy use analysis, a report to the customer recommending energy conservation measures and an estimate of the cost/benefit of those measures.

(5) “Commercial Energy Auditor” (or “Level I Auditor”) means a person who is qualified through training or experience and who has a general knowledge of heat transfer principles, construction practices, energy-efficient operations and maintenance procedures, boiler and furnace efficiency improvements, infiltration controls, envelope weatherization, HVAC systems, electric control systems, lighting systems, solar insulation and applicable energy conservation measures.

(6) “Commercial Energy Conservation Services Program” means those services specified in Sections 15(1)–(4) and 18(1)–(2), Chapter 708, Oregon Laws 1981, as further defined in these rules.

(7) “Commercial Energy Specialist” (or “Level II Auditor”) means a person who is qualified through training or experience and who has knowledge and abilities of a qualified commercial energy auditor and can perform calculations: Of energy use analysis; of energy efficiencies of HVAC, lighting, plumbing, water, steam, control or electrical systems; and can prepare technical reports of net energy savings for energy conservation measures.

(8) “Director” means the Director of the Oregon Department of Energy.

(9) “Energy Conservation Measure” means a measure primarily designed to improve the efficiency of energy use in a commercial building, “energy conservation measures” as further defined in these rules include, but are not limited to: Improved operation and maintenance measures, energy use analysis procedures, lighting system improvements, heating, ventilating and air conditioning system modifications, furnace and boiler efficiency improvements, automatic control systems including wide dead band thermostats, heat recovery devices, infiltration controls, envelope weatherization, solar water heaters and water heating heat pumps.

(10) “Energy Use Analysis” means an estimate of energy consumed by various systems and components of a commercial building including, but not limited to: the building envelope, lighting, HVAC and water heating system.

(11) “Envelope Weatherization” includes, but is not limited to: insulation for ceilings, walls, floors, ducts or pipes, and storm or thermal windows and doors.

(12) “Furnace and Boiler Efficiency Improvements” include, but are not limited to: Replacement burners, furnaces, or boilers of the same energy fuel type which because of their design reduce energy use due to an increase in combustion efficiency, improved heat generation or reduced heat losses; automatic vent dampers; automatic ignition devices; replacement filters; and cleaning and combustion efficiency adjustments.

(13) “Heat Recovery Devices” means those devices or equipment which recover heat energy from commercial applications by capturing, storing, transferring and using the heat content of liquid or gaseous streams to reduce the need for additional energy resources. Such heat recovery devices include, but are not limited to: Recuperators, heat wheels, regenerators, heat exchangers, and economizers.

(14) “Heating, Ventilating and Air Conditioning (HVAC) System Modifications” include, but are not limited to: Improving controls for utilization of outside air, adjusting temperature and humidity of supply air, reducing energy use of reheat systems and exhaust hoods, replacement air conditioning systems of the same energy fuel type which reduce the amount of energy use due to an increase in efficiency.

(15) “Infiltration Controls” include, but are not limited to: caulking, weatherstripping, sealants, gaskets, airlocks and revolving doors used to reduce air leaks in a building.

(16) “Lighting System Improvements” means devices and actions which reduce overall indoor or outdoor lighting energy consumption while maintaining satisfactory lighting levels. Lighting system improvements include, but are not limited to: Reducing light levels to acceptable minimum levels; installation of task lighting; local switching, time control and sensing devices; and installation of more efficient lamps.

(17) “Net Energy Savings” means the energy savings, resulting from an energy conservation measure taking into account interactions of other known energy conservation measures being implemented and impacts on all energy sources and systems in the building.

(18) “Operation and Maintenance Measures” means any energy conservation measure or practice which is presumed cost-effective because there is little or no cost associated with the measure such that the simple payback period is less than one year. Operations and maintenance measures include, but are not limited to: temperature setbacks, water flow reductions, reduced use of ancillary systems or reduced energy use when a building is unoccupied, repairing air duct leaks and steam system and furnace or boiler maintenance.

(19) “Simple Payback Period” means the estimated total installed cost of an energy conservation measure divided by the estimated first year dollar savings to the customer resulting from the measure.

(20) “Solar Water Heaters” means water heating devices, either active or passive, designed to heat water with radiant energy from the sun.

(21) “Utility” means a publicly-owned utility which sells electricity to the public.

(22) “Water Heating Heat Pumps” means water heating devices designed to heat water by extracting energy from the surrounding ambient environment, including air, earth, and ground water.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.860
DOE 10-1982, f. & ef. 11-1-82

Or. Admin. R. 330-066-0015 Commercial Energy Conservation Services Programs

(1) Each utility shall be responsible for ensuring that a commercial energy conservation services program which meets or exceeds the requirements of these rules is offered to all commercial building customers within its service territory.

(2) Each utility shall have available on request information about energy saving operations and maintenance measures for commercial buildings. The information may be tailored to special classes of commercial customers.

(3) Each utility shall establish a procedure to notify by mail each commercial building customer at least once a year of the availability of information and materials about energy conservation and of energy audit services. Notification shall include information on the location of the nearest office for obtaining these services, procedures for obtaining such service, and fees, if any.

(4) Each utility shall actively promote the availability of energy audit services whenever it enters into any phase of a contingency or curtailment plan for dealing with an energy supply shortfall.

(5) Each utility shall be responsible for having qualified commercial energy auditors, specialists or engineers or architects available to provide energy audits for commercial building systems and components which exist in its service area.

(6) When a utility receives a request for a commercial energy audit, a commercial energy auditor shall perform an on-site audit to collect data and evaluate energy conservation measures including at least: operations and maintenance measures, simple automatic control systems, envelope weatherization, infiltration controls and lighting systems improvements.

(7) If the commercial building customer uses an average of more than 4,000 kWh of electricity per month, the utility shall provide an energy audit to evaluate more complex energy conservation measures such as sophisticated automatic control systems, furnace and boiler efficiency improvement, heat recovery devices, HVAC system modifications, infiltration controls, lighting system improvements and solar water heaters or water heating heat pumps unless it can substantiate that analysis of the systems in use does not require that level of expertise. The utility shall use a commercial energy specialist or engineer or architect to provide the energy audit described in this section.

(8) Each utility shall be responsible for: having appropriate data recording forms for an energy audit, developing procedures for analyzing energy use in commercial buildings and for calculating potential energy savings, and designing energy audit report forms for recommendations to commercial building customers.

(9)(a) Energy audit reports to a commercial building customer shall include, as a minimum: a brief description of the building’s energy using systems and overall condition, an energy use analysis, and recommended operations and maintenance measures;

(b) Commercial energy audits described in section (6) of this rule shall include at least all energy conservation measures for improving existing energy consuming systems which have a simple payback period of three years or less. Commercial energy audits described in section (7) of this rule shall include at least all energy conservation measures for improving existing energy consuming systems which have a simple payback period of ten years or less;

(c) Each energy conservation measure shall be described. Each energy conservation measure description, except for operation and maintenance measures, shall also include estimated costs, and estimated net energy and dollar savings for the first year;

(d) Information about the availability of state and federal tax credits and low-cost financing options for the customer shall also be included.

(10) Each utility shall include in its program description conservation services provided by other federal, state or local government or utility programs that it wishes the Director to review according to OAR 330-066-0020.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.890
DOE 10-1982, f. & ef. 11-1-82

Or. Admin. R. 330-066-0020 Other Programs

The Director will review any federal, state or local government, or utility commercial energy audit program to determine if that program meets or exceeds the requirements of these rules in whole or in part. Upon a determination that the program meets or exceeds the requirements of these rules, the utility which implements the program or refers eligible commercial building customers to that program shall be considered to have met the requirements in whole or in part of these rules.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.900
DOE 10-1982, f. & ef. 11-1-82

Or. Admin. R. 330-066-0025 Coordination of Utilities

(1) In the case where gas and publicly owned utilities serve the same building, each publicity-owned utility shall offer to the commercial building customer an audit as described in OAR 330-066-0015(6) of all energy consuming systems. The publicly-owned utility may offer an audit as described in 330-066-0015(7) of systems using primarily electricity or interacting with the electric system. As an alternative, gas utilities and electric utilities may coordinate on analyses of energy consuming systems and presentations of recommendations to the customer.

(2) If a commercial building customer uses oil, wood or a renewable resource in the commercial building, the utility shall make every effort to determine previous energy use records for that energy system and shall evaluate and report on operations and maintenance aspects of the system.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.880
DOE 10-1982, f. & ef. 11-1-82

Or. Admin. R. 330-066-0030 Fees

If the utility proposes to charge the commercial building customer a fee for the energy audit the fee should be structured so as not to discourage commercial building owners and tenants from seeking audits from their utility. The fee schedules shall be specified in the commercial energy conservation services program.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.890
DOE 10-1982, f. & ef. 11-1-82

Or. Admin. R. 330-066-0035 Implementation Schedules

(1) Each utility shall submit for review and approval its commercial energy conservation services program to the Director within 180 days of the effective date of these rules.

(2) Each utility shall describe how it will ensure that personnel are qualified to conduct energy audits. The description shall include at least the utility’s minimum requirements for training, education or equivalent experience of auditors and specialists. If consultants will be employed to provide energy audit services the utility shall identify the consulting firm(s) and present sufficient information to support the qualifications of the firms to do energy conservation analyses.

(3) Each utility shall provide to the Director a copy of the training program for energy auditors and energy specialists.

(4) Each utility shall submit to the Director a copy of the data collection form, a description of analysis procedures and report forms.

(5) Each utility shall offer its program within 60 days of its program being approved. Each customer who requests an audit shall receive a report describing the results of the audit performed under OAR 330-066-0015(6) within 120 days of the request for services. A utility may request an extension of this time requirement if program start-up causes delays in the first year of program implementation.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.865
DOE 10-1982, f. & ef. 11-1-82

Or. Admin. R. 330-066-0040 Reporting Requirements

(1) Each utility shall report to the Director quarterly the number of eligible commercial building customers, number of audits requested, number of audits performed by level of audit, number of referrals to other audit programs, estimated aggregate savings of operations and maintenance recommendations, estimated aggregate savings and retrofit energy conservation measures.

(2) Each utility shall also report when requested by the Department, not to exceed once per year, information on all commercial building customers who have received commercial energy audits in order for the Department to evaluate program performance and effectiveness.

(3) If the utility’s service is offered through an association, the association should provide the above information on an individual basis for each utility served.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 10-1982, f. & ef. 11-1-82

Or. Admin. R. 330-066-0045 Coordination with Federal Statutes and Regulations

The Director shall review each commercial energy audit conservation services program to ensure that it does not conflict with federal statutes and regulations applicable to energy conservation in commercial buildings.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 10-1982, f. & ef. 11-1-82

Or. Admin. R. 330-066-0050 Exemption for Existing Commercial Energy Conservation Service Programs

(1) Each covered publicly owned utility which has an existing commercial energy conservation services program, as of the effective date of these rules, may submit a description of its program to the Director to request an exemption. The program description shall include: copies of information materials about energy conservation which it has available for commercial building customers, procedures used to regularly notify for commercial building customers, procedures used to regularly notify all customers in commercial buildings of the availability of energy conservation services and a description of audit procedures, auditor qualifications, types of systems audited, example report forms and procedures for estimating costs of energy conservation measures. A fee schedule, if any, shall be included with the program description.

(2) If the Director finds that the existing program meets or exceeds the requirements of Sections 17 to 20 of Chapter 708, Oregon Laws 1981, those sections shall not apply to the covered publicly owned utility.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 10-1982, f. & ef. 11-1-82

Division 67 IMPLEMENTING THE INSTITUTIONAL CONSERVATION PROGRAM

Or. Admin. R. 330-067-0010 Purpose

(1) The program rules for grants are set by Title III of the National Energy Conservation Policy Act, Public Law 95-619, 92 Stat. 3238 (42 U.S.C. 6371). These rules are authorized by ORS 469.040, ORS Chapter 183, and 10 CFR, Part 455 in the February 19, 1993, Federal Register.

(2) These rules allow grants to the state for program and technical assistance. The grant for Program Assistance is managed and performed by the state. The purpose of the grant is to provide support and training to eligible institutions to help improve building energy system efficiency and reduce energy costs. Technical Assistance (TA) grants or Technical Assistance Studies (TAS) help institutions identify actions that can be taken and/or measures that can be installed to reduce the use and costs of energy.

History

Statutory/Other Authority: ORS 469.040 & 469.165
Statutes/Other Implemented: ORS 469
DOE 3-1993, f. & cert. ef. 8-23-93
DOE 2-1990, f. & cert. ef. 4-19-90 (and corrected 6-27-91)
DOE 8-1985, f. & ef. 12-30-85
DOE 4-1985, f. 4-19-85, ef. 4-22-85

Or. Admin. R. 330-067-0015 Grantees Must Comply with Other Rules and Laws

TAS in part paid for by the Institutional Conservation Program (ICP) must comply with all local, state and federal rules, regulations, ordinances, statutes, codes, and standards. These rules do not alter the duty of the grantee to comply with all other rules and laws that apply.

History

Statutory/Other Authority: ORS 469.040 & 469.165
Statutes/Other Implemented: ORS 469
DOE 3-1993, f. & cert. ef. 8-23-93
DOE 8-1985, f. & ef. 12-30-85
DOE 4-1985, f. 4-19-85, ef. 4-22-85

Or. Admin. R. 330-067-0020 Definitions

(1) “Act,” as used in this rule, means the Energy Policy and Conservation Act, Public Law 94-163, 89 Stat. 871 (42 U.S.C. 6201) as amended by Title III of the National Energy Conservation Policy Act, Public Law 95-619, 92 Stat. 3238 (42 U.S.C. 6371) and the State Energy Efficiency Programs Improvement Act of 1990, Public Law 101-440, 104 Stat. 1011.

(2) “Building” means any structure, including a group of closely situated structural units that are centrally metered and are served by a central utility plant, or eligible portion thereof, which:

(a) Was built on or before May 1, 1989;

(b) Is owned and occupied by the eligible institution;

(3) “Built” means the date an occupancy permit for a building was issued. It also means the date the building is ready to be occupied.

(4) “Civil Rights” means civil rights responsibilities of applicants and grantees as stated in 10 CFR 1040.

(5) “Complex” means a closely situated group of buildings on a contiguous site such as a school or college campus or multi-building hospital.

(6) “Coordinating Agency” means a state or any public or private nonprofit (PNP) organization legally set up to act as the agent for the institution.

(7) “DOE” or “US DOE” means the U.S. Department of Energy.

(8) “Eligible Institution” means a public or PNP school, hospital or coordinating agency, as defined in Subpart A, 10 CFR 455.2 in the February 19, 1993, Federal Register.

(9) “Energy Conservation Measure (ECM)” means to install or change an installation in a building and thereby reduce energy use or allow the use of a renewable energy source. ECMs in this program are defined in Subpart A, 10 CFR 455.2 in the February 19, 1993, Federal Register.

(10) “Energy Use Evaluation (EUE)” means the survey of a building or complex by a utility, a contractor, or an institution representative familiar with the building and its systems done in accord with Subpart B of 10 CFR Part 455.20 in the February 19, 1993, Federal Register and ODOE requirements.

(11) “Grantee” means the grant recipient.

(12) “Hardship” or “Severe Hardship Funding” means a grant in excess of the 50 percent federal share, but not more than a 90 percent federal share for a TAS. To qualify for hardship funds, an institution must submit requested hardship information to ODOE. ODOE will notify the institution about hardship eligibility.

(13) “Heating or Cooling System” means any mechanical system for heating, cooling or ventilating areas of a building. This includes a system of through-the-wall air conditioning units.

(14) “Hospital” means a public or PNP hospital, other than one giving mainly care and housing to people who cannot care for themselves. It must be authorized to provide hospital services under the laws of the state.

(15) “Load Management System” means a device(s) which is designed to shift energy use to hours of low demand in order to reduce energy costs and which does not cause more energy to be used than was used before their installation.

(16) “Local Education Agency” means a public or PNP board of education or other authority legally set up within, or recognized by, the state to administer a group of schools.

(17) “Maintenance” means action taken in a building to assure that equipment and energy-using systems work properly and efficiently.

(18) “ODOE” means the Oregon Department of Energy.

(19) “On-Site Assessment” means to:

(a) Assess the building(s) energy-using systems and make recommendations to replace, upgrade, or repair the systems; and

(b) Assess the training needs of maintenance staff and make recommendations as to who should be trained and in what areas.

(20) “Operating and Maintenance Changes (O&Ms)” means changes in the maintenance and operation of a building and its equipment and energy using systems to reduce its energy use.

(21) “Owned” or “Owns” means a property interest, including a leasehold interest, which is or shall become, a fee simple title in a building or complex.

(22) “Program Assistance” means a program or activity managed by the state and designed to provide support to eligible institutions to help ensure the effectiveness of energy conservation programs carried out consistent with this part, including such relevant activities as:

(a) Evaluating the services of consulting engineers;

(b) Training school or hospital personnel to perform energy accounting;

(d) Aiding in the procurement of cost effective energy conservation projects.

(23) “Public or PNP Institution” means an institution owned and occupied by:

(a) The state, a political subdivision of the state or an agency of either; or

(b) A school or hospital which is exempt from income tax under Section 501(c)(3) of the Internal Revenue Code of 1954.

(24) “School” means a public or PNP institution which provides, and legally can provide, primary, secondary, post-secondary or vocational education on a day or residential basis as defined in 10 CFR 455.2 in the February 19, 1993, Federal Register.

(25) “State” means the State of Oregon.

(26) “State Hospital Facilities Agency” means the State Department of Human Resources, Office of Health Policy.

(27) “State Plan” means the current “State Plan for Implementing the ICP” as prepared by ODOE and approved by US DOE.

(28) “State School Facilities Agency” means the Oregon Department of Education or the Oregon State System of Higher Education.

(29) “TA Analyst (TAA)” means a registered engineer or engineer/architect team or other individuals with knowledge, experience, or expertise in conducting energy audits and studies of public buildings and facilities. This includes, but is not limited to, an understanding of HVAC systems, lighting standards and equipment, weatherization, heat recovery, renewables, and HVAC systems.

(30) “Technical Assistance Study (TAS)” means a report based on an on-site analysis of the building which meets the requirements of ODOE’s TAS format. This includes, but is not limited to, an identification of cost-effective operation and maintenance changes and energy conservation measures, their costs, and estimated energy savings.

History

Statutory/Other Authority: ORS 469.040 & 469.165
Statutes/Other Implemented: ORS 469
DOE 3-1993, f. & cert. ef. 8-23-93
DOE 2-1990, f. & cert. ef. 4-19-90 (and corrected 6-27-91)
DOE 8-1985, f. & ef. 12-30-85
DOE 4-1985, f. 4-19-85, ef. 4-22-85

Or. Admin. R. 330-067-0023 Program for Technical and Program Assistance

As allowed under Subparts H and K, 10 CFR 455 in the February 19, 1993, Federal Register, ODOE will operate a program to provide technical and program assistance through the following services:

(1) Resources accounting program and training;

(2) On-site assessments;

(3) Building operator training, including trouble shooting and repair;

(4) Detailed energy studies;

(5) Assistance to secure financing of identified energy conservation measures; and

(6) Training on how to operate and maintain installed measures.

History

Statutory/Other Authority: ORS 469.040 & 469.165
Statutes/Other Implemented: ORS 469
DOE 3-1993, f. & cert. ef. 8-23-93

Or. Admin. R. 330-067-0025 Administration of Grants

(1) Technical Assistance (TA) grantees under this program shall comply with all laws, rules and procedures. These include, but are not limited to, the ICP rules in the February 19, 1993, Federal Register, Subpart A, 10 CFR 455.3.

(2) TA grantees shall comply with any new rules and laws that US DOE or ODOE prescribe.

History

Statutory/Other Authority: ORS 469.040 & 469.165
Statutes/Other Implemented: ORS 469
DOE 3-1993, f. & cert. ef. 8-23-93
DOE 8-1985, f. & ef. 12-30-85
DOE 4-1985, f. 4-19-85, ef. 4-22-85

Or. Admin. R. 330-067-0030 Recordkeeping

TA grantees that receive federal dollars under this program shall make and retain records required by US DOE and ODOE. These include records which fully disclose:

(1) The amount of the grant and how it was spent;

(2) The total cost of the activities done under the grant;

(3) The source and amount of any funds not supplied by US DOE;

(4) Three years of utility data after the TAS is completed; and

(5) Any information which US DOE and ODOE needs to protect the interest of the United States and the state. US DOE and ODOE shall have access to any documents or records which are related to any grant given under this program.

History

Statutory/Other Authority: ORS 469.040 & 469.165
Statutes/Other Implemented: ORS 469
ODE 3-1993, f. & cert. ef. 8-23-93
DOE 8-1985, f. & ef. 12-30-85
DOE 4-1985, f. 4-19-85, ef. 4-22-85

Or. Admin. R. 330-067-0035 Cancellation of Grants

ODOE may cancel a TA grant if the grantee fails to comply with the terms and conditions set forth in the application, ODOE Partnership Agreement, and in 10 CFR 455, as amended in the February 19, 1993, Federal Register. ODOE may cancel a grant if the grantee fails to comply with civil rights requirements. A decision to cancel a grant may be appealed to US DOE.

History

Statutory/Other Authority: ORS 469.040 & 469.165
Statutes/Other Implemented: ORS 469
DOE 3-1993, f. & cert. ef. 8-23-93
DOE 8-1985, f. & ef. 12-30-85
DOE 4-1985, f. 4-19-85, ef. 4-22-85

Or. Admin. R. 330-067-0045 TA Programs for Schools and Hospitals

(1) This section contains the rules under which ODOE shall give grants to schools and hospitals for TASs done in their buildings.

(2) To be eligible to receive TA grants, an applicant must:

(a) Be a school or hospital as defined in OAR 330-067-0020 and 10 CFR 455.2 in the February 19, 1993, Federal Register;

(b) Be in the state;

(c) Submit an EUE for the building for which a TA grant is requested. The EUE must have been done after the most recent construction, remodeling, or use change which changed energy use in the building. If the EUE is 12 months old or older when the request for TA is received by ODOE, ODOE may require an EUE update;

(d) Assure that it will do all O&Ms from the on-site assessment or request ODOE approval for a waiver;

(e) Assure that it will install all ECMs identified in the on-site assessment and the TAS with a combined simple payback of five years or provide in writing a good reason why a particular measure should not be installed;

(f) Submit an EUE that meets the rules set by ODOE.

(3) A TAS shall be done by an ODOE contractor or a TAA who is qualified under the State Plan and under OAR 330-067-0020. The TAA must consider all feasible O&Ms and feasible ECMs for a building. A TAS shall give the costs of, and the energy and cost savings likely to result from doing O&Ms. A TAS shall also give a detailed engineering analysis showing the cost of, and the energy and cost savings likely to result from installing each ECM that shows a good potential for saving energy.

(4) The TAA shall prepare and submit a report which conforms to ODOE’s current TAS format and this rule.

History

Statutory/Other Authority: ORS 469.040 & 469.165
Statutes/Other Implemented: ORS 469
DOE 3-1993, f. & cert. ef. 8-23-93
DOE 2-1990, f. & cert. ef. 4-19-90 (and corrected 6-27-91)
DOE 8-1985, f. & ef. 12-30-85
DOE 4-1985, f. 4-19-85, ef. 4-22-85

Or. Admin. R. 330-067-0055 Requests for TA Grants

Institutions shall submit a completed Request for Services Form. If ODOE determines the institution is eligible for a TA grant, the institution shall:

(1) Complete and submit an EUE for each building for which a TA grant is requested;

(2) Complete and submit an ODOE Partnership Agreement; and

(3) Any other information required by ODOE or which the applicant wants considered, such as a hardship request.

History

Statutory/Other Authority: ORS 469.040 & 469.165
Statutes/Other Implemented: ORS 469
DOE 3-1993, f. & cert. ef. 8-23-93
DOE 2-1990, f. & cert. ef. 4-19-90 (and corrected 6-27-91)
DOE 8-1985, f. & ef. 12-30-85
DOE 4-1985, f. 4-19-85, ef. 4-22-85

Or. Admin. R. 330-067-0060 Applicant Certifications

TA grant applicants shall certify that they:

(1) Are eligible for TA.

(2) Have met the rules set forth in OAR 330-067-0055.

(3) Will do all O&Ms from the on-site assessment or TAS. If the institution does not intend to do all the Q&Ms, the applicant shall request ODOE approval in writing for a waiver.

(4) If an institution contracts with a TAA, it will obtain from the TAA, before the TAA does any work on a TAS, a signed statement that certifies that the TAA:

(a) Has no conflicting financial interests; and

(b) Is qualified to do the duties of TAA in accord with the rules set by US DOE and the State Plan.

(5) Will commit to doing projects.

(6) Will submit all required reports.

History

Statutory/Other Authority: ORS 469.040 & 469.165
Statutes/Other Implemented: ORS 469
DOE 3-1993, f. & cert. ef. 8-23-93
DOE 2-1990, f. & cert. ef. 4-19-90 (and corrected 6-27-91)
DOE 8-1985, f. & ef. 12-30-85
DOE 4-1985, f. 4-19-85, ef. 4-22-85

Or. Admin. R. 330-067-0067 Grant Applications for State Program for Technical and Program Assistance

(1) ODOE will defray the costs of the administration of the special programs for technical and program assistance by requesting a grant from US DOE. US DOE may make a grant award to a state for up to 100 percent of the funds allocated to the state for the grant program cycle provided the state meets the requirements described in 10 CFR 455.121 in the February 19, 1993, Federal Register. Grants may:

(a) Not exceed more than 50 percent of the cost of the technical assistance programs;

(b) Be made for up to 100 percent of the program assistance expenses.

(2) This application shall conform to Subpart K, 10 CFR 121 in the February 19, 1993, Federal Register.

Stat.: ORS 469.040 & 469.165

History

Statutes/Other Implemented: ORS 469
DOE 3-1993, f. & cert. ef. 8-23-93

Or. Admin. R. 330-067-0070 Grantee Records and Reports

(1) Each grantee shall keep all the records and submit all reports required by Subpart A, 10 CFR 455.4 and Subpart J, 10 CFR 445.113, in the February 19, 1993, Federal Register.

(2) ODOE shall forward on all grantee reports to US DOE.

(3) For state technical and program assistance grants, ODOE shall submit reports to US DOE as required in Subpart K, 10 CFR 455.122 and 123, in the February 19, 1993, Federal Register.

History

Statutory/Other Authority: ORS 469.040 & 469.165
Statutes/Other Implemented: ORS 469
DOE 3-1993, f. & cert. ef. 8-23-93
DOE 8-1985, f. & ef. 12-30-85
DOE 4-1985, f. 4-19-85, ef. 4-22-85

Or. Admin. R. 330-067-0075 State Evaluation of TA Grant Requests

EUEs received by ODOE are reviewed to determine eligibility. Those that comply with Subparts E and L of 10 CFR 455, as amended in the February 19, 1993, Federal Register, section (2) of this rule, the State Plan and other laws and rules, will be eligible for a TA grant.

History

Statutory/Other Authority: ORS 469.040 & 469.165
Statutes/Other Implemented: ORS 469
DOE 3-1993, f. & cert. ef. 8-23-93
DOE 8-1985, f. & ef. 12-30-85
DOE 4-1985, f. 4-19-85, ef. 4-22-85

Or. Admin. R. 330-067-0080 State Review of TA Grant Requests

(1) All eligible TA requests received by ODOE will be reviewed in the manner stated in the State Plan.

(2) Within the limits of available funds, applications will be funded on a first-come, first-served basis.

(3) Up to ten percent of the state’s allocation in each cycle will be available for hardship grants. Hardship grants will be available to institutions based on their need or which cannot provide their 50 percent matching share. These funds will be available only to the extent needed to allow such institutions to do the project under the program:

(a) ODOE shall recommend funds for hardship grants in the manner stated in the State Plan;

(b) Applications for hardship funding shall be judged by ODOE to assess the relative need among applicants. The minimum amount of additional US DOE funds needed by the applicant to do the project under the ICP will be set by ODOE.

History

Statutory/Other Authority: ORS 469.040 & 469.165
Statutes/Other Implemented: ORS 469
DOE 3-1993, f. & cert. ef. 8-23-93
DOE 8-1985, f. & ef. 12-30-85
DOE 4-1985, f. 4-19-85, ef. 4-22-85

Or. Admin. R. 330-067-0090 State Liaison, Monitoring and Reporting

ODOE shall:

(1) Notify institutions and coordinating agencies of any changes to the State Plan;

(2) Notify each applicant if its application will receive funding. If the application will not be funded, ODOE will tell the applicant why;

(3) Monitor projects funded by ICP grants. ODOE will notify US DOE of any failure by grantees to comply with ICP rules and laws; and

(4) Report as required by Subparts J, K, and L of 10 CFR 455, in the February 19, 1993, Federal Register.

History

Statutory/Other Authority: ORS 469.040 & 469.165
Statutes/Other Implemented: ORS 469
DOE 3-1993, f. & cert. ef. 8-23-93
DOE 8-1985, f. & ef. 12-30-85
DOE 4-1985, f. 4-19-85, ef. 4-22-85

Or. Admin. R. 330-067-0100 TA Grant Awards

(1) ODOE may award grants to schools and hospitals for up to 50 percent of the cost of doing TASs for eligible buildings.

(2) ODOE may award up to ten percent of the state’s total allocation to schools and hospitals in cases of severe hardship.

(3) TA grant awards will be made by ODOE in accord with Subpart M, 10 CFR 455.144, in the February 19, 1993, Federal Register and approved State Plan.

History

Statutory/Other Authority: ORS 469.040 & 469.165
Statutes/Other Implemented: ORS 469
DOE 3-1993, f. & cert. ef. 8-23-93
DOE 2-1990, f. & cert. ef. 4-19-90 (and corrected 6-27-91)
DOE 8-1985, f. & ef. 12-30-85
DOE 4-1985, f. 4-19-85, ef. 4-22-85

Or. Admin. R. 330-067-0110 State Plan Amendments

(1) ODOE’s State Plan for ICP includes all the contents set forth in Subpart B, 10 CFR 455.20, in the February 19, 1993, Federal Register.

(2) Any amendments to the State Plan must be submitted to US DOE for its review and approval. With US DOE’s consent, ODOE may submit a new or amended plan at any time.

History

Statutory/Other Authority: ORS 469.040 & 469.165
Statutes/Other Implemented: ORS 469
DOE 3-1993, f. & cert. ef. 8-23-93
DOE 8-1985, f. & ef. 12-30-85
DOE 4-1985, f. 4-19-85, ef. 4-22-85

Division 68 INSTITUTIONAL BUILDINGS PROGRAM

Or. Admin. R. 330-068-0005 Purpose

The purpose of these rules is to provide procedures, standards and criteria for administration by the Oregon Department of Energy of a contract agreement with the Bonneville Power Administration to acquire electricity energy savings through subcontracts with schools, hospitals, public care, government buildings and eligible facilities other than buildings.

History

Statutory/Other Authority: ORS 183 & 469
Statutes/Other Implemented: ORS 469
DOE 3-1985, f. & ef. 3-20-85
DOE 5-1984, f. & ef. 4-3-84
DOE 11-1982, f. & ef. 12-17-82

Or. Admin. R. 330-068-0010 Definitions

(1) “Bonneville” means the Bonneville Power Administration, an agency of the U.S. Department of Energy.

(2) “Building” means any structure in which the efficiency of electric energy use can be improved through the installation of an energy conservation measure (ECM), and which was completed by October 28, 1982, and which is owned and operated by an Institution.

(3) “Care Institution” means:

(a) An institution for long-term care, a rehabilitation institution, or a health center, as described in Section 1633 of the Public Health Service Act (42 U.S.C. 300s-3; 88 Stat. 2270); or

(b) A residential child care center, other than a foster home, which is primarily intended to provide fulltime residential care with an average length of stay of at least 30 days for at least ten minor persons who are in the care of such institution as a result of a finding of abandonment or neglect, or of being persons in need of treatment or supervision.

(4) “Department” means the Oregon Department of Energy.

(5) “Administrative Costs” are those allowed under OMB Circular A-87, “Cost Principles for State and Local Governments,” as amended.

(6) “Effective Date” means October 28, 1982.

(7) “Energy Audit” (EA) means the survey of an Institution by an energy auditor, which is conducted according to standards established by Bonneville, and which provides a description of the energy-using characteristics of the buildings and identifies O&M activities.

(8) “Energy Auditor” means a representative of an institution or a licensed engineer or architect who is certified by the Department to perform energy audits under this program.

(9) “Energy Conservation Measure” (ECM) means an installation of material or equipment or the provision of services for weatherization, water heating, space heating or cooling, ventilation, lighting, food preparation, pumps and motors, automatic energy control, and energy recovery resulting in improved efficiency of electric energy use. An ECM is also a direct application renewable resource.

(10) “Facility Other Than Buildings” means an installation such as, but not limited to, a:

(a) Sewage treatment plant;

(b) Potable water treatment and pumping system;

(d) Parking structure; and

(e) Stadium or arena, which was completed by October 28, 1982 and which is owned and operated by an institution.

(11) “Hospital” means an institution which is a general or specialized hospital, other than a hospital furnishing primarily domiciliary care, and which is duly authorized to provide hospital services under the laws of the state in which it is located.

(12) “Initial Budget Year” means the period starting with the effective date and ending with the end of the federal fiscal year.

(13) “Institution” means a nonprofit institution or a public institution located within an operating area as listed in rule 330-068-0080.

(14) “Nonprofit Institution” means a hospital, care institution, or school owned and operated by an entity which is exempt from income tax under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1954, as amended.

(15) “Occupied Building” (for buildings located within facilities) means an enclosed structure in which people are located for more than seven hours per week, and which contains an operative heating and/or cooling system used for human comfort and/or for process environmental control.

(16) “Operation and Maintenance” (O&M) means the operation of, or scheduled maintenance, repair and adjustment of, equipment or components of buildings to assure improved energy efficiency.

(17) “Program” means the Institutional Buildings Program funded by Bonneville through an agreement with the Department as may be periodically amended.

(18) “Project” means one or more ECMs, defined by the TAS, which are submitted by an institution to the Department for funding.

(19) “Public Institution” means an institution owned and operated by:

(a) The federal government;

(b) A state;

(d) A recognized governing body of an Indian tribe; or

(e) A body delegated general government functions under state or local legislative authority.

(20) “School” means an institution which provides, and is legally authorized to provide, elementary, secondary, post-secondary, or vocational education on a day or residential basis.

(21) “Technical Assistance Study” (TAS) means a study which is performed according to standards provided by Bonneville which analyzes the potential energy savings in a building and includes recommendations for accomplishing such energy savings through ECMs.

History

Statutory/Other Authority: ORS 183 & 469
Statutes/Other Implemented: ORS 469
DOE 3-1985, f. & ef. 3-20-85
DOE 5-1984, f. & ef. 4-3-84
DOE 11-1982, f. & ef. 12-17-82

Or. Admin. R. 330-068-0015 Availability

The program is available to institutions for buildings and facilities other than buildings located in the operating area as listed in OAR 330-068-0080.

History

Statutory/Other Authority: ORS 183 & 469
Statutes/Other Implemented: ORS 469
DOE 3-1985, f. & ef. 3-20-85
DOE 5-1984, f. & ef. 4-3-84
DOE 11-1982, f. & ef. 12-17-82

Or. Admin. R. 330-068-0020 Program Procedures

(1) Energy auditor training: The Department shall provide to representatives of institutions (except for facilities other than buildings), energy auditor training or orientation which meets guidelines and standards provided by Bonneville. The Department shall certify individuals as energy auditors in accordance with procedures approved by Bonneville.

(2) Energy audit: The Department shall provide, at no direct cost to an institution, a list of energy auditors and model forms for use in conducting energy audits (for buildings and occupied buildings only).

(3) Technical assistance studies (TAS):

(a) The Department shall solicit, evaluate, rank, and select for funding applications for TASs. Ranking shall be in accordance with OAR 330-068-0085(1). The Department shall notify applicants in writing whether or not they have been selected for funding;

(b) The Department shall ensure that the requirements in paragraphs (A), through (E) of this subsection, are met before disbursing funds for a TAS (for buildings and occupied buildings only):

(A) An energy audit has been completed by an ODOE certified energy auditor;

(B) All O&M activities identified in the energy audit have been implemented by the institution, except those which the Department determines, in accordance with guidelines and environmental restrictions provided by Bonneville, need not be implemented;

(C) The institution has solicited qualifications of licensed engineers or licensed architect-engineer teams for accomplishing the TAS before choosing a licensed engineer or licensed architect-engineer team, unless otherwise agreed to by the Department and such Institution;

(D) The TAS has been performed by a licensed engineer or licensed architect-engineer team, and has been reviewed and approved by the Department;

(E) The institution provides the Department with proof of payment to the licensed engineer or architect-engineer team of all agreed upon costs for performing the technical assistance study.

(c) The Department shall ensure that the requirements in paragraphs (A) through (D) of this subsection are met before disbursing funds for a TAS (for facilities other than buildings):

(A) All O&M activities identified in the facilities TAS have been implemented by the institution, except those which the Department determines, in accordance with guidelines and environmental restrictions provided by Bonneville, need not be implemented;

(B) The institution has solicited qualifications of licensed engineers or licensed architect-engineer teams, with at least one year of documented experience in the design or operation of the particular facility other than a building being studied, for accomplishing the TAS before choosing a licensed engineer or licensed architect-engineer team, unless otherwise agreed to by the Department and such institution;

(C) The TAS has been performed by a licensed engineer or licensed architect-engineer team and has been reviewed and approved by the Department;

(D) The Institution provides the Department with proof of payment to a licensed engineer or architect-engineer team of all agreed upon costs for performing the technical assistance study.

(d) The Department shall pay an Institution 50 percent of the amount determined in accordance with the TAS payment formula in rule 330-068-0090, upon completion of the TAS in accordance with the above requirements. The Department shall pay the institution the remaining 50 percent of the TAS amount when the conditions in either of paragraphs (A) or (B) of this subsection are met:

(A) The Institution installs, at its own expense, ECMs recommended in the TAS, the total cost of which is at least equal to the remaining 50 percent of the TAS amount;

(B) The institution agrees in writing to install, upon approval of funding, ECMs recommended in the TAS, the total cost of which is at least equal to the remaining 50 percent of the TAS amount. If an institution which has received the remaining 50 percent of the TAS amount, or any portion thereof, does not install such ECMs upon approval of funding, the Department shall require the institution to return the payment for the remaining 50 percent of such institution’s TAS amount, or any portion thereof received, to the Department;

(C) The Department shall not pay the institution the total remaining 50 percent of its TAS if one of either condition in paragraph (A) or (B) of this subsection is not satisfied and if:

(i) The TAS does not recommend any eligible electrical ECMs even though its TAS does satisfy the requirements as stated in subsections (3)(b) and (c) of this rule;

(ii) The total cost of the recommended eligible electrical ECMs does not equal the remaining 50 percent of the TAS amount, even though the TAS does satisfy the requirements as stated in subsections (3)(b) and (c) of this rule.

(4) Energy conservation measures (ECMs):

(a) The Department shall solicit, evaluate, and select Projects for funding at least once but not more than four times annually. The Department shall notify applicants in writing whether or not they have been selected for funding;

(b) The Department shall comply with the procedures in paragraphs (A) through (E) of this subsection prior to approving a Project application for funding:

(A) The Department shall provide a licensed professional engineer, other than the engineer or architect-engineer team who performed the TAS, to review and certify that energy savings and project cost estimates of ECMs recommended in the TAS were calculated using standard engineering practices, and that only ECMs recommended in a TAS are included in a project;

(B) The Department shall rank and select for funding projects in accordance with the ranking formula for ECM’s found in OAR 330-068-0085(2)(a), if requests for project funding exceed the portion of the approved budget approved for ECMs;

(i) Installation of low-pressure sodium vapor lights indoors;

(ii) Use of toxic transfer fluids in solar heating systems;

(iii) Use of high pressure sodium vapor lights indoors except for:

(I) General lighting in warehouses with low visual demand activities and short duration occupancies; and for

(II) High visual demand lighting in high bay areas, as defined by IES Lighting Handbook, where the mixture of HPS to incandescent, fluorescent, or metal halide fixtures is at least 1-to-1 with similar lumen output from both types of fixtures and the HPS fixtures are staggered on a multiple phase circuitry.

(iv) Removal or disturbance of previously installed asbestos;

(v) Installation of Urea Formaldehyde Foam Insulation (UFFI).

(D) The Department shall ensure that Bonneville funds are not used to pay for ECM’s which Bonneville has determined are environmentally restricted;

(E) The Department shall obtain from the institution a written agreement to indemnify Bonneville and hold it harmless from and against all claims and liability and expenses, including reasonable attorneys fees, arising from the negligent or other tortious acts or omissions of the Institution’s officers, agents, or employes.

(c) The Department shall comply with the procedures in paragraphs (A) through (D) of this subsection, prior to disbursing funds to institutions for completed projects:

(A) For projects that require the preparation of design documents by, or have had design documents prepared by a licensed professional engineer, a licensed architect or licensed architect-engineer team, the Department shall provide a licensed professional engineer, other than the engineer, architect or architect-engineer team who prepared the design documents, to review and verify prior to bid release, that the project design has been prepared in accordance with standard engineering practice and can reasonably be expected to produce the energy savings identified for the project in the TAS;

(B) The Department shall ensure that the institution has solicited three competitive bids for ECM installations unless otherwise agreed to by the Department and the institution, and has chosen an installer on the basis of price and capability;

(C) The Department shall inspect each project for proper and complete installation of ECMs and confirm such installation in writing in accordance with the following:

(i) Projects that require the preparation of design documents by, or have had design documents prepared by a licensed professional engineer, a licensed architect or licensed architect-engineer team (except that projects involving the installation of insulation, windows, doors and lighting will not require inspection by a professional engineer), shall be inspected by a licensed professional engineer other than a licensed professional engineer, licensed architect or licensed architect-engineer team installing ECMs as part of such project; and

(ii) Projects that do not require professional design work, or any project involving the installation of insulation, windows, doors and lighting, shall be inspected by an inspector with qualifications approved by Bonneville.

(D) The Department shall obtain from the institution proof of final payment of all agreed upon costs for ECM installations.

(d) The Department shall pay an institution in accordance with OAR 330-068-0090 for installed ECMs.

(5) Performance bond. A performance bond shall be furnished and maintained in the amount of 100 percent of the project amount when the project amount exceeds $10,000 and when the Department has authorized progress payments for such project.

(6) The Department may limit the amount of TAS or ECM funding any single institution may receive, so long as such limitations do not result in unreasonable discrimination. Eligible institutions shall be notified of funding limitations at the beginning of each program cycle.

History

Statutory/Other Authority: ORS 183 & 469
Statutes/Other Implemented: ORS 469
DOE 3-1985, f. & ef. 3-20-85
DOE 5-1984, f. & ef. 4-3-84
DOE 11-1982, f. & ef. 12-17-82

Or. Admin. R. 330-068-0025 Obligated Measures

(1) The Department shall contract with an institution for TAS or ECM projects which meet the requirement of OAR 330-068-0020. The Department shall prepare and submit to Bonneville a request in the form of a table for each additional measure or group of measures for which obligations are created which extends past the end of the federal fiscal year. Each such table shall be prepared in accordance with procedures and format provided by Bonneville, and signed by the Department’s authorized contracting officer. Upon execution by Bonneville’s authorized contracting officer, such table shall become effective as of the date specified therein, provided such table is received by Bonneville on or before a date to be determined annually by Bonneville.

(2) Each table shall contain the following information, as appropriate:

(a) Name and address of:

(A) The building, or the facility other than a building, in which a measure or measures are being installed or completed; and

(B) The institution owning and operating the building or the facility other than a building;

(b) The estimated cost of ECMs comprising the project which are approved by the Department for funding;

(d) The estimated first year energy cost savings;

(e) Related Department administrative costs if applicable; and

(f) The date certain of installation or completion of such measure or measures and an estimated payment schedule for progress payments, if applicable.

(3) Upon execution by both parties of each table, the institution shall be obligated for the completion of the measure or measures in such table no later that the date certain established by such table, or an extension thereof in accordance with OAR 330-068-0065.

(4) Upon completion of such measure or measures, and the Department’s findings of compliance with the procedures of OAR 330-068-0020, the Department shall pay the institution in accordance with OAR 330-068-0090 for such measure or measures not to exceed the amounts specified in such table.

History

Statutory/Other Authority: ORS 183 & 469
Statutes/Other Implemented: ORS 469
DOE 3-1985, f. & ef. 3-20-85
DOE 5-1984, f. & ef. 4-3-84
DOE 11-1982, f. & ef. 12-17-82

Or. Admin. R. 330-068-0030 Payment Procedures

If a measure or measures recommended in the applicable TAS but not previously eligible for payment due to environmental restrictions become eligible for payment, the Department may:

(1) Pay retroactively for such measure or measures in accordance with the amounts established in OAR 330-068-0090, if such measure or measures were installed prior to the change in environmental restrictions; or

(2) Pay retroactively for the installation of such measure or measures in accordance with amounts established in OAR 330-068-0090 if such measure or measures are subsequently installed.

History

Statutory/Other Authority: ORS 183 & 469
Statutes/Other Implemented: ORS 469
DOE 3-1985, f. & ef. 3-20-85
DOE 5-1984, f. & ef. 4-3-84
DOE 11-1982, f. & ef. 12-17-82

Or. Admin. R. 330-068-0035 Limitation of Program Funds

In the event of a notice from Bonneville to the Department that sufficient funds may not be available to continue this program, the Department shall pay, in accordance with amounts established in OAR 330-068-0090, for TASs and ECMs which are completed by the date of such notice, and ECMs which are contractually obligated for by the Department in accordance with 330-068-0025 by the date of such notice, subject to the total amount established for each category in the approved budget.

History

Statutory/Other Authority: ORS 183 & 469
Statutes/Other Implemented: ORS 469
DOE 3-1985, f. & ef. 3-20-85
DOE 5-1984, f. & ef. 4-3-84
DOE 11-1982, f. & ef. 12-17-82

Or. Admin. R. 330-068-0040 Other Sources of Payment

The Department shall not pay for measures funded by a cost sharing grant under the U.S. Department of Energy Institutional Buildings Grants Program.

History

Statutory/Other Authority: ORS 183 & 469
Statutes/Other Implemented: ORS 469
DOE 3-1985, f. & ef. 3-20-85
DOE 5-1984, f. & ef. 4-3-84
DOE 11-1982, f. & ef. 12-17-82

Or. Admin. R. 330-068-0045 Retroactive Payment

(1) The Department may pay an institution, in accordance with amounts established in rule 330-068-0090, for technical assistance studies meeting the requirements in section (2) of this rule, and for installed energy conservation measures meeting the requirements of section (3) of this rule, the funds for which were contractually committed to on or after December 5, 1980, and prior to the date that the utility serving an institution’s building, or facility other than a building, was included in OAR 330-068-0080 as provided.

(2) Technical assistance studies are eligible for retroactive payment if they:

(a) Are comparable in quality and scope to a TAS performed in accordance with these rules;

(b) Resulted in accomplishment of O&M activities; and

(c) Resulted in the installation of energy conservation measures recommended in the technical assistance study, the cost of which were at least equal to the portion of the technical assistance study to be paid for by the Department.

(3) Energy conservation measures are eligible for retroactive payments if they were installed based on a recommendation contained in a study which is comparable in scope and quality to a TAS performed in accordance with these rules:

(a) Conditions:

(A) A measure must be “similar” to a measure included in this program. “Similar” means that a measure accomplishes the same purpose as and is comparable to a measure included in this program in enough ways that its effectiveness can be evaluated to a reasonable degree of certainty;

(B) For measures installed or completed after the date of offering of this program, but before the Department has executed such program, retroactive payments shall be made only for those measures which achieve conservation to an equal or greater degree than would be achieved by measures under this program, and which otherwise substantially conformed to or exceeded the materials and installation specifications referenced in the most current version of this program offered at the time the measures were installed or completed;

(C) When Bonneville has provided funds for the installation or completion of measures under another agreement which meet the requirements of paragraph (A) or (B) of this subsection, no retroactive payments shall be made with respect to such measures under this program;

(D) Retroactive reimbursement shall be made for measures installed or completed prior to the date the measures were contained in the operating area to the extent such measures reduce the firm load obligations of Bonneville. The Department shall determine such reimbursement by applying a ratio to the payment levels contained in this program for such measures, the numerator being the whole number of years remaining in the useful life of the measure on the date the measures are included in the operating area and the denominator being the total whole number of years in the useful life of the measure.

(b) Amounts: Retroactive reimbursement amounts for each measure installed or completed shall be those provided for in this program when the latter of the following occurred:

(A) The effective date of this program; or

(B) When the measure was accomplished.

(A) The Department shall request retroactive reimbursement using the same form or format as is used for prospective payments. Such request shall clearly indicate that it is a request for retroactive reimbursement. The Department shall also maintain supporting documents and records for verification of costs retroactively reimbursed in accordance with this subsection;

(B) The Department shall pay the amount owing to the institution under this subsection in a lump sum or in no more than six consecutive equal monthly installments, without interest, commencing after the date Bonneville advises the Department that its claims for retroactive reimbursement have been included in the Department’s approved budget.

(4) The Department shall inspect all measures for which an Institution is applying for retroactive payment and verify in writing the proper completion or installation of such measures.

(5) Requests for retroactive payment shall be submitted in the initial budget year or within 6 months of the date the operating area is expanded to include buildings, or facilities other than buildings, not previously eligible for retroactive payment.

(6) Any environmental prohibitions or requirement for mitigation measures contained in these rules shall apply to measures which are paid for in whole or in part retroactively in accordance with these rules.

History

Statutory/Other Authority: ORS 183 & 469
Statutes/Other Implemented: ORS 469
DOE 3-1985, f. & ef. 3-20-85
DOE 5-1984, f. & ef. 4-3-84
DOE 11-1982, f. & ef. 12-17-82

Or. Admin. R. 330-068-0050 Program Records

The institution shall maintain the following records concerning disbursement of Department funds:

(1) For energy audits (for buildings and occupied buildings only):

(a) O&M activities implemented by the institution in a building;

(b) Reason for not implementing O&M activities in accordance with OAR 330-068-0020(3)(b)(B).

(2) For TAS:

(a) Name and address of institution;

(b) Name and address of building, or facility other than a building;

(d) Name of utility serving building, or facility other than a building;

(e) Total electric energy use expressed in kWh/yr/sq ft;

(f) Building, or facility other than a building, size;

(g) Supporting documents and records necessary to verify actual TAS cost;

(h) Amount of Bonneville reimbursement;

(i) Copy of each completed energy audit for buildings and occupied buildings only;

(j) Copy of each completed TAS;

(k) Instances and reasons for not requiring solicitation of a qualification statement.

(l) O&M activities implemented by the institution in a facility other than a building;

(m) Reason for not implementing O&M activities in a facility other than a building, in accordance with OAR 330-068-0020(3)(c)(A).

(3) For ECM:

(a) Name and address of institution and building, or facility other than a building;

(b) Purpose for which the building, or facility other than a building, is used;

(d) Total estimated annual kilowatt hour savings;

(e) Building, or facility other than a building, size;

(f) Copy of applicable table of obligated measures, if appropriate;

(g) Date and amount of Bonneville reimbursement(s);

(h) Total cost of ECM installation;

(i) Supporting documents and records necessary to verify actual cost to the institution of all installed ECMs;

(j) Name of utility serving building, or facility other than a building;

(k) Local retail electricity rate at time of application for each building, or facility other than a building, funded;

(l) Ranking results;

(m) Data supporting kWh savings estimates;

(n) Reason for exempting ECM installation from three bid requirement in OAR 330-068-0020(4)(c)(B);

(o) Inspection report including dates of inspection and project completion.

(4) Records maintained by the institution in accordance with this program shall contain the information specified in these rules. The records shall be maintained by the institution in a form determined solely by the institution, so long as the requirements of section (5) of this rule are met. The institution shall keep all records required by these rules for three years after termination of the program. Further, the institution shall provide 90 days’ written notice to the Department prior to destruction of any such records.

(5) Program records shall be established and maintained in accordance with generally accepted accounting principles consistently applied, and in conformance with applicable laws and federal regulations, including the provisions of the Privacy Act of 1974. A summary of the system of records developed by Bonneville to comply with the Privacy Act shall be supplied by Bonneville.

History

Statutory/Other Authority: ORS 183 & 469
Statutes/Other Implemented: ORS 469
DOE 3-1985, f. & ef. 3-20-85
DOE 5-1984, f. & ef. 4-3-84
DOE 11-1982, f. & ef. 12-17-82

Or. Admin. R. 330-068-0055 Program Audits

The Department may, upon reasonable notice, conduct such audits, examinations, or inspections of the institution’s program records, and of the institution’s procedures under these rules as it deems appropriate. The number, timing, and extent of such audits shall be at the discretion of the Department, may be conducted by the Department staff or its designee, and shall be in accordance with audit standards established by the Comptroller General of the United States. The Department, at its expense, may:

(1) Audit and examine program records and accounts maintained by the institution pursuant to the program records sections of these rules;

(2) Request copies of such program records and accounts for audit purposes;

(3) Conduct random inspections of installations made under these rules; all such inspections shall be arranged in advance with the institution; and

(4) Review institution procedures employed in accomplishing the provisions of these rules.

History

Statutory/Other Authority: ORS 183 & 469
Statutes/Other Implemented: ORS 469
DOE 3-1985, f. & ef. 3-20-85
DOE 5-1984, f. & ef. 4-3-84
DOE 11-1982, f. & ef. 12-17-82

Or. Admin. R. 330-068-0060 Indemnification

The institution shall be an independent contractor in the implementation of this Program.

History

Statutory/Other Authority: ORS 183 & 469
Statutes/Other Implemented: ORS 469
DOE 3-1985, f. & ef. 3-20-85
DOE 5-1984, f. & ef. 4-3-84
DOE 11-1982, f. & ef. 12-17-82

Or. Admin. R. 330-068-0065 Extension of Time for Obligated Measures

The institution may, if needed, request an extension of the completion date of an obligated measure or measures contracted in accordance with OAR 330-068-0025. Such request must be submitted in writing, no later than 45 days prior to the approved completion date previously stated in the appropriate table, and shall contain the requested extension date and the reasons therefor. The Department shall notify the institution in writing, prior to the previous completion date, if the request has been granted, if a portion of the requested extension has been granted, or if the request has been denied.

History

Statutory/Other Authority: ORS 183 & 469
Statutes/Other Implemented: ORS 469
DOE 3-1985, f. & ef. 3-20-85
DOE 5-1984, f. & ef. 4-3-84
DOE 11-1982, f. & ef. 12-17-82

Or. Admin. R. 330-068-0070 Termination of Obligated Measures

(1) The Department may, by written notice of default to the institution, terminate any obligations created in accordance with OAR 330-068-0025 of this agreement as they pertain to any measure if such measure is not completed within the time specified therein, or by the time specified in an extension of time for an obligated measure or measures in accordance with 330-068-0065.

(2) In the event the Department terminates any obligations created in accordance with OAR 330-068-0025 as provided in section (1) of this rule, the Department may contract for the completion of such measure upon such terms and in such manner as the Department may deem appropriate, services similar to those so terminated, and the institution shall be liable to the Department for any excess costs incurred by the Department as a result of contracting for completion of such measure or measures.

(3) Unless the services to be furnished by the installer or the institution were obtainable from other sources in sufficient time to permit the institution to meet the required delivery schedule, the institution shall not be liable for any excess costs under section (2) of this rule if the failure to perform in accordance with these rules arises out of causes beyond the control and without the fault or negligence of the Department, institution, or installer. Such causes may include, but are not restricted to, acts of God or of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the control and without the fault or negligence of the Department, institution, or installer.

(4) The Department may withhold from amounts otherwise due the institution for such completed services such sum as the Department determines to be necessary to protect the Department against loss.

(5) The rights and remedies of the Department provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law.

History

Statutory/Other Authority: ORS 183 & 469
Statutes/Other Implemented: ORS 469
DOE 3-1985, f. & ef. 3-20-85
DOE 5-1984, f. & ef. 4-3-84
DOE 11-1982, f. & ef. 12-17-82

Or. Admin. R. 330-068-0075 Termination

If the Department has advanced progress payments for a project pursuant to OAR 330-068-0090, and such project is not completed by the institution in accordance with these rules, the institution shall be liable for excess costs incurred by the Department in contracting for the completion of such project.

History

Statutory/Other Authority: ORS 183 & 469
Statutes/Other Implemented: ORS 469
DOE 3-1985, f. & ef. 3-20-85
DOE 5-1984, f. & ef. 4-3-84
DOE 11-1982, f. & ef. 12-17-82

Or. Admin. R. 330-068-0080 Operating Area

The Department may operate this agreement in the service areas (or portions thereof) of the following firm requirements power sales customers of Bonneville:

(1) Ashland, City of;

(2) Bandon, City of;

(3) Blachly-Lane County Cooperative Electric Association;

(4) Canby Utility Board;

(5) Cascade Locks, City of;

(6) Central Electric Cooperative;

(7) Central Lincoln PUD;

(8) Clatskanie PUD;

(9) Columbia Basin Electric Cooperative;

(10) Columbia Power Cooperative;

(11) Columbia REA;

(12) Columbia River PUD;

(13) Consumers Power, Inc.;

(14) Coos-Curry Electric Cooperative, Inc.;

(15) Douglas Electric Cooperative, Inc.;

(16) Drain, City of;

(17) Emerald PUD;

(18) Eugene Water and Electric Board;

(19) Forest Grove, City of;

(20) Harney Electric Cooperative;

(21) Hood River Electric Cooperative;

(22) Lane Electric Cooperative;

(23) McMinnville, City of;

(24) Midstate Electric Cooperative;

(25) Milton-Freewater, City Light & Power;

(26) Monmouth, City of;

(27) Northern Wasco County People’s Utility District;

(28) Salem Electric;

(29) Springfield Utility;

(30) Surprise Valley Electrification Corporation;

(31) Tillamook PUD;

(32) U.S. Bureau of Mines;

(33) Umatilla Electric Cooperative;

(34) Wasco Electric Cooperative;

(35) West Oregon Electric Cooperative, Inc.

History

Statutory/Other Authority: ORS 183 & 469
Statutes/Other Implemented: ORS 469
DOE 3-1985, f. & ef. 3-20-85
DOE 5-1984, f. & ef. 4-3-84
DOE 11-1982, f. & ef. 12-17-82

Or. Admin. R. 330-068-0085 Project Ranking Formula

(1) TAS:

(a) The Department shall rank TAS applications for building or occupied building according to its potential for ECMs determined by a point system based on data presented in the energy audit submitted with the application;

(b) The Department shall fund TAS applications in rank order starting with the application with the highest ranking value.

(2) ECM:

(a) The Department shall rank ECM project applications using the following formula:

Project Payment = Ranking Value

(A) Project Payment = Summation of allowable ECM costs where the allowable cost of each ECM is determined by OAR 330-068-0090(2)(a);

(B) E = The summation of electrical energy savings from all ECMs, savings are equal to the life of each ECM multiplied by its estimated annual kilowatt hour savings.

(b) If a project application contains a direct application renewable resource component, that component of the project estimated first year kilowatt hour savings shall be increased by ten percent for ranking purposes only;

History

Statutory/Other Authority: ORS 183 & 469
Statutes/Other Implemented: ORS 469
DOE 3-1985, f. & ef. 3-20-85
DOE 5-1984, f. & ef. 4-3-84
DOE 11-1982, f. & ef. 12-17-82

Or. Admin. R. 330-068-0090 Payment Levels

(1) TAS: The Department shall reimburse the institution for actual costs for a TAS not to exceed $0.0108 multiplied by the institution’s electric energy use expressed in kWh/yr, or not to exceed an amount equal to the total estimated cost of those ECMs recommended in the TAS and approved by the Department, whichever is smaller. The Department reserves the right to question and request adjustments of costs for a TAS which are judged to be unreasonable:

(2) ECM:

(a) The Department shall reimburse the institution actual costs for an ECM. Such costs shall not exceed $0.292 multiplied by the estimated first year kWh savings, minus the estimated first year dollar savings. These savings are those associated with the energy use reduction determined by multiplying the building’s retail electric energy rate by its estimated annual kilowatt hour savings indicated by the TAS for such ECM;

(b) For ECM projects costing more than $10,000 but less than $200,000, progress payments may be made for ECMs upon 30 percent, 60 percent, and 100 percent completion, unless otherwise agreed to by Bonneville;

(c) For ECM projects costing more the $200,000, progress payments may be made for ECMs upon 30 percent, 60 percent, 80 percent, and 100 percent completion, unless otherwise agreed to by Bonneville.

History

Statutory/Other Authority: ORS 183 & 469
Statutes/Other Implemented: ORS 469
DOE 3-1985, f. & ef. 3-20-85
DOE 5-1984, f. & ef. 4-3-84
DOE 11-1982, f. & ef. 12-17-82

Division 69 INVESTOR OWNED UTILITY INSTITUTIONAL BUILDINGS PROGRAM

Or. Admin. R. 330-069-0005 Purpose

These rules describe how the Oregon Department of Energy (ODOE) will run a two-year Institutional Buildings Program. The program will be funded by four investor-owned utilities. The program is to save electricity in schools, hospitals, public care and government buildings, and eligible facilities other than buildings.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 5-1985, f. & ef. 6-17-85

Or. Admin. R. 330-069-0010 Compliance with Other Rules, Regulations, Codes and Standards

Projects in this program must comply with all applicable local, state and federal rules, regulations, ordinances, statutes, codes, and standards. These rules in no way alter the responsibility of the applicant for such compliance.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 5-1985, f. & ef. 6-17-85

Or. Admin. R. 330-069-0015 Definitions

(1) “IOU” means the investor-owned utilities listed in OAR 330-069-0075.

(2) “Administrative Costs” are costs allowed under OMB Circular A-87, “Cost Principles for State and Local Governments,” as amended.

(3) “Building” means any structure in which the efficient use of electricity can be improved through an ECM. Such building(s) must have been completed by October 28, 1982. The building(s) must be owned and operated by an institution.

(4) “Building Owner” means an institution which is the fee owner, mortgagor, or contract vendor of a building; or an institution which is a lessee or other occupant of a building with a lease which ends not before September 30, 1992, and which is authorized to install ECMs.

(5) “Care Institution” means:

(a) An institution for long-term care or rehabilitation, or a health center, as described in Section 1633 of the Public Health Service Act (42 U.S.C. 300s-3; 88 Stat. 2270); or

(b) A residential child care center, other than a foster home, which primary use is for fulltime care. Such center must provide care for at least ten minor persons who have an average stay of at least 30 days. Such persons must be in the care of the center because of a finding of abandonment or neglect, or because they need treatment or supervision.

(6) “Effective Date” means February 22, 1985.

(7) “Energy Audit (EA)” means the survey of a building by an energy auditor. Such survey is in accord with standards set by ODOE. The survey describes how a building uses energy. The survey will also find and list low-cost and no-cost operation and maintenance actions (O&M).

(8) “Energy Auditor” means a person certified by ODOE to do EAs under this program.

(9) “Energy Conservation Measure (ECM)” means to install material or equipment or take action to weatherize; or, actions to improve energy efficiency in electric water heating, space heating or cooling, ventilation, lighting, food preparation, motors, automatic energy control, and energy recovery.

(10) “Facility Other Than Buildings” includes but is not limited to:

(a) Sewage treatment plants;

(b) Potable water treatment and pumping systems;

(d) Parking structures;

(e) Stadia or arenas; and

(f) Outdoor swimming pools which were completed by October 28, 1982 and which are owned and operated by an institution.

(11) “Hospital” means an institution which provides hospital service under the laws of the State of Oregon. In these rules, the term excludes a hospital which main care is domiciliary.

(12) “Institution” means a nonprofit or a public institution in the service area of a utility listed in OAR 330-069-0075.

(13) “Licensed Professional (LP)” means a person who has an active engineer’s license granted by the State of Oregon; or is an engineer-architect team. The main members of such teams have active professional licenses granted by the State of Oregon.

(14) “Licensed Professional Engineer (PE)” means a person who has an active engineer’s license granted by the State of Oregon.

(15) “Nonprofit Institution” means a hospital, care institution, or a school which owner and operator is exempt from income tax under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code.

(16) “Occupied Building” (for buildings within facilities) means an enclosed structure that persons occupy for more than seven hours per week. Such building has a working heating and/or cooling system used for human comfort and/or for process environmental control.

(17) “Operation and Maintenance (O&M)” means to operate, maintain, repair and adjust equipment or components of buildings to improve energy efficiency.

(18) “OPUC” means the Oregon Public Utility Commissioner.

(19) “Owner” means the persons authorized to apply and accept funds for the building or facility and be in accord with section (4) of this rule.

(20) “Program” means the Institutional Buildings Program (IBP) funded by the investor owned utilities through an agreement with ODOE. The program is in effect from February 22, 1985, through October 30, 1987. All program projects must be complete and final payment authorized by October 30, 1987.

(21) “Project” means one or more ECMs, defined by a TAS, for which a building owner seeks ODOE funding approval.

(22) “Public Institution” means an institution owned and operated by:

(a) The federal government;

(b) The State of Oregon;

(d) A recognized governing body of an Indian tribe in the state; or

(e) A body that can perform general government functions under state or local authority.

(23) “School” means an institution which legally provides elementary, secondary, post-secondary, or vocational education on a day or residential basis.

(24) “Technical Assistance Analyst (TAA)” means a person(s) who:

(a) Has experience in energy conservation; and

(b) Is a LP as defined in section (13) of this rule.

(25) “Technical assistance study (TAS)” means a study done by a TAA which meets ODOE standards. A TAS analyzes the potential energy savings in a building or facility. It recommends ECMs that will achieve such savings.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 5-1985, f. & ef. 6-17-85

Or. Admin. R. 330-069-0020 Availability

The program funds are only for buildings and facilities for which ODOE accepted TA or ECM applications under the BPA/IBP in 1983. This limit does not apply to Idaho Power Company and CP National. All eligible buildings and facilities must be in the Oregon service area of the IOUs listed in OAR 330-069-0075.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 5-1985, f. & ef. 6-17-85

Or. Admin. R. 330-069-0025 Maximum Payment Levels

(1) TAS: ODOE shall set the maximum payment to the owner for a TAS as the smaller of:

(a) An amount equal to the actual cost of the TAS; or

(b) An amount not to exceed $0.0108 times the building’s kWh/yr use at the time the EA is completed or updated. ODOE reserves the right to question and adjust the cost of a TAS. The actual payment will be set as per OAR 330-069-0085(2).

(2) ECM:

(a) ODOE shall set the maximum payment for an ECM as the smaller of:

(A) An amount equal to the estimated cost of the ECM less the first year dollar savings stated in the TAS; or

(B) An amount not to exceed $0.292 times the estimated first year kWh savings, less the first year dollar savings stated in the TAS. The final payment will also be subject to OAR 330-069-0085(3).

(b) For projects that cost more than $10,000 but less than $200,000, progress payments may be made upon 30 percent, 60 percent, and 100 percent project completion, unless otherwise agreed to by the funding IOU and ODOE;

(c) For projects that cost more than $200,000, progress payments may be made upon 30 percent, 60 percent, 80 percent, and 100 percent project completion, unless otherwise agreed to by the funding IOU and ODOE.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 5-1985, f. & ef. 6-17-85

Or. Admin. R. 330-069-0030 Obligated Measures

(1) ODOE shall contract with an owner for projects that comply with OAR 330-069-0085. ODOE shall prepare and submit to each IOU a summary report for ECMs approved under such contract.

(2) When the owner and ODOE have signed a contract, the owner must complete the project no later than the date set by the contract, or its amendment in accordance with OAR 330-069-0060.

(3) When ODOE finds that the completed project complies with OAR 330-069-0085, ODOE shall request the funding IOU to pay the owner an amount not to exceed that set in 330-069-0025.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 5-1985, f. & ef. 6-17-85

Or. Admin. R. 330-069-0035 Payment Procedures

(1) ODOE shall approve TAS and ECM payments according to OAR 330-069-0025 and 330-069-0085. ODOE shall request the funding IOU to make payments.

(2) All payout of program funds shall be by the IOU as per ODOE’s approved requests.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 5-1985, f. & ef. 6-17-85

Or. Admin. R. 330-069-0040 Other Sources of Payment

ODOE shall not approve payment for a TAS or ECM funded by a cost sharing grant under the U.S. DOE/ICP.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 5-1985, f. & ef. 6-17-85

Or. Admin. R. 330-069-0045 Program Records

ODOE shall keep the following records about payment of program funds. ODOE shall make quarterly reports to the IOUs listed in OAR 330-069-0075 and the OPUC. The reports shall cover the status of all funded projects and of all funds approved:

(1) For energy audits (for buildings and occupied buildings only):

(a) O&M actions taken by the owner in a building;

(b) Reason why the owner did not take O&M actions in accord with OAR 330-069-0085(2)(b)(B).

(2) For TAS:

(a) Name and address of owner;

(b) Name and address of building, or facility other than a building;

(d) Name of utility serving building or facility;

(e) Total electricity use in kWh/yr/sq ft;

(f) Building or facility size;

(g) Records that prove actual TAS cost;

(h) Amount of the IOU payment;

(i) Copy of each completed EA (for buildings and occupied buildings only);

(j) Copy of each completed TAS;

(k) Reasons why the building owner did not submit a TAA qualification statement;

(l) O&M actions taken by the owner in a facility other than a building; and

(m) Reason why the owner did not take O&M actions in a facility other than a building, as per OAR 330-069-0085(2)(c)(A).

(3) For ECM:

(a) Name and address of owner and of building or facility;

(b) Purpose for which the building or facility is used;

(d) Total estimated yearly kilowatt hour savings;

(e) Building or facility size;

(f) Date and amount of the funding IOU payment(s);

(g) Total cost of ECM;

(h) Records that prove actual cost of all installed ECMs;

(i) Name of utility serving building, or facility other than a building;

(j) Local retail electricity cost for each funded building or facility other than a building. This shall be the serving utility cost of energy in effect at the time of the ECM application;

(k) Ranking results;

(l) Data that support kWh savings estimates;

(m) Reason for exempting ECM installation from competitive fixed price bids required by OAR 330-069-0085(3)(c)(B); and

(n) Report that includes the date and results of the on-site visit and project completion date.

(4) Records on this program kept by the owner shall contain the information stated in these rules. The records shall be kept by the owner in any form, so long as the requirements of section (5) of this rule are met. Such records shall be kept for three years after the program ends.

(5) Program records shall be set up and kept in accord with sound accounting rules and shall conform with laws and federal regulations that apply, including the Privacy Act of 1974.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 5-1985, f. & ef. 6-17-85

Or. Admin. R. 330-069-0050 Program Audits

ODOE, the funding IOU and/or the OPUC, upon reasonable notice and at their expense, may:

(1) Audit and inspect program records and accounts kept by the owner pursuant to these rules;

(2) Request copies of such program records and accounts for audit purposes;

(3) Conduct random inspections of ECMs done under these rules. All such inspections shall be arranged in advance with the owner; and

(4) Review methods by which the owner complies with these rules.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 5-1985, f. & ef. 6-17-85

Or. Admin. R. 330-069-0055 Indemnification

The owner shall be an independent contractor in this program.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 5-1985, f. & ef. 6-17-85

Or. Admin. R. 330-069-0060 Extension of Time for Obligated Measures

The owner may request to extend the completion date of a project contracted in accord with OAR 330-069-0030. A written request must be received by ODOE no less than 30 days before the completion date stated in the contract. The request shall include the new date to complete the project and the reason to extend the date. ODOE shall notify the owner in writing, if all or part of the request has been granted or denied. Requests for extension will be judged on a case by case basis. In no case will more than two extensions be granted for a single contract. In no case will an extension be granted that would prevent completion of the project in accord with OAR 330-069-0015(20).

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 5-1985, f. & ef. 6-17-85

Or. Admin. R. 330-069-0065 Termination of Obligated Measures

(1) ODOE and/or the funding IOU, by written notice of default to the owner, may terminate the contract and request that any funds received be paid back. This also includes any obligations created in accord with OAR 330-069-0030 if any measure is not completed within the time stated in the contract or any amendment thereof.

(2) ODOE may request the funding IOU to withhold payment from the owner for completed services. Such amount will be that which ODOE deems necessary to protect the IOU and ODOE against loss.

(3) The rights and remedies of OPUC, the IOU and ODOE set forth in this section shall not be exclusive. They are in addition to any other lawful rights and remedies.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 5-1985, f. & ef. 6-17-85

Or. Admin. R. 330-069-0070 Termination

If the IOU has made progress payments for a project under OAR 330-069-0025, and such project is not completed by the owner in accord with these rules, the owner shall be liable for excess costs paid by the funding IOU to complete such project. The owner shall be liable for refund to the IOU all or part of any payments received, as ODOE may decide.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 5-1985, f. & ef. 6-17-85

Or. Admin. R. 330-069-0075 Operating Area

ODOE shall run this program in the Oregon service areas of these IOUs:

(1) CP National;

(2) Idaho Power Company;

(3) Pacific Power and Light Company;

(4) Portland General Electric Company.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 5-1985, f. & ef. 6-17-85

Or. Admin. R. 330-069-0080 Project Ranking Formula

(1) TAS:

(a) ODOE shall rank TAS applications for a building or occupied building by its potential for ECMs. Rank shall be set by a point system based upon data in the EA;

(b) ODOE shall approve for funding qualified TAS applications in rank order starting with the highest ranked application.

(2) ECM:

(a) ODOE shall rank ECM Project applications by this formula:

Project Payment = Ranking Value

(A) Project Payment = The sum of allowable ECM costs where the allowable cost of each ECM is determined by OAR 330-069-0025(2)(a);

(B) E = The sum of electricity savings from all ECMs; savings are equal to the life of each ECM times its estimated yearly kilowatt hour savings.

(b) Any direct application renewable resource part of a project shall not be ranked or funded;

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 5-1985, f. & ef. 6-17-85

Or. Admin. R. 330-069-0085 Program Procedures

ODOE shall run the program for the IOUs listed in OAR 330-069-0075. ODOE will provide information and monitor the program to insure the program is in accord with these rules:

(1) Energy audit (EA). ODOE shall give owners a list of ODOE certified energy auditors and forms for energy audits for buildings and occupied buildings only.

(2) Technical Assistance Studies (TAS):

(a) ODOE shall ask for, judge, rank, and select for funding applications for TAS. Ranking shall be in accord with OAR 330-069-0080(1). ODOE shall inform applicants in writing whether or not they have been chosen for funding;

(b) ODOE shall ensure that the requirements in paragraphs (A) through (E) of this subsection are met before authorizing payment for a TAS (for buildings and occupied buildings only):

(A) An EA has been done by an ODOE certified energy auditor;

(B) All O&M actions listed in the EA have been taken by the owner, except those which ODOE judges need not be done;

(C) The owner has sought TAA qualifications of doing the TAS before choosing a TAA, unless otherwise agreed to by ODOE and the owner;

(D) The TAS has been done by a qualified TAA and has been reviewed and approved by ODOE;

(E) The owner has given ODOE proof of payment to the TAA of all agreed upon costs for the TAS.

(c) ODOE shall ensure that the requirements in paragraphs (A) through (D) of this subsection are met before authorizing payment for a TAS (for facilities other than buildings):

(A) All O&M actions listed in the facilities TAS have been taken by the owner, except those which ODOE judges need not be done;

(B) The owner has sought qualifications of TAAs. The TAAs chosen must have at least one year of proven experience in the design or operation of the particular type facility under study unless otherwise agreed to by ODOE and the owner;

(D) The owner gives ODOE proof of payment to the TAA of all agreed upon costs for doing the TAS.

(d) ODOE shall authorize payment to an owner an amount not more than that which is in accord with OAR 330-069-0025(1). Such payment shall be authorized when the TAS is done in accord with the above requirements and when conditions in either of paragraph (A) or (B) of this subsection are met:

(A) The owner has installed or agrees in writing to install, at the owner’s own expense, approved ECMs recommended in the TAS. The total cost of these ECMs shall be at least equal to 50 percent of the TAS amount;

(B) The owner agrees in writing to install, upon approval of funding, approved ECMs recommended in the TAS. The total cost of these ECMs shall be at least equal to 50 percent of the TAS amount. If an owner has received any part of the TAS amount and does not install such ECMs, ODOE shall require the owner to pay back the funding IOU any part of the payment which exceeds 50 percent of the TAS amount;

(C) ODOE shall not authorize payment to the owner the total of its TAS amount if one of either paragraph (A) or (B) of this subsection is not satisfied and if:

(i) The TAS does not recommend any eligible electricity ECMs even if the TAS does meet the requirements in subsection (2)(b) or (c) of this rule. In this case, ODOE will authorize payment of an amount equal to 50 percent of the TAS amount only; or if

(ii) The total estimated cost of doing the recommended eligible ECMs is less than 50 percent of the TAS amount, even if the TAS meets requirements in subsection (2)(b) or (c) of this rule. In this case, the payment to the owner authorized by ODOE will be reduced by an amount equal to the difference between 50 percent of the TAS amount and the total estimated implementation cost.

(3) Energy Conservation measures (ECMs):

(a) ODOE shall ask for, judge, and select projects for funding. ODOE shall inform applicants in writing whether or not they have been chosen for funding;

(b) ODOE shall comply with paragraphs (A) through (F) of this subsection before approving a project application for funding:

(A) ODOE shall provide a PE, other than the TAA who did the TAS, to review and certify that energy savings and project cost calculations of ECMs recommended in the TAS were done by standard engineering methods. The PE will also certify that only ECMs recommended in a TAS are included in a project;

(B) ODOE shall rank and select for funding projects in accord with the ranking formula for ECMs in OAR 330-069-0080(2)(a), if requests for project funding exceed the funds available from the funding IOU;

(i) Installation of low-pressure sodium (LPS) vapor lights indoors;

(ii) Use of high pressure sodium (HPS) vapor lights indoors, except for:

(I) General lighting in warehouses with low visual demand activities and short duration occupancies, with warning signs and danger signals that have an independent lightsource, where HPS fixtures or rows of fixtures are staggered on a multiple phase circuitry; and for

(II) High visual demand lighting in high bay areas, as defined by the Illuminating Engineering Society Lighting Handbook, where the mixture of HPS to incandescent, fluorescent, or metal halide fixtures is at least 1-to-1 with similar lumen output from both types of fixtures and the HPS fixtures are staggered on a multiple phase circuitry.

(iii) Removal or disturbance of previously installed asbestos;

(iv) Installation of Urea Formaldehyde Foam Insulation (UFFI).

(D) ODOE shall ensure that program funds are not used for ECMs which are environmentally restricted, and/or for projects which affect indoor air quality;

(E) ODOE shall not approve funding for any ECM based on a direct application renewable resource;

(F) ODOE shall obtain from the owner a written agreement to indemnify the funding IOU and hold it harmless from and against all claims and liability and expenses, including reasonable attorneys fees, arising from the negligent or other tortious acts or omissions of the owner’s officers, agents, or employs.

(c) ODOE shall comply with paragraphs (A) through (D) of this subsection before authorizing the payment of funds to owners for completed projects:

(A) For projects that have had design documents prepared by a LP, ODOE shall provide a PE, other than the LP who prepared the design documents, to review the design documents before bid release. The PE will verify that the project design is in accord with the TAS and with standard engineering practice. The PE also will verify if the project can be expected to produce the energy savings stated in the TAS;

(B) ODOE shall ensure that the owner has sought competitive fixed price bids for doing the project unless otherwise agreed to by ODOE and the owner. ODOE shall also ensure that the installer has been chosen on the basis of price and capability;

(D) ODOE shall obtain from the owner proof of payment of all agreed upon costs for the project.

(d) ODOE shall authorize payment to an owner in accord with OAR 330-069-0025(2) for installed ECMs.

(4) ODOE may limit the amount of ECM funding any single owner may receive, so long as such limits are applied fairly.

[Publication: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 316.088
DOE 5-1985, f. & ef. 6-17-85

Or. Admin. R. 330-069-0090 Amendments

These rules may be amended from time to time as needed on agreement of the IOUs listed in OAR 330-069-0075, OPUC and ODOE.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 316.088
DOE 5-1985, f. & ef. 6-17-85

Division 70 TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES

Or. Admin. R. 330-070-0010 Purpose

(1) The department will grant or deny tax credits in accordance with ORS 469B.100 through 469B.118 and ORS 316.116 which allow tax credits for Alternative Energy Devices (AEDs).

(2) These rules establish the criteria and standards for issuance of tax credits for AEDs. None of these rules replace any building code requirements.

(3) All decisions made by the department regarding AED eligibility, approval of tax-credit technician status, complaints regarding performance of tax-credit technicians, revocation of tax-credit technician status and other matters relating to the administration of this program after the effective date of these rules will be made consistent with the criteria and standards contained in these rules.

(4) The amendments to these rules apply to AEDs purchased on or after January 1, 2017.

History

Statutory/Other Authority: ORS 469.040 & 469B.103
Statutes/Other Implemented: ORS 469B.100-469B.118 & 316.116
DOE 8-2016, f. 12-29-16, cert. ef. 1-1-17
DOE 6-2015, f. 11-9-15, cert. ef. 1-1-16
DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15
DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13
DOE 16-2010, f. & cert. ef. 12-22-10
DOE 7-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
DOE 7-2008, f. 10-31-08, cert. ef. 11-1-08
DOE 4-2007, f. 11-30-07, cert. ef. 12-1-07
DOE 4-2006, f. 12-29-06, cert. ef. 1-1-07
DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06
DOE 1-2004, f. & cert. ef. 1-21-04
DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01
DOE 2-2000, f. 12-29-00, cert. ef. 1-1-01
DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00
DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98
DOE 1-1996, f. & cert. ef. 4-1-96
DOE 1-1995, f. & cert. ef. 1-17-95
DOE 2-1989, f. 12-28-89, cert. ef. 1-1-1990
DOE 1-1989, f. & cert. ef. 6-15-89
DOE 4-1987, f. 12-18-87, ef. 1-1-88
DOE 1-1986, f. & ef. 2-7-86
DOE 6-1983, f. 12-16-83, ef. 1-1-84
DOE 1-1982, f. 1-12-82, ef. 2-1-82
DOE 6-1979, f. & ef. 11-13-79
DOE 5-1978, f. & ef. 9-27-78
DOE 3-1978, f. & ef. 3-7-78
DOE 12(Temp), f. & ef. 10-14-77

Or. Admin. R. 330-070-0013 Definitions

For the purposes of Oregon Administrative Rules, chapter 330, division 70 the following definitions apply unless the context requires otherwise:

(1) “Alternative Energy Device” (AED) — has the meaning provided in ORS 469B.100 and includes a category one alternative energy device or a category two alternative energy device.

(2) “Alternative Fuel” — means any fuel other than gasoline or diesel oil such as electricity, natural gas, ethanol, methanol, propane, and any other fuel approved by the Director.

(3) “Alternative Fuel Device” — has the meaning provided in ORS 469B.100, and includes a facility for mixing, storing, compressing or dispensing fuels for alternative fuel vehicles, and any other necessary and reasonable equipment. Does not include the purchase of an alternative fuel vehicle.

(4) “Annual Fuel Utilization Efficiency” (AFUE) — means a thermal efficiency measurement of combustion equipment like furnaces, boilers, and water heaters. The AFUE differs from the true 'thermal efficiency' in that it is not a steady-state, peak measure of conversion efficiency, but instead attempts to represent the actual, season-long, average efficiency of that piece of equipment.

(5) “Applicant” — means an individual, estate or trust subject to tax under ORS chapter 316, who applies for a residential energy tax credit under this division of rules.

(6) “British Thermal Unit” (Btu) — means a unit of energy. One Btu is the amount of heat required to raise the temperature of one pound of water by one degree Fahrenheit.

(7) “Coefficient of Performance” (COP) — means the measurement of how efficiently a heating or cooling system (particularly a heat pump in its heating mode) will operate at a given outdoor temperature condition. The ratio calculated by dividing the usable output energy by the electrical input energy. Both energy values must be expressed in equivalent units.

(8) “Department” — means the Oregon Department of Energy, unless specified otherwise.

(9) “Domestic Water Heating” — has the meaning provided in ORS 469B.100 and does not include space heating systems.

(10) “Dwelling” — has the meaning provided in ORS 469B.100.

(a) Dwelling includes, but is not limited to, a single-family residence or an individual unit within multiple unit residential housing.

(b) Dwelling does not include a mobile home or recreational vehicle as defined in ORS 446.003.

(11) “Energy-Efficient Appliance” — has the meaning provided in ORS 469B.100, which includes emerging technologies that exceed code or standards as specified in ORS 469B.100 and these rules.

(12) “Energy Factor” (EF) — means a metric used to compare relative efficiencies of water heaters. The higher the EF is, the more efficient the water heater. EF is determined by the USDOE test procedure, Code of Federal Regulations, Title 10, Section 430.

(13) “Energy Use Index” (EUI) — means an index used for Energy Recovery Ventilators (ERV) or Heat Recovery Ventilators (HRV) to determine its electric efficiency, and calculated by dividing a model's power consumption, in watts, by the net supply air delivered, in cubic feet per minute (cfm), while the unit is operating in the lowest speed for which performance data is provided in the Home Ventilating Institute (HVI) Directory.

(14) “Fireplace Efficiency (FE)” — means a measure of a natural gas or propane fireplace’s energy efficiency performance over an entire heating season and is expressed as a percentage. The higher the rating, the more efficient the unit. The testing method used to establish Fireplace Efficiency is CAN/CSA-P.4.1-09 (R2014).

(15) “First Year Energy Savings” — means the first year energy yield as defined in ORS 469B.100. Energy savings is calculated under average conditions by an AED in 12 consecutive months of typical operation.

(16) “Fuel Cell Stack” — means she portion of a fuel cell system where the electrochemical reactions take place, generally consisting of an anode, an electrolyte, and a cathode and supporting systems bringing fuel to the stack and carrying away the electricity, electrochemical products and thermal energy generated.

(17) “Fuel Cell System” — means a system for producing electricity electrochemically and non-reversibly, using a hydrogen rich fuel and oxygen, and producing an electric current, water, and thermal energy.

(18) “Geothermal System” — means a heating and air-conditioning system, earth-coupled heat pump, geothermal heat pump or ground loop AED.

(19) “Heating Season Performance Factor” (HSPF) — means the measurement of how efficiently a heat pump will operate in a heat mode over an entire normal heating season. HSPF is measured according to test procedures defined by Air-Conditioning, Heating, and Refrigeration Institute (AHRI) in its Standard 210/240 as well as American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 116 and the USDOE Test Procedure in 10 CFR; Part 430, Appendix M.

(20) “Ineligible Costs” — means the costs not allowed for determining the tax credit, including, but not limited to, finance charges, maintenance costs, service contracts, or extended warranty.

(21) “Operating Guidelines” (OG) — means the guidelines developed by the Solar Rating and Certification Corporation (SRCC) including system performance or component characteristics defined by SRCC in its directory.

(22) “Operational Date” — means the date when final inspection is completed by a local jurisdiction for an AED and the AED is fully operational.

(23) “Owner-Built” — means an AED that is assembled and installed on an owner's property and with an owner's labor only.

(24) “Passive” — means a solar AED that relies on heated liquid or air rising to collect, store and move heat without assistance from any mechanical devices.

(25) “Passive Solar Space Heating” — means a system or building design that collects and stores solar energy received directly through south facing windows. The system/design is without powered moving parts and includes provisions to collect, store and distribute the sun's energy using only convection, radiation and conduction of energy.

(26) “Pass-through Amount” — means the sum, equal to the present value of the credit, paid to an eligible AED owner in exchange for the right to claim the tax credit. The present value of the tax credit will be determined periodically by the Director.

(27) “Pass-through Partner” — means an individual, estate or trust subject to tax under ORS chapter 316 that pays the pass-through amount to an applicant and receives the tax credit in place of the applicant.

(28) “Pass-through Verification” — means a determination based on information collected by the department that the approved pass-through amount has been provided, that the applicant has relinquished any claim to the tax credit and has assigned the credit to the pass-through partner.

(29) “Photovoltaic System” — means a complete solar electric power system capable of delivering power to either the main or sub-panel in a dwelling. Necessary components include solar electric modules, inverter, mounting system, and disconnection equipment.

(30) “PowerClerk” — means an online incentive application processing tool used in processing residential photovoltaic system applications.

(31) “Premium Efficiency Biomass Combustion Device” — means any device that burns wood, compressed wood or other non-gaseous or non-liquid solid fuels of 100 percent organic origin for aesthetic or space-heating purposes.

(32) “Purchase Date” — means the date when the first down payment is made by the applicant on a contract or invoice for an AED. The applicant must provide confirmation of the purchase date to the department.

(33) “Sealed Duct System” — means a forced air duct system that has been repaired or constructed for premium efficiency. For purposes of the tax credit, sealed duct systems are considered energy-efficient appliances.

(34) “Sensible Recovery Efficiency” (SRE) — means, in an HRV or ERV, the measurable (sensible) energy recovered to the ventilation supply air stream minus supply fan and preheat coil energy use divided by the total sensible energy being exhausted plus exhaust fan energy. This measure of efficiency accounts for the effects of cross leakage between air streams, purchased energy for fan controls, and defrost system energy use.

(35) “Solar Domestic Water Heating System” — means any configuration of plumbing equipment and components to collect, convey, store and convert the sun’s energy for the purpose of heating water.

(36) “Solar Electric AC Module” — means a solar photovoltaic module coupled with a utility interactive inverter (i.e. micro inverter). The combined system must be Underwriters Laboratory (UL) listed and meet all current Institute of Electronic and Electrical Engineers (IEEE) 929 requirements.

(37) “Solar Labor Costs” — means the cost of labor necessary for the installation of a solar powered AED.

(38) “Solar Material Costs” — means the total cost of all parts necessary for the installation of a solar powered AED.

(39) “Solar Site Assessment” — means a form or report issued or approved by the department, and completed, signed and dated by a tax-credit technician demonstrating the Total Solar Resource Fraction (TSRF) at the site of the solar thermal collector(s) or photovoltaic array. The assessment must represent the point on the array with the lowest TSRF, depict whether any plant life near the array is made up of evergreen or deciduous trees and estimate the effects of 20 years future plant growth.

(40) “Standard Test Conditions” (STC) — As applicable to photovoltaic panels, means 25 degrees Celsius cell temperature and 1000 watts per square meter (W/m2).

(41) “System Certification” — means the certification that an AED as described in an application for tax credit meets all criteria for the tax credit.

(42) “System Cost” — means the costs allowed for determining the tax credit, include material cost, labor cost, and costs for design and acquisition.

(43) “Tax-Credit Technician” (TCT) — means a person who has received a “contractor system certification” as used in ORS 469B.106(5). A technician who has been approved by the department to implement the tax credit program. A tax-credit technician is responsible for assuring that AEDs are installed in accordance with the department’s rules and must verify system installation quality and performance.

(44) “Thermal Efficiency” (TE) — means the performance measurement of the output energy divided by the input energy in a system. Thermal efficiency indicates how well an energy conversion or transfer process is accomplished.

(45) “Third-party” — means the owner, or the owner’s representative, of the alternative energy device for the duration of the third-party agreement.

(46) “Third-party alternative energy device installation” — has the definition given in ORS 469B.100.

(47) “Total Solar Resource Fraction” (TSRF) — means the fraction of usable solar energy that is received by the solar panel/collector throughout the year, which accounts for impacts due to external shading, collector tilt and collector orientation.

(48) “Uncertified Woodstove” — means a solid fuel burning device that burns wood, coal or other nongaseous or non-liquid fuels for aesthetic, space-heating or water heating purposes that has not been certified as meeting emission performance standards set by the U.S. Environmental Protection Agency.

History

Statutory/Other Authority: ORS 469.040, 469B.103, 469B.106 & 316.116
Statutes/Other Implemented: ORS 469B.100-469B.118 & 316.116
DOE 8-2016, f. 12-29-16, cert. ef. 1-1-17
DOE 6-2015, f. 11-9-15, cert. ef. 1-1-16
DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15
DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13
DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12
DOE 16-2010, f. & cert. ef. 12-22-10
DOE 7-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
DOE 4-2007, f. 11-30-07, cert. ef. 12-1-07
DOE 4-2006, f. 12-29-06, cert. ef. 1-1-07
DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06
DOE 1-2004, f. & cert. ef. 1-21-04
DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01
DOE 2-2000, f. 12-29-00, cert. ef. 1-1-01
DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00
DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98
DOE 1-1996, f. & cert. ef. 4-1-96
DOE 1-1995, f. & cert. ef. 1-17-95
DOE 2-1989, f. 12-28-89, cert. ef. 1-1-90
DOE 1-1989, f. & cert. ef. 6-15-89
DOE 4-1987, f. 12-18-87, ef. 1-1-88, Renumbered from 330-070-0023
DOE 1-1986, f. & ef. 2-7-86
DOE 1-1982, f. 1-12-82, ef. 2-1-82

Or. Admin. R. 330-070-0014 Pass-Through Eligibility

(1) An individual, estate or trust subject to tax under ORS chapter 316 that pays the present value to purchase the approved tax credit from the applicant may be eligible to claim the tax credit in place of the applicant.

(2) In accordance with ORS 469B.106(10), the department establishes the following rates for calculating the present value of the tax credit:

(a) For tax credits greater than $1,500 the present value is 90 percent of the tax credit amount.

(b) For tax credits less than $1,500 the present value is 95 percent of the tax credit amount.

(3) The department will issue a credit certificate to the pass through partner when the applicant confirms receipt of an amount equal to the present value of the tax credit and relinquishes any claim to the credit.

(4) A tax credit may be transferred or sold only once.

(5) A tax credit may not be transferred in portions. Only the whole tax credit amount may be transferred.

(6) The department must receive a pass-through application on or before June 1, 2018.

History

Statutory/Other Authority: ORS 469.040 & 469B.106; 469B.109
Statutes/Other Implemented: ORS 469B.100–469B.118 & 316.116
DOE 8-2016, f. 12-29-16, cert. ef. 1-1-17
DOE 6-2015, f. 11-9-15, cert. ef. 1-1-16
DOE 9-2014, f. 12-29-14, cert. ef. 1-1-15
DOE 8-2013, f. 12-27-13, cert. ef. 1-1-14
DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13
DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12
DOE 16-2010, f. & cert. ef. 12-22-10
DOE 4-2007, f. 11-30-07, cert. ef. 12-1-07
DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06
DOE 1-2004, f. & cert. ef. 1-21-04
DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01

Or. Admin. R. 330-070-0020 Eligibility

(1) To qualify for a credit, a person must meet all of the following:

(a) Be subject to Oregon personal income tax.

(b) Purchase an AED, complete construction, install an AED in or at an Oregon dwelling, and obtain a certification in accordance with OAR 330-070-0010 through 330-070-0097.

(A) Use the dwelling as a primary or secondary residence; or

(B) Rent or lease the dwelling to a tenant who uses the dwelling or dwellings as a primary or secondary residence.

(2) Notwithstanding (1)(b), a residential property owner may qualify for a credit for an AED that is a third-party alternative energy device installation by meeting the following additional requirements:

(a) Installations must include a minimum 10-year agreement between the residential property owner and the third-party owner of the AED. The agreement must cover maintenance of the AED and either the use of the AED or the power generated by the AED for the entire length of the agreement.

(b) The third-party must comply with OAR 330-070-0029.

(c) The applicant must provide system cost information for third-party AED installations. System cost can be demonstrated by providing either a copy of an invoice for the purchase of the AED by the third-party owner, or a declaration from the third-party owner of representative market value for an AED that includes the costs of supply and installation. Such a declaration must include a list of primary system components and their pricing, itemizing material pricing separately from installation pricing.

History

Statutory/Other Authority: ORS 469.040 & 469B.103
Statutes/Other Implemented: ORS 469B.100–469B.118 & 316.116
DOE 6-2015, f. 11-9-15, cert. ef. 1-1-16
DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15
DOE 8-2013, f. 12-27-13, cert. ef. 1-1-14
DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13
DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12
DOE 16-2010, f. & cert. ef. 12-22-10
DOE 4-2006, f. 12-29-06, cert. ef. 1-1-07
DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06
DOE 1-2004, f. & cert. ef. 1-21-04
DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01
DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00
DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98
DOE 4-1987, f. 12-18-87, ef. 1-1-88
DOE 1-1986, f. & ef. 2-7-86
DOE 7-1984, f. & ef. 12-19-84
DOE 6-1983, f. 12-16-83, ef. 1-1-84
DOE 1-1982, f. 1-12-82, ef. 2-1-82
DOE 6-1979, f. & ef. 11-13-79
DOE 5-1978, f. & ef. 9-27-78
DOE 3-1978, f. & ef. 3-7-78
DOE 12(Temp), f. & ef. 10-14-77

Or. Admin. R. 330-070-0021 Eligible Devices

(1) To be eligible for a tax credit, an AED must meet all of the following:

(a) Be a complete system that is currently operating and meets these rules.

(b) Be a system that is built, installed, and operated in or at an Oregon dwelling in accordance with ORS 469B.100 through 469B.118, the AED manufacturer’s instructions and all applicable codes and standards.

(c) Be a system with manufacturers’ warranties against defects in products and materials, including remanufactured equipment.

(d) Be a system that complies with general and specific standards in these rules as they apply to AED systems and listed in OAR 330-070-0059 through 330-070-0097.

(e) Be a single system, which must be fully functional without the assistance of or component sharing with another system. Regardless of the number of components, a system must be controlled and able to distribute its result separate of any other system. Two or more units that share controls, a ductwork distribution system or hydronic distribution system will be considered a single system. This subsection does not apply to category two alternative energy devices.

(2) The following devices are not eligible for an AED tax credit, including those listed in ORS 469B.112:

(a) Standard efficiency furnaces;

(b) Standard back-up heating systems;

(c) Wood stoves or wood furnaces, or any part of a heating system that burns wood except a qualifying premium efficiency biomass combustion device;

(d) Heat pump water heaters that are part of a geothermal heat pump space heating system;

(e) Structures that cover or enclose a swimming pool and are not attached to the dwelling;

(f) Swimming pools and hot tubs used to store heat;

(g) Photovoltaic systems installed on recreational vehicles;

(h) Additions to existing spa and hot tub systems;

(i) Above-ground, uninsulated swimming pools, spas and hot tubs;

(j) Conversions of systems from one type to another. An example is a conversion of a draindown solar hot water system to a drainback solar hot water system;

(k) Used equipment, which is any product or any piece of equipment not under a current manufacturer’s warranty or which has been acquired by a previous owner or user, not including remanufactured equipment that meets program standards;

(L) Repairs and maintenance of systems having received prior certification for an AED tax credit;

(m) Hydro systems;

(n) Wind systems that are used to heat or cool buildings, or to heat domestic, swimming pool or hot tub water;

(o) Systems or projects that received certification under the Energy Incentives Program or the Business Energy Tax Credit program;

(p) Air Conditioning Systems;

(q) Boilers;

(r) Dishwashers;

(s) Refrigerators and Freezers;

(t) Clothes Washers and Dryers; and

(u) Photovoltaic systems participating in the pilot Feed-In Tariff program under ORS 757.365.

History

Statutory/Other Authority: ORS 469.040, 469B.103, 469B.112 & 316.116
Statutes/Other Implemented: ORS 469B.100–469B.118 & 316.116
DOE 6-2015, f. 11-9-15, cert. ef. 1-1-16
DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15
DOE 8-2013, f. 12-27-13, cert. ef. 1-1-14
DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13
DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12
DOE 16-2010, f. & cert. ef. 12-22-10
DOE 4-2007, f. 11-30-07, cert. ef. 12-1-07
DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06
DOE 1-2004, f. & cert. ef. 1-21-04
DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01
DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00
DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98
DOE 1-1996, f. & cert. ef. 4-1-96
DOE 1-1995, f. & cert. ef. 1-17-95
DOE 2-1989, f. 12-28-89, cert. ef. 1-1-90
DOE 1-1989, f. & cert. ef. 6-15-89
DOE 4-1987, f. 12-18-87, ef. 1-1-88
DOE 1-1986, f. & ef. 2-7-86

Or. Admin. R. 330-070-0022 Amount of Tax Credit

(1) The amount of the AED tax credit is based on the first-year energy savings of an eligible AED. The department has determined first-year energy savings estimates for eligible AEDs and associated tax credit amounts, which are listed in the RETC Rate Chart. The energy savings basis for a solar tax credit may be adjusted by the department to account for less than optimal solar access.

(2) The amount of the AED tax credit may not exceed the lesser of:

(a) For AEDs used for space heating, cooling, electrical energy or domestic water heating, other than an AED using solar radiation for domestic water heating or electric heat pump water heater, $1,500 or the first-year energy savings of the AED in kWh multiplied by 60 cents. The amount of the credit may not exceed 50 percent of the cost of the AED and materials directly associated with the installation or construction of the AED.

(b) For electric heat pump water heaters rated as a Northern Climate Specification Product Tier 1, $1,500 or the first-year energy savings of the AED in kWh multiplied by 28 cents. The amount of the credit may not exceed 50 percent of the cost of the AED and materials directly associated with the installation or construction of the AED.

(c) For electric heat pump water heaters rated as a Northern Climate Specification Product Tier 2 or greater, $1,500 or the first-year energy savings of the AED in kWh multiplied by 38 cents. The amount of the credit may not exceed 50 percent of the cost of the AED and materials directly associated with the installation or construction of the AED.

(d) For AEDs that use solar radiation for domestic water heating:

(A) The incentive rate is based on when the system is certified as operational as of the date of the final inspection:

(i) Before September 1, 2015, $1,500 or the first-year energy savings of the AED in kWh multiplied by 60 cents. The amount of the credit may not exceed 100 percent of the cost of the system components and their installation.

(ii) On or after September 1, 2015 and for tax years beginning on or after January 1, 2015, the first-year energy savings of the AED in kWh multiplied by $2.00, or 50 percent of the cost of the system components and their installation, not to exceed $6,000. The maximum credit claimed per year may not exceed $1,500.

(B) The tax credit is calculated:

(i) Prior to September 1, 2015, by multiplying the Solar Rating and Certification Corporation (SRCC) savings estimate for the appropriate zone, times the Total Solar Resource Fraction (TSRF), times the incentive rate.

(ii) On or after September 1, 2015, by multiplying the Solar Rating and Certification Corporation (SRCC) savings estimate for the appropriate zone times the incentive rate.

(e) For AEDs used for swimming pool, spa or hot tub heating, other than an AED using solar radiation for swimming pool heating, the first-year energy savings of the AED in kWh multiplied by 15 cents, up to 50 percent of the eligible cost of the AED, including the cost of materials directly associated with the installation or construction of the AED and their installation, or $1,500.

(f) For AEDs using solar radiation for swimming pool heating:

(A) The incentive rate is based on when the system is certified as operational as of the operational date reported on the RETC application form:

(i) Before September 1, 2015, the first-year energy savings of the AED in kWh multiplied by 15 cents, up to 50 percent of the eligible cost of the system components and their installation, or $1,500.

(ii) On or after September 1, 2015 and for tax years beginning on or after January 1, 2015, the first-year energy savings of the AED in kWh multiplied by $0.20, or 50 percent of the cost of the system components and their installation, not to exceed $2,500. The maximum credit claimed per year may not exceed $1,500.

(B) The tax credit is calculated by multiplying the collector area in square feet, times the number of collectors, times the solar output by zone, times the incentive rate.

(i) 30 kWh/ft2 for systems located in Zone 1 which is areas not in Zone 4 of the following counties: Benton, Clackamas, Clatsop, Columbia, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Washington and Yamhill.

(ii) 30 kWh/ft2 for systems located in Zone 2 which is areas not in Zone 4 of the following counties: Coos, Curry, Douglas, Jackson and Josephine.

(iii) 35 kWh/ft2 for systems located in Zone 3 which is the following counties: Baker, Crook, Deschutes, Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco and Wheeler.

(iv) 20 kWh/ft2 for systems located in Zone 4 which is areas within 10 miles of the coast.

(g) For each alternative fuel device, 50 percent of the eligible cost of the alternative fuel device or $750.

(h) For fuel cell systems, $3.00 per watt of the installed capacity or $6,000, and not to exceed 50 percent of the cost of the system components and their installation. One tax credit may be issued per year, per residence, and the maximum credit claimed per year may not exceed $1,500.

(i) For wind AEDs, the first-year energy savings of the AED in kWh multiplied by $2.00, not to exceed the lesser of $6,000 or 50 percent of the cost of the system components and their installation. One tax credit may be issued per year, per residence, and the maximum credit claimed per year may not exceed $1,500, over a four year period.

(j) For premium efficiency biomass combustion devices, the average heating need times the stove efficiency improvement times 60 cents, up to $1,500. The amount of the credit may not exceed 50 percent of the cost of the AED and materials directly associated with the installation or construction of the AED. The department will use the EPA default efficiency as of January 1, 2016 when calculating the stove efficiency improvement for:

(A) Wood or pellet stoves without full efficiency testing listed on the EPA list of EPA Certified Wood Heaters,

(B) Wood or pellet stoves without full efficiency testing with the testing data submitted and approved by EPA, or

(C) Pellet stoves on the List of EPA Exempt Wood Heating Appliances that submitted testing certificates to the department.

(k) For sealed duct system devices, $1,500 or the first-year energy savings of the AED in kWh multiplied by 60 cents. The amount of the credit may not exceed 50 percent of the cost of the AED, materials directly associated with the installation or construction of the AED and their installation.

(3) For photovoltaic systems:

(a) On or after January 1, 2012 and before January 1, 2014, the credit allowed under this section is equal to $2.10 per watt of the installed capacity measured in watts of direct current at industry standard test conditions; the tax credit is claimed according to OAR 330-070-0024.

(b) On or after January 1, 2014 and before January 1, 2015, the credit allowed under this section is equal to $1.90 per watt of the installed capacity measured in watts of direct current at industry standard test conditions; the tax credit is claimed according to OAR 330-070-0024.

(c) On or after January 1, 2015, and before January 1, 2016, the credit allowed under this section is equal to $1.70 per watt of the installed capacity measured in watts of direct current at industry standard test conditions; the tax credit is claimed according to OAR 330-070-0024.

(d) On or after January 1, 2016, and before January 1, 2017 the credit allowed under this section is equal to $1.50 per watt of the installed capacity measured in watts of direct current at industry standard test conditions; the tax credit is claimed according to OAR 330-070-0024.

(e) On or after January 1, 2017, the credit allowed under this section is equal to $1.30 per watt of the installed capacity measured in watts of direct current at industry standard test conditions; the tax credit is claimed according to OAR 330-070-0024.

(f) A maximum of one credit valued at $6,000 is allowed per residence, per AED. The maximum amount of credit allowed per year, beginning in the year in which the AED was installed, is $1,500 per year over a four-year period. The total credit may not exceed 50 percent of the cost of the system components and their installation.

(4) The sum of any tax credits, rebates or cash payments, including public purpose organization or federal grants or credits and the residential energy tax credit may not exceed system costs, including installation costs to the extent those costs are not already included in the system cost under OAR 330-070-0022(7).

(5) Each of the following device types installed at a dwelling within in a 5-year period will be considered a single device:

(a) Photovoltaic,

(b) Solar radiation for domestic water heating, or

(6) For purposes of the tax credit, the cost of the AED must:

(a) Comply with OAR 330-070-0059 through 330-070-0097, as those rules apply;

(b) Be the system cost of acquiring the system.

(A) AEDs using an alternative energy source for only a part of their energy output or savings will have system cost prorated. System cost must be based on that part of the AED's energy output or savings that is due to the alternative source;

(B) The department may find an AED to be too large for a dwelling. In such case the system cost must be prorated. System cost must be based on the largest useful size of an AED for the dwelling. The department will determine largest useful size based on the energy needs of the building; and

(7) For purposes of the tax credit, the eligible system cost of the AED is only those costs necessary for the system to yield energy savings or produce renewable energy such as:

(a) The cost to purchase the AED.

(b) The cost of materials directly associated with installation or construction of the AED.

(c) For solar thermal systems, the cost of solar collectors; thermal storage devices; monitors, meters and controls; photovoltaic devices used to supply electricity to parts of the system; installation charges; fees paid for design or building; and ductwork, piping, fans, pumps and controls that move heat from solar collectors to storage and to heat buildings.

(d) For solar photovoltaic systems, solar labor costs and solar material costs including photovoltaic modules; inverters; storage systems and regulators; monitors, meters, and controls; wiring and framing materials; trackers; mounting or racking structures only, no structures beyond those needed for mounting or racking purposes; shipping; and for owner-built system inspections by a tax-credit technician, up to $400; permits and fees.

(e) For wind systems, the cost of wind turbine generators; DC/AC converters, inverters and synchronous inverters; energy storage (batteries or other methods); tower, foundation and guys; electric transformers and lines and supports; safety equipment; up to $500 of wind permitting cost; windmills; pumps, linkage, pump heads, and vacuum chambers; and obtaining a project site specific computer model wind speed estimate from a nationally recognized service as approved by the department, not to exceed $100.

(8) Eligible system costs do not include:

(a) Unpaid labor (including the applicant's labor);

(b) Operating and maintenance costs;

(d) Legal and court costs;

(e) Patent search fees;

(f) Fees for use permits or variances;

(g) Loan interest;

(h) Vendor rebates, discounts and refunds;

(i) Service contracts;

(j) Cost of moving a used AED from one site to another;

(k) Cost of repair or resale of a system;

(L) Any part of the purchase price which is optional, such as an extended warranty;

(m) Support structures beyond the mounting or racking hardware necessary for securing equipment; or

(n) Labor for installation, except for solar photovoltaic, fuel cell, wind, solar radiation and sealed duct systems.

[ED. NOTE: Tables referenced are not included in rule text.]

[Tables: Tables referenced are available from the agency.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 469.040; 469B.103; 316.116
Statutes/Other Implemented: ORS 469B.100–469B.118 & 316.116
DOE 8-2016, f. 12-29-16, cert. ef. 1-1-17
DOE 3-2016, f. & cert. ef. 6-2-16
DOE 6-2015, f. 11-9-15, cert. ef. 1-1-16
DOE 4-2015, f. & cert. ef. 10-5-15
DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15
DOE 8-2013, f. 12-27-13, cert. ef. 1-1-14
DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13
DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12
DOE 16-2010, f. & cert. ef. 12-22-10
DOE 7-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
DOE 4-2007, f. 11-30-07, cert. ef. 12-1-07
DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06
DOE 1-2004, f. & cert. ef. 1-21-04
DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01
DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00
DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98
DOE 1-1996, f. & cert. ef. 4-1-96
DOE 2-1989, f. 12-28-89, cert. ef. 1-1-90
DOE 4-1987, f. 12-18-87, ef. 1-1-88
DOE 1-1986, f. & ef. 2-7-86

Or. Admin. R. 330-070-0024 Year Credit Claimed

(1) The tax credit must be claimed pursuant to ORS 316.116.

(2) The tax credit allowed in any one year may not exceed a person's tax liability for that year. Unused credit may be carried forward for a maximum of 5 years as allowed under ORS 316.116.

(3) The tax year for which the tax credit may be claimed is determined by the operational date of the AED:

(a) If the operational date of the AED is before April 1 of the tax year following the year it was purchased, then the tax credit must be claimed for the tax year in which the AED was purchased. Proof of purchase is established using the “Purchase Date” as defined in OAR 330-070-0013.

(b) Otherwise, the tax credit must be claimed for the tax year in which the AED became operational. Proof of operation is established using the “Operational Date” as defined in OAR 330-070-0013.

History

Statutory/Other Authority: ORS 469.040 & 469B.103
Statutes/Other Implemented: ORS 469B.100-469B.118 & 316.116
DOE 8-2016, f. 12-29-16, cert. ef. 1-1-17
DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13
DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12
DOE 16-2010, f. & cert. ef. 12-22-10
DOE 1-2004, f. & cert. ef. 1-21-04
DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01
DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00
DOE 2-1989, f. 12-28-89, cert. ef. 1-1-90
DOE 1-1989, f. & cert. ef. 6-15-89
DOE 4-1987, f. 12-18-87, ef. 1-1-88

Or. Admin. R. 330-070-0025 Application for System Certification

(1) Applicants for a tax credit must obtain a system certification from the department.

(2) All applications for a system certification must meet all of the following:

(a) Provide all requested information and include a statement that the system and technician or owner-builder will meet all federal, state and local requirements.

(b) Include the applicant’s social security number for use as an identification number in maintaining internal records. The applicant’s social security number may be shared with the Department of Revenue to establish the identity of an individual in order to administer state tax law.

(A) The system cost of the AED;

(B) The location of the AED; and

(C) That the applicant has received an operating manual for the AED, except that no operating manual is required for sunspaces or direct gain space heating systems.

(d) Include an agreement by the tax-credit technician to make any changes required by the department for the system to comply with ORS 469B.100 through 469B.118 and 316.116.

(e) Be signed by the applicant and tax-credit technician, if any. Alternatively, a form of electronic signature acceptable to the department may be provided.

(f) Include no false or misleading information about an AED.

(g) For third-party installations, include a valid reference number as issued to the third-party by the department under OAR 330-070-0029.

(h) The contractor’s certification that the AED was installed in accordance with manufacturer’s installation specifications and all applicable codes and standards.

(3) System certification applications for solar water heating AEDs must contain:

(a) All the data required in section (2);

(b) The number of collectors;

(d) The collector dimensions and/or the net area of the collectors;

(e) The amount of heat storage;

(f) The system type;

(g) A declaration of Solar Rating and Certification Corporation (SRCC) Standard 300 certification status or equivalence, as determined by the department;

(h) The system model;

(i) A description of the orientation and tilt of the collector;

(j) A solar site assessment for the collector location;

(k) A consumer disclosure signed by the applicant and technician or supplier, if any. The disclosure must be provided to the applicant and include estimated energy savings of the AED, required conservation items, required maintenance and freeze protection information; and

(L) Other data the department requires to determine eligibility.

(4) System certification applications for active solar space heating AEDs must contain:

(a) All the data required in sections (2) and (3) of this rule;

(b) A heat loss estimate for the home;

(d) A solar site assessment for the collector location; and

(e) Other data the department requires to determine eligibility.

(5) System certification applications for passive solar space heating AEDs must contain:

(a) All the data required in section (2) above;

(b) A copy of the building permit plans;

(d) The type and amount of thermal storage;

(e) A solar site assessment taken at the center of the solar glazing; and

(f) Other data the department requires to determine eligibility.

(6) System certification applications for photovoltaic AEDs must contain:

(a) The data required in section (2);

(b) Retail customer pricing information for:

(A) Total project labor, and

(B) Total project materials;

(d) The brand name of the module(s);

(e) The rated DC output in watts of the module(s) under Standard Test Conditions (STC);

(f) A description of the storage provided if storage is a part of the system;

(g) Storage brand and model;

(h) Storage capacity in kWh;

(i) The brand name of the inverter if an inverter is part of the system;

(j) The capacity of the inverter;

(k) The Total Solar Resource Fraction (TSRF);

(L) Other data the department requires to determine eligibility;

(m) The permit number and date of final inspection from the applicant’s local jurisdiction; and

(n) All applications submitted by a tax-credit technician (TCT) after June 1, 2015, must be submitted through PowerClerk and must be initially input into PowerClerk on or before December 31, 2017.

(7) System certification applications for geothermal systems must contain:

(a) All the data required in section (2) of this rule;

(b) For all systems connected to a well, data on the well including:

(A) Depth;

(B) Diameter (cased);

(D) Static water level below grade;

(E) A copy of the well driller's log, if available; and

(F) Other data the department requires to determine eligibility.

(A) Brand name and model number of the heat pump;

(B) Rated output at the entering water temperature;

(C) Estimated system COP rated by AHRI under ANSI/AHRI/ASHRAE/ISO Standard 13256-1, at an entering water temperature of 50 degrees Fahrenheit; and

(D) Any other data the department requires to determine eligibility.

(d) For geothermal systems:

(A) All the information in subsection (7)(b) of this rule;

(B) Brand name, rated output, estimated COP;

(D) Materials and spacing used;

(E) Type of heat transfer fluid; and

(F) Other data the department requires to determine eligibility.

(8) System certification applications for energy-efficient appliances must contain:

(a) All the data required in section (2) of this rule;

(b) The brand name, make, model number, capacity and/or size of the appliance;

(A) Verification of applicant’s name and address,

(B) Verification of model of appliance, and

(d) Certification of new equipment warranty;

(e) For air source ducted heat pumps systems and furnace systems a description of the distribution system; and

(f) Other data the department requires to determine eligibility.

(9) System certification applications for alternative fuel devices must contain:

(a) Taxpayer’s name;

(b) Taxpayer identification or social security number;

(d) The name of the licensed and bonded company employing the technician;

(e) The employing company’s business location;

(f) The brand name, make, model number, or component list of the alternative fuel device;

(g) A signed copy of the sales agreement, which will include all of the following:

(A) Verification of applicant’s name and address,

(B) Verification of model of, or components used for alternative fuel device, and

(h) Certification of new equipment warranty; and

(i) Other data the department requires to determine eligibility.

(10) System certification applications for fuel cells must contain:

(a) All of the data required in section (2) of this rule;

(b) The rated fuel cell stack peak capacity, in kW;

(c) The rated fuel cell system peak capacity, in kW (this rating includes peak capacity enhancing devices such as batteries and other storage devices or systems);

(d) Whether or not the system is grid connected;

(e) The fuel used by the system;

(f) The type of fuel stack (PEM, PAFC, SOFC, etc.);

(g) An estimate of the average load, in kW, expected to be placed on the system;

(h) The thermal energy production rate, in Btu/hour, at peak capacity and at the average load specified in (10)(f) above;

(i) Whether or not the system has provisions for thermal heat recovery, and if so, where the thermal energy is designed to be used (domestic hot water, space heating, etc.); and

(j) Other data the department requires to determine eligibility.

(11) System certification applications for premium efficiency biomass combustion devices must contain:

(a) The manufacturer, model, capacity, serial number of the device;

(b) The device characteristics, defined as catalytic, non-catalytic, or pellet stove or boiler;

(d) Price paid for the device, any parts or installation;

(e) Efficiency information, as described in OAR 330-070-0073;

(f) For replacement of uncertified woodstoves, the applicant must additionally provide:

(A) A signed certification from the applicant verifying that the wood burning device being replaced has been rendered unusable, can no longer be used as a heating device, and will be retired permanently from service; and

(B) Documentation, in the form of a disposal receipt from a metal recycler, landfill or licensed contractor, verifying that the wood burning device being replaced is an uncertified woodstove and has been rendered unusable; and

(g) Other data the department requires to determine eligibility.

(12) A system certification may be transferred by an applicant who does not qualify for tax relief to the first eligible buyer of the dwelling.

(13) For a third-party financed system, the application must provide copies of an energy purchase or lease agreement and full service maintenance agreement.

(14) An application for a tax credit must be received by the department on or before June 1, 2018.

(15) An application required to be submitted in PowerClerk must be initially input on or before December 31, 2017.

History

Statutory/Other Authority: ORS 469.040; 469B.103
Statutes/Other Implemented: ORS 469B.100–469B.118 & 316.116
DOE 8-2016, f. 12-29-16, cert. ef. 1-1-17
DOE 6-2015, f. 11-9-15, cert. ef. 1-1-16
DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15
DOE 8-2013, f. 12-27-13, cert. ef. 1-1-14
DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13
DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12
DOE 16-2010, f. & cert. ef. 12-22-10
DOE 4-2007, f. 11-30-07, cert. ef. 12-1-07
DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06
DOE 1-2004, f. & cert. ef. 1-21-04
DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01
DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00
DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98
DOE 1-1996, f. & cert. ef. 4-1-96
DOE 2-1989, f. 12-28-89, cert. ef. 1-1-90
DOE 1-1989, f. & cert. ef. 6-15-89
Reverted to DOE 4-1987, f. 12-18-87, ef. 1-1-88
DOE 1-1988(Temp), f. & cert. ef. 1-13-88
DOE 4-1987, f. 12-18-87, ef. 1-1-88
DOE 1-1986, f. & ef. 2-7-86
DOE 7-1984, f. & ef. 12-19-84
DOE 6-1983, f. 12-16-83, ef. 1-1-84
DOE 1-1982, f. 1-12-82, ef. 2-1-82
DOE 6-1979, f. & ef. 11-13-79

Or. Admin. R. 330-070-0026 Tax-Credit Technician

(1) Technicians may apply for the department’s tax-credit technician (TCT) status for a technology listed in section (2) of this section. Tax-credit technician status is intended to assist consumers with the state tax credit program, ensure that the systems are installed according to department rules, and verify system installation quality and performance. Technician status is valid for two years and must be renewed to remain in effect.

(2) A tax-credit technician status applies only to the following products:

(a) Solar water heating systems;

(b) Geothermal systems; and

(3) The tax-credit technician's status is based on the following:

(a) Knowledge and understanding of the tax credit program requirements and expectations;

(b) Ability to provide systems that are designed and installed consistent with the manufacturer’s warranty and department rules; and

(4) Those who do not maintain the competencies in section (3) are subject to revocation of the status.

(5) Tax-credit technician status entitles a technician to:

(a) Inform the AED system owner that he or she has attended the department’s online training and is familiar with the rules and requirements of the Residential Energy Tax Credit Program.

(b) Verify that installation of tax-credit qualified equipment and systems meets department standards for performance and longevity.

(6) Tax-credit technician status requires that the technicians must follow department requirements including:

(a) Solar technicians must show at least one of the following, a valid and current:

(A) North American Board of Certified Energy Practitioners (NABCEP) certification,

(B) Limited Renewable Energy Technician (LRT) license for solar electric,

(D) Successful passage of the NABCEP Entry-Level Exam for the appropriate AED, or

(E) Other certification approved by the Director to maintain their tax-credit solar technician status with the department.

(b) First-time geothermal technician applicants must show proof of successful completion of International Ground Source Heat Pump Association training (IGSHPA) or IGSHPA certified manufacturer’s installer training program or other training approved by the Director.

(c) Solar and geothermal tax-credit technician applicants must complete the department’s online training at least once every three years unless otherwise specified in department rule.

(d) Technicians must verify the AED owner has a user manual for the equipment/system.

(e) Technicians must provide the AED owner with a completed application and a copy of the final, itemized and dated invoice for the system that is marked “inspected,” And they must verify the owner has a written full warranty for the system that lasts no less than 24 months after the system is installed.

(f) Technicians must maintain tax-credit technician status by completing the following technology-specific requirements during the period between awarding initial status and the renewal period or between renewal periods:

(A) For solar technology:

(i) Technicians must:

(I) Submit and have approved two (2) Residential or Energy Incentives Program applications for systems in a technology in which the tax-credit technician is listed and complete four (4) hours of related technical continuing education;

(II) Submit and have approved one (1) Residential or Energy Incentives Program application for a system in a technology in which the tax-credit technician is listed and complete six (6) hours of related technical continuing education; or

(III) Complete eight (8) hours of related technical education.

(ii) Technicians must provide information on the number of job hours directly associated with the installation of RETC qualified photovoltaic systems within the prior two years. Job estimates should be submitted in hours.

(iii) Technicians are subject to the renewal period on the second year from the year of initial status or renewal year.

(iv) The two month renewal period begins every year on June 1st and ends prior to August 1st.

(v) Proof of related technical continuing education must be provided during the renewal period.

(vi) Failure to complete requalification during the renewal period will result in the revocation of TCT status for one year. TCT status may be reinstated during the following year’s renewal period.

(B) For geothermal systems, technicians must submit and have approved a minimum of one (1) tax credit application or provide proof of having completed at least two hours of relevant installer training, community college HVAC course, or other training approved by the Director.

(7) Tax credits for installation of geothermal systems, solar electric and solar thermal systems must be verified by a tax-credit technician.

(8) A tax-credit technician must notify the department within 30 days if changes are made in any of the information in the TCT application.

(9) Tax-credit technicians inspect owner-built systems to verify that the system appears to be installed in a workman-like manner. As part of an owner-built inspection, a tax-credit technician is not required to provide a warranty or guarantee of the owner-built system.

History

Statutory/Other Authority: ORS 469.040; 469B.103
Statutes/Other Implemented: ORS 469B.100–469B.118 & 316.116
DOE 8-2016, f. 12-29-16, cert. ef. 1-1-17
DOE 6-2015, f. 11-9-15, cert. ef. 1-1-16
DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15
DOE 8-2013, f. 12-27-13, cert. ef. 1-1-14
DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13
DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12
DOE 16-2010, f. & cert. ef. 12-22-10
DOE 7-2008, f. 10-31-08, cert. ef. 11-1-08
DOE 4-2007, f. 11-30-07, cert. ef. 12-1-07
DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06
DOE 1-2004, f. & cert. ef. 1-21-04
DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01
DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00
DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98
DOE 1-1996, f. & cert. ef. 4-1-96
DOE 1-1995, f. & cert. ef. 1-17-95
DOE 2-1989, f. 12-28-89, cert. ef. 1-1-90
DOE 1-1989, f. & cert. ef. 6-15-89
DOE 4-1987, f. 12-18-87, ef. 1-1-88
DOE 1-1986, f. & ef. 2-7-86
DOE 7-1984, f. & ef. 12-19-84
DOE 6-1983, f. 12-16-83, ef. 1-1-84
DOE 1-1982, f. 1-12-82, ef. 2-1-82

Or. Admin. R. 330-070-0027 Application Review Process

(1) The department must receive an application on or before June 1, 2018 to consider the application for AED tax credit approval. AEDs must comply with OAR 330-070-0010 through 330-070-0097. Specific rules for each type of AED are provided in OAR 330-070-0059 through 330-070-0097.

(2) The department will return applications that are not complete and will identify the additional information needed.

(3) The department may require more details to complete its review of an application.

(a) If the department requests additional data and does not receive it within 30 days, the department may deny the application.

(b) During review, the department may ask for proof that the AED complies the rules. The department may also suggest changes to allow the AED and application to comply with these rules.

(4) To obtain the information needed to evaluate an application or to verify eligibility and first year energy savings, the department may, with the owner's consent, inspect an installed AED:

(a) The department may deny a system certification or request Department of Revenue (DOR) to initiate proceedings for the forfeiture of a tax credit if an owner refuses to allow the department to inspect the AED;

(b) The department may require corrections necessary to bring the AED or tax credit application into compliance with the rules to be made within 30 days;

(d) The department may use the results of utility, Energy Trust of Oregon or jurisdictional inspections in lieu of its own inspection.

(5) The department may reject any application if the AED does not comply with ORS 469B.100 through 469B.118, 316.116 and OAR 330-070-0010 through 330-070-0097. The department will provide an explanation for all rejected applications in writing. Approved requests for lesser cost than claimed by the applicant will also include a written explanation of the basis for the determination.

(6) If the department rejects an application for system certification or approves a certification for lesser cost than claimed by the applicant, an applicant may appeal the rejection. The appeal must be filed within 60 days of the mailing of the rejection notice by the department, in accordance with ORS 183.310 through 183.500.

History

Statutory/Other Authority: ORS 469.040 & 469B.103
Statutes/Other Implemented: ORS 469B.100-469B.118 & 316.116
DOE 8-2016, f. 12-29-16, cert. ef. 1-1-17
DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15
DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13
DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12
DOE 16-2010, f. & cert. ef. 12-22-10
DOE 1-2004, f. & cert. ef. 1-21-04
DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01
DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00
DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98
DOE 2-1989, f. 12-28-89, cert. ef. 1-1-90
DOE 4-1987, f. 12-18-87, ef. 1-1-88
DOE 2-1987, f. & ef. 5-13-87
DOE 1-1986, f. & ef. 2-7-86
DOE 7-1984, f. & ef. 12-19-84
DOE 6-1983, f. 12-16-83, ef. 1-1-84
DOE 1-1982, f. 1-12-82, ef. 2-1-82

Or. Admin. R. 330-070-0029 Third-Party Alternative Energy Device Installations

(1) A third-party who intends to complete a third-party alternative energy device installation must obtain a reservation before commencing installation.

(2) The third-party must apply to reserve potential tax credits by submitting a completed reservation request to the department. A reservation request may only be submitted after the owner of the residential property has entered into a contract for a third-party alternative energy device installation. The reservation request must contain the information required by the department and be submitted in PowerClerk.

(3) The department may require the third-party to provide a copy of the signed contract at any time after the submission of a reservation request. Failure to provide requested documents within 30 calendar days may result in the loss of reservations made by the third-party.

(4) A third-party may reserve no more than 25 potential tax credits in each reservation request application. The following limits on reservation requests also apply:

(a) A third-party may request the reservation of up to 50 potential tax credits each week.

(b) A third-party may request no more than 900 reservations between January 1 and September 30 and may request no more than 1,300 total reservations in a calendar year.

(c) The department will not accept reservation request applications once the annual limit in Oregon Laws 2011, chapter 730, section 75 has been reached.

(5) The department will reserve the requested potential tax credits from the amount allowed by Oregon Laws 2011, chapter 730, section 75 and will provide the third-party with a reference number for each potential tax credit. The owner of the residential property at which the alternative energy device is installed must include the reference number on their tax credit application.

(6) A third-party may release a reservation by submitting a written request or notification within PowerClerk, including the reference number, to the department. If reservations are released in the same tax year they are reserved the department will re-allocate the potential tax credits to new reservation requests in the order the requests are received. Reservations of potential tax credits may not be transferred, except to a purchaser or owner of the residential site address where the AED is located.

(7) The department will continually monitor the rate of allocation of tax credits to ensure that the total amount of tax credits do not exceed the amounts specified in Oregon Laws 2011, chapter 730, section 75. The department will allocate potential tax credits according to these rules and in the order in which requests are received. The department will return any excess reservation requests. A third-party may not commence installation until a reservation reference number is issued by the department.

(8) The department will issue tax credits based on the year the potential tax credit is reserved if the installation is completed, as verified by an approved final inspection issued by the local jurisdiction, before April 1 of the following tax year. Tax credits for installations completed after April 1 of the tax year following the reservation must reserve a new tax credit through the PowerClerk system and will be issued a tax credit for the tax year in which the installation is completed.

(9) Reservation of potential tax credits does not guarantee approval of tax credit applications.

History

Statutory/Other Authority: ORS 469.040; 469B.103
Statutes/Other Implemented: ORS 469B.100-469B.118 & 316.116
DOE 8-2016, f. 12-29-16, cert. ef. 1-1-17
DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15
DOE 8-2013, f. 12-27-13, cert. ef. 1-1-14
DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13
DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12

Or. Admin. R. 330-070-0040 Other Rules and Regulations

(1) AEDs must comply with all state, federal and local laws and rules that apply.

(2) The policy of the department is:

(a) To accept the findings of local, state and federal agencies which license or permit projects to be built or run;

(b) To avoid influencing any of those agencies to approve or deny a license or a permit; and

(3) Each applicant must:

(a) Obtain each local, state, and federal permit and license that applies to a project;

(b) Agree to comply with the express terms and conditions of each permit and license; and

(4) System certification and tax-credit technician status are based on the applicant's promise that each needed local, state and federal license and permit has been or will be obtained. Failure to obtain those approvals will cause the department certification or status approval to be revoked.

(5) If any license or permit named in these rules does not apply to the project, the licensing or permitting agency must certify that the license or permit is not required. This does not apply to residential DHW, pool, spa and hot tub systems.

(6) AED technicians must install all systems in compliance with the system manufacturer's published specifications.

(7) The department will assign an energy savings for all solar domestic water heating systems. For systems approved by the department that are not Solar Rating and Certification Corporation (SRCC) certified, the department will assign an energy savings based on requirements determined comparable to SRCC ratings.

History

Statutory/Other Authority: ORS 469.040 & 469B.103
Statutes/Other Implemented: ORS 469B.100-469B.118 & 316.116
DOE 6-2015, f. 11-9-15, cert. ef. 1-1-16
DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15
DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13
DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06
DOE 1-2004, f. & cert. ef. 1-21-04
DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01
DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00
DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98
DOE 1-1996, f. & cert. ef. 4-1-96
DOE 1-1995, f. & cert. ef. 1-17-95
DOE 2-1989, f. 12-28-89, cert. ef. 1-1-90
DOE 1-1989, f. & cert. ef. 6-15-89
DOE 4-1987, f. 12-18-87, ef. 1-1-88
DOE 1-1986, f. & ef. 2-7-86
DOE 7-1984, f. & ef. 12-19-84
DOE 1-1982, f. 1-12-82, ef. 2-1-82
DOE 6-1979, f. & ef. 11-13-79
DOE 5-1978, f. & ef. 9-27-78
DOE 3-1978, f. & ef. 3-7-78
DOE 12(Temp), f. & ef. 10-14-77

Or. Admin. R. 330-070-0045 Enforcement

(1) Actions that are cause for revocation of a residential alternate energy tax credit:

(a) A system certification may be revoked pursuant to ORS 469B.118 if the Director finds any of the following:

(A) The applicant obtained the system certification as a result of misrepresentation.

(B) The AED has not been installed or operated in substantial compliance with the plans, specifications or procedures specified in the application or certificate, such as:

(i) Failure to follow applicable standards;

(ii) Failure to comply with required codes or obtain required permits or inspections;

(iii) Return of the AED to the seller or installer for a refund; or

(iv) Sale or removal of the device so that it no longer operates on the property of the applicant.

(C) The applicant refuses to allow the department to inspect the AED after a reasonable written request by the department. A reasonable request must allow applicant to choose a day within three weeks of the request from the department.

(b) Following revocation, the applicant will forfeit the tax credit, and the Oregon Department of Revenue will proceed to collect any taxes not paid by the taxpayer because of this credit.

(2) A technician’s tax credit status may be revoked pursuant to ORS 469B.118 if the Director finds that:

(a) The system or tax-credit technician status was obtained by fraud or misrepresentation by the technician. The Director may find that fraud or misrepresentation occurred if false statements were made regarding the technician's licenses held, products or warranties carried by the tax-credit technician's employing company, the company's range of product cost, personnel employed in the business, or any other item in the application for technician tax credit status as defined in OAR 330-070-0026.

(b) The technician's performance regarding sales or installation of the alternative energy device for which the technician is issued a tax credit certificate under ORS 469B.106 does not meet industry standards. The Director may find that the technician's performance does not meet industry standards under any one or more of the following conditions:

(A) The technician or employing company is not registered with the Construction Contractors Board or does not carry the required level of insurance, licensure or bonding.

(B) The technician or employing company fails to obtain the required state, federal or local permits required to install the AED as defined in OAR 330-070-0040.

(C) The technician fails to install the AED system in compliance with standards adopted under OAR 330-070-0059 through 330-070-0097.

(D) The technician fails to install the AED system to comply with manufacturers' published specifications.

(E) The technician or employing company fail to honor contract provisions when there is no legitimate excuse for nonperformance of the obligation.

(F) The technician or employing company fail to honor a warranty that they are contractually obligated to perform.

(G) The technician or employing company fail to make corrections to remedy failure to comply with paragraphs (A) through (F) of this subsection, as requested by the department, within 30 days of written notification from the department of the problem, unless a time extension is granted by the department.

(H) A tax credit for an AED sold or installed under the tax-credit technician status is ordered revoked under subsection (2)(a) of this rule.

(I) Information indicates that the AEDs installed under the tax-credit technician status or the employing company do not meet eligibility requirements.

(c) The technician or employing company has misrepresented to the customer either the tax credit program or the nature or quality of the alternative energy device. The Director may find that the technician or employing company has misrepresented the tax credit program or the AED under any of the following conditions:

(A) The technician or employing company has provided false or misleading information to the customer regarding the availability of the tax credit, amount and nature of the tax credit, procedures for tax credit application, eligibility standards for credit, or any other misleading information about the program implemented under ORS 469B.100 through 469B.118.

(B) The technician or employing company has misrepresented the nature of the performance of the AED or claimed savings in excess of those on an energy savings chart without providing accurate calculations to the customer and to the department to substantiate the energy savings. For geothermal systems, the technician or employing company has claimed savings higher than other units of similar efficiency.

(C) The technician or employing company has misrepresented the cost of a system. For example, the technician or employing company omits costs in the contract for features necessary for basic installation and/or operation of the system and/or costs to comply with the AED eligibility under ORS 469B.100 through 469B.118.

(D) The technician or employing company has misrepresented a competitor's product or service.

(E) The technician or employing company fails to make corrections requested in writing to the department to remedy violations of (A)–(D) of this subsection within 30 days, unless more time is allowed by the department.

(F) The technician or employing company fails to remedy the construction and/or warranty claim as directed by order of the Construction Contractors Board.

History

Statutory/Other Authority: ORS 469.040 & 469B.103
Statutes/Other Implemented: ORS 469B.100-469B.118 & 316.116
DOE 6-2015, f. 11-9-15, cert. ef. 1-1-16
DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15
DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13
DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12
DOE 16-2010, f. & cert. ef. 12-22-10
DOE 4-2006, f. 12-29-06, cert. ef. 1-1-07
DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06
DOE 1-2004, f. & cert. ef. 1-21-04
DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01
DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00
DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98
DOE 1-1995, f. & cert. ef. 1-17-95
DOE 2-1989, f. 12-28-89, cert. ef. 1-1-90
DOE 1-1989, f. & cert. ef. 6-15-89
DOE 4-1987, f. 12-18-87, ef. 1-1-88
DOE 1-1986, f. & ef. 2-7-86
DOE 6-1983, f. 12-16-83, ef. 1-1-84
DOE 1-1982, f. 1-12-82, ef. 2-1-82
DOE 6-1979, f. & ef. 11-13-79
DOE 5-1978, f. & ef. 9-27-78

Or. Admin. R. 330-070-0048 Administrative Process for Review and Revocation of the Tax-Credit Technician Status

(1) If the department receives a complaint, the tax-credit technician and employing company must be notified and given an opportunity to respond.

(a) If the complaint relates to issues that the Construction Contractors Board (CCB) has authority to resolve, the complaint must be referred to the CCB for resolution. The CCB generally has authority to address construction, warranty claims or complaints involving dishonest or fraudulent conduct. Failure to comply with the order of the CCB must be grounds for revocation of tax-credit technician status.

(b) In all other cases, the department must evaluate the technician's or employing company's response and determine whether a violation occurred. The department must notify the technician and employing company of its determination and, if appropriate, the necessary remedy. The department must give the technician and employing company 30 days to remedy a violation. The department may grant the technician and employing company additional time where appropriate.

(2) If the technician and employing company do not take appropriate action within the time specified, the department may begin enforcement proceedings. An enforcement proceeding may be brought to revoke the tax-credit technician status, remove the company name from the department listing and to collect tax credit amounts.

(3) The department may commence an enforcement proceeding by sending the technician and employing company a notice of violation. The notice must describe the violation(s) and notify the technician and employing company of the proposed penalty (revocation or collection of tax credit amounts).

(4) Before the Director imposes a penalty, the technician and employing company must be given 21 days in which to request a hearing pursuant to ORS 183.310-183.550 and the applicable Attorney General's Uniform and Model Rules of Procedure. The hearing will be to contest the revocation of a system or technician tax credit status based on actions listed under OAR 330-070-0045.

(5) Re-application: To reapply after the revocation of a technician tax credit status, the technician and employing company must prove to the satisfaction of the department that the problem causing revocation has been corrected. Revocation must be in effect for at least one year before that technician or employing company or any other firm with any of the same shareholders may reapply for status.

History

Statutory/Other Authority: ORS 469.040 & 469B.103
Statutes/Other Implemented: ORS 469B.100-469B.118 & 316.116
DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13
DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12
DOE 4-2007, f. 11-30-07, cert. ef. 12-1-07
DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06
DOE 1-2004, f. & cert. ef. 1-21-04
DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01
DOE 2-2000, f. 12-29-00, cert. ef. 1-1-01
DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00
DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98
DOE 1-1995, f. & cert. ef. 1-17-95

Or. Admin. R. 330-070-0055 Consumer Information

(1) A tax-credit technician must inform the owner in simple terms:

(a) How to tell if the device is running correctly, and who to call if it is not;

(b) How to tell if the freeze protection is in effect, and who to call if it is not;

(d) Who will honor warranties; and

(e) The conditions of the warranties including, but not limited to, how to start and keep warranties in force.

(2) A tax-credit technician or employing company must provide all AED purchasers with a copy of materials listed in section (1) of this rule prior to sale of the system.

History

Statutory/Other Authority: ORS 469.040 & 469B.103
Statutes/Other Implemented: ORS 469B.100-469B.118 & 316.116
DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13
DOE 16-2010, f. & cert. ef. 12-22-10
DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06
DOE 1-2004, f. & cert. ef. 1-21-04
DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01
DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00
DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98
DOE 1-1996, f. & cert. ef. 4-1-96
DOE 2-1989, f. 12-28-89, cert. ef. 1-1-90
DOE 4-1987, f. 12-18-87, ef. 1-1-88
DOE 1-1986, f. & ef. 2-7-86
DOE 7-1984, f. & ef. 12-19-84
DOE 6-1983, f. 12-16-83, ef. 1-1-84
DOE 1-1982, f. 1-12-82, ef. 2-1-82

Or. Admin. R. 330-070-0059 Solar Swimming Pool, Spa and Hot Tub AEDs

(1) Installations must be installed according to manufacturer's instructions; and comply with all applicable state, county, or local codes and regulations.

(2) Consumers who purchase a solar swimming pool, spa or hot tub heating system must receive written operating and maintenance instructions. These instructions must at a minimum include:

(a) Clear instructions on how to monitor the system performance;

(b) Description and recommended frequency of homeowner maintenance;

(d) What to do and who to call in an emergency and when the system needs professional maintenance and repairs.

(3) Swimming pool heating system designs and installations must comply with the following additional requirements:

(a) Collectors and piping must be securely mounted to withstand local wind loads.

(b) Piping and pump sizing must consider collector area, total flow rates, pressure drop across collectors, length of run from collectors to pump, and maximum allowable pressure drop for the system.

(d) Swimming pool collectors must come with a minimum 10-year manufacturer's full warranty (to ensure that equipment designed for temporary installation is not used).

(e) System must have a method to show that it is operating correctly. This equipment must be a permanent part of the system, not require any special tools, and be in an easily accessible location.

(f) Collectors must be mounted in a manner to enable seasonal drainage by gravity for proper freeze protection.

(g) The system must have a minimum Total Solar Resource Fraction (TSRF) of 75 percent.

(h) Swimming pool collectors must be certified by the Solar Rating and Certification Corporation (SRCC), Florida Solar Energy Center (FSEC) or other certification body approved by the department.

(i) Swimming pool heating collectors will be limited to no more than 125 percent of the pool area for the purposes of calculating the tax credit.

(j) To estimate annual savings, swimming pools are assumed to be heated to a maximum of 85 degrees F. Swimming pools, spas or hot tubs heated beyond 85 degrees F will be considered a spa or hot tub for tax credit purposes.

(4) Spa and hot tub heating system designs and installations must comply with the following additional requirements:

(a) System design must be approved by the department. Approval is based on complete system design documentation and calculation of annual energy savings.

(b) Controls must be capable of maintaining safe spa temperatures.

(5) The addition of more energy producing capacity to an existing solar pool heating system may be eligible for an AED tax credit if:

(a) The system addition increases first year energy savings; and

(b) The system addition is built, installed and operated in accord with OAR 330-070-0010 through 330-070-0097.

(6) The department will calculate first year energy savings of a system addition by subtracting the estimated savings of the original AED from the increased first year energy savings with the addition.

(a) The department will not recalculate the original AED's estimated energy savings, even if the AED produces less than estimated.

(b) Any AED that received an AED tax credit in a prior five years will be assumed to remain in place, for purposes of calculating a tax credit for a system addition.

History

Statutory/Other Authority: ORS 469.040 & 469B.103
Statutes/Other Implemented: ORS 469B.100-469B.118 & 316.116
DOE 6-2015, f. 11-9-15, cert. ef. 1-1-16
DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15
DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13
DOE 16-2010, f. & cert. ef. 12-22-10
DOE 4-2007, f. 11-30-07, cert. ef. 12-1-07
DOE 4-2006, f. 12-29-06, cert. ef. 1-1-07
DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06
DOE 1-2004, f. & cert. ef. 1-21-04

Or. Admin. R. 330-070-0060 Solar Domestic Water Heating AEDs

(1) Installations of solar domestic water heating systems must comply with all applicable state, county or local codes and regulations and be verified by a tax-credit technician.

(2) Consumers who purchase a solar domestic water heating system must receive written operating and maintenance instructions. These instructions must at a minimum include:

(a) Clear instructions on how to determine if the system is functioning properly; and

(b) How to protect the system from overheating due to stagnation during periods when the system is not in use.

(3) System designs and installations must comply with the following additional requirements:

(a) Collectors and piping must be securely mounted to withstand local wind loads.

(b) Piping and pump sizing must consider collector area, total flow rates, pressure drop across collectors, length of run from collectors to pump, and maximum allowable pressure drop for the system.

(c) Pipe insulation must be installed on all solar pipe runs and protected against damage from exposure in outdoor conditions and be rated for design condition temperatures.

(d) Any building insulation disturbed due to the system installation must be restored to previous condition.

(e) For systems using pressurized anti-freeze fluids, a pressure gauge must be installed to indicate pressure in the system.

(f) Piping containing pressurized water in attics 24 hours a day must be of the appropriate material allowed by applicable Oregon plumbing codes.

(4) Systems using tanks, piping, pumps and other components containing water in unheated spaces must be adequately protected from freezing.

(5) Drain-down or manual drain systems are not acceptable freeze protection methods for solar domestic water heating systems.

(6) A method to show that the system is operating correctly must be provided.

(a) For passive systems this must be a thermometer in line between solar storage and backup tank.

(b) For an active system this must be a flow meter in the supply line to the collectors and a thermometer on the outlet port of the solar storage tank.

(7) Annual energy savings will be based on the annual performance simulations provided by the Solar Rating and Certification Corporation (SRCC).

(a) The SRCC annual energy savings must be adjusted for site specific conditions as documented by a Solar Site Assessment.

(b) The system must have a minimum Total Solar Resource Fraction (TSRF) of 75 percent.

(8) All systems must meet the standards established by the SRCC Standard-300 system certification in effect at the time the rules are adopted, or equivalent requirements as determined by the Director.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 469.040 & 469B.103
Statutes/Other Implemented: ORS 469B.100-469B.118 & 316.116
DOE 8-2016, f. 12-29-16, cert. ef. 1-1-17
DOE 6-2015, f. 11-9-15, cert. ef. 1-1-16
DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15
DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13
DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12
DOE 16-2010, f. & cert. ef. 12-22-10
DOE 4-2007, f. 11-30-07, cert. ef. 12-1-07
DOE 4-2006, f. 12-29-06, cert. ef. 1-1-07
DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06
DOE 1-2004, f. & cert. ef. 1-21-04
DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01
DOE 2-2000, f. 12-29-00, cert. ef. 1-1-01
DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00
DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98
DOE 1-1996, f. & cert. ef. 4-1-96
DOE 1-1995, f. & cert. ef. 1-17-95
DOE 2-1989, f. 12-28-89, cert. ef. 1-1-90
DOE 1-1989, f. & cert. ef. 6-15-89
DOE 4-1987, f. 12-18-87, ef. 1-1-88
DOE 1-1986, f. & ef. 2-7-86
DOE 7-1984, f. & ef. 12-19-84
DOE 6-1983, f. 12-16-83, ef. 1-1-84
DOE 1-1982, f. 1-12-82, ef. 2-1-82
DOE 6-1979, f. & ef. 11-13-79
DOE 5-1978, f. & ef. 9-27-78
DOE 3-1978, f. & ef. 3-7-78
DOE 12(Temp), f. & ef. 10-14-77

Or. Admin. R. 330-070-0062 Passive Solar Space Heating AEDs

(1) Installations of passive solar space heating systems must comply with all applicable state, county or local codes and regulations.

(2) The estimated first year energy savings for the system must be the net usable energy produced under average environmental conditions in one year.

(3) Passive solar space heating systems must produce energy savings equal to not less than 20 percent of the annual energy used for space heating in the dwelling to be eligible for a tax credit. Such systems must:

(a) Have sufficient solar access not jeopardized by future buildings or tree growth;

(b) Provide usable heat for the heated space;

(d) Prevent overheating of the heated space that requires mechanical space cooling; and

(e) In addition, sunspaces must:

(A) Have no backup heating device; and

(B) Be able to be isolated from the heated space.

(4) Determination of annual performance must be based on one of the following approved methods:

(a) Using the department's prescriptive passive solar heating path to achieve 20 percent savings.

(b) Annual hourly simulation using an approved energy modeling software (e.g.: Energy-10).

(5) Costs eligible for passive solar space heating systems include:

(a) The cost for thermal storage;

(b) The cost of movable window insulation that is part of a passive system. It must tightly seal on all sides of the window. It must also have an R- value of at least three;

(d) The cost of passive heat distribution components.

(6) The department will use data supplied by the applicant to determine the amount of the tax credit.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 469.040 & 469B.103
Statutes/Other Implemented: ORS 469B.100-469B.118 & 316.116
DOE 6-2015, f. 11-9-15, cert. ef. 1-1-16
DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15
DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13
DOE 16-2010, f. & cert. ef. 12-22-10
DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06
DOE 1-2004, f. & cert. ef. 1-21-04
DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01
DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00
DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98
DOE 2-1989, f. 12-28-89, cert. ef. 1-1-90
DOE 1-1989, f. & cert. ef. 6-15-89
DOE 4-1987, f. 12-18-87, ef. 1-1-88
DOE 1-1986, f. & ef. 2-7-86

Or. Admin. R. 330-070-0063 Combined Active Solar Space and Domestic Water Heating AEDs

(1) Combined active solar space and domestic water heating systems use air or water that is moved by pumps or fans to collect, store and distribute the sun's energy to a dwelling or part of a dwelling.

(2) Installations of active solar space and domestic water heating systems must comply with all applicable state, county and local codes and regulations, and be verified by a tax-credit technician.

(3) The estimated first-year energy savings must be based on the following:

(a) The house design prior to installation of the solar energy equipment, not a base code design or reference design.

(b) An annual solar utilization calculation method approved by the Director that accounts for the operating temperature of the energy storage and collector system and gives no credit for any insulation measures not directly associated with the solar AED.

(c) Typical residential occupancy setpoints and operating behavior. Savings will not be granted for consumer behavior options.

(4) Applicant must provide the following information:

(a) Complete system design documentation with component list and controls sequence;

(b) Documentation showing that the system has a minimum Total Solar Resource Fraction (TSRF) of 75 percent;

(d) Solar equipment specifications and performance test data.

(5) The department will use data supplied by the applicant to determine if the requirements of OAR 330-070-0022 are met.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 469.040 & 469B.103
Statutes/Other Implemented: ORS 469B.100-469B.118 & 316.116
DOE 6-2015, f. 11-9-15, cert. ef. 1-1-16
DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15
DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13
DOE 16-2010, f. & cert. ef. 12-22-10
DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06
DOE 1-2004, f. & cert. ef. 1-21-04
DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01
DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00
DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98
DOE 1-1996, f. & cert. ef. 4-1-96
DOE 4-1987, f. 12-18-87, ef. 1-1-88
DOE 1-1986, f. & ef. 2-7-86

Or. Admin. R. 330-070-0064 Photovoltaic AEDs

(1) Installations of photovoltaic systems must be installed according to manufacturer's instructions, comply with all applicable Oregon codes and be verified by a tax-credit technician.

(2) System size will be determined by the sum of all the photovoltaic module DC wattage ratings under standard test conditions (STC). The minimum system size must be 200 Watts DC output under STC.

(3) All modules must have a minimum Total Solar Resource Fraction (TSRF) of 75 percent over the entire module. Solar electric AC modules with a TSRF of less than 75 percent will not be counted in the system size.

(4) The department may verify that the modules and inverters are listed on the California Energy Commission (CEC) eligible list as of the date of the application.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 469.040 & 469B.103
Statutes/Other Implemented: ORS 469B.100–469B.118 & 316.116
DOE 6-2015, f. 11-9-15, cert. ef. 1-1-16
DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15
DOE 8-2013, f. 12-27-13, cert. ef. 1-1-14
DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13
DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12
DOE 16-2010, f. & cert. ef. 12-22-10
DOE 4-2007, f. 11-30-07, cert. ef. 12-1-07
DOE 4-2006, f. 12-29-06, cert. ef. 1-1-07
DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06
DOE 1-2004, f. & cert. ef. 1-21-04

Or. Admin. R. 330-070-0070 Geothermal Systems

(1) Geothermal systems must comply with OAR 330-070-0025 and 330-070-0040. Installations must be verified by a tax-credit technician.

(2) System parts must have adequate:

(a) Structural strength;

(b) Resistance to weather and fire;

(d) Durability.

(3) Systems must fully protect drinking water as specified in the Oregon Plumbing Specialty Code and be designed for the least impact on ground water.

(4) Direct use geothermal systems must include a summary report from Oregon Institute of Technology or other source approved by the Director which describes the system and indicates that it will deliver sufficient heat and the design meets current good practice guidelines. These systems will be reviewed on a case-by-case basis.

(5) The system Coefficient of Performance (COP) must be at least 3.3 for all systems including energy used by pumps, except 3.5 for direct expansion (DX) systems including energy used by pumps. COP will be determined by the following methods:

(a) For water source heat pumps, the COP must be determined in accordance with ANSI/AHRI/ASHRAE/ISO Standard 13256-1, at an entering water temperature of 50 degrees F.

(b) For solar assisted heat pumps, the COP must be the measured ratio of the heating season energy output divided by the heating season energy input. Both energy values must be expressed in the same units.

(6) All other types of geothermal systems must be reviewed on their COP.

(7) Geothermal upgrade systems must comply with the following requirements:

(a) All units must be installed on systems that comply with these rules.

(b) All units must be installed on systems that use an operational closed-loop ground coupled heat exchanger.

(c) The compressor upgrade unit must be sized within 15 percent of the unit it is replacing, based on rated cooling capacity in Btus. The department may grant an exception to this limit for an upgrade that is accompanied by a written justification including measured data and appropriate engineering calculations.

(d) All units must be manufactured by a company appearing in the Air-Conditioning, Heating and Refrigeration Institute (AHRI) Unitary Directory.

(e) Post-upgrade system COP must be at least 3.3 for closed loop systems and 3.5 for direct expansion (DX) systems, including energy used by pumps. COP must be determined by the following methods:

(A) For water source heat pumps, the COP must be determined in accordance with ANSI/AHRI/ASHRAE/ISO Standard 13256-1, at an entering water temperature of 50 degrees F.

(B) For water source or ground loop heat pumps using ambient surface water as an energy source and for solar assisted heat pumps, the COP must be the measured ratio of the heating season energy output divided by the heating season energy input. Both energy values must be expressed in the same units.

History

Statutory/Other Authority: ORS 469.040 & 469B.103
Statutes/Other Implemented: ORS 469B.100-469B.118 & 316.116
DOE 6-2015, f. 11-9-15, cert. ef. 1-1-16
DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15
DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13
DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12
DOE 16-2010, f. & cert. ef. 12-22-10
DOE 7-2008, f. 10-31-08, cert. ef. 11-1-08
DOE 4-2006, f. 12-29-06, cert. ef. 1-1-07
DOE 1-2004, f. & cert. ef. 1-21-04
DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01
DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00
DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98
DOE 1-1996, f. & cert. ef. 4-1-96
DOE 2-1989, f. 12-28-89, cert. ef. 1-1-90
DOE 1-1989, f. & cert. ef. 6-15-89
DOE 4-1987, f. 12-18-87, ef. 1-1-88
DOE 1-1986, f. & ef. 2-7-86
DOE 6-1983, f. 12-16-83, ef. 1-1-84
DOE 1-1982, f. 1-12-82, ef. 2-1-82
DOE 6-1979, f. & ef. 11-13-79
DOE 5-1978, f. & ef. 9-27-78
DOE 3-1978, f. & ef. 3-7-78
DOE 12(Temp), f. & ef. 10-14-77

Or. Admin. R. 330-070-0073 Energy-Efficient Appliances

(1) Energy-efficient appliances must meet or exceed the United States Department of Energy (USDOE) energy efficiency standards, as applicable, the department will designate a nationally recognized test procedure that will apply where USDOE standards do not exist.

(2) Water Heating Appliances.

(a) High-efficiency heat pump water heaters (HPWH) for domestic hot water must meet the “Northern Climate” specifications by the Northwest Energy Efficiency Alliance (NEEA). AEDs meeting the Northern Climate Specification Product Tier 1 must provide configuration options for semi-conditioned spaces such as unheated basements and unconditioned spaces such as garages or crawl spaces. Tier 1 AEDs must be Energy Star compliant and rated at a minimum 1.8 Energy Factor.

(b) High-efficiency heat pump water heaters (HPWH) for domestic hot water must meet the “Northern Climate” specifications by NEEA. AEDs meeting Northern Climate Specification Product Tier 2 or greater must provide configuration options for semi-conditioned, unconditioned and conditioned spaces such as heated utility rooms. Tier 2 or greater AEDs must be Energy Star compliant and rated at a minimum 2.0 Energy Factor.

(c) Storage gas water heaters, which heat and store water within the appliance at a thermostatically controlled temperature for delivery, and natural gas, propane, or oil-fired residential storage type water heaters, as defined by Title 10, Code of Federal Regulations, Chapter 11, Part 430, Subpart B, Appendix E, must have:

(A) An Energy Factor of 0.67-0.69 as tested with propane or natural gas fuel; or

(B) Either an Energy Factor of 0.70 or greater as tested with propane or natural gas fuel or a thermal efficiency of 0.80 or greater.

(d) Whole-home gas fired instantaneous water heaters, as defined by Title 10, Code of Federal Regulations, Chapter 11, Part 430, Subpart B, Appendix E, must have an Energy Factor of at least 0.82 or greater if installed on or after January 1, 2011. Integrated water-space heating combination devices will be evaluated as if they were an instantaneous water heater with at least a 93.3 Annual Fuel Utilization Efficiency (AFUE) rating.

(e) Equipment efficiency requirements are based on either the listing by ENERGY STAR®, the directory of the Air-Conditioning, Heating, and Refrigeration Institute (AHRI), or other third-party certified list approved by the Director.

(3) Wastewater Heat Recovery Device is a device designed to recover thermal energy from household wastewater streams for the purpose of returning a portion of this energy to the dwelling's domestic hot water system. Field performance data submitted to and approved by the department will be the basis for tax credit qualification. The following rules also apply:

(a) The system must meet all plumbing code requirements for vented double-wall heat exchangers;

(b) The system must not interfere with the proper operation of the dwelling’s wastewater system; and

(4) Sealed Duct Systems must meet the following requirements:

(a) Have all work must done by technician with a current or valid certification with Performance Tested Comfort System (PTCS), ACCA Quality Installation or approved by the department as equivalent.

(b) To apply for a sealed duct system tax credit, the following information must be submitted on the department approved application form:

(A) Certification that Bonneville Power Association’s Prescriptive Duct Sealing Specifications have been completed; and

(B) Itemized invoice identifying costs.

(5) Energy Recovery Ventilators (ERVs) are devices that provide balanced fresh air ventilation for homes with the ability to transfer energy from the outgoing air stream to the incoming air stream. ERVs must:

(a) Be tested, rated and certified through the Home Ventilating Institute (HVI) Division of the Air Movement and Control Association (AMCA) International, Inc., and listed in the HVI directory;

(b) Be capable of at least 30 percent Latent Recovery/Moisture Transfer (LRMT) at 32 degrees F when operating on the lowest fan speed. LRMT is the moisture recovered to the ventilation supply air stream divided by moisture being exhausted, corrected for cross leakage, if any. For example, LRMT = 0 would indicate that no exhausting moisture is recovered for the incoming supply air stream. LRMT = 1 would indicate that all exhausting moisture is recovered for the incoming supply air stream;

(c) Have a maximum EUI of 1.10 watts/cfm at the lowest fan speed for which performance data is published in the HVI directory; and

(d) Have a minimum Sensible Recovery Efficiency (SRE) of:

(A) 75 percent at 32°F/0°C when operating at the lowest fan speed; and

(B) 67 percent at 32°F/0°C when operating at the highest fan speed.

(6) Heat Recovery Ventilators (HRVs) are devices that provide balanced fresh air ventilation for homes with the ability to transfer energy from the outgoing air stream to the incoming air stream. HRVs must:

(a) Be tested, rated and certified through the Home Ventilating Institute (HVI) Division of the Air Movement and Control Association (AMCA) International, Inc., and listed in the HVI directory;

(b) Have a maximum EUI of 1.10 watts/cfm at the lowest fan speed for which performance data is published in the HVI directory; and

(A) 75 percent at 32°F/0°C when operating at the lowest fan speed; and

(B) 67 percent at 32°F/0°C when operating at the highest fan speed.

(7) High Efficiency Air Source Ducted Heat Pump Systems are devices that use heat pump technology to create heated or cooled air, for distribution through ductwork. An air source ducted heat pump device consists of one or more factory-made assemblies which normally include an indoor conditioning coil, compressor and outdoor coil. These devices must:

(a) Have all work done by technician with a current or valid certification with Performance Tested Comfort System (PTCS), Proctor Engineering CheckMe!, ACCA Quality Installation or approved by the department as equivalent;

(b) Be tested and rated in accordance with the USDOE Appendix M test procedure in effect at the time these rules are adopted, and be certified by, and be listed in the directory of the Air-Conditioning, Heating, and Refrigeration Institute (AHRI) that is in effect at the time these rules are adopted;

(c) Consist of a matched outdoor unit and indoor unit (air handler and coil or furnace and coil), as tested, rated and listed in the AHRI directory;

(d) Have a minimum USDOE Region IV HSPF rating of 9.5 or greater; and

(e) Systems must be installed and attested to the protocols of tested and serviced as needed to confirm correct refrigerant charge and air flow by a technician authorized by the department and by an approved Performance Tested Comfort System (PTCS), Proctor Engineering CheckMe!, ACCA Quality Installation or approved by the department as equivalent.

(8) High Efficiency Furnace Systems are devices that heat and distribute air through the dwelling using a system of ductwork. A high efficiency furnace system is determined by its Annual Fuel Utilization Efficiency, (AFUE). These devices must:

(a) Be rated by and listed in the directory of the Air-Conditioning, Heating, and Refrigeration Institute (AHRI) in effect at the time these rules are adopted;

(b) Have a minimum AFUE rating of 0.95 (95 percent);

(d) Must be listed in the AHRI directory of Certified Energy Rating in effect at the time these rules are adopted as an “e” “electrically efficient” furnace.

(9) High Efficiency Ductless Air Source Heat Pump Systems are air-source heat pumps consisting of an outdoor unit connected directly to one or more indoor units through which conditioned air is delivered directly to the room or zone of a home rather than through a central furnace. These devices must:

(a) Include an inverter-driven variable speed compressor;

(b) Be listed in the Air-Conditioning, Heating and Refrigeration Institute (AHRI) Directory of Certified Products;

(d) Have a minimum USDOE Region IV HSPF rating of 10.0 or greater;

(e) Include no integrated electric resistance backup heat;

(f) Be sized and installed per manufacturer specifications; and

(g) Be installed by a technician trained by the equipment manufacturer.

(10) High Efficiency Direct Vent Gas Fireplace Devices are direct vent sealed combustion natural gas or propane fireplace devices that take combustion air directly from outside through a dedicated air inlet and vent combustion products directly outside. These devices must:

(a) Meet CAN/CSA-P.4.1-09 (R2014) Fireplace Efficiency (FE) of 70 percent or greater.

(b) Be direct vented to the outside with sealed combustion.

(c) Have an electronic ignition that is either an intermittent or Pilot on Demand system meeting American National Standards Institute (ANSI) Z21.20-2014.

(11) Any other standards adopted by the department for energy-efficient appliances and alternative fuel devices, their components, or systems as determined by the Director.

[ED. NOTE: Appendices referenced are available from the agency.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 469.040 & 469B.103
Statutes/Other Implemented: ORS 469B.100 - 469B.118 & 316.116
DOE 8-2016, f. 12-29-16, cert. ef. 1-1-17
DOE 6-2015, f. 11-9-15, cert. ef. 1-1-16
DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15
Reverted to DOE 8-2013, f. 12-27-13, cert. ef. 1-1-14
DOE 4-2014(Temp), f. & cert. ef. 5-15-14 thru 11-10-14
DOE 8-2013, f. 12-27-13, cert. ef. 1-1-14
DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13
DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12
DOE 16-2010, f. & cert. ef. 12-22-10
DOE 7-2008, f. 10-31-08, cert. ef. 11-1-08
DOE 4-2007, f. 11-30-07, cert. ef. 12-1-07
DOE 4-2006, f. 12-29-06, cert. ef. 1-1-07
DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06
DOE 4-2004, f. & cert. ef. 8-2-04
DOE 1-2004, f. & cert. ef. 1-21-04
DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01
DOE 2-2000, f. 12-29-00, cert. ef. 1-1-01
DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00
DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98
DOE 1-1996, f. & cert. ef. 4-1-96
DOE 4-1987, f. 12-18-87, ef. 1-1-88
DOE 1-1986, f. & ef. 2-7-86
DOE 1-1982, f. 1-12-82, ef. 2-1-82

Or. Admin. R. 330-070-0076 Premium Efficiency Biomass Combustion Alternative Energy Devices

(1) To qualify for a tax credit, a premium efficiency biomass combustion device must be:

(a) Less than <250,000 Btus per hour heat output.

(b) Installed with a dedicated outside combustion air intake within five feet of the device, which may be a duct, barometric damper or grill.

(A) A listing in the United States Department Environmental Protection Agency (EPA) List of EPA Certified Wood Stoves with emissions of 3.5 grams of particulate per hour or less designated in that list as a non-catalytic wood stove;

(B) A listing in the List of EPA Certified Wood Stoves with emissions of 2.5 grams of particulate per hour or less if it is designated in that list as a catalytic wood or pellet stove;

(C) Having a certificate of performance for the specific manufacturer and model of wood burning device from a current US EPA certified woodstove testing laboratory, tested in accordance with CSA B415.1 and submitted and approved by EPA. The certificate must show emissions of 3.5 grams of particulate per hour or less designated as a non-catalytic wood stove purchased or emissions of 2.5 grams of particulate per hour or less if it is designated as a catalytic wood or pellet stove; or

(D) A certificate of performance including the grams of smoke per hour, for pellet stoves on the List of EPA Exempt Wood Heating Appliances, for the specific manufacturer and model from a currently US EPA certified stove testing laboratory, tested in accordance with CSA B415.1. The certificate must be submitted to the department. The department will use the EPA default efficiency for pellet stoves as the device efficiency beginning on January 1, 2014.

(2) To qualify for a tax credit when installing a premium efficiency biomass combustion device, the dwelling must have an approved carbon monoxide detector alarm device in compliance with the Regional Technical Forum Residential Weatherization Specifications as of August 30, 2011.

(3) Any other standards adopted by the department for premium efficiency biomass combustion devices as determined by the Director.

History

Statutory/Other Authority: ORS 469.040 & 469B.103
Statutes/Other Implemented: ORS 469B.100 - 469B.118 & 316.116
DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15

Or. Admin. R. 330-070-0078 Alternative Fuel Devices

(1) To qualify for a tax credit, an alternative fuel device must be permanently installed to meet all state and local safety codes.

(2) Electric charging stations must be a Level 2, 240 volt AC or similar.

(3) Non-electric alternative fuel fueling stations must be capable of re-fueling an alternative fuel vehicle within 14 hours.

(4) Other standards adopted by the department for alternative fuel devices as determined by the Director.

History

Statutory/Other Authority: ORS 469.040 & 469B.103
Statutes/Other Implemented: ORS 469B.100 - 469B.118 & 316.116
DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15

Or. Admin. R. 330-070-0085 Fuel Cell Systems

To be eligible for a tax credit under these rules, fuel cell systems must have a minimum rated stack capacity of 0.5 kW and a maximum rated system capacity of 10 kW.

History

Statutory/Other Authority: ORS 469.040 & 469B.103
Statutes/Other Implemented: ORS 469B.100-469B.118 & 316.116
DOE 1-2004, f. & cert. ef. 1-21-04
DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00

Or. Admin. R. 330-070-0089 Wind Alternative Energy Devices

(1) A qualifying wind energy conversion system is a device that uses wind to produce mechanical or electrical power or energy, and includes turbines, towers and their associated components needed to form a complete system.

(2) To qualify for a tax credit:

(a) A minimum annual average wind speed of 10 miles per hour at hub height or lower must be demonstrated at the wind AED site.

(b) A wind AED system manufacturer must make available estimated monthly or annual energy production data (kWh) at various annual average wind speeds for each model or system they produce.

(d) A wind AED system application must include the nominal rated electric capacity, the power curve and energy production data as a function of the average annual wind speed.

(e) A wind system must have a minimum five-year manufacturer’s warranty.

(3) The department reserves the right to deny eligibility for any wind AED for reasons including, but not limited to, poor generator performance, concerns about wind generation system design, the quality of data presented, lack of manufacturing support for maintenance or warranties.

(4) Systems must be designed and located to reduce the potential for hazards and unpleasant living conditions. Systems must be designed and located taking into account:

(a) The proximity of the system to buildings, power lines, antennae or other similar hazards;

(b) The effect of high winds on the system and on any building connected to the system by guy wires;

(d) Whether the operation of the system significantly increases background noise; and

(e) Whether connecting the system to other buildings by guy wires creates vibration and tension in other buildings.

(5) Materials used will assure that the wind AED has adequate:

(a) Strength;

(b) Resistance to ice, moisture, corrosion and fire;

(d) Low maintenance cost.

(6) No part of a wind AED project may result in toxic substances entering into the environment in amounts that will cause disease or harmful physical effects to humans, animals or plants.

(7) Maximum Design Wind Speed: All parts of a Wind AED project must withstand the highest wind speed expected at its location. All parts must withstand this wind without damage. To meet this requirement, wind AEDs may be shut down during highest expected winds.

(8) Shutdown: All wind AEDs must have a way to stop the rotor from turning. This method must work safely during high winds and routine service.

(9) Overspeed Control: Rotor overspeeds must be prevented by the wind AED’s design.

(10) Tower Safety: All parts of a wind AED project must meet accepted engineering standards. Tower design must include consideration of:

(a) Gravity load; and

(b) Peak thrust on the rotor, nacelle, tail and tower over the full wind speed operating range.

(11) Tower Height: A minimum tower height of 70 feet is required. All portions of the rotor disc of the wind AED must be at least 30 feet above any object within a 400 foot radius of the wind AED’s base. Future growth of trees for the next 20 years must be taken into consideration.

(12) Electric: All wind AED electrical parts must adhere to all standards and codes in force at the time they are installed.

History

Statutory/Other Authority: ORS 469.040 & 469B. 103
Statutes/Other Implemented: ORS 469B.100-469B.118 & 316.116
DOE 6-2015, f. 11-9-15, cert. ef. 1-1-16
DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15
DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13
DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12
DOE 16-2010, f. & cert. ef. 12-22-10
DOE 7-2008, f. 10-31-08, cert. ef. 11-1-08
DOE 4-2007, f. 11-30-07, cert. ef. 12-1-07
DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06
DOE 1-2004, f. & cert. ef. 1-21-04
DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01
DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00

Or. Admin. R. 330-070-0097 Electricity Producing AEDs

Generating AEDs linked with an electric utility must be installed in accordance with local utility interconnect guidelines and be installed per the state electrical code.

History

Statutory/Other Authority: ORS 469.040 & 469B.103
Statutes/Other Implemented: ORS469B.100-469B.118 & 316.116
DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12
DOE 16-2010, f. & cert. ef. 12-22-10
DOE 4-2007, f. 11-30-07, cert. ef. 12-1-07
DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06
DOE 1-2004, f. & cert. ef. 1-21-04
DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00
DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98
DOE 4-1987, f. 12-18-87, ef. 1-1-88
DOE 1-1986, f. & ef. 2-7-86
DOE 1-1982, f. 1-12-82, ef. 2-1-82

Division 75 ENERGY SUPPLIER ASSESSMENT RULES

Or. Admin. R. 330-075-0005 Purpose

These rules specify the form and content of information regarding Oregon gross operating revenues and energy sales to be submitted to the Department of Energy by energy resource suppliers. Such submittals are pursuant to ORS 469.421 as amended by Oregon Laws 2009, Chapter 753. The information will be used to calculate annual assessments on energy resource suppliers.

History

Statutory/Other Authority: ORS 183 & 469
Statutes/Other Implemented: ORS 469.421
DOE 5-2010, f. & cert. ef. 6-16-10
DOE 3-2009(Temp), f. & cert. ef. 12-21-09 thru 6-17-10
DOE 6-1984, f. & ef. 5-10-84
DOE 7-1982, f. & ef. 5-3-82
DOE 5-1981(Temp), f. & ef. 11-2-81
DOE 4-1981(Temp), f. & ef. 9-14-81
DOE 3-1981(Temp), f. & ef. 8-26-81

Or. Admin. R. 330-075-0015 Definitions

For the purposes of OAR division 330, division 75, unless otherwise specified, the following definitions shall apply:

(1) "Department" means the Oregon Department of Energy.

(2) "Director" means the Director of the Oregon Department of Energy.

(3) "Electric Utility" has the meaning given that term in ORS 469.300.

(4) "Energy Resource Supplier" has the meaning given that term in ORS 469.421.

(5) "Gross Operating Revenue" has the meaning given that term in ORS 469.421.

(6) "Imported" relates to natural gas and petroleum products and includes those products not produced or salvaged from the earth or waters of the State of Oregon.

(7) "Natural Gas Utility" means a person engaged in or authorized to engage in the business of supply, transmission or distribution of natural or synthetic gas.

(8) "Petroleum Products" means those petroleum products subject to assessments under Section 3(4) and Section 5(4) of Oregon Laws 1981, Chapter 792. These products include:

(a) Crude petroleum;

(b) Fuel oil (distillate and residual);

(d) Liquefied petroleum gases;

(e) Motor vehicle fuel (when used as fuel for agricultural purposes); and

(f) Petroleum coke (when used as fuel in metal processing). "Petroleum products" does not include fuels subject to the requirements of Section 3 of Article IX of the Oregon Constitution, ORS 319.020 relating to aircraft and motor vehicle fuel, and ORS 319.530.

(9) "Petroleum Supplier" has the meaning given that term in ORS 469.421.

(10) "Person" has the meaning given that term in ORS 469.300.

(11) "Proprietary Information" means information in which its owner has an important, established financial or competitive interest and value. Proprietary information shall be determined by these indicators:

(a) Whether the information is treated as confidential by its owner;

(b) Whether its owner has made the information available to others, and the reason for such disclosure;

(d) The cost of developing the information;

(e) The potential for financial or competitive loss to its owner if the information is disclosed;

(f) Whether the information legally is protected by patents or copyrights, etc.

(12) "Retail Sales" means sales to the ultimate consumer.

(13) ”Synthetic Gas” means a gas or gas mixture that is produced or collected for use as fuel. Synthetic Gas includes landfill gas, digester gas, biogas and biomethane.

(14) "Ultimate Consumer" means a customer who purchases energy for his own use and not for resale.

(15) "Utility" has the meaning given that term in ORS 469.300.

(16) "Wholesale sales" means sales of electricity, natural gas or petroleum products for subsequent resale.

History

Statutory/Other Authority: ORS 183 & 469
Statutes/Other Implemented: ORS 469.421
DOE 5-2010, f. & cert. ef. 6-16-10
DOE 3-2009(Temp), f. & cert. ef. 12-21-09 thru 6-17-10
DOE 6-1984, f. & ef. 5-10-84
DOE 7-1982, f. & ef. 5-3-82
DOE 5-1981(Temp), f. & ef. 11-2-81
DOE 4-1981(Temp), f. & ef. 9-14-81
DOE 3-1981(Temp), f. & ef. 8-26-81

Or. Admin. R. 330-075-0025 Energy Resource Suppliers Gross Operating Revenue Reporting Requirements

(1) Energy resource suppliers with one or more locations or service areas in Oregon shall complete and submit the appropriate Department-supplied form or forms based on the suppliers energy type. The information provided on the forms shall when appropriate:

(a) Contain information relating to total gross operating revenue derived from the energy resource supplier's operations within Oregon during the most recently completed calendar year. Energy resource suppliers whose energy generation, transmission or distribution activities within Oregon are undertaken to directly supply the suppliers operations at the same location and not for the primary purpose of distribution or sale, shall report only gross operating revenue from supplying, transmitting or distributing energy to another person. Energy resource suppliers who receive revenue from multiple business activities shall report only the gross operating revenue from supplying, generating, transmitting or distributing energy. ; and

(b) Contain gross operating revenues relating to wholesale and retail sales by the petroleum supplier of distillate fuel oil within Oregon during the most recently completed calendar year.

(2) Except as provided in OAR 330-075-0035, every energy resource supplier with one or more locations in Oregon shall submit a completed Department-supplied form on or before May 1 of each year. Forms shall be considered submitted as of the post mark date or receipt at the Department, whichever is earlier.

[Forms: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183 & 469
Statutes/Other Implemented: ORS 469.421
DOE 5-2010, f. & cert. ef. 6-16-10
DOE 3-2009(Temp), f. & cert. ef. 12-21-09 thru 6-17-10
DOE 6-1984, f. & ef. 5-10-84
DOE 7-1982, f. & ef. 5-3-82
DOE 5-1981(Temp), f. & ef. 11-2-81
DOE 4-1981(Temp), f. & ef. 9-14-81
DOE 3-1981(Temp), f. & ef. 8-26-81

Or. Admin. R. 330-075-0030 Submission Deadline

(1) Except as provided in OAR 330-075-0035, every energy resource supplier shall submit the completed ODOE Form ESA-1 required by 330-075-0025(1) on or before May 1 of each year.

(2) Except as provided in OAR 330-075-0035, every petroleum supplier shall submit the completed ODOE Form ESA-2, required by 330-075-0025(2), on or before May 1, of each year.

(3) Forms subject to this rule shall be deemed submitted as of the post mark date or receipt at the Department, whichever is earlier. Submissions shall be properly addressed and postage shall be prepaid. Each form shall be legible and complete.

[Forms: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183 & 469
Statutes/Other Implemented: ORS 469.421
Reverted to DOE 6-1984, f. & ef. 5-10-84
Suspended by DOE 3-2009(Temp), f. & cert. ef. 12-21-09 thru 6-17-10
DOE 6-1984, f. & ef. 5-10-84
DOE 7-1982, f. & ef. 5-3-82
DOE 5-1981(Temp), f. & ef. 11-2-81
DOE 3-1981(Temp), f. & ef. 8-26-81

Or. Admin. R. 330-075-0035 Extension of Submission Deadline

(1) Any energy resource supplier which finds it cannot meet the deadline set forth in OAR 330-075-0025 may apply to the Director for an extension of time. The written application shall include the following:

(a) The reasons why the deadline cannot be met;

(b) The measures being taken to comply with the deadline; and

(2) A petition for extension of time must be submitted no later than 15 days before the deadline from which an extension is sought.

(3) The Director may grant an extension of not more than fifteen days if:

(a) The energy supplier makes a showing of hardship caused by the deadline;

(b) The energy supplier provides reasonable assurance that the energy supplier can comply with the revised deadline; and

History

Statutory/Other Authority: ORS 183 & 469
Statutes/Other Implemented: ORS 469.421
DOE 5-2010, f. & cert. ef. 6-16-10
DOE 3-2009(Temp), f. & cert. ef. 12-21-09 thru 6-17-10
DOE 6-1984, f. & ef. 5-10-84
DOE 7-1982, f. & ef. 5-3-82
DOE 5-1981(Temp), f. & ef. 11-2-81
DOE 3-1981(Temp), f. & ef. 8-26-81

Or. Admin. R. 330-075-0040 Proprietary Information

An energy resource supplier may request that information submitted pursuant to OAR 330-075-0010 to 330-075-0035 be treated by the Director as proprietary information and maintained in confidence. Any such request shall be made at the time the information is submitted. Such request shall comply with the procedure set forth in 330-010-0005 to 330-010-0030. The Director’s decision on the request will be made in accordance with 330-010-0030.

History

Statutory/Other Authority: ORS 183 & 469
Statutes/Other Implemented: ORS 469.421
DOE 6-1984, f. & ef. 5-10-84
DOE 7-1982, f. & ef. 5-3-82
DOE 5-1981(Temp), f. & ef. 11-2-81
DOE 3-1981(Temp), f. & ef. 8-26-81

Or. Admin. R. 330-075-0045 Retention of Supporting Documentation by Energy Resource Suppliers

Supporting documentation used by the energy resource supplier in compiling the information submitted pursuant to OAR 330-075-0010 to 330-075-0045 shall be kept available by the energy resource supplier for inspection by the Department for three years from the date of submission.

History

Statutory/Other Authority: ORS 183 & 469
Statutes/Other Implemented: ORS 469.421
DOE 6-1984, f. & ef. 5-10-84
DOE 7-1982, f. & ef. 5-3-82
DOE 5-1981(Temp), f. & ef. 11-2-81
DOE 3-1981(Temp), f. & ef. 8-26-81

Division 80 STATE ADMINISTRATION OF FEDERAL PETROLEUM ALLOCATION PROGRAMS FOR MOTOR GASOLINE AND MIDDLE DISTILLATES

Or. Admin. R. 330-080-0005 Purpose

(1) In response to the Arab oil embargo of 1973, the federal government has, through the Emergency Petroleum Allocation Act of 1973 and other statutes, and through regulations adopted pursuant thereto, established a series of programs governing the allocation and pricing of crude oil and refined petroleum products. Among these are:

(a) The “state set-aside program” (10 CFR 211.17), whereby a percentage of the total expected supply of a product is received each month to be allocated to alleviate hardships and emergencies; and

(b) A program (10 CFR 211.12(f)), whereby new end-users can apply for an assignment of an allocated product or a supplier.

(2) Administration of the described programs may be delegated to states. Oregon has requested the Region X Office of the U.S. Department of Energy (US DOE) for this authority as to motor gasoline and middle distillates only.

(3) The purpose of these rules is to provide the substantive framework for administering these federal programs as to motor gasoline and middle distillates only. To the extent possible, definitions of terms and substantive provisions have been taken directly from existing federal regulations. Copies of federal regulations incorporated herein by reference are available from, Oregon Department of Energy (ODOE).

(4) The basic philosophy of ODOE in implementing these programs is to alleviate emergency or hardships of actual end-users of motor gasoline and middle distillates and to alleviate regional shortages of gasoline available to the general public. Therefore, in making decisions under these rules, the emphasis will be to assure needed supplies to such end-users, taking into consideration the allocation priorities established by federal law.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.030
DOE 5-1979, f. & ef. 10-29-79
DOE 4-1979(Temp), f. & ef. 9-20-79
DOE 3-1979(Temp), f. & ef. 5-24-79

Or. Admin. R. 330-080-0010 Definitions

(1) Unless the context clearly requires otherwise, the following definitions shall apply:

(a) The terms “action,” “adjustment,” “aggrieved,” “assignment,” “duly authorized representative,” “EPAA,” “EPCA,” “exception,” “exemption,” “order,” “person,” and “proceeding” shall be as defined in 10 CFR 205.2;

(b) The terms “adjusted base period volume,” “base period,” “end-user,” “firm,” “motor gasoline,” “prime supplier,” “purchaser,” “state set-aside,” “supplier,” “total supply,” “wholesale purchaser-reseller,” and “wholesale purchaser-consumer” shall be as defined in 10 CFR 211.51.

(c) “Midle distillate” means No. 1 heating oil, No. 1-D diesel fuel, No. 2 heating oil, No. 2-D diesel fuel and kerosene, as those products are defined in 10 CFR 212.31.

(d) “Hardship” means a situation involving a potentially substantial physical discomfort or danger, or substantial economic dislocation, caused by a shortage of motor gasoline or middle distillates.

(e) “Emergency” means a situation of substantial hardship which is imminent and not remediable without state assistance.

(f) “State Office” means the Oregon Department of Energy.

(g) “Allocation Officer” means the person or persons within the State Office authorized to receive, evaluate, and act upon applications.

(h) “Reviewing Officer” means the person or persons designated by the Director of the State Office, none of whom shall serve as an “Allocation Officer,” authorized to review, evaluate, and act upon appeals of orders issued by Allocation Officers.

(2) References herein to Title 10, Code of Federal Regulations, are to those sections thereof as adopted (even if on a standby basis) on the effective date of these rules, including special rules issued by the U.S. Department of Energy.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.030
DOE 5-1979, f. & ef. 10-29-79
DOE 4-1979(Temp), f. & ef. 9-20-79
DOE 3-1979(Temp), f. & ef. 5-24-79

Or. Admin. R. 330-080-0015 State Set-Aside Program

(1) Scope and Purpose: The state set-aside shall be utilized by the State Office to meet hardship and emergency requirements of all wholesale purchaser-consumers and end-users of motor gasoline and middle distillates within Oregon. The State Office may direct that a wholesale purchaser-reseller be supplied from the state set-aside in order that it can supply wholesale consumers and end-users experiencing hardship of emergency.

NOTE: Under Special Rule 7, the wholesale purchaser-seller must have had a supplier/purchaser relationship with the wholesale purchaser-consumer or end-user on March 1, 1979.

(2) Who May Apply: A wholesale purchaser-consumer or an end-user seeking an assignment from the state set-aside system to meet a hardship or emergency requirement, and a wholesale purchaser-reseller seeking an assignment to enable him to supply such wholesale purchaser-consumer and/or end-user, may apply.

(3) Where to File: All applications under these programs shall be made to the State Office, Department of Energy, Room 102 Labor and Industries Building, Salem, OR 97310, Attention: Allocation Officer.

(4) What to File: Applications for assignment from the state set-aside system may be by the appropriate State Office form, or other written communication, or by oral (including telephonic) request. Oral applications must be supplemented with a written certification of the hardship or emergency circumstances within ten days. The federal and state penalties for falsifying information for written applications also apply to information submitted as oral applications. The State Office may require any reasonable information needed to verify the validity of the applicant’s claims.

(5) Content of Application:

(a) An applicant shall provide sufficient information to enable the State Office to determine that the proposed allocation satisfies the objective of the EPAA and 10 CFR Part 211. An applicant must file its application on the application form required by the State Office;

(b) If the applicant is a wholesale purchaser-reseller, it shall describe the wholesale purchaser-consumers and end-users that will be supplied and their hardship and emergency requirements;

(c) The State Office may return incomplete applications or require additional information needed to verify information contained in an application.

(6) State Office Evaluation:

(a) Investigation: The State Office may initiate an investigation of the application and utilize in its evaluation any relevant facts obtained. The applicant shall be afforded an opportunity to respond to any third-person submissions obtained. The State Office may convene a conference if it considers that doing so will advance its evaluation;

(b) Criteria:

(A) Assignments shall be made only to applicants who demonstrate hardship or emergency requirements. Pursuant to 10 CFR Subsection 211.103(b), the following uses are considered top priority uses: essential military and readiness-oriented operations of the Department of Defense; agricultural production; emergency services; energy production; sanitation services; telecommunication services; passenger transportation services; aviation ground support vehicles and equipment; and cargo, freight and mail hauling by truck. The State Office will consider these priorities for both gasoline and diesel oil. While considering these priorities, the State Office will also give due consideration to the degree of hardship or emergency suffered, or likely to be suffered, if an assignment is not given. The State Office may also take action to avoid localized or regional hardships which can be alleviated by state assignments. Any situation which poses an immediate threat to life, health, or safety will take presidence over other priorities;

(B) The State Office may use the set-aside for motor gasoline to meet the supply needs of motor gasoline retailers who have experienced or will experience a supply shortage resulting in hardship or economic dislocation. Gasoline retailers applying for assignments of volumes to alleviate a supply shortage must follow the procedures set forth in these rules. Assignments to meet the hardship and emergency requirements of wholesale purchaser-consumers and end-users will be given priority by the State Office over assignments to motor gasoline retailers;

(C) Any assignment ordered by the State Office shall conform to the requirements of Section 4(b)(1) of the EPAA and 10 CFR 211.17.

(7) State Action:

(a) All hardship and emergency applications for assignment from the state set-aside shall be filed with and resolved by the State Office in accordance with these rules. Applicants shall identify their existing supplier, or if they do not have a supplier, make reasonable efforts to locate two suppliers which could provide the allocated product. The State Office may assign a supplier to an applicant who does not have a supplier or whose existing supplier terminates service;

(b) If the State Office approves a hardship or emergency application, it shall assign a prime supplier and an amount from the state set-aside to the applicant. To determine an appropriate prime supplier, the State Office may coordinate with the state representative of the prime suppliers;

(c) The State Office has the authority to cross-assign end-users or wholesale purchasers, if such cross-assignment does not result in undue hardship and is necessary to alleviate inadequate supply allocation problems consistent with federal regulations;

(d) Any order by the State Office is binding on the applicant and its supplier and is effective immediately upon issuance;

(e) The final decision of the State Office as embodied in the order issued at the completion of any appellate proceeding regarding an application for assignment due to hardship or emergency requirements shall be subject to judicial review as prescribed by Section 211 of the Economic Stabilization Act of 1970.

NOTE: With respect to final decisions on middle distillates, the final decision of the State Office may be appealed to the Region X Office of the US DOE.

(8) Authorizing Document: The State Office shall issue to an applicant granted an assignment an authorizing document, and shall provide a copy to the designated state representative of the assigned prime supplier and to the designated distributor, jobber or reseller, if any. The authorizing document is effective upon issuance, and represents a call on the prime supplier’s set-aside volumes for the month of issuance, irrespective of the fact that delivery of the product subject to the authorizing document cannot be made until the following month. An order shall be issued by the State Office for all applications unless the application is withdrawn by the applicant or unless the applicant fails to complete the application as required by section (5) of this rule. If not presented to either the prime supplier or its designated local distributor within ten days of issuance, the document expires.

(9) Decision and Order:

(a) The State Office shall issue its decision in the form of an order denying or granting the application. (For purposes of this section, an order may be the “authorizing document” referred to in section (8) of this rule.);

(b) The order shall include a brief written statement summarizing its factual and legal bases, and shall provide that any person aggrieved by it may file an appeal with the State Office;

(c) The order shall state that it is effective upon issuance and, if affirmative, that it expires within ten days unless presented to the prime supplier or its designated local representative;

(d) The State Office shall provide a copy of the order upon the applicant, and the prime supplier’s designated state representative.

(10) Timeliness:

(a) If the State Office fails to take action on an application under the state set-aside program within ten days of filing or, under the assignment to new end-users program, within 90 days of filing, it shall be deemed denied in all respects, and the applicant may appeal;

(b) The State Office may temporarily suspend the running of the ten-day period if it finds that additional information is necessary or that the application was improperly filed. The temporary suspension shall remain in effect until the State Office deems the deficiencies cured and so notifies the applicant.

(11) Appeal: Any person aggrieved by the state set-aside assignment order may file an appeal with the State Office in accordance with the procedures established in these rules. The appeal shall be filed within 15 days of services of the order in a set-aside proceeding and within 30 days of service of the order in an assignment proceeding. There has not been an exhaustion of administrative remedies until an appeal has been filed and the appellate proceeding is completed by the issuance of an order granting or denying the appeal.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.030
DOE 5-1979, f. & ef. 10-29-79
DOE 4-1979(Temp), f. & ef. 9-20-79
DOE 3-1979(Temp), f. & ef. 5-24-79

Or. Admin. R. 330-080-0020 Prime Supplier’s Responsibilities

(1) State Representative: Each prime supplier shall notify in writing the State Office of its designated representative, which shall be a firm with a place of business in Oregon. The State Office shall, to the maximum extent possible, consult with the designated representative prior to issuing any authorizing document affecting state set-aside volumes to be provided by the prime supplier.

(2) State Set-Aside Volume:

(a) A prime supplier shall inform the State Office and the Region X Office of US DOE monthly in accordance with 10 CFR 211.222(b) of the estimated volume of motor gasoline and middle distillate subject to state set-aside to be sold into Oregon for consumption within Oregon;

(b) At the time of issuance of these rules state set-aside percentage level is five percent of motor gasoline and four percent of middle distillates. Any change in these percentages will be published by the State Office. The State Office has the authority, subject to federal approval, to revise the set-aside percentage level upwards or downwards as the supply situation requires;

(c) The set-aside volume available for a particular month shall be the sum of the amounts calculated by multiplying the state set-aside percentage level by each prime supplier’s estimated portion of its total supply for that month which will be sold into Oregon’s distribution system for consumption within Oregon.

(3) Release of State Set-Aside:

(a) All prime suppliers shall supply products from their state set-aside volume each month, as directed by the State Office, based on the actual volume delivered by the suppliers to purchasers in the state. Suppliers shall provide the applicant with the assigned amount of an allocated product from any convenient local distributor. Wholesale purchaser-resellers of prime suppliers shall honor authorizing documents upon presentation, and shall not delay deliveries required by the authorizing document while confirming such deliveries with the prime suppliers, and shall receive from its supplier an equivalent volume of the allocated product;

(b) Any portion of a state set-aside volume which is not allocated during a particular month or which is not subject to an authorizing document issued no later than the last day of that month is part of the prime supplier’s total supply for the subsequent month, and shall be distributed according to the allocation procedures in 10 CFR Part 211;

(c) At any time during a month, the State Office may order part or all of a prime supplier’s set-aside volume released for normal distribution;

(d) The State Office may designate geographical areas within Oregon as suffering from an intra-state supply imbalance, and may order some or all of the prime suppliers with purchasers within such geographical areas to release part or all of their set-aside volume through their normal distribution systems to increase the allocations within such areas;

(e) Orders issued by the State Office are effective upon presentation to the designated state representative, and represent a call on the prime supplier’s set-aside volumes for the month of issuance even though delivery cannot be made until the following month.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.030
DOE 5-1979, f. & ef. 10-29-79
DOE 4-1979(Temp), f. & ef. 9-20-79
DOE 3-1979(Temp), f. & ef. 5-24-79

Or. Admin. R. 330-080-0025 Appeals of Allocation Officer’s Order

(1) Who may file: The applicant, or any other person aggrieved by an order issued by an Allocation Officer may appeal.

(2) What to file:

(a) An appellant shall file a written, signed, and clearly labeled “Appeal of Order” with the Reviewing Office, State Office, Oregon Department of Energy, 102 Labor and Industries Building, Salem, OR 97310;

(b) The appeal shall contain a citation to the order appealed from, a concise statement of all factual and legal grounds upon which it is brought, and a description of the relief sought. If the appeal includes a request for relief based on significantly changed circumstances, there shall be a complete description of the events, acts, or transactions that comprise the significantly changed circumstances, and the appellant shall state why, if the significantly changed circumstance is new or newly discovered facts, such facts were not or could not have been presented during the prior proceeding.

(3) Notice:

(a) The appellant shall mail a copy of the appeal and any other documents relating thereto, to each person who it reasonably anticipates will be aggrieved by the action sought, including those who participated in the proceeding before the Allocations Officer. The copy shall be accompanied by a statement that the person may submit comments regarding the appeal to the Reviewing Officer within ten days. The appeal shall include certification to the State Office that the appellant has complied with the requirements of this paragraph and shall include the names and addresses of each person to whom a copy of the appeal was sent;

(b) The Reviewing Officer shall serve notice on any other person readily identifiable by it as one who will be aggrieved by the action sought, inviting written comments regarding the appeal within ten days of service of that notice;

(c) Any person submitting written comments to the Reviewing Officer shall send a copy thereof to the appellant, and shall certify to the Reviewing Officer that it has done so;

(d) The appellant shall state whether he requests a conference with the Reviewing Officer regarding the appeal.

(4) Reviewing Officer’s Evaluation:

(a) Processing:

(A) The Reviewing Officer may initiate an investigation of any statement in an appeal and utilize in its evaluation any relevant facts obtained by such investigation. The Reviewing Officer may convene a conference or hearing to advance its evaluation;

(B) If the Reviewing Officer determines that there is insufficient information upon which to base a decision and if, upon request, the necessary additional information is not submitted, the Reviewing Officer may dismiss the appeal with leave to amend within a specified time. If the appellant fails to provide the notice required by 10 CFR 205.104, the Reviewing Officer may dismiss the appeal without prejudice.

(b) Criteria:

(A) An appeal may be summarily denied if:

(i) It is not filed in a timely manner, unless good cause is shown; or

(ii) It is defective on its fact for failure to state and to present facts, and legal argument in support thereof, that the Allocation Officer’s action was erroneous in fact or in law, or that it was arbitrary or capricious;

(iii) The Reviewing Officer may deny all appeals if the appellant does not establish that:

(I) The appeal was filed by an aggrieved person;

(II) The Allocation Officer’s action was erroneous in face or in law; or

(III) The Allocation Officer’s action was arbitrary or capricious.

(5) Decision and Order:

(a) The Reviewing Officer shall render its decision by issuance of an appropriate order, which may include the modification of the order that is the subject of the appeal;

(b) The order shall include a written statement setting forth the relevant facts and the legal basis of the order. The order shall state that it is a final order of which the appellant may seek judicial review;

(c) The Reviewing Officer shall serve a copy of the order upon the appellant, and any other person who participated in the proceeding.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.030
DOE 5-1979, f. & ef. 10-29-79
DOE 4-1979(Temp), f. & ef. 9-20-79
DOE 3-1979(Temp), f. & ef. 5-24-79

Or. Admin. R. 330-080-0030 Stays Pending Appeal

(1) Scope: An application for a stay will only be considered:

(a) Incident to or pending an appeal from an order of the Allocation Officer; or

(b) Pending judicial review.

(2) What to file:

(a) A person filing under this subpart shall file a written, signed and clearly labeled “Application for Stay” with the Reviewing Officer;

(b) The application shall contain a full and complete statement of all relevant facts pertaining to the act or transaction, including, but not limited to, all information that related to the criteria in OAR 330-080-0030(4)(b).

(3) Notice:

(a) When administratively feasible, the Reviewing Officer shall notify and accept written comments from each person readily identifiable as one who would be aggrieved, that the applicant has filed for a stay;

(b) Any person submitting written comments to the Reviewing Officer shall send the applicant a copy thereof, and shall certify to the Reviewing Officer that it has complied with the requirements of this subsection;

(4) Reviewing Officer’s Evaluation:

(a) Processing:

(A) The Reviewing Officer may initiate an investigation of any statement in an application and utilize in its evaluation any relevant facts obtained. The Reviewing Officer may solicit and accept submissions from third persons relevant to any application provided that the applicant is afforded an opportunity to respond to all third-person submissions. In evaluating an application, the Reviewing Officer may consider any other source of information. The Reviewing Officer may convene a conference to advance its evaluation of the application;

(B) The Reviewing Office shall process applications for stay as expeditiously as possible. When administratively feasible, the Reviewing Officer shall grant or deny the application for stay within ten business days after receipt of the application.

(b) Criteria. The grounds for granting a stay are:

(A) A showing that irreparable injury will result in the event that the stay is denied;

(B) A showing that denial of the stay will result in a more immediate serious hardship or gross inequity to the applicant than to the other persons affected by the proceeding;

(C) A showing that it would be desirable for public policy or other reasons to preserve the status quo pending a decision on the merits of the appeal or exception;

(D) A showing that it is impossible for the applicant to fulfill the requirements of the original order; and

(E) A showing that there is a likelihood of success on the merits.

(5) Decision and Order:

(a) Upon consideration of the application and other relevant information received or obtained during the proceeding, the Reviewing Officer shall issue an order granting or denying the application;

(b) The order shall include a written statement setting forth the relevant facts and the legal basis of the decision, and the terms and conditions of the stay;

(c) The Reviewing Officer shall serve a copy of the order upon the applicant, any other person who participated in the proceeding and upon any other person readily identifiable by the Reviewing Officer as one who is aggrieved by such decision.

(6) Temporary Stay:

(a) The Reviewing Officer may issue an order granting a temporary stay if it determines that an applicant has made a compelling showing that it would incur irreparable injury unless immediate stay relief is granted pending the submission of or determination on an application for stay pursuant to this subpart. An application for stay shall describe the facts and circumstances which support the applicant’s claim that it will incur irreparable injury unless immediate stay relief is granted. The Reviewing Officer on its own initiative may also issue an order granting a temporary stay upon a finding that a person will incur irreparable injury if such an order is not granted;

(b) An order granting a temporary stay shall expire by its terms within such time after issuance, not to exceed 20 days, as the Reviewing Officer specifies in the order, except that it shall expire automatically five days following its issuance if the applicant fails within that period to file an application for stay, unless within that period the Reviewing Officer, for good cause shown, extends the time during which the applicant may file and application for stay.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469.030
DOE 5-1979, f. & ef. 10-29-79
DOE 4-1979(Temp), f. & ef. 9-20-79
DOE 3-1979(Temp), f. & ef. 5-24-79

Division 92 MINIMUM ENERGY EFFICIENCY STANDARDS FOR STATE-REGULATED APPLIANCES AND EQUIPMENT

Or. Admin. R. 330-092-0005 Purpose; Applicability

(1) Purpose: The purpose of these rules is to establish procedures to govern the enforcement and amendment of standards found in ORS 469.229 through 469.261, which establish minimum energy efficiency standards for equipment and appliances for sale or use in Oregon that are not federally regulated, and to establish new minimum energy efficiency standards in accordance to the procedures specified in ORS 469.261.

(2) Applicability of standards: A person may not sell, offer for sale, or install a product after the effective date specified in OAR 330-092-0015 unless that product meets or exceeds the minimum energy efficiency standards, listing, and labeling requirements specified in these rules. If the effective date is based on the date of manufacture, only products that are manufactured on or after that date are subject to the scope of these rules.

(3) Applicability of listing requirements: The listing requirements in OAR 330-092-0025 shall apply to products as long as that listing is available for the specific standard and product. If such a listing becomes unavailable, the department may determine and provide notification that there is no listing requirement for that specific product or category.

(4) Applicability of labeling requirements: The labeling requirements in OAR 330-092-0045 shall apply to products as long as that label is available for the specific standard and product. If such a label becomes unavailable, the department may determine and provide notification that there is no labeling requirement for that specific product or category.

History

Statutory/Other Authority: ORS 469.040, ORS 469.255 & ORS 469.261
Statutes/Other Implemented: ORS 469.229–469.261
DOE 2-2020, amend filed 08/28/2020, effective 09/01/2021
DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14
DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08

Or. Admin. R. 330-092-0010 Definitions

As used in OAR 330-092-0010 through 330-092-0070:

(1) “Bottle-type water dispenser” or “water cooler” means a water dispenser that uses a bottle or reservoir as the source of potable water. This includes freestanding devices that consume energy to cool or heat potable water, including cold only units, hot and cold units, cook and cold units, storage-type units, and on-demand units.

(2) “California Rule" means Title 20, Division 2, Chapter 4, Article 4, California Code of Regulations, in effect on January 2019, revised September 2019.

(3) “Commercial dishwasher” means a machine designed to clean and sanitize plates, pots, pans, glasses, cups, bowls, utensils, and trays by applying sprays of detergent solution (with or without blasting media granules) and a sanitizing rinse.

(4) “Commercial fryer” means an appliance, including a cooking vessel, in which oil is placed to such a depth that the cooking food is essentially supported by displacement of the cooking fluid rather than by the bottom of the vessel. Heat is delivered to the cooking fluid by means of an immersed electric element of band-wrapped vessel (electric fryers) or by heat transfer from gas burners through either the walls of the fryer or through tubes passing through the cooking fluid (gas fryers).

(5) “Commercial steam cooker,” also known as “compartment steamer,” means a device with one or more food-steaming compartments in which the energy in the steam is transferred to the food by direct contact. Models may include countertop models, wall-mounted models, and floor models mounted on a stand, pedestal, or cabinet-style base.

(6) “Computers” and “computer monitors” have the meaning as used in California Rule.

(7) "Director" means the Director of the Oregon Department of Energy.

(8) "Department" means the Oregon Department of Energy.

(9) "Equipment" means a category of equipment or appliances regulated by ORS 469.229 to 469.261 and described in OAR 330-092-0015, below.

(10) “Electric storage water heater" means a consumer product that uses electricity as the energy source to heat domestic potable water, has a nameplate input rating of twelve kilowatts or less, contains nominally forty gallons but no more than one hundred twenty gallons of rated hot water storage volume, and supplies a maximum hot water delivery temperature less than one hundred eighty degrees Fahrenheit.

(11) “Faucet” and the following related terms have the meaning as used in California Rule:

(a) “Lavatory faucet”

(b) “Lavatory replacement aerator”

(d) “Kitchen replacement aerator”

(e) “Public lavatory faucet”

(f) “Flow rate”

(g) “Plumbing fitting”

(h) “Showerhead”

(i) “Water use”

(12) “High color rendering index (CRI) fluorescent lamp” means a fluorescent lamp with a color rendering index of eighty-seven or greater that is not a compact fluorescent lamp.

(13) "MAEDbS" means the modernized appliance efficiency database system established pursuant to section 1606(c) of the California Rule and maintained by the California energy commission.

(14) “Portable electric spa” means a factory-built electric spa or hot tub which may or may not include any combination of integral controls, water heating or water circulating equipment.

(15) "Pressure regulator" means a device that maintains constant operating pressure immediatesly downstream from the device, given higher pressure upstream.

(16) "Product" means a particular model number or series available from a particular manufacturer, as distinct from a category of equipment.

(17) “Residential ventilating fan” means a ceiling, wall-mounted, or remotely mounted in-line fan designed to be used in a bathroom or utility room, whose purpose is to move air from inside the building to the outdoors.

(18) "Spray sprinkler body" means the exterior case or shell of a sprinkler incorporating a means of connection to the piping system designed to convey water to a nozzle or orifice.

History

Statutory/Other Authority: ORS 469.040, ORS 469.255 & ORS 469.261
Statutes/Other Implemented: ORS 469.229–469.261 & OL 2022, chapter 4 (House Bill 4057)
DOE 5-2022, amend filed 12/02/2022, effective 01/01/2023
DOE 2-2021, amend filed 11/23/2021, effective 01/01/2022
DOE 2-2020, amend filed 08/28/2020, effective 09/01/2021
DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14
DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08

Or. Admin. R. 330-092-0015 Effective Dates for Regulated Equipment

The following list specifies the effective dates for equipment standards, test procedures, listing, and labeling requirements which have been adopted in these rules.

(1) Bottle-type water dispensers, as defined in OAR 330-092-0010(1): The standards in OAR 330-092-0020(1) are effective for bottle-type water dispensers that are manufactured on or after January 1, 2022.

(2) Commercial hot food holding cabinets, as defined in ORS 469.229(13): The standards in ORS 469.233(2) are effective September 1, 2009 for sale of equipment in Oregon and September 1, 2010 for installation.

(3) Compact audio products, as defined in ORS 469.229(15): The standards in ORS 469.233(3) are effective September 1, 2009 for sale of equipment in Oregon and September 1, 2010 for installation.

(4) Digital versatile disc players and digital versatile disc recorders, as defined in ORS 469.229(21): The standards in ORS 469.233(4) are effective September 1, 2009 for sale of equipment in Oregon and September 1, 2010 for installation.

(5) Portable electric spas, as defined in OAR 330-092-0010(14): The standards in OAR 330-092-0020(5) are effective for portable electric spas that are manufactured on or after January 1, 2022.

(6) Televisions, as defined in ORS 469.229(46): The standards in ORS 469.233(6) are effective for televisions that are manufactured on or after January 1, 2014.

(7) Battery charger systems, as defined in ORS 469.229(6): The standards in ORS 469.233(7) are effective for:

(a) Large battery charger systems manufactured on or after January 1, 2014. Federally regulated large battery charger systems that are manufactured on or after June 13, 2018 are pre-empted from further state regulation.

(b) Small battery charger systems for sale at retail that are not USB charger systems with a battery capacity of 20 watt- hours or more and that are manufactured on or after January 1, 2014. Federally regulated small battery charger systems that are manufactured on or after June 13, 2018 are pre-empted from further state regulation.

(c) Small battery charger systems for sale at retail that are USB charger systems with a battery capacity of 20 watt- hours or more and that are manufactured on or after January 1, 2014. Federally regulated small battery charger systems that are manufactured on or after June 13, 2018 are pre-empted from further state regulation.

(d) Small battery charger systems that are not sold at retail that are manufactured on or after January 1, 2017. Federally regulated small battery charger systems that are manufactured on or after June 13, 2018 are pre-empted from further state regulation.

(e) Inductive charger systems manufactured on or after January 1, 2014, unless the inductive charger system uses less than one watt in battery maintenance mode, less than one watt in no battery mode and an average of one watt or less over the duration of the charge and battery maintenance mode test. Federally regulated inductive charger systems that are manufactured on or after June 13, 2018 are pre-empted from further state regulation.

(f) Battery backups and uninterruptible power supplies, manufactured on or after January 1, 2014, for small battery charger systems for sale at retail, which may not consume more than 0.8+ (0.0021xEb) watts in battery maintenance mode, where (Eb) is the battery capacity in watt-hours. Federally regulated uninterruptible power supplies that are manufactured on or after June 13, 2018 are pre-empted from further state regulation.

(g) Battery backups and uninterruptible power supplies, manufactured on or after January 1, 2017, for small battery charger systems not sold at retail, which may not consume more than 0.8+ (0.0021xEb) watts in battery maintenance mode, where (Eb) is the battery capacity in watt-hours. Federally regulated uninterruptible power supplies that are manufactured on or after June 13, 2018 are pre-empted from further state regulation.

(8) High light output double-ended quartz halogen lamps, as defined in ORS 469.229(27): The standards in ORS 469.233(8), are effective January 1, 2016, for sale of equipment and installation.

(9) High CRI fluorescent lamps: The standards in OAR 330-092-0020(9) are effective for high CRI fluorescent lamps that are manufactured on or after January 1, 2023.

(10) Computers and computer monitors: The standards in OAR 330-092-0020(10) are effective for computers and computer monitors that are manufactured on or after January 1, 2022.

(11) Plumbing fittings:

(a) Lavatory faucets and lavatory replacement aerators: The standards in OAR 330-092-0020(11) are effective for lavatory faucets and lavatory replacement aerators that are manufactured on or after January 1, 2022; and

(b) Kitchen faucets and kitchen replacement aerators: The standards in OAR 330-092-0020(11) are effective for kitchen faucets and kitchen replacement aerators that are manufactured on or after January 1, 2022; and

(c) Public lavatory faucets: The standards in OAR 330-092-0020(11) are effective for public lavatory faucets that are manufactured on or after January 1, 2022; and

(d) Showerheads: The standards in OAR 330-092-0020(11) are effective for showerheads that are manufactured on or after January 1, 2022.

(12) Commercial fryers: The standards in OAR 330-092-0020(12) are effective for commercial fryers that are manufactured on or after January 1, 2022.

(13) Commercial dishwashers: The standards in OAR 330-092-0020(13) are effective for commercial dishwashers that are manufactured on or after January 1, 2022.

(14) Commercial steam cookers: The standards in OAR 330-092-0020(14) rules are effective for commercial steam cookers that are manufactured on or after January 1, 2022.

(15) Residential ventilating fans: The standards in OAR 330-092-0020(15) are effective for residential ventilating fans that are manufactured on or after January 1, 2022.

(16) Electric storage water heaters: The standards in OAR 330-092-0020(16) are effective for electric storage water heaters that are manufactured on or after July 1, 2023.

(17) Spray Sprinkler Bodies: The standards in OAR 330-092-0020(17) are effective for spray sprinkler bodies that are manufactured on or after January 1, 2023.

History

Statutory/Other Authority: ORS 469.040, ORS 469.255 & ORS 469.261
Statutes/Other Implemented: ORS 469.229–469.261 & OL 2022, chapter 4 (House Bill 4057)
DOE 5-2022, amend filed 12/02/2022, effective 01/01/2023
DOE 4-2022, amend filed 06/13/2022, effective 06/14/2022
DOE 2-2021, amend filed 11/23/2021, effective 01/01/2022
DOE 2-2020, amend filed 08/28/2020, effective 09/01/2021
DOE 2-2018, amend filed 12/10/2018, effective 12/10/2018
DOE 8-2017, amend filed 12/20/2017, effective 12/20/2017
DOE 5-2016, f. & cert. ef. 12-21-16
DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14
DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08

Or. Admin. R. 330-092-0020 Minimum Energy Efficiency Standards and Test Methods

(1) Bottle-type water dispensers: Beginning on the effective date shown in OAR 330-092-0015(1), bottle-type water dispensers or water coolers that are included in the scope of the Environmental Protection Agency "ENERGY STAR® Program Product Specification for Water Coolers, Version 2.0," must have an “on mode with no water draw” energy consumption less than or equal to the following values as measured in accordance with the test requirements of that program:

(a) 0.16 kilowatt-hours per day for cold-only units and cook and cold units;

(b) 0.87 kilowatt-hours per day for storage type hot and cold units; and

(2) Commercial hot food holding cabinets: Beginning on the effective date shown in OAR 330-092-0015(2), commercial hot food holding cabinets shall meet the requirements of ORS 469.233(2).

(3) Compact audio products: Beginning on the effective date shown in OAR 330-092-0015(3), compact audio products shall meet the requirements of ORS 469.233(3).

(4) Digital versatile disc players and digital versatile disc recorders: Beginning on the effective date shown in OAR 330-092-0015(4), digital versatile disc players and digital versatile disc recorders shall meet the requirements of ORS 469.233(4).

(5) Portable electric spas: Beginning on the effective date shown in OAR 330-092-0015(5), portable electric spas must meet the requirements of the American National Standard for portable electric spa energy efficiency (ANSI/APSP/ICC-14 2019) and must be tested in accordance with the method specified in the American National Standard for portable electric spa energy efficiency (ANSI/APSP/ICC-14 2019).

(6) Televisions: Beginning on the effective date shown in OAR 330-092-0015(6), televisions must meet the energy efficiency standards in ORS 469.233(6) as measured in accordance with the federal test procedure described in 10 CFR Section 430.23(h) (Appendix H to Subpart B of Part 430) (2013). Alternatively, until April 23, 2014, television efficiency may be measured in accordance with:

(a) For standby passive mode, the test methods contained in International Electrotechnical Commission (IEC) 62301:2005, Edition 1.0 “Household Electrical Appliances – Measurement of Standby Power”; and

(b) For on mode and power factor test, the test methods contained in IEC 62087:20008(E), Edition 2.0 — “Methods of Measurement for the Power Consumption of Audio, Video and Related Equipment”, Section 11.6.1 — “On mode (average testing with dynamic broadcast-content video signal” and the specifications contained in the California Code of Regulations, Title 20, Division 2, Chapter 4, Article 4, Section 1604(v)(3), effective January 1, 2011.

(7) Battery charger systems: Beginning on the effective date shown in OAR 330-092-0015(7), battery charger systems must meet the energy efficiency standards in ORS 469.233(7) as measured in accordance with:

(a) For small battery charger systems that are not: federally regulated battery chargers, uninterruptible power supplies, or battery backups, the test methods contained in 10 CFR Section 430.23(aa) (Appendix Y to Subpart B of Part 430) (Jan. 1, 2017).

(A) Multi-port battery charger systems shall be tested for 24-hour efficiency and maintenance mode with a battery in each port.

(B) For single port small battery charger systems, the highest 24-hour charge and maintenance energy, maintenance mode, and no battery mode results of the test procedure shall be used for purposes of reporting and determining compliance with ORS 469.233(7)(b).

(C) For purposes of computing the small battery charger system standard, the number of ports included in a multi-port charger system shall be equal to the number ports that are separately controlled. For example, a multi-port charger system that charges eight batteries by using two charge controllers that charge four batteries in parallel would use two for “N” as described in ORS 469.233(7)(b).

(D) Small battery charger systems that are not sold at retail may use the battery manufacturer’s recommended end of discharge voltage in place of values in 10 CFR section 420.23(aa) (Appendix Y to subpart B of part 430) (Jan.1, 2017), Table 3.3.2, where the table’s values are not applicable.

(b) For battery backups and non-federally regulated uninterruptible power supplies, the test methods contained in 10 CFR Section 430.23(aa) (Appendix Y to Subpart B of Part 430) (Jan. 1, 2016).

(c) For large battery charger systems that are not federally regulated battery chargers or federally regulated uninterruptible power supplies, the test methods contained in Energy Efficiency Battery Charger System Test Procedure Version 2.2 dated November 12, 2008, and published by ECOS and EPRI Solutions, with the following modifications.

(A) The test procedure shall be conducted for 100, 80, and 40 percent discharge rates for only one charge profile, battery capacity, and battery voltage. The manufacturer shall test one battery and one charge profile using the following criteria:

(i) the charge profile with the largest charge return factor;

(ii) the smallest rated battery capacity; and

(iii) the lowest voltage battery available at that rated capacity.

(B) The battery manufacturer’s recommended end of discharge voltage may be used in place of values in the test method part 1, section III.F, Table D where the table’s values are not applicable.

(8) High light output double-ended quartz halogen lamps: Beginning on the effective date shown in OAR 330-092- 0015(8), high light output double-ended quartz halogen lamps must meet the energy efficiency standards in ORS 469.233(8), as measured in accordance with the IESNA LM-45: Approved Method for Electrical and Photometric Measurements of General Service Incandescent Filament Lamps published by the Illuminating Engineering Society of North America.

(9) High CRI fluorescent lamps: Beginning on the effective date shown in OAR 330-092-0015(9), high CRI fluorescent lamps shall meet the minimum efficacy requirements contained in Section 430.32(n)(4) of Title 10 of the Code of Federal Regulations as in effect on January 1, 2020, as measured in accordance with Appendix R to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations—“Uniform Test Method for Measuring Average Lamp Efficacy (LE), Color Rendering Index (CRI), and Correlated Color Temperature (CCT) of Electric Lamps”—as in effect on January 1, 2020.

(10) Computers and computer monitors: Beginning on the effective date shown in OAR 330-092-0015(10), computers and computer monitors must meet the requirements in the California Code of Regulations, Title 20, section 1605.3(v) in effect as of December 9, 2021, as measured in accordance with test methods prescribed in section 1604(v) of those regulations.

(11) Plumbing Fittings: Beginning on the effective date shown in OAR 330-092-0015(11), the following plumbing fittings must meet the requirements in the California Code of Regulations, Title 20, section 1605.3 as in effect on January 1, 2020, as measured in accordance with the test methods prescribed in the California Code of Regulations, Title 20, section 1604 as in effect on January 1, 2020.

(a) Lavatory faucets and lavatory replacement aerators

(b) Kitchen faucets and kitchen replacement aerators

(d) Showerheads.

(12) Commercial fryers: Beginning on the effective date shown in OAR 330-092-0015(12), commercial fryers that are included in the scope of the Environmental Protection Agency "ENERGY STAR® Program Product Specification for Commercial Fryers, Version 2.0," must meet the qualification criteria, requirements, and testing requirements for that specification.

(13) Commercial dishwashers: Beginning on the effective date shown in OAR 330-092-0015(13), commercial dishwashers that are included in the scope of the Environmental Protection Agency "ENERGY STAR® Program Product Specification for Commercial Dishwashers, Version 2.0," must meet the qualification criteria, requirements, and testing requirements of that specification.

(14) Commercial steam cookers: Beginning on the effective date shown in OAR 330-092-0015(14), commercial steam cookers that are included in the scope of the Environmental Protection Agency "ENERGY STAR® Program Product Specification for Commercial Steam Cookers" must meet the qualification criteria, requirements, and testing requirements of the "ENERGY STAR® Program Product Specification for Commercial Steam Cookers, version 1.2."

(15) Residential ventilating fans: Beginning on the effective date shown in OAR 330-092-0015(15), residential ventilating fans that are included in the scope of the Environmental Protection Agency "ENERGY STAR® Program Product Specification for Residential Ventilating Fans" shall meet the qualification criteria of the "ENERGY STAR® Program Requirements Product Specification for Residential Ventilating Fans, version 3.2."

(16) Electric storage water heaters:

(a) Beginning on the effective date shown in OAR 330-092-0015(16), electric storage water heaters must have a modular demand response communications port compliant with:

(A) The March 2018 version of the ANSI/CTA–2045-A communication interface standard, or a standard determined by the department to be equivalent; and

(B) The March 2018 version of the ANSI/CTA-2045-A application layer requirements.

(b) Upon written request and submittal of information by a manufacturer, the department will determine whether an alternative communications port and communication interface standard are equivalent for the purposes of subsection (a) of this section. The department encourages manufacturers to also make such a request to other states that have a similar standard. The department may coordinate review of the submittal with other states, and when making its determination may consider if similar requests have been made to other states and any responses from those states in order to encourage consistency between Oregon standards and standards in other states.

(A) Any requested alternative must use a standard that is open and widely available and must provide the demand response functions provided using the standards identified in subsection (a) of this section.

(B) A request for designation of a standard must provide technical documentation demonstrating that the standard satisfies the requirements in (A) of this subsection and must describe any industry or stakeholder process used in developing the standard. The department will provide reasonable opportunity for input by utilities, manufacturers, technical experts and other interested stakeholders prior to determining whether the proposed standard is equivalent. The department will make available on a publicly accessible website any standard that it determines to be equivalent.

(17) Spray Sprinkler Bodies: Beginning on the effective date shown in OAR 330-092-0015(17), spray sprinkler bodies that are included in the scope of the Environmental Protection Agency "WaterSense Specification for Spray Sprinkler Bodies, Version 1.0," must include an integral pressure regulator and meet the water efficiency and performance criteria and other requirements of that specification.

History

Statutory/Other Authority: ORS 469.040, ORS 469.255 & ORS 469.261
Statutes/Other Implemented: ORS 469.229–469.261 & OL 2022, chapter 4 (House Bill 4057)
DOE 5-2022, amend filed 12/02/2022, effective 01/01/2023
DOE 2-2021, amend filed 11/23/2021, effective 01/01/2022
DOE 2-2020, amend filed 08/28/2020, effective 09/01/2021
DOE 2-2018, amend filed 12/10/2018, effective 12/10/2018
DOE 8-2017, amend filed 12/20/2017, effective 12/20/2017
DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14
DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08

Or. Admin. R. 330-092-0025 Product Listing

The following listing requirements shall apply to products as long as that listing is available for the specific standard and product:

(1) Bottle-type water dispensers: each manufacturer must cause to be listed each bottle-type water dispenser, by model number, in the ENERGY STAR® product database.

(2) Commercial hot food holding cabinets: each manufacturer must cause to be listed each commercial hot food holding cabinet, by model number, in MAEDbS.

(3) Compact audio products: each manufacturer must cause to be listed each compact audio product, by model number, in MAEDbS.

(4) Digital versatile disc players and digital versatile disc recorders: each manufacturer must cause to be listed each digital versatile disc players and digital versatile disc recorder, by model number, in MAEDbS.

(5) Portable electric spas: each manufacturer must cause to be listed each portable electric spa, by model number, in MAEDbS.

(6) Televisions: each manufacturer must cause to be listed each television, by model number, in MAEDbS.

(7) Battery charging systems: each manufacturer must cause to be listed each battery charging system, by model number, in MAEDbS.

(8) High light output double-ended quartz halogen lamps: high light output double-ended quartz halogen lamps have no product listing requirement.

(9) High CRI fluorescent lamps: high CRI fluorescent lamps have no product listing requirement.

(10) Computers and computer monitors: each manufacturer must cause to be listed each computer and computer monitor, by model number, in MAEDbS.

(11) Plumbing Fittings:

(a) Lavatory faucets and lavatory replacement aerators: each manufacturer must cause to be listed each lavatory faucet and lavatory replacement aerator, by model number, in MAEDbS.

(b) Kitchen faucets and kitchen replacement aerators; each manufacturer must cause to be listed each kitchen faucet and kitchen replacement aerator, by model number, in MAEDbS

(d) Showerheads: each manufacturer must cause to be listed each showerhead, by model number, in MAEDbS.

(12) Commercial fryers: each manufacturer must cause to be listed each commercial fryer, by model number, in the ENERGY STAR® product database.

(13) Commercial dishwashers: Each manufacturer must cause to be listed each commercial dishwasher, by model number, in the ENERGY STAR® product database.

(14) Commercial steam cookers: each manufacturer must cause to be listed each commercial steam cooker, by model number, in the ENERGY STAR® product database.

(15) Residential ventilating fans: residential ventilating fans have no product listing requirement.

(16) Electric storage water heaters: electric storage water heaters have no product listing requirement.

(17) Spray Sprinkler Bodies: Each manufacturer must cause to be listed each spray sprinkler body, by model number, in the WaterSense product database.

(18) Questions concerning product listing should be directed to the Oregon Department of Energy's Appliance Efficiency Standards Program Manager, askenergy@oregon.gov, 503-378-4040, 550 Capitol Street N.E., Salem, OR 97301.

History

Statutory/Other Authority: ORS 469.040, ORS 469.255 & ORS 469.261
Statutes/Other Implemented: ORS 469.229–469.261 & OL 2022, chapter 4 (House Bill 4057)
DOE 5-2022, amend filed 12/02/2022, effective 01/01/2023
DOE 2-2021, amend filed 11/23/2021, effective 01/01/2022
DOE 2-2020, amend filed 08/28/2020, effective 09/01/2021
DOE 8-2017, amend filed 12/20/2017, effective 12/20/2017
DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14
DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08

Or. Admin. R. 330-092-0030 Effect of Listing

To be sold, offered for sale, or installed in Oregon on or after the effective dates described in OAR 330-092-0015, Oregon-regulated products must be listed per the requirements of OAR 330-092-0025. Products that are not listed according to these rules may not be sold, offered for sale, or installed in Oregon on or after the applicable effective date.

History

Statutory/Other Authority: ORS 469.040, ORS 469.255 & ORS 469.261
Statutes/Other Implemented: ORS 469.229–469.261
DOE 2-2020, amend filed 08/28/2020, effective 09/01/2021
DOE 2-2018, amend filed 12/10/2018, effective 12/10/2018
DOE 8-2017, amend filed 12/20/2017, effective 12/20/2017
DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14
DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08

Or. Admin. R. 330-092-0040 Determination of Compliance

The Department may require the manufacturer to provide test results or other documentation verifying that a product meets Oregon's minimum energy efficiency standards for that category of equipment.

History

Statutory/Other Authority: ORS 469.040, ORS 469.255 & ORS 469.261
Statutes/Other Implemented: ORS 469.229–469.261
DOE 2-2020, amend filed 08/28/2020, effective 09/01/2021
DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14
DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08

Or. Admin. R. 330-092-0045 Labeling

The following labeling requirements shall apply to products as long as that label is available for the specific standard and product:

(1) Bottle-type water dispensers: Every unit of every bottle-type water dispenser, or water cooler, must have an ENERGY STAR® label.

(2) Commercial hot food holding cabinets: Every unit of every commercial hot food holding cabinet must comply with the requirements of section 1607 of the California Rule.

(3) Compact audio products: Every unit of every compact audio product must comply with the requirements of section 1607 of the California Rule.

(4) Digital versatile disc players and digital versatile disc recorders: Every unit of every digital versatile disc player or digital versatile disc recorder must comply with the requirements of section 1607 of the California Rule.

(5) Portable electric spas: every unit of every portable electric spa must comply with the labeling requirements of the American National Standard for portable electric spa energy efficiency (ANSI/APSP/ICC-14 2019).

(6) Televisions: Every unit of every television must comply with the requirements of section 1607 of the California Rule.

(7) Battery charging systems: Every unit of every battery charger system must comply with the requirements of section 1607 of the California Rule.

(8) High light output double-ended quartz halogen lamps: There is no labeling requirement.

(9) High CRI fluorescent lamps: Every unit of every high CRI fluorescent lamp must comply with the requirements of section 1607(b)-(c) of the California Rule.

(10) Computers and computer monitors: Every unit of every computer and computer monitor must comply with the requirements of section 1607 of the California Rule.

(11) Plumbing fittings

(a) Lavatory faucets and lavatory replacement aerators: Every unit of every lavatory faucet and lavatory replacement aerator must comply with the requirements of section 1607 of the California Rule.

(b) Kitchen faucets and kitchen replacement aerators: Every unit of every kitchen faucet and kitchen replacement aerator must comply with the requirements of section 1607 of the California Rule.

(c) Public lavatory faucets: Every unit of every public lavatory faucet must comply with the requirements of section 1607 of the California Rule.

(d) Showerheads: Every unit of every showerhead must comply with the requirements of section 1607 of the California Rule.

(12) Commercial fryers: Every unit of every commercial fryer must have an ENERGY STAR® label.

(13) Commercial dishwashers: Every unit of every commercial dishwasher must have an ENERGY STAR® label.

(14) Commercial steam cookers: Every unit of every commercial steam cooker must have an ENERGY STAR® label.

(15) Residential ventilating fans: There is no labeling requirement.

(16) Electric storage water heaters: Every unit of every electric storage water heater must have a label or marking indicating compliance with the standard in this section. Each electric storage water heater subject to these rules must have the following label or marking on the product: “DR-ready: CTA-2045-A.” If the product complies with an additional communication interface standard, the label or marking may include the additional standard (“DR-ready: CTA-2045-A and [equivalent DR system protocol]”). The label or marking must be legible and located so as to be readily apparent after a typical installation.

(17) Spray sprinkler bodies: Every unit of every spray sprinkler product package must have a WaterSense label.

(18) The Department may waive marking, labeling or tagging requirements for products marked, labeled or tagged in compliance with federal requirements.

(19) No waiver will be made for an individual manufacturer or individual product. However, the Department may grant a waiver from these labeling requirements on a case-by-case basis for a category of equipment if it determines the following.:

(a) Oregon's labeling requirements would be different and more burdensome than requirements in other states with similar standards;

(b) Current labeling materially complies with the intent of Oregon's labeling requirements; or

History

Statutory/Other Authority: ORS 469.040, ORS 469.255 & ORS 469.261
Statutes/Other Implemented: ORS 469.229–469.261 & OL 2022, chapter 4 (House Bill 4057)
DOE 5-2022, amend filed 12/02/2022, effective 01/01/2023
DOE 2-2021, amend filed 11/23/2021, effective 01/01/2022
DOE 2-2020, amend filed 08/28/2020, effective 09/01/2021
DOE 2-2018, amend filed 12/10/2018, effective 12/10/2018
DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14
DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08

Or. Admin. R. 330-092-0050 Determination of Non-Compliance

(1) The Department may review any product if it has cause to believe the product may not comply with Oregon's appliance efficiency standards.

(2) Upon completing its review, the Department will notify a manufacturer in writing of its determination whether the product is in compliance with the appropriate appliance energy efficiency standard. The notification will include:

(a) Identification of the product.

(b) An explanation of any deficiencies in compliance with the applicable standards, testing requirements, or labeling requirements.

(c) The action the Department proposes to take if it determines the product is non-compliant or the information supplied to the Department is in error.

(3) The manufacturer must respond to the notice of deficiency within thirty days of mailing.

(4) The Department will make its final determination within fifteen days of receiving the manufacturer's response.

History

Statutory/Other Authority: ORS 469.040, ORS 469.255 & ORS 469.261
Statutes/Other Implemented: ORS 469.229–469.261
DOE 2-2020, amend filed 08/28/2020, effective 09/01/2021
DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14
DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08

Or. Admin. R. 330-092-0055 Appeals

(1) A manufacturer may request reconsideration of the Department's order in writing. The Department will respond within fifteen days of receipt of a request for reconsideration.

(2) A manufacturer may appeal an action taken by Department staff to the Director. An appeal shall state as clearly as possible the original request, the action taken by staff, and any relevant information demonstrating why the manufacturer believes the Department action is in error.

(3) The Director will respond to an appeal within fifteen days.

History

Statutory/Other Authority: ORS 469.040, 469.255, 469.261, OL 2013 & Ch. 418 (SB 692)
Statutes/Other Implemented: ORS 469.229–469.261, OL 2013 & Ch. 418
DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14
DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08

Or. Admin. R. 330-092-0070 Mailing List

Pursuant to ORS 183.355(8), the Department will establish a mailing list of manufacturers for each category of regulated equipment and other interested parties to give notice of program information including proposed rulemaking.

History

Statutory/Other Authority: ORS 469.040, 469.255, 469.261, OL 2013 & Ch. 418 (SB 692)
Statutes/Other Implemented: ORS 469.229–469.261, OL 2013 & Ch. 418
DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14
DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08

Division 100 SMALL SCALE LOCAL ENERGY PROJECT PROCEDURAL RULES

Or. Admin. R. 330-100-0000 Notification of Rulemaking Activities

Prior to the adoption, amendment or repeal of any rule, the Small Scale Local Energy Project Loan Program will give notice of the proposed adoption, amendment or repeal:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 15 days before the effective date of action;

(2) By mailing a copy of the notice to persons on the Small Scale Local Energy Program's mailing list established pursuant to ORS 183.335(7);

(3) By mailing a copy of the notice to the legislators specified in ORS 183.335(14) at least 28 days before the effective date of the rule; and

(4) By mailing a copy of the notice to the Associated Press, the Oregonian and the Capitol Press Room.

History

Statutory/Other Authority: ORS 183
Statutes/Other Implemented: ORS 470.140
DOE 7-2004, f. & cert. ef. 12-20-04
DOE 2-1998, f. & cert. ef. 9-30-98
DOE 10-1980, f. & ef. 9-5-80

Or. Admin. R. 330-100-0005 Model Rules of Procedure

Pursuant to ORS183.341, the Small Scale Local Energy Loan Program adopts the Attorney General's Uniform and Model Rules of Procedure Division I and II under the Administrative Procedures Act as amended and effective January 15, 2004.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or Department of Energy.]

History

Statutory/Other Authority: ORS 183
Statutes/Other Implemented: ORS 470.140
DOE 7-2004, f. & cert. ef. 12-20-04
DOE 2-1998, f. & cert. ef. 9-30-98
DOE 10-1980, f. & ef. 9-5-80

Division 105 REVIEW OF LOAN REQUESTS BY THE SMALL SCALE LOCAL ENERGY PROJECT ADVISORY COMMITTEE

Or. Admin. R. 330-105-0005 Definitions

Where context permits, these definitions apply to ORS Chapter 470 and these rules:

(1) "Application" or "Request" means an application submitted on a Department-approved form and its supporting papers.

(2) "Adverse Decision" means a decision to deny a loan application or to make a loan in an amount contrary to advice of the Committee.

(3) "Committee" means the Small Scale Local Energy Project Advisory Committee created under ORS 470.070.

(4) "Secretary" means the Secretary to the Committee. He or she will be an employee chosen by the Director.

(5) The definitions contained in OAR 330-110 and ORS 470.050, as amended, apply to these rules.

History

Statutory/Other Authority: ORS 469 & 470.140
Statutes/Other Implemented: ORS 470.050 - 470.100
DOE 7-2004, f. & cert. ef. 12-20-04
DOE 2-1998, f. & cert. ef. 9-30-98
DOE 4-1988, f. & cert. ef. 7-26-88
DOE 2-1986, f. & ef. 3-4-86
DOE 4-1984, f. & ef. 3-6-84
Reverted to DOE 11-1980, f. & ef. 10-16-80
DOE 5-1982(Temp), f. & ef. 4-20-82
DOE 11-1980, f. & ef. 10-16-80

Or. Admin. R. 330-105-0007 Committee Officers and Their Powers

The Committee will elect a Chair and Vice-Chair every two years. The Chair or Vice-Chair may serve until his or her successor is elected. The Chair or Vice-Chair may be removed by a unanimous vote of the other members. A vacant office will be filled by vote at the next Committee meeting.

(1) The Chair will preside over all Committee meetings. Except as provided in (3) below, the Chair will sign all documents on behalf of the Committee. The Vice-Chair will fill the role of the Chair when the Chair is absent.

(2) The Chair may create, and appoint members to, sub-committees. Sub-committee members are not required to vote or concur on their findings. Each may report alone to the Committee or Chair.

(3) Only the Chair may sign letters in the name of the Committee unless the Committee by vote authorizes a member or the Secretary to do so. All letters of the Committee will be prepared and filed by the Secretary. The Committee must approve in advance any letters.

History

Statutory/Other Authority: ORS 469 & 470
Statutes/Other Implemented: ORS 470.070
DOE 7-2004, f. & cert. ef. 12-20-04
DOE 2-1986, f. & ef. 3-4-86

Or. Admin. R. 330-105-0008 Committee Meetings

(1) The Committee will meet at the call of the Chair. Four or more members may also call a meeting. The Chair may run meetings informally. The Chair may require that Robert's Rules of Order be used to run all or part of any meeting.

(2) The agenda for each meeting will be prepared by the Secretary and the Chair. The agenda will set out all matters set to come before the Committee at the meeting. The Secretary will send the agenda and related material to members at least one week prior to a meeting. If the Chair or a majority of the members concur:

(a) New matters may be added to the agenda;

(b) Debate may be limited on any matter; or

(3) OAR 330-105-0007 through 330-105-0045 provide for the orderly conduct of Committee meetings. Failure to strictly comply with the requirements of OAR 330-105-0007 through 330-105-0045 will not invalidate any action taken by the Committee or keep it from taking action on a matter.

History

Statutory/Other Authority: ORS 469 & 470.140
Statutes/Other Implemented: ORS 470.070 - 470.080
DOE 7-2004, f. & cert. ef. 12-20-04
DOE 2-1998, f. & cert. ef. 9-30-98
DOE 2-1986, f. & ef. 3-4-86

Or. Admin. R. 330-105-0015 Committee Review

(1) The Department will process each loan request and recommend approval or denial of the loan request and specify the amount, terms and conditions of the loan.

(2) The Department will send to the Committee members for review notice of its recommendations, together with a copy of the loan request and the staff review and findings, on the following:

(a) Any loan requests, other than state agency loan requests, of more than $100,000;

(b) State agency loan requests of more than $500,000;

(d) Loan increase requests of more than $25,000 and more than 10 percent of the original approved loan amount where the total loan amount exceeds the limits set above for Committee review.

(3) Failure of the Committee to respond to the Department within 14 days from the date of mailing of the Department's notice of its recommendations means concurrence with the Department's recommendations. Should a majority of Committee members, including the Chair, contact the Department and decline to hear the loan request before the 14 days have passed, the Department may proceed with its recommendation.

(4) The Secretary will inform the Committee members, in writing, of each loan amount or loan denial recommended to the Director.

History

Statutory/Other Authority: ORS 469 & 470.140
Statutes/Other Implemented: ORS 470.080
DOE 7-2004, f. & cert. ef. 12-20-04
DOE 2-1998, f. & cert. ef. 9-30-98
DOE 4-1988, f. & cert. ef. 7-26-88
DOE 2-1986, f. & ef. 3-4-86
DOE 4-1984, f. & ef. 3-6-84
DOE 3-1983(Temp), f. & ef. 9-20-83
Reverted to DOE 11-1980, f. & ef. 10-16-80
DOE 5-1982(Temp), f. & ef. 4-20-82
DOE 11-1980, f. & ef. 10-16-80

Or. Admin. R. 330-105-0020 Oral Comments

(1) The Committee may choose whether to hear comment on any matter before it.

(2) The Department will inform applicants, in writing, of the date, time, and place of any Committee meeting set to hear their requests.

(3) The Committee may set time limits on comments.

History

Statutory/Other Authority: ORS 469 & 470.140
Statutes/Other Implemented: ORS 470.080
DOE 7-2004, f. & cert. ef. 12-20-04
DOE 2-1998, f. & cert. ef. 9-30-98
DOE 2-1986, f. & ef. 3-4-86
DOE 4-1984, f. & ef. 3-6-84
DOE 3-1983(Temp), f. & ef. 9-20-83
Reverted to DOE 11-1980, f. & ef. 10-16-80
DOE 5-1982(Temp), f. & ef. 4-20-82
DOE 11-1980, f. & ef. 10-16-80

Or. Admin. R. 330-105-0025 Committee's Advice to the Director

After its review, the Committee will inform the Director in writing:

(1) Whether the project complies with OAR 330-110; and

(2) The recommended amount and terms or conditions for the loan.

History

Statutory/Other Authority: ORS 469 & 470.140
Statutes/Other Implemented: ORS 470.080
DOE 7-2004, f. & cert. ef. 12-20-04
DOE 2-1998, f. & cert. ef. 9-30-98
DOE 2-1986, f. & ef. 3-4-86
DOE 4-1984, f. & ef. 3-6-84
Reverted to DOE 11-1980, f. & ef. 10-16-80
DOE 5-1982(Temp), f. & ef. 4-20-82
DOE 11-1980, f. & ef. 10-16-80

Or. Admin. R. 330-105-0030 Procedure for Appeal Introduction

The Director will decide the amount of any loan. If the decision is adverse, the Committee may appeal to the Governor.

History

Statutory/Other Authority: ORS 469 & 470.140
Statutes/Other Implemented: ORS 470.090 - 470.100
DOE 7-2004, f. & cert. ef. 12-20-04
DOE 2-1998, f. & cert. ef. 9-30-98
DOE 2-1986, f. & ef. 3-4-86
DOE 4-1984, f. & ef. 3-6-84
DOE 3-1983(Temp), f. & ef. 9-20-83
Reverted to DOE 11-1980, f. & ef. 10-16-80
DOE 5-1982(Temp), f. & ef. 4-20-82
DOE 11-1980, f. & ef. 10-16-80

Or. Admin. R. 330-105-0035 Notice of Adverse Decision

The Secretary will give prompt notice of any adverse decision and the reasons for such decision. Notice will be sent to the applicant and Committee members.

History

Statutory/Other Authority: ORS 469 & 470
Statutes/Other Implemented: ORS 470.090
DOE 7-2004, f. & cert. ef. 12-20-04
DOE 4-1988, f. & cert. ef. 7-26-88
DOE 2-1986, f. & ef. 3-4-86
DOE 4-1984, f. & ef. 3-6-84
Reverted to DOE 11-1980, f. & ef. 10-16-80
DOE 5-1982(Temp), f. & ef. 4-20-82
DOE 11-1980, f. & ef. 10-16-80

Or. Admin. R. 330-105-0040 Appeal to the Committee

An applicant may ask the Committee to review an adverse decision. The request must be made in writing to the Secretary within 10 working days after the date of the notice of the Director's decision. It must give the grounds for review in detail. The Secretary will send the request promptly to the Committee.

History

Statutory/Other Authority: ORS 469 & 470
Statutes/Other Implemented: ORS 470.100
DOE 7-2004, f. & cert. ef. 12-20-04
DOE 2-1986, f. & ef. 3-4-86
DOE 4-1984, f. & ef. 3-6-84
Reverted to DOE 11-1980, f. & ef. 10-16-80
DOE 5-1982(Temp), f. & ef. 4-20-82
DOE 11-1980, f. & ef. 10-16-80

Or. Admin. R. 330-105-0045 Appeal to the Governor

(1) The Committee may decide by majority vote to appeal an adverse decision to the Governor. The appeal must be made within the time allowed by law. The appeal may include a copy of the application, the staff findings and recommendations, the notice of the Director's decision, and a statement of the reasons for the appeal. It may also include transcripts or recordings of comments made to the Committee during its review.

(2) The decision of the Governor is final. If the Governor fails to act within 30 days after receiving the appeal, the appeal is denied.

(3) The Secretary will inform the applicant and the Committee in writing of the Governor's decision.

History

Statutory/Other Authority: ORS 469 & 470
Statutes/Other Implemented: ORS 470.100
DOE 7-2004, f. & cert. ef. 12-20-04
DOE 2-1986, f. & ef. 3-4-86
DOE 4-1984, f. & ef. 3-6-84
Reverted to DOE 11-1980, f. & ef. 10-16-80
DOE 5-1982(Temp), f. & ef. 4-20-82
DOE 11-1980, f. & ef. 10-16-80

Division 110 THE SMALL SCALE LOCAL ENERGY LOAN PROGRAM

Or. Admin. R. 330-110-0005 Purpose, Statutory Authorization, Policy

(1) The purpose of these rules is to provide procedures for the Small Scale Local Energy Loan Program and standards and criteria for projects to be met by applicants. These rules are authorized by ORS 469.040, 470.080 and 470.140.

(2) It is the goal and policy of the Oregon Department of Energy and the Small Scale Local Energy Project Advisory Committee that these rules and the loan program:

(a) Encourage diversity in projects;

(b) Develop and maintain a loan portfolio that is reasonably balanced across market sectors and project and borrower types; and

(c) Fund energy projects that support the Department’s goal for energy efficiency, generation and security without regard to energy source.

History

Statutory/Other Authority: ORS 469 & 470.140
Statutes/Other Implemented: ORS 470.050 - 470.310
DOE 13-2012, f. & cert. ef. 12-20-12
DOE 7-2004, f. & cert. ef. 12-20-04
DOE 2-1998, f. & cert. ef. 9-30-98
DOE 2-1986, f. & ef. 3-4-86
DOE 4-1984, f. & ef. 3-6-84
DOE 12-1980, f. & ef. 12-16-80

Or. Admin. R. 330-110-0010 Definitions

As used in ORS Chapter 470 and in these rules, the following definitions apply:

(1) "Adequate security" means the pledge of real or personal property given to secure a loan against loss or credit enhancement, guaranty or other security of value authorized by ORS 470.170, given as assurance that the loan will be paid.

(2) "Alternative fuel project" means sub-sections (a) and (b):

(a) The purchase of a fleet of vehicles that are modified or acquired directly from a factory and that:

(A) Use an alternative fuel including electricity, gasohol with at least twenty percent denatured alcohol content, hydrogen, hythane, methane, methanol, natural gas, propane, biodiesel or any other fuel approved by the Director; and

(B) Produce lower exhaust emissions or are more energy efficient than those fueled by gasoline.

(b) A facility, including a fueling station, necessary to operate alternative fuel vehicles.

(3) "Applicant" means a loan program applicant.

(4) “Application” means a completed loan application on a Department-approved form that contains all required information, is dated and signed by an authorized representative of the applicant, and is accompanied by the required documentation and the application and underwriting fees. The term “application” includes all documentation submitted in conjunction with a loan application, whether at the time of original submission of the loan application or later and all modifications of the application that was originally submitted.

(5) "Biomass" means plant and animal matter, but not fossil fuels.

(6) "Cogeneration" means the sequential production of electrical or mechanical energy and useful thermal energy from a primary source including but not limited to oil, natural gas or biomass. Cogeneration must qualify under the Small Scale Local Energy Loan Program Technical Requirements.

(7) "Committee" means the Small Scale Local Energy Project Advisory Committee.

(8) "Conservation measure" means a system, component of a system, mechanism or series of mechanisms, support service or combination thereof that:

(a) Reduces the use of energy at the project site;

(b) Directly avoids the loss of energy in the transmission of energy;

(d) Is a cogeneration project; or

(e) Increases the production or efficiency of or extends operating life of a system or project otherwise described in OAR 330-110-0010, including but not limited to restarting a dormant project.

(9) "Conventional fuels" means purchased electricity or fossil fuels.

(10) "Creditworthy" means, in regard to an applicant, able to repay its debts as they become due, as evidenced by a satisfactory credit history, sufficient financial resources or other indication of financial strength as approved by the Department.

(11) “Delinquent account” means a loan that has not been paid in accordance with the terms of the underlying loan documents.

(12) "Demonstration project" means a project that showcases new or improved technologies or designs that promise cost-effective production or conservation of energy if adopted by the marketplace.

(13) "Department" means Oregon Department of Energy.

(14) "Director" means the Director of the Department or designee.

(15) "Energy need" means any of the energy demands forecasted by the Department under ORS 469.070 and the need to save energy to cut costs.

(16) “Financial feasibility” means that:

(a) The primary repayment source for the loan has been identified, the applicant is creditworthy and the project is financially viable; and

(b) Adequate security is offered to provide a secondary source of repayment.

(17) "Financial statement" means a report of a person’s financial operations or condition including but not limited to balance sheets, statements of financial condition, statements of financial position, income statements, statement of earnings, statements of revenues and expenses, statements of profit and loss, statements of operations, statements of retained income, statements of cash flows, statements of changes in financial position, pro forma statements, aging reports and any accounting reports, reviews, audits, tax returns or other financial information submitted as, or as a part of, a representation of financial condition in a Department approved format using Generally Accepted Accounting Principles (GAAP).

(18) "Fleet" means two or more vehicles used for commercial or governmental purposes primarily operated in Oregon.

(19) "Interim loan" means a disbursement of a program loan for the purpose of paying for pre-construction and other approved project costs prior to permanent funding.

(20) "Loan contract" means, in addition to the meaning set forth in ORS 470.050, the loan agreement and all other documentation required by the Director to make a loan or change its terms and conditions.

(21) "Local community or region" means one or more energy users in Oregon.

(22) "Municipal corporation" has the meaning assigned to that term by ORS 470.050.

(23) "Person" means a natural person or a validly existing entity that is duly organized under the laws of a state, including but not limited to a partnership.

(24) "Preference" means, in any choice between financially feasible projects or applicants, preference under ORS 470.080 and these rules.

(25) “Primary repayment source” means the business revenues produced by the borrower of a loan that is or will be used to pay the debt service on a loan.

(26) "Program" means the Small Scale Local Energy Loan Program.

(27) "Project" has the meaning given to “small scale local energy project” in ORS 470.050; including systems or devices that implement one or more conservation measures, use renewable resources to meet a local community or regional energy need in Oregon or are recycling or alternative fuel projects. The project may produce heat, electricity, mechanical action or alternative fuels. A project may also be an improvement that increases the production or efficiency of or extends the operating life of a system or device or project otherwise described in these rules, including but not limited to restarting a dormant project. A project also:

(a) Must be primarily in Oregon but can have a minor contiguous component in a neighboring state, or in the case of energy conservation the project can provide substantial benefits to Oregon. The components located in Oregon should exceed 70 percent of the portion of the project cost financed by the program;

(b) Can directly or indirectly conserve energy or enable the conservation of energy or use or enable the use of a renewable resource, by the applicant or another person, to produce energy, as, for example, power transmission or conditioning, energy storage or smart metering; and

(c) Can directly or indirectly reduce the amount of energy needed in the construction and operation of a facility, including the manufacture and transportation of construction materials, but the project or components must meet acceptable sustainability practices established in the Small Scale Local Energy Loan Program Technical Requirements.

(28) "Qualified" means, in regard to an applicant, able and eligible under the law to apply for a loan and enter into a loan contract.

(29) "Recycling project" means a facility or equipment that conserves energy by converting solid waste, as defined in ORS 459.005, into a new and usable product.

(30) "Renewable resource" means solar, wind, geothermal, biomass, waste heat or water resource.

(31) "Security value" means the value assigned by the Department, based upon an internal review or an appraisal by a qualified third party acceptable to the Department, to the project or security being offered as collateral for a loan.

(32) "Small business" has the meaning given in ORS 470.050.

(33) "Small Scale Local Energy Loan Program Technical Requirements" means the specific technical requirements of the Department for certain projects. An application will be subject to the Technical Requirements in effect on the date the Department receives a complete application.

(34) "Usable life" of a project means the number of years that a project can likely function without major repair or replacement.

(35) "Waste heat" means produced but unused heat that can be applied to an energy need.

History

Statutory/Other Authority: ORS 469 & 470.140
Statutes/Other Implemented: ORS 470.050 - 470.310
DOE 1-2018, amend filed 01/10/2018, effective 01/10/2018
DOE 4-2013, f. & cert. ef. 12-12-13
DOE 13-2012, f. & cert. ef. 12-20-12
DOE 1-2006, f. & cert. ef. 4-3-06
DOE 7-2004, f. & cert. ef. 12-20-04
DOE 2-1998, f. & cert. ef. 9-30-98
DOE 1-1994, f. & cert. ef. 4-1-94
DOE 1-1993, f. & cert. ef. 1-27-93
DOE 3-1991, f. & cert. ef. 12-3-91
DOE 1-1991(Temp), f. & cert. ef. 6-10-91
DOE 4-1988, f. & cert. ef. 7-26-88
DOE 2-1986, f. & ef. 3-4-86
DOE 4-1984, f. & ef. 3-6-84
DOE 3-1983(Temp), f. & ef. 9-20-83
DOE 2-1983, f. & ef. 5-16-83
DOE 6-1982, f. & ef. 4-21-82
Reverted to DOE 12-1980, f. & ef. 12-16-80
DOE 2-1981(Temp), f. & ef. 6-3-81
DOE 12-1980, f. & ef. 12-16-80

Or. Admin. R. 330-110-0012 Small Scale Local Energy Project Advisory Committee Appointments, Term and Term Limit, Renewal, Member Removal

(1) Committee Appointment Process. As committee vacancies arise, the department will issue a committee member opening announcement.

(a) Applicants must complete an Oregon executive appointments interest form.

(b) The department may conduct in-person interviews, perform a background check and consult with current committee members.

(d) Department staff will submit a written recommendation to the director.

(e) The director will consider the recommendation and make the final determination, in accordance with ORS 470.070(2).

(f) If selected, the director will issue a signed letter of appointment and the applicant must accept within ten days.

(2) Committee Member Term; Term Limit.

(a) A committee member serves for a four-year term.

(b) A member’s term starts on the date of appointment and until a successor is appointed and qualified.

(3) Committee Renewal Process. Upon the recommendation of the committee, the director will review and may reappoint committee members for a second term.

(4) Committee Member Removal. The director may remove a committee member for any of the following:

(a) For any cause that is counter to the interests of the citizens of this state or the goals and mission of the committee, loan program or department.

(b) Upon missing three scheduled committee meetings in a 12-month period, the director may remove a committee member. The department schedules six committee meetings a year.

History

Statutory/Other Authority: ORS 469.040 & 470.140
Statutes/Other Implemented: ORS 470.050 - 470.815
DOE 6-2014, f. & cert. ef. 9-30-14
DOE 2-2014, f. & cert. ef. 3-7-14

Or. Admin. R. 330-110-0015 Eligible Costs

Subject to these rules, a loan may be approved to pay for:

(1) The cost of buying, building and installing a project;

(2) Audit, study, commissioning and design costs; and

(3) Reserves, interest, staff training and site preparation costs.

History

Statutory/Other Authority: ORS 469 & 470.140
Statutes/Other Implemented: ORS 470.080
DOE 13-2012, f. & cert. ef. 12-20-12
DOE 7-2004, f. & cert. ef. 12-20-04
DOE 2-1998, f. & cert. ef. 9-30-98
DOE 1-1994, f. & cert. ef. 4-1-94
DOE 4-1988, f. & cert. ef. 7-26-88
DOE 2-1986, f. & ef. 3-4-86
DOE 4-1984, f. & ef. 3-6-84
DOE 3-1983(Temp), f. & ef. 9-20-83
DOE 2-1983, f. & ef. 5-16-83
DOE 6-1982, f. & ef. 4-21-82
DOE 12-1980, f. & ef. 12-16-80

Or. Admin. R. 330-110-0016 Ineligible Costs

(1) Loans funded from proceeds of tax-exempt bonds may not pay capital costs incurred prior to bond issuance unless the Department has adopted a reimbursement resolution declaring an intent to reimburse capital costs that are paid after or no more than 60 days prior to such resolution.

(2) Except as allowed in ORS 470.050, the proceeds of a loan may not be used to pay for parts of a project that are not consistent with energy production using renewable resources or energy conservation or that do not qualify as an alternative fuel project or recycling project, or do not meet a sustainability standard set out in the Small Scale Local Energy Loan Program Technical Requirements, unless the project is found by the Director to be a demonstration project.

(3) The proceeds of a loan may only be used to pay for projects or components of a project that have longer than a 12 month simple payback. For the purposes of this subsection, "component" means a part of a project that ordinarily saves or produces energy by itself and that costs more than ten percent of total, estimated project costs.

History

Statutory/Other Authority: ORS 469 & 470.140
Statutes/Other Implemented: ORS 470.080
DOE 13-2012, f. & cert. ef. 12-20-12
DOE 1-2006, f. & cert. ef. 4-3-06
DOE 7-2004, f. & cert. ef. 12-20-04
DOE 2-1998, f. & cert. ef. 9-30-98
DOE 1-1994, f. & cert. ef. 4-1-94

Or. Admin. R. 330-110-0025 Application

(1) The Department may provide an initial review and advise whether a project appears to qualify for loan financing by the program. The Department's advice, however, does not constitute a loan approval or any other binding commitment. The Department requires that an application be submitted and the required fees be paid if a potential applicant wishes to apply for a loan after an initial review.

(2) An application must be made on Department approved forms and in a manner set by the Department.

(3) The Department may request an applicant's social security number in accordance with provisions of the Privacy Act of 1974.

History

Statutory/Other Authority: ORS 469 & 470.140
Statutes/Other Implemented: ORS 470.060 & 470.080
DOE 13-2012, f. & cert. ef. 12-20-12
DOE 7-2004, f. & cert. ef. 12-20-04
DOE 2-1998, f. & cert. ef. 9-30-98
DOE 2-1986, f. & ef. 3-4-86
DOE 4-1984, f. & ef. 3-6-84
DOE 2-1983, f. & ef. 5-16-83
DOE 6-1982, f. & ef. 4-21-82
DOE 12-1980, f. & ef. 12-16-80

Or. Admin. R. 330-110-0030 Application Review Process

(1) In reviewing an application for financing by the program, the Department may require an applicant to submit further documentation to determine whether a loan should be made. If the Department fails to receive any items requested of the applicant within fourteen days after making its request in writing, the loan request may be denied. If the loan request is denied and the applicant still desires to make a loan application, the applicant must submit a new application and pay again any fees and charges applicable to loan applications that are described in OAR 330-110-0055.

(2) Application review and appeal must conform to ORS 470.080 to 470.100 and OAR 330-105.

(3) Loan approval or denial is communicated to an applicant in writing. A Department issued approval expires on the expiration date stated in the approval, or if no date is given, 60 days after the date of the approval. If the loan is not closed prior to the date the approval expires, an applicant must submit a new application and pay the fees and charges applicable to a new loan application. Any substantial change, including but not limited to, a change in financial position, project scope or the ownership of applicant, prior to the expiration of the approval, may result in the voiding of the loan approval and require submission of a new loan application.

(4) The Department may require a third party project and financial feasibility study in form and substance acceptable to the Department as a condition of approval on a loan. Applicant must pay the cost of a third party study.

(5) Findings under ORS 470.090 are for the benefit of the Department for lending purposes only. They do not endorse the project, its design or its parts. They offer no assurance of any kind to any person or entity, including the applicant, for any purpose.

History

Statutory/Other Authority: ORS 469 & 470.140
Statutes/Other Implemented: ORS 470.080 - 470.100
DOE 13-2012, f. & cert. ef. 12-20-12
DOE 7-2004, f. & cert. ef. 12-20-04
DOE 2-1998, f. & cert. ef. 9-30-98
DOE 4-1988, f. & cert. ef. 7-26-88
DOE 2-1986, f. & ef. 3-4-86
DOE 4-1984, f. & ef. 3-6-84
DOE 2-1983, f. & ef. 5-16-83
DOE 6-1982, f. & ef. 4-21-82
DOE 12-1980, f. & ef. 12-16-80

Or. Admin. R. 330-110-0035 Findings by the Director

(1) To approve an application for a loan, the Director must make the following findings:

(a) The project is consistent with preservation and enhancement of the environment. Factors may include whether the project saves conventional fuel, makes efficient use of a renewable resource, reduces greenhouse gas emissions or promotes sustainability.

(b) The plan for the project assures its timely completion, quality and adequate funding. Funding includes adequate working capital and reserves.

(d) The applicant has certified as part of the application that the applicant is in compliance with applicable state and local regulations. If requested, the applicant must provide compliance documentation. Failure to disclose any issues regarding compliance or any issues of non-compliance may result in denial of an application by the Department.

(e) Any other findings required by ORS 470.090.

(2) The Director may deny a loan to any applicant that restricts membership, sales or services on the basis of any of the protected classes listed in ORS 659A.003.

(3) The Director may deny a loan because other sources of funding are inadequate.

(4) The Director may limit the size or number of loans made by the program.

History

Statutory/Other Authority: ORS 469 & 470.140
Statutes/Other Implemented: ORS 470.090
DOE 13-2012, f. & cert. ef. 12-20-12
DOE 7-2004, f. & cert. ef. 12-20-04
DOE 2-1998, f. & cert. ef. 9-30-98
DOE 1-1994, f. & cert. ef. 4-1-94
DOE 4-1988, f. & cert. ef. 7-26-88
DOE 2-1986, f. & ef. 3-4-86
DOE 1-1985, f. & ef. 1-2-85
DOE 4-1984, f. & ef. 3-6-84
DOE 3-1983(Temp), f. & ef. 9-20-83
DOE 2-1983, f. & ef. 5-16-83
DOE 6-1982, f. & ef. 4-21-82
DOE 12-1980, f. & ef. 12-16-80

Or. Admin. R. 330-110-0036 Public Health, Safety, and Environmental Issues

(1) The policy of the Department is:

(a) To accept the findings of local, state and federal agencies that license or permit projects to be built or run; and

(b) To avoid influencing any of those agencies to approve or deny a license or a permit.

(2) Each applicant must provide information demonstrating that the proposed project will:

(a) Obtain each local, state and federal permit and license that applies to a project;

(b) Comply with the express terms and conditions of each permit and license;

(d) Obtain a favorable land use decision from the city or county where the project will be built.

(3) The Department may issue a loan approval based on the applicant's representation or promise that each license and permit has been or will be obtained in a timely manner. If the applicant fails to obtain any required license or permit in a timely manner, the Department will revoke the loan or approval.

(4) The licensing or permitting agency must confirm in writing if any license or permit named in these rules is not required. Such confirmation is not needed for conservation measures for which the Department has already confirmed that such a license or permit in not required.

(5) Waterpower developers must comply with the following:

(a) A project on a navigable stream or connecting to a utility must obtain a license or exemption from the Federal Energy Regulatory Commission;

(b) A license or permit to use water for power must be obtained from the Water Resources Commission; and

(6) Geothermal developers must obtain a geothermal well permit from the Department of Geology and Mineral Industries or a permit to use ground water from the Water Resources Commission.

(7) Biomass cogeneration developers must obtain an air contaminant discharge permit, a waste discharge permit and a solid waste disposal permit from the Department of Environmental Quality.

History

Statutory/Other Authority: ORS 469 & 470.140
Statutes/Other Implemented: ORS 470.090 & 470.150
DOE 13-2012, f. & cert. ef. 12-20-12
DOE 7-2004, f. & cert. ef. 12-20-04
DOE 2-1998, f. & cert. ef. 9-30-98
DOE 1-1994, f. & cert. ef. 4-1-94
DOE 4-1988, f. & cert. ef. 7-26-88
DOE 2-1986, f. & ef. 3-4-86
DOE 1-1985, f. & ef. 1-2-85

Or. Admin. R. 330-110-0040 Loan Limits, Security, and Conditions

(1) The Director may limit the term and amount of any loan or loan approval. The Director may deny any application or set such terms and conditions in regard to any loan or loan approval as needed to assure a sound loan or to protect the fiscal integrity of the program.

(2) A loan secured by real property must be secured by a first lien on such real property in favor of the State of Oregon and must not exceed eighty percent of the security value of such real property. The real property that is collateral for the loan must have been appraised by a licensed appraiser, county assessor or Department appraiser, at the discretion of the director, no longer than six months prior to the date of the loan approval. The Department will consider junior liens only on a case-by-case basis.

(3) If a loan to a municipal corporation will be repaid from project income, the security package for the loan may include the project income.

(4) A loan to a state agency, an eligible federal agency or a public corporation may be secured by project income, in addition to the facility or equipment that make up the project, by a lease purchase contract or by other income or security in accordance with ORS 470.170. State agencies, eligible federal agencies or public corporation borrowers must provide resolutions or other official action of borrower's governing body approving the loan and the other matters contemplated by the loan documents, and of all other documents evidencing any other necessary action by Applicant’s governing body.

(5) The Department generally requires an unconditional and absolute guaranty of the owners or the principal shareholder of the borrower or that of a person having sufficient resources to satisfy the borrower’s repayment obligation for the loan should the borrower default.

(6) The Director may consider savings in operation and maintenance costs in estimating the annual project cost savings. The Director may also, when calculating the estimated savings in fuel costs, consider reasonably expected increases in the cost of fuel.

(7) A project that primarily produces energy for sale must have:

(a) Secure sources of supply and contracts for the sale of output;

(b) Projected income, net of operating expenses and maintenance costs, of at least 125 percent of annual debt service for each year of the loan; and

(8) Unless the Director finds that mitigating financial factors warrant otherwise, a loan to a business for a project that saves or produces energy for use on site, is an alternative fuel project or is an energy-saving recycling project may be made only:

(a) Upon an identifiable and reasonable primary repayment source and the pledge of adequate security;

(b) For less than 80 percent of the security value of real property on which the Department has a first lien, the Department will consider junior liens on a case-by-case basis;

(c) To a business that has made a profit after taxes for at least the two years immediately preceding the loan application; and

(d) To a business that has a ratio of current assets to current liabilities of at least 1.75 to 1 and a ratio of total debt to owner's equity of no more than 2 to 1. The Director may exempt a business from the requirements of OAR 330-110-0040 if it demonstrates to the satisfaction of the Director that sound businesses of similar type and size do not normally meet these standards.

(9) Loan proceeds must be used for the costs of a small scale local energy project, with the following limitations:

(a) Cost of acquisition of the project site must not exceed ten percent of the loan amount.

(b) Start-up costs must not exceed three percent of the loan amount.

(10) The loan proceeds of an alternative fuel project may only be used for the following purposes:

(a) Incremental costs of the project that are beyond the reasonable estimated minimum costs to construct or install a similar project without alternative fuel features. Incremental costs do not include the cost of equipment or devices that, in standard industry practice, are used to dispense gasoline or, in the case of vehicles, equipment or devices that use gasoline and that also allow use of an alternative fuel without modification. Alternative fueling stations with underground fuel tanks do not qualify for funding as alternative fuel projects.

(b) In the case of vehicles, products and installation of such products approved by and meeting or exceeding the emission standards of the Department of Environmental Quality.

(11) No more than fifty percent of loan proceeds may be used to refinance existing debt authorized by ORS 470.050(27)(g) unless such debt is with the Department. The refinancing must result in a significant increase in the security value of the loan security.

History

Statutory/Other Authority: ORS 469 & 470.140
Statutes/Other Implemented: ORS 470.080, 470.120, 470.150 - 470.155, 470.170 & 470.210
DOE 4-2013, f. & cert. ef. 12-12-13
DOE 2-2013(Temp), f. & cert. ef. 6-17-13 thru 12-13-13
DOE 13-2012, f. & cert. ef. 12-20-12
DOE 7-2004, f. & cert. ef. 12-20-04
DOE 2-1998, f. & cert. ef. 9-30-98
DOE 1-1994, f. & cert. ef. 4-1-94
DOE 1-1993, f. & cert. ef. 1-27-93
DOE 4-1988, f. & cert. ef. 7-26-88
DOE 2-1986, f. & ef. 3-4-86
DOE 4-1984, f. & ef. 3-6-84
DOE 3-1983(Temp), f. & ef. 9-20-83
DOE 2-1983, f. & ef. 5-16-83
DOE 6-1982, f. & ef. 4-21-82
DOE 12-1980, f. & ef. 12-16-80

Or. Admin. R. 330-110-0042 Bond Refunding

(1) The Department must pursue opportunities to refund bonds to reduce interest sums paid by the Department.

(a) When the Department refunds a bond with tax-exempt bonds, the Department must share, on an equitable basis, the savings from any refunding with the affected borrowers in an amount consistent with a finding by the Director that the sinking fund has, and will continue to have, sufficient funds to make payments required under ORS 470.300(1). Affected borrowers are those whose loans were made with the proceeds of the refunded bonds.

(b) For the purposes of OAR 330-110-0042(1), savings from a refunding are shared on an equitable basis if the Department receives half the savings, and the affected borrowers receive or split half the savings, net of costs, from a bond refunding. When the Internal Revenue Code or other law limits the amount of refunding savings the Department may retain or provide to the affected borrowers, the Department may receive less or more than half the savings, and the affected borrowers will receive the remainder. If multiple loans were funded from the proceeds of the refunded bonds, the affected borrowers will share the savings in proportion with their respective shares of the proceeds of the refunded bonds that were used to make their loans, adjusted for the remaining term to maturity of their loans.

(2) Savings from a bond refunding accrue over the remaining term of the refunded bonds. The Department will share these savings with affected borrowers by reducing the amount of their loan payments over the remaining term of the loans. If the accumulated savings over the remaining term of a loan is less than $15,000 or if the Director finds that it is in the interest of both the Department and the borrowers, the Department may reduce the principal amount of the loan by the net present value of the savings, calculated using a discount rate of the maximum arbitrage yield of the refunding bonds as defined in Section 148 of the Internal Revenue Code.

(3) The Department must not refund tax-exempt bonds with taxable bonds, unless the Department is able to share the savings associated with such a refunding with the borrowers whose loans are linked to such bonds.

(4) At least 120 days before the date on which the Department intends to issue refunding bonds, the Department must notify each borrower whose loan was made from the proceeds of the bonds being refunded and must offer the borrower the opportunity to prepay the borrower’s loan. The Department will request that the borrower notify the Department of its intent to prepay their loan within 60 days of the date of the notification or risk losing the opportunity to prepay.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 469 & 470.140
Statutes/Other Implemented: ORS 470.270
Reverted to DOE 13-2012, f. & cert. ef. 12-20-12
DOE 2-2017(Temp), f. & cert. ef. 1-25-17 thru 7-23-17
DOE 13-2012, f. & cert. ef. 12-20-12
DOE 1-2006, f. & cert. ef. 4-3-06
DOE 7-2004, f. & cert. ef. 12-20-04
DOE 2-1998, f. & cert. ef. 9-30-98

Or. Admin. R. 330-110-0045 Waiver, Authority of Administrator

The Director:

(1) May, in writing, waive any of these rules. The waiver must serve the aims of the program, not cause financial damage to the program, and not conflict with ORS Chapter 470.

(2) May contract with regulated financial institutions, state or federal agencies or others to provide services, subsidies or grants to the program.

(3) May take such steps as are needed to recover loan funds and prevent their misuse, or to prevent a project from being diverted from its purposes.

(4) May delegate, in writing, authority to approve, deny or amend loans and to execute bond and loan documents. A partial release of lien may be granted by the Director upon the written request of a borrower if the security value of the remaining security is adequate to secure the loan and meet the security requirements of OAR 330-110-0040. The Director will consider the creditworthiness and repayment history of the borrower in considering such a request.

(5) May contract with a person to operate a project in the event of any default that results in the Department taking and running the project.

(6) May settle, modify or release any person from liability for a loan so long as such action does not damage the program.

(7) May take any action allowed by law to comply with federal codes and rules on bonding or to assure the payment of program bonds.

History

Statutory/Other Authority: ORS 469 & 470.140
Statutes/Other Implemented: ORS 470.080 & 470.150
DOE 13-2012, f. & cert. ef. 12-20-12
DOE 7-2004, f. & cert. ef. 12-20-04
DOE 2-1998, f. & cert. ef. 9-30-98
DOE 4-1988, f. & cert. ef. 7-26-88
DOE 2-1986, f. & ef. 3-4-86
DOE 4-1984, f. & ef. 3-6-84
DOE 3-1983(Temp), f. & ef. 9-20-83
DOE 2-1983, f. & ef. 5-16-83
DOE 6-1982, f. & ef. 4-21-82
DOE 12-1980, f. & ef. 12-16-80

Or. Admin. R. 330-110-0046 Loan Amendments

The Department may amend the terms of a loan in accordance with OAR 330-110-0046.

(1) Amendments may include but are not limited to amending the interest rate or payment amount in accordance with a bond refunding, changing payment dates or extending maturity dates.

(2) A borrower must request a loan amendment in writing. The request must include a detailed explanation of the amendment requested with information and documentation by the borrower that demonstrates the need for the amendment.

(3) When considering a request for a loan amendment, the Department may require the borrower to submit information it deems necessary to evaluate the request, such as financial statements, collateral information and valuation.

(4) The Department will only approve a loan amendment request if the amendment results in a significant increase in the security value to the loan security or significantly improves the borrower’s ability to meet its obligations in regard to the loan.

(5) The borrower will be notified in writing whether or not the Department will agree to the requested loan amendment.

(6) Approved loan amendments are subject to a fee of $300 plus additional charges for items listed in OAR 330-110-0055. Such charges will be estimated or itemized for the borrower.

History

Statutory/Other Authority: ORS 469.040 & 470.080 & 470.140
Statutes/Other Implemented: ORS 470.050 & 470.815
DOE 13-2012, f. & cert. ef. 12-20-12

Or. Admin. R. 330-110-0047 Loan Forbearance

The Department may consider forbearance on a loan, but will only consider forbearance if the borrower is current on its loan payments and is in compliance with the terms of its loan documents.

(1) If a borrower is requesting forbearance for its loan, this loan must be current and in good standing, and have no late charges outstanding, up to and including the date the forbearance documents are signed.

(2) A borrower must request forbearance in writing. The request must include a detailed explanation of the reason for the forbearance request including information and documentation that demonstrates the need for the forbearance.

(3) When considering a request for forbearance, the Department may require that the borrower submit information it deems necessary to evaluate the request, such as financial statements, collateral information and valuation.

(4) The borrower will, within thirty days of its request, be notified in writing whether or not the Department agrees to the loan forbearance request.

(5) The Department will only approve a forbearance request from a borrower who has submitted a written plan demonstrating that the temporary suspension or reduction of loan payments will significantly increase the likelihood of full loan repayment.

(6) The Department may extend a forbearance agreement beyond the initial forbearance period, if the circumstances, in the Department’s sole discretion, justify such an extension.

(7) A borrower requesting forbearance must pay the Department a loan servicing fee that is calculated on the basis of the borrower’s payment amount and loan balance. Additional charges may be made for items listed in OAR 330-110-0055(4). Such charges will be estimated or itemized for the borrower before they are incurred.

(8) Approval of a forbearance request will not reduce the borrower’s liability to the Department for the loan.

History

Statutory/Other Authority: ORS 469.040 & 470.080 & 470.140
Statutes/Other Implemented: ORS 470.050 & 470.815
DOE 13-2012, f. & cert. ef. 12-20-12

Or. Admin. R. 330-110-0048 Delinquent Accounts

Delinquent loans will be managed in accordance with ORS 470.170 and subject to the Department’s collection procedures, including but not limited to: (a) written demand, (b) collection of late fees, (c) acceleration of the amount due, (d) action against a guarantor or (e) any other legal remedy available to the Department.

History

Statutory/Other Authority: ORS 469.040 & 470.080 & 470.140
Statutes/Other Implemented: ORS 470.050 & 470.815
DOE 13-2012, f. & cert. ef. 12-20-12

Or. Admin. R. 330-110-0055 Fees and Charges

Pursuant to ORS 470.060, an applicant will pay the Department for costs to review, process and service a request for a loan. Applicants will pay the following fees and charges:

(1) A non-refundable application fee as fixed by ORS 470.060. "Application," as used here, includes a request to assume or transfer or increase an existing loan but does not include a request for an interim loan made in an application for a permanent loan for a project. If the Department consults with an applicant on a loan before an application is submitted the applicant must pay an application fee after the first hour of consultation. The fee will be applied to the application fee for an application that is submitted within thirty days of the consultation. If an application is submitted more than thirty days after the consultation, the applicant must pay a new application fee.

(2) A non-refundable underwriting fee of $500 or one-half of one percent of the loan request amount, whichever is greater, but not to exceed $5,000.

(3) A loan fee of between one and four percent of the loan amount based upon the Director’s assessment of the risk profile of the project, payable at loan closing.

(4) Charges for items including, but not limited to credit reports, expert advice, legal fees, construction inspections, disbursement fees, loan servicing fees and appraisals, unless charges incurred also benefit another application, in which case the charges will be divided equitably. Such charges will be estimated or itemized for the applicant before they are incurred.

(5) A fee of $500 for each request to release or modify security. Additional charges may be made for items listed in OAR 330-110-0055(4). Such charges will be estimated or itemized for the applicant before they are incurred.

(6) The interest rate set in a binding loan commitment may not be increased without the applicant's consent except as provided in the loan commitment or the loan documents. The interest rate for any project proposed by an eligible federal agency must be set in accordance with ORS 470.150(2). Loan contracts may provide for rates to be adjusted upon issuance of the bonds whose proceeds fund the loans.

(7) The Department may offer a fee that combines the fees and charges in OAR 330-110-0055(1) through (3) and that is equal to or less than the sum of the fees and charges in 330-110-0055(1) through (3). If offered, a combined fee will apply to any applicant receiving similar loan terms.

History

Statutory/Other Authority: ORS 469 & 470.140
Statutes/Other Implemented: ORS 470.060 & 470.150
DOE 13-2012, f. & cert. ef. 12-20-12
DOE 1-2006, f. & cert. ef. 4-3-06
DOE 7-2004, f. & cert. ef. 12-20-04
DOE 2-1998, f. & cert. ef. 9-30-98
DOE 1-1994, f. & cert. ef. 4-1-94
DOE 4-1988, f. & cert. ef. 7-26-88
DOE 2-1986, f. & ef. 3-4-86
DOE 4-1984, f. & ef. 3-6-84
DOE 2-1983, f. & ef. 5-16-83
DOE 6-1982, f. & ef. 4-21-82

Division 112 ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM

Or. Admin. R. 330-112-0000 Purpose and Objectives

These rules carry out provisions of ORS Chapter 470 as they pertain to the administration by the Oregon Department of Energy of the Energy Efficiency and Sustainable Technology Act of 2009. Oregon Administrative Rule, chapter 330, division 112 sets out the rules governing the department’s energy efficiency and sustainable technology loan program. The purpose of the program is to provide financing for energy efficiency upgrades of residential and commercial buildings in the State of Oregon.

History

Statutory/Other Authority: ORS 470.500 - 47.0715, 2009 OL Ch. 753 & HB 3675 (2010)
Statutes/Other Implemented: ORS 470.500 - 470.715, 2009 OL Ch. 753 & HB 3675 (2010)
DOE 15-2010, f. & cert. ef. 12-15-10
DOE 8-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10

Or. Admin. R. 330-112-0010 Definitions

As used in ORS Chapter 470 and in Oregon Administrative Rule, Chapter 330, Division 112, the following terms have the definitions set forth below unless the context requires otherwise:

(1) “Act” means ORS 470.500 through 470.715.

(2) “Base efficiency package” has the meaning given that term in ORS 470.050(3).

(3) “Contractor” is defined in ORS 701.119.4.

(4) “Department” means the Oregon Department of Energy.

(5) “Director” means the director of the Oregon Department of Energy.

(6) “Eligible entities” means those parties that meet with the general provisions of ORS 470.060.

(7) “Energy savings projection” is defined in ORS 470.050(13).

(8) “Estimated economic benefit” means the amount by which the average estimated monthly energy savings of a project exceed the project repayment costs.

(9) “Financial Manager” is a financial manager as described in ORS 470.590

(10) “Measure” means the building shell and energy efficiency equipment improvements via materials and products that reduce energy use by an existing building.

(11) “Nontraditional technology” means technology applicable to renewable energy sources (such as, biomass, geothermal, solar, wave, and wind), smart grid, and alternative fuels.

(12) “Optional package” has the meaning given that term in ORS 470.050(21).

(13) “PPFA” means the Public Purpose Fund Administrator as defined in ORS 470.050(23).

(14) “Program”, “EEAST” or "EEAST program" means the energy efficiency and sustainable technology loan program.

(15) “Project” means a small scale local energy project, as defined by ORS 470.050(27), being funded by the EEAST program.

(16) “Sustainable energy project manager” means a sustainable energy project manager as defined in ORS 470.050(30).

(17) “Property” means the property benefited by a project.

(18) “Territory” or "sustainable energy territory" means the geographic service area that a sustainable energy project manager serves.

(19) “Useful life” means the number of years that a project or project component will likely function without major repair or replacement.

History

Statutory/Other Authority: ORS 470.500 - 47.0715, 2009 OL Ch. 753 & HB 3675 (2010)
Statutes/Other Implemented: ORS 470.500 - 470.715, 2009 OL Ch. 753 & HB 3675 (2010)
DOE 15-2010, f. & cert. ef. 12-15-10
DOE 8-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10

Or. Admin. R. 330-112-0020 Sustainable Energy Project Managers

(1) The PPFA shall be the sustainable energy project manager for the investor-owned electric utility service territory, and shall be the acting sustainable energy project manager in any other territory that is not served by an existing sustainable energy project manager. The PPFA and consumer-owned utilities are not subject to the requirements of this section.

(2) Entities may apply to be the sustainable energy project manager for a territory: where the 5-year term of the sustainable energy project manager for that territory is within 1 year of expiry; or where the PPFA is the acting sustainable energy project manager.

(3) Each entity applying to be a sustainable energy project manager shall submit to the director the following:

(a) Completed application on a form approved by the director,

(b) Proof of its status as a city, county, metropolitan service district, local government, nonprofit, for-profit, tribal or state entity;

(c) Boundaries that are consistent with the parameters established in ORS 330-112-0030 for the sustainable energy territory of the proposed sustainable energy project manager;

(d) A proposed business plan that demonstrates how the entity will provide the following services for the program within the proposed sustainable energy territory:

(A) Promotion and outreach;

(B) Technical support;

(D) Project installation verification;

(E) Monitoring of program effectiveness of energy efficiency and sustainable technology loans;

(F) Cooperation and coordination of outreach and promotional efforts with local utilities and other stakeholders;

(G) Coordination with gas utilities regarding any changes to a gas pipeline or the installation of appliances used for space heating, water heating and compressed natural gas refueling;

(H) Coordination with electric utilities regarding electric charging or any changes to electrical connections that are external to a structure;

(I) Referral of applicants with household incomes that may qualify them for a weatherization program to the Housing and Community Services Department;

(J) Reporting of information on a monthly basis regarding:

(i) The total amount of energy efficiency and sustainable technology loans issued;

(ii) The types of projects being funded by the loans;

(iii) The characteristics of the loan recipients; and

(iv) The number of applications denied, and the reasons for denial;

(K)Maintenance of records that document the receipt and disbursement of funds provided through the program;

(L) Maintenance of records that document both approved and denied applications for loans; and

(M) Development of the underwriting criteria used to determine loan eligibility.

(e) A detailed breakdown of the cost of implementation of its business plan, in particular the elements of its business plan listed in OAR 330-112-0020(3)(d)(A) through (D); and

(f) Background information about the applicant including, but not limited to, the qualifications, relevant experience, financial status and staff of the applicant.

(4) When reviewing an applicant, the director may consider:

(a) The organizational experience of the applicant and the capacity of the applicant to successfully implement the energy efficiency and sustainable technology loan program goals and requirements;

(b) The strength of the applicant’s proposed plan for implementing the goals and requirements of the energy efficiency and sustainable technology loan program;

(c) The cost at which the applicant can conduct outreach, promotion, loan applicant support and project verification services necessary to implement the energy efficiency and sustainable technology loan program;

(d) Any fiduciary or other obligation of the applicant that creates an actual or apparent conflict of interest that may interfere with achieving the goals of the energy efficiency and sustainable technology loan program; and

(e) The approval of the utility or utilities within whose service territory the applicant is requesting certification.

(5) The director may negotiate any feature of the applicant's proposed plan, or place such conditions on the certification, as necessary to ensure that the applicant will meet the goals and requirements of the energy efficiency and sustainable technology loan program.

(6) The director will notify an applicant in writing within no more than 90 days from the day the completed application was received as to whether or not the applicant is awarded the sustainable energy project manager position.

(7) The Department may request verification that a sustainable energy project manager continues to meet the required qualifications and provide the required services at any time.

(8) The director may terminate the certification of a sustainable energy project manager for:

(a) Failure to adequately implement an applicable energy efficiency and sustainable technology loan program plan;

(b) Noncompliance with the regulatory requirements established in OAR 330-112 or the statutory requirements of the energy efficiency and sustainable technology loan program established in the Act;

(d) Failure to perform other certification conditions. If the director terminates the certification of a sustainable energy project manager, the PPFA shall become acting sustainable energy project manager.

(9) The Department shall monitor reports to determine compliance with program requirements, monitor fiscal patterns and chart program progress. The Department may conduct a review of a sustainable energy project manager, and this may include, but not be limited to, a review of:

(a) Financial records of the sustainable energy project manager;

(b) Loan files;

(d) Post-installation inspections conducted by the sustainable energy project manager.

(10) Pilot program sustainable energy project managers in consumer-owned utility service areas shall provide information to the director, in a form approved by the director, to meet the requirements of the Energy Efficiency and Sustainable Technology Act of 2009.

History

Statutory/Other Authority: ORS 470.500 - 47.0715, 2009 OL Ch. 753 & HB 3675 (2010)
Statutes/Other Implemented: ORS 470.500 - 470.715, 2009 OL Ch. 753 & HB 3675 (2010)
DOE 15-2010, f. & cert. ef. 12-15-10
DOE 8-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10

Or. Admin. R. 330-112-0030 Sustainable EnergyTerritories

(1) The boundaries for sustainable energy territories shall comply with ORS 470.530(3) (a), (b), and (c) and ORS 470.555

(2) Territory boundaries may be set by the director as necessary to accomplish the goals of the program.

History

Statutory/Other Authority: ORS 470.500 - 47.0715, 2009 OL Ch. 753 & HB 3675 (2010)
Statutes/Other Implemented: ORS 470.500 - 470.715, 2009 OL Ch. 753 & HB 3675 (2010)
DOE 15-2010, f. & cert. ef. 12-15-10
DOE 8-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10

Or. Admin. R. 330-112-0040 Form of Loan Assistance

(1) The Department may make loans to eligible entities under the terms of written commitments.

(2) Loans shall be made with proceeds from bonds issued pursuant to ORS 470.610 or other available funds obtained by the Department. The Department may establish such fees, charges, premiums, interest rates, and repayment terms, as the Department considers appropriate or necessary to provide sufficient funds to:

(a) Pay for the cost of borrowing through bond issuance; and

(b) Carry out the EEAST program; Further, the Department may include in the loan documentation such covenants, performance criteria and reporting requirements as the Department considers appropriate or necessary for the type, use and amount of loan provided, and such other provisions as the Department considers appropriate or necessary, to provide sufficient safeguards to protect the financial interest of the state.

(3) If the Department receives loan applications in an amount greater than the amount of funds available, the Department shall select those applications which, in the judgment of the Department, best achieve the program’s goals as defined in ORS 470.500.

History

Statutory/Other Authority: ORS 470.500 - 47.0715, 2009 OL Ch. 753 & HB 3675 (2010)
Statutes/Other Implemented: ORS 470.500 - 470.715, 2009 OL Ch. 753 & HB 3675 (2010)
DOE 15-2010, f. & cert. ef. 12-15-10
DOE 8-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10

Or. Admin. R. 330-112-0050 Loan Evaluation, Processing and Collection

(1) Projects and EEAST loans may be processed through a sustainable energy project manager. The PPFA and consumer-owned utilities that participate in the EEAST program will be the initial sustainable energy project managers within their territories.

(2) The Department may make loans to entities that will use the funds to provide EEAST loans.

(3) The Department or sustainable energy project manager will review all applications of eligible entities. An applicant shall submit such documentation as the Department or sustainable energy project manager may require to determine whether a loan should be approved. If any items requested by the Department or sustainable energy project manager are not received within fourteen days from the date of the request, the loan application may be denied. If a loan application is denied and an applicant chooses to re-apply, the applicant must submit a new application and again pay any applicable fees and charges.

(4) The Director or sustainable energy project manager may deny a loan to any applicant that restricts membership, sales, or services on the basis of any of the protected classes listed in ORS 659A.003.

(5) The final maturity of a loan shall not exceed the lesser of (a) 20 years from the date of its making, and (b) the dollar-weighted average of the useful life of the project components.

(6) The director may limit the term and amount of any loan. The director may deny any loan request or set such terms and conditions as needed to assure a sound loan or to protect the program funds and the Department.

(7) All EEAST loans made by the Department or sustainable energy project managers shall comply with the requirements of ORS 470.060; 470.065; 470.070; 470.080; 470.090; 470.100; 470.120; 470.150; 470.155; 470.170; 470.190; 470.200; and 470.210, to the extent not contrary to the requirements of the Act.

History

Statutory/Other Authority: ORS 470.500 - 47.0715, 2009 OL Ch. 753 & HB 3675 (2010)
Statutes/Other Implemented: ORS 470.500 - 470.715, 2009 OL Ch. 753 & HB 3675 (2010)
DOE 15-2010, f. & cert. ef. 12-15-10
DOE 8-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10

Or. Admin. R. 330-112-0060 Certification Standards for Contractors

These standards apply to contractors participating in the construction of projects financed through the program, but not including home energy savings projections. Contractors must obtain certification under ORS 701.119 from the Construction Contractors Board to participate. To obtain certification the contractor must:

(1) Prove that the contractor has sufficient skill to ensure that the contractor can successfully install energy efficiency, renewable energy or weatherization projects with a high degree of quality and customer satisfaction, such skills to be demonstrated by one of the following:

(a) Oregon Home Performance certified through the ENERGY STAR Building Performance Institute (BPI);

(b) Residential Energy Analyst Program (REAP) certified through the Oregon Energy Coordinators Association; or

(c) Completion by its employees of training based on the curriculum developed by an accredited organization to meet the United States Department of Energy standards and any additional specifications and standards designated by the Department and PPFA.

(2) Not be a contractor listed by the Commissioner of the Bureau of Labor and Industries under ORS 279C.860 as ineligible to receive a contract or subcontract for public works.

(3) Be an equal opportunity employer or small business or be a minority or women business enterprise or disadvantaged business enterprise as those terms are defined in ORS 200.005.

(4) Demonstrate a history of compliance with the rules and other requirements of the Construction Contractors Board and of the Workers’ Compensation Division and the Occupational Safety and Health Division of the Department of Consumer and Business Services.

(5) Employ at least 80 percent of employees used for energy efficiency and sustainable technology loan program projects from the local work force, if a sufficient supply of skilled workers is available locally.

(6) Demonstrate a history of compliance with federal and state wage and hour laws.

(7) Pay wages to employees used for projects at a rate equal to at least 180 percent of the state minimum wage.

(8) Pay wages to employees used for commercial structures at the prevailing wage rate for each trade or occupation employed. Certified contractors that provide the Department proof that they provide employees with health insurance benefits shall be identified as preferred service providers by the Department. This information must be provided annually on the anniversary of certification by the Construction Contractors Board.

History

Statutory/Other Authority: ORS 470.500 - 47.0715, 2009 OL Ch. 753 & HB 3675 (2010)
Statutes/Other Implemented: ORS 470.500 - 470.715, 2009 OL Ch. 753 & HB 3675 (2010)
DOE 15-2010, f. & cert. ef. 12-15-10
DOE 8-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10

Or. Admin. R. 330-112-0070 Standards for Contractors during Pilot Programs

Contractors without certification may work on projects under pilot programs if no certified contractor is available, and the PPFA or sustainable energy project manager has approved the contractor. The contractor must pay wages to employees used for pilot projects at a rate equal to at least 180 percent of the state minimum wage or, if the project is for a commercial structure or is subject to prevailing wage laws, the prevailing wage for each trade or occupation employed.

History

Statutory/Other Authority: ORS 470.500 - 47.0715, 2009 OL Ch. 753 & HB 3675 (2010)
Statutes/Other Implemented: ORS 470.500 - 470.715, 2009 OL Ch. 753 & HB 3675 (2010)
DOE 15-2010, f. & cert. ef. 12-15-10
DOE 8-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10

Or. Admin. R. 330-112-0080 Energy Savings Projections

Proposed measures shall be ranked in order of energy cost savings per dollar of measure cost before incentives, with less effective measures including in their energy savings calculations any reductions in energy use available from more effective measures. The estimated costs and energy savings calculations for each measure in the energy savings projections shall clearly and separately note all eligible rebates, tax credits or other incentives for the measure.

History

Statutory/Other Authority: ORS 470.500 - 47.0715, 2009 OL Ch. 753 & HB 3675 (2010)
Statutes/Other Implemented: ORS 470.500 - 470.715, 2009 OL Ch. 753 & HB 3675 (2010)
DOE 15-2010, f. & cert. ef. 12-15-10
DOE 8-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10

Or. Admin. R. 330-112-0090 Base Efficiency Package and Optional Packages Content

(1) The base efficiency package and any recommended optional packages for a property shall be compiled from the results of an energy savings projection as defined in ORS 470.050(3); 470.050(13).

(2) All energy savings projection evaluations shall meet with the provisions of ORS 470.635

(3) A package that does not during its useful life produce anticipated energy savings of at least 25 percent of the cost of the package is not eligible for a loan under this program; but this restriction does not apply to nontraditional technologies approved by the Department.

(4) The base efficiency package for a residential dwelling served by a single meter shall include an insulation package in accordance with installation standards to at least the following, as applicable:

(a) Building Envelope

(A) Attic/Ceiling: insulate to R-38;

(B) Floor: if currently R-11 or less, insulate to R-30 or full cavity thickness;

(D) Air Leakage: whole-house air sealing measures in accordance with installation standards.

(5) Any measure identified in an energy savings projection that produces energy savings equal to 95 percent or more of the loan payment amount for that measure may also be included in the base efficiency package if there are sufficient loan offset grant funds available to offset measure costs to the point where energy savings and loan costs for the base efficiency package are equal.

(6) All base efficiency package measures, if any, shall be included in the project before a project may include any optional packages.

(7) Optional package measures may be added to a project in order of energy savings per dollar of measure cost. More efficient measures must be included in a project before less efficient measures can be considered.

(8) If determined necessary by the Department, the Department may conduct a review of a project completed and financed under these rules to ensure the installation meets all of the requirements under these rules and the project manager.

History

Statutory/Other Authority: ORS 470.500 - 47.0715, 2009 OL Ch. 753 & HB 3675 (2010)
Statutes/Other Implemented: ORS 470.500 - 470.715, 2009 OL Ch. 753 & HB 3675 (2010)
DOE 15-2010, f. & cert. ef. 12-15-10
DOE 8-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10

Or. Admin. R. 330-112-0100 Fees

Project Initiation Fee The department hereby establishes the project initiation fee for all EEAST loans at three percent of the application loan amount.

History

Statutory/Other Authority: ORS 470.500 - 47.0715, 2009 OL Ch. 753 & HB 3675 (2010)
Statutes/Other Implemented: ORS 470.500 - 470.715, 2009 OL Ch. 753 & HB 3675 (2010)
DOE 15-2010, f. & cert. ef. 12-15-10
DOE 8-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10

Division 118 STATE AGENCY ENERGY SAVINGS PROGRAM

Or. Admin. R. 330-118-0000 Purpose

OAR 330-118-0000 through 330-118-0090 allows state agencies to retain and spend 50 percent of the net savings from energy projects pursuant to ORS 469.752 to 469.756.

History

Statutory/Other Authority: ORS 469.752 - 469.756
Statutes/Other Implemented: ORS 469.752 - 469.756
DOE 1-1992, f. & cert. ef. 4-30-92

Or. Admin. R. 330-118-0010 Definitions

As used in Chapter 487, Oregon Laws 1991 and in these rules, the following terms shall have the following definitions, unless the context clearly indicates otherwise:

(1) “Baseline Energy Budget” means the expenditure limitation amount budgeted for energy costs by the agency immediately prior to installation of the project.

(2) “Budget and Management Division” means the Department of Administrative Services Budget and Management Division.

(3) “Cogeneration” has the meaning given that term in ORS 758.505(2).

(4) “Department” means the Oregon Department of Energy.

(5) “Efficiency of Energy Use” means the ratio of output (work done) to input (energy used).

(6) “Electric Utility” means a utility which is regulated by the state or the Federal Energy Regulatory Commission that provides retail electric power to consumers.

(7) “Energy Cost savings” means the dollar savings based on the annual monitored savings from the project calculated as follows:

(a) For projects which do not sell energy or power to an electric utility or the Bonneville Power Administration, energy savings times the last rate in effect or fuel cost during the monitored savings period;

(b) For projects which sell energy or power, the amount of energy or power delivered to one or more electric utilities or the Bonneville Power Administration as a result of the project times the rates(s) stated in the energy or power sales agreement(s);

(c) For projects which do not either sell or use all of their energy or power savings or production, the energy cost savings shall be the sum of amounts proportionally calculated as in subsection (a) and (b) of this section.

(8) “Energy Savings” means the amount of energy not used as a result of the project as compared to a prior period. Prior period energy use may be adjusted for changes in building use or occupancy. Energy savings result from the efficiency of energy use. Energy savings shall be measured in millions of Btus (MMBtus), and may be the result of vehicle, aircraft or vessel miles not travelled.

(9) “Gas Utility” means a public utility as defined in ORS 757.005(1)(a)(A) which provides natural gas service to consumers.

(10) “Infrastructure Improvements” means improvements to facilities, buildings, equipment and other components which make up and support the physical structure of the agency.

(11) “Monitored Savings” means measurements of actual energy savings or the miles reduced per vehicle, and may include, but not be limited to, energy accounting systems, energy bill comparisons, and metering. Subject to the approval of the Department, engineering estimates may be used in cases where measurement of actual savings is not practical.

(12) “Net Savings” means the operating savings and the energy cost savings, after debt service, leases, operations and maintenance costs, service contracts insurance, fuels and their transport and storage, transmission, and other recurring direct costs, resulting from a project. Net savings shall accrue only during the savings period.

(13) “Operating Savings” means reduction or elimination of: labor or service contracts; demand charges; chemicals; maintenance of energy consuming conversion and distribution equipment; replacement equipment; and lubricants and maintenance expenses in the case of vehicles, aircrafts, and vessels; providing each item is $1,000 or more annually.

(14) “Performance Measures” means performance measures, as required by Executive Department, that address energy use in buildings, facilities, and transportation. Wherever possible the performance measures should be based on monitored savings, or metered power and energy production.

(15) “Project” means a state agency’s improvement of the efficiency of energy use, development of cogeneration facilities or use of renewable resources by or at state facilities. For the purposes of these rules, a project includes only those agency activities which the agency is pursuing under the authority of ORS 469.754.

(16) “Renewable Resources” has the meaning given that term in ORS 758.505(9)(a).

(17) “Revolving Fund” means a fund in the State Treasury, or a separate account or fund in the General Fund in the State Treasury, that by law is dedicated, appropriated or set aside for the purposes listed in ORS 469.754(3). “Revolving fund” does not have the meaning used in 291.002 or the State Accounting Manual, Section 21 05 01(4) self-sustaining accounts.

(18) “Savings Period” means:

(a) For energy efficiency projects without an energy or power sales contract with an electric utility or the Bonneville Power Administration, the expected useful life of the project;

(b) For energy efficiency, cogeneration or renewable resource projects which provide energy or power pursuant to a contract with an electric utility or the Bonneville Power Administration, the term of the contract or the expected useful life of the project whichever is greater; or

(c) For cogeneration and renewable resource projects without an energy or power sales contract with an electric utility or the Bonneville Power Administration, the expected useful life of the project;

(d) For projects which provide energy or power to any combination of the state agency, an electric utility or the Bonneville Power Administration, the longest term of any energy or power sales contract or the expected useful life of the project, whichever is greater.

(19) “Service” has the meaning given that term in ORS 856.010.

(20) “State Agency” has the meaning given that term in ORS 278.005

(21) “State Facility” means the land and all buildings, structures, improvements, machinery, equipment or fixtures, and tangible personal property including, but not limited to vehicles, aircraft, vessels as defined by ORS 278.005, moveable machinery and equipment, and moveable fixtures, which are erected or operated on, above or under the land, which is owned, leased, controlled or possessed by a state agency.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 469.752 - 469.756
Statutes/Other Implemented: ORS 469.752 - 469.756
DOE 2-1994, f. & cert. ef. 12-12-94
DOE 1-1992, f. & cert. ef. 4-30-92

Or. Admin. R. 330-118-0020 Project Eligibility

(1) Eligible projects include, but are not limited to, the following:

(a) Projects which improve efficiency or attain high efficiency of energy use through energy system or process changes, equipment replacement, or waste heat recovery;

(b) Projects consisting of measures meeting energy efficiency criteria encouraged or approved by the electric or gas utilities providing service to the state facility or the Department;

(d) Projects that meet these eligibility requirements, that began construction or installation after September 30, 1991, and that were not completed prior to final adoption of rules. These projects are not subject to the provisions of the Offering the Right of First Refusal.

(2) The following projects are not eligible:

(a) A project that saves dedicated funds, which are not transferable to the General Fund; and

(b) A plan of a state agency to improve the efficiency of energy use in a state-rented facility if the payback period for the project exceeds the term of the current state lease for that facility.

(3) In the event eligibility is unknown or disputed, the party(ies) may petition the Director of the Department for a decision. The Director’s decision shall be final.

History

Statutory/Other Authority: ORS 469.752 - 469.756
Statutes/Other Implemented: ORS 469.752 - 469.756
DOE 2-1994, f. & cert. ef. 12-12-94
DOE 1-1992, f. & cert. ef. 4-30-92

Or. Admin. R. 330-118-0025 Project Notice

(1) Whenever an agency proposes to undertake a project under ORS 469.754 the state agency shall provide a notice to the Department and to the gas and electric utilities which serve the state facility where the project is domiciled and to a mailing list of interested persons developed by the state agency for this purpose. The notice shall be provided to any requesting person and include a statement of whether the agency intends to rely on the authority in ORS 469.754 and these rules, or whether the agency intends to rely on its own authority to proceed with the project.

(2) When a state agency intends to proceed with a project other than listed in section (3) of this rule, the notice shall, in addition to the information above, include:

(a) The physical location of the project(s);

(b) The anticipated size or size range of the project(s) stated in annual energy (in kWh or Btu) or capacity (in kW, horsepower or pressure), and its anticipated seasonal disposition;

(d) A description of how the project(s) could be developed, financed and operated;

(e) An intended schedule for completion and operation of the project(s); and

(f) The anticipated fuel source(s).

(3) If a state agency plans a project costing less than $50,000, an energy efficiency project encompassing under 50,0000 square feet, a project affecting the efficiency of energy use in transportation, a renewable resources project which does not generate electricity, and employee awareness campaign, or project with a useful life of less than 5 years, then they are exempt from OARs 330-118-0030, 330-118-0040, 330-118-0050 and 330-118-0055. Also exempt from these rules are other projects as predesignated by the utilities which serve the state agency. ODOE will maintain a list of such predesignated exempt projects.

History

Statutory/Other Authority: ORS 469.752 - 469.756
Statutes/Other Implemented: ORS 469.752 - 469.756
DOE 2-1994, f. & cert. ef. 12-12-94

Or. Admin. R. 330-118-0030 Right of First Refusal

(1) To exercise their right to first negotiate and right of first refusal the electric and gas utilities which serve the project’s domicile must submit a proposal in response to an agency’s procurement solicitation.

(2) A state agency shall provide the electric and gas utilities which serve the project’s domicile, and any other potential suppliers, timely access to the project site for the audit and planning purposes.

(3) An electric or gas utility which serves the project’s domicile that wants to negotiate for or to match any sales of a project’s electrical or steam output which may be sold must state such interest in their proposal in response to the agency’s procurement solicitation.

(4) A state agency is not obligated by these rules to commit to utility proposals to buy electricity, develop, finance, operate or otherwise act together in energy conservation or cogeneration and renewable resource projects which generate electricity or sell energy or power to electric utilities or the Bonneville Power Administration. These rules do not alter the agency’s or utility’s rights and obligations under ORS 758.505–758.555 and 18 CFR 292. et seq.

History

Statutory/Other Authority: ORS 469.752 - 469.756
Statutes/Other Implemented: ORS 469.752 - 469.756
DOE 2-1994, f. & cert. ef. 12-12-94
DOE 1-1992, f. & cert. ef. 4-30-92

Or. Admin. R. 330-118-0040 Selection of Project Vendors and Participants

(1) Agencies shall undertake competitive procurements for projects. The agency’s applicable rules and regulations for competitive procurement and confidentiality shall apply along with additional authorities vested in he agency by ORS 469.752–469.756. Nothing in these rules requires an agency to use a competitive procurement for exempt projects per OAR 330-118-0020(2). A copy of the procurement solicitation shall be sent to the electric and gas utilities which serve the project’s domicile and to a list of all interested persons developed by the state agency for this purpose.

(2) Agency procurement solicitations must include:

(a) A description of the preferred state facility(ies) to domicile the project(s);

(b) As applicable, the preferred size or size range of the project(s) stated in annual energy (in kWh or Bts) or capacity (in kW, horsepower or pressure), and its preferred seasonal disposition;

(d) A description of any specific problems, needs or issues the project should address;

(e) A preferred schedule for completion and operation of the project(s);

(f) Any limitations or preferences for fuel source(s);

(g) Notification of the agency’s rights cited in OAR 330-118-0030(4) and 330-118-0055; and

(h) A complete description of the criteria used for evaluation of proposals.

(3) The criteria used for evaluation shall include but need not be limited to:

(a) Timeliness;

(b) Estimated costs and financing impacts;

(d) Risks retained by the agency;

(e) Environmental impacts;

(f) Design feasibility;

(g) Estimated net savings over the life of the project; and

(h) Technical merit.

(4) Proposals in response to agency procurement solicitations must include the following:

(a) A statement of how the applicant proposes to jointly or solely develop, finance, operate or otherwise act together to develop or operate the project;

(b) A technical plan, as appropriate, with a timeline;

(d) A budget with a description of all applicable fees and costs, and proposed payment schedule;

(e) A description of what project-related risks the applicant and other suppliers propose to assume;

(f) The results of a completed technical audit, as appropriate;

(g) A list of benefits the applicant proposes to bring to the project and agency;

(h) A written commitment to participate in the proposed manner according to the proposed terms; and

(i) A description of any limitations that may impair the applicant’s ability to fulfill its proposed commitments.

(5) The deadline for accepting proposals after issuance of the procurement solicitation shall not be any sooner than:

(a) Two months for energy efficiency and renewable resource projects which do not generate electricity; or

(b) Three months for cogeneration and electricity generating renewable resource projects.

(6) Proposals received in response to the procurement solicitation shall, in consultation with the Department, be evaluated according to published criteria.

(7) Upon evaluation, the agency may select project vendors or participants for contract negotiations. The agency reserves the right to reject all proposals. If an agency determines that negotiations are at an impasse, it may terminate negotiations and select another proposal. If an agency judges a proposal from an electric or gas utility which serves the project’s domicile to be of equal merit to the highest ranking proposal, the utility’s proposal shall be deemed a match and be selected for contract negotiations, all else equal. Upon written notice from the agency the electric and gas utilities which serve the state facility where the project is domiciled shall have the right to match the best offer available to the agency for a period of 30 days. The agency may use competitive negotiations to select the best offer. The utility will have the right to match the best offer whether or not competitive negotiations are use. Should two utilities which serve the project’s domicile be judged to have the highest ranking proposals, the agency may select either one.

(8) The agency will notify all persons who submitted proposals the reasons for rejection.

History

Statutory/Other Authority: ORS 469.752 - 469.756
Statutes/Other Implemented: ORS 469.752 - 469.756
DOE 2-1994, f. & cert. ef. 12-12-94
DOE 1-1992, f. & cert. ef. 4-30-92

Or. Admin. R. 330-118-0050 Negotiating Agreement

The agency is authorized to enter into such contractual and other arrangements as may be necessary or convenient to design, develop, operate and finance a project at state-owned or state-rented facilities. Utilities may be vendors. The procedure shall be:

(1) Upon entering into a commitment with a vendor, the agency appoints representative(s) to work with the vendor to develop the project. Within three months the agency representative(s) and the vendor complete a project plan, including commissioning and training; develop a detailed budget; decide the allocation of risks and responsibilities of each party from project development through operation; determine costs to be assumed by the agency and by the vendor; determine length of agreement; set timelines.

(2) The agency and the vendor execute a written agreement within two months of completing the above tasks.

(3) The Department resolves disputes between agency and vendor arising from the project. The director’s decision is final.

(4) If changes to the project are made subsequent to the written agreement, the agreement may be amended.

History

Statutory/Other Authority: ORS 469.752 - 469.756
Statutes/Other Implemented: ORS 469.752 - 469.756
DOE 2-1994, f. & cert. ef. 12-12-94
DOE 1-1992, f. & cert. ef. 4-30-92

Or. Admin. R. 330-118-0055 Disposition of Steam and Electricity

(1) An agency is not obligated to sell any or all of a project’s energy, power, steam, or any other energy form.

(2) If an electric or gas utility which serves the project’s domicile has responded according to OAR 330-118-0030(3) the agency shall initiate an auction for the sales of the electric output or steam which the utility has expressed interest in acquiring. The auction shall be open to all potential buyers of the energy and solicit bids. Upon evaluation of bids, and with consultation with the Department, the agency may select buyer(s) for contract negotiations. The agency reserves the right to reject all proposals. If an agency determines that negotiations are at an impasse, it may terminate negotiations and select another buyer. If an agency judges an offer from an electric or gas utility which serves the project’s domicile to be of equal merit to the highest ranking offer, the utility’s offer shall be deemed a match and be selected for contract negotiations, all else equal. Upon written notice from the agency at the close of the auction the electric and gas utilities which serve the state facility where the project is domiciled shall have the right to match the best offer available to the agency for a period of 30 days. The agency may use competitive negotiations to select the best offer. The utility will have the right to match the best offer whether or not competitive negotiations are used. Should two utilities which serve the project’s domicile be judged to have the highest ranking offers, the agency may select either one. Criteria for selecting buyers of steam and electricity shall include:

(a) Transaction costs;

(b) Risks retained by the agency;

(d) Impact on estimated net savings over the life of the project.

(3) Nothing in these rules impairs an agency’s rights under any other provisions of law including rights to market energy from qualifying facilities according to ORS 758.505–758.555 and the implementing rules and orders of the Oregon Public Utility Commission, and 18 CFR 292 et. seq. Nothing in these rules affects any authority, including the authority of a state agency or a municipality to regulate utility service or the development and use of electricity, gas or steam.

History

Statutory/Other Authority: ORS 469.752 - 469.756
Statutes/Other Implemented: ORS 469.752 - 469.756
DOE 2-1994, f. & cert. ef. 12-12-94

Or. Admin. R. 330-118-0060 Budget Not Cut

The net savings shall not be deducted from the agency’s budget throughout the savings period, as long as the project produces savings. When preparing its biennial budget request the agency may use the baseline energy budget. This amount may be adjusted by an inflationary factor to cover increases in utility rates or fuel costs, increases in energy costs due to weather variations, or similar events causing changes in energy use.

History

Statutory/Other Authority: ORS 469.752 - 469.756
Statutes/Other Implemented: ORS 469.752 - 469.756
DOE 1-1992, f. & cert. ef. 4-30-92

Or. Admin. R. 330-118-0070 Retaining Fifty Percent of Net Savings

A state agency that implements a project in accordance with this rule may retain 50 percent of the net savings and maintain its baseline energy budget by:

(1) Prior to implementation of the project, the agency shall submit to the Budget and Management Division:

(a) Notification in writing of their intent to exercise their 50 percent savings option, pursuant to ORS 469.754; and

(b) Performance measures pertaining to the project.

(2) The agency shall send annual reports of monitored savings and net savings for the project to the Budget and Management Division by September 1 of each year.

(3) Upon Budget and Management Division approval, the agency shall transfer from its operations account half the amount of the accrued net savings to the revolving fund. The balance shall be transferred to the State’s General Fund.

History

Statutory/Other Authority: ORS 469.752 - 469.756
Statutes/Other Implemented: ORS 469.752 - 469.756
DOE 1-1992, f. & cert. ef. 4-30-92

Or. Admin. R. 330-118-0080 Use of Savings

A state agency shall spend the 50 percent of net savings to increase productivity through: Energy efficiency projects; high-tech improvements, such as the purchase or installation of new desk-top or lap-top computers or the linkage of computers into systems or networks; or infrastructure improvements. The agency shall submit to Budget and Management Division a plan for use of the revolving fund through the biennial budget process.

History

Statutory/Other Authority: ORS 469.752 - 469.756
Statutes/Other Implemented: ORS 469.752 - 469.756
DOE 1-1992, f. & cert. ef. 4-30-92

Or. Admin. R. 330-118-0090 Agreements with the Department for Technical Assistance

(1) The agency may request an assessment of energy and power marketing opportunities, energy audit and/or engineering study through the Department’s Small Scale Energy Loan Program.

(2) The agency may submit written requests to the Department for specific assistance, including but not limited to marketing of energy and power, engineering, architectural, and energy analysis. At the discretion of the Department, an Interagency Agreement, in accordance with ORS Chapter 190, may be executed. The Department reserves the right to charge the agency fees for work not covered by Small Scale Energy Loan Program statutes, such as arbitration, technical review, etc.

(3) Any loans with the Small Scale Energy Loan Program must comply with OAR chapter 330, divisions 105 and 110.

History

Statutory/Other Authority: ORS 469.752 - 469.756
Statutes/Other Implemented: ORS 469.752 - 469.756
DOE 2-1994, f. & cert. ef. 12-12-94
DOE 1-1992, f. & cert. ef. 4-30-92

Division 125 RESIDENTIAL STANDARDS DEMONSTRATION PROGRAM SELECTION RULES

Or. Admin. R. 330-125-0005 Purpose

(1) These rules describe how the Oregon Department of Energy will select persons or businesses who will receive incentives for building electrically-heated residences that meet model energy efficiency standards. The incentives will be offered by the Department contingent on an agreement with the Bonneville Power Administration (BPA). The incentives program will test model residential conservation standards proposed for residences by the Northwest Power Planning Council.

(2) Neither the Department nor the State of Oregon warrant or certify as cost-effective any measure or design for which an incentive is granted. Compliance with the model conservation standards does not guarantee or assure the safety, reliability, or performance of any energy conservation device or installation. These rules are only for the selection of incentive recipients.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 3-1984, f. & ef. 1-30-84

Or. Admin. R. 330-125-0010 Definitions

(1) “Appendix J”: 1983 Northwest Conservation and Electric Power Plan, Volume 2, Appendix J (with errata), adopted pursuant to the Pacific Northwest Electric Power Planning and Conservation Act of 1980 (Public Law 96-501), April 27, 1983, by the Northwest Power Planning Council (NPPC).

(2) “Applicant”: A person or business applying to the Oregon Department of Energy for an incentive to build a new electrically-heated residence that meets model conservation standards.

(3) “Control House”: A single-family residence of similar size, construction type, style, and materials as a model code standards residence and which is built to the 1979 Oregon Structural Specialty Code as amended. The control house must be near the model code standards house. The occupants of the control house must agree to participate in Department or BPA monitoring.

(4) “Cost-Accounting Data”: Cost-related information gathered according to a process provided by Area 15 National Association of Home Builders. The purpose is to compare the costs of building a residence to the model conservation standards with the costs of building a similar residence to the Oregon Structural Specialty Code.

(5) “Department”: Oregon Department of Energy.

(6) “Floor Area, Gross”: Gross floor area is the floor area within the perimeter of the outside walls of the building for all heated spaces, without deduction for hallways, stairs, closets, thickness of walls, columns, or other features.

(7) “Heated Spaces”: A space within a building which is provided with a positive heat supply to maintain air temperature at 50°F. or higher. The presence of finished living space within a basement, or registers or heating devices designed to supply heat to a basement space shall automatically meet the definition of heated space.

(8) “Incentive”: A cash award to a person or business for building a residence to model conservation standards. The incentive may include more than one payment. The amount of the incentive will be set in the agreement between the Department and BPA.

(9) “Matched-Pair Control House”: A single-family residence essentially the same in design to a residence for which an incentive is granted, but in which the energy efficiency measures meet only the current Oregon Structural Specialty Code. If the residence is a passive solar or sun-tempered design, it must have equivalent solar orientation and solar exposure as its matched residence. The matched-pair control house must be built by the builder of the model conservation standard residence, and must be near the model conservation standards residence. The gross floor area of each matched-pair house must be between 1,200 and 1,800 square feet. Occupants of the matched-pair control house must agree to allow the residence to be monitored by the Department or BPA.

(10) “Model Conservation Standards”: Standards for building energy-efficient, electrically-heated residences established in Appendix J of the 1983 Northwest Conservation and Electric Power Plan or provided by the Department.

(11) “Multi-Family Residence”: Any building which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each and doing their own cooking in the said building, and shall include flats and apartments. The building shall be only for residential uses and shall be three stories or less.

(12) “Oregon Structural Specialty Code”: State of Oregon Structural Specialty Code and Fire and Life Safety Regulations.

(13) “Residential Standards Demonstration (RSD) Program”: A program administered by the Oregon Department of Energy by agreement with BPA. The RSD Program provides incentives to build up to 200 electrically-heated, single-family residences and 20 electrically-heated multi-family buildings in Oregon to model conservation standards.

(14) “Single-Family Residence”: A structure that has one or two residential units and is only for residential use.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 3-1984, f. & ef. 1-30-84

Or. Admin. R. 330-125-0020 General Eligibility Requirements

(1) A home buyer or a home builder may apply for participation in the program; however, the cash incentive will be paid to the home builder and contract awarding the incentive can be signed only by the home builder.

(2) An applicant must demonstrate the financial ability to build the number of single-family residences or multi-family buildings for which incentives are requested. Such residences or buildings must be built in Oregon within eight months of entering into a contract with the Department, except in the case of natural disasters, strikes, and unavoidable shortages in materials and supplies. A time extension may be granted at the discretion of the Director of the Department for reasonable delays due to unforeseeable circumstances.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 3-1984, f. & ef. 1-30-84

Or. Admin. R. 330-125-0022 Home Builder Eligibility Requirements

(1) A home builder must demonstrate to the Department:

(a) That he or she has built at least three residences since January 1, 1979; or

(b) That he or she has done at least $250,000 gross business in building construction since January 1, 1979.

(2) All home builders who participate in the program must be bonded and licensed as required by ORS Chapter 701.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 3-1984, f. & ef. 1-30-84

Or. Admin. R. 330-125-0025 General Limitations

(1) Only one incentive will be granted for each residential unit.

(2) The total cost of a single-family residential unit, excluding land costs, on-site and off-site improvements, may not exceed $120,000.

(3) No person or company may receive an incentive for more than five single-family residential units. This limitation may be waived by the Director of the Department if a sufficient number of incentives have not been awarded within 60 days of the beginning of the selection and evaluation period.

(4) No Departmental employees, BPA employees involved in the RSD Program, or their immediate families are eligible to receive an incentive under this program.

(5) Proposed residences which will use heat pumps must have a gross floor area of at least 2,000 square feet.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 3-1984, f. & ef. 1-30-84

Or. Admin. R. 330-125-0030 Guidelines for Selection

(1) The Department will announce the first date that applications will be evaluated for selection. Qualified applicants will be given a preference on a “first-in-time” basis. First-in-time is determined by the date of the postmark on the envelope containing the application or the date of receipt in the Department for applications that are delivered in person. However, all applications received before the first day for selection and evaluation will be treated as if they were post-marked or received on the first day.

(2) Applications will be evaluated according to the following guidelines:

(a) Attain 30 single-family model standard residences with a matched-pair control house;

(b) Attain single-family residences with more than one control house;

(d) Achieve a geographic distribution of residences between the climate zone of 6,000 degree-days or less and that of 6,001 degree-days or more. (See Figure 53.A, Design Criteria, Oregon Structural Specialty Code);

(e) Achieve a distribution of design types based on Appendix J, Northwest Conservation and Electric Power Plan or design types provided by the Department;

(f) Achieve the following distribution of single-family residences: 45 percent that have less than 1,400 sq. ft.; 35 percent that have between 1,401 and 2,000 sq. ft.; and 20 percent that have more than 2,000 sq. ft.;

(g) Expedite building of residences by selecting applicants who are most prepared to build, as shown by financial resources, lot ownership, and progress on building design.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 3-1984, f. & ef. 1-30-84

Or. Admin. R. 330-125-0035 Application Procedures

(1) An applicant shall submit an application on forms prescribed by the Department. The application shall:

(a) Estimate the total cost of each proposed residential unit;

(b) State the gross floor area of each proposed residential unit;

(d) State the choice(s) of design type(s) to meet the model conservation standards;

(e) Provide sufficient information to document the applicant’s financial ability to construct each residence for which an incentive is requested;

(f) Provide sufficient information to document the home builder’s record of construction;

(g) State number of control houses or matched-pair control houses the applicant can provide;

(h) If the residence (or matched-pair control house) is a sun-tempered or passive solar design, provide a sun chart for the site;

(i) State that the land is appropriately zoned;

(j) Provide information on available utilities;

(k) State the applicant has control over the land by ownership or by option to purchase;

(l) Provide the home builder’s state registration number;

(m) State the name of proposed lender that will finance construction.

(2) The first day of the selection and evaluation period will be announced by the Department. Applications will be accepted until no more than 200 qualified recipients have been selected by the Department. The Director of the Department may close the application period when a sufficient number of qualified applications have been received or after 60 days, whichever is earlier. If a sufficient number of applications has not been received within 60 days, the Director may establish a second application period.

(3) Applications will be assigned a file number upon receipt.

(4) Applicants will be notified by the Department of the status of their applications within 30 days of their receipt by the Department.

(5) Incomplete applications and applications from parties who do not meet the minimum qualifications will be returned.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 3-1984, f. & ef. 1-30-84

Or. Admin. R. 330-125-0040 Incentive Contract

(1) Parties selected to receive an incentive must sign a contract with the Department concerning compliance with RSD Program design, siting, construction, reporting, and monitoring requirements and return the contract to the Department within 30 days of the contract being offered. Failure to sign the contract will void the Department’s offer of an incentive. Where an incentive has been reserved for a home buyer, that home buyer will have 30 days from notification by the Department to identify a home builder. That home builder then must sign a contract within 30 days of the Department’s offer of a contract.

(2) The home builder contract will provide the method of payment(s) and inspection requirements that must be met before payment(s) is made.

(3) The home builder contract may be made contingent upon the home builder or a potential home buyer obtaining a loan commitment to pay for building the model conservation standards residence.

(4) The home builder signing the contract shall:

(a) Agree to build in Oregon an electrically-heated residence(s) to the model conservation standards;

(b) For residences that are not pre-sold at the time the incentive is approved, agree to request that the home buyer permit and assist in the monitoring of the residence’s energy consumption and indoor air quality by the Department or BPA. However, agreement by the home buyer to participate in monitoring is a requirement for a home builder to receive a full incentive for matched-pair residences;

(d) Agree to allow the Department, BPA, or their agents to inspect the construction of the residence to ensure compliance with the plans approved by the Department;

(e) Agree to attend and complete the technical and cost-accounting training sessions being provided by the Department and its agents.

(5) Any home buyer who is identified at the time the home builder signs a contract with the Department will be required to enter into a contract with the Department. The home buyer must:

(a) Agree to participate in Departmental or BPA monitoring of energy use and indoor air quality in the residence for at least one year; and

(b) Agree not to require any design or construction changes that will affect the model conservation standard provisions in the residence without prior written approval of the Department.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 3-1984, f. & ef. 1-30-84

Or. Admin. R. 330-125-0045 Compliance with Land Use Laws

Any party receiving an incentive shall agree to comply with all local land use ordinances and building codes and to obtain all necessary permits for construction of a residence. A portion or all of the incentive payment may be withheld until an occupancy permit is issued by the local jurisdiction.

History

Statutory/Other Authority: ORS 469
Statutes/Other Implemented: ORS 469
DOE 3-1984, f. & ef. 1-30-84

Division 130 ENERGY EFFICIENT DESIGN AND OPERATION FOR STATE AGENCY FACILITIES

Or. Admin. R. 330-130-0010 Purpose

These rules prescribe procedures to promote the design, construction and renovation of highly energy efficient buildings owned and operated by state agencies by:

(1) Minimizing energy use by incorporating the Optimum Energy Conservation Measures Package as defined in these rules into the final building design and by designing all newly constructed or renovated facilities to perform a minimum of 20 percent better than the energy conservation provisions of the state building code.

(2) Reporting monthly energy use for existing buildings over 5,000 square feet using more than 10,000 Btus/square foot/year to a database specified by the department.

History

Statutory/Other Authority: ORS 276.900 - 276.915, Ch. 26 & OL 2008 HB 3612
Statutes/Other Implemented: ORS 469
DOE 6-2017, f. & cert. ef. 8-15-17
DOE 5-2011, f. & cert. ef. 6-27-11
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08
DOE 4-2001, f. 11-5-01, cert. ef. 11-15-01
DOE 1-1998, f. & cert. ef. 3-26-98
DOE 1-1990, f. & cert. ef. 4-2-90

Or. Admin. R. 330-130-0020 Definitions

(1) "Agency" means the authorized state agency, board, commission, department or division which has the authority to enter contracts, finance the construction, purchase, renovation, or leasing of buildings or other structures for use by the State of Oregon.

(2) "Agency contact" means a lead person appointed by the agency who is responsible to coordinate all State Energy Efficient Design related business with the Oregon Department of Energy, such as project notifications, interagency agreements, invoice and payment, project coordination, guideline updates and advisory recommendations.

(3) "Baseline building" means the basic building conceived by the agency and the design team. The baseline building incorporates the standard design features of typical buildings of the same usage and meets the prescriptive or performance requirements of the Oregon Energy Efficiency Specialty Code according to criteria established in the State Energy Efficient Design Program Guidelines.

(4) "Benefit-to-Cost Ratio (BCR)" means the present value of Energy Conservation Measure benefits divided by the present value of incremental Energy Conservation Measure costs.

(a) The Energy Conservation Measure benefit is the difference between the present values of the operating cost of the baseline building and the operating cost of the baseline building with the Energy Conservation Measure added.

(b) The incremental Energy Conservation Measure cost is the difference between the present values of the capital cost of the baseline building and the capital cost of the baseline building with the Energy Conservation Measure added.

(5) "Biennial report" means the report summarizing the progress toward achieving the goals of ORS 276.900 through ORS 276.915.

(6) Building Class:

(a) "Class 1 Building" means all:

(A) New buildings, additions, or renovations of 10,000 or more square feet of heated or cooled floor area; and

(B) Building additions that increase the size of an existing building to 10,000 or more square feet of heated or cooled floor area and renovations to buildings of 10,000 or more square feet of heated or cooled floor area, which significantly affect:

(i) The existing mechanical or control system; or

(ii) At least two of the following energy systems: interior lighting, building envelope, domestic hot water, or special equipment.

(iii) Only those systems identified in (i) and (ii) that are significantly affected are subject to procedures outlined in 330-130-0040.

(b) "Class 2 Building" means all new buildings or renovations of less than 10,000 square feet of heated or cooled floor area except for new buildings, structures, or facilities of any size which have no energy using systems.

(7) "Building model" means a computer model, which calculates annual building energy use. The Oregon Department of Energy shall approve hourly building models, simplified hourly building models and the approach to modeling Energy Conservation Measure energy savings above the baseline building as established in the State Energy Efficient Design Program Guidelines. The building model for all Class 1 Buildings must be an hourly building model, except for certain Class 1 buildings as approved by the Oregon Department of Energy where simplified hourly building modeling or prescriptive packages established in the State Energy Efficient Design Program Guidelines may be used.

(8) "Capital construction cost" means the cost of current and future building investments including construction, design, administration, major replacement, and salvage values. Costs of compliance with these rules may also be included.

(9) “Commissioning agent” is an individual or firm that has demonstrated experience commissioning Heating, Ventilating, and Air Conditioning (HVAC) mechanical systems and HVAC control systems, commercial and industrial mechanical technologies, lighting controls, and testing and balancing of air and water systems.

(10) “Contracting agency” means the agency entering into a contract for facility construction or renovation.

(11) “Department” means the Oregon Department of Energy.

(12) "Design team" means the architect(s), engineer(s), and other professionals who are responsible for the design of the new building or renovation.

(13) “Director” means the director of the department.

(14) “Energy Use Index (EUI)” is a calculated index that describes a building’s energy use in relation to a metric, generally square feet, such as kBtu/ft2 –yr or kWh/ft2 –yr.

(15) "Energy analysis report" means a report prepared by an energy analyst, under the direction of a professional engineer or licensed architect, recommending an Optimum Energy Conservation Measure Package for a Class 1 building. The report must include:

(a) Department State Energy Efficient Design forms;

(b) A summary of recommendations;

(d) Energy Conservation Measure descriptions with analysis results;

(e) Energy Conservation Measure savings calculations; and

(f) Energy Conservation Measure cost estimates.

(16) "Energy analyst" means the individual who prepares the building energy analysis and the energy analysis report under the direction of a professional engineer or licensed architect who reports to the project architect or agency.

(17) “Energy auditor” is an individual or firm that has demonstrated experience performing comprehensive analysis of a building’s energy using systems, and performs benefit to cost analysis of energy efficiency measures.

(18) "Energy Conservation Measure (ECM)" means a measure designed to reduce energy use, including alternative energy systems which replace conventional fuels with renewable resources. ECMs must not conflict with applicable codes and other professional standards.

(19) "ECM Package" means two or more ECMs combined for analysis.

(20) “Energy Service Company (ESCO)” means a company, firm or other legal person with the demonstrated technical, operational, financial and managerial capabilities to design, install, construct, commission, manage, measure and verify, and otherwise implement ECMs and other work in building systems or building components that are directly related to the ECMs in existing buildings and structures.

(21) “Energy Services Performance Contract (ESPC)” means a public improvement contract between a contracting agency and a qualified energy service company for the identification, evaluation, recommendation, design, and construction of ECMs, including a Design Build Contract, that guarantees the energy savings performance.

(22) "Energy systems performance verification plan" means a plan that outlines how the building's energy systems are to be tested during the construction phase and how the building's performance is to be verified with long-term monitoring during occupancy.

(23) “Highly efficient facility” means a facility that is designed, built and operated according to these State Energy Efficient Design rules, that improves energy performance compared to the state building code by 20 percent or more, that makes use of renewable energy resources where practical, and that incorporates all cost-effective energy efficiency measures.

(24) “High performance target energy use” means a target energy use index for a building or building type as determined by the department, such as the ASHRAE Standard 100 Building Activity Energy Target.

(25) “Measurement and verification (M&V)" means, as used in ESPC Procurement, the examination of installed ECMs using the International Performance Measurement and Verification Protocol or process, to monitor and verify the operation of energy using systems pre-installation and post-installation.

(26) "Net Present Value Savings (NPVS)" means the difference between the present values of the capital and operating costs of the baseline building and the capital and operating costs of the baseline building with the ECM added.

(27) "Operating cost" means the costs for energy, fuel, annual and periodic maintenance, supplies, consumables, and other operating items associated with ECMs, such as water and sewer, during the life of the building.

(28) "Optimum ECM Package" means the ECM package which incorporates all reasonable cost-effective ECMs and which meets the following conditions:

(a) Each ECM included in the package has a BCR greater than 1.0 when modeled independently.

(b) The ECM package has a BCR greater than 1.0.

(29) "Present value" means the value of a financial cost or benefit, discounted to current dollars using discounting factors and methods approved by the department.

(30) “Renewable energy resource” includes, but is not limited to, on-site generation of energy for use in the building from the following sources:

(a) Straw, forest slash, wood waste or other wastes from farm or forest land, nonpetroleum plant or animal based biomass, ocean wave energy, solar energy, wind power, water power or geothermal energy; or

(b) A hydroelectric generating facility that obtains all applicable permits and complies with all state and federal statutory requirements for the protection of fish and wildlife and:

(A) That does not exceed 10 megawatts of installed capacity; or

(B) Qualifies as a research, development or demonstration facility.

(31) “Renovation” means an addition to, alteration of, or repair of a facility that adds to or alters the facility’s energy systems, provided that the affected energy systems accounts for 50 percent or more of the facility’s total energy use.

(32) “SEED” means State Energy Efficient Design Program as defined in ORS 276.900 through ORS 276.915 under the heading State Agency Facility Energy Design.

(33) "SEED Program Guidelines" are guidelines developed by the department with assistance from an advisory committee that consists of representatives from interested agencies, design professionals, consulting engineers and utilities.

(34) "Simple payback" means the estimated ECM cost divided by the estimated first year ECM energy, operating, and maintenance savings.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 276.900 - 276.915
Statutes/Other Implemented: ORS 469
DOE 6-2017, f. & cert. ef. 8-15-17
DOE 5-2011, f. & cert. ef. 6-27-11
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08
DOE 4-2001, f. 11-5-01, cert. ef. 11-15-01
DOE 1-1998, f. & cert. ef. 3-26-98
DOE 1-1990, f. & cert. ef. 4-2-90

Or. Admin. R. 330-130-0030 Notification

When the building class has been determined during the pre-design or programming phase of a building project, the following procedures shall be followed:

(1) Class 1 Buildings. The agency shall notify the department of a building project prior to the release of the Request for Proposals (RFP) for contracting/design services. The agency contact shall coordinate with the department to set-up the initial meeting early in the pre-design or programming phase of a building project.

(2) Class 2 Buildings. The agency shall notify the department and may request a list of recommended ECMs and services applicable to the building.

History

Statutory/Other Authority: ORS 276.900 - 276.915
Statutes/Other Implemented: ORS 469
DOE 6-2017, f. & cert. ef. 8-15-17
DOE 5-2011, f. & cert. ef. 6-27-11
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08
DOE 1-2003, f. & cert. ef. 1-10-03
DOE 4-2001, f. 11-5-01, cert. ef. 11-15-01
DOE 1-1998, f. & cert. ef. 3-26-98
DOE 1-1990, f. & cert. ef. 4-2-90

Or. Admin. R. 330-130-0040 Procedures for Class 1 Buildings

(1) The SEED process follows typical design process steps as the organizing principle. If the project does not fit the suggested steps, an alternative plan may be developed between the department and the agency.

(2) Meetings in this section of these rules may be eliminated or combined with other meetings as deemed appropriate by the department.

(3) Pre-Design or Programming Phase. The purpose of the SEED process is to ensure that energy efficiency is an integral part of the building design.

(a) Initial Meeting. Early in the pre-design or programming phase, the agency and the department shall meet to:

(A) Discuss the scope of the project;

(B) Define the role of the department including, but not limited to, the level of involvement, decision authority on behalf of the owner, and relationship with contractors. The department shall be notified of all meetings where significant review of or final decisions about energy systems are anticipated.

(C) Develop the RFP and contract. The RFP and the contract's statement of work must include a reference to building a “highly energy efficient facility” as defined in these rules and to the SEED process. The department may develop language for the agency to use for including energy efficient design in the request for proposals and the contract for architectural and engineering services. Upon request, the department will review or comment on the RFP, contract or energy qualifications of proposals as an expanded service under section (9).

(D) The agency must hire an energy analyst as described in OAR 330-130-0090(2)(a).

(b) Schematic Design Phase:

(A) Energy Planning Session. Early in the Schematic Design Phase, the agency, design team, department and energy analyst shall meet to further define the items in the list below:

(i) Project design;

(ii) Construction schedule;

(iii) Energy goals of the project

(iv) Design criteria;

(v) Integrated energy design approach;

(vi) Energy systems performance verification plan; and

(vii) Modeling approach.

(B) Preliminary Investigation. Working with the agency and the design team, the energy analyst must prepare a comprehensive list of ECMs to capture significant opportunities for building energy savings. Two weeks before the scoping process (under section (2)(c)), the agency must deliver to the department the following items:

(i) Description of the baseline building and its energy-using systems;

(ii) List of proposed ECMs;

(iii) Approach and tools for modeling;

(iv) Initial building plans;

(v) Design intent;

(vi) Description of operating criteria; and

(vii) Results of preliminary modeling effort, if any.

(c) Scoping Process. The department, the agency, the design team, and the energy analyst shall select the ECMs for analysis. If needed, further refinement of the modeling effort may be discussed and decided upon.

(4) Design Development Phase:

(a) Baseline and individual ECM analysis. The energy analyst shall use the building model for baseline building analysis and individual ECM analysis. The energy analyst may use fully documented manual calculations for simple, non-interactive ECMs and may eliminate potential ECMs with preliminary estimates of costs and savings if the simple payback is greater than the equipment life.

(b) Metering Plan. The agency, in consultation with the energy analyst, the design team and the department, must specify what types of utility meters are to be installed and what system is to be used to monitor the building's energy use. Where practical, sub-metering shall be provided on major energy-using equipment or systems. This Metering Plan must be incorporated in the energy systems performance verification plan.

(c) Interim Submittal and Review. Two weeks before the ECM Review Meeting, the agency must submit to the department the preliminary energy analysis report. The department will review the preliminary energy analysis report and provide its written or verbal comments and recommendations to the agency prior to the ECM review meeting. The following items must be submitted as part of the preliminary energy analysis report:

(A) Narrative describing the baseline building and the proposed ECMs;

(B) Tables showing energy use for the baseline building and the building with proposed ECMs;

(D) List of eliminated ECMs and calculations;

(E) Analysis results for individual ECMs; and

(F) Metering plan.

(d) ECM Review Meeting. The department, the agency, the design team, and the energy analyst shall meet to review and agree on the results in the preliminary energy analysis report.

(5) Construction Documents Phase:

(a) Implementation of Cost-Effective Measures. The agency must incorporate the Optimum ECM Package into the final building design.

(b) Submittal of Construction Documents. The agency shall provide the department with construction documents in sufficient detail to verify that the Optimum ECM Package will be included in the final construction documents and specifications no later than at 90 percent design completion. This submittal must also include the preliminary energy systems performance verification plan.

(c) The department shall review this submittal and forward its written findings and recommendations to the agency within 10 working days after receiving the documents, if practicable.

(6) Construction Phase:

(a) Contractor Submittals and Substitutions. The design firm shall ensure that contractor equipment submittals, requests for substitutions and change orders adhere to the ECM design intent. The design firm must send any substitutions or submittals that differ from the ECM design intent to the department for review.

(b) Final Report Submittal. The agency shall deliver the final energy analysis report containing the Optimum ECM Package and projected energy use to the department for review.

(c) Delivery of the department findings. The department shall review the report and forward its written findings and recommendations to the agency within 10 working days after receiving the report, if practicable.

(d) Site Inspections. To verify that ECMs are installed correctly and operating efficiently, the department or its representative may make walk-through site inspections during the installation of ECMs.

(e) Performance verification. The energy systems performance verification plan must be carried out and a copy of the commissioning report (if applicable) must be submitted to the department.

(f) Training. Training must be provided for building operators and a training plan must be incorporated into the performance verification plan. The training should parallel the operations manual prepared for the owner. It is highly recommended that instruction on the design intent and operation of the building as a system also be offered to the owners and occupants of the new facility.

(7) Occupancy Phase:

(a) Monitoring. Actual building operation will be compared with assumptions made in the final design phase energy analysis. If significant differences in schedules, equipment, operation, etc. exist, a calibrated energy model must be submitted at the discretion of the department (i.e., if actual energy use is more than five percent of predicted energy use). During the first 18 months into occupancy, energy use by the building systems must be monitored and compared with the modeling results. If significant differences between the actual energy use and the model predictions result, the agency must investigate to find the cause, so that:

(A) An adjustment can be made to the operation of the building; or

(B) An explanation for the difference can be found that is acceptable to the agency and the department. The agency must send its findings to the department.

(b) Buildings not meeting energy use goals. If, after monitoring the building for 18 months, the building's performance does not meet the projected energy use because of reasons reported under (7)(a), the agency shall submit an energy conservation plan to the department within 90 days after reporting the above target energy use. This plan will outline the modifications to be made until monitoring shows that the building meets the projected energy use, or all reasonable attempts to reduce the energy use have been made. A report of these remedial actions must be submitted to the department.

(c) SEED Award. The department shall give the SEED Award to the agency if the building complies with these SEED rules, is a "highly energy efficient facility," and meets the criteria for the SEED award as determined in the SEED Program Guidelines.

(8) Waiver. The director of the department may waive part of these rules when an agency cannot comply due to extenuating circumstances such as for health or safety reasons, or the building has been designated a historic site.

(9) Expanded Services. Expanded services are services provided by the department that are outside the scope of OAR 330-130-0010 through OAR 330-130-0100. Such services may include, but are not limited to:

(a) Acting as the owner's agent on energy issues;

(b) Modeling during various phases of the design process and when the building is occupied;

(d) Providing resource conservation management assistance and training as needed or requested by the agency.

History

Statutory/Other Authority: ORS 276.900 - 276.915
Statutes/Other Implemented: ORS 469
DOE 6-2017, f. & cert. ef. 8-15-17
DOE 5-2011, f. & cert. ef. 6-27-11
DOE 1-2003, f. & cert. ef. 1-10-03
DOE 4-2001, f. 11-5-01, cert. ef. 11-15-01
DOE 1-1998, f. & cert. ef. 3-26-98
DOE 1-1990, f. & cert. ef. 4-2-90

Or. Admin. R. 330-130-0050 Procedures for Class 2 Buildings

(1) Role of the agency.

(a) The agency must notify the department of Class 2 projects.

(b) The agency shall determine that the design incorporates all reasonable cost-effective ECMs. ECMs or ECM packages with a Simple Payback shorter than equipment life shall be considered cost-effective for Class 2 Buildings. The agency, with assistance from the design team as necessary, shall provide preliminary benefit/cost results for each ECM implemented.

(d) Upon completion of construction, the agency must send a list of the measures that were actually installed in the building to the department.

(2) Role of the department. The department shall be available to the agency to advise or suggest potential energy saving measures.

History

Statutory/Other Authority: ORS 276.900 - 276.915
Statutes/Other Implemented: ORS 469
DOE 6-2017, f. & cert. ef. 8-15-17
DOE 5-2011, f. & cert. ef. 6-27-11
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08
DOE 1-2003, f. & cert. ef. 1-10-03
DOE 4-2001, f. 11-5-01, cert. ef. 11-15-01
DOE 1-1998, f. & cert. ef. 3-26-98
DOE 1-1990, f. & cert. ef. 4-2-90

Or. Admin. R. 330-130-0055 Procedure for Leased Buildings

The department, in consultation with the agencies, shall establish guidelines for incorporating energy efficiency requirements into lease agreements of 10 years or more to be phased in as current leases expire or as agencies enter into new agreements.

History

Statutory/Other Authority: Ch. 26 & OL 2008 HB 3612
Statutes/Other Implemented: ORS 276.900 - 276.915
DOE 5-2011, f. & cert. ef. 6-27-11
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08

Or. Admin. R. 330-130-0060 Service Charges

Charges to the agency by the department for services shall be as follows:

(1) Class 1 Buildings:

(a) The charges by the department to the agency will be based on an hourly rate for the actual hours worked on the project. Hourly rates charged by the department and invoiced to the agency will include salary, other payroll expenses, the federally allowed indirect rate for the department, staff travel expenses, other service or supply costs, and administrative costs. Invoices may be submitted to the agency by the department monthly commencing one month after notification. Invoices will provide the hours of service and the hourly rate. The maximum charge shall be calculated at $0.002 for each dollar of capital construction cost unless otherwise agreed to in writing by the agency and the department.

(b) To ensure the agency receives the final invoice prior to closing their construction accounts, the department may invoice in advance for final building inspections and post-occupancy energy use tracking.

(2) Class 2 Buildings. No charge unless the agency chooses to enter into an interagency agreement with the department.

(3) Charges do not include design team or energy analyst services. The agency must obtain these services directly. Charges include all services provided by the department or their representative in fulfilling the requirements described in these rules. Charges do not include services such as described in section 330-130-0040(9) "Expanded Services" provided by the department.

(4) The director may waive charges for special circumstances including, but not limited to, demonstration or pilot projects.

(5) All charges are subject to review and adjustment by the director of the department.

History

Statutory/Other Authority: ORS 276.900 - 276.915
Statutes/Other Implemented: ORS 469
DOE 6-2017, f. & cert. ef. 8-15-17
DOE 5-2011, f. & cert. ef. 6-27-11
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08
DOE 1-2003, f. & cert. ef. 1-10-03
DOE 1-2002, f. 5-8-02, cert. ef. 5-13-02
DOE 4-2001, f. 11-5-01, cert. ef. 11-15-01
DOE 1-1998, f. & cert. ef. 3-26-98
DOE 1-1990, f. & cert. ef. 4-2-90

Or. Admin. R. 330-130-0070 Department Administrative Procedures

(1) The department shall provide information and administer the program to ensure the program is in accordance with these rules.

(2) Under special circumstances, the director may waive certain requirements under these rules, provided the intent of the program as described in statute is maintained.

(3) The department has developed guidelines, which contain recommended procedures, instructions, and information relating to these rules. The department shall solicit agency comments on the guidelines on a biennial basis and revise the guidelines as appropriate.

(4) The department shall compile information about agency participation and ECM implementation into a database. The department shall make database information available to agencies and use the data in evaluating agency compliance with the objectives of ORS 276.900 through ORS 276.915.

(5) The department shall prepare a biennial report to the legislature prior to the legislative session of every odd-numbered year.

History

Statutory/Other Authority: ORS 276.900 - 276.915
Statutes/Other Implemented: ORS 469
DOE 6-2017, f. & cert. ef. 8-15-17
DOE 5-2011, f. & cert. ef. 6-27-11
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08
DOE 4-2001, f. 11-5-01, cert. ef. 11-15-01
DOE 1-1998, f. & cert. ef. 3-26-98
DOE 1-1990, f. & cert. ef. 4-2-90

Or. Admin. R. 330-130-0080 Procedures for Monitoring the Reduction in Energy Use by State Agencies

(1) Annual energy use per square foot shall be tracked for all state owned buildings over 5,000 square feet with an annual energy use exceeding 10,000 Btus/square foot/year. The department may exempt specific buildings from reporting energy use, if deemed appropriate, i.e., if the building is to be closed or sold in the near future.

(2) Agencies must report energy use on monthly intervals into the ENERGY STAR Portfolio Manager (ESPM) database, or other database as specified by the department. Energy shall be reported for each separate building or facility. When energy reporting for individual facilities is not possible due to existing energy metering configurations, such as for a campus, facilities may be grouped into a common meter for reporting purposes. Electricity and heating fuels must be tracked separately for each calendar year and entered into the database no later than March 31 of the following year.

(3) When significant changes of facility size or use takes place, each agency must notify the department of the change and is responsible for making revisions to their respective ESPM account.

(4) It is recommended that sub-metering of buildings and/or major energy consuming equipment is added where advisable and feasible in order to get better data on energy use and facilitate better energy management of the facilities.

(5) If the building energy use exceeds the high performance target energy use for that building category, the agency shall investigate the reason for exceeding the target. The agency shall develop a plan that outlines all modifications, procedures and changes that need to be introduced until the target is met and maintained. The agency shall monitor progress and modify the plan as necessary each year until the target is reached and shall report the plan annually to the department.

(6) If a building category does not have an established target EUI, the agency shall work with the department to identify a reasonable energy use target for the building.

History

Statutory/Other Authority: ORS 276.900 - 276.915
Statutes/Other Implemented: ORS 469
DOE 6-2017, f. & cert. ef. 8-15-17
DOE 5-2011, f. & cert. ef. 6-27-11
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08
DOE 1-2003, f. & cert. ef. 1-10-03
DOE 4-2001, f. 11-5-01, cert. ef. 11-15-01

Or. Admin. R. 330-130-0090 Pre-qualification for persons performing Energy Analysis and Energy Savings Performance Contracting Services

(1) The department shall establish criteria to prequalify persons or firms to execute the provisions of the SEED program rules. Agencies must only select persons or firms that have been prequalified by the department to perform energy analysis and energy savings performance contracting (ESPC) services.

(a) Energy analyst

(A) The department shall establish a list of pre-qualified energy analysts through a solicitation process that uses qualifications-based scoring criteria to determine a person’s ability to perform building energy analysis.

(B) Agencies that wish to hire a person or firm that has not been previously prequalified by the department must request pre-approval from the department for exemption from this requirement. Only energy analysts that meet the qualifications as described in the SEED Program Guidelines will be considered eligible for exemption from prequalification.

(b) Energy Savings Company (ESCO)

(A) A qualifying firm will have demonstrated expertise in the following areas:

(i) A prior record of successfully performing ESPCs on projects involving existing buildings and structures that are comparable to projects typically undertaken by state agencies; and

(ii) The financial strength to effectively guarantee energy savings and performance for ESPC projects, or the ability to secure necessary funding to effectively guarantee energy savings under an ESPC.

(B) Pre-qualification process: The department will utilize a Request for Qualifications (RFQ) process as the first step in a two-part process to pre-qualify energy service companies to perform energy savings performance contracting services.

(C) RFQ proposal evaluation process: For ESCO proposal evaluations, the department shall establish qualifications-based evaluation factors that outweigh price-related factors, due to the fact that the RFQ process is the first step of a two-step process. A state agency planning to enter into an ESPC must request RFPs from a minimum of three firms on the pre-qualified list.

(3) Agencies must adhere to the following requirements for ESPC projects:

(a) Only select persons or firms that have been pre-qualified by the department to provide energy savings performance contracting services.

(b) Only utilize ESPC for comprehensive facility retrofits that include energy efficiency projects for two or more energy using systems. These systems must contribute to at least 50 percent of a facility’s total energy use.

(d) Only use ESPC for existing buildings that are two or more years old.

(e) Limit eligible contracting activities to:

(A) Technical energy audit;

(B) Project development plan;

(D) Measurement and verification;

(E) Energy savings guarantee(s)

(f) Not combine service agreements with an ESPC contract. All service agreement contracts must be mutually exclusive.

(g) Only solicit department-qualified ESCOs as the second step of a two-step process for final selection of an ESCO for ESPC services.

(h) At a minimum, the agency’s solicitation process must include a technical facility profile, pre-proposal walk-through, and an interview process.

(4) Agencies may;

(a) Select qualifications-based evaluation factors that outweigh price factors.

(b) Contract with a third party for commissioning and measurement and verification services.

History

Statutory/Other Authority: Ch. 26 & OL 2008 HB 3612
Statutes/Other Implemented: ORS 276.900 - 276.915
DOE 6-2017, f. & cert. ef. 8-15-17
DOE 5-2011, f. & cert. ef. 6-27-11
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08

Or. Admin. R. 330-130-0100 Pre-qualification for persons performing Energy Commissioning, Auditing, and Performance Verification Services

(1) The department shall establish criteria to pre-qualify persons or firms to execute the provisions of this bill. Agencies may select persons or firms that have been pre-qualified by the department to perform auditing, commissioning, and performance verification services for energy systems.

(2) Energy Auditor:

(a) The department shall maintain a list of pre-qualified energy auditing firms. This list must be established through an open RFP process using a qualification-based scoring criteria to determine a person’s or firm’s ability to perform energy audits in existing buildings.

(b) A qualifying firm must demonstrate expertise in the following areas:

(A) Commercial and industrial technology;

(B) Energy auditing equipment, heating, ventilating, and air conditioning systems;

(D) Energy efficiency technology; and:

(E) Preventative maintenance procedures.

(c) Agencies may use the department’s list of pre-qualified energy auditors for the selection of a person or firm to perform energy conservation measure analysis of existing buildings.

(3) Commissioning Agent

(a) The department maintains a list of pre-qualified commissioning firms. This list will be established through an open RFP process that uses a qualifications-based scoring criteria to determine a person’s or firm’s ability to perform commissioning of energy using systems in new and existing buildings.

(b) At least one individual employed by the firm must be a member of a building commissioning professional association such as Building Commissioning Association (BCA), National Environmental Balancing Bureau (NEBB), or Associated Air Balance Council (AABC).

(c) Agencies may use the department’s list of pre-qualified commissioning agents for the selection of a person or firm to perform commissioning services for energy efficiency projects in new and existing buildings.

(4) Measurement and verification.

(a) Agencies may select from the list of pre-qualified ESCOs described in OAR 330-130-0090(2)(b) or the list of commissioning agents described in OAR 330-130-0100(3) for the measurement and verification of implemented energy efficiency measures.

History

Statutory/Other Authority: Ch. 26 & OL 2008 HB 3612
Statutes/Other Implemented: ORS 276.900 - 276.915
DOE 6-2017, f. & cert. ef. 8-15-17
DOE 5-2011, f. & cert. ef. 6-27-11
DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08

Or. Admin. R. 330-130-0500 Use of Fuel Cell Power Systems

(1) This rule establishes the criteria for agencies to use when comparing fuel cell power systems to other equipment options as required by ORS 276.910.

(2) State agencies who are constructing or renovating a Class 1 building with an identified requirement for emergency backup power or with critical power application shall compare and evaluate, in collaboration with the design team, available equipment options, including fuel cell power systems, to meet the identified need. The evaluation shall include, but not be limited to:

(a) An evaluation of the emissions over the expected life cycle of the system, including the estimated activity related to standby, testing, maintenance, fueling, and operational activity. An agency may, if the information is available, consider the emissions generated during manufacturing and shipping of the equipment, including its components.

(b) A comparison and documentation demonstrating that the agency considered the environmental impact for the following:

(A) Nitrous Oxide;

(B) Sulfur Oxide;

(D) Carbon Dioxide;

(E) Other regulated particulates; and

(F) Any other pollutant identified by the agency.

(c) A comparison of the life cycle costs of all equipment under consideration, which may include estimates of acquisition, installation and commissioning, siting and permitting, maintenance, fueling and decommissioning and training costs; and

(d) An analysis of the ability of the systems to meet the design and stress needs of the application, the availability of fuel over the life cycle of the system and the availability of service support, maintenance and parts during system life cycle.

History

Statutory/Other Authority: ORS 276.910
Statutes/Other Implemented: ORS 276.910
DOE 12-2010, f. & cert. ef. 10-1-10

Division 135 1.5 PERCENT FOR GREEN ENERGY TECHNOLOGY IN PUBLIC BUILDING CONSTRUCTION CONTRACTS

Or. Admin. R. 330-135-0010 Purpose

The purpose of these rules is to establish procedures to administer ORS 279C.527 through 279C.528 and Oregon Laws 2019 chapter 160 (HB 2496), which require a contracting agency to include an appropriate green energy technology, or if green energy technology is not appropriate an eligible alternative to green energy technology in the construction, reconstruction, or major renovation of a public building by spending an amount equal to at least 1.5 percent of the total contract price associated with that building.

History

Statutory/Other Authority: ORS 469.040, ORS 297C.528 & OL 2019, Ch. 160 (HB 2496)
Statutes/Other Implemented: ORS 297C.528, ORS 279C.527 & OL 2019, Ch. 160 (HB 2496)
DOE 2-2019, amend filed 12/19/2019, effective 01/01/2020
DOE 7-2017, amend filed 12/20/2017, effective 12/20/2017
DOE 7-2013, f. & cert. ef. 12-23-13
DOE 15-2012, f. 12-27-12, cert. ef. 1-1-13
DOE 6-2007, f. 12-31-07, cert. ef. 1-2-08

Or. Admin. R. 330-135-0015 Definitions

For the purpose of this division, the following definitions apply:

(1) "Baseline building” means a building that complies with the minimum requirements of the energy code, using either the prescriptive or performance pathways as specified in the energy code.

(2) "Building" means any structure utilized or intended for supporting or sheltering any occupancy, as defined in Section 202 of the 2019 Oregon Structural Specialty Code.

(3) "Contracting agency" means a public body as defined in ORS 174.109 that plans to enter into a public improvement contract for the construction, reconstruction or major renovation of a public building.

(4) “Cost-effective” means that an investment in green energy technology or woody biomass energy technology away from the site has a higher estimated economic benefit than an investment in corresponding green energy technology or woody biomass energy technology at the site. The comparison must include, but is not limited to, the cost of green energy technology or woody biomass energy technology, the cost of energy transmission infrastructure back to the public building, the value of electrical energy produced, saved or used over the life of the system, and the value of thermal energy produced, saved or used over the life of the system.

(5) "Department" means the Oregon Department of Energy.

(6) "Director" means the Director of the Oregon Department of Energy.

(7) “Direct use” of geothermal energy means using the geothermal resource directly for space or water heating in a building without the assistance of a heat pump. For the purpose of these rules, direct use applications employ resource temperatures of at least 140°F, except when applied to public school construction, in which case the minimum resource temperature is 128°F.

(8) “Energy Code” means the Oregon energy code as adopted by the Department of Consumer and Business Services, Building Codes Division as Chapter 13 of the 2019 Oregon Structural Specialty Code.

(9) “Energy Use Efficiency” means the use of construction and design standards, construction methods, products, equipment, and devices to increase efficient use of, and reduce consumption of, electricity, natural gas, and fossil fuels in buildings undergoing new construction, reconstruction, alteration, and repair.

(10) “Geothermal energy” means the energy from a geothermal source including, but not limited to, indigenous steam, hot water, and hot brines.

(11) “Green energy technology” has the definition given in ORS 279C.527 as updated by Oregon Laws 2019, chapter 160 (HB 2496).

(12) “Lower Heating Value” means the net heat production during combustion with return of the temperature of the combustion products to 150 degrees Celsius and water vapor as product of combustion (reflecting the fact that evaporation requires heat and the latent heat of vaporization of water in the combustion reaction products is not recovered).

(13) “ODOE 1.5 Percent for Green Energy Technology database” means a database, administered by the Oregon Department of Energy, of public building construction projects that report subject to these rules.

(14) “Proposed Building” means the building as-designed with energy use efficiency improvements that reduce the energy consumption of a building compared to the baseline building.

(15) “Public school” means a public educational program offering kindergarten through grade 12 or any part thereof.

(16) “Site” means a land parcel or a group of contiguous land parcels, controlled by the contracting agency, on which a building either is or will be located.

(17) "Total contract price" has the definition given in ORS 279C.527 and means all of the costs a contracting agency anticipates incurring in all contracts and subcontracts involved in constructing, reconstructing or performing a major renovation of a public building including design or architecture, engineering, transportation or environmental impact assessment and planning, construction management, labor, materials, land surveying and site preparation, demolition, hazardous material removal, required reinforcements or improvements to existing structures or appurtenant infrastructure, insurance, inspections and certifications and, except as provided in this paragraph, other costs the contracting agency would not incur but for the construction, reconstruction or major renovation of the public building. “Total contract price” does not include:

(a) Costs of advertising, soliciting, evaluating bids or proposals for or awarding a public contract;

(b) Costs of moving contracting agency employees, equipment and furnishings from and to a public building;

(d) Ordinary operating costs for a public building during periods of reconstruction or renovation;

(e) Costs of storing equipment or furnishings at a site away from a public building;

(f) Labor costs for employees of a contracting agency;

(g) Direct costs that are solely for the purpose of retrofitting or improving a public building’s ability to withstand a seismic event; and

(h) Costs that bear only a tenuous relationship to the construction, reconstruction or major renovation of a public building.

(18) "Total solar resource fraction" (TSRF) means the percent of energy produced by a fixed axis solar energy system when compared to the annual performance of the same system with optimal tilt and orientation and no external shading.

(19) “Woody Biomass Energy Technology” means a system that, for space or water heating or as a combined heat and power system, uses a boiler with lower heating value combustion efficiency of at least 80 percent and that uses as fuel material from trees and woody plants, such as limbs, tops, needles, leaves and other woody parts, that grow in a forest, woodland, farm, rangeland, or wildland that borders an urban area, and is a by-product of forest management, agriculture, ecosystem restoration or fire prevention or related activities.

(a) Woody biomass does not include wood pieces that have been treated with creosote, pentachlorophenol, chromated copper arsenate or other chemical preservatives or municipal solid waste.

(b) Sawdust that is a by-product of forest management, ecosystem restoration, fire prevention or related activities is considered to be a fuel that meets the woody biomass requirement. Woody biomass does not include wood products that are not a by-product of forest management, agriculture, ecosystem restoration or fire prevention or related activities, such as construction and demolition waste, or other industrial wood waste.

History

Statutory/Other Authority: ORS 469.040, ORS 297C.528 & OL 2019, Ch. 160 (HB 2496)
Statutes/Other Implemented: ORS 297C.528, ORS 279C.527 & OL 2019, Ch. 160 (HB 2496)
DOE 2-2019, amend filed 12/19/2019, effective 01/01/2020
DOE 7-2017, amend filed 12/20/2017, effective 12/20/2017
DOE 5-2015, f. & cert. ef. 10-14-15
DOE 7-2013, f. & cert. ef. 12-23-13
DOE 15-2012, f. 12-27-12, cert. ef. 1-1-13
DOE 6-2007, f. 12-31-07, cert. ef. 1-2-08

Or. Admin. R. 330-135-0018 Requirement for Inclusion of Green Energy Technology

(1) Except as provided in OAR 330-135-0040, contracting agencies must spend an amount equal to at least 1.5 percent of the total contract price of a subject public building project, as defined in OAR 330-135-0020, for the inclusion of eligible green energy technology, or if green energy technology is not appropriate energy use efficiency or woody biomass energy technology, in the subject public building.

(2) Contracting agencies may install the green energy technology (other than battery storage), energy use efficiency, or woody biomass energy technology required under subsection (1) of this section at a site located away from the eligible public building in accordance with ORS 279C.527(3)(a) to (b), as amended by Oregon Laws 2019, chapter 160 (HB 2496).

(3) Contracting agencies may defer expenditure of these funds under the conditions of OAR 330-135-0045 and 330-135-0051.

History

Statutory/Other Authority: ORS 469.040, ORS 279C.528 & OL 2019, Ch. 160 (HB 2496)
Statutes/Other Implemented: ORS 279C.528, ORS 279C.527 & OL 2019, Ch. 160 (HB 2496)
DOE 2-2019, amend filed 12/19/2019, effective 01/01/2020
DOE 7-2017, amend filed 12/20/2017, effective 12/20/2017
DOE 7-2013, f. & cert. ef. 12-23-13
DOE 15-2012, f. 12-27-12, cert. ef. 1-1-13

Or. Admin. R. 330-135-0020 Subject Building Projects

(1) These rules apply to any permanent building(s) which will be owned, partially owned or controlled by a contracting agency and which is either:

(a) Used for conducting public business; or

(b) Used or occupied by employees of the contracting agency on a regular basis for a significant part of their work.

(2) Subject public building projects are new capital construction projects for which the total contract price is $5,000,000 or more for a single building or a group of buildings on the same site and major renovations for which the total contract price is $5,000,000 or more and at least 50 percent of the insured value of the building.

(3) The amendments to these rules made pursuant to HB 2496 and effective January 1, 2020 apply to procurements that a contracting agency first advertises or otherwise solicits or, if the contracting agency did not advertise or otherwise solicit the procurement, to public contracts into which the contracting agency enters on or after January 1, 2020. Procurement solicitations, procurements or contracts that occur before January 1, 2020 shall be subject to the rules in effect on the date of procurement solicitation or if the contracting agency did not advertise or otherwise solicit the procurement, to public contracts into which the contracting agency enters on the date into which the contract was entered. If an agency will install green energy technology or an eligible alternative under the amendments effective January 1, 2020 in order to meet the 1.5 percent spending obligation for procurements or contracts on or after January 1, 2020, then an agency may also apply that same technology to meet the 1.5 percent obligation for procurements that occurred before January 1, 2020 and are part of the same total contract price. The amendments to these rules effective January 1, 2020 do not nullify or remove any requirement for green energy technology or an alternative that was in effect and applicable before January 1, 2020. For purpose of these rules, “procurement” has the meaning set forth in ORS 279A.010(1)(w).

(4) Public improvement projects that are not buildings are not required to comply with these rules. Projects that are not subject to these rules include, but are not limited to:

(a) Group U occupancies as defined in Section 312 of the 2019 Oregon Structural Specialty Code.

(b) Motor pool lots, parking lots not associated with a building, highways, bridges, sewers, fishponds, fish ways, and similar non-architectural structures.

(c) Buildings that house public industrial processes where only a small portion of the square footage houses employees of the contracting agency, such as: maintenance sheds, and water and waste water facilities including reservoirs, dams, conduit, pipe, pumps, wells, collection basins, pump stations, controls and other buildings primarily used for the purpose of water or waste water treatment.

(5) Airports, as defined in ORS 836.005, are not considered public buildings for the purposes of these rules.

History

Statutory/Other Authority: ORS 469.040, ORS 297C.528 & OL 2019, Ch. 160 (HB 2496)
Statutes/Other Implemented: ORS 297C.528, ORS 279C.527 & OL 2019, Ch. 160 (HB 2496)
DOE 2-2019, amend filed 12/19/2019, effective 01/01/2020
DOE 7-2013, f. & cert. ef. 12-23-13
DOE 15-2012, f. 12-27-12, cert. ef. 1-1-13
DOE 6-2007, f. 12-31-07, cert. ef. 1-2-08

Or. Admin. R. 330-135-0025 Eligible Contract Price

(1) The 1.5 percent to be spent on green energy technology, energy use efficiency, or woody biomass energy technology must be based on the total contract price.

(2) The total contract price must not be reduced by federal, state, or other incentives that may be available for the green energy technology, energy use efficiency, or woody biomass energy technology.

(3) Any constitutionally, statutorily or contractually dedicated government funds for the building that have been determined to be unavailable for the installation of green energy technology, energy use efficiency, or woody biomass energy technology may be excluded when determining eligible costs under this section.

(4) For buildings with a joint public-private ownership, the total contract price must be pro-rated based on the contracting agency's share of the ownership.

(5) For buildings that are being constructed or renovated with private funding but which are intended for ultimate ownership by a contracting agency, the total contract price must include the privately-funded share of the construction contract.

(6) Dividing a single project into multiple smaller projects in order to avoid or reduce the level of compliance with ORS 279C.527 through 279C.528 and Oregon Laws 2019 chapter 160 (HB 2496) and these rules is not permitted.

(7) The total contract price used for the purposes of calculating a contracting agency’s 1.5 percent obligation for expenditure on green energy technology, energy use efficiency, or woody biomass technology shall be the anticipated, budgeted costs for all required elements of the total contract price as best known to the contracting agency during project planning and schematic design phases.

History

Statutory/Other Authority: ORS 469.040, ORS 297C.528 & OL 2019, Ch. 160 (HB 2496)
Statutes/Other Implemented: ORS 297C.528, ORS 279C.527 & OL 2019, Ch. 160 (HB 2496)
DOE 2-2019, amend filed 12/19/2019, effective 01/01/2020
DOE 7-2017, amend filed 12/20/2017, effective 12/20/2017
DOE 7-2013, f. & cert. ef. 12-23-13
DOE 15-2012, f. 12-27-12, cert. ef. 1-1-13
DOE 6-2007, f. 12-31-07, cert. ef. 1-2-08

Or. Admin. R. 330-135-0030 Green Energy Technology Performance Requirements

(1) Solar electric (photovoltaic), solar water heating, solar pool heating, and active solar space heating systems are to be installed in locations that have a total solar resource fraction (TSRF) of 75 percent or greater.

(2) Photovoltaic and geothermal electric systems must be separately metered to record electricity production.

(3) Geothermal systems that directly supply heat to the building system(s), passive solar thermal systems, daylighting systems or any combination thereof must jointly reduce the building’s energy use by 10 percent or more, as demonstrated with whole building energy modeling prepared under the direction of a licensed professional engineer.

(a) For local or special government bodies, the baseline and proposed buildings must be modeled according to the requirements of the 2019 Energy Code.

(b) For state government bodies, the baseline and proposed buildings must be modeled according to the requirements of the Proposed Building as defined in the State Energy Efficient Design (SEED) Guidelines.

(c) The model for the proposed geothermal systems supplying heat to the building system(s), passive solar thermal systems, daylighting systems or any combination thereof must only include differences that are directly attributable to the geothermal heating system, passive solar thermal systems or daylighting systems. Lighting, HVAC and other equipment efficiencies, etc., must be identical between the baseline and proposed models.

(d) The system(s) must be commissioned by a third-party commissioning agent.

(4) Purchase of renewable energy certificates does not constitute compliance with the requirements of ORS 279C.527 through 279C.528 and Oregon Laws 2019, chapter 160 (HB 2496).

History

Statutory/Other Authority: ORS 469.040, ORS 297C.528 & OL 2019, Ch. 160 (HB 2496)
Statutes/Other Implemented: ORS 297C.528, ORS 279C.527 & OL 2019, Ch. 160 (HB 2496)
DOE 2-2019, amend filed 12/19/2019, effective 01/01/2020
DOE 7-2017, amend filed 12/20/2017, effective 12/20/2017
DOE 7-2013, f. & cert. ef. 12-23-13
DOE 15-2012, f. 12-27-12, cert. ef. 1-1-13
DOE 6-2007, f. 12-31-07, cert. ef. 1-2-08

Or. Admin. R. 330-135-0031 Energy Use Efficiency Performance Requirements

(1)(a) A contracting agency may only expend any portion of the amount required under ORS 279C.520(2)(b) on energy use efficiency improvements if the available area-weighted average total solar resource fraction (TSRF) at the site of the public building is 75 percent or less, notwithstanding the conditions presented under subparagraph (b).

(b) If the agency is pursuing active or passive solar as a green energy technology and the following conditions exist, then the contracting agency may determine that green energy technology is appropriate for the public building and expend as much as half of the required 1.5% of total contract price expenditure on energy use efficiency in accordance with ORS 279C.527(4)(a). This is due to the site having both been determined to be appropriate for green energy technology, but also meeting the TSRF criteria for some areas of the site under ORS 279C.527(4)(a)(A) for energy use efficiency to be an eligible alternative.

(i) Sufficient portions of the available roof area and ground area have a TSRF greater than 75 percent such that the contracting agency can meet at least half of their 1.5 percent expenditure obligation on green energy technology; and

(ii) the contracting agency has not yet met and cannot meet their total 1.5 percent of total contract price expenditure obligation using the available area with a TSRF greater than 75 percent; and

(iii) the TSRF of the remaining areas are 75 percent or less; and

(iv) the contracting agency has requested from the department a technical review of its analysis and determination in accordance with OAR 330-135-0052

(2) Energy use efficiency improvements achieved by designing, engineering and constructing, reconstructing or renovating the public building, or by installing devices, technologies, and other measures must reduce or offset the building’s energy use by the following amounts, as demonstrated by either a performance and energy consumption comparison to the measure-specific prescriptive energy code requirement or by whole building energy modeling prepared under the direction of a licensed professional engineer. The contracting agency shall submit documentation, calculations, energy models, or other information to ODOE as requested to document and demonstrate energy use efficiency improvement.

(a) For measure-specific prescriptive comparisons: envelope components, heating equipment, ventilation equipment, air conditioning equipment, domestic hot water equipment, or lighting, performance must be improved beyond the measure-specific prescriptive energy code requirement to reduce annual energy consumption for that equipment or energy end-use by at least 20 percent. Individual components or systems that are improved by this amount meet the performance requirements.

(b) For whole-building performance comparisons:

(i) For local or special government bodies, the proposed public building must reduce or offset the whole-building’s energy consumption by at least 20 percent as compared to the baseline building. The baseline and proposed buildings must be modeled according to the requirements of the energy code.

(ii) For state government bodies, the proposed public building must reduce or offset the whole-building energy consumption by an amount that exceeds the requirements of OAR 330-130 by least 10 percent. The proposed and baseline building must be modeled according to the requirements as defined in the State Energy Efficient Design (SEED) Guidelines.

(3) The system(s) used to achieve energy use efficiency must be commissioned by a third-party commissioning agent.

History

Statutory/Other Authority: ORS 469.040, ORS 297C.528 & OL 2019, Ch. 160 (HB 2496)
Statutes/Other Implemented: ORS 297C.528, ORS 297C.527 & OL 2019, Ch. 160 (HB 2496)
DOE 2-2019, amend filed 12/19/2019, effective 01/01/2020
DOE 7-2017, adopt filed 12/20/2017, effective 12/20/2017

Or. Admin. R. 330-135-0032 Woody Biomass Energy Technology Performance Requirements

(1) The woody biomass energy technology must be used for space or water heating or as a combined heat and power system.

(2) The woody biomass boiler must have a lower heating value combustion efficiency rating of at least 80 percent.

(3) The woody biomass energy technology must be located in an area that complies with DEQ particulate matter air quality standards, or if located in an area that does not comply with DEQ particulate matter air quality standards, must use pelletized woody biomass fuel or produce particulate matter at the same level as a system that uses pelletized woody biomass for fuel.

(4) Woody biomass energy technology located in any area that exceeds the federal particulate matter (PM) standards, or has been designated as not meeting the federal standards at the time DEQ receives a notice to construct application for the woody biomass technology, must use pelletized woody biomass fuel or a fuel that produces particulate matter at the same level as a system that uses pelletized woody biomass for fuel.

History

Statutory/Other Authority: ORS 469.040 & ORS 279C.528
Statutes/Other Implemented: ORS 279C.527 & ORS 279C.528
DOE 2-2019, adopt filed 12/19/2019, effective 01/01/2020

Or. Admin. R. 330-135-0035 Eligible Green Energy Technology Costs

(1) For photovoltaic systems, eligible costs include the photovoltaic modules, racking system, mounting structure and hardware, modifications to the building structure specifically to accommodate the solar energy system, associated electrical equipment, battery storage equipment and technology, metering, labor and system commissioning. Specific elements that do not qualify as eligible costs include, but are not limited to, the following:

(a) Costs for auxiliary distribution systems such as chargers in electric vehicle charging stations.

(b) Costs for reroofing.

(2) For building integrated photovoltaic (BIPV) systems, eligible costs include the difference between the costs for the BIPV components and the costs of the conventional building components that are modified or replaced to accommodate the installation of the BIPV system components.

(3) For solar water heating and solar pool heating systems, eligible costs include the solar collectors, mounting structure and hardware, associated plumbing and controls, metering, labor, and system commissioning. Costs for backup systems that use conventional energy sources do not qualify.

(4) For active solar space heating systems, eligible costs include the solar collectors, mounting structure and hardware, associated plumbing and controls, metering, labor, and system commissioning. Costs for heat distribution systems, such as ductwork or radiant floors, or costs for backup systems that use conventional energy sources, do not qualify.

(5) For passive solar systems and daylighting systems, eligible costs include materials and labor costs that can be directly and exclusively attributed to the passive solar and daylighting system, the cost for modeling the building energy performance, and commissioning.

(a) For passive solar systems eligible costs may include, but not be limited to, added thermal mass, incremental insulation costs above energy code levels, and shading controls.

(b) For daylighting systems, eligible costs may include, but not be limited to, automatic controls, light shelves, overhangs, automated louvers and blinds and related controls, skylights in spaces where automatic controls are present, and the portion of windows higher than 7 feet above the floor. Eligible costs include those associated with daylighting system elements that represent more than the minimum energy code requirement. Costs for energy code-required daylighting system elements are not eligible.

(6) For geothermal electricity generation, eligible costs include the cost of supply and disposal pipelines, turbine generators, controls, transformers, battery storage equipment and technology, metering, labor, and balance of plant.

(7) For geothermal energy use in building systems, eligible costs include the cost of supply and disposal pipelines, pumps, heat exchangers, controls, the cost for modeling the building energy performance, metering, and labor.

(8) Costs for permanent educational displays located in or on the building that explain the green energy technology incorporated in the project are allowed.

History

Statutory/Other Authority: ORS 469.040, ORS 297C.528 & OL 2019, Ch. 160 (HB 2496)
Statutes/Other Implemented: ORS 297C.528, ORS 279C.527 & OL 2019, Ch. 160 (HB 2496)
DOE 2-2019, amend filed 12/19/2019, effective 01/01/2020
DOE 7-2017, amend filed 12/20/2017, effective 12/20/2017
DOE 7-2013, f. & cert. ef. 12-23-13
DOE 15-2012, f. 12-27-12, cert. ef. 1-1-13
DOE 6-2007, f. 12-31-07, cert. ef. 1-2-08

Or. Admin. R. 330-135-0036 Eligible Energy Use Efficiency Costs

For energy use efficiency improvements, eligible costs include only those incremental costs that are directly associated with achievement of the energy use efficiency performance requirements in section 330-135-0031. Only the additional costs of energy use efficiency improvements compared to the cost of baseline equipment or baseline building performance shall be eligible. The contracting agency shall determine the appropriate incremental costs and submit information to ODOE as requested to document and demonstrate the incremental cost. Eligible costs may include but are not limited to the incremental costs of equipment such as light fixtures, heating, ventilating, and air conditioning equipment, envelope materials and assemblies, controls systems, connected building management systems, labor, and system commissioning. Any incentives received for energy use efficiency improvements do not reduce or impact the amount of expenditure on energy use efficiency for the purposes of determining compliance with the requirements or ORS 279C.527, 279C.528, and these rules.

History

Statutory/Other Authority: ORS 469.040, ORS 297C.528 & OL 2019, Ch. 160 (HB 2496)
Statutes/Other Implemented: ORS 297C.528, ORS 297C.527 & OL 2019, Ch. 160 (HB 2496)
DOE 2-2019, amend filed 12/19/2019, effective 01/01/2020
DOE 7-2017, adopt filed 12/20/2017, effective 12/20/2017

Or. Admin. R. 330-135-0037 Eligible Woody Biomass Energy Technology Costs

(1) For space or water heating, eligible costs include the cost of the boiler, associated piping, boiler controls, fuel storage bins, fuel delivery system from the storage tank, piping, heat exchangers, de-ashing equipment, pumps, metering, controls, labor, and commissioning. Costs for heat distribution systems, such as ductwork or radiant floors, or costs for backup systems that use conventional energy sources, do not qualify.

(2) For combined heat and power systems, eligible costs include the costs listed in (1) above and costs for power generation equipment.

History

Statutory/Other Authority: ORS 469.040 & ORS 279C.528
Statutes/Other Implemented: ORS 279C.527 & ORS 279C.528
DOE 2-2019, adopt filed 12/19/2019, effective 01/01/2020

Or. Admin. R. 330-135-0040 Alternative Financing

(1) Alternative financing arrangements to allow leveraging of federal, state, utility and other incentives, including but not limited to, lease-purchase agreements, power purchase agreements or energy savings performance contracts qualify under this program if the contracting agency documents that the costs of the green energy system meets or exceeds 1.5 percent of the total contract price.

(2) The minimum term of the agreement between the owner of the green energy system and the contracting agency must be at least ten years, unless ownership of the green energy system reverts to the contracting agency before that time.

(3) The agreement between the owner of the green energy system and the contracting agency must be exclusive to the green energy system required under the provisions of ORS 279C.527 through 279C.528 and Oregon Laws 2019, chapter 160. It may not include terms relating to operation and maintenance or capital equipment purchase of any other equipment or services. For power purchase agreements and energy savings performance contracts, the output of the green energy system must be separately metered.

History

Statutory/Other Authority: ORS 469.040 & ORS 297C.528
Statutes/Other Implemented: ORS 297C.528, ORS 279C.527 & OL 2019, Ch. 160 (HB 2496)
DOE 2-2019, amend filed 12/19/2019, effective 01/01/2020
DOE 7-2013, f. & cert. ef. 12-23-13
DOE 15-2012, f. 12-27-12, cert. ef. 1-1-13
DOE 6-2007, f. 12-31-07, cert. ef. 1-2-08

Or. Admin. R. 330-135-0045 Determination Whether Green Energy Technology is Appropriate

(1) The contracting agency must make a written determination whether constructing green energy technology is appropriate or whether energy use efficiency or woody biomass energy technology at the site of the public building is suitable as an addition or alternative to green energy technology. In making its determination, the contracting agency may consider factors including but not limited to:

(a) Whether there is opportunity to use photovoltaic or geothermal electric, solar thermal, passive solar heating systems or the direct use of geothermal energy in building systems;

(b) Whether green energy technology can be installed in a manner that meets the minimum performance requirements of OAR 330-135-0030, energy use efficiency measures can be installed in a manner that meets the minimum performance requirements of OAR 330-135-0031 or woody biomass energy technology can be installed in a manner that meets the minimum performance requirements of OAR 330-135-0032;

(c) Whether the building is listed or eligible for listing on the National Register of Historic Places and the installation of green energy technology, energy use efficiency measures, or woody biomass energy technology would be disruptive to the historic character of the building;

(d) Whether the installation of green energy technology, energy use efficiency measures, or woody biomass energy technology would create security risks for staff or inhabitants of the building.

(2)(a) The contracting agency must also determine whether constructing green energy technology, energy use efficiency, or woody biomass energy technology away from the site is appropriate if the contracting agency:

(A) Determines that constructing green energy technology, energy use efficiency, or woody biomass energy technology at the public building site is not appropriate; or

(B) Prefers to construct the green energy technology, energy use efficiency, or woody biomass energy technology away from the public building site instead of at the public building site.

(b) In making its determination, the contracting agency must consider whether green energy technology, energy use efficiency, or woody biomass energy technology installed away from the public building site meets the factors listed in subsection (1) of this section, the performance requirements for each technology or alternative as specified in these rules, and the requirements of ORS 279C.527(3)(a) and (b), as amended by Oregon Laws 2019 chapter 160 (HB 2496).

(3) In making a written determination as to whether green energy technology is appropriate, the contracting agency is required to perform an analysis of the total solar resource fraction (TSRF) available for use at the site in accordance with ORS 279C.527(5)(B). The TSRF analysis must be performed separately for each roof and ground plane that is available for installation of green energy technology that is greater than 3000 square feet for the purposes of determining solar feasibility and green energy technology appropriateness. The TSRF analysis for each plane should consider the average TSRF across that plane. Where a public building has multiple available planes available for potential installation of green energy technology, an area-weighted average TSRF for the site should be calculated and reported to ODOE using Formula 1 (see attachment).

(4) The contracting agency must report its determination to the department in accordance with the reporting requirements in OAR 330-135-0055.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 469.040, ORS 279C.528 & OL 2019, Ch. 160 (HB 2496)
Statutes/Other Implemented: ORS 279C.527, ORS 279C.528 & OL 2019, Ch. 160 (HB 2496)
DOE 2-2019, amend filed 12/19/2019, effective 01/01/2020
DOE 7-2017, amend filed 12/20/2017, effective 12/20/2017
DOE 7-2013, f. & cert. ef. 12-23-13
DOE 15-2012, f. 12-27-12, cert. ef. 1-1-13
DOE 6-2007, f. 12-31-07, cert. ef. 1-2-08

Or. Admin. R. 330-135-0050 Requirements for Construction that is Away from the Site of the Public Building

(1) If a contracting agency intends to install green energy technology, energy use efficiency or woody biomass energy technology away from the site of the public building, the contracting agency must:

(a) Request from the department, in accordance with OAR 330-135-0052, a technical review of its determination that an away-from-the-site installation is appropriate.

(b) Comply with the requirements of ORS 279C.527(3)(a) and (b), as amended by Oregon Laws 2019 chapter 160 (HB 2496).

(2) Installation of green energy technology, energy use efficiency, or woody biomass energy technology away from the site of the public building must meet the same performance requirement as on-site installation as specified in OAR 330-135-0030, OAR 330-135-0031, and OAR 330-135-0032. Installation of energy use efficiency improvements away from the site of the public building shall represent additional, new performance improvements that have not already been funded.

(3) Consolidation of green energy technology of one or more public buildings that are part of the same project into one public building and in compliance with ORS 279C(7) as amended by Oregon Laws 2019 chapter 160 (HB 2496) is not considered to be construction away from the site of the public building for the purposes of requiring a technical review by the department under this section.

History

Statutory/Other Authority: ORS 469.040, ORS 297C.528 & OL 2019, Ch. 160 (HB 2496)
Statutes/Other Implemented: ORS 297C.528, ORS 279C.527 & OL 2019, Ch. 160 (HB 2496)
DOE 2-2019, amend filed 12/19/2019, effective 01/01/2020
DOE 7-2017, amend filed 12/20/2017, effective 12/20/2017
DOE 7-2013, f. & cert. ef. 12-23-13
DOE 15-2012, f. 12-27-12, cert. ef. 1-1-13
DOE 6-2007, f. 12-31-07, cert. ef. 1-2-08

Or. Admin. R. 330-135-0051 Requirements for Deferral of Expenditures

(1) If a contracting agency determines, in accordance with OAR 330-135-0045, that it is not appropriate to install green energy technology, energy use efficiency, or woody biomass energy technology at the public building site or green energy technology, energy use efficiency, or woody biomass energy technology away from the public building site, the contracting agency must:

(a) Defer the expenditure of 1.5 percent of the total contract price of the current public building project to a future public building project for which green energy technology or an eligible alternative is appropriate;

(b) Request from the department a technical review of its determination in accordance with OAR 330-135-0052; and

(c) Report, in accordance with OAR 330-135-0055, information about the deferred expenditure and the future project to which the deferred expenditure will be applied, if known.

(2) If the contracting agency defers the expenditure, the amount spent on green energy technology, energy use efficiency, or woody biomass energy technology in the next building project must include the deferred expenditure from the current building project plus the 1.5 percent of total contract price for including green energy technology, energy use efficiency, or woody biomass energy technology in the future building project, if required.

(3) Any amount spent on green energy technology, energy use efficiency or woody biomass energy technology in excess of 1.5 percent of the total contract price may not be credited to other current or future projects.

(4) Public improvement contracts for which state funds are not directly or indirectly used are not required to defer funds, however the contracting agency must comply with (1)(b) of this section.

History

Statutory/Other Authority: ORS 469.040, ORS 279C.528 & OL 2019, Ch. 160 (HB 2496)
Statutes/Other Implemented: ORS 279C.527, ORS 279C.528 & OL 2019, Ch. 160 (HB 2496)
DOE 2-2019, adopt filed 12/19/2019, effective 01/01/2020

Or. Admin. R. 330-135-0052 Requirements for Technical Review

(1) The director will appoint a permanent technical panel with members serving terms of up to three years. The technical panel will include, but not be limited to, the following membership:

(a) A chair from the Oregon Department of Energy;

(b) A representative from a public body;

(d) A representative from woody biomass energy technology industry; and

(e) An engineer or architect.

(2) A contracting agency that intends to construct green energy technology, energy use efficiency, or woody biomass energy technology away from the public building site must submit to the department a request for technical review of its determination that green energy technology, energy use efficiency, or woody biomass energy technology constructed away from the site is appropriate and meets the requirements of ORS 279C.527(3)(a) and (b) as amended by Oregon Laws 2019 chapter 160 (HB 2496). The contracting agency must provide supporting documentation for review.

(3) A contracting agency that intends to construct a combination of green energy technology and energy use efficiency, in accordance with OAR 330-135-0031(1)(b) must submit to the department a request for technical review of its determination that this is appropriate and meets the requirements of these rules. The contracting agency must provide supporting documentation for review.

(4) A contracting agency that intends to defer expenditure of 1.5 percent of the total contract price to a future building project must submit to the department a request for technical review of its determination that green energy technology, energy use efficiency, or woody biomass energy technology is not appropriate at the public building site or that green energy technology, energy use efficiency, or woody biomass energy technology is not appropriate away from the public building site. The contracting agency must provide supporting documentation for review.

(5) Within two weeks of receiving the contracting agency’s request for technical review and supporting documentation, the department will forward the request along with the supporting documentation to the technical review panel. The department will request supplemental information from the contracting agency if needed by the technical review panel to make its recommendation.

(6) Within 60 days of receiving the department’s request for technical review, the technical review panel will provide its recommendation to the department, and the department will convey the recommendation to the contracting agency.

(7) After receiving the technical review panel’s recommendation, the contracting agency must make a final determination about whether installing green energy technology, energy use efficiency, or woody biomass energy technology is appropriate at the public building site or that green energy technology, energy use efficiency, or woody biomass energy technology is appropriate away from the public building site. The contracting agency must enter its final determination and the technical panel’s recommendation into the ODOE 1.5 Percent for Green Energy Technology database described in OAR 330-135-0055.

History

Statutory/Other Authority: ORS 469.040, ORS 279C.528 & OL 2019, Ch. 160 (HB 2496)
Statutes/Other Implemented: ORS 279C.528, ORS 279C.527 & OL 2019, Ch. 160 (HB 2496)
DOE 2-2019, amend filed 12/19/2019, effective 01/01/2020
DOE 7-2017, amend filed 12/20/2017, effective 12/20/2017
Renumbered from 330-135-0048, DOE 7-2013, f. & cert. ef. 12-23-13
DOE 15-2012, f. 12-27-12, cert. ef. 1-1-13

Or. Admin. R. 330-135-0055 Requirement to Report on Green Energy Technology

(1) A contracting agency must make a written determination by entering information about its public building project into the ODOE 1.5 Percent for Green Energy Technology database after it makes its final determination before the construction/renovation of the building(s) commences.

(2) The contracting agency will enter the information into the ODOE 1.5 Percent for Green Energy Technology database using an online form provided by the department and accessible from the department website.

(3) Information entered in the ODOE 1.5 Percent for Green Energy Technology database must include, but not be limited to:

(a) Project name;

(b) Address of public building;

(d) Contact information for reporting person;

(e) Utility companies serving the building;

(f) Date the contracting agency first advertised or otherwise solicited a contract for the construction, reconstruction or major renovation of the public building;

(g) Total contract price;

(h) Total insured building value (renovation projects);

(i) Whether the project includes previously deferred funds, the name of the previous project(s), the amount of the deferred funds, and the aggregate amount of funds to be spent on the current project;

(j) Projected start of construction and occupation date of building;

(k) Description of the proposed green energy technology or woody biomass energy technology;

(l) Location details of the green energy technology installation or woody biomass energy technology;

(m) Disclosure of non-public funds used in financing the green energy technology or woody biomass energy technology;

(n) Estimated annual energy production or savings of the green energy system or woody biomass energy system;

(o) For woody biomass projects, the projected cost of fuel on a per dry ton basis, including delivery costs;

(p) Contracting agency determination of whether green energy technology or woody biomass energy technology is appropriate at the public building site or away from the public building site, or contracting agency decision to defer the expenditure;

(q) Technical review panel recommendation;

(r) Future project to which funds will be deferred and projected start of construction of the future building, if applicable and future project is known;

(s) The aggregate amount of funds the contracting agency has deferred but not yet used for green energy technology or woody biomass energy technology in another project;

(t) Cost-effectiveness comparison between green energy technology or woody biomass energy technology away-from-the-site of the public building compared to green energy technology or woody biomass energy technology at the site of public building under construction or renovation, if applicable;

(u) Evidence of additional new renewable energy generation from green energy technology or woody biomass energy technology installed at the away-from-the-site location, if applicable;

(v) Information regarding consolidation of simultaneous projects, if applicable;

(v) The results of an analysis of the area-weighted average total solar resource fraction available for use at the site; and

(w) Specifications and details regarding the energy use efficiency improvements, including energy model file and results as requested by the department, if applicable.

History

Statutory/Other Authority: ORS 469.040, ORS 297C.528 & OL 2019, Ch. 160 (HB 2496)
Statutes/Other Implemented: ORS 297C.528, ORS 279C.527 & OL 2019, Ch. 160 (HB 2496)
DOE 2-2019, amend filed 12/19/2019, effective 01/01/2020
DOE 7-2017, amend filed 12/20/2017, effective 12/20/2017
DOE 8-2015, f. 12-23-15, cert. ef. 1-1-16
DOE 7-2013, f. & cert. ef. 12-23-13
DOE 15-2012, f. 12-27-12, cert. ef. 1-1-13
DOE 6-2007, f. 12-31-07, cert. ef. 1-2-08

Or. Admin. R. 330-135-0060 Outreach to Public Bodies

The department will conduct outreach to public bodies at least once per year to help inform them of the requirement in ORS 279C.527 through 279C.528 and Oregon Laws 2019 chapter 160 (HB 2496) to spend at least 1.5 percent of the total contract price for eligible public buildings on green energy technology or on an eligible alternative to green energy technology.

History

Statutory/Other Authority: ORS 469.040 & ORS 297C.528
Statutes/Other Implemented: ORS 297C.528, ORS 279C.527 & OL 2019, Ch. 160 (HB 2496)
DOE 2-2019, amend filed 12/19/2019, effective 01/01/2020
DOE 7-2017, amend filed 12/20/2017, effective 12/20/2017
DOE 7-2013, f. & cert. ef. 12-23-13

Division 140 SELF DIRECTION OF PUBLIC PURPOSES CHARGES BY LARGE RETAIL ELECTRICITY CONSUMERS

Or. Admin. R. 330-140-0010 Scope and Applicability of These Rules

(1) The rules contained in this division include the criteria and procedures by which a large retail electricity consumer with a site located within the State of Oregon, using more than one average megawatt the prior year (8,760,000 kilowatt hours/year), may become a self-directing consumer of:

(a) up to 75 percent of the renewable energy resources portion of its public purpose charges as allocated under ORS 757.612(3)(b)(B), or

(b) up to 100 percent of the amount charged in rates to plan for and pursue cost-effective energy efficiency resources pursuant to ORS 757.054(4), subject to the limits under Oregon Laws 2021, chapter 547, section 2, subsection (5)(a).

(2) The rules contained in this division apply to large retail electricity consumers of electric companies and electricity service suppliers, except that these rules do not apply to retail electricity consumers of an electric company serving less than 25,000 consumers in this state unless the electric company offers direct access to any of its large retail electricity consumers in this state or offers to sell electricity services available under direct access to more than one large retail electricity consumer of another electric utility.

(3) The rules contained in this division relating to the self-direction of public purpose charges apply to large retail electricity consumers of consumer-owned utilities and electricity service suppliers, once the consumer-owned utility governing board has elected to allow open access to a class of customers for which that electricity consumer is a member. These rules only apply to the first 1.5 percent of public purpose charges imposed upon retail electricity consumers by a consumer-owned utility.

(4) Large retail electricity consumers eligible to become self-directing consumers shall not claim a credit against public purpose charges owed for new renewable energy resource or distribution system-connected technology purchases, nor shall those customers claim a credit for purchases of cost-effective energy efficiency resources against the amount charged in rates pursuant to ORS 757.054(4), until they are issued certificates for qualifying expenditures under these rules.

(5) All information submitted to or collected by the Oregon Department of Energy or its agent under these rules shall be protected as business trade secrets to the extent permitted under the Public Records Act.

History

Statutory/Other Authority: ORS 469.040, ORS 756.040, ORS 757.600 - 757.687, Oregon Laws 2021, chapter 547 (House Bill 3141) & ORS 757.054
Statutes/Other Implemented: ORS 756.040, ORS 757.600 - 757.687, Oregon Laws 2021, chapter 547 (House Bill 3141) & ORS 757.054
DOE 3-2021, amend filed 12/13/2021, effective 01/01/2022
DOE 1-2019, amend filed 01/11/2019, effective 07/01/2019
DOE 6-2004, f. 10-14-04, cert. ef. 12-1-04
DOE 3-2001, f. 10-25-01, cert. ef. 10-29-01

Or. Admin. R. 330-140-0020 Definitions as Used in This Division

(1) "Above-market costs of new renewable energy resources" means the portion of the net present value cost of producing power (including fixed and operating costs, delivery, overhead and profit) from a new renewable energy resource that exceeds the market value of an equivalent quantity and distribution (across peak and off-peak periods and seasonality) of power from a nondifferentiated source with the same term of contract.

(2) "Attest" means attestation services as defined in ORS 673.010(1).

(3) "Certification of Qualifying Expenditure for Cost-effective Energy Efficiency Resources" means written notification from the Oregon Department of Energy to a large electricity consumer that certifies the cost of an installed energy efficiency project is eligible under these rules to be claimed as a credit against the amount charged in rates pursuant to ORS 757.054(4) that is owed by the large electricity consumer

(4) "Certification of Qualifying Expenditure for New Energy Conservation" means written notification from the Oregon Department of Energy to a large electricity consumer that certifies the cost of an installed energy conservation project that was pre-certified prior to January 1, 2022, is eligible to be claimed as a credit against the amount charged in rates pursuant to ORS 757.054(4) owed by the large electricity consumer under these rules.

(5) “Certification of Qualifying Expenditure for Investments in Distribution System-Connected Technologies” means a written notification from the Oregon Department of Energy to a large electricity consumer that certifies the cost of an installed distribution system-connected technologies project is eligible under these rules to be claimed as a credit against public purpose charges owed by the large electricity consumer.

(6) "Certification of Qualifying Expenditure for New Renewable Energy Resources" means written notification from the Oregon Department of Energy to a large electricity consumer that certifies the contracted cost of new renewable energy resource purchases is eligible under these rules to be claimed as a credit against public purpose charges owed by the large electricity consumer.

(7) "Commission" means the Public Utility Commission of Oregon.

(8) "Consumer-owned utility" means a municipal electric utility, a people's utility district or an electric cooperative.

(9) “Cost-effective energy efficiency” means all available energy efficiency resources that are cost effective, reliable, and feasible.

(10) "Direct access" means the ability of a retail electricity consumer to purchase electricity and certain ancillary services, as determined by the Commission for an electric company or the governing body of a consumer-owned utility, directly from an entity other than the distribution utility.

(11) "Direct service industrial consumer" means an end-user of electricity that obtains electricity directly from the transmission grid and not through a distribution utility.

(12) "Distribution" means the delivery of electricity to retail electricity consumers through a distribution system consisting of local area power poles, transformers, conductors, meters, substations and other equipment.

(13) “Distribution system-connected technologies” means one of the following two technologies, connected to the distribution grid at the large electricity consumer’s site, and installed for use by the large electricity consumer:

(a) a “smart inverter” that is part of a solar generation system and is capable of providing grid support; or

(b) a battery energy storage system with a smart inverter and/or integrated controls capable of providing grid support, installed as either stand-alone storage or storage paired with a renewable energy system, and charged by either on-site renewable energy or the electric grid.

(14) “Distribution system-connected technologies project cost” means the costs of necessary features of a distribution system-connected technologies project that include but are not limited to capital costs, administrative costs, general expenses, design and engineering, shipping, materials, permits, installation, performance evaluation, and equipment operations training.

(15) "Distribution utility" means an electric utility that owns and operates a distribution system connecting the transmission grid to the retail electricity consumer.

(16) "Electric cooperative" means an electric cooperative corporation organized under ORS Chapter 62 or under the laws of another state if the service territory of the electric cooperative includes a portion of this state.

(17) "Electric utility" means an electric company or consumer-owned utility that is engaged in the business of distributing electricity to retail electricity consumers in this state.

(18) "Electricity" means electric energy measured in kilowatt-hours, or electric capacity measured in kilowatts, or both.

(19) "Electricity services" means electricity distribution, transmission, generation or generation-related services.

(20) "Electricity service supplier" or "ESS" means a person or entity that offers to sell electricity services available pursuant to direct access to more than one retail electricity consumer. "Electricity service supplier" does not include an electric utility selling electricity to retail electricity consumers in its own service territory. An ESS can also be an aggregator.

(21) "Cost-Effective energy efficiency Project" means a capital investment in equipment that reduces the electric energy use or improves electric energy efficiency at a large electricity consumer's site or system at that site which has a simple payback of greater than one year and less than ten years. The simple payback shall be determined by using the eligible capital cost of the project divided by the first-year electric energy cost savings.

(22) "Cost-Effective energy efficiency project cost" means the costs of necessary features of a cost-effective energy efficiency project that include but are not limited to capital costs, administrative costs, general expenses, facility energy audits resulting in capital investment in an energy conservation project, design and engineering, shipping, materials, permits, installation, performance evaluation, and equipment operations training. The cost of a new cost-effective energy efficiency project may include large electricity consumer's cost of an energy analysis or study conducted by any public or private party, and any administrative costs paid.

(23) "Green Tags" refers to renewable energy certificates or RECs.

(24) "Independent certified public accountant" means a certified public accountant recognized by the State of Oregon and independent as defined by the ethics rules implemented under ORS 673.010–673.480.

(25) "Large electricity consumer" means a nonresidential consumer that is a retail electricity consumer that has used more than one average megawatt of electricity (8,760,000 kWh/year) at any one site in the prior year.

(26) "Municipal electric utility" means an electric distribution utility owned and operated by or on behalf of a city.

(27) "New renewable energy resource" means a renewable energy resource project or a new addition to an existing renewable energy resource project, or the electricity produced by the project, that was not in operation on or before January 1, 2000. "New renewable energy resource" does not include any portion of a renewable energy resource project under contract to the Bonneville Power Administration on or before January 1, 2000.

(28) "Nonresidential consumer" means a retail electricity consumer that is not a residential consumer.

(29) "Oregon Department of Energy" means the Oregon Department of Energy, an agency of the State of Oregon, created under Oregon Revised Statute (ORS) 469.030.

(30) "One average megawatt" means 8,760,000 kilowatt-hours of electricity per year.

(31) "People's utility district" has the meaning given that term in ORS 261.010.

(32) "Pre-certification of cost-effective energy efficiency projects" means written notification from the Oregon Department of Energy to a large electricity consumer that certifies that a proposed cost-effective energy efficiency project will be eligible for a certificate of qualified expenditure if it is installed as described in the large electricity consumer's application for pre-certification.

(33) “Pre-certification of new investments in distribution system-connected technologies” means written notification from the Oregon Department of Energy to a large electricity consumer certifying that a proposed investment in distribution system-connected technologies will be eligible for a certificate of qualifying expenditure, if installed as described in the large electricity consumer’s application for pre-certification.

(34) "Pre-certification of new renewable energy resource purchases" means written notification from the Oregon Department of Energy to a large electricity consumer that certifies that a proposed renewable energy resource purchase will be eligible for a certificate of qualified expenditure, if contracts of commitment to purchase are established as described in the large electricity consumer's application for pre-certification.

(35) "Public purpose charge" is an amount equal to three percent of the total revenues billed to large consumers for electricity services, distribution, ancillary services, metering, billing, transition charges and other types of costs that were included in electric rates on or after March 1, 2002 and before January 1, 2022 by electric utilities offering direct access to their large electricity consumers. On or after January 1, 2022 the public purpose charge is an amount equal to one-and-a-half percent of the total revenues billed to large electricity consumers for the same services and costs that are included in electric rates as listed in this section.

(36) "Qualifying expenditures" means those expenditures for cost-effective energy efficiency measures or projects that have a simple payback period of not less than one year and not more than 10 years; investments in distribution system-connected technologies; and expenditures for the above-market costs of new renewable energy resources or renewable energy certificates, also referred to as "Green Tags."

(37) A Renewable Energy Certificate, also referred to as a REC or "Green Tag," represents one megawatt hour (MWh) of renewable energy generation delivered to the grid. RECs represent the environmental, economic and social attributes of the power produced from renewable energy projects and may be traded independently of transactions for the associated electricity.

(38) "Renewable energy resources" means:

(a) Electricity-generation facilities fueled by wind, waste, solar or geothermal power or by low-emission nontoxic biomass based on solid organic fuels from wood, forest and field residues;

(b) Dedicated energy crops available on a renewable basis;

(d) Hydroelectric facilities located outside protected areas as defined by federal law in effect on July 23, 1999.

(39) "Retail electricity consumer" means the end user of electricity for specific purposes such as heating, lighting or operating equipment and includes all end users of electricity served through the distribution system of an electric utility on or after January 1, 2000, whether or not each end user purchases the electricity from the electric utility. Retail electricity consumers include any direct service industrial consumer that purchases electricity without distribution services from the electric utility.

(40) "Self-directing consumer" means a large electricity consumer having a positive balance of credits for:

(a) qualifying expenditures for new renewable energy resources, renewable energy certificates or "Green Tags," or investments in distribution system-connected technologies, as compared to the amount of public purpose charges owed; or

(b) qualifying expenditures for new cost-effective energy efficiency resources or for qualifying expenditures for energy conservation pre-certified before January 1, 2022 and carried forward, as compared to the amounts charged in rates pursuant to ORS 757.054(4).

(41) "Site" means:

(a) Buildings and related structures that are interconnected by facilities owned by a single retail electricity consumer and that are served through a single electric meter; or

(b) a single contiguous area of land containing buildings or other structures that are separated by not more than 1,000 feet, such that:

(A) Each building or structure included in the site is no more than 1,000 feet from at least one other building or structure in the site;

(B) Each building or structure included in the site, and land containing and connecting buildings and structures in the site, are owned by a single retail electricity consumer who is billed for electricity use at the buildings or structures; and

(C) Land shall be considered contiguous even if there is an intervening public or railroad right of way, provided that rights of way land on which municipal infrastructure facilities exist (such as street lighting, sewerage transmission, and roadway controls) shall not be considered contiguous.

(42) "Statement of Eligibility" means a written declaration by an authorized officer of a large electricity consumer's firm that it meets the definition of a large electricity consumer under these rules and that it intends to comply with the requirements contained in these rules for self-direction and reporting of public purpose charges and amounts charged in rates pursuant to ORS 757.054(4) for a given site.

(43) "System" means any individual process or series of equipment contributing to energy end use in a large electricity consumer's site. A system may include heating, ventilating and air conditioning, domestic hot water, lighting, or a specific industrial process such as air compression, refrigeration, shredding, forging, or other such specific process described by the large electricity consumer.

History

Statutory/Other Authority: ORS 469.040, ORS 469.165, ORS 756.040, ORS 757.600 - 757.687, ORS 757.054 & Oregon Laws 2021, chapter 547 (House Bill 3141)
Statutes/Other Implemented: ORS 757.600 - 757.687, ORS 757.054 & Oregon Laws 2021, chapter 547 (House Bill 3141)
DOE 3-2021, amend filed 12/13/2021, effective 01/01/2022
DOE 1-2019, amend filed 01/11/2019, effective 07/01/2019
DOE 7-2015, f. & cert. ef. 12-23-15
DOE 6-2004, f. 10-14-04, cert. ef. 12-1-04
DOE 3-2001, f. 10-25-01, cert. ef. 10-29-01

Or. Admin. R. 330-140-0030 Eligibility as a Self-Directing Consumer

(1) Large electricity consumers may apply in writing to the Oregon Department of Energy to qualify to self-direct either a portion of their public purpose charges and/or a portion of the amount the consumer is charged in rates pursuant to ORS 757.054(4) to fund cost-effective energy efficiency resources. A single application may be used to qualify a retail electricity consumer to self-direct both, or either, public purpose charges and amounts charged in rates pursuant to ORS 757.054(4).

(2) The request for eligibility as a self-directing consumer shall include a statement that electric energy consumption at the site is over one average megawatt for the year preceding the date of request for eligibility. The consumer shall attach to the request supporting documentation in the form of a spreadsheet or equivalent from the utility showing the monthly electricity usage from the prior year in kWh, for all meters associated with that site, that sums to the prior year usage amount as reported in the form described in section (3).

(3) The written request for eligibility as a self-directing consumer shall be on a form provided by Oregon Department of Energy and include but not be limited to the following: name of the Oregon business or organization as a customer of record for the customer’s electric utility; description of the site; site street and mailing addresses; business or organization contact; beginning and end dates of year for which electric energy consumption qualifies the business or organization; electric energy consumption at the site for the given prior year; name of the electric distribution utility; name of electricity service supplier(s); account numbers at the site for the electric distribution utility and each energy service supplier; and electric meter numbers at the site. The written application for eligibility to self-direct public purpose charges or amounts charged in rates pursuant to ORS 757.054(4) and statement of eligibility shall be signed and dated by a representative of the business or organization authorized by the highest-ranking officer of the business or organization.

(4) Large electricity consumers requesting eligibility from the Oregon Department of Energy under this rule shall retain evidence of energy consumption from their energy service suppliers and distribution utility used to qualify for self-direction.

(5) Large electricity consumers that receive Oregon Department of Energy approval of the request for eligibility for self-direction for a specific site may submit applications for pre-certification of cost-effective energy efficiency projects, investments in distribution system-connected technologies, and new renewable energy resource purchases for that site and certification of qualified expenditure for renewable energy certificates or Green Tags.

(6) The Oregon Department of Energy may request documentation to determine the validity or accuracy of any request for eligibility to self-direct public purpose charges or amounts charged in rates pursuant to ORS 757.054(4).

(7) The Oregon Department of Energy shall notify the large electricity consumer's electric distribution utility in writing that the large electricity consumer is recognized as eligible for self-direction within 30 days of approval by the Oregon Department of Energy.

History

Statutory/Other Authority: ORS 469.040, ORS 756.040, ORS 757.600 - 757.687 & Oregon Laws 2021, chapter 547 (House Bill 3141)
Statutes/Other Implemented: ORS 756.040, ORS 757.600 - 757.687, ORS 756.054 & Oregon Laws 2021, chapter 547 (House Bill 3141)
DOE 3-2021, amend filed 12/13/2021, effective 01/01/2022
DOE 1-2019, amend filed 01/11/2019, effective 07/01/2019
DOE 6-2004, f. 10-14-04, cert. ef. 12-1-04
DOE 3-2001, f. 10-25-01, cert. ef. 10-29-01

Or. Admin. R. 330-140-0040 Pre-certification of New Cost-effective Energy Efficiency Projects

(1) Only a large electricity consumer approved as an eligible self-direct program participant by the Oregon Department of Energy is eligible to submit an application for pre-certification of a cost-effective energy efficiency project.

(2) Large electricity consumers shall apply directly to the Oregon Department of Energy for pre-certification of new cost-effective energy efficiency project investments that have a simple payback of greater than one year and less than ten years on a form supplied by the Oregon Department of Energy.

(a) Information submitted on the form shall include but not be limited to: the name of the large electricity consumer; a description of the site; a description of the cost-effective energy efficiency project; detail of the costs of the cost-effective energy efficiency project; estimated electricity savings from the project; and calculations that support or demonstrate the electricity savings and simple payback of the project.

(b) On the application, the applicant shall: answer a "Yes/No" question whether the site’s prior year electricity usage is greater than one average megawatt; include site electric usage in kWh from the prior year; and attach supporting documentation in the form of a spreadsheet or equivalent from the utility showing the monthly usage amounts, for all meters associated with that site, that sum to the prior year usage. Sites that do not have greater than one average megawatt prior year usage are not eligible to self-direct the amount charged in rates pursuant to ORS 757.054(4).

(3) The Oregon Department of Energy shall determine the eligible costs for the cost-effective energy efficiency project.

(4) Pre-certification of the cost eligible for credit and a description of the cost-effective energy efficiency project shall be approved or denied in writing by the Oregon Department of Energy within 30 days of the receipt of a complete application.

History

Statutory/Other Authority: ORS 469.040, ORS 756.040, ORS 757.600 - 757.687, ORS 757.054 & Oregon Laws 2021, chapter 547 (House Bill 3141)
Statutes/Other Implemented: ORS 756.040, ORS 757.600 - 757.687, ORS 757.054 & Oregon Laws 2021, chapter 547 (House Bill 3141)
DOE 3-2021, amend filed 12/13/2021, effective 01/01/2022
DOE 1-2019, amend filed 01/11/2019, effective 07/01/2019
DOE 6-2004, f. 10-14-04, cert. ef. 12-1-04
DOE 3-2001, f. 10-25-01, cert. ef. 10-29-01

Or. Admin. R. 330-140-0050 Pre-certification of New Renewable Resource Purchase

(2) Large electricity consumers shall apply directly to the Oregon Department of Energy for pre-certification of new renewable energy resource purchases on a form supplied by the Oregon Department of Energy.

(a) Information submitted on the form shall include but not be limited to: the name of the electricity consumer; a description of the site; a description of the new renewable energy resource to be purchased; the electricity consumer’s market price for electricity from conventional sources; costs of the new renewable energy resource; estimated electricity to be purchased from the new renewable energy resource; length of time of a proposed purchase agreement; method of certifying that the renewable energy resource purchased has not been duplicatively sold to other parties either in whole or part; and, any contract terms that would otherwise affect the cost or amount of new renewable energy resource purchased.

(3) The Oregon Department of Energy shall determine if the above-market cost of the proposed purchase of renewable energy resources, described in the application, are to be pre-certified as eligible self-direction costs.

(4) Pre-certification of the cost eligible for a credit and a description of the new renewable energy resource purchase shall be approved or denied in writing by the Oregon Department of Energy within 30 days of the receipt of a complete application.

History

Statutory/Other Authority: ORS 469.040, ORS 756.040, ORS 757.600 - 757.687, ORS 757.054 & Oregon Laws 2021, chapter 547 (House Bill 3141)
Statutes/Other Implemented: ORS 756.040, ORS 757.600 - 757.687, ORS 757.054 & Oregon Laws 2021, chapter 547 (House Bill 3141)
DOE 3-2021, amend filed 12/13/2021, effective 01/01/2022
DOE 1-2019, amend filed 01/11/2019, effective 07/01/2019
DOE 6-2004, f. 10-14-04, cert. ef. 12-1-04
DOE 3-2001, f. 10-25-01, cert. ef. 10-29-01

Or. Admin. R. 330-140-0055 Pre-certification of Investments in Distribution System-Connected Technologies

(2) Large electricity customers shall apply directly to the Oregon Department of Energy for pre-certification of qualifying investments in distribution system-connected technologies on a form provided by the Oregon Department of Energy.

(a) Information submitted on the form shall include but not be limited to:

(A) the name of the large electricity consumer;

(B) a description of the site;

(D) an itemized list of major system components and associated costs that comprise the total project cost;

(E) documentation that the investments in distribution system-connected technologies will be installed such that they are capable of providing grid support; and

(F) documentation, if applicable, that the site participates in one or more utility program authorized by the Public Utility Commission that encourages or otherwise gives incentives for distribution system-connected technologies to provide grid support.

(3) The Oregon Department of Energy shall determine if the proposed investments in distribution system-connected technologies, described in the application, are to be pre-certified as eligible self-direction costs.

(4) Pre-certification of the cost eligible for a credit and a description of the proposed investment in distribution system-connected technologies shall be approved or denied in writing by the Oregon Department of Energy within 30 days of the receipt of a complete application.

History

Statutory/Other Authority: ORS 469.040, ORS 757.600- 757.687, Oregon Laws 2021, chapter 547 (House Bill 3141) & ORS 756.040
Statutes/Other Implemented: ORS 757.600- 757.687, Oregon Laws 2021, chapter 547 (House Bill 3141) & ORS 756.040
DOE 3-2021, adopt filed 12/13/2021, effective 01/01/2022

Or. Admin. R. 330-140-0060 Certification of Qualifying Expenditure for New Cost-effective Energy Efficiency Projects

(1) Once the project has been completed and is operational, and the costs, or portion of the costs identified in the pre-certification as a component eligible for certification as an individual expense for a project, are expended, the large electricity consumer is eligible to apply to the Oregon Department of Energy for certification of qualifying expenditure on a form provided by the Oregon Department of Energy.

(2) Proof of amount paid must accompany the application for certification of qualifying expenditure.

(a) Proof of purchase for projects costing less than $50,000 may include canceled checks, credit card statements, and binding contracts or agreements.

(b) Projects costing $50,000 and more shall have an independent certified public accountant attest to the cost of the project.

(3) A certification of qualified expenditure for all or part of the cost of either a pre-certified new cost-effective energy efficiency project(s) or a new energy conservation project that was pre-certified under Oregon Department of Energy rules in effect before January 1, 2022, shall be approved or denied by the Oregon Department of Energy in writing within 30 days of the receipt of a complete application. Certification of qualifying expenditure may be issued for a portion of the cost of a new cost-effective energy efficiency project(s) that is an individual cost component or project phase defined in the preliminary certificate application and approved in the preliminary certificate. Qualifying expenditures include fees paid to the Oregon Department of Energy for administering the self-direct program.

History

Statutory/Other Authority: ORS 469.040, ORS 469.165, ORS 756.040, ORS 757.600 - 757.687, ORS 756.054 & Oregon Laws 2021, chapter 547 (House Bill 3141)
Statutes/Other Implemented: ORS 756.040, ORS 757.600 - 757.687, ORS 756.054 & Oregon Laws 2021, chapter 547 (House Bill 3141)
DOE 3-2021, amend filed 12/13/2021, effective 01/01/2022
DOE 1-2019, amend filed 01/11/2019, effective 07/01/2019
DOE 7-2015, f. & cert. ef. 12-23-15
DOE 6-2004, f. 10-14-04, cert. ef. 12-1-04
DOE 3-2001, f. 10-25-01, cert. ef. 10-29-01

Or. Admin. R. 330-140-0070 Certification of Qualifying Expenditure for New Renewable Resources

(1) Large electricity consumers whose above market costs of new renewable energy resource purchases have received pre-certification from the Oregon Department of Energy are eligible to apply for certification of qualified expenditure on a form provided by the Oregon Department of Energy.

(2) A signed contract to purchase or receipt(s) for purchase of renewable energy certificates or RECs, sometimes referred to as "Green Tags," for new renewable energy describing the amount to be paid and the length of the agreement must accompany the application for certification of qualified expenditure. On the application, the applicant shall: answer a "Yes/No" question whether the site’s prior year electricity usage is greater than one average megawatt; include site electric usage in kWh from the prior year; and attach supporting documentation in the form of a spreadsheet or equivalent from the utility showing the monthly usage amounts, for all meters associated with that site, that sum to the prior year usage. Retail electricity consumers that do not have greater than one average megawatt prior year usage are not eligible to self-direct their public purpose charge.

(3) Proof of amount paid must accompany the application for certification of qualifying expenditure for constructed new renewable energy resource projects.

(4) Proof of purchase for constructed projects costing less than $50,000 may include canceled checks, credit card statements, and binding contracts or agreements.

(5) Constructed project costs of $50,000 and more shall have an independent certified public accountant attest to the cost of the project.

(6) Certification of qualified expenditure shall be approved or denied by the Oregon Department of Energy within 30 days of the receipt of a complete application. Qualifying expenditures include fees paid to the Oregon Department of Energy for administering the self-direct program.

(7) The certification of qualified expenditure shall describe the term for which a contracted new renewable energy resource purchase is eligible for credit against public purposes charges owed.

History

Statutory/Other Authority: ORS 469.040, ORS 469.165, ORS 756.040, ORS 757.600 - 757.687 & Oregon Laws 2021, chapter 547 (House Bill 3141)
Statutes/Other Implemented: ORS 756.040, ORS 757.600 - 757.687 & Oregon Laws 2021, chapter 547 (House Bill 3141)
DOE 3-2021, amend filed 12/13/2021, effective 01/01/2022
DOE 1-2019, amend filed 01/11/2019, effective 07/01/2019
DOE 7-2015, f. & cert. ef. 12-23-15
DOE 6-2004, f. 10-14-04, cert. ef. 12-1-04
DOE 3-2001, f. 10-25-01, cert. ef. 10-29-01

Or. Admin. R. 330-140-0075 Certification of Qualifying Expenditure for Investment in Distribution System-Connected Technologies

(2) Proof of amount paid must accompany the application for certification of qualifying expenditure.

(a) The large electricity consumer must provide an itemization of costs for individual system components in sufficient detail to enable the Oregon Department of Energy to assess the eligibility of project expenditures for self-direction.

(b) Proof of purchase for projects costing less than $50,000 may include canceled checks, credit card statements, and binding contracts or agreements.

(c) Projects costing $50,000 and more shall have an independent certified public accountant attest to the cost of the project.

(3) A certification of qualifying expenditure for all or part of the cost of pre-certified investments in distribution system-connected technologies shall be approved or denied by the Oregon Department of Energy in writing within 30 days of the receipt of a complete application. Certification of qualifying expenditure may be issued for a portion of the cost of an investment in distribution system-connected technologies that is an individual cost component or project phase defined in the preliminary certificate application and approved in the preliminary certificate. Qualifying expenditures include fees paid to the Oregon Department of Energy for administering the self-direct program.

History

Statutory/Other Authority: ORS 469.040, ORS 756.040, ORS 757.600- 757.687, ORS 469.165 & Oregon Laws 2021, chapter 547 (House Bill 3141)
Statutes/Other Implemented: ORS 756.040, ORS 757.600- 757.687 & Oregon Laws 2021, chapter 547 (House Bill 3141)
DOE 3-2021, adopt filed 12/13/2021, effective 01/01/2022

Or. Admin. R. 330-140-0080 Claiming a Credit Against Public Purpose Charges or Amount Charged in Rates Pursuant to ORS 757.054(4)

(1) Large electricity consumers who are eligible for direct access, starting with the date of direct access, may claim credits against up to 75 percent of renewable energy resource public purpose charges owed or up to the full amount charged in rates pursuant to ORS 757.054(4).

(2) Credits claimed may not exceed the amount of cost documented on certificate(s) of qualifying expenditure for that self-directing consumer’s site. When qualifying expenditures are certified they may be claimed as follows:

(a) Credits in excess of 75 percent of the amount owed for a given month’s renewable energy resource public purpose charges shall be available for future credit use (carried forward) for as long as the obligation to pay those public purpose charges exists. Should the electric usage at a self-directing consumer’s site fall below one average megawatt for the prior year, the self-directing consumer may continue to claim credits which have been documented by a certification of qualified expenditure and that have been carried forward until the remaining unclaimed balance is zero. A self-directing consumer will not be eligible to submit new applications for pre-certification of the above-market costs of expenditures for a new renewable energy resource project, investments in distribution system connected technologies, Green Tag purchase, or cost-effective energy efficiency until such a time as the site’s electric usage for the prior year is greater than one average megawatt.

(b) Credits in excess of 75 percent of the amount owed for renewable energy resource public purpose charges for a specific site may be applied to public purpose charges at other sites owned by the electricity consumer, its subsidiaries or affiliate firms in the same distribution utility service territory provided the site is also eligible as a self-directing consumer under these rules.

(c) Credits in excess of the amount charged in rates pursuant to ORS 754.054(4) owed for a given month shall be available for future credit use (carried forward) for as long as the obligation to pay those charges exists. Should the electric usage at a self-directing consumer’s site fall below one average megawatt for the prior year, the self-directing consumer may continue to claim credits which have been documented by a certification of qualified expenditure and that have been carried forward until the remaining unclaimed balance is zero. A self-directing consumer will not be eligible to submit new applications for pre-certification of expenditures for a new cost-effective energy efficiency project until such a time as the site’s electric usage for the prior year is greater than one average megawatt.

(d) Large electricity consumers with an existing balance of credits against energy conservation public purpose charges owed after credits are applied to the retail energy consumer’s bill for the last monthly billing period beginning before January 1, 2022, may claim the credits against the amount charged in rates pursuant to ORS 757.054(4) for billing periods beginning on or after January 1, 2022. Credits for new cost-effective energy efficiency projects certified by the Oregon Department of Energy on or after January 1, 2022 will be added to and be interchangeable with any pre-existing credit balance for new energy conservation public purpose charges.

(3) The maximum credit against public purpose charges owed by a self-directing consumer shall not exceed the following:

(a) The maximum self-direction credit for sites in electric company service territories shall be 25.5 percent of the public purpose charge owed; or

(b) The maximum credit for sites in consumer owned electric service territory shall be 25.5 percent of the first 1.5 percent of public purpose charges owed.

(4) The maximum credit against amount charged in rates pursuant to ORS 757.054 (4) is subject to the limits in Oregon Laws 2021, chapter 547, Section 2, subsection (5)(a).

(5) Large electricity consumers, who have received recognition that their site is eligible for self-direction with a certificate of qualified expenditure for credit against public purpose charges issued by the Oregon Department of Energy, may request that their electric distribution utility or energy service supplier apply their credit against public purpose charges owed.

(6) Large electricity consumers, who have received recognition that their site is eligible for self-direction with a certificate of qualified expenditure issued by the Oregon Department of Energy for credit against amounts charged in rates pursuant to ORS 757.054(4), may request that their electric distribution utility or energy service supplier apply their credit against charges in rates owed.

(7) To remain eligible to self-direct public purpose charges, large electricity consumers shall pay on a monthly basis any balance of public purpose charges and amounts charged in rates pursuant to ORS 757.054(4) owed to their electric distribution utility or energy service supplier.

History

Statutory/Other Authority: ORS 469.040, ORS 756.040, ORS 757.600 - 757.687, ORS 757.054 & Oregon Laws 2021, chapter 547 (House Bill 3141)
Statutes/Other Implemented: ORS 756.040, ORS 757.600 - 757.687, ORS 757.054 & Oregon Laws 2021, chapter 547 (House Bill 3141)
DOE 3-2021, amend filed 12/13/2021, effective 01/01/2022
DOE 1-2019, amend filed 01/11/2019, effective 07/01/2019
DOE 6-2004, f. 10-14-04, cert. ef. 12-1-04
DOE 3-2001, f. 10-25-01, cert. ef. 10-29-01

Or. Admin. R. 330-140-0110 Reporting Self-Direction Credits and Public Purpose Amounts Collected or Paid

(1) Consumer-owned utilities providing open access to any customer class shall report annually to the Oregon Department of Energy the amount of public purpose charges collected from the consumer owned utility retail electricity consumers. The report shall be submitted no later than February 28 of each calendar year starting in the calendar year after the consumer owned utility governing board elects to provide open access for any class of its customers. Reports shall not include the self-direction public purpose charges allowed under these rules.

(2) The Oregon Department of Energy shall notify in writing large electricity consumers or consumer-owned utilities of errors in the amount of self-direction credit claimed, the amount of public purpose charges submitted to the consumer’s electric utility, or other errors or omissions in reports. The notice shall recommend the corrections necessary for the large electricity consumer or the consumer-owned utility.

History

Statutory/Other Authority: ORS 469.040, 756.040 & 757.600 - 757.687
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.687
DOE 6-2004, f. 10-14-04, cert. ef. 12-1-04
DOE 3-2001, f. 10-25-01, cert. ef. 10-29-01

Or. Admin. R. 330-140-0120 Denial or Revocation of Eligibility to Participate as a Self-Directing Consumer

(1) The Director of the Oregon Department of Energy shall determine whether a large electricity consumer is eligible to participate or to continue to participate in part or at all under these rules based on the following:

(a) The large electricity consumer no longer qualifies for participation as a self-directing consumer under these rules; or

(b) The large electricity consumer fails to submit public purpose charges owed or amount charged in rates pursuant to ORS 757.054(4); or

(c) Changes in a cost-effective energy efficiency project, investment in distribution system-connected technologies or renewable energy resource purchase that are not communicated to the Oregon Department of Energy that make the project ineligible for self-direction credit; or

(d) Errors in fact or procedure under these rules go uncorrected after requests for correction are submitted to the large electricity consumer by the Oregon Department of Energy; or

(e) Any intentional commission of error or fraud in any application for participation under these rules; or

(f) It is determined by the Director of the Oregon Department of Energy that self-direction by that large electricity consumer or class of large electricity consumers cannot be accountably administrated.

(2) The Oregon Department of Energy shall notify the large electricity consumer in writing of the revocation or denial of the large electricity consumer’s eligibility to participate under these rules and include:

(a) The conditions leading to the decision to deny or revoke eligibility of the large electricity consumer's right to self-direct public purpose charges or amounts charged in rates pursuant to ORS 757.054(4); and

(b) The date that the retail electricity consumer is no longer eligible to apply for project pre-certification or certification of qualified expenditure; and

(c) The previously certified qualified expenditures that the retail electricity consumer may continue to claim as credits against public purpose charges or amounts charged in rates pursuant to ORS 757.054(4) owed.

(3) The large electricity consumer may appeal the decision to the Director of the Oregon Department of Energy in writing within 30 days of the postmarked date of the notice from the Oregon Department of Energy.

(4) The Director of the Oregon Department of Energy shall approve or deny any request to appeal a revocation or denial of eligibility to self-direct public purpose charges or amounts charged in rates pursuant to ORS 757.054(4) in writing within 30 days of the postmarked date of the appeal request.

(5) The Oregon Department of Energy shall notify the large electricity consumer’s electric distribution utility in writing, that is an electric company or consumer owned utility, of the revocation or denial of a large electricity consumer’s eligibility to participate as a self-directing consumer under these rules.

History

Statutory/Other Authority: ORS 469.040, ORS 756.040, ORS 757.600 - 757.687, ORS 757.054 & Oregon Laws 2021, chapter 547 (House Bill 3141)
Statutes/Other Implemented: ORS 756.040, ORS 757.600 - 757.687, ORS 757.054 & Oregon Laws 2021, chapter 547 (House Bill 3141)
DOE 3-2021, amend filed 12/13/2021, effective 01/01/2022
DOE 6-2004, f. 10-14-04, cert. ef. 12-1-04
DOE 3-2001, f. 10-25-01, cert. ef. 10-29-01

Or. Admin. R. 330-140-0130 Utility and Electricity Consumer Credits for Public Purpose Expenditures by their Energy Suppliers

(1) Utilities may apply to the Oregon Department of Energy to claim a credit for qualifying public purpose expenditures by their energy supplier for the market transformation activities of the Northwest Energy Efficiency Alliance under the Bonneville Power Administration residential subscription rate.

(2) Application for this credit must be made by March 1 of each calendar year to begin claiming credit by October 1 and shall document the contracted amount owed.

(3) The credit may be taken against the conservation portion of the electric distribution utility payment of collected public purpose charges as directed by Oregon Administrative Rule.

(4) The Oregon Department of Energy shall propose a credit amount to the Oregon Public Utility Commission by July 1, 2002. The credit amount shall be distributed as a reduction to public purpose charges owed equitably among all the electric distribution utility’s residential ratepayers whose rates include a Northwest Energy Efficiency Alliance cost component.

History

Statutory/Other Authority: ORS 469.040, 756.040 & 757.600 - 757.687
Statutes/Other Implemented: ORS 756.040 & 757.600 - 757.687
DOE 6-2004, f. 10-14-04, cert. ef. 12-1-04
DOE 3-2001, f. 10-25-01, cert. ef. 10-29-01

Or. Admin. R. 330-140-0140 Administrative Cost Recovery

(1) The costs of administering the self-direct program shall be paid out of the funds collected through the public purpose charge and amounts charged in rates pursuant to ORS 757.054(4), and directed to the Oregon Department of Energy as the state agency administering the program. The Oregon Department of Energy shall collect fees from eligible self-directing consumers at the time they submit applications for the following: pre-certification of cost-effective energy efficiency projects, pre-certification of new renewable energy resource purchases, pre-certification of investments in distribution system-connected technologies, and certification of qualified expenditure for renewable energy certificates or Green Tags. Applications will not be considered complete until payment of fees is received by the Oregon Department of Energy. The fee shall be a fixed percentage of: the estimated project costs for cost-effective energy efficiency projects, the estimated project costs for investments in distribution system-connected technologies, the estimated above-market costs for new renewable energy resource purchases, or the actual contract cost for renewable energy certificates or Green Tags.

(2) The Oregon Department of Energy shall periodically review the actual and anticipated costs of administering the self-direct program, including all direct and indirect costs, as well as the actual and anticipated sum of fees collected under the program. The Oregon Department of Energy may revise the fee percentage as needed to ensure full recovery of self-direct program administration costs. The fixed percentage fee shall not exceed four percent of: the estimated project costs for cost-effective energy efficiency projects, estimated project costs for investments in distribution system-connected technologies, the estimated above market costs for new renewable energy resource purchases, or the actual contract cost for renewable energy certificates or Green Tags. Fees paid by eligible self-directing consumers are eligible costs to be included in final certificates of qualified expenditures.

History

Statutory/Other Authority: ORS 469.040, ORS 469.165, ORS 756.040, ORS 757.600 - 757.687, ORS 757.054 & Oregon Laws 2021, chapter 547 (House Bill 3141)
Statutes/Other Implemented: ORS 756.040, ORS 757.600 - 757.687, ORS 757.054 & Oregon Laws 2021, chapter 547 (House Bill 3141)
DOE 3-2021, amend filed 12/13/2021, effective 01/01/2022
DOE 1-2019, amend filed 01/11/2019, effective 07/01/2019
DOE 7-2015, f. & cert. ef. 12-23-15
DOE 6-2004, f. 10-14-04, cert. ef. 12-1-04
DOE 3-2001, f. 10-25-01, cert. ef. 10-29-01

Division 160 ESTABLISH A RENEWABLE ENERGY CERTIFICATE SYSTEM FOR THE OREGON RENEWABLE PORTFOLIO STANDARD (RPS)

Or. Admin. R. 330-160-0005 Purpose

The purpose of these rules is to establish a system of renewable energy certificates to provide a means of compliance with the Oregon Renewable Portfolio Standard (RPS).

History

Statutory/Other Authority: ORS 469A.130
Statutes/Other Implemented: ORS 469A.130 - 469A.145
DOE 6-2008, f. & cert. ef 9-3-08

Or. Admin. R. 330-160-0015 Definitions

For the purposes of Oregon Administrative Rules, chapter 330, division 160, the following definitions apply unless the context requires otherwise:

(1) “Banked Renewable Energy Certificate” has the meaning in ORS 469A.005.

(2) “Bundled Renewable Energy Certificate” has the meaning in ORS 469A.005.

(3) “Compliance Year” has the meaning in ORS 469A.005.

(4) “Department” means the Oregon Department of Energy.

(5) “Director” means the Director of the Oregon Department of Energy.

(6) "Distribution Utility" has the meaning in ORS 469A.005.

(7) Electricity Service Supplier has the meaning in ORS 469A.005.

(7) “Electric Utility” has the meaning in ORS 469A.005.

(8) “Electric Utility” has the meaning in ORS 469A.005.

(9) “Federal Columbia River Power System” (FCRPS) means the transmission system constructed and operated by Bonneville Power Administration (BPA) and the hydroelectric dams constructed and operated by the U.S. Army Corps of Engineers and the Bureau of Reclamation in Oregon, Washington, Montana and Idaho.

(10) “Generator representative” means an electricity generating facility’s owner, operator or WREGIS account holder.

(11) “High Water Mark Contract” means a power sales contract between a consumer-owned utility and BPA that contains a contract high water mark, and under which the utility purchases power from BPA at rates established by BPA in accordance with the tiered rate methodology.

(12) “Joint Operating Entity” means an entity that was lawfully organized under State law as a public body or cooperative prior to September 22, 2000, and is formed by and whose members or participants are two or more public bodies or cooperatives, each of which was a customer of BPA on or before January 1, 1999.

(13) “Multiple-fuel facility” means a facility that is capable of generating electricity using more than one type of fuel. A facility that uses fossil fuel for generator start-up but otherwise uses a single eligible resource and is not required to register in WREGIS as a multi-fuel generating unit, as defined by WREGIS, is not a multiple-fuel facility.

(14) “Oregon’s share” as used in ORS 469A.020(3), means the portion of Federal Columbia River Power System generation attributable to the Oregon load of hydroelectric efficiency upgrades that BPA provides to:

(a) Each consumer-owned utility serving load located in Oregon, pursuant to a High Water Mark Contract;

(b) Each Joint Operating Entity with retail utility members serving load located in Oregon, pursuant to a High Water Mark Contract; and

(15) “Qualifying Electricity” has the meaning in ORS 469A.005.

(16) “Qualifying thermal energy” means thermal energy that meets the requirements of OAR 330-160-0080.

(17) “Renewable Energy Certificate” (REC or Certificate) means a unique representation of the environmental, economic, and social benefits associated with the generation of electricity from renewable energy sources that produce Qualifying Electricity. One Certificate is created in association with the generation of one MegaWatt-hour (MWh) of Qualifying Electricity. While a Certificate is always directly associated with the generation of one MWh of electricity, transactions for Certificates may be conducted independently of transactions for the associated electricity.

(18) “Renewable Energy Source” has the meaning in ORS 469A.005.

(19) “Residential Exchange Program” means the arrangement, based on section 5(c) of the Pacific Northwest Electric Power Planning and Conservation Act, whereby regional utilities sell BPA an amount of power equal to their residential and small-farm load at their average system cost in exchange for federal electric power, and pass on the benefits to their residential and small-farm customers in the form of a bill credit.

(20) “RPS” means the Oregon renewable portfolio standard as established in ORS 469A.

(21) “Secondary purpose” means an end use for thermal energy that:

(a) Is for heating, cooling, humidity control, or mechanical or chemical work; and

(b) For which fuel or electricity would otherwise be consumed.

(22) “Station service” means the energy that is used to operate an electric or thermal generating plant. It includes energy consumed for plant lighting, power, and auxiliary facilities in support of the electricity generation system. Station service includes thermal energy used to process the facility’s fuel.

(23) “Stranded electricity” means qualifying electricity that:

(a) Was generated between January 1, 2007, and March 4, 2011, by a generating unit that was registered in WREGIS on or before March 4, 2011; and

(b) Was reported to the Department on or before March 11, 2011.

(24) “Stranded thermal energy” means qualifying thermal energy that:

(a) Was generated between March 8, 2016 and December 21, 2016;

(b) Was generated by a facility for which an application for certification as Oregon RPS-eligible was submitted to the Department on or before January 1, 2018; and

(c) Was reported to WREGIS no later than six months after the application for certification as Oregon RPS-eligible was approved by the Department.

(25) “Thermal Renewable Energy Certificate” (T-REC) means a REC created in association with the generation of 3,412,000 British thermal units of qualifying thermal energy, which is equivalent to one REC created in association with the generation of one megawatt hour of Qualifying Electricity.

(26) “Unbundled Renewable Energy Certificate” has the meaning in ORS 469A.005.

(27) “Vintage” means the month and year that qualifying electricity was created in accordance with WREGIS protocol.

(28) “WREGIS” means the Western Renewable Energy Generation Information System, which is the renewable energy certificate tracking and reporting system established by the California Energy Commission and the Western Governors’ Association and governed by the Western Electricity Coordinating Council for use by states and provinces throughout the western power interconnection.

History

Statutory/Other Authority: ORS 469A.130 & OL 2016, Ch. 28 (SB 1547)
Statutes/Other Implemented: ORS 469A.130 - 469A.145 & OL 2016, Ch. 28
DOE 9-2017, amend filed 12/20/2017, effective 12/20/2017
DOE 5-2017(Temp), f. 7-20-17, cert. ef. 7-24-17 thru 1-19-18
DOE 7-2016, f. & cert. ef. 12-21-16
DOE 1-2014, f. & cert. ef. 2-10-14
DOE 11-2012, f. & cert. ef. 11-14-12
DOE 2-2011, f. & cert. ef. 3-4-11
DOE 1-2011, f. & cert. ef. 2-22-11
DOE 11-2010(Temp), f. & cert. ef. 8-31-10 thru 2-26-11
DOE 6-2008, f. & cert. ef 9-3-08

Or. Admin. R. 330-160-0020 Establishment of Renewable Energy Certificate System

(1) Renewable energy certificates that are issued, monitored, accounted for and transferred by or through the regional renewable energy certificate system and trading mechanism known as the Western Renewable Energy Generation Information System (WREGIS) shall be the only renewable energy certificates that can be used by an electric utility or electricity service supplier to establish compliance with the Oregon Renewable Portfolio Standard (RPS).

(2) All entities that wish to demonstrate compliance or participate in the renewable energy certificate system associated with the Oregon RPS must establish and maintain accounts in good standing with the WREGIS renewable energy certificate system. These entities must comply with all information, data reporting and verification requirements of the WREGIS Operating Rules dated July 15, 2013, including costs required for compliance. These accounts must be established before January 1, 2009 or before the earliest vintage of Certificate to be used to comply with the Oregon RPS, whichever is later.

(3) All entities that wish to demonstrate compliance or participate in the renewable energy certificate system associated with the Oregon RPS must participate in the system in accordance with the WREGIS Operating Rules dated July 15, 2013. The Operating Rules for WREGIS are publicly available from the WREGIS web site at www.wregis.org.

History

Statutory/Other Authority: ORS 469A.130
Statutes/Other Implemented: ORS 469A.130
DOE 1-2014, f. & cert. ef. 2-10-14
DOE 2-2011, f. & cert. ef. 3-4-11
DOE 6-2008, f. & cert. ef 9-3-08

Or. Admin. R. 330-160-0025 Types of Renewable Energy Certificates

(1) A bundled or unbundled renewable energy certificate may be used to comply with the RPS when it is issued through the WREGIS renewable energy certificate system, and is otherwise consistent with the rules and requirements of the Oregon RPS. The Department will identify those generating facilities eligible for creation of Certificates that can be used to satisfy the Oregon RPS.

(2) Each bundled renewable energy certificate used to comply with the RPS must be supported by documentation demonstrating that one megawatt-hour of electricity that was associated with the bundled renewable energy certificate was delivered to the Bonneville Power Administration, to the transmission system of an electric utility, to another delivery point designated by an electric utility for the purpose of subsequent delivery to the electric utility, or to a delivery point mutually agreed to by a distribution utility and an electricity service supplier for the purpose of subsequent delivery to the distribution utility serving the customer of the electricity service supplier.

(3) To demonstrate that a renewable energy certificate is bundled under Subsection (2) of this rule, an electric utility must either:

(a) Electronically affix to the certificate a valid North American Electric Reliability Corporation (NERC) electronic tagging number (“e-Tag”) or another unique identifier adopted by WREGIS or the Department, which demonstrates that one megawatt hour of electricity was delivered to a point described in Subsection (2) of this rule; or

(b) In a manner prescribed by the Department, submit documentation to the Department demonstrating that:

(A) The renewable energy certificate for the qualifying electricity was acquired by an electric utility or electricity service supplier by a trade, purchase or other transfer of electricity that includes the certificate that was issued for the electricity; or by an electric utility by generation of the electricity for which the certificate was issued; and

(B) The qualifying electricity associated with the bundled renewable energy certificate was initially delivered to a point described in Subsection (2) of this rule.

(4) An electric utility required to demonstrate compliance with the RPS through the use of bundled renewable energy certificates, and which demonstrates that a renewable energy certificate is bundled pursuant to 330-160-0025(3)(b), may be required to electronically affix to that certificate a unique identifier adopted by WREGIS or the Department.

(5) The Department may conduct verification audits or may designate a third party for verification services to review any documentation submitted under Subsection (3) of this rule for purposes of verifying compliance with the RPS.

(6) A bundled renewable energy certificate does not need to demonstrate that the electricity identified by the NERC e-Tag is qualifying electricity or that the originating source identified by the NERC e-Tag is a renewable energy source.

History

Statutory/Other Authority: ORS 469A.130 & OL 2016, Ch. 28 (SB 1547)
Statutes/Other Implemented: ORS 469A.135 - 469A.145 & OL 2016, Ch. 28
DOE 9-2017, amend filed 12/20/2017, effective 12/20/2017
DOE 1-2014, f. & cert. ef. 2-10-14
DOE 2-2011, f. & cert. ef. 3-4-11
DOE 6-2008, f. & cert. ef 9-3-08

Or. Admin. R. 330-160-0030 Allowed Vintage of Renewable Energy Certificates

(1) The system of renewable energy certificates established through this rule may be used to comply with or participate in the Oregon RPS through the use of Certificates with a vintage of January 2007 or later.

(2) No renewable energy certificate that derives from the WREGIS renewable energy certificate system with a vintage before January 2007 will be eligible for compliance with the Oregon RPS.

(3) Renewable energy certificates with a vintage of January 2007 or later, both bundled and unbundled, may be banked for future use within the WREGIS renewable energy certificate system and used for compliance with the Oregon RPS according to the requirements of ORS 469A.140.

(4) Generating facilities that produce qualifying electricity shall be eligible to receive certificates associated with generation beginning on January 1, 2007.

(5) Renewable energy certificates created by WREGIS that are associated with stranded electricity or with stranded thermal energy may be used to comply with the Oregon RPS.

(6) Generating facilities that meet the requirements of OAR 330-160-0080 and that produce qualifying thermal energy shall be eligible to receive T-RECs associated with generation on or after March 8, 2016.

History

Statutory/Other Authority: ORS 469A.130 & OL 2016, Ch. 28 (SB 1547)
Statutes/Other Implemented: ORS 469A.130 & OL 2016, Ch. 28
DOE 9-2017, amend filed 12/20/2017, effective 12/20/2017
DOE 7-2016, f. & cert. ef. 12-21-16
DOE 1-2014, f. & cert. ef. 2-10-14
DOE 2-2011, f. & cert. ef. 3-4-11
DOE 6-2008, f. & cert. ef 9-3-08

Or. Admin. R. 330-160-0035 Application Process

(1) To apply for certification by the Department that electricity or thermal energy from a generating facility qualifies for the Oregon RPS, the generator representative must submit to the Department a completed general application form and, for hydroelectric, hydro efficiency, hydrogen, biomass, multiple-fuel facilities, and thermal energy the applicable supplemental form available on the Department’s website. Thermal energy applications must also include a thermal energy measurement plan as described in OAR 330-160-0090.

(2) The Department may require from the applicant supporting documentation such as photographs of the facility, records of generating equipment purchases, records of installation or service work orders, and an explanation of the relationship between the applicant and the WREGIS account holder.

(3) The Department will determine whether the facility meets the requirements in ORS 469A.010 to 469A.025 and these rules for generating qualifying electricity or qualifying thermal energy and will provide written notification of its determination to the applicant.

(a) If the Department determines that the facility meets the requirements for generating qualifying electricity or qualifying thermal energy, it will certify the facility as Oregon RPS-eligible in WREGIS and provide the Oregon RPS certification number and the first eligible REC vintage date in writing to the applicant.

(b) If the Department determines that the facility does not meet the requirements for generating qualifying electricity or qualifying thermal energy, it will provide the reasons for its determination in writing to the applicant.

(c) If the Department lacks information necessary to make a determination, it will not certify the facility in WREGIS and will provide the reasons it is unable to make a determination in writing to the applicant.

History

Statutory/Other Authority: ORS 469A.130
Statutes/Other Implemented: ORS 469A.130 - 469A.145
DOE 7-2016, f. & cert. ef. 12-21-16
DOE 1-2014, f. & cert. ef. 2-10-14

Or. Admin. R. 330-160-0037 Confidential Treatment of Information

A generator representative may request confidential treatment of information provided to the Department pursuant to OAR 330-010-0005 through 330-010-0030.

History

Statutory/Other Authority: ORS 469A.130
Statutes/Other Implemented: ORS 469A.130 - 469A.145
DOE 1-2014, f. & cert. ef. 2-10-14

Or. Admin. R. 330-160-0038 Expiration of Oregon RPS Certification

Except as otherwise indicated in these rules, a facility’s Oregon RPS certification will not have an expiration date.

History

Statutory/Other Authority: ORS 469A.130
Statutes/Other Implemented: ORS 469A.130 - 469A.145
DOE 1-2014, f. & cert. ef. 2-10-14

Or. Admin. R. 330-160-0040 Low-impact Hydro Electric Facilities

(1) The Department recognizes the Low Impact Hydropower Institute (LIHI) as the national agency to certify hydroelectric facilities as low impact for purposes of the Oregon RPS. A hydroelectric generation facility with current certification from LIHI and that complies with other requirements of ORS 469A and these rules is eligible for the Oregon RPS.

(2) For a low impact hydroelectric facility to remain eligible for the Oregon RPS, the generator representative must maintain a current LIHI certificate and provide the Department a copy of its LIHI certificate upon renewal.

(3) The Department will enter into WREGIS an expiration date for a low impact hydroelectric facility’s Oregon RPS certification that matches the facility’s LIHI certificate expiration date.

(4) The Department will provide written notice to a generator representative at least 60 days before its low impact hydroelectric facility’s Oregon RPS certification is scheduled to expire.

(5) Upon receiving a copy of the renewed LIHI certificate from the generator representative, the Department will update the facility’s Oregon RPS certification expiration date in WREGIS with the new LIHI certificate expiration date.

History

Statutory/Other Authority: ORS 469A.025, OL 2010 & Ch. 71(SS)
Statutes/Other Implemented: ORS 469A.025
DOE 1-2014, f. & cert. ef. 2-10-14
DOE 1-2011, f. & cert. ef. 2-22-11
DOE 11-2010(Temp), f. & cert. ef. 8-31-10 thru 2-26-11

Or. Admin. R. 330-160-0050 Hydroelectric Facility Upgrades

(1) Efficiency upgrades from an Oregon RPS qualifying hydroelectric facility refers to additional incremental qualifying electricity production at an existing hydroelectric facility due to upgrades to existing generators, turbines and other Department-approved equipment changes. Efficiency upgrades do not include increased generation achieved through increased impoundments or increased appropriation or diversions of water.

(2) The generator representative must estimate the percentage increase in efficiency of the facility’s hydroelectric power production due to an efficiency upgrade and provide that estimate to the Department via the supplemental application form provided by the Department for hydroelectric efficiency upgrades, with supporting documentation substantiating the estimate.

(3) The Department will determine the eligibility of incremental hydroelectric power production at an existing hydroelectric facility for purposes of Oregon RPS compliance.

(a) Eligibility is based solely on any operational changes at the facility that are directly associated with efficiency upgrades as defined in subsection (1) of this section.

(b) The determination of the percentage increase in the efficiency of hydroelectric power production as described in subsection (1) of this section shall be based on the best available evidence, including but not limited to, representations by the Federal Energy Regulatory Commission or, for federal projects, by the authorized power marketing agency or agencies with jurisdiction over the federal projects.

(c) The annual electricity production eligible for RPS-eligible renewable energy certificates is the annual hydroelectric power production at the facility multiplied by the percentage increase in efficiency from paragraph (b) of this subsection.

(d) The Department will provide to WREGIS the increment of percentage increase in hydroelectric power production attributable to the facility efficiency upgrades that is RPS-eligible.

(4) Capacity upgrades to a hydroelectric project are not eligible under ORS 469A.025(4)(b) for the Oregon RPS. Capacity upgrades to a hydroelectric project include any increase in generating capacity other than an increase from an efficiency upgrade.

(5) For hydroelectric efficiency upgrades made to a Federal Columbia River Power System facility consistent with this section, only the incremental generation attributable to Oregon’s share, per ORS 469A.020(3), is eligible for the Oregon RPS.

(a) Utilities or Joint Operating Entities that make sales of electricity to retail customers or members in more than one state may receive Oregon’s share only for their Oregon load.

(b) The Department will certify in WREGIS as eligible for compliance with the Oregon RPS those RECs associated with Oregon’s share, as may be adjusted by the Department.

(6) Effective January 1, 2013, annually and no later than December 31, the Department will publish a list of electric utilities that make sales of electricity to retail customers in more than one state. The list will indicate the most recent proportion of retail load that is located in Oregon, or, for investor-owned utilities, the most recent proportion of eligible Residential Exchange Load located in Oregon.

(a) Annually and no later than October 1, the Department may request that a consumer owned utility that serves retail customers in more than one state provide its total retail load and state-by-state retail load percentages to the Department. Upon such request, the consumer owned utility must provide such retail load information by November 15.

(b) Annually and no later than October 1, the Department may request an investor-owned utility that serves retail customers in more than one state provide its total eligible Residential Exchange Load and state-by-state Residential Exchange Load percentages and values to the Department. Upon such request, the investor-owned utility must provide such retail load information by November 15. After the Department receives percentages and values, there may be a period of reconciliation.

(c) If no submission is received or no reasonably current information is available, the Department will not publish load information for that utility.

(7) Annually, on or around April 1, the Department may request that BPA provide the Department with a copy of the certificate transfer directions that BPA provides to WREGIS.

(8) After the fifth anniversary of the date the Department determines that a hydroelectric efficiency upgrade is eligible for the Oregon RPS, the Department will request from the generator representative a review of the performance of the efficiency upgrade. Except as provided in subsection (9) of this section, within six months of the Department’s request, the generator representative must provide to the Department a new estimate of the facility’s percentage increase in efficiency attributable to the efficiency upgrade with supporting documentation.

(9) The Department may grant an exemption from the review described in subsection (8) of this section to any facility for which the generator representative, within six months of the Department’s request:

(a) Demonstrates to the Department’s satisfaction that the customer generator’s estimated percentage increase in efficiency is supported by historical data such that it represents the long term average; and

(b) Signs a form, provided by the Department, attesting that the physical equipment and operation of the facility has not changed in a manner that would affect the percentage increase in efficiency attributable to the efficiency upgrade since that efficiency increment was established.

(10) If the Department determines that the percentage increase in efficiency attributable to the efficiency upgrade has changed from the facility’s current RPS certification, it will revise the increment in WREGIS accordingly and notify the generator representative of the revised increment in writing. The revised increment in WREGIS will apply to all electricity generated on or after the date WREGIS is updated with the revised increment.

History

Statutory/Other Authority: ORS 469A.005 - 469A.210 & 469.040
Statutes/Other Implemented: ORS 469A.005 - 469A.210
DOE 1-2014, f. & cert. ef. 2-10-14
DOE 11-2012, f. & cert. ef. 11-14-12
DOE 2-2011, f. & cert. ef. 3-4-11

Or. Admin. R. 330-160-0060 Periodic Review of Multiple-fuel facilities

(1) Multiple-fuel facilities are subject every three years to a review of the percentage of the facility’s electricity generation that is allocated to RPS-eligible fuels.

(2) The Department will enter into WREGIS an expiration date for a multiple-fuel facility’s Oregon RPS certification that is three years from the date the Department completes its review of the percentage of the facility’s electricity generation that is allocated to RPS-eligible fuels.

(3) The Department will provide written notice to a generator representative at least 6 months before its multiple-fuel facility’s Oregon RPS certification is scheduled to expire.

(4) For a facility to remain RPS-eligible, the generator representative must complete one of the following actions prior to the facility’s Oregon RPS certification expiration date:

(a) Sign a form provided by the Department attesting that the physical equipment and operation of the facility has not changed in a manner that would affect the facility’s RPS-eligible fuel allocation since that RPS-eligible fuel allocation was established; or

(b) Provide to the Department an updated calculation of the facility’s RPS-eligible fuel allocation with supporting documentation requested by the Department.

(5) Within 30 days of receiving the information provided by the generator representative pursuant to subsection (4) of this section, the Department will update WREGIS to extend the multiple-fuel facility’s Oregon RPS certification expiration date by three years.

(6) If the Department determines that the percentage of the facility’s electricity generation allocated to RPS-eligible fuels has changed from the facility’s current RPS certification, the Department will revise the facility’s RPS-eligible fuel allocation in WREGIS accordingly and notify the generator representative of the revised fuel allocation in writing.

History

Statutory/Other Authority: ORS 469A.130
Statutes/Other Implemented: ORS 469A.130 - 469A.145
DOE 1-2014, f. & cert. ef. 2-10-14

Or. Admin. R. 330-160-0070 Required Notice of Facility Changes

For a facility to remain RPS-eligible, the generator representative must notify the Department of any change to its generating facility that constitutes a change to any of the following fields in the facility’s static data, as defined by WREGIS: multi-fuel generator indicator, generation technology, fuel type, fuel source. The generator representative must notify the Department of any such change within 30 days of updating the facility’s static data in WREGIS by providing a copy of the facility’s updated WREGIS static data to the Department. If the Department determines that a change in a facility’s static data affects the facility’s RPS eligibility, the Department will revise the facility’s RPS eligibility in WREGIS accordingly and notify the generator representative of the revision in writing.

History

Statutory/Other Authority: ORS 469A.130
Statutes/Other Implemented: ORS 469A.130 - 469A.145
DOE 1-2014, f. & cert. ef. 2-10-14

Or. Admin. R. 330-160-0080 Thermal Energy from the Generation of Electricity Using Biomass

(1) T-RECs may be used to comply with the Oregon RPS if they are created in association with the generation of qualifying thermal energy that is generated in a facility that meets the requirements of Section (3) of this rule and generated in a manner that meets the requirements of Section (4) of this rule.

(2) Qualifying thermal energy must be in the form of direct heat, steam, hot water, or other useful thermal form.

(3) Facility Requirements:

(a) The facility must generate electricity from renewable biomass sources listed under ORS 469A.025(2) and must also generate thermal energy for a secondary purpose;

(b) The age of the facility must meet the requirements of ORS 469A.020;

(d) The facility’s electric generator must have a rated capacity of at least 10 percent of the energy content of the fuel input.

(4) Manner of Generation:

(a) The thermal energy must be generated as a byproduct of the generation of electricity using biomass sources listed under ORS 469A.025(2). For multiple-fuel facilities, only the portion of thermal energy that is generated from eligible biomass sources is eligible for the generation of T-RECs, in accordance with OAR 330-160-0060; and

(b) The thermal energy must be used for a “secondary purpose,” as defined in OAR 330-160-0015.

(5) Thermal energy may not be used to comply with the Oregon RPS if:

(a) It is used for “station service,” as defined in OAR 330-160-0015;

(b) It is returned to the biomass conversion device that initially created the eligible thermal resource;

(d) It is generated while the electricity production equipment is out of service.

History

Statutory/Other Authority: ORS 469.040, 469A.130, OL 2016 & Ch. 28
Statutes/Other Implemented: ORS 469A.010 - 469A.025, 469A-130 - 469A.145, OL 2016 & Ch. 28
DOE 7-2016, f. & cert. ef. 12-21-16

Or. Admin. R. 330-160-0090 Metering, Monitoring, and Reporting of Qualifying Thermal Energy

In order to be eligible to generate T-RECs, a facility must meet all the requirements of this Rule. Qualifying thermal energy must be measured, monitored, and reported using the following methods:

(1) Metering:

(a) Large facilities: For facilities with the capacity to generate one or more T-RECs per hour of operation (3.412 million Btu/hr), the generator representative must have installed a thermal energy measurement system to continually measure qualifying thermal energy. The thermal energy delivered to the secondary purpose must be metered. All parameters needed to determine thermal energy to the secondary purpose must be directly measured.

(b) Small facilities: For facilities with the capacity to generate less than one T-REC per hour of operation (3.412 million Btu/hr), the generator representative must have installed a thermal energy measurement system to measure qualifying thermal energy delivered to the secondary purpose. Calculation parameters, such as heat capacity, and directly measured parameters, such as temperature and pressure, that do not vary more than +/-2% for the full range of expected operating conditions, may be evaluated on an annual basis and used in the calculation methodology as a constant. These parameters may be based on such sources as manufacturers’ published ratings or one-time measurements, but must be clearly defined and explained in the thermal energy measurement plan required under Subsection(e). All other parameters used to determine the amount of qualifying thermal energy must be continually measured. The generator representative must assess the significance of the potential error that the methodology parameters have on the total annual quantity of qualifying thermal energy and include this analysis in the thermal energy measurement plan. The generator representative must also submit to the Department for approval in the thermal energy measurement plan an appropriate discount factor to be applied to the qualifying thermal energy calculation methodology, and the Department may revise this discount factor as it considers appropriate to account for variance due to parameters that are not continually measured.

(c) The thermal energy measurement system must capture sufficient data, and make necessary calculations or provide all necessary data for calculations to be made using standard engineering calculation procedures, to determine the net thermal energy used by the secondary purpose over an interval specified in the thermal energy measurement plan.

(d) Measurement system components must be installed in accordance with the manufacturer’s specifications.

(e) The generator representative must submit to the Department a thermal energy measurement plan that describes the thermal energy generating equipment, secondary purposes, data measurements to be collected, all associated measurement devices, data formats and storage, data gathering techniques, measurement system calibration, calculation methodology, discount factors, and other relevant equipment and activities that will be used to determine the quantity of qualifying thermal energy. The generator representative must also submit all necessary documentation, including drawings, specifications, piping and instrumentation diagrams, and other information as requested by the Department for system review. The thermal energy measurement system must be reviewed and approved by the Department as part of the certification of a facility as Oregon RPS-eligible.

(f) The generator representative must submit an updated measurement plan and documentation for review and approval to the Department upon the following:

(A) Changes in the configuration of the thermal energy measurement system;

(B) Installation or removal of thermal energy measurement system components;

(D) Installation or removal of secondary purpose equipment, changes to secondary purpose use, or changes the secondary purpose maximum thermal energy demand;

(E) Observations that indicate the thermal energy measurement system is not performing in accordance with the thermal energy measurement plan.

(2) Monitoring

(a) Where continual measurements are required to determine the quantity of qualifying thermal energy, the generator representative must take data readings at least once per hour or more frequently as necessary to capture irregular or frequently varying parameters. For all facilities, the qualifying thermal energy produced shall be totaled for each 24 hour period, each month, and each quarter.

(b) The generator representative must retain measured data and related thermal energy calculations on-site for 5 calendar years and make records available for audit as required by the Department.

(c) Prior to measuring qualifying thermal energy for the purpose of generating T-RECs, the generator representative must perform, or have performed, an initial calibration of the thermal energy measurement system and all associated measurement devices, or demonstrate that a calibration has been performed as specified by system component manufacturers or within the last 365 days of the application date for certification as Oregon RPS-eligible. All measurement devices shall be recalibrated annually or as specified by system component manufacturers to maintain specified accuracy. Calibrations must be performed using the calibration procedures specified by the meter manufacturer, calibration methods published by a consensus-based standards organization, or other industry accepted practice.

(d) Individuals designing, installing, operating, and maintaining the thermal energy measurement system must have appropriate training and certification. The generator representative must maintain documentation of maintenance and calibration activities.

(3) Reporting must be conducted in accordance with all WREGIS reporting requirements.

History

Statutory/Other Authority: ORS 469.040, 469A.130, OL 2016 & Ch. 28
Statutes/Other Implemented: ORS 469A.010 - 469A.025, 469A-130 - 469A.145, OL 2016 & Ch. 28
DOE 7-2016, f. & cert. ef. 12-21-16

Division 170 BIOMASS PRODUCER OR COLLECTOR TAX CREDIT

Or. Admin. R. 330-170-0010 Purpose and Scope

(1) OAR chapter 330, division 170 establishes the procedure and criteria for certifying tax credits under ORS 315.141 and 469B.403.

(2) These rules apply to tax years beginning on or after January 1, 2016.

History

Statutory/Other Authority: ORS 315.141
Statutes/Other Implemented: ORS 315.141 & 469B.403
DOE 1-2016, f. & cert. ef. 3-1-16
DOE 5-2013, f. 12-20-13, cert. ef. 1-1-14
DOE 8-2011, f. 11-4-11, cert. ef. 1-1-12
DOE 13-2010, f. & cert. ef. 11-2-10
DOE 9-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10

Or. Admin. R. 330-170-0020 Definitions

For the purposes of OAR chapter 330, division 170 the definitions in ORS 315.141 apply and in addition the following definitions shall apply:

(1) “Applicant” means an individual or a legal entity (including but not limited to any domestic or foreign corporation, trust, partnership, cooperative, or limited liability company), but does not include a nonprofit organization or a government entity, applying for the tax credit under ORS 315.141 and 469B.403.

(2) “Certificate” means a document issued by the department representing the right to claim a tax credit described in ORS 315.141 for the amount described on the certificate.

(3) “Charcoal” means biomass produced into a densified, carbon rich product used in filters, as an absorbent, soil amendment, or a fuel marketed for cooking purposes and not including biofuels produced by torrefaction.

(4) “Department” means the Oregon Department of Energy.

(5) “Director” means the Director of the department.

(6) “Dry ton” means the amount of biomass that would weigh 2,000 pounds at zero percent moisture content.

(7) “Firewood” as used in this rule means whole or split pieces of wood that are in a form commonly used for burning in campfires, stoves, or fireplaces.

(8) “Manure” means feces and urine of domestic livestock as excreted.

(9) “Oil Seed Crops” means canola, camelina, soybean, sunflower, safflower, mustard, and flaxseed grown for use as a biofuels feedstock.

(10) “Rendering Offal” means the waste or by-products of a rendering process.

(11) “Slash” means material from trees and woody plants, including limbs, tops, needles, leaves and other woody parts, grown in a forest, woodland, farm, rangeland or wildland-urban interface environment and collected at the harvest site.

(12) “Used Cooking Oil” means waste vegetable oil from food preparation.

(13) “Vegetative Biomass from Agricultural Crops” means residual material derived from crop production and crops grown solely to be used for energy, but does not include food processing residuals.

(14) “Virgin Oil” means un-used oil that has been extracted from an agricultural crop.

(15) “Waste Grease” means waste vegetable oil, animal fat, or organic grease from food preparation that is recovered from a grease trap, grease interceptor, grease recovery or similar device.

(16) “Wastewater Biosolids” means solids derived from primary, secondary, or advanced treatment of domestic wastewater which have been treated through one or more controlled processes that significantly reduce pathogens and reduce volatile solids or chemically stabilize solids to the extent that they do not attract vectors. This term refers to domestic wastewater treatment facility solids that have undergone adequate treatment to permit their land application. This term has the same meaning as the term "sludge" in ORS 468B.095.

(17) “Yard Debris” is defined in ORS 459.005(31).

History

Statutory/Other Authority: ORS 351.141
Statutes/Other Implemented: ORS 315.141 & 469B.403
DOE 5-2013, f. 12-20-13, cert. ef. 1-1-14
DOE 8-2011, f. 11-4-11, cert. ef. 1-1-12
DOE 13-2010, f. & cert. ef. 11-2-10
DOE 9-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10

Or. Admin. R. 330-170-0030 Applicant Eligibility

To be eligible for certification, the applicant must:

(1) Be subject to taxation under ORS 316, 317 or 318;

(2) Be an agricultural producer or biomass collector;

(3) Have title to the biomass at the time the biomass is delivered to a biofuel producer;

(4) Produce or collect the biomass in Oregon; and

(5) Deliver or cause the delivery of the biomass to be:

(a) Used as biofuel in Oregon; or

(b) Used to produce biofuel in Oregon.

History

Statutory/Other Authority: ORS 351.141
Statutes/Other Implemented: ORS 315.141 & 469B.403
DOE 5-2013, f. 12-20-13, cert. ef. 1-1-14
DOE 8-2011, f. 11-4-11, cert. ef. 1-1-12
DOE 13-2010, f. & cert. ef. 11-2-10
DOE 9-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10

Or. Admin. R. 330-170-0040 Biomass Eligibility

(1) The biomass must be eligible under these rules, fall within the definitions in ORS 315.141 and have a credit rate listed in ORS 469B.403.

(2) The biomass must be converted into biofuel in Oregon or used as biofuel in Oregon.

(3) Waste grease that is not dewatered prior to delivery to a biofuel producer is considered to have an eligible biomass content of 10 percent of the delivered weight of the oil and water mixture, unless the applicant can demonstrate, to the satisfaction of the department, an alternative measurement.

(4) Forest or rangeland woody debris must be collected and produced at the harvesting or thinning site.

(5) Only one certified credit may be issued for each unit of biomass as defined in ORS 469B.403.

(6) The following material is not eligible:

(a) Material used to produce firewood or charcoal.

(b) Construction and demolition debris, urban wood waste, yard debris.

(d) Algae.

(e) Material from pre-construction or construction activities and golf courses.

(f) Canola grown, collected or produced in the Willamette Valley.

(g) Grain corn.

(h) Other material that is not listed in ORS 315.141 or does not have a credit rate listed under ORS 469B.403.

History

Statutory/Other Authority: ORS 351.141
Statutes/Other Implemented: ORS 315.141 & 469B.403
DOE 5-2013, f. 12-20-13, cert. ef. 1-1-14
DOE 8-2011, f. 11-4-11, cert. ef. 1-1-12
DOE 13-2010, f. & cert. ef. 11-2-10
DOE 9-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10

Or. Admin. R. 330-170-0050 Application Process

(1) Applicants requesting a Biomass Producer or Collector Tax Credit must apply on the department approved form. The form must include the following information:

(a) The name of the applicant, address, phone number and email;

(b) The applicant’s federal tax identification number or social security number, which may be shared with the Oregon Department of Revenue to facilitate the administration of state tax law;

(d) The name of the biofuel producer that received the biomass for use as biofuel or to produce biofuel;

(e) The applicant’s certification statement; and

(f) The name, address, email address and telephone number of the responsible party for the applicant.

(2) In addition to the information on the form, the applicant must provide all of the following information related to the amount of biomass claimed in the application:

(a) Evidence that the agricultural producer or biomass collector held title to the biomass at the time the biomass was delivered. Evidence of title that may be satisfactory to the department, includes, but is not limited to: contracts, receipts, settlement sheets.

(b) Documentation indicating the origination of the biomass, such as the physical address; township, range, section and quarter/quarter section; or other specific geographic indicator.

(c) A summary or settlement sheet for each shipment received by the biofuel producer. Each summary or settlement sheet must include the following:

(A) The name and address of the biofuel producer to which the biomass was delivered;

(B) The date of delivery for each shipment of biomass;

(D) The amount of biomass delivered in each shipment;

(E) The delivered price for each shipment of biomass, including the dry ton payment rate if applicable;

(F) The weight ticket number or a similar unique identifier for each shipment; and

(G) For woody biomass and vegetative biomass from agricultural crops, the dry ton weight equivalent of the actual tonnage in each shipment, calculated in a manner acceptable to the department.

(d) A receipt of qualifying biomass that includes the type of biomass, name and address of biomass producer or collector, name and address of the person receiving the biomass from the applicant, type of biofuel facility, dates delivered, amount of biomass received and a statement attesting to the receipt and use of biomass. An applicant may complete the department approved Receipt of Qualifying Biomass form or provide a receipt satisfactory to the department.

(e) All calculations used to convert one measure of the biomass to another measure and source references for the calculations and all variables.

(f) An application fee of $100 plus 3.8 percent of the total amount of tax credit.

(g) If eligible biomass is stored or aggregated with other biomass or materials after the initial production or collection activities and prior to delivery to a biofuel producer, the biomass producer or collector must provide detailed records certifying the amount and source of each type of biomass.

(h) Agricultural producers or biomass collectors that produce or collect animal manure must use the department approved worksheet or the following formula to calculate the amount of eligible manure:

(A) A x b x c / 2000; where:

(i) A is equal to the number of 1,000 pound animal units contributing manure during the period,

(ii) B is equal to the average animal manure production value from the Natural Resources Conservation Service Agricultural Waste Management Field Handbook Revision 2, March 2008, and

(iii) C is equal to the number of days in the period.

(B) The following documentation must be included with the application:

(i) The log of animal numbers and calculation of 1,000 pound animal units: [Number of animals contributing manure, by classification, (conduct a separate calculation for milkers, dry cows, heifers, calves)] multiplied by [the average lbs./1,000] = number of 1,000 pound animal units;

(ii) Documentation indicating the manure was used or is to be used as biofuel in Oregon or to produce biofuel in Oregon; and

(iii) A copy of the Oregon Confined Animal Feeding Operation (CAFO) National Pollutant Discharge Elimination System (NPDES) General Permit Summary; and

(iv) The most recent Oregon Confined Animal Feeding Operation (CAFO) National Pollutant Discharge Elimination System (NPDES) General Permit Annual Report.

(i) When it is not practicable to produce weight tickets for deliveries to a biofuel producer, agricultural producers that produce oil seed crops, grain crops, grass, wheat, straw or other vegetative biomass must include the following records with their application:

(A) Documentation demonstrating the quantity of biomass produced, which must include one or more of the following:

(i) Acreage report(s) or yield data submitted to the United States Department of Agriculture;

(ii) Crop insurance records of acreage planted and quantity harvested of biofuel crop; or

(iii) Additional documentation showing the actual yields of the biomass crop.

(B) Receipts or equivalent documentation indicating the biomass was used or is to be used as biofuel in Oregon, or to produce biofuel.

(j) If the applicant is transferring biomass that cannot be weighed or calculated, the applicant must supply documentation indicating the amount of biomass as measured by metering equipment or a similar device.

(A) Applicants must provide documentation, including manufacturer’s specifications that indicate the measurements are accurate and reliable.

(B) Metering equipment or similar devices must be calibrated according to the manufacturer’s specifications and the calibration records must be maintained for a period of no less than five years.

(3) The department may require the applicant to provide further information to complete a review of the application and verify compliance with statute and these rules. This information may include, but is not limited to, demonstration that the biomass is used as biofuel in an eligible manner. The department will notify the applicant in writing requesting additional information. If the department does not receive the requested information within 30 calendar days of the date of the notice, the department may deny the application.

(4) If a biomass collector requests a tax credit in place of the agricultural producer that produced the biomass, the application must include a signed statement from the agricultural producer that they are aware the biomass collector will be applying for the credit and that the agricultural producer will not apply for a tax credit for the same unit of biomass.

(5) Applications must be received within 60 days following the end of the applicant’s tax year during which the biomass is delivered to a biofuel producer. Applications received after this date will be returned and any application fee will be fully refunded.

(6) The department may refund up to 75 percent of the application fee if the application is withdrawn prior to review by the department. Only refunds that are $100 or greater will be issued.

(7) The department may require the applicant to pay reasonable costs, not to exceed actual costs, incurred in connection with reviewing the application that exceed the original application fee and which the Director determines are incurred solely in connection with processing the application. The department shall advise the applicant of any additional costs the applicant must pay before the department incurs the costs.

History

Statutory/Other Authority: ORS 351.141
Statutes/Other Implemented: ORS 315.141 & 469B.403
DOE 1-2016, f. & cert. ef. 3-1-16
DOE 5-2013, f. 12-20-13, cert. ef. 1-1-14
DOE 8-2011, f. 11-4-11, cert. ef. 1-1-12
DOE 13-2010, f. & cert. ef. 11-2-10
DOE 9-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10

Or. Admin. R. 330-170-0060 Certification and Denial

(1) If the department approves an application, the Director will issue a Certificate to the applicant identifying the name of the Certificate holder, the biomass, and the amount of the tax credit certified.

(a) The amount of tax credit certified will be determined by multiplying the amount of eligible biomass delivered to a biofuel producer by the applicable tax credit rate found in ORS 469B.403.

(b) Except for oil seed crops, tax credit certificates will be issued for the tax year the biomass is delivered to a biofuel producer for use in Oregon. Tax credit certificates for the production of oil seed crops used to produce biofuel will be issued for the tax year in which the oil seeds are delivered to an oil seed processor. The department will not certify tax credits for agricultural producers that produce oil seeds until documentation indicating the oil has been used in Oregon to produce biofuel is provided in accordance with these rules.

(2) The department may adjust the amount of tax credit certified from the applied amount if miscalculations, inconsistencies or errors are found during the technical review.

(3) If multiple types of eligible biomass are included in a load that is appropriately documented under these rules, the department will apply the lowest credit rate associated with the biomass in determining the amount of certified credit for the entire load of eligible biomass.

(4) The department may review the biomass origination, production or collection activities, or the operating activities of the biofuel producer. The information gathered during a review may be used to determine if the application complies with applicable statutory provisions and rules.

(5) If the department does not approve an application, the Director will provide written notice of denial, including a statement of the findings and reasons for the denial, by mail. The department may deny the application if:

(a) The application does not comply with applicable statutory provisions and rules;

(b) The applicant does not provide information requested by the department within 30 days from date of request;

(c) The application is for biomass that is not eligible for the tax credit, or the department cannot determine the amount of eligible biomass that is co-mingled or combined with biomass that is not eligible; or

(d) The department is unable to determine whether the application complies with applicable statutory provisions and rules based on the information provided by the applicant or gathered during the review process.

(6) The applicant may request reconsideration in writing no later than 60 days after the Director issues a decision denying an application.

History

Statutory/Other Authority: ORS 351.141
Statutes/Other Implemented: ORS 315.141 & 469B.403
DOE 5-2013, f. 12-20-13, cert. ef. 1-1-14
DOE 8-2011, f. 11-4-11, cert. ef. 1-1-12
DOE 13-2010, f. & cert. ef. 11-2-10
DOE 9-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10

Or. Admin. R. 330-170-0070 Minimum Discount Value

The minimum discounted value of a tax credit issued under ORS 315.141 is 90 percent of the amount of the tax credit.

History

Statutory/Other Authority: ORS 351.141 & 469.791
Statutes/Other Implemented: ORS 351.141 & 469.791
DOE 8-2011, f. 11-4-11, cert. ef. 1-1-12
DOE 13-2010, f. & cert. ef. 11-2-10
DOE 9-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10

Division 180 GREENHOUSE GAS EMISSIONS STANDARD

Or. Admin. R. 330-180-0010 Purpose and Scope

These rules provide procedures to assist the governing boards of consumer-owned utilities to comply with the greenhouse gas emissions performance standard for electricity established in ORS 757.522 to 757.536.

History

Statutory/Other Authority: ORS 757.522 - 757.538 & 469.040
Statutes/Other Implemented: ORS 757.522 - 757.538
DOE 9-2011, f. & cert. ef. 11-22-11

Or. Admin. R. 330-180-0020 Definitions

(1) “Cogeneration facility” means a facility where the sequential generation of electric energy and the production of steam or other forms of useful energy (such as heat) from the same primary energy source or fuel are used for industrial, commercial, heating, or cooling purposes.

(2) “Department” means the Oregon Department of Energy pursuant to ORS 469.020(5).

(3) “Director” means the director of the department pursuant to ORS 469.020(6).

(4) “Low-Carbon Emissions Resource” means a generating facility that is capable of meeting the greenhouse gas emissions standard through the use of technologies, fuels, or feedstocks that work together to result in an emissions rate at or below the emissions standard, or by sequestering a sufficient portion of greenhouse gas emissions such the net greenhouse gas emissions at the generating facility are maintained at or below the standard.

(5) “Useful thermal energy” is the net thermal energy made available by a cogeneration facility for processes or applications other than for the generation of electricity, taking into account any portion of the total thermal energy produced that is used as part of the cogeneration process or that is discharged as waste.

History

Statutory/Other Authority: ORS 757.522 - 757.538 & 469.040
Statutes/Other Implemented: ORS 757.522 - 757.538
DOE 9-2011, f. & cert. ef. 11-22-11

Or. Admin. R. 330-180-0030 Greenhouse Gas Emissions Standard

(1) The greenhouse gas emissions standard is 1,100 pounds (0.5 metric tons) of greenhouse gases per megawatt-hour (MWh) of electricity for a generating facility as specified by ORS 757.528(1).

(2) The greenhouse gas emissions standard includes only carbon dioxide (CO2) emissions.

(3) A governing board of a consumer-owned utility entering into a long-term financial commitment as defined at ORS 757.522(10)(a) demonstrates compliance with these rules by making a written determination that baseload electricity acquired under the long-term financial commitment entered into by the utility’s governing board is produced by a generating facility that complies with the greenhouse gas emissions standard established in this rule.

History

Statutory/Other Authority: ORS 757.522 - 757.538 & 469.040
Statutes/Other Implemented: ORS 757.522 - 757.538
DOE 9-2011, f. & cert. ef. 11-22-11

Or. Admin. R. 330-180-0040 Low-Carbon Emissions Resource Plan

(1) The governing board of a consumer-owned utility, or entity acting on behalf of one or more governing boards, may submit a plan for a generating facility to become a low-carbon emissions resource to the department. The department will make a determination as to whether the plan includes sufficient technical documentation to demonstrate that the generating facility is capable of becoming a low-carbon emissions resource within seven years of commencing operations at the generating facility. The plan must contain sufficient technical documentation to demonstrate:

(a) The net greenhouse gas emissions from the generating facility taking into account any greenhouse gas emissions that are captured, sequestered, or otherwise prevented from being released into the atmosphere — will be at or below the greenhouse gas emissions standard established in this rule;

(b) Additional capacity or capability exists to lower net greenhouse gas emissions over time to meet potential reductions in the greenhouse gas emissions standard;

(c) To the extent that maintenance of the low-carbon emissions resource requires one or more feedstocks, that sufficient supply of the feedstock(s) will be available for use by the generating facility;

(d) How other conditions identified by the governing board(s) to meet and maintain the low-carbon emissions resource status over time can and will be met by the generating facility.

(2) The department determination that the plan includes sufficient technical documentation to demonstrate that the generating facility is capable of becoming a low-carbon emissions resource within seven years of commencing operations must be obtained prior to entering into a long-term commitment with that generating facility.

(3) The department will begin a review within 90 days of receipt of a plan and provide a determination to the governing board(s) as to whether the plan includes sufficient technical documentation to demonstrate that the generating facility is capable of becoming a low-carbon emissions resource within seven years of commencing operations. A plan may be re-submitted to the department for reconsideration if additional technical documentation is available.

(4) If the Oregon Public Utility Commission makes a determination pursuant to ORS 757.531(2)(c) that a plan for a generating facility to become a low-carbon emissions resource is sufficient then the governing board of a consumer-owned utility may consider that determination to provide a sufficient demonstration for purposes of ORS 757.533(2)(c) to consider the same generating facility, utilizing the same plan and under the same time frame, as a low-carbon emissions resource in lieu of a review of that plan by the department.

(5) The department may waive the need or alter the timeline to submit a plan to become a low-carbon emissions resource for good cause shown.

History

Statutory/Other Authority: ORS 757.522 - 757.538 & 469.040
Statutes/Other Implemented: ORS 757.522 - 757.538
DOE 9-2011, f. & cert. ef. 11-22-11

Or. Admin. R. 330-180-0050 Unspecified Emissions

(1) Long-term financial commitments consisting of contracts for electricity where the greenhouse gas emissions cannot readily be determined with any specificity are those in which:

(a) The contract does not allow for the identification of one or more generating facilities from which the contracted energy is derived; or,

(b) The contract does not provide sufficient detail about the resource mix from which the contracted energy is derived to determine the greenhouse gas emissions associated with the contracted energy.

(2) Emissions to be attributed to such contracts for purposes of determining compliance with the emissions standard in this rule are to be derived as follows:

(a) By utilizing data from greenhouse gas emissions reports or otherwise submitted to the Oregon Department of Environmental Quality or the US Environmental Protection Agency characterizing the emissions profile of the baseload electricity if that electricity is anticipated to be representative of the contracted energy in the long-term financial commitment; or,

(b) By utilizing the greenhouse gas emissions reporting protocols and emissions factors required by the Oregon Department of Environmental Quality or the US Environmental Protection Agency to estimate the expected emissions profile of the baseload electricity in the long-term financial commitment; or,

(c) If unable to use the greenhouse gas reporting data, procedures, or protocols utilized by the Oregon Department of Environmental Quality or the US Environmental Protection Agency to assign emissions to the baseload electricity by multiplying the amount of energy for which emissions cannot be determined with specificity by an emissions factor of 1,100 pounds of greenhouse gases per megawatt hour to determine the greenhouse gas emissions.

History

Statutory/Other Authority: ORS 757.522 - 757.538 & 469.040
Statutes/Other Implemented: ORS 757.522 - 757.538
DOE 9-2011, f. & cert. ef. 11-22-11

Or. Admin. R. 330-180-0060 Methodology for Calculating Greenhouse Gas Emissions

(1) A generating facility’s annual average electricity production in megawatt-hours (MWh) is the sum of the electricity available for all of the following:

(a) Use onsite;

(b) Use at a host site in a commercial or industrial process;

(d) Transmission from the generating facility.

(2) The greenhouse gases for cogeneration facilities must include the total usable energy output of the process and includes all greenhouse gases emitted by the facility in the production of both electrical and thermal energy.

(a) A cogeneration facility’s annual average electricity production is the sum of the MWh of electricity produced and the useful thermal energy output expressed in MWh.

(b) The useful thermal energy output must be converted into a MWh equivalent using the standard engineering conversion factor of 3.413 MMBtu per MWh (or 3,413 Btu per kWh).

(3) In determining whether a generating facility complies with the emissions standard, the total emissions associated with producing energy at the generating facility must be included in determining the rate of emissions of greenhouse gases. The total emissions associated with producing electricity at the generating facility do not include emissions associated with transportation, fuel extraction or other life-cycle emissions associated with obtaining the fuel for the facility.

History

Statutory/Other Authority: ORS 757.522 - 757.538 & 469.040
Statutes/Other Implemented: ORS 757.522 - 757.538
DOE 9-2011, f. & cert. ef. 11-22-11

Or. Admin. R. 330-180-0070 Exemptions

The requirement for a governing body to report exemptions to the department as required by ORS 757.528(7) must be in writing and may be submitted electronically or by regular mail.

History

Statutory/Other Authority: ORS 757.522 - 757.538 & 469.040
Statutes/Other Implemented: ORS 757.522 - 757.538
DOE 9-2011, f. & cert. ef. 11-22-11

Division 200 RENEWABLE ENERGY DEVELOPMENT GRANTS

Or. Admin. R. 330-200-0000 Applicability of Rules in OAR 330, Division 200

(1) These rules implement the grant program for renewable energy development established by House Bill 3672 (2011) and amended by House Bill 4079 (2012). The rules provide procedures for submission, agency review and selection of systems for potential grant award, the development of performance agreements and the disbursement of grant funds.

(2) These rules apply to all applicants for renewable energy development grants, as governed by ORS 469B.250 to 469B.265.

History

Statutory/Other Authority: ORS 469B.250 - 469B.265
Statutes/Other Implemented: ORS 469B.250 - 469B.265
DOE 10-2012, f. & cert. ef. 8-15-12
DOE 3-2012(Temp), f. & cert. ef. 2-22-12 thru 8-17-12

Or. Admin. R. 330-200-0010 Definitions

For the purposes of this division, the following definitions apply:

(1) “Applicant” means a person who has applied for a renewable energy development grant.

(2) “Business site” means a site operated for business purposes that is owned by the applicant or the applicant has a formal agreement with the property owner to use the site.

(3) “Cost” has the meaning given in ORS 469B.250, the actual cost of the acquisition, construction and installation of the renewable energy production system paid by the applicant for the system, before considering utility incentives.

(4) “Department” means the Oregon Department of Energy.

(5) “Director” means the director of the department.

(6) “Energy” means electrical energy.

(7) “Grantee” means a person that has received an award of a renewable energy development grant.

(8) “Installation or construction” means the process of physical assembly of a system or supporting infrastructure at its operating location.

(9) “Opportunity period” means the timeframe specified in an Opportunity Announcement for the department to accept applications for renewable energy development grants.

(10) “Person” has the meaning given in ORS 469.020.

(11) “Renewable Energy Development Grant” means a grant awarded as described in these rules.

(12) “Renewable Energy Production System” has the meaning given in ORS 469B.250, a system that uses biomass, solar, geothermal, hydroelectric, wind, landfill gas, biogas or wave, tidal or ocean thermal energy technology to produce energy.

History

Statutory/Other Authority: ORS 469B.250 - 469B.265
Statutes/Other Implemented: ORS 469B.250 - 469B.265
DOE 10-2012, f. & cert. ef. 8-15-12
DOE 3-2012(Temp), f. & cert. ef. 2-22-12 thru 8-17-12

Or. Admin. R. 330-200-0020 Opportunity Announcement

(1) The department will announce the availability of renewable energy development grants by issuing an Opportunity Announcement.

(2) The department will continually monitor the allocation of grants to ensure that the total amount of grants awarded does not exceed the amounts available in the Renewable Energy Development subaccount within the Clean Energy Deployment Fund.

(3) If the cumulative total of all grants awarded under the Opportunity Announcement is less than the total amount of funding available, the department may reallocate the balance to future Opportunity Announcements.

(4) The Opportunity Announcement will include the following information:

(a) Objectives for the opportunity period;

(b) The amount of grant funds available;

(d) Dates of the application opportunity period;

(e) Instructions and directions to the required application forms and materials;

(f) Minimum technical standards based on relevant industry standards for renewable energy production systems;

(g) The criteria to be applied in prioritizing applications for grant awards, as described in OAR 330-200-0060;

(h) Guidance on submitting an acceptable resource assessment; and

(i) Other information the department considers necessary.

History

Statutory/Other Authority: ORS 469B.250 - 469B.265
Statutes/Other Implemented: ORS 469B.250 - 469B.265
DOE 10-2012, f. & cert. ef. 8-15-12
DOE 3-2012(Temp), f. & cert. ef. 2-22-12 thru 8-17-12

Or. Admin. R. 330-200-0030 Grant Application

(1) Any person may apply for a grant by submitting a complete grant application. The application must meet requirements provided by applicable statutes, these rules and the current Opportunity Announcement.

(a) The application must be in the form specified in the Opportunity Announcement and these rules.

(b) An applicant must submit a complete application during the opportunity period. For the purposes of this rule, the department considers an application “submitted” when the department receives the application. The department will not process applications received outside of an opportunity period.

(2) The application must be accompanied by the application fee specified in these rules. The department will not process applications received without fee payment.

(3) The department will not accept amendments to applications during the opportunity period. An applicant may withdraw an application and submit a replacement application during the opportunity period. The department will not process fees for applications withdrawn before the end of the opportunity period.

(4) The application must include the following information, unless the department specifies otherwise in the Opportunity Announcement.

(a) The name of the applicant.

(A) If the applicant is a partnership, joint venture or association, the application must include the names of each person participating in the partnership, joint venture or association. The department may use this information to ensure compliance with ORS 469B.256(3).

(B) If the applicant is a corporation or limited liability company, the application must include the name of the corporation or LLC and its parent corporations, members and any close affiliates or subsidiaries. The department may use this information to ensure compliance with ORS 469B.256(3).

(C) If the applicant is a public or government entity, the application must include written authorization from the entity’s governing body allowing submission of the application.

(b) The name, address, email address and telephone number of the responsible party for the applicant.

(c) A statement verifying that the applicant will be the owner, contract purchaser or lessee of the renewable energy production system at the time of installation or construction of the system.

(d) If the applicant has received final certification of tax credits or payment of grants issued by the department within the last five years, the application must contain a statement about the operational status of the systems awarded such grants or tax credits.

(e) A detailed description of the renewable energy production system that includes the following:

(A) The nameplate capacity of the system;

(B) The projected amount of net energy the system will generate, in kWh per year;

(D) The expected operational life of the system;

(E) Technical specifications including manufacturer’s information for the selected technology and all major system equipment; and

(F) A description of the operation of the system, including information that demonstrates the system will operate for at least five years.

(f) A resource assessment demonstrating adequate resource supply for the proposed system operations. The resource assessment must describe the type of resource available, explain how the applicant evaluated the resource and describe how the system will access the resource.

(g) A statement of compliance with applicable state and local regulations and that the applicant will notify the appropriate agencies and obtain required licenses and permits.

(h) The number and type of new jobs that will be created by the system and the number of existing jobs sustained throughout the construction, installation and operation of the system. Job estimates should be submitted in hours. These hours must directly relate to the system.

(i) The anticipated system cost.

(j) The amount of anticipated or received incentives directly related to the system.

(k) A description of the applicant’s installation or construction financing plan.

(l) Pro-forma financial statements for the proposed system, including the balance sheet at system commissioning and balance sheet, cash flow statement and income statement for three years. The application must include a clear and explicit statement of the assumptions used in preparing the pro-forma.

(m) A project management plan that contains the following required elements:

(A) A detailed project schedule with major milestones during development, construction and operation, including the target operational date of the system.

(B) A description of how the following will be managed:

(i) Installation and construction.

(ii) Verification of system construction and start-up. If the applicant has developed a commissioning plan, the application must describe the plan.

(iii) Operations and maintenance requirements.

(n) The amount of grant requested by the applicant.

(o) If the applicant has already started installation or construction of the system, a written description of the special circumstances that rendered the filing of an application prior to the start of installation or construction unreasonable.

(p) Other information the department considers necessary.

History

Statutory/Other Authority: ORS 469B.250 - 469B.265
Statutes/Other Implemented: ORS 469B.250 - 469B.265
DOE 10-2012, f. & cert. ef. 8-15-12
DOE 3-2012(Temp), f. & cert. ef. 2-22-12 thru 8-17-12

Or. Admin. R. 330-200-0040 Fees

The department adopts the following schedule of fees as provided by ORS 469B.259 for applicants. All fee payments are non-refundable, despite the results of the department’s review.

(1) Applicants must submit a fee of $500 with their initial application.

(2) Applicants selected for technical review will be required to pay an additional technical review fee prior to that review. The fee amount is equal to the qualifying system cost multiplied by 1.25 percent.

(3) Applicants requesting amendments must submit a fee of $300 with their amendment request.

(4) If an applicant fails to pay fees timely as required by this rule, the department may reject the pending application and discontinue the review.

History

Statutory/Other Authority: ORS 469.040, 469B.259 & 469B.265
Statutes/Other Implemented: ORS 469B.250 - 469B.265
DOE 2-2015, f. 8-28-15, cert. ef. 9-1-15
DOE 3-2013, f. & cert. ef. 10-2-13
DOE 10-2012, f. & cert. ef. 8-15-12
DOE 3-2012(Temp), f. & cert. ef. 2-22-12 thru 8-17-12

Or. Admin. R. 330-200-0050 Completeness Review

(1) Following the opportunity period, the department will review all applications to determine whether:

(a) All sections of the application are complete as outlined in the Opportunity Announcement.

(b) The applicant has submitted the required fee.

(d) The applicant intends to begin construction within 12 months of award.

(e) The applicant is applying prior to the installation or construction of the system.

(A) If the applicant applies after installation or construction of the system has started, the department will deny the application unless a written explanation of the special circumstances is received and approved by the director.

(B) Failing to submit a timely application or the fact that the project was not selected for a grant or tax credit under this or prior department programs does not constitute special circumstances.

(f) The system is located in Oregon.

(2) If the department finds that the application is complete, the application will move into the competitive review process and the department will notify the applicant in writing.

(3) The department will deny all incomplete applications and notify applicants in writing of the reason for denial of the application.

(4) The department considers the completeness review a test; the decision to deny an incomplete application is not an action subject to review under ORS 183.

History

Statutory/Other Authority: ORS 469B.250 - 469B.265
Statutes/Other Implemented: ORS 469B.250 - 469B.265
DOE 10-2012, f. & cert. ef. 8-15-12
DOE 3-2012(Temp), f. & cert. ef. 2-22-12 thru 8-17-12

Or. Admin. R. 330-200-0060 Competitive Review

(1) The department will conduct a competitive review of all applications that pass completeness review.

(2) Through competitive review, the department’s internal review team will prioritize applications for grants according to the criteria described in the rules. Depending on the Opportunity Announcement objectives, the department may give greater or lesser weight to each of the criteria listed in rules.

(3) In the Opportunity Announcement the department will list the evaluation criteria for the competitive review. The criteria the department may consider includes:

(a) The internal rate of return of the system, calculated using the formula provided by the department.

(b) The number of new jobs created by the system and the number of existing jobs sustained throughout the construction, installation and operation of the system.

(d) The amount of net energy generated.

(e) The use of the energy generated.

(f) Integration into broader energy and environmental goals.

(g) The geographic diversity of the renewable energy production systems compared with the other systems for which grants have been requested in the current opportunity announcement.

(h) The technology or resource diversity of the renewable energy production systems compared with the other systems for which grants have been requested in the current opportunity announcement.

(i) If the applicant has previously received any Renewable Energy Development Grants or Business Energy Tax Credits, the operational status of the system for which such grants or tax credits was awarded.

(j) The feasibility of the system.

(4) The department’s internal review team will recommend to the director which systems to advance to technical review based on the competitive review results. The director will review and then amend or approve the recommendations.

(5) The department will notify applicants of the competitive review outcome. The department may place systems not advanced to the technical review phase on a supplemental list, pending the technical reviews of the selected systems. The department will retain the supplemental list until performance agreements are signed for the selected systems. The supplemental list will include only those projects submitted in response to the particular Opportunity Announcement.

(6) If an applicant has not started installation or construction of the system, an applicant may apply again for the same system in a future opportunity period by submitting a new application and fee. The department will not credit fees or applications submitted in response to a previous Opportunity Announcement to future Opportunity Announcements.

History

Statutory/Other Authority: ORS 469B.250 - 469B.265
Statutes/Other Implemented: ORS 469B.250 - 469B.265
DOE 10-2012, f. & cert. ef. 8-15-12
DOE 3-2012(Temp), f. & cert. ef. 2-22-12 thru 8-17-12

Or. Admin. R. 330-200-0070 Technical Review

(1) Once the applicant has paid the technical review fee, the department will conduct a technical review of systems advanced from the competitive review process. If the applicant does not submit the required payment to the department within 21 calendar days of notification of the advancement to technical review, the department may deny the application.

(2) The department will review the information provided in the application against industry standards to determine whether the system is technically feasible and should operate in accordance with the representations made by the applicant.

(3) To be eligible, the renewable energy production system must meet the following requirements:

(a) The system must meet the requirements of the statutes, these rules and the Opportunity Announcement.

(b) The applicant must be the owner, contract purchaser or system lessee at the time of the system’s installation or construction.

(c) The applicant must be a trade, business or rental property owner with a business site in Oregon or be an Oregon non-profit organization, tribe or public entity. The applicant may not restrict membership, sales or service on the basis of race, color, creed, religion, national origin, sexual preference or gender.

(d) A system located at a residential property must be rental property. A rental property must comply with laws related to rental accommodation and contain a dwelling unit or rooming unit with permanent living facilities. Living facilities include facilities for sleeping, eating, cooking and sanitation, for one or more persons, other than the property owner, which is subject to a rental agreement that provides for meaningful compensation to the owner.

(e) A system located on a site that includes a residence, that is not a rental dwelling, must be separately metered from the residence.

(f) Within the project schedule and detailed project description provided in the grant application, the applicant must demonstrate the ability to begin construction within 12 months from the date the department awards the grant.

(g) The applicant may not receive funding for the system from the Feed-In Tariff program under ORS 757.365.

(4) The department will review renewable energy production system costs for eligibility. The application must document cost by providing a list of itemized costs.

(a) Eligible system costs include:

(A) The cost of components of the proposed system.

(B) Materials and supplies required for the construction and installation of the proposed system.

(D) Design or engineering expenses related to system components.

(E) Cost of work performed by employees or independent contractors of the applicant, based on the following conditions:

(i) Employees or contractors must be certified, accredited, licensed or otherwise qualified to complete the work;

(ii) The work must be associated with the acquisition, installation or construction of the proposed system;

(iii) Project management and similar costs may only account for up to15 percent of eligible system costs; and

(iv) Costs for employees’ or contractors’ work on the renewable energy system must be detailed and documented as to specific tasks, hours worked and compensation costs. This cost may include employee benefits and employment taxes.

(F) Environmental studies, including source testing.

(G) Other costs the department determines should be included.

(b) Eligible system costs do not include:

(A) Costs paid by a person other than the applicant.

(B) Interest and warranty charges.

(D) Patent searches, application and filing payments.

(E) Costs to maintain, operate or repair the system.

(F) Administrative costs to apply for grants, loans, tax credits or other funding for a system including, but not limited to, the renewable energy development grant fees.

(G) Training or education expenses.

(H) Costs that are incurred to bring a host building up to building code standards or otherwise repair the building in order to install the system, including design or engineering expenses.

(I) Costs for a system or portion thereof, that has previously received a tax credit under ORS 469 or 469B.

(J) Donated, in-kind or volunteer labor and materials.

(K) Costs for a system, or portion thereof, if the project or system previously received a Business Energy Tax Credit or a Renewable Energy Development Grant.

(L) Other costs the department determines should be excluded.

(c) If a system is built under a lease or contract purchase, the applicant must provide system cost information. System cost may be demonstrated by providing a declaration of representative market value for the system that includes the anticipated cost of supply and installation. Such a declaration must include a list of primary system components and their costs.

(d) An applicant may incur qualifying costs prior to the submission of an application, but may not begin installation or construction.

(5) The department will determine whether the system is a single renewable energy production system or is part of a larger system in combination with other applications.

(a) The department considers a single renewable production system as one or more electrical energy production devices that are applied for in response to the same Opportunity Announcement, use the same renewable resource, are located at the same site and are owned or controlled by the same person.

(b) For the purposes of this subsection, “same person” includes affiliated or subsidiary corporations, other subsidiary business organizations or other affiliated entities owned or controlled by the same parent corporation but excludes equity-only financing partners.

(c) The department may reduce the potential grant award or deny the application if the department finds that the proposed system is part of another renewable energy production system that has applied for or received a renewable energy production grant.

(d) The department will not divide renewable energy production systems applied for in the same application.

(6) If an application does not include all information needed to complete the technical review, the department may notify the applicant in writing, requesting additional information. If the department does not receive the requested information within 30 calendar days of the date of the notice, the department may deny the application.

(7) During the review the department may inspect the proposed location of a system. The department will schedule inspections during normal working hours, following reasonable notice to the applicant.

(8) The department will notify the applicant in writing if the department denies the application during the technical review.

(9) If the technical review determines that information reviewed during the competitive review process was inaccurate, the department may deny the application.

History

Statutory/Other Authority: ORS 469B.250 - 469B.265
Statutes/Other Implemented: ORS 469B.250 - 469B.265
DOE 10-2012, f. & cert. ef. 8-15-12
DOE 3-2012(Temp), f. & cert. ef. 2-22-12 thru 8-17-12

Or. Admin. R. 330-200-0080 Performance Agreement

(1) The department may offer a performance agreement to the applicant if it determines that the renewable energy production system is technically feasible and capable of operating in accordance with the representations made by the applicant. The offer will include a copy of the performance agreement and a deadline for acceptance.

(2) The performance agreement will be based on information provided by the applicant.

(3) The grant provided for in the performance agreement may not exceed 35 percent of the cost of the project and may not exceed $250,000 per system.

(4) The department will reduce the amount of grant awarded to an applicant if, when combined with other government incentives or grants available to the applicant, the total amount of incentives and grants exceeds 75 percent of the total system cost. The department will not include loans or loan guarantees in this calculation.

(5) The department may offer a grant that is less than the amount requested in the application, pursuant to statute and applicable rules.

(6) Applicants will have 30 calendar days from the date of the notice to accept the performance agreement. An applicant’s failure to accept the offer of a performance agreement by the deadline may cause rejection of the renewable energy development grant application.

(7) In place of applicants who do not enter into a performance agreement within 30 calendar days of the department’s offer, the department may select alternative applicants from the supplemental list, in order of their ranking. Selected applicants will have to complete a technical review.

(8) The performance agreement must include the following terms and may include additional terms.

(a) The maximum amount of the renewable energy development grant and the entity to which funds will be disbursed.

(b) A listing of the documentation that the grantee must provide to the department prior to the disbursement of grant funds including, but not limited to:

(A) An account of system costs.

(B) Proof that the owner or owners of the system location are current on their property taxes for that location, if appropriate.

(d) The maximum duration of the performance agreement.

(e) The requirement that the grantee install or construct the renewable energy production system substantially as described in the renewable energy development grant application.

(f) The requirement that installation or construction of the system begin within 12 months after the date that the performance agreement is signed by all parties. The performance agreement must include details of the work that must be completed within 12 months to meet this standard. If construction does not begin within 12 months, the performance agreement and grant are void. The Department shall waive the requirement that construction begin within 12 months if the Department finds that:

(A) Construction was delayed because of supply chain or workforce disruptions or shortages related to the COVID-19 pandemic; and

(B) Construction began between March 1, 2020, and March 31, 2022.

(g) The requirement that the grantee be the owner, contract purchaser or lessee of the system at the time of installation or construction of the system.

(h) The requirement that the system be located in Oregon.

(i) The requirement that the grantee make periodic reports to the department on the status of the system during system development and during installation or construction of the system.

(j) The requirement that the applicant obtain all applicable licenses, permits or other authorizations that are required within the jurisdiction of the system and must comply with applicable federal, state and local laws and regulations.

(k) The requirement that the grantee allow the department to inspect the system or its proposed location at any time during construction to verify compliance with the performance agreement. The department will schedule inspections during normal working hours, following reasonable notice to the applicant.

(l) The terms under which the performance agreement may be transferred, upon notification and agreement of the department.

(m) Reporting requirements during the first five-years of system operation, including information on jobs, quantity of energy produced annually and other information outlined in the performance agreement.

(n) A provision allowing the performance agreement to be terminated for reasons stated in the agreement and subject to terms described in the agreement.

(o) A provision that if the director determines that the applicant has violated the provisions of the performance agreement or ORS 469B.250 to 469B.265, the applicant will be liable to the department for up to 100 percent of grant moneys disbursed to the applicant.

(9) The department may require a legal sufficiency review of a performance agreement by the Oregon Department of Justice prior to completion.

(10) The renewable energy development grant will be awarded upon signature of the performance agreement by all parties. The grant funds will be disbursed upon verification that the applicant has complied with the applicable terms of the performance agreement including completion and commissioning, if required, of the system.

History

Statutory/Other Authority: ORS 469B.250 - 469B.265
Statutes/Other Implemented: ORS 469B.250 - 469B.265 & Oregon Laws 2023, Chapter 442, Section 70
DOE 1-2024, amend filed 01/09/2024, effective 01/10/2024
DOE 10-2012, f. & cert. ef. 8-15-12
DOE 3-2012(Temp), f. & cert. ef. 2-22-12 thru 8-17-12

Or. Admin. R. 330-200-0090 Amendments

(1) The grantee must submit a written amendment request to the director to amend a performance agreement or change any aspect of the renewable energy production system.

(2) The grantee must describe the proposed change to the performance agreement or renewable energy production system and the reasons for the change.

(3) The grantee must demonstrate that the system, with the proposed change, will continue to meet the requirements of statute, rule and the Opportunity Announcement; be technically feasible, will operate as represented and will remain in operation for at least five years. The grantee has the responsibility to provide an amendment request with complete technical documentation supporting the proposed amendment. The department may deny amendments submitted without such justification.

(4) If an amendment request does not include all information needed to complete the review, the department may provide the grantee a written request for additional information. If the grantee does not provide the requested information to the department within 30 calendar days, the department may deny the request.

(5) Requests for amendments must include payment of the appropriate fee. The department may accept non-substantive changes, such as change of contact information, without payment of the fee.

(6) The department will evaluate amendments to determine if the change would have affected the outcome of competitive review, which may result in pro-rating the award amount, based on energy generated or project cost, or denial of the amendment request.

(7) Amendment requests will not be approved if the amendment would result in an increased award amount.

(8) The department will decide whether to approve the request.

(a) If approved, the department will draft an amended performance agreement, which may contain new or amended conditions and requirements. The amended performance agreement will become effective upon signature by all parties.

(b) If denied, the department will notify the grantee in writing. The notice will include the reasons for the denial of the amendment request. The amendment fee will not be applied to future amendments.

(c) The grantee may accept the denial of the amendment request and comply with the terms of the performance agreement or the grantee may terminate the performance agreement according to its terms and return any grant funds previously disbursed.

History

Statutory/Other Authority: ORS 469B.250 - 469B.265
Statutes/Other Implemented: ORS 469B.250 - 469B.265
DOE 10-2012, f. & cert. ef. 8-15-12
DOE 3-2012(Temp), f. & cert. ef. 2-22-12 thru 8-17-12

Or. Admin. R. 330-200-0150 Compliance

All participants in this program are subject to OAR 330-230-0000 through 330-230-0060.

History

Statutory/Other Authority: ORS 469B.250 - 469B.265
Statutes/Other Implemented: ORS 469B.250 - 469B.265
DOE 10-2012, f. & cert. ef. 8-15-12
DOE 3-2012(Temp), f. & cert. ef. 2-22-12 thru 8-17-12

Division 210 CONSERVATION ENERGY INCENTIVE PROGRAM

Or. Admin. R. 330-210-0000 Applicability of Rules in OAR 330, Division 210

(1) These rules implement the incentive program for energy conservation projects established by House Bill 3672 (2011) and amended by House Bill 4079 (2012) and House Bill 2448 (2015). The rules also provide procedures for submission, agency review and selection of energy conservation projects for preliminary and final certification of tax credits.

(2) These rules apply to all applications for tax credits and certifications for energy conservation projects, as governed by ORS 315.331 and 469B.270 to 469B.306.

History

Statutory/Other Authority: ORS 469.040 & 469B.306
Statutes/Other Implemented: ORS 469B.270 - 469B.306 & 315.331
DOE 4-2016, f. & cert. ef. 11-14-16
DOE 2-2016, f. & cert. ef. 3-15-16
DOE 6-2012, f. & cert. ef. 6-19-12
DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12

Or. Admin. R. 330-210-0010 Definitions

For the purposes of this division, the following definitions apply:

(1) “Applicant” means a person who has applied for or who has received a preliminary certificate for a conservation energy incentive program tax credit, who has submitted an informational filing for a small premium project, who has applied for or received a final certification for an energy incentive program tax credit, or who has entered into a performance agreement with the department.

(2) “Certified cost” means the cost determined by the department during the review of the final application, used as the basis for calculating the tax credit documented on the final certificate.

(3) “Cost” has the meaning given in ORS 469B.270, the capital costs and expenses necessarily incurred in the acquisition, erection, construction and installation of an energy conservation project.

(4) “Department” means the Oregon Department of Energy.

(5) “Director” means the director of the department.

(6) “Energy conservation project” has the meaning given in ORS 469B.270, any capital investment for which the first year energy savings yields a simple payback period of greater than three years. “Energy conservation project” does not include:

(a) Recycling equipment, products and projects;

(b) Transportation projects;

(d) Alternative fuel vehicles.

(7) “Incremental cost” means the difference between the cost of doing the energy conservation project with the energy efficient features and the cost to construct a similar project at current Oregon energy code or documented industry standard.

(8) “Installation or construction” means the process of physical assembly of an energy conservation project or supporting infrastructure at its operating location.

(9) “Opportunity period” means the timeframe specified in an Opportunity Announcement for the department to accept applications for energy conservation projects.

(10) “Qualified third party” means a third party, selected by the director, that provides recommendations to the director regarding a research and development energy conservation project.

(11) “Qualifying cost” means the amount of the energy conservation project’s proposed cost that may be eligible for the program.

(12) “Research and development project” means an energy conservation project that a qualified third party recommends to the department as one that demonstrates innovation.

(13) “Service life” means equipment service life as established in the 2015 edition of the American Society of Heating, Refrigeration and Air Conditioning Engineers’ (ASHRAE) Heating, Ventilating and Air Conditioning (HVAC) Applications Handbook as of the date the department receives a complete preliminary application or, for equipment not rated by ASHRAE, as determined by the department.

(14) “Small premium project” means an energy conservation project with qualifying costs of less than $20,000 for which the department has identified prequalified measures.

(15) “Total building retrofit” means a comprehensive building retrofit that includes energy efficiency projects for each energy-using system including the building envelope. A building retrofit that does not include each energy-using system may also apply as a total building retrofit; if the project meets the eligibility standards described in OAR 330-210-0070.

(16) “Total project cost” means all costs directly associated with an energy conservation project, including costs that are not qualifying costs.

History

Statutory/Other Authority: ORS 469.040 & 469B.306
Statutes/Other Implemented: ORS 469B.270 - 469B.306 & 315.331
DOE 4-2016, f. & cert. ef. 11-14-16
DOE 2-2016, f. & cert. ef. 3-15-16
DOE 6-2012, f. & cert. ef. 6-19-12
DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12

Or. Admin. R. 330-210-0020 Opportunity Announcement

(1) The department will announce the availability of tax credits for energy conservation projects by issuing an Opportunity Announcement.

(2) The department will continually monitor the allocation of tax credits to ensure that the total amount of potential tax credits does not exceed the tax credit caps specified in ORS 469B.303.

(3) If the cumulative total of all tax credits awarded under the Opportunity Announcement is less than the total amount of tax credits available, the department may reallocate the balance to future Opportunity Announcements, including between categories.

(4) The Opportunity Announcement will include the following information:

(a) Objectives for the opportunity period;

(b) The approximate amount of tax credits available;

(d) Dates of the application opportunity period;

(e) Instructions and directions to the required application forms and materials;

(f) Minimum technical standards based on relevant industry standards used to conserve or reduce energy use;

(g) The criteria to be applied in prioritizing applications for tax credits, as described in OAR 330-210-0060;

(h) The date of the sunset of the program; and

(i) Other information the department considers necessary.

(5) The department may increase the amount of tax credits available for an Opportunity Announcement.

History

Statutory/Other Authority: ORS 469.040 & 469B.306
Statutes/Other Implemented: ORS 469B.270 - 469B.306 & 315.331
DOE 4-2016, f. & cert. ef. 11-14-16
DOE 6-2012, f. & cert. ef. 6-19-12
DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12

Or. Admin. R. 330-210-0030 Preliminary Certification Application

(1) Any person may apply for preliminary certification by submitting a complete preliminary certification application. The application must meet requirements provided by applicable statutes, these rules and the current Opportunity Announcement. A preliminary certification application is not required for applicants submitting an informational filing under the small premium project process.

(a) The application must be in the form specified in the Opportunity Announcement and these rules.

(c)The department will not review applications received outside of an opportunity period and will return the application fee received.

(2) The application must be accompanied by the application fee specified in these rules. The department will not process applications received without fee payment.

(3) An applicant may withdraw an application and submit a replacement application during the opportunity period. Replacement applications may be submitted without an additional application fee during an open opportunity period.

(4) The application must include the following information, unless the department specifies otherwise in the Opportunity Announcement.

(a) The name of the applicant.

(B) If the applicant is a corporation or limited liability company, the application must include the name of the corporation, or LLC and its parent corporations, members, and any close affiliates or subsidiaries. The department may use this information to ensure compliance with ORS 469B.288(3).

(C) If the applicant is a public or governmental entity, the application must include written authorization from the entity’s governing body allowing submission of the application.

(b) The name, address, email address and telephone number of the responsible party for the applicant.

(c) The applicant’s federal tax identification number or social security number, which may be shared with the Oregon Department of Revenue to facilitate the administration of state tax law.

(d) A statement verifying that the applicant will be the owner, contract purchaser or lessee of the energy conservation project at the time of installation or construction of the project.

(e) A description of the personnel and teams that will be working on the energy conservation project’s development, implementation and operation.

(f) If the applicant has received final certification of tax credits or payment of grants issued by the department within the last 5 years, the application must contain a statement about the operational status of the projects awarded such grants or tax credits.

(g) The location of the energy conservation project.

(h) A statement explaining how and in what amount the energy conservation project will reduce the consumption of purchased energy or use energy more efficiently.

(A) The statement must identify the annual energy use separated by fuel type of the energy conservation project at the following conditions: proposed conditions, baseline conditions, along with existing conditions, if the project involves a retrofit.

(i) Annual energy use at proposed conditions must be calculated using energy engineering methods as outlined in the Opportunity Announcement.

(ii) Baseline conditions and assumptions must be described in detail.

(iii) For retrofit projects, existing annual energy usage must be supported by a minimum of 24 consecutive monthly utility bills or a calculation approved by the department.

(B) If applicable, provide information about the expected level of sustainable building practices project performance.

(i) A detailed description of the energy conservation project, including information that demonstrates how the project will be technically feasible and how the project will operate for at least five years as represented in the application. This may require documentation in addition to the application form.

(j) The expected operational life of the energy conservation project.

(k) A statement of compliance with applicable state and local regulations and that the applicant will obtain required licenses and permits.

(L) The number and type of new jobs that will be created by the energy conservation project and the number of existing jobs that will be sustained throughout the construction, installation and operation of the project. Job estimates should be submitted in hours. These hours must directly relate to the energy conservation project.

(m) The energy conservation project’s anticipated total project cost, including the energy conservation project’s incremental cost, if applicable.

(n) The amount of anticipated or received incentives directly related to the energy conservation project.

(o) A project schedule.

(p) All research and development projects must include a recommendation from a qualified third party that the project demonstrates innovation.

(q) A description of the applicant’s installation or construction financing plan.

(r) The dollar amount of tax credit requested by the applicant.

(s) If the applicant has already started installation or construction of the energy conservation project, a written description of the special circumstances that rendered the filing of an application prior to the start of construction or installation unreasonable.

(t) Other information the department considers necessary.

History

Statutory/Other Authority: ORS 469.040 & 469B.306
Statutes/Other Implemented: ORS 469B.270 - 469B.306 & 315.331
DOE 4-2016, f. & cert. ef. 11-14-16
DOE 6-2012, f. & cert. ef. 6-19-12
DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12

Or. Admin. R. 330-210-0040 Fees

The department adopts the following schedule of fees as provided by ORS 469B.294 for applicants. All fee payments are non-refundable, despite the results of the department’s review.

(1) Applicants, except those applying through the small premium project process, must submit an application fee of $500 with their preliminary certification application.

(2) Applicants applying through the small premium project process must submit a fee of $75 with their informational filing.

(3) Applicants selected for technical review will be required to pay an additional technical review fee prior to that review. The fee amount is equal to the qualifying cost multiplied by 0.9 percent. Small premium projects are not subject to the technical review fee.

(4) Applicants requesting amendments to preliminary certifications must submit a fee of $300 with their amendment request.

(5) Applicants for final certification must submit with their application a final review fee. This fee amount is equal to the qualifying cost multiplied by 0.55 percent. All applicants seeking final certification for a project, including small premium projects, are required to apply for final review and pay the final review fee.

(6) Applicants that transfer their tax credit to a pass-through partner must pay a pass-through fee. The fee is due after a pass-through partner has been identified and before the department will issue a tax credit certificate.

(a) If the department assists the applicant, except those using the small premium project process, in obtaining a pass-through partner or partners, the fee for that assistance is 1.25 percent of the tax credit amount plus $200 per tax credit certificate issued.

(b) If the department does not assist the applicant, except those using the small premium project process, in obtaining a pass-through partner, the fee is $200 per tax credit certificate issued.

(c) Applicants for small premium projects, the fee is $200 plus $100 per each additional tax credit certificate issued. The additional fee of $100 per certificate issued does not apply to the first certificate.

(7) Applicants issued a tax credit certificate that choose to have their tax credit re-issued to a transferee must pay a transfer fee. The fee for small premium project applicants is $200 plus $100 per each additional tax credit certificate issued and the fee for all other applicants is $200 plus $100 per tax credit certificate issued. The additional fee of $100 per certificate issued does not apply to the first certificate for small premium project applicants.

(8) Applicants subject to recertification must submit a fee of $750 with each application for recertification.

(9) If an applicant fails to pay fees timely as required by this rule, the department may reject the pending application and discontinue the review.

History

Statutory/Other Authority: ORS 469.040 & 469B.306
Statutes/Other Implemented: ORS 469B.270 - 469B.306 & 315.331
DOE 4-2016, f. & cert. ef. 11-14-16
DOE 2-2016, f. & cert. ef. 3-15-16
DOE 2-2015, f. 8-28-15, cert. ef. 9-1-15
DOE 3-2013, f. & cert. ef. 10-2-13
DOE 6-2012, f. & cert. ef. 6-19-12
DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12

Or. Admin. R. 330-210-0045 Small Premium Project Review Process

(1) Projects with qualifying costs of less than $20,000 may utilize the small premium project informational filing process, instead of the preliminary certification and competitive review process, if the project complies with the minimum department-established standards.

(a) Qualifying costs for the purposes of the small premium project informational filing process are determined by the predetermined tax credit amounts based on savings and cost. The department will post the predetermined tax credit amounts. Based on the estimated predetermined tax credit, the department will calculate the qualifying cost for the project.

(b) Based on the requested predetermined tax credit amount in the informational filing, the department will reserve a tax credit for the project.

(c) Energy conservation projects with qualifying costs of less than $20,000 may participate in the preliminary certification process. Applicants may not receive an energy conservation tax credit for the same project from both processes.

(2) The department will issue an Opportunity Announcement for small premium projects. The opportunity period will remain open from the date the department issues the Opportunity Announcement until stated in the Opportunity Announcement and could end sooner if funds are exhausted. The Opportunity Announcement will list the types of technologies with the minimum standards as defined by the department. The types of technologies may include:

(a) Adjustable Flow Irrigation Pumping,

(b) Agricultural Irrigation System Improvement,

(d) Building Envelope Thermal Improvement,

(e) Commercial Indoor Lighting,

(f) Compressed Air Systems Components,

(g) Direct-fired Radiant Heating in High Volume Spaces,

(h) Ductless Heat Pumps with Variable Refrigerant Flow,

(i) Energy Improvements to Commercial Greenhouses,

(j) High Performance Homebuilding,

(k) Heat Pump Service Hot Water Heating,

(L) Industrial Piping Insulation,

(m) LED Outdoor Lighting,

(n) Premium Efficiency Electric Air Conditioning Equipment,

(o) Solar Thermal Water Heating, and

(p) Technology offerings approved by the department under section (9).

(3) Applicants must submit a complete informational filing prior to the project’s installation or construction on the form specified in the Opportunity Announcement and include:

(a) The required filing fee; and

(b) Information demonstrating that the project meets the definition of an energy conservation project and is located in Oregon.

(4) The required fee to submit an informational filing is non-refundable, even if the informational filing is denied. The fee will be returned if tax credits for small premium projects have been fully allocated.

(5) Small premium projects are eligible for predetermined tax credit amounts based on savings and cost. During final certification, the department will determine the tax credit amount based on the certified cost, but the tax credit cannot exceed the lesser of:

(a) 35 percent of the cost actually incurred that are eligible for the energy conservation project as described in OAR 330-210-0070(4); or

(b) The credit reserved on the acknowledgment of the informational filing form.

(6) The sum of any incentives, grants, credits and the energy conservation tax credit may not exceed total project costs.

(7) The department will determine whether the project is a single energy conservation project, or is part of a larger project when considered in combination with other applications as described in OAR 330-210-0070(5).

(a) For small premium projects, the department considers a single energy conservation project as one or more projects that are applied for in response to the same Opportunity Announcement, for the same technology sector, owned or controlled by the same person and located at the same building or structure.

(b) The department may reduce the potential tax credit award or deny the application if the department finds that the proposed project is not a single energy conservation project as described in subsection (a).

(8) If the tax credits available for small premium projects have been fully allocated before the department receives a complete informational filing from an applicant, the applicant will not be eligible for any tax credits for the project under the small premium review process but may participate in the preliminary certification competitive review process.

(9) If the department finds that the informational filing is complete, the department will confirm in writing the receipt of the informational filing. The department will not process incomplete filings, and will provide written notification to the applicant of the fact that the filing is incomplete.

(10) Receipt of an informational filing does not guarantee eligibility and issuance of a final certification for the tax credit. Applicants must also comply with all applicable statutory requirements and requirements listed these rules in order to receive tax credits. The department will determine the eligibility of the small premium project prior to issuing a final certificate.

(11) Informational filings for small premium projects may not be amended.

(12) Small premium project informational filings will expire 12 months after the date the department receives the informational filing or the sunset of the program, whichever comes first. The department must receive a complete final certification application before the end of the 12 month period or prior to the sunset of the program, whichever comes first.

(13) The department may consider proposals for new technology offerings for small premium projects within this section. The proposal application will include a set of guidelines that define the information that must be submitted for department review. The department will evaluate proposals and determine whether to include the technology and the rate at which to incentivize. The department may provide an opportunity for public comment on approved proposals prior to adding them to the Opportunity Announcement. All proposals must include:

(a) Regional data on the mean and range of technology unit costs,

(b) Regional data on the mean and range technology unit energy savings,

(d) Evaluation of barriers and opportunities to market,

(e) Research references (e.g. periodical and article reviews),

(f) Evidence that the technology is currently listed as an emerging energy conservation technology by the Northwest Energy Efficiency Alliance, Bonneville Power Administration, U.S. Department of Energy or other agencies recognized and approved of by the department, and

(g) Any other information the department requires.

History

Statutory/Other Authority: ORS 469.040 & 469B.306
Statutes/Other Implemented: ORS 469B.270 - 469B.306 & 315.331
DOE 4-2016, f. & cert. ef. 11-14-16
DOE 6-2012, f. & cert. ef. 6-19-12
DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12

Or. Admin. R. 330-210-0050 Completeness Review

(1) The department will review all preliminary certification applications, other than those participating in the small premium project process, to determine whether:

(a) All sections of the application are complete as outlined in the Opportunity Announcement.

(b) The applicant has submitted the required fee.

(d) The applicant is applying prior to the installation or construction of the project.

(A) If the applicant applies after installation or construction of the project has started, the department will deny the application unless a written explanation of the special circumstances is received and approved by the director.

(B) Failing to submit a timely application or the fact that the project was not selected for a grant or tax credit under this or prior department programs does not constitute special circumstances.

(e) The energy conservation project is located in Oregon.

(2) If the department finds that the application is complete, the application will move into the competitive review process and the department will notify the applicant in writing.

(3) The department may deny incomplete applications and notify applicants in writing of the reason for denial of the application.

(4) The department considers the completeness review a test; the decision to deny an incomplete application is not subject to review under ORS chapter 183.

History

Statutory/Other Authority: ORS 469.040 & 469B.306
Statutes/Other Implemented: ORS 469B.270 - 469B.306 & 315.331
DOE 4-2016, f. & cert. ef. 11-14-16
DOE 6-2012, f. & cert. ef. 6-19-12
DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12

Or. Admin. R. 330-210-0060 Competitive Review

(1) The department will conduct a competitive review of all applications that pass the completeness review, other than those participating in the small premium project process.

(2) During the competitive review, the department’s internal review team will prioritize applications for preliminary certification according to the criteria described in the rules. Depending on the Opportunity Announcement objectives, the department may give greater or lesser weight to each of the criteria listed in rules.

(3) For the purposes of the competitive review, the department will compare projects of similar technology types against each other. The department may issue an Opportunity Announcement combining two or more of the following technological sector categories and compare projects from the technological sector categories together. The technological sector categories for energy conservation projects are:

(a) Building envelopes, weatherization.

(b) Renewably sourced thermal energy projects that use a renewable energy source, such as solar, biomass or geothermal, directly without converting it to electricity. Within this category, energy savings will be determined through energy displacement.

(d) Sustainable buildings. This category is for projects that are eligible for tax credits under the standards for new construction and total building retrofit.

(e) Commercial, agricultural and industrial processes.

(f) Combined heat and power or co-gen.

(4) Within the technological sector categories, the department may divide the applications into tiers based on project size. The Opportunity Announcement will have details about any tiers prior to implementation.

(5) In the Opportunity Announcement, the department will list the evaluation criteria for the competitive review. The competitive review will give preference to projects that have the highest energy savings over the five-year tax credit period per tax credit dollar requested. Additional criteria the department may consider includes:

(a) The amount of energy saved over the equipment’s lifetime;

(b) The market or industry sector;

(d) The incentive structure and whether the energy savings benefit a party other than the owner;

(e) Lifetime energy savings compared to lifetime cost (benefit-to-cost ratio);

(f) The project implementation plan;

(g) The project financial plan;

(h) Information on jobs created and sustained;

(i) The geographical area and local economic conditions of the site location;

(j) Agreement to a voluntary reduction of requested tax incentive; and

(k) Agreement to a voluntary measurement and verification plan, which includes an agreement to share the results with the department.

(L) Integration with broader energy and environmental goals.

(6) The department’s internal review team will recommend to the director which projects to advance to technical review based on the competitive review results. The director will review and then amend or approve the recommendations.

(7) The department will notify applicants of the competitive review’s outcome. The department may place projects not advanced to the technical review phase on a supplemental list, pending the technical reviews of the selected projects. The department will retain the supplemental list until preliminary certifications have been issued for the selected energy conservation projects. The supplemental list will include only those projects submitted in response to the particular Opportunity Announcement.

(8) The department will deny applications not advanced to the technical review phase or advanced from the supplemental list. The department will notify applicants in writing of the reason for denial of the application.

(9) If an applicant has not started installation or construction of the energy conservation project, an applicant may apply again for the same project in a future opportunity period by submitting a new application and fee. The department will not apply fees or applications submitted in response to a previous Opportunity Announcement to future Opportunity Announcements.

History

Statutory/Other Authority: ORS 469.040 & 469B.306
Statutes/Other Implemented: ORS 469B.270 - 469B.306 & 315.331
DOE 4-2016, f. & cert. ef. 11-14-16
DOE 6-2012, f. & cert. ef. 6-19-12
DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12

Or. Admin. R. 330-210-0070 Technical Review

(1) Once the department requests the technical review fee and the applicant has paid the technical review fee, the department will conduct a technical review of the project application. If the applicant does not submit the required technical review fee to the department within 21 calendar days of from the date of the request for payment of the technical review fee, the department may deny the application.

(2) The department will review the information provided in the preliminary certification application against industry standards to determine whether the project is financially and technically feasible and should operate in accordance with the representations made by the applicant.

(3) To be eligible the energy conservation project must meet the following requirements:

(a) The project must meet the requirements of the statutes, these rules and the Opportunity Announcement.

(b) The applicant must be the owner, contract purchaser or project lessee at the time of the project’s installation or construction.

(c) The applicant must be a trade, business or rental property owner with a business site in Oregon or be an Oregon non-profit organization, a federally recognized tribe or public entity that partners with an Oregon business or resident. The applicant may not restrict membership, sales or service on the basis of race, color, creed, religion, national origin, sexual preference or gender.

(d) A project located at a residential property must be rental property. A rental property must meet laws related to rental accommodations and contain a dwelling unit or rooming unit with permanent living facilities. Living facilities include facilities for sleeping, eating, cooking and sanitation, for one or more persons, other than the property owner, which is subject to a rental agreement that provides for meaningful compensation to the owner.

(e) The energy conservation project must have a simple payback period of greater than three years. The department bases simple payback on total project cost divided by the qualified annual energy savings. Total project cost is calculated for this purpose before any tax credits or grants are applied.

(f) An applicant for a new construction or total building retrofit project must indicate that the project will meet the current standard, at the time of application submission, for one of the following:

(A) Leadership in Energy and Environmental Design (LEED)

(i) The project must be seeking LEED platinum certification with a minimum of eight Optimize Energy Performance points; or

(ii) Using the appropriate peer reviewed energy modeling program, the project must show a minimum 26 percent improvement over ASHRAE 90.1-2007, without addenda.

(B) Green Globes

(i) The project must be seeking Green Globes, Four Globes certification; or

(ii) Using the appropriate peer reviewed energy modeling, the project must be a building falling within the 95th percentile, or better, of the equivalent building stock listed in the Commercial Buildings Energy Consumption Survey (CBECS). Where an equivalent building type is not listed, the modeling must be equivalent to a minimum 26 percent improvement over ASHRAE 90.1-2007, without addenda.

(i) Project plans must be submitted to a local building department and approved for building under the Oregon Reach Code.

(ii) For proposed buildings either required to model or opting for the modeling path, the energy model must show at least an 18 percent improvement over the Oregon Energy Efficiency Specialty Code.

(D) Earth Advantage

(i) The project must be seeking Earth Advantage Gold Certification; or

(ii) Using the appropriate peer reviewed energy modeling program, the project must show a minimum 18 percent improvement over the Oregon Energy Efficiency Specialty Code.

(g) An application for replacing inefficient equipment must demonstrate that the equipment being replaced is within its useful service life and in a good state of repair.

(h) A qualified third party must evaluate and recommend research and development projects.

(i) The qualified annual energy savings of the energy conservation project must pay back the qualifying cost within the service life of the project. This requirement does not apply to research and development projects.

(j) The department may require that the baseline energy conservation project be specifically identified and permanently decommissioned.

(k) A combined heat and power or co-gen project must:

(A) Increase the overall efficiency as compared to existing energy use or standard separate power and heat production that would provide the same amount of net energy.

(B) Meet or exceed annual fuel conversion efficiency as outlined in the Opportunity Announcement.

(4) The department will review energy conservation project costs for eligibility to determine the qualifying cost. Qualifying costs may include the capital costs and expenses necessarily incurred in the acquisition, erection, construction and installation of an energy conservation project. The application must document total project cost by providing a list of itemized costs.

(a) Qualifying costs, that directly contribute to the claimed energy savings of the energy conservation project, include:

(A) The cost of components of the proposed energy conservation project;

(B) Fees to design or engineer the energy conservation project;

(C) The cost of title searches, escrow fees, permit and license fees, excluding fees required by this rule, and shipping;

(D) Costs for all materials and supplies needed for the erection, construction, installation or acquisition of the proposed energy conservation project;

(E) Cost of work performed by employees or independent contractors of the applicant based on the following conditions:

(i) Employees or contractors must be certified, accredited, licensed or otherwise qualified to do the work;

(ii) The work must be associated with the erection, construction, installation or acquisition of the proposed energy conservation project;

(iii) Project management and other similar costs may only account for up to 15 percent of the qualifying project costs; and

(iv) Costs for employees’ or contractors’ work on the energy conservation project must be detailed and documented as to specific tasks, hours worked and compensation costs. This cost may include employee benefits and taxes;

(F) Costs for legal counsel that is directly related to the development of an energy conservation project (excluding litigation, intellectual property, etc.);

(G) Costs of training associated with the energy conservation project that is approved by the department; and

(H) Other costs the department determines should be included.

(b) Qualifying costs do not include:

(A) Interest and warranty charges;

(B) Litigation or other operational-related legal fees and court costs;

(D) Donated, in-kind or volunteer labor and materials;

(E) Administrative costs to apply for grants, loans, tax credits or other similar funding for an energy conservation project including, but not limited to the tax credit review charge, costs associated with the creation and development of the certified public accountant attestation letter and costs associated with securing a pass-through partner for the project;

(F) Routine operational, routine maintenance and repair costs associated with the energy conservation project;

(G) Expenses that are directly or indirectly offset with federal fee waivers;

(H) Expenses that are deemed not to have a benefit to the energy conservation project, including but not limited to, fines, penalties, entertainment, food, alcohol, gifts and lobbying;

(I) Costs that are incurred to bring a building up to building code standards or otherwise repair the building in order to install the project, including design or engineering expenses;

(J) Any portion of the cost for an energy conservation project that has previously received a tax credit or grant under ORS chapters 469 or 469B; and

(K) Other costs the department determines should be excluded.

(d) Qualifying costs will be limited to the incremental costs for new facilities or for the replacement of facilities beyond their service life, including when a code, standard or other base system is required. The department will calculate incremental cost as the difference between the cost of the energy conservation project with the energy efficient features and the cost to construct a similar project at code or industry standard.

(A) In new construction and total building retrofit projects, incremental cost is the difference between building to code and building to exceed the applicable required standards.

(B) In other energy conservation projects, incremental cost is the difference between prevailing practices for that business or industry and a more energy efficient method.

(e) Qualifying costs may be reduced by the following amounts:

(A) If the energy conservation project has a simple payback greater than the service life of the project, the qualifying costs may be prorated down to an amount that would result in a payback within the service life of the project.

(i) Based on the 2015 edition of ASHRAE standards or as otherwise determined in these rules, the department may prorate qualifying cost based on the remaining service life of the equipment. If the baseline project has exceeded its service life, the department will consider only the incremental cost of the project as eligible for calculating the amount of a tax credit.

(ii) An applicant may submit, for department approval, a published or recognized standard or other documentation as considered necessary by the department to determine service life expectancy. If a published or recognized standard is unavailable, the department may use a 15-year limit on service life expectancy.

(B) Costs for a portion of or an entire energy conservation project that has previously received a tax credit certification or grant issued by the department.

(f) An applicant may incur qualifying costs prior to the submission of an application, but may not begin installation or construction.

(5) The department will determine whether the project is a single energy conservation project, or is part of a larger project when considered in combination with other applications.

(a) For projects applying for preliminary certification, the department considers a single energy conservation project as one or more projects that are applied for in response to the same Opportunity Announcement, owned or controlled by the same person and located at the same building or structure.

(b) For small premium projects, the department considers a single energy conservation project as one or more projects that are applied for in response to the same Opportunity Announcement, for the same technology sector, owned or controlled by the same person and located at the same building or structure.

(c) For the purposes of this subsection, “same person” includes affiliated or subsidiary corporations, other subsidiary business organizations or other affiliated entities owned or controlled by the same parent corporation but excludes equity-only financing partners.

(d) The department may reduce the potential tax credit award or deny the application if the department finds that the proposed project is not a single energy conservation project as described in subsection (a) and (b).

(e) The department will not divide energy conservation projects applied for in the same application.

(7) The department will notify the applicant in writing if the department denies the application during the technical review.

(8) If the technical review determines that inaccurate information was submitted by the applicant during the competitive process, the department may deny the application.

(9) If the department denies the application or reduces the tax credit during the technical review, the applicant may request reconsideration in writing within 60 days from the date of denial or reduction.

History

Statutory/Other Authority: ORS 469.040 & 469B.306
Statutes/Other Implemented: ORS 469B.270 - 469B.306 & 315.331
DOE 4-2016, f. & cert. ef. 11-14-16
DOE 6-2012, f. & cert. ef. 6-19-12
DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12

Or. Admin. R. 330-210-0080 Preliminary Certification

(1) The department may issue a preliminary certificate if it determines that the energy conservation project is technically feasible and capable of operating in accordance with the representations made by the applicant.

(2) The department may issue a tax credit that is less than the amount requested in the energy conservation project application, pursuant to statute and applicable rules.

(3) The sum of any incentives, grants, credits and the energy conservation tax credit incentive may not exceed total project costs.

(4) The preliminary certificate will state the qualifying cost, the potential amount of allowable tax credit and may include any conditions for claiming the credit. The applicant has 60 days from the issue date of the preliminary certificate to return the signed conditions of preliminary certification. Failure to return the signed conditions of preliminary certification within the specified time period may result in revocation of the preliminary certificate.

(5) The applicant must report to the department on the project’s status beginning one year from the issuing date of the preliminary certificate, unless the department has already received the project’s application for final certification. The applicant must continue to submit project progress reports to the department every six months after the initial report until the department receives the project’s application for final certificate. Failure to submit reports may result in denial of a final certification.

(6) A preliminary certification remains valid for a period of three calendar years after the date the department issues the original preliminary certification or until the sunset of the program, whichever comes first.

(7) The department may revise a preliminary certificate to comply with statute, rule, the Opportunity Announcement or to correct clerical errors.

History

Statutory/Other Authority: ORS 469.040 & 469B.306
Statutes/Other Implemented: ORS 469B.270 - 469B.306 & 315.331
DOE 4-2016, f. & cert. ef. 11-14-16
DOE 6-2012, f. & cert. ef. 6-19-12
DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12

Or. Admin. R. 330-210-0090 Amendments

(1) Amendments are documentation of changes to the project described in the application for preliminary certification.

(2) An applicant must submit requests for amendments prior to issuance of the final certification.

(3) Small premium projects are not eligible for amendments to informational filings.

(4) Failure of an applicant to submit documentation to the department of changes to the project may result in denial of final tax credit certification.

(5) Changes to the project must be documented by the applicant. The applicant must submit an amendment request on the form specified in the Opportunity Announcement along with the required amendment fee, except that:

(a) Changes that result in less than a five percent aggregate change in energy savings may be documented in the project’s status report, the final certification application form, an amendment request form or by otherwise notifying the department in writing. These changes do not require an amendment fee. The applicant must demonstrate that the change to the project resulted in less than five percent aggregate change in energy savings.

(b) A change of responsible party information or applicant contact information may be documented by notifying the department in writing. These changes do not require an amendment fee.

(6) Undeclared changes found in the application for final certification or through later inspection must be documented by the applicant by submitting an amendment request on the form specified in the Opportunity Announcement with the required amendment fee. Undeclared changes that result in less than a five percent aggregate change in energy savings may be documented by the department through an inspection report or final review and do not require an amendment fee.

(7) When documenting a change, the applicant must demonstrate that the energy conservation project, with the proposed change, will continue to meet the requirements of statute, rule and the Opportunity Announcement; be technically feasible; will operate as represented and would remain in operation for at least five years. The applicant has the responsibility to provide an amendment request with complete technical documentation supporting the proposed amendment. The department may deny amendments submitted without such justification.

(8) An amendment may result in a reduction in tax credit, but may not increase the tax credit amount certified in the preliminary certificate.

(9) If an amendment request does not include all information needed to complete the review, the department may provide the applicant a written request for additional information. If the applicant does not provide the requested information to the department within 30 calendar days of the date of the department’s written request, the department may deny the amendment request to amend the preliminary certification.

(10) Requests for amendments must include payment of the appropriate fee, unless provided otherwise in this rule.

(11) The department will evaluate amendments to determine impact on energy savings and other factors, including whether the change would have affected the outcome of competitive review, which may result in reduction of the potential tax credit amount based on energy savings or project cost or denial of the amendment request.

(12) The department will decide whether to approve the amendment request.

(a) If the amendment request is approved prior to submission of the application for final certification, the department will draft an amended preliminary certification, which may contain new or amended conditions and requirements.

(b) If the amendment request is approved after submission of the application for final certification, the department will notify the applicant in writing. The amendment may result in a reduction in tax credit and inclusion of conditions in the final certificate.

(c) If the amendment request is denied, the department will notify the applicant in writing. The notice will include the reasons for the denial of the amendment request. The amendment fee will not be applied to future amendments.

(d) No later than 60 days after the department denies an amendment request or reduces the tax credit under this section, the applicant may request reconsideration in writing. The request for reconsideration will not extend other mandated timelines, such as the expiration date of the preliminary certificate.

History

Statutory/Other Authority: ORS 469.040 & 469B.306
Statutes/Other Implemented: ORS 469B.270 - 469B.306 & 315.331
DOE 4-2016, f. & cert. ef. 11-14-16
DOE 6-2012, f. & cert. ef. 6-19-12
DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12

Or. Admin. R. 330-210-0100 Final Certification

(1) An energy conservation project must be completed and operating prior to applying for a final certification. An applicant must submit requests for amendments prior to issuance of the final certification.

(2) The department will not review applications for final certification received after the expiration of the preliminary certification or informational filing or those without the final review fee.

(a) A preliminary certification remains valid for a period of three calendar years after the date the department issues the original preliminary certification or until the sunset of the program, whichever comes first.

(b) An informational filing remains valid for a period of 12 months after the date the department receives the informational filing, or the sunset of the program, whichever comes first.

(3) The applicant must submit the application on the current department-issued form and all sections must be completed.

(4) The department will review the application, and may conduct an inspection to verify:

(a) That the energy conservation project is complete and operating.

(b) Compliance with statute, rules and the preliminary certification or informational filing.

(d) The lease or rental agreement if the project is leased or rented.

(e) That the property taxes for the project location are current.

(f) That the energy conservation project will be maintained and operated for at least five years.

(g) The total project costs for purchase and installation or construction of the energy conservation project were paid in full.

(A) A certified public accountant must attest to the total project cost, or if the total project cost is less than $50,000, the applicant must submit copies of receipts for the project.

(i) The certified public accountant cannot be the project owner nor permanently employed by the project owner or pass-through partner.

(ii) Receipts for proof of payment may include canceled checks, credit card statements, binding contracts and agreements.

(B) The application must demonstrate that no contract or loan agreements directly related to the project are in default.

(C) The application must include information regarding all incentives, regardless of source, applied for or received in connection with the project.

(D) Applicants must provide itemized documentation of the installed energy conservation project. A detailed invoice or the public accountant’s attestation may be sufficient documentation.

(h) Other information the department considers necessary.

(5) If an application for final certification does not include all information needed to complete the final certification review, the department may ask the applicant, in writing, to submit additional information. If the department does not receive the requested information within 30 calendar days of the date of the notice, the department may deny the application for final certification.

(6) Applicants may not receive multiple tax credit certifications from the department for the same energy conservation project.

(7) The department will notify the applicant, in writing, if the department denies the application during final review. An applicant may submit a written request for reconsideration within 60 days after the department issues a decision on a final certification application.

(8) As part of the final certification process, projects with certified cost of $1 million or more will be required to enter into a performance agreement with the department and applicants with projects with certified cost of less than $1 million may be required to enter into a performance agreement with the department.

(a) To determine if a performance agreement is required for projects with certified cost of less than $1 million, the department may, but is not limited to evaluating:

(A) Financial aspects of the project,

(B) Technical aspects of the project, and

(b) A performance agreement may include:

(A) A recertification requirement under ORS 469B.298,

(B) Energy performance requirements,

(D) A provision allowing the performance agreement to be terminated for reasons stated in the agreement and subject to terms described in the agreement, and

(E) Any additional requirements that the department determines are appropriate to promote the purposes of ORS 315.331 and 469B.270 to 469B.306.

(c) The department may require a legal sufficiency review of a performance agreement by the Oregon Department of Justice prior to entering into the agreement.

(d) If the department decides to require a performance agreement, the department will send a performance agreement to the applicant for review.

(e) Applicants will have 30 calendar days from the date of the offer letter accompanying the performance agreement to accept the performance agreement. The offer letter accompanying the performance agreement will specify how an applicant may accept the performance agreement. An applicant’s failure to accept the performance agreement as specified in the offer letter may result in denial of the application for final certification.

(f) After the department receives the performance agreement signed by the applicant and the department executes the performance agreement, the department will issue the appropriate portion of the tax credit certificate. Projects subject to recertification may be issued a certified amount letter showing the total tax credit amount approved along with a final certificate for the initial portion of the tax credit.

(g) An applicant must submit a written amendment request to the department to amend a performance agreement. The department will decide whether to approve the request. An amendment cannot result in a greater tax credit amount.

(A) If approved, the department will draft an amended performance agreement, which may contain new or amended conditions and requirements. The amended performance agreement will become effective upon signature by all parties.

(B) If denied, the department will notify the applicant in writing. The notice will include the reasons for the denial of the amendment request.

(9) The department will determine the certified cost upon verification that the energy conservation project’s installation or construction is complete and that the project complies with statute, rules, the preliminary certification or informational filing, and any other applicable requirements.

(a) Except as provided in subsection (c), the department may issue a tax credit certificate of up to 35 percent of the qualifying cost. The department may certify a lesser tax credit amount than approved in the preliminary certificate or reserved in the informational filing, but may not certify a greater amount.

(b) The sum of any incentives, grants, credits and the energy conservation tax credit may not exceed total project costs.

(c) If recertification of the tax credit is required under ORS 469B.298 and this rule, the department may issue a certificate for an initial portion of tax credit up to 10 percent of the certified cost. To receive certification of the full value of the tax credit, the applicant must recertify the tax credit as required under ORS 469B.298 and OAR 330-210-0110.

(10) The department will send a written notification to the applicant of its decision whether to issue a final certification within 60 days, after the department receives a complete application for final certification. If a written decision from the department is not issued within 60 days after receipt of the complete application, then the application is rejected and no further action will be taken. Any time required to provide additional information as provided in OAR 330-210-0100(5) is not included in this 60 day period.

(11) For purposes of administering the sunset of the energy conservation tax credit program under Oregon Laws 2011, chapter 730, section 36:

(a) The department must receive a complete application for final certification prior to the end of the 2017 tax year of the applicant.

(b) For applicants who choose to use the pass-through or transfer process, the entity purchasing the credit must pay for the tax credit prior to the end of its 2017 tax year.

History

Statutory/Other Authority: ORS 469.040 & 469B.306
Statutes/Other Implemented: ORS 469B.270 - 469B.306 & 315.331
DOE 4-2016, f. & cert. ef. 11-14-16
DOE 2-2016, f. & cert. ef. 3-15-16
DOE 6-2012, f. & cert. ef. 6-19-12
DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12

Or. Admin. R. 330-210-0110 Tax Credit Recertification

(1) An applicant of an energy conservation project with certified cost of $1 million or more that is subject to a performance agreement requiring recertification must recertify the tax credit annually up to three years following the date of the issuance of the final certificate for the initial portion of the tax credit to receive the full value of the tax credit.

(2) To recertify the tax credit, the department must receive an application for recertification at least 60 days prior to the anniversary date of the issuance of the initial portion of the tax credit certificate.

(3) The application for recertification must contain the following information:

(a) A description of the business operations conducted at the facility and any changes in the business operations since the project was completed;

(b) Energy consumption or production data for the project or facility as shown in the preceding 12 months of utility billing records;

(c) A statement signed by the applicant attesting that the project is in compliance with all applicable laws related to the ownership and operation of the project;

(d) A statement signed by the applicant attesting that the applicant is current on all obligations to the state and local regulations, including but not limited to obligations for taxes and permitting fees;

(e) Any other information required by the department.

(4) An application for recertification must be accompanied by the recertification fee specified in these rules.

(5) The department may require an inspection of the project or facility as part of the review of the application for recertification.

(6) The department may consult with the city or county in which the facility is located or with any federal or state agency in determining whether to approve an application for recertification.

(7) During review of the application for recertification, the department will compare operation and performance data to the requirements in the performance agreement.

(8) If the application for recertification is approved, the department will issue a tax credit certificate for the approved portion of the tax credit seeking recertification.

(a) In the first recertification period, the department may issue a portion of the tax credit certificate up to 10 percent of the certified cost.

(b) In the second recertification period, the department may issue a portion of the tax credit certificate up to 5 percent of the certified cost.

(c) In the third recertification period, the department may issue two portions of the tax credit certificate up to 5 percent of the certified cost for each certificate. The second portion of the tax credit cannot be claimed until the fifth tax year.

(9) The department may deny the recertification or issue a recertification for a lesser amount if the department determines that the project is not in compliance with all applicable statutes, administrative rules and the performance agreement.

(10) If the department does not approve an application for recertification or reduces the amount of tax credit, the applicant may not claim, use or transfer that portion of the tax credit for which the recertification was denied.

(11) If an applicant does not receive recertification of a portion of a tax credit, either because of a denial of the application for recertification or failure to submit a timely and complete application for recertification, the applicant loses that portion of the tax credit and that portion is considered revoked. If applicable, the applicant may submit subsequent applications for recertification for portions of the tax credit remaining to be recertified.

(12) A person aggrieved by a decision of the department to deny or reduce the amount of a recertification for a tax credit may request a contested case hearing under ORS Chapter 183.

History

Statutory/Other Authority: ORS 469.040, 469B.306 & OL 2015 Ch. 545
Statutes/Other Implemented: ORS 469B.270 - 469B.306, 315.331 & OL 2015 Ch. 545
DOE 2-2016, f. & cert. ef. 3-15-16

Or. Admin. R. 330-210-0150 Compliance and Pass-through

(1) All participants in this program are subject to OAR 330-230. If the tax credit is subject to recertification under OAR 330-210-0110, only that portion of the tax credit that has been certified or recertified may be transferred at the five-year present value rate in OAR 330-230-0130.

(2) The department may periodically inspect energy conservation projects and related documents during the five-year term of the tax credit.

History

Statutory/Other Authority: ORS 469.040 & 469B.306
Statutes/Other Implemented: ORS 469B.270 - 469B.306 & 315.331
DOE 4-2016, f. & cert. ef. 11-14-16
DOE 2-2016, f. & cert. ef. 3-15-16
DOE 6-2012, f. & cert. ef. 6-19-12
DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12

Division 220 ALTERNATIVE FUEL VEHICLE INFRASTRUCTURE ENERGY INCENTIVE PROGRAM

Or. Admin. R. 330-220-0000 Applicability of Rules in OAR 330, division 220

(1) These rules implement the incentives program for alternative fuel vehicle projects established in ORS 315.336 and 469B.320 to 469B.347. The rules also provide procedures for submission, agency review and selection of alternative fuel vehicle projects for preliminary and final certification of tax credits.

(2) These rules apply to all applications and certifications for tax credits for alternative fuel vehicle projects as governed by ORS 315.336 and 469B.320 to 469B.347.

History

Statutory/Other Authority: ORS 469.040, 469B.326, 469B.332 & 469B.347
Statutes/Other Implemented: ORS 315.336 & 469B.320 - 469B.347
DOE 1-2017, f. & cert. ef. 1-25-17
DOE 7-2014, f. 10-10-14, cert. ef. 1-1-15
DOE 9-2012, f. 7-31-12, cert. ef. 8-1-12
DOE 2-2012(Temp), f. & cert. ef. 2-7-12 thru 8-3-12

Or. Admin. R. 330-220-0010 Definitions

For the purposes of this division, the following definitions apply:

(1) “Acquisition” includes:

(a) For an alternative fuel vehicle infrastructure project, installation or construction of a facility for mixing, storing, compressing or dispensing fuels for alternative fuel vehicles, and any other necessary and reasonable equipment.

(b) For an alternative fuel vehicle fleet project, the replacement of two or more vehicles that are not used primarily for personal, family or household purposes, with vehicles that are modified or acquired directly from the factory and that:

(A) Use an alternative fuel, including electricity, biofuel, gasohol with at least 20 percent denatured alcohol content, hydrogen, Hythane, methane, methanol, natural gas, propane or any other fuel approved by the Director of the State Department of Energy as an alternative fuel; and

(B) Produce lower exhaust emissions, or are more energy efficient, than equivalent vehicles fueled by gasoline or diesel.

(2) “Alternative Fuel” means a motor vehicle fuel, other than petroleum gasoline or diesel, certified by the U.S. Environmental Protection Agency for roadway use that results in equivalent or lower exhaust emissions or higher energy efficiency when used. Alternative fuels include electricity, biofuels, hydrogen, Hythane, methane, methanol, natural gas, compressed natural gas, liquefied natural gas, liquefied petroleum gas (propane), renewable diesel, butanol and other fuels the director allows. Blends of these alternative fuels with conventional fuels will only be considered an alternative fuel under these rules when the concentration of the alternative fuel is 20 percent of the entire volume of the blended fuel or greater. Hydrated fuels must have water content of 10 percent of the entire volume of the blended fuel or greater to be considered eligible as an alternative fuel under these rules.

(3) “Alternative fuel vehicle project” has the meaning given in ORS 469B.320.

(4) “Applicant” means a person who has applied for or who has received a preliminary certificate for a transportation energy incentives program tax credit.

(5) “Capital lease” means a fixed-term lease where the lessee records the leased vehicle as assets and is eligible to claim depreciation on those vehicles for tax purposes.

(6) “Certified cost” means the cost determined by the department during the review of final application, used as the basis for calculating the tax credit documented on the final certificate.

(7) “Cost” has the meaning given in ORS 469B.320 including:

(a) For an alternative fuel vehicle infrastructure project, the capital expenditures to acquire, erect, design, build, convert, or install a project.

(b) For an alternative fuel vehicle fleet project, the:

(A) Expenditures necessary to convert two or more existing vehicles into alternative fuel vehicles,

(B) Incremental expenditures to acquire two or more replacement alternative fuel vehicles, or

(C) For class 8 tractors, the incremental expenditure to acquire two or more replacement alternative fuel vehicles as determined and stated by the department in an Opportunity Announcement.

(8) “Department” means the Oregon Department of Energy.

(9) “Director” means the director of the department.

(10) “Incremental expenditure” means the difference between the cost of an alternative fuel vehicle and a comparable traditional fuel vehicle, or an amount determined by the department as defined in OAR 330-220-0010(7)(b)(C).

(11) “Natural gas” means a gaseous fuel comprised primarily of methane derived from either hydro-carbon based or renewable sources, which can be used as a transportation fuel.

(12) “Opportunity period” means the timeframe specified in an Opportunity Announcement for the department to accept applications for alternative fuel vehicle projects.

(13) “Qualifying cost” means the amount of the alternative fuel vehicle project’s proposed cost that may be eligible for the program.

(14) “Replacement” or “replaced” means either:

(a) The removal of existing fleet vehicles and substitution of new alternative fuel vehicles, or

(b) Conversion of the fuel system of existing fleet vehicles to use alternative fuels.

(15) “Total project cost” means all costs directly associated with an alternative fuel vehicle project, including costs that are not qualifying costs.

History

Statutory/Other Authority: ORS 469.040, 469B.326, 469B.332 & 469B.347
Statutes/Other Implemented: ORS 315.336 & 469B.320 - 469B.347
DOE 1-2017, f. & cert. ef. 1-25-17
DOE 7-2014, f. 10-10-14, cert. ef. 1-1-15
DOE 9-2012, f. 7-31-12, cert. ef. 8-1-12
DOE 2-2012(Temp), f. & cert. ef. 2-7-12 thru 8-3-12

Or. Admin. R. 330-220-0020 Opportunity Announcement

(1) The department will announce the availability of tax credits for alternative fuel vehicle projects by issuing an Opportunity Announcement.

(2) The department will continually monitor the allocation of tax credits to ensure that the total amount of potential tax credits does not exceed the tax credit cap specified in ORS 469B.344.

(4) The Opportunity Announcement will include the following information:

(a) Objectives for the opportunity period;

(b) The approximate amount of tax credits available;

(d) Dates of the application opportunity period;

(e) Instructions and directions to the required application forms and materials;

(f) Minimum technical standards;

(g) The process the department will use to allocate tax credits;

(h) For alternative fuel vehicle fleet projects, a list of eligible on-road vehicle types;

(i) For alternative fuel vehicle fleet projects, a maximum percentage of potential tax credit available an applicant may obtain during an opportunity period;

(j) For class 8 tractors, the incremental expenditure upon which to base the tax credit;

(k) Required percentage of fleet miles driven in state on an annual basis;

(L) The date of the sunset of the program; and

(m) Other information the department considers necessary.

(5) The department may increase the amount of tax credits available for an Opportunity Announcement.

History

Statutory/Other Authority: ORS 469.040, 469B.326, 469B.332 & 469B.347
Statutes/Other Implemented: ORS 315.336 & 469B.320 - 469B.347
DOE 1-2017, f. & cert. ef. 1-25-17
DOE 7-2014, f. 10-10-14, cert. ef. 1-1-15
DOE 9-2012, f. 7-31-12, cert. ef. 8-1-12
DOE 2-2012(Temp), f. & cert. ef. 2-7-12 thru 8-3-12

Or. Admin. R. 330-220-0030 Preliminary Certification Application

(1) Any person may apply for a preliminary certification by submitting a complete preliminary certification application. The application must meet requirements provided by applicable statutes, these rules and the current Opportunity Announcement.

(a) The application must be in the form specified in the Opportunity Announcement and these rules.

(c) The department will not review applications received outside of an opportunity period and will return the application fee received.

(2) The application must be accompanied by the application fee specified in these rules. The department will not process applications received without fee payment.

(3) The application must include the following information, unless the department specifies otherwise in the Opportunity Announcement.

(a) The name of the applicant.

(C) If the applicant is a public or governmental entity, the application must include written authorization from the entity’s governing body allowing submission of the application.

(b) The name, address, email address and telephone number of the responsible party for the applicant.

(c) The applicant’s federal tax identification number or social security number, which may be shared with the Oregon Department of Revenue to facilitate the administration of state tax law.

(d) A statement verifying that the applicant will be the owner, contract purchaser or lessee of the alternative fuel vehicle project at the time of acquisition of the project.

(e) A description of the personnel and teams that will be working on project development, implementation and operation.

(f) If the applicant has received final certification of tax credits or payment of grants issued by the department within the last 5 years, the application must contain a statement affirming the operational status of the projects awarded such grants or tax credits.

(g) The location of the alternative fuel vehicle project.

(h) A statement explaining the amount by which use of the alternative fuel vehicle project will displace petroleum fuel.

(i) A statement of compliance with applicable state and local regulations and that the applicant will obtain required licenses and permits.

(j) The number and type of new jobs that will be created by the alternative fuel vehicle project and the number of existing jobs that will be sustained throughout construction, installation and operation of the project. Job estimates should be submitted in hours. These hours must directly relate to the alternative fuel vehicle project.

(k) The alternative fuel vehicle project’s anticipated total project cost, including the alternative fuel vehicle project’s incremental cost, if applicable.

(L) The amount of anticipated or received incentives directly related to the alternative fuel vehicle project.

(m) A project schedule and project management plan.

(n) A description of the applicant’s financing plan for the alternative fuel vehicle project including:

(A) Construction or acquisition financing; and

(B) Startup costs.

(o) The dollar amount of tax credit requested by the applicant.

(p) If the applicant has already started acquisition or performance of the alternative fuel vehicle project, a written description of the special circumstances that rendered filing of an application prior to the start of acquisition or performance unreasonable.

(q) For an alternative fuel vehicle infrastructure project, a detailed description of the project including:

(A) Information that demonstrates how the project will be technically feasible and how the project will operate for at least five years as represented in the application. This may require documentation in addition to the application form.

(B) A description of proposed fueling systems, the estimated number of alternative fuel vehicles that will use the proposed station, the type of alternative fuel that will be dispensed and the expected annual amount that will be dispensed.

(r) For an alternative fuel vehicle fleet project, a detailed description of the project including:

(A) Information that demonstrates the vehicles being replaced with new alternative fuel vehicles are no longer in the project owner’s fleet or the fleet of any related entity.

(B) A description of the vehicles being replaced with new alternative fuel vehicles, including:

(i) Vehicle Identification Number;

(ii) Vehicle make, model, year and description;

(iii) Gross vehicle weight and weight class;

(iv) Fuel type;

(v) Fleet average miles per gallon; and

(vi) Estimated annual mileage.

(i) Vehicle make, model, year and description;

(ii) Gross vehicle weight and weight class;

(iii) Fuel type;

(iv) Estimated miles per gallon; and

(v) Estimated annual mileage.

(D) A description of the existing fleet vehicles being converted or modified to use alternative fuels, including:

(i) Vehicle identification number;

(ii) Vehicle make, model, year and description;

(iii) Gross vehicle weight and weight class;

(iv) Original fuel type and proposed fuel type after conversion to use of alternative fuel;

(v) Fleet average miles per gallon before and after conversion to use of alternative fuel;

(vi) Annual mileage before and after conversion to use of alternative fuel; and

(vii) Information about the conversion kit and the entity converting the vehicles.

(E) The expected operational life of the alternative fuel vehicle project.

(F) Information that demonstrates the alternative fuel vehicles are registered and operating in Oregon. Where applicable, registration under the International Registration Plan must have Oregon as the base jurisdiction.

(s) Other information the department considers necessary.

History

Statutory/Other Authority: ORS 469.040, 469B.326, 469B.332 & 469B.347
Statutes/Other Implemented: ORS 315.336 & 469B.320 - 469B.347
DOE 1-2017, f. & cert. ef. 1-25-17
DOE 7-2014, f. 10-10-14, cert. ef. 1-1-15
DOE 9-2012, f. 7-31-12, cert. ef. 8-1-12
DOE 2-2012(Temp), f. & cert. ef. 2-7-12 thru 8-3-12

Or. Admin. R. 330-220-0040 Application Fees

The department adopts the following schedule of fees as provided by ORS 469B.335. All fee payments are non-refundable, despite the results of the department’s review.

(1) Applicants must submit a fee of $300 with their preliminary certification application.

(2) Applicants selected for technical review will be required to pay an additional technical review fee prior to that review. The fee amount is equal to the qualifying cost multiplied by 0.9 percent.

(3) Applicants requesting amendments to preliminary certifications must submit a fee of $300 with their amendment request.

(4) Applicants for final certification must submit with their application a final review fee. This fee amount is equal to the qualifying cost multiplied by 0.55 percent. All applicants seeking final certification for a project are required to apply for final review and pay the final review fee.

(5) Applicants that choose to transfer their tax credit to a pass-through partner, pursuant to OAR 330-230-0110 to 330-230-0140, must pay a pass-through fee. The fee is due after a pass-through partner has been identified and before the department will issue a tax credit certificate.

(a) If the department assists the applicant in obtaining a pass-through partner, or partners, the fee for that assistance is 1.25 percent of the tax credit amount plus $200 per tax credit certificate issued.

(b) If the department does not assist the applicant in obtaining a pass-through partner, the fee is $200 per tax credit certificate issued.

(6) Applicants issued a tax credit certificate that choose to have their tax credit certificate re-issued to a transferee must pay a transfer fee of $200 plus $100 per tax credit certificate issued.

(7) If an applicant fails to pay fees timely as required by this rule, the department may reject the pending application and discontinue the review.

History

Statutory/Other Authority: ORS 469.040, 469B.335 & 469B.347
Statutes/Other Implemented: ORS 315.336 & 469B.320 - 469B.347
DOE 1-2017, f. & cert. ef. 1-25-17
DOE 2-2015, f. 8-28-15, cert. ef. 9-1-15
DOE 3-2013, f. & cert. ef. 10-2-13
DOE 9-2012, f. 7-31-12, cert. ef. 8-1-12
DOE 2-2012(Temp), f. & cert. ef. 2-7-12 thru 8-3-12

Or. Admin. R. 330-220-0050 Completeness Review

(1) The department will determine that sufficient potential tax credits are available prior to beginning review of an application. The department may return applications, or offer a lower tax credit amount, if there are not sufficient potential tax credits available to award the amount of tax credit requested.

(2) The department will review all preliminary certification applications to determine whether:

(a) All sections of the application are complete.

(b) The applicant has submitted the required fee.

(d) The applicant is applying prior to the acquisition of the project.

(A) If the applicant applies after acquisition of the project has started, the department will deny the application unless a written explanation of the special circumstances is received and approved by the director.

(B) Failing to submit a timely application or not being selected for a grant or tax credit under this or prior department programs does not constitute special circumstances.

(e) The alternative fuel vehicle project is located in Oregon.

(3) If the department finds that the application is complete, the application will move into the technical review process and the department will notify the applicant in writing. If an excess of applications is received for an Opportunity Announcement, the department moves complete applications into technical review based on the date the department received the complete application.

(4) The department may deny incomplete applications and notify applicants in writing of the reason for denial of the application.

(5) The department considers the completeness review as a test; the decision to deny an incomplete application is not an action subject to review under ORS Chapter 183.

(6) If an applicant has not started acquisition of the alternative fuel vehicle project, an applicant may apply again for the same project in the same or a future Opportunity Announcement by submitting a new application and fee. The department will not apply fees submitted with a previous application to future applications.

History

Statutory/Other Authority: ORS 469.040, 469B.326, 469B.332 & 469B.347
Statutes/Other Implemented: ORS 315.336 & 469B.320 - 469B.347
DOE 1-2017, f. & cert. ef. 1-25-17
DOE 7-2014, f. 10-10-14, cert. ef. 1-1-15
DOE 9-2012, f. 7-31-12, cert. ef. 8-1-12
DOE 2-2012(Temp), f. & cert. ef. 2-7-12 thru 8-3-12

Or. Admin. R. 330-220-0070 Technical Review

(1) Once the department requests the technical review fee and the applicant has paid the technical review fee, the department will conduct a technical review of the alternative fuel vehicle project. If the applicant does not submit the required technical review fee to the department within 21 calendar days from the date of the request for payment of the technical review fee, the department may deny the application.

(3) To be eligible, the alternative fuel vehicle project must meet the following requirements:

(a) The project must meet the requirements of the statutes, these rules and the Opportunity Announcement.

(b) The applicant must be the owner, contract purchaser or project lessee at the time of the project’s acquisition.

(c) The applicant must be a trade, business or rental property owner with a business site in Oregon or be an Oregon non-profit organization, a federally recognized tribe or a public body as defined in ORS 174.109 that partners with an Oregon business or resident. The applicant may not restrict membership, sales or service on the basis of race, color, creed, religion, national origin, sexual preference or gender.

(e) For an alternative fuel vehicle infrastructure project, applicants must provide anticipated connection and charging patterns as part of the project description section of the application.

(f) An electric charging station project must supply electricity for on-road vehicles.

(g) An alternative fuel vehicle fleet project must be an eligible on-road vehicle type as described in the Opportunity Announcement. In the Opportunity Announcement the department will list the eligible vehicle types from those defined in ORS chapter 801.

(h) An alternative fuel vehicle fleet project must register the alternative fuel vehicles in Oregon. Where applicable, registration under the International Registration Plan must have Oregon as the base jurisdiction.

(i) An alternative fuel vehicle fleet project for the purchase of new vehicles must replace two or more vehicles and provide information demonstrating the vehicles being replaced are no longer in the project owner’s fleet or the fleet of any related entity.

(j) An alternative fuel vehicle fleet must operate in Oregon as specified in the Opportunity Announcement, which will be at least 75 percent of the operation time.

(k) An alternative fuel vehicle fleet project may be acquired with a capital lease. The capital lease terms must be at least five years.

(L) An alternative fuel vehicle fleet project must include at least one eligible alternative fuel.

(m) An alternative fuel vehicle fleet conversion or modification project must include new equipment installed by a qualified technician that is compliant with Environmental Protection Agency or California Air Resources Board standards.

(4) The department will review the alternative fuel vehicle project’s cost for eligibility to determine qualifying costs. The application must document total project cost by providing a list of itemized costs.

(a) Qualifying costs for an alternative fuel vehicle infrastructure project include:

(A) The cost of components, including all materials and supplies needed for the erection, construction, installation or acquisition of the proposed project;

(B) The costs to extend or increase the capacity of utility connections are only eligible if located within the property lines of the project location. Qualifying costs for utility connections for electric vehicle charging stations are also limited by location to:

(i) $5,000 for a Level 1, 120 volt AC or similar, electric vehicle charging station.

(ii) $15,000 for a Level 2, 240 volt AC or similar, electric vehicle charging station.

(iii) $30,000 for a DC Fast Charger, or similar, electric vehicle charging station.

(D) The cost of title searches, escrow fees, permit and license fees, excluding fees required by this rule, and shipping;

(E) Cost of work performed by the applicant’s employees or independent contractors if the following conditions are met:

(i) Employees or contractors must be certified, accredited, licensed or otherwise qualified to do the work;

(ii) The work must be associated with the erection, construction, installation or acquisition of the alternative fuel vehicle infrastructure project;

(iii) Project management and other similar costs may only account for up to 15 percent of the qualifying costs; and

(iv) Costs for employees’ or contractors’ work on the alternative fuel vehicle infrastructure project must be detailed and documented as to specific tasks, hours worked and compensation costs.

(F) Costs for legal counsel that are directly related to the development of an alternative fuel vehicle infrastructure project;

(G) Costs of training associated with the alternative fuel vehicle infrastructure project that is approved by the department; and

(H) Other costs the department determines should be included.

(b) Qualifying costs for an alternative fuel vehicle fleet project include:

(A) Incremental expenditure of new alternative fuel vehicles.

(B) Vehicle modification cost directly related to converting the fuel system of the vehicle to use alternative fuel, which are limited to new conversion component costs and labor to install the new components.

(A) Interest and warranty charges;

(B) Litigation or other operational-related legal fees and court costs;

(D) Donated, in-kind or volunteer labor and materials;

(E) Administrative costs to apply for grants, loans, tax credits or other similar funding for an alternative fuel vehicle project including, but not limited to the tax credit review charge, costs associated with the creation and development of the certified public accountant attestation letter and costs associated with securing a pass-through partner for the project;

(F) Routine operational, routine maintenance and repair costs associated with the alternative fuel vehicle project;

(G) Expenses that are deemed not to have a benefit to the alternative fuel vehicle project, including but not limited to, fines, penalties, entertainment, food, alcohol, gifts and lobbying;

(H) Any portion of the cost for an alternative fuel vehicle project that has previously received a tax credit or grant under ORS chapters 469 or 469B; and

(J) Other costs the department determines should be excluded.

(d) The department may do inspections to verify information reported on the preliminary certification application.

(e) An applicant may incur qualifying costs prior to the submission of an application, but may not begin installation or construction.

(5) If an application does not include all information needed to complete the technical review, the department may notify the applicant in writing, requesting additional information. If the department does not receive the requested information within 30 calendar days of the date of the notice, the department may deny the application.

(6) The department will notify the applicant in writing if the department denies the application during the technical review.

(7) If the department denies the application or reduces the tax credit during the technical review, the applicant may request reconsideration in writing within 60 days from the date of denial or reduction.

History

Statutory/Other Authority: ORS 469.040, 469B.326, 469B.332 & 469B.347
Statutes/Other Implemented: ORS 315.336 & 469B.320 - 469B.347
DOE 1-2017, f. & cert. ef. 1-25-17
DOE 7-2014, f. 10-10-14, cert. ef. 1-1-15
DOE 9-2012, f. 7-31-12, cert. ef. 8-1-12
DOE 2-2012(Temp), f. & cert. ef. 2-7-12 thru 8-3-12

Or. Admin. R. 330-220-0080 Preliminary Certification

(1) The department may issue a preliminary certificate if it determines that the alternative fuel vehicle project is technically feasible and capable of operating in accordance with the representations made by the applicant.

(2) The department may issue a tax credit that is less than the amount requested in the alternative fuel vehicle project application, pursuant to statute and applicable rules.

(3) The sum of any incentives, grants, credits, and the alternative fuel vehicle project incentive may not exceed total project costs.

(5) The applicant must report on the project’s status beginning one year from the issuing date of the preliminary certificate, unless the department has already received the project’s application for final certification. The applicant must continue to submit project progress reports to the department every six months after the initial report until the department receives the project’s application for final certificate. Failure to submit reports may result in revocation of the preliminary certification or denial of the final certification.

(6) A preliminary certification remains valid for a period of three calendar years after the date the department issues the preliminary certification or until the sunset of the program, whichever comes first.

(7) The department may revise a preliminary certificate to comply with statute, rule and the Opportunity Announcement or to correct clerical errors.

History

Statutory/Other Authority: ORS 469.040, 469B.326, 469B.332 & 469B.347
Statutes/Other Implemented: ORS 315.336 & 469B.320 - 469B.347
DOE 1-2017, f. & cert. ef. 1-25-17
DOE 7-2014, f. 10-10-14, cert. ef. 1-1-15
DOE 9-2012, f. 7-31-12, cert. ef. 8-1-12
DOE 2-2012(Temp), f. & cert. ef. 2-7-12 thru 8-3-12

Or. Admin. R. 330-220-0090 Amendments to Preliminary Certifications

(1) Amendments are documentation of changes to the project described in the application for preliminary certification.

(2) An applicant must submit requests for amendments prior to issuance of the final certification.

(3) Failure of an applicant to submit documentation to the department of changes to the project may result in denial of final tax credit certification.

(4) Changes to the project must be documented by the applicant. The applicant must submit an amendment request on the form specified in the Opportunity Announcement along with the required amendment fee, except that:

(a) Equipment substitutions that do not reduce the project’s capabilities, do not reduce the project’s capacity and are within five percent of the stated fuel displacement may be documented in the project’s status report, the final certification application form, an amendment request form or by notifying the department in writing. These changes do not require an amendment fee. The department may require the applicant to demonstrate that the change does not reduce the project’s capabilities, does not reduce the project’s capacity and is within five percent of the stated fuel displacement.

(b) A change of responsible party information may be documented by notifying the department in writing. These changes do not require an amendment fee.

(5) Undeclared changes found in the application for final certification or through later inspection must be documented by the applicant by submitting an amendment request on the form specified in the Opportunity Announcement with the required amendment fee. Undeclared changes that result in no reduction to the project’s capabilities, no reduction to the project’s capacity and are within five percent of the stated fuel displacement may be documented by the department through an inspection report or final review and do not require an amendment fee.

(6) When documenting a change, the applicant must demonstrate that the alternative fuel vehicle project, with the proposed change, will continue to meet the requirements of statute, rule and the Opportunity Announcement; be technically feasible; will operate as represented and would remain in operation for at least five years. The applicant has the responsibility to provide an amendment request with complete technical documentation supporting the proposed amendment. The department may deny amendments submitted without such justification.

(7) An amendment may result in a reduction in tax credit, but may not increase the tax credit amount certified in the preliminary certificate.

(8) If an amendment request does not include all information needed to complete the review, the department may provide the applicant a written request for additional information. If the applicant does not provide the requested information to the department within 30 calendar days of the date of the department’s written request, the department may deny the amendment request to amend the preliminary certification.

(9) Requests for amendments must include payment of the appropriate fee, unless provided otherwise in this rule.

(10) The department will decide whether to approve the request.

(a) If the amendment request is approved prior to submission the application for final certification, the department will draft an amended preliminary certification, which may contain new or amended conditions and requirements.

(b) If the amendment request is approved after submission of application for final certification, the department will notify the applicant in writing. The amendment may result in a reduction in tax credit and inclusion of conditions in the final certificate.

History

Statutory/Other Authority: ORS 469.040, 469B.326, 469B.332 & 469B.347
Statutes/Other Implemented: ORS 315.336 & 469B.320 - 469B.347
DOE 1-2017, f. & cert. ef. 1-25-17
DOE 7-2014, f. 10-10-14, cert. ef. 1-1-15
DOE 9-2012, f. 7-31-12, cert. ef. 8-1-12
DOE 2-2012(Temp), f. & cert. ef. 2-7-12 thru 8-3-12

Or. Admin. R. 330-220-0100 Final Certification

(1) An alternative fuel vehicle project must be completed and operating prior to applying for a final certification. An applicant must submit a request for an amendment prior to issuance of the final certification.

(2) The department will not review applications for final certification received after the expiration of the preliminary certification or without the final review fee. A preliminary certification remains valid for a period of three calendar years after the date the department issues the original preliminary certification or until the sunset of the program, whichever comes first.

(3) The applicant must submit the application on the current department-issued form and all sections must be completed.

(4) The department will review the application, and may conduct an inspection, to verify:

(a) That the alternative fuel vehicle project is complete and operating.

(b) Compliance with statute, rules and the preliminary certification.

(d) The lease or rental agreement if the infrastructure is leased or rented.

(e) That applicable fuel taxes and property taxes for the project location are current.

(f) That the alternative fuel vehicle project will be maintained and operated for at least five years by the project owner.

(g) The total project costs for acquisition of the project were paid in full.

(A) A certified public accountant must attest to the total project cost, or if the total project cost is less than $50,000, the applicant must submit copies of receipts for the project.

(i) The certified public accountant cannot be the project owner, nor permanently employed by the project owner or pass-through partner.

(ii) Receipts for proof of payment may include canceled checks, credit card statements, binding contracts and agreements.

(B) The application must demonstrate that contract and loan agreements directly related to the project are not in default.

(C) The application must include information regarding all incentives, regardless of source, applied for or received in connection with the project.

(D) For a capital lease, applicant must submit a copy of the lease and demonstrate that lease payments directly related to the project are not in default.

(E) Applicants must provide itemized documentation of the installed alternative fuel vehicle project. A detailed invoice or the public accountant’s attestation may be sufficient documentation.

(h) Other information the director considers necessary.

(5) If an application for final certification does not include all information needed to complete the final certification review, the department may ask the applicant, in writing, to submit additional information. If the department does not receive the requested information within 30 calendar days of the date of the notice requesting additional information, the department may deny the application for final certification.

(6) Applicants may not receive multiple tax credit certifications from the department for the same transportation project.

(8) The department will issue a final certification upon verification that the alternative fuel vehicle project is complete and that the project complies with statute, rules, the preliminary certification and any other applicable requirements.

(a) The department may issue a credit up to 35 percent of the certified cost. The department may certify a lesser tax credit amount than approved in the preliminary certificate, but may not certify a greater amount.

(b) The sum of any incentives, grants, credits or other public funds and the tax credit may not exceed total project costs.

(9) The department will send a written notification to applicants of its decision whether to issue a final certification within 60 days from the department receives a complete application for final certification. If more than 60 days pass from the date the department receives a complete application and the applicant has not received a written decision from the department, then the application is rejected and no further action will be taken. Any time required to provide additional information as provided in OAR 330-220-0100(5) is not included in this 60 day period.

(10) For purposes of administering the sunset of the alternative fuel vehicle transportation tax credit program under Oregon Laws 2011, chapter 730, section 54:

(a) The department must receive a complete application for final certification prior to the end of the 2017 tax year of the applicant.

(b) For applicants who choose to use the pass-through or transfer process, the entity purchasing the credit must pay for the tax credit prior to the end of its 2017 tax year.

History

Statutory/Other Authority: ORS 469.040, 469B.326, 469B.332 & 469B.347
Statutes/Other Implemented: ORS 315.336 & 469B.320 - 469B.347
DOE 1-2017, f. & cert. ef. 1-25-17
DOE 7-2014, f. 10-10-14, cert. ef. 1-1-15
DOE 9-2012, f. 7-31-12, cert. ef. 8-1-12
DOE 2-2012(Temp), f. & cert. ef. 2-7-12 thru 8-3-12

Or. Admin. R. 330-220-0150 Compliance and Pass-through

(1) All participants in this program are subject to OAR 330-230-0000 through 330-230-0150.

(2) The department may periodically inspect alternative fuel vehicle projects and related documents during the five-year term of the tax credit.

(3) If any alternative fuel vehicles that are part of a project receiving the tax credit are no longer in operation by applicant because they were sold, repossessed, destroyed or otherwise no longer in the applicant’s fleet, the applicant must notify the department within 30 days of the date that the vehicle was removed from the project owner’s fleet. This may cause the department to take action under ORS 469B.341.

History

Statutory/Other Authority: ORS 469.040, 469B.326, 469B.332 & 469B.347
Statutes/Other Implemented: ORS 315.336 & 469B.320 - 469B.347
DOE 1-2017, f. & cert. ef. 1-25-17
DOE 7-2014, f. 10-10-14, cert. ef. 1-1-15
DOE 9-2012, f. 7-31-12, cert. ef. 8-1-12
DOE 2-2012(Temp), f. & cert. ef. 2-7-12 thru 8-3-12

Division 225 TRANSIT SERVICES ENERGY INCENTIVES PROGRAM

Or. Admin. R. 330-225-0000 Applicability of Rules

These rules implement the incentive program for transit services established in House Bill 3672 (2011) and amended by House Bill 4079 (2012). The rules also provide procedures for submission, agency review and selection of transit services for preliminary and final certification of tax credits.

These rules apply to all applications for tax credits for transit services projects, as governed by ORS 469B.320 to 469B347.

History

Statutory/Other Authority: ORS 469.040 & 469B.347
Statutes/Other Implemented: ORS 469B.320–469B.347, 315.336 & OL 2012 Ch. 45
DOE 5-2012, f. & cert. ef. 6-11-12

Or. Admin. R. 330-225-0010 Definitions

For the purposes of this division, the following definitions apply:

(1) “Allocated project cost” means the amount of the transit services project’s cost that may be eligible for tax credits. The department calculates by dividing the amount of the potential tax credit available to each applicant, determined by the process in OAR 330-225-0050(6), by the tax credit rate in effect for that Opportunity Announcement.

(2) “Applicant” means a person who has applied for or who has received a preliminary certificate for a transit services energy incentives program tax credit.

(3) “Certified cost” means the cost certified in the final certification.

(4) “Cost” has the meaning given in ORS 469B.320.

(5) “Department” means the Oregon Department of Energy.

(6) “Director” means the director of the department.

(7) “Opportunity period” means the timeframe specified in an Opportunity Announcement for the department to accept applications for transit services.

(8) “Substantial Energy Savings” means a reduction of at least 10 percent in the energy used by the transit service compared to the equivalent energy use of single occupant vehicles traveling the same number of passenger miles.

(9) “Transit Services Provider” means a public or nonprofit entity that provides transit services to the public and that receives state or federal funding for those services, or is the direct recipient of funding from an entity that receives state or federal funding for the services.

(10) “Transit Services” means transportation by a conveyance that provides regular and continuing transportation to the public, but does not include school bus, charter or intercity passenger rail transportation.

(11) “Vehicle Miles Reduced” (VMR) means the difference in miles driven by the transit services compared to miles driven by single occupant vehicles.

History

Statutory/Other Authority: ORS 469.040 & 469B.347
Statutes/Other Implemented: ORS 469B.320–469B.347, 315.336 & OL 2012 Ch. 45
DOE 5-2012, f. & cert. ef. 6-11-12

Or. Admin. R. 330-225-0020 Opportunity Announcement

(1) The department will announce the availability of tax credits for transit services by issuing an Opportunity Announcement.

(2) The department will continually monitor the allocation of tax credits to ensure that the total amount of potential tax credits does not exceed the tax credit caps specified in ORS 469B.344.

(4) The Opportunity Announcement will include the following information:

(a) Objectives for the opportunity period;

(b) The amount and the percent level of tax credits available;

(d) Dates of the application opportunity period;

(e) Instructions and directions to the required application forms and materials;

(f) Minimum technical standards;

(g) The process the department will use to allocate tax credits; and

(h) Other information the department considers necessary.

History

Statutory/Other Authority: ORS 469.040 & 469B.347
Statutes/Other Implemented: ORS 469B.320–469B.347, 315.336 & OL 2012 Ch. 45
DOE 5-2012, f. & cert. ef. 6-11-12

Or. Admin. R. 330-225-0030 Preliminary Certification Application

(1) Any person may apply for preliminary certification by submitting a complete preliminary certification application. The application must meet requirements provided by statutes, these rules and the current Opportunity Announcement.

(a) The application must be in the form specified in the Opportunity Announcement and these rules.

(b) An applicant must submit a complete application during the opportunity period. For the purposes of this rule, the department considers an application ôsubmittedö when the department receives the application accompanied by the fee specified in these rules. The department will not process applications received outside of an opportunity period.

(2) The application must be accompanied by the fee specified in these rules. The department will not process applications received without fee payment.

(4) The application must include the following information, unless the department specifies otherwise in the Opportunity Announcement.

(a) The name of the applicant.

(A) If the applicant is a nonprofit entity, the application must include evidence of its nonprofit status.

(B) If the applicant is a public or governmental entity, the application must include written authorization from the entity’s governing body allowing submission of the application. An employee of the applicant may sign the application and attest they have the authority through their employment to apply for and receive transit services tax credits.

(b) The name, address, email address and telephone number of the responsible party for the applicant.

(c) The applicant’s federal tax identification number, which may be shared with the Oregon Department of Revenue to facilitate the administration of state tax law.

(d) A statement verifying that the applicant is the recipient or sub-recipient of state or federal funds, either confirmed or anticipated to be received for the services and period identified in the Opportunity Announcement.

(e) An identification of the types of State or Federal funds received or anticipated for the transit services included in the application, which may be an executive summary of the agreement or line item budget under which the applicant qualifies as a recipient or sub-recipient.

(f) The geographic area or region for which transit services will be provided.

(g) A calculation estimating the vehicle miles reduced (VMR).

(h) The period during which transit services will be provided.

(i) A statement of compliance with applicable state and local regulations and that the applicant will obtain required licenses and permits, including any legally required audits associated with the service.

(j) The number and type of new jobs that will be created by the transit services and the number of existing jobs that will be sustained throughout the operation of the transit services. Job estimates should be submitted in hours. These hours must be directly related to the transit services.

(k) The anticipated costs of providing the transit services.

(l) The amount of any anticipated or received incentives or grants directly related to the transit services.

(m) Current line item budget including labor, operations, maintenance, fuel, administrative costs and revenue that corresponds to the funding for the transit provider’s service.

(n) The dollar amount of tax credit requested by the applicant.

(o) If the applicant intends to include costs for performance of the transit services prior to the project period in the Opportunity Announcement, a written description of the special circumstances that rendered filing of an application prior to the start of performance unreasonable. Pre-qualified waivers may be provided in the Opportunity Announcement; a written description is not required for the period covered by a pre-qualified waiver.

(p) Other information the department considers necessary.

History

Statutory/Other Authority: ORS 469.040 & 469B.347
Statutes/Other Implemented: ORS 469B.320–469B.347, 315.336 & OL 2012 Ch. 45
DOE 5-2012, f. & cert. ef. 6-11-12

Or. Admin. R. 330-225-0040 Fees

The department adopts the following schedule of fees as provided by ORS 469B.335 for applicants. All fee payments are non-refundable, despite the results of the department’s review.

(1) Applicants must submit an application fee of $500 with their preliminary certification application.

(2) Applicants selected for technical review will be required to pay a technical review fee prior to that review. The fee amount is equal to the allocated project cost multiplied by 0.55 percent.

(3) Applicants requesting amendments to preliminary certifications must submit a fee of $300 with their amendment request.

(4) Applicants for final certification must submit with their application a final review fee. This fee amount is equal to the allocated project cost multiplied by 0.55 percent. All applicants seeking final certification for a project are required to apply for final review and pay the final review fee.

(5) Applicants that transfer their tax credit to a pass-through partner must pay a pass-through fee. The fee is due after a pass-through partner has been identified and before the department can issue a tax credit.

(a) If the department assists the applicant in obtaining a pass-through partner or partners, the fee for that assistance is 1.25 percent of the tax credit amount plus $100 per tax certificate issued.

(b) If the department does not assist the applicant in obtaining a pass-through partner, the fee is $200 per tax credit certificate issued.

(6) Applicants issued a tax credit that choose to have their tax credit re-issued to a transferee must pay a transfer fee of $200 plus $100 per tax credit certificate issued.

(7) If an applicant fails to pay fees timely as required by this rule, the department may reject the pending application and discontinue the review.

History

Statutory/Other Authority: ORS 469.040, 469B.335 & 469B.347
Statutes/Other Implemented: ORS 469B.320–469B.347 & 315.336
DOE 3-2013, f. & cert. ef. 10-2-13
DOE 5-2012, f. & cert. ef. 6-11-12

Or. Admin. R. 330-225-0050 Completeness Review and Allocation of Potential Tax Credits

(1) The department will determine the allocation of potential tax credits as detailed in the Opportunity Announcement prior to beginning review of an application.

(2) Tax credits must be claimed over a five year period as required by ORS 315.336, and as shown below:

(a) If a preliminary certification is issued on or after January 1, 2012, and before January 1, 2013, the tax credit is 25 percent of certified cost. The tax credit allowed in each of five tax years is 5 percent of the certified cost.

(b) If a preliminary certification is issued on or after January 1, 2013, and before January 1, 2014, the tax credit is 20 percent of certified cost. The tax credit allowed in each of five tax years is 4 percent of the certified cost.

(c) If a preliminary certification is issued on or after January 1, 2014, and before January 1, 2015, the tax credit is 15 percent of certified cost. The tax credit allowed in each of five tax years is 3 percent of the certified cost.

(d) If a preliminary certification is issued on or after January 1, 2015, and before January 1, 2016, the tax credit is 10 percent of certified cost. The tax credit allowed in each of five tax years is 2 percent of the certified cost.

(3) The department will review all preliminary certification applications to determine whether:

(a) All sections of the application are complete as outlined in the Opportunity Announcement.

(b) The applicant has submitted the required fee.

(d) The applicant is applying prior to the performance of the project.

(A) If the applicant applies after performance of the project has started, the department will deny the application unless a written explanation of the special circumstances is received and approved by the director. The director may pre-qualify waivers as provided in the Opportunity Announcement; a written description is not required for the period covered by a pre-qualified waiver.

(B) Failing to submit a timely application or not being selected for a grant or tax credit under this or prior department programs does not constitute special circumstances.

(e) The transit services are located in Oregon.

(f) Other requirements described in the Opportunity Announcement have been met.

(4) If the department finds that the application is complete, the application will be included in the process used to allocate potential tax credits.

(5) The department will deny all incomplete applications and notify applicants in writing of the reason for denying the application.

(6) If the department receives applications with a total amount of requested potential tax credits in excess of the amount available for the Opportunity Announcement, the department will use the following process to allocate potential tax credits between applicants. The department will:

(a) Include all complete applications received within the opportunity period in the allocation process.

(b) Sum the total requested tax credit amount of all complete applications and determine the percent of the total requested tax credit amount represented by each application.

(d) If step (c) results in a total of less than 100 percent, re-allocate the percentage points between applications, excluding those restricted to 20 percent.

(e) Repeat the reduction (c) and re-allocation (d) steps until all the available tax credits are allocated.

(f) Calculate the potential tax credit allocated to each application to ensure no application is allocated more than the requested amount.

(g) If an application is allocated more than the requested amount, allocate the additional amount proportionately to applicants restricted to 20 percent of the total.

(7) The department will notify applicants of the amount of potential tax credit allocated and the fee payment required for technical review.

(8) If the allocation of potential tax credits to an applicant is reduced during the same biennium that the tax credits were first allocated, the department may reallocate the unallocated potential tax credits to applicants from the same Opportunity Announcement that were allocated less than their requested amount.

(9) The department considers the completeness review as a test; the decision to deny an incomplete application is not subject to review under ORS Chapter 183.

History

Statutory/Other Authority: ORS 469.040 & 469B.347
Statutes/Other Implemented: ORS 469B.320–469B.347, 315.336 & OL 2012 Ch. 45
DOE 5-2012, f. & cert. ef. 6-11-12

Or. Admin. R. 330-225-0070 Technical Review

(1) Once the applicant has paid the technical review fee, the department will conduct a technical review of transit services project applications advanced from the completeness review process. If the applicant does not submit the required technical review fee to the department within 21 calendar days of mailing of the notification for technical review, the department may deny the application.

(2) The department will review the information provided in the application against industry standards to determine whether the service will operate as represented by the applicant.

(3) To be eligible the transit services must meet the following requirements:

(a) The project must meet the requirements of the statutes, these rules and the Opportunity Announcement. Transit services may operate for a period of less than five years.

(b) The applicant must be the owner, contract purchaser or project lessee at the time of the project’s performance.

(c) The applicant must be a recipient or sub-recipient of state or federal funds for the transit services included in the application.

(A) “Recipient” refers to the entity that directly receives funds from the state or federal agency for transit services.

(B) “Sub-recipient” refers to the entity that directly receives state or federal funds from a recipient for transit services. Vendors or contractors of recipients who are not an owner, contract purchases or lessee of the project are not considered sub-recipients and may not submit applications.

(4) The department will review transit services costs for eligibility. If a cost is eligible under the agreement that qualifies the applicant as a recipient or sub-recipient, it will be considered a qualifying service cost. The application must document cost by providing a line item budget.

(a) Transit services cost may include:

(A) Costs for all materials and supplies needed for the performance of the proposed transit services;

(B) Cost of work performed by employees or independent contractors of the applicant based on the following conditions:

(i) Employees or contractors must be certified, accredited, licensed or otherwise qualified to do the work;

(ii) The work must be associated with the performance of the transit services for which state or federal funds were received;

(iii) Fiscal administration costs, which may include accounting, auditing, contract management and fiscal reporting expenses and other similar costs for the transit services may not exceed 20 percent of the eligible costs; and

(iv) Costs for employees’ or contractors’ work on the transit services must be detailed and documented as to specific tasks, hours worked and compensation costs. This cost may include employee benefits and taxes.

(D) Other costs the department determines should be included.

(b) Qualifying transit services cost does not include items that are ineligible under the standards for federal Office of Management and Budget Circular A-87 as in effect on May 10, 2004 or A-122 as in effect on May 10, 2004.

(6) The department will notify the applicant in writing if the department denies the application during the technical review.

(7) If the technical review determines that inaccurate information was submitted by the applicant during the allocation of tax credits, the department may reduce the amount of potential tax credit allocated to the applicant.

History

Statutory/Other Authority: ORS 469.040 & 469B.347
Statutes/Other Implemented: ORS 469B.320–469B.347, 315.336 & OL 2012 Ch. 45
DOE 5-2012, f. & cert. ef. 6-11-12

Or. Admin. R. 330-225-0080 Preliminary Certification

(1) The department may issue a preliminary certificate if it determines that the transit services are technically feasible and capable of operating in accordance with the representations made by the applicant. The department may issue a tax credit that is less than the amount requested in the transit services application, pursuant to statute and applicable rules.

(2) The sum of any state or federal funding and the transit services incentive may not exceed project costs.

(3) The preliminary certificate will state the qualifying project cost, the potential amount of allowable tax credit and any conditions for claiming the credit.

(4) A preliminary certification remains valid for a period of three calendar years after the date the department issues the original preliminary certification or until the sunset of the program, whichever comes first.

History

Statutory/Other Authority: ORS 469.040 & 469B.347
Statutes/Other Implemented: ORS 469B.320–469B.347, 315.336 & OL 2012 Ch. 45
DOE 5-2012, f. & cert. ef. 6-11-12

Or. Admin. R. 330-225-0090 Amendments to Preliminary Certifications

(1) The applicant must notify the department of any changes to the project described in the application for preliminary certification.

(2) An applicant must declare all changes to the transit services by the time the department receives the final certification application. Undeclared changes found in the application for final certification or through later inspection may result in denial of final tax credit certification.

(3) The applicant must submit an amendment request to the director to amend a transit services preliminary certification for any changes to the project.

(4) Applicants must submit amendments on the form specified in the Opportunity Announcement.

(5) The applicant must demonstrate that the transit services project, with the proposed change, would continue to be technically feasible and would operate as represented. The applicant has the responsibility to provide an amendment request with complete documentation that will support a case for the proposed amendment. The department may deny amendments submitted without such justification.

(6) An amendment may result in a reduction in tax credit, but may not increase the tax credit amount certified in the preliminary certificate.

(7) If an amendment request does not include all information needed to complete the review, the department may provide the applicant a written request for additional information. If the applicant does not provide the requested information to the department within 30 calendar days, the department may deny the request to amend the preliminary certification.

(8) Requests for amendments must include payment of the appropriate fee. The department may accept non-substantive changes, such as change of contact information, without payment of the fee.

(9) The department will decide whether to approve the amendment request.

(a) If approved, the department will draft an amended preliminary certification, which may contain new or amended conditions and requirements.

(b) If denied, the department will notify the applicant in writing. The notice will include the reasons for the denial of the amendment request.

History

Statutory/Other Authority: ORS 469.040 & 469B.347
Statutes/Other Implemented: ORS 469B.320–469B.347, 315.336 & OL 2012 Ch. 45
DOE 5-2012, f. & cert. ef. 6-11-12

Or. Admin. R. 330-225-0100 Final Certification

(1) Transit services projects must be completed prior to applying for a final certification. An applicant must submit amendments to preliminary certifications prior to or at the time of submission of the final certification application.

(2) The department will not review applications for final certification received after the expiration of the preliminary certification or without the final review fee.

(3) The applicant must submit the application on the current department-issued form and all sections must be completed.

(4) The department will review the application, and may conduct an inspection, to verify:

(a) That the transit services project was completed.

(b) Compliance with statute, rules, the relevant Opportunity Announcement and the preliminary certification.

(d) That the transit services project was maintained and operated for the period specified in the preliminary certification.

(e) The costs for performance of the project were paid in full.

(A) The applicant must verify the actual costs of the project by providing an attestation of costs provided by a certified public accountant or a copy of a completed audit, in compliance with federal Office of Management and Budget Circular A-133 as in effect on June, 2010 or if the cost is less than $50,000 the applicant must submit copies of receipts for the project.

(i) The certified public accountant cannot be the project owner, nor permanently employed by the project owner or pass-through partner.

(ii) Receipts for proof of payment may include canceled checks, credit card statements, binding contracts or agreements.

(iii) The department may waive the requirement for a certified public accountant attestation of costs if the entity has been the subject of an audit conducted within the two years prior to the date at which the final application is received and the audited accounts include the costs of the transit services project.

(B) The application must demonstrate that contract or loan agreements directly related to the project are not in default.

(C) The application must include information regarding all incentives and grants, regardless of source, applied for or received in connection with the project.

(f) Other information the director considers necessary.

(6) The department will notify the applicant, in writing, if the department denies the application during final review. An applicant may submit a written request for reconsideration within 60 days after the department issues a decision on a final certification.

(7) The department will issue a final certification upon verification that performance of the transit services are complete and that the project complies with statute, rules, the relevant Opportunity Announcement, the preliminary certification and any other applicable requirements.

(a) The department may certify a lesser tax credit amount than approved in the preliminary certificate, but may not certify a greater amount.

(b) The sum of any state or federal funding and the tax credit may not exceed final project costs.

(c) If the final certification review determines that the final costs are less than the information submitted by the applicant during the allocation of tax credits, the department may reduce the amount of tax credit certified.

(8) The department will send a written notification to the applicant of its decision whether to issue a final certification within 60 days after the department receives a complete application for final certification. If more than 60 days pass from the date the applicant submits a complete application and the applicant has not received a written decision from the department, then the application is rejected and no further action will be taken. Any time required to provide additional information as provided in OAR 330-225-0100(5) is not included in this 60 day period.

History

Statutory/Other Authority: ORS 469.040 & 469B.347
Statutes/Other Implemented: ORS 469B.320–469B.347, 315.336 & OL 2012 Ch. 45
DOE 5-2012, f. & cert. ef. 6-11-12

Or. Admin. R. 330-225-0150 Compliance and Pass-through

All participants in this program are subject to OAR 330-230-0000 through 330-230-0150.

History

Statutory/Other Authority: ORS 469.040 & 469B.347
Statutes/Other Implemented: ORS 469B.320–469B.347, 315.336 & OL 2012 Ch. 45
DOE 5-2012, f. & cert. ef. 6-11-12

Division 230 COMPLIANCE AND PASS THROUGH

Or. Admin. R. 330-230-0000 Applicability of Rules in OAR 330, Division 230

These rules provide procedures for compliance activities and pass-through transactions for the incentive programs established in House Bill 3672 (2011) and amended by House Bill 4079 (2012). The compliance rules in OAR 330-230-0010 to 330-230-0060 apply to all applicants for energy incentive programs for energy conservation, transportation and renewable energy grants as governed by ORS 469B. The pass-through rules in OAR 330-230-0110 to 330-230-0150 apply to all applicants for the energy incentive program for energy conservation projects as governed by ORS 469B.270 through 469B.306 and transportation projects as governed by 469B.320 through 469B.347.

History

Statutory/Other Authority: OL 2011, Ch. 730 & Sec. 34 - 51
Statutes/Other Implemented: OL 2011, Ch. 730 & Sec. 34 - 51
DOE 7-2012, f. & cert. ef. 6-19-12
DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12

Or. Admin. R. 330-230-0010 Definitions

For the purposes of OAR 330-230-0010 to 330-230-0060 the following definitions apply:

(1) “Department” means the Oregon Department of Energy.

(2) “Director” means the director of the department.

(3) “Period of operation” means:

(a) For an Energy Conservation Project or a Transportation Project, five years from the date of issuance of the tax credit certificate.

(b) For a Renewable Energy Production System, five years from the date of final payment under the Performance Agreement.

(4) “Project” means the system, activity or facility under inspection or review by the department.

(5) “Project inspection” means a physical examination by the department of an Energy Conservation Project or a Transportation Project to determine if the project conforms to the Preliminary Certificate or application for preliminary certification.

(6) “Project review” means an examination by the department of the records, facilities or operations of an applicant for a Renewable Energy Development grant.

History

Statutory/Other Authority: OL 2011, Ch. 730 & Sec. 34 - 51
Statutes/Other Implemented: OL 2011, Ch. 730 & Sec. 34 - 51
DOE 7-2012, f. & cert. ef. 6-19-12
DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12

Or. Admin. R. 330-230-0020 Purpose of Inspection or Review

(1) The department may require project inspection or project review at any time from the date of initial application through the end of a project’s period of operation.

(2) Inspections or reviews may be conducted by the department to verify:

(a) The amount certified for a credit,

(b) Completion of a project,

(d) Ownership of a project,

(e) Compliance with the preliminary certificate or application for preliminary certification and any amendments,

(f) Compliance with a performance agreement, or

(g) Compliance with ORS Chapter 469B and any applicable rules or standards adopted by the director.

(3) The applicant or its designated representative must be present during the inspection or review.

History

Statutory/Other Authority: OL 2011, Ch. 730 & Sec. 34 - 51
Statutes/Other Implemented: OL 2011, Ch. 730 & Sec. 34 - 51
DOE 7-2012, f. & cert. ef. 6-19-12
DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12

Or. Admin. R. 330-230-0030 Selection of Projects, Notice

(1) Criteria for selecting projects for inspection or review includes, but is not limited to, consideration of project cost, type and location.

(2) The department will provide the applicant written notice of the inspection or review in advance of the planned inspection or review date.

History

Statutory/Other Authority: OL 2011, Ch. 730 & Sec. 34 - 51
Statutes/Other Implemented: OL 2011, Ch. 730 & Sec. 34 - 51
DOE 7-2012, f. & cert. ef. 6-19-12
DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12

Or. Admin. R. 330-230-0040 Project Access

(1) The applicant must provide safe access to all areas of the project the department reasonably considers necessary to complete the inspection.

(2) The exact safety needs and requirements will be specific to each project and may include, but are not limited to, a secure ladder or stairs for access, and notice of any hazardous conditions.

(3) The department will not inspect a portion of a facility where the access provided presents, in the opinion of the department, an unreasonable risk to personal safety.

History

Statutory/Other Authority: OL 2011, Ch. 730 & Sec. 34 - 51
Statutes/Other Implemented: OL 2011, Ch. 730 & Sec. 34 - 51
DOE 7-2012, f. & cert. ef. 6-19-12
DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12

Or. Admin. R. 330-230-0050 Inspection or Review Outcomes

(1) A project will pass inspection or review if sufficient information is available for the department to verify the statements made in an application, or conformance with conditions of a certification or performance agreement.

(2) The department may record that the inspected project has failed an inspection if:

(a) The applicant fails to provide a reasonable opportunity for the department to conduct an inspection or review,

(b) The applicant fails to provide sufficient and safe access to the project,

(d) The applicant or project owner misses a scheduled inspection or review appointment without notice to the department,

(e) The project does not conform to the preliminary certificate, application for preliminary certification, ORS chapter 469B or any applicable rules or standards adopted by the director, or

(f) The project does not comply with the performance agreement.

(3) The department will review and may approve an application for a project that has failed a project inspection, if the applicant provides information explaining the reason or justification for the discrepancies and demonstrates the reason for the failure noted under (2)(e) and (2)(f) of this section. The project must also meet all other program requirements. Applicants must submit requested information within 30 calendar days of notification of the failed inspection.

History

Statutory/Other Authority: OL 2011, Ch. 730 & Sec. 34 - 51
Statutes/Other Implemented: OL 2011, Ch. 730 & Sec. 34 - 51
DOE 7-2012, f. & cert. ef. 6-19-12
DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12

Or. Admin. R. 330-230-0060 Failed Inspections or Reviews, Notice, Reconsideration

(1) The department may deny a tax credit or grant to, or may take action to recover any tax credit or grant already issued from, an applicant who has not resolved the problem identified in a failed project inspection or review.

(2) The department will provide written notice to the applicant explaining the reason for a denial, suspension or revocation of a tax credit certificate or grant due to a failed project inspection or review.

(3) The applicant may request reconsideration of the failed project inspection or review. A request for reconsideration must be received by the department within 30 calendar days of the date of the notice of failure.

(4) A request for reconsideration must include an explanation of why the applicant believes the project should pass inspection or review, a request for a new inspection or review and payment of the required re-inspection fee.

(5) The department may waive all or part of the re-inspection fee if it denies the request for reconsideration or accepts the applicant’s explanation of special circumstances for the failure of the inspection or review.

History

Statutory/Other Authority: OL 2011, Ch. 730 & Sec. 34 - 51
Statutes/Other Implemented: OL 2011, Ch. 730 & Sec. 34 - 51
DOE 7-2012, f. & cert. ef. 6-19-12
DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12

Or. Admin. R. 330-230-0110 Definitions for Pass-Through

For the purposes of OAR 330-230-0110 to 330-230-0150 the following definitions apply:

(1) “Department” means the Oregon Department of Energy.

(2) “Pass-through amount” means the amount, equal to the present value of the credit calculated in accordance with the formula set out in OAR 330-230-0130, paid to an applicant in exchange for the right to claim the tax credit.

(3) “Pass-through partner” means an individual or entity that pays the pass-through amount to an applicant and receives the tax credit certificate in place of the applicant.

(4) “Transferee” means an individual or entity that pays the pass-through amount to an applicant that has been issued the tax credit certificate, and receives a re-issued tax credit certificate in place of the applicant.

History

Statutory/Other Authority: OL 2011, Ch. 730 & Sec. 34 - 51
Statutes/Other Implemented: OL 2011, Ch. 730 & Sec. 34 - 51
DOE 7-2012, f. & cert. ef. 6-19-12
DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12

Or. Admin. R. 330-230-0120 Pass-Through Eligibility

(1) An applicant eligible to receive a tax credit may transfer the credit in return for a cash payment.

(2) An eligible individual or entity that pays the present value to purchase the approved tax credit from the applicant is eligible to claim the tax credit in place of the original applicant.

(3) A tax credit may be transferred one time only, from the applicant to an eligible pass-through partner.

(4) A tax credit that has been transferred to a pass-through partner may be first claimed during the tax year of the pass-through partner in which the pass-through partner paid for the credit, in accordance with ORS 469B.297(3) or 469B.338(3).

History

Statutory/Other Authority: OL 2011, Ch. 730 & Sec. 34 - 51
Statutes/Other Implemented: OL 2011, Ch. 730 & Sec. 34 - 51
DOE 7-2012, f. & cert. ef. 6-19-12
DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12

Or. Admin. R. 330-230-0130 Pass-Through Amount

(1) The following formulas will be used to calculate the present value of the tax credit for transfer purposes:

(a) For tax credits that may be claimed over 5 succeeding tax years, the formula is: Tax Credit Amount/[1 + (3(5 year Treasury yield rate) – 3 year net rate of change for the urban CPI for the west region)]^5 = Present Value

(b) For tax credits that may be claimed in one tax year the formula is: Tax Credit Amount/[1 + (2(2 year Treasury yield rate) – net rate of change for the urban CPI for the west region)]^1 = Present Value

(2) Using the formulas in (1)(a) and (b) of this rule, the department will review and recalculate the present value of the tax credit on a quarterly basis and will publish the results on the department’s web page. The department will use the rates in effect on the 15th of March, June, September and December to calculate the present value for the quarter beginning on the first of the following month.

(3) In the event of a deflationary environment, the department may adjust the formulas in section (1), by adding the urban CPI for the western region, to ensure the present value is less than the certified tax credit amount.

(4) If an applicant elects to transfer the tax credit, the pass-through amount is determined by the present value in effect on the date the department receives the complete application for preliminary certification or the complete informational filing. Amendments will not change the pass-through rate.

History

Statutory/Other Authority: OL 2011, Ch. 730 & Sec. 34 - 51
Statutes/Other Implemented: OL 2011, Ch. 730 & Sec. 34 - 51
DOE 7-2012, f. & cert. ef. 6-19-12
DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12

Or. Admin. R. 330-230-0140 Pass-Through Process

(1) An applicant planning to transfer the tax credit must select the pass-through option on the final certification application.

(2) If a pass-through partner has not been identified at the time of the preliminary certification application, the applicant must note “partner to be identified” and submit additional information when the pass-through partner is identified.

(3) If an applicant chooses to transfer the tax credit, the application for final certification must include a complete, signed pass-through partner agreement form.

(4) When an applicant chooses to transfer a tax credit, the department may hold the application for final certification until pass-through partner information is received by the department. Any application in which the applicant has indicated a choice to transfer the tax credit is not a “completed application” until the department receives the completed final certification application form, the appropriate fee and the completed pass-through partner agreement form for the tax credit, or portion of the tax credit, being transferred to that pass-through partner.

(5) If the tax credit is being transferred to more than one pass-through partner, the certification period for each partner will begin during the tax year the partner pays for the credit.

(6) The department will not issue a tax credit certificate to a pass-through partner until the appropriate criteria, conditions and requirements of the preliminary certification and these rules are satisfied.

(7) For purposes of administering the sunset of the program, the department may issue a tax credit to an applicant, even though the applicant previously indicated a choice to transfer the tax credit to a pass-through partner, if the department has not received a completed application that includes the signed pass-through partner agreement form at least 60 calendar days prior to the sunset date for the program. A tax credit will be issued to an applicant if the applicant and the project meet all applicable requirements and the only reason the application for final certification is incomplete is because the pass-through partner agreement form is not complete.

(8) The department will issue a tax credit certificate to the pass-through partner when the applicant confirms receipt of a payment equal to the present value of the tax credit and the applicant relinquishes any claim to the credit.

History

Statutory/Other Authority: OL 2011, Ch. 730 & Sec. 34 - 51
Statutes/Other Implemented: OL 2011, Ch. 730 & Sec. 34 - 51
DOE 7-2012, f. & cert. ef. 6-19-12
DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12

Or. Admin. R. 330-230-0150 Transfer of Tax Credits Issued to an ApplicantTransfer of tax credits issued to an applicant

(1) An applicant who has been issued a tax credit certificate may transfer the tax credit to an eligible transferee through the department process provided by these rules, provided the transfer occurs within 12 months of the issuance of the tax credit certificate to the applicant.

(2) If an applicant uses any portion of the tax credit it may not be transferred, in accordance with ORS 469B.297(2) or 469B.338(2).

(3) The department will not provide assistance in locating a transferee.

(4) A tax credit certificate may only be re-issued once, upon a transfer from the applicant to the transferee.

(5) Tax credit certificates may be re-issued only in the names of the individual or entity transferee in order to be able to claim the transferred credit.

(6) The transferee may not claim the credit for a tax year prior to the year in which the transferee pays for the credit. If the applicant has not received the payment when the application is submitted, the tax credit certificate will be dated to reflect that the tax credit period begins as of the date the applicant states payment is expected to be received.

(7) The applicant must submit a complete tax credit transfer application and the required fee to the department. The transfer application must:

(a) Include an affidavit from the project owner affirming that no portion of the tax credit has been claimed and that the project owner has received a cash payment equal to the present value of the credit from the transferee, as calculated under these rules.

(b) Provide power of attorney to authorize the department to confirm with the Oregon Department of Revenue that no portion of the tax credit has been claimed.

(8) Upon compliance with this rule and any other applicable requirements, the department will re-issue the tax credit certificate to the transferee.

History

Statutory/Other Authority: OL 2011, Ch. 730 & Sec. 34 - 51
Statutes/Other Implemented: OL 2011, Ch. 730 & Sec. 34 - 51
Reverted to DOE 7-2012, f. & cert. ef. 6-19-12
DOE 1-2015(Temp), f. & cert. ef. 3-23-15 thru 9-18-15
DOE 7-2012, f. & cert. ef. 6-19-12

Division 240 SOLAR PLUS STORAGE REBATE PROGRAM

Or. Admin. R. 330-240-0000 Purpose and Applicability of Rules in Division 240

(1) The purpose of these rules is to implement a solar plus storage rebate program established by Oregon Laws 2019, chapter 655 (House Bill 2618). The rules provide procedures for: submitting reservation and rebate requests, calculating rebate amounts, agency review of reservation and rebate requests, and agency audits and inspections to ensure compliance.

(2) The eligibility requirements in these rules apply to any contractor, customer, or installation associated with an application to reserve or claim a rebate under the program.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2019 chapter 655 (House Bill 2618)
Statutes/Other Implemented: Oregon Laws 2019 chapter 655 (House Bill 2618)
DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020

Or. Admin. R. 330-240-0010 Definitions for Division 240

(1) “Completion date” means the date as of which a solar electric system, energy storage system, or paired solar and storage system has passed its final inspection by the authority having jurisdiction.

(2) “Contractor” has the definition given in Oregon Laws 2019 Chapter 655 Section 1(1) and means a person whose trade or business consists of offering for sale solar electric systems or paired solar and storage systems or of providing construction, installation, or design services for solar electric systems or paired solar and storage systems.

(3) “DC” means direct current electricity.

(4) “Department” means the Oregon Department of Energy.

(5) “Director” means the director of the Oregon Department of Energy.

(6) “Eligible project cost” means the costs allowed for determining the rebate, including solar photovoltaic modules, mounting structure and hardware, associated electrical equipment, energy storage system equipment, and labor costs.

(7) “Energy storage system” has the definition given in Oregon Laws 2019 Chapter 655 Section 1(3) and means commercially available technology that is capable of retaining energy, storing the energy for a period of time, and transmitting the energy after storage.

(8) “Household” means all individuals who reside in the place of residence, including all family members and roommates who are not related and not part of a separate lease agreement.

(9) “Ineligible project cost” means the costs not allowed for determining the rebate, including, but not limited to, financing charges, maintenance costs, service contracts, extended warranties, reroofing, or costs for auxiliary distribution systems such as electric vehicle charging stations.

(10) “Low- or moderate-income residential customer” means a residential electrical utility customer whose household income is less than or equal to 100 percent of state median income adjusted for household size.

(11) “Net cost” has the definition given in Oregon Laws 2019 Chapter 655 Section 1(5) and means the actual cost of the purchase, construction, and installation of a solar electric system or a paired solar and storage system, minus any incentive received for the system from the electric utility serving the customer for which the system is installed.

(12) “Pair” has the definition given in Oregon Laws 2019 Chapter 655 Section 1(6) and means pairing an energy storage system with a solar electric system such that the energy storage system provides storage capacity for electrical energy produced by the solar electric system.

(13) “Paired solar and storage system” has the definition given in Oregon Laws 2019 Chapter 655 Section 1(7) and means a solar electric system and an energy storage system purchased together, constructed, and installed by the same contractor and paired such that the energy storage system provides storage capacity for electrical energy produced by the solar electrical system.

(14) “Program” means the solar plus storage rebate program established by Oregon Laws 2019, chapter 655 (House Bill 2618).

(15) “Purchase date” means the date that a contract for purchase of a solar energy system, energy storage system, or paired solar and storage system is signed by both the contractor and the customer for which the system is installed.

(16) "Residential customer" means the owner-occupant of a residential dwelling. An occupant who is the trustee of a trust that is the owner of a residential dwelling, is considered to meet the definition of residential customer.

(17) “Solar electric system” has the definition given in Oregon Laws 2019 Chapter 655 Section 1(8) and means any system, mechanism or series of mechanisms, including photovoltaic systems, that uses solar radiation to generate electrical energy.

(18) “Utility incentive” means financial assistance that lowers the capital cost of a solar electric system, energy storage system, or paired solar and storage system and that is provided directly from an electric utility as defined in ORS 757.600 or from funds provided by the Energy Trust of Oregon pursuant to ORS 757.612.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2019 chapter 655 (House Bill 2618)
Statutes/Other Implemented: Oregon Laws 2019 chapter 655 (House Bill 2618)
DOE 1-2026, amend filed 04/28/2026, effective 04/29/2026
DOE 3-2022, amend filed 04/13/2022, effective 04/15/2022
DOE 1-2020, amend filed 05/28/2020, effective 05/28/2020
DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020

Or. Admin. R. 330-240-0020 Contractor Eligibility

(1) In order to participate in the program, a contractor must meet the eligibility requirements provided in these rules. Once the Department has confirmed a contractor’s eligibility, the contractor will receive login credentials to use the software system designated by the Department to receive and track reservation applications.

(2) The Department may begin accepting contractor registrations January 1, 2020. The Department may continue to accept new contractor registrations throughout the duration of the program until all funds allocated to the program have been spent or the sunset of the program, whichever comes first.

(3) A contractor must meet the eligibility requirements listed below and submit appropriate documentation to the Department. The Department will verify the completeness and accuracy of information submitted by a contractor as part of the contractor registration process.

(a) A contractor that constructs or installs a solar electric system, energy storage system, or paired solar and storage system, or a subcontractor that constructs or installs a solar electric system, energy storage system, or paired solar and storage system on behalf of a contractor that offers such systems for sale, must hold any license, bond, insurance or permit required to construct or install a solar electric system, energy storage system, or a paired solar and storage system. The contractor or any subcontractors performing construction or installation must maintain all applicable licenses, bonds, insurance or permits throughout the construction and installation period until the solar electric system, energy storage system, or paired solar and storage system is complete.

(b) If the contractor is an Energy Trust of Oregon solar trade ally who is currently eligible to apply for Energy Trust of Oregon incentives on behalf of customers, the contractor is eligible to register for the program and make reservations under the program. Contractors are required to notify the Department within five business days of becoming ineligible to apply for Energy Trust of Oregon incentives.

(c) If the contractor is not an Energy Trust of Oregon solar trade ally, the contractor must meet at least one of the following requirements:

(A) The contractor either holds, or employs an individual holding, the PV Installation Professional (PVIP) certification administered by the North American Board of Certified Energy Practitioners (NABCEP), or the contractor employs both a PV Installer Specialist (PVIS) certified by NABCEP and a person with the NABCEP PV Technical Sales (PVTS) certification.

(B) The contractor is identified as an approved solar PV installer on a list maintained by an electric utility as defined in ORS 757.600 serving customers in Oregon.

(4) The Department reserves the right to verify all applicable licenses, bonds, insurance, permits or certifications of a contractor at any time, including a contractor’s status as a solar trade ally with Energy Trust of Oregon.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2019 chapter 655 (House Bill 2618)
Statutes/Other Implemented: Oregon Laws 2019 chapter 655 (House Bill 2618)
DOE 1-2026, amend filed 04/28/2026, effective 04/29/2026
DOE 3-2022, amend filed 04/13/2022, effective 04/15/2022
DOE 1-2021, temporary amend filed 08/31/2021, effective 09/01/2021 through 02/27/2022
DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020

Or. Admin. R. 330-240-0030 Project Eligibility

To be eligible for a rebate for the sale, construction, or installation of a solar electric system, energy storage system that will be paired at the time of installation with a previously purchased and installed solar electric system, or a paired solar and storage system, the system must meet the following requirements:

(1) The solar electric system, energy storage system, or paired solar and storage system must be installed by an eligible contractor. The contractor may use subcontractors in the construction or installation of a solar electric system, energy storage system, or paired solar and storage system; however, all firms and individuals working on the construction or installation of a solar electric system, energy storage system, or paired solar and storage system, whether working on behalf of the contractor or a subcontractor, must hold any license, bond, insurance or permit required for the work performed.

(2) In the case of a paired solar and storage system, the solar electric system and energy storage system must be purchased together from the same eligible contractor.

(3) In the case of a paired solar and storage system, the solar electric system and associated energy storage must be constructed and installed by the same eligible contractor or a subcontractor working for the eligible contractor, as provided in subparagraph (1), such that the energy storage system provides storage capacity for electrical energy produced by the solar electric system.

(4) In the case of a paired solar and storage system, the system must include a minimum of one kilowatt DC of solar electric nameplate capacity for every five kilowatt-hours of battery storage.

(5) In the case of an energy storage system that will be paired at the time of installation with a previously purchased and installed solar electric system, the paired system must include a minimum of one kilowatt DC of solar electric nameplate capacity for every five kilowatt-hours of battery storage.

(6) The purchase contract for a solar electric system, energy storage system, or paired solar and storage system must be signed on or after January 1, 2020.

(7) A contractor must submit a reservation application before starting construction or installation of a solar electric system, energy storage system, or paired solar and storage system in order to be eligible for a rebate.

(8) The solar electric system, energy storage system that will be paired at the time of installation with a previously purchased and installed solar electric system, or paired solar and storage system must be installed on real property in Oregon.

(9) The solar electric system, energy storage system that will be paired at the time of installation with a previously purchased and installed solar electric system, or paired solar and storage system must benefit a residential customer or a low-income service provider as defined in these rules.

(10) The solar electric system, energy storage system, or paired solar and storage system must consist of new equipment.

(11) In the case of a solar electric system, the system must contain all components necessary to convert and deliver solar energy into electrical energy for use in a dwelling or commercial application.

(12) Equipment purchased for a solar electric system or a paired solar and storage system must include a manufacturer warranty covering the following:

(a) The photovoltaic inverters for a minimum of five years against manufacturer’s defects.

(b) Photovoltaic modules for a minimum of 20 years against degradation of performance below 80 percent of original output under standard test conditions.

(13) All installations of a solar electric system or paired solar and storage system must include a total system workmanship warranty that covers the installation of solar panels, inverters, racking, patented roof protection systems, roof penetrations, batteries, electrical and mechanical parts, and wiring for the duration of at least five years.

(14) All installations of an energy storage system that will be paired at the time of installation with a previously purchased and installed solar electric system must include a workmanship warranty that covers the installation of the battery for the duration of at least five years.

(15) Any equipment installed as part of a solar electric system, energy storage system that will be paired at the time of installation with a previously purchased and installed solar electric system, or paired solar and storage system must meet industry standards and the technical specifications provided in these rules.

(16) The solar electric system, energy storage system that will be paired at the time of installation with a previously purchased and installed solar electric system, or paired solar and storage system must have received all applicable electrical and structural permits from the local jurisdiction and must pass all final inspections conducted by the authority having jurisdiction.

(17) The solar electric system, energy storage system that will be paired at the time of installation with a previously purchased and installed solar electric system, or paired solar and storage system must follow electric utility-specific rules and regulations.

(18) The Total Solar Resource Fraction (“TSRF”) shall be calculated for each photovoltaic array and provided to the Department for reporting in the Department’s designated software system. The Department reserves the right to request documentation from a solar site analysis tool and to conduct independent verification of TSRF values. If all modules in a photovoltaic array do not meet the minimum TSRF requirement under this section, an eligible contractor may apply for a reservation based on the eligible modules. Only photovoltaic modules that meet the minimum performance standards of this section represent installed capacity for the purpose of solar electric system rebate calculations. All installations must meet the following minimum performance standards:

(a) For on-site shade analysis the TSRF must be 75 percent or greater at all points on the photovoltaic array.

(b) For remote shade analysis the TSRF must be 80 percent or greater for the roof plane where the photovoltaic array is located.

(19) In the case of an energy storage system that will be paired at the time of installation with a previously purchased and installed solar electric system, the previously installed solar electric system must meet the minimum performance standards in 330-240-0030(18)(a) or (b).

(20) Under no circumstances will more than one rebate be issued under the program for the same solar electric system, energy storage system, or paired solar and storage system.

(21) A solar electric system, energy storage system, or paired solar and storage system installed for a low-income service provider who is eligible under 330-240-0070 paragraph (4) must be installed on a public building that provides social services to low- or moderate-income individuals, or provides emergency shelter and/or communications in disaster situations.

(22) A solar electric system or paired solar and storage system may share an AC disconnect and main utility panel.

(23) A solar electric system or paired solar and storage system qualifying for residential rebates may not be part of a larger system or share components such as racking with other solar electric or paired solar and storage systems.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2019 chapter 655 (House Bill 2618)
Statutes/Other Implemented: Oregon Laws 2019 chapter 655 (House Bill 2618)
DOE 1-2026, amend filed 04/28/2026, effective 04/29/2026
DOE 3-2022, amend filed 04/13/2022, effective 04/15/2022
DOE 1-2020, amend filed 05/28/2020, effective 05/28/2020
DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020

Or. Admin. R. 330-240-0040 Solar Electric System Technical Specifications

(1) All installed photovoltaic modules must be certified to UL 1703 or IEC61730 standards or other comparable standards.

(2) All installed photovoltaic inverters must be certified to UL 1741.

(3) The Department will consider the eligibility of equipment for solar electric systems that do not interconnect with the local utility’s distribution grid on a case-by case basis.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2019 chapter 655 (House Bill 2618)
Statutes/Other Implemented: Oregon Laws 2019 chapter 655 (House Bill 2618)
DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020

Or. Admin. R. 330-240-0050 Energy Storage System Technical Specifications

(1) All batteries must be certified to UL 1973.

(2) All battery storage systems must be certified to UL 9540.

(3) The Department will consider the eligibility of energy storage equipment for energy storage systems that will be paired at the time of installation with a previously purchased and installed solar electric system that does not interconnect with the local utility’s distribution grid and paired solar and storage systems that do not interconnect with the local utility’s distribution grid on a case-by case basis.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2019 chapter 655 (House Bill 2618)
Statutes/Other Implemented: Oregon Laws 2019 chapter 655 (House Bill 2618)
DOE 1-2026, amend filed 04/28/2026, effective 04/29/2026
DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020

Or. Admin. R. 330-240-0060 Low- or Moderate-Income Residential Customer Eligibility

(1) In order to qualify for the rebate rate offered under the program for low- or moderate-income residential customers, the homeowner where the installation will be located must provide proof of eligibility. Proof of eligibility shall be provided in the following ways:

(a) A homeowner will be considered eligible if the Department verifies with the Oregon Housing and Community Services Department that the homeowner is eligible for one of the following Oregon Housing and Community Services Department programs:

(A) Low Income Home Energy Assistance Program (LIHEAP).

(B) Oregon Energy Assistance Program (OEAP).

(b) A homeowner will be considered eligible if the homeowner provides the Department an eligibility notice for the homeowner's household that has been received in the past seven months for one of the following Oregon Department of Human Services or Oregon Health Authority programs:

(A) Supplemental Nutrition Assistance Program (SNAP).

(B) Oregon Health Plan (OHP) (Medicaid).

(C) Children’s Health Insurance Program (CHIP; this option is available only for households consisting of six or fewer people).

(c) A homeowner will be considered eligible if the homeowner provides the Department with a US Internal Revenue Service or Oregon Department of Revenue tax transcript for each tax filer residing at the household for the most recent tax filing year immediately preceding the current year, or the transcript for the year prior if the tax return for the most recent tax filing year has not yet been filed, that demonstrates their household income is less than or equal to 100 percent of state median income adjusted for household size.

(2) The Department will provide low- or moderate-income eligibility certification forms to contractors. For each installation where the customer claims eligibility for the rebate rate for low- or moderate-income residential customers, all legal owners of the property must sign the form, certifying that the information is accurate. The contractor must submit a scanned copy of the form and accompanying documentation under paragraph (1)(b) or paragraph (1)(c), if applicable, to the Department as part of the reservation application.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2019 chapter 655 (House Bill 2618)
Statutes/Other Implemented: Oregon Laws 2019 chapter 655 (House Bill 2618)
DOE 3-2022, amend filed 04/13/2022, effective 04/15/2022
DOE 1-2020, amend filed 05/28/2020, effective 05/28/2020
DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020

Or. Admin. R. 330-240-0070 Low-Income Service Provider Eligibility

Nonresidential customers eligible as a “low-income service provider” under the program include:

(1) A developer or owner of affordable multifamily housing eligible to receive public assistance under one or more housing development or rental assistance programs administered by Oregon Housing and Community Services.

(2) The owner of a solar electric system or paired solar and storage system that:

(a) Is located on, and generates electrical energy for, a dwelling that has received public assistance under one or more housing development or rental assistance programs administered by the Oregon Housing and Community Services Department; and

(b) Offsets electric utility expenses incurred by one or more low- and moderate-income tenants.

(3) A community service organization, which is a public or tribal entity, or a private entity organized under section 501(c) of the federal tax code, whose primary purpose is to offer health, dental, social, financial, energy conservation, or other assistive services to individuals or households with incomes at or below 100 percent of the state median income by household size. Examples of eligible organizations include health or dental clinics, food banks, homeless shelters, childcare centers, senior citizen centers, and community action partnership agencies that serve low- or moderate-income individuals and households, or as approved by the Director. The entity must provide documentation to the Department that it provides assistive services to low- or moderate-income individuals. Accepted documentation may include but is not limited to the receipt of public funding for the purpose of providing assistive services to low- or moderate-income individuals or families or the receipt of philanthropic funding that advances a mission to serve low- or moderate-income individuals. A private organization claiming eligibility as a low-income service provider under this subparagraph must provide sufficient information to allow the Department to determine the organization’s eligibility by providing documentation to the Department that it provides assistive services to low- or moderate-income individuals.

(4) A tribal or local government entity such as a city, county or school district which uses public buildings to provide social services to low- or moderate-income individuals, or to provide emergency shelter and/or communications in disaster situations. The entity must provide documentation to the Department that it provides social or emergency services to low- or moderate-income individuals. Accepted documentation may include but is not limited to the receipt of public funding for the purpose of providing assistive services to low- or moderate-income individuals or families or the receipt of philanthropic funding that advances a mission to serve low- or moderate-income individuals.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2019 chapter 655 (House Bill 2618)
Statutes/Other Implemented: Oregon Laws 2019 chapter 655 (House Bill 2618)
DOE 3-2022, amend filed 04/13/2022, effective 04/15/2022
DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020

Or. Admin. R. 330-240-0100 Solar Electric System Rebate Rates; Calculation Method

(1) Low- or moderate- income residential rebate rate: $1.80 per watt DC of installed capacity, up to 60 percent of the net cost or $5,000, whichever is less.

(2) Residential rebate rate for customers eligible for an electric utility incentive and not low- or moderate-income: $0.20 per watt DC of installed capacity, up to 40 percent of the net cost or $5,000, whichever is less.

(3) Residential rebate rate for customers not eligible for a utility incentive and not low- or moderate-income: $0.50 per watt DC of installed capacity, up to 40 percent of the net cost or $5,000, whichever is less.

(4) Low-income service provider rebate rate: $0.75 per watt DC of installed capacity, up to 50 percent of the net cost or $30,000, whichever is less.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2019 chapter 655 (House Bill 2618)
Statutes/Other Implemented: Oregon Laws 2019 chapter 655 (House Bill 2618)
DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020

Or. Admin. R. 330-240-0110 Energy Storage System Rebate Rates; Calculation Method

(1) Low- or moderate-income residential customer rebate rate: $300 per kilowatt hour of installed storage capacity, up to 60 percent of net energy storage system cost or $2,500, whichever is less.

(2) Residential rebate rate for residential customers who are not low- or moderate-income: $300 per kilowatt hour of installed storage capacity, up to 40 percent of net energy storage system cost or $2,500, whichever is less.

(3) Low-income service provider rebate rate: $300 per kilowatt hour of installed storage capacity, up to 60 percent of net energy storage system cost or $15,000, whichever is less.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2019 chapter 655 (House Bill 2618)
Statutes/Other Implemented: Oregon Laws 2019 chapter 655 (House Bill 2618)
DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020

Or. Admin. R. 330-240-0120 Reservation Process

(1) Contractors must submit an application to reserve a rebate for a solar electric system, energy storage system that will be paired at the time of installation with a previously purchased and installed solar electric system, or a paired solar and storage system using the Department’s designated software system.

(2) The following information about an installation must be provided to the Department to make a reservation application:

(a) Name of customer.

(b) Whether the installation benefits a residential customer or a low-income service provider.

(d) Size of the solar electric system.

(e) System specifications of the solar electric system, as listed in the Department’s software system.

(f) Total Solar Resource Fraction, or TSRF, for the photovoltaic array.

(g) Size of the energy storage system, if applicable.

(h) System specifications for the energy storage system if applicable, as listed in the Department’s software system.

(i) For a residential customer, whether the customer claims to be qualified as low-income or moderate-income.

(j) Eligible project cost for solar electric system, if applicable.

(k) Eligible project cost for energy storage system, if applicable.

(l) Whether the project will receive a utility incentive.

(m) Amount of utility incentive, if applicable.

(n) Date of contract signed between customer and contractor.

(o) Copy of the signed contract.

(p) Other information as requested by the Department.

(3) Reservation applications for low-income service providers must provide the following information in addition to the information in paragraph (2):

(a) For multifamily affordable housing: the state and/or agencies which have awarded public subsidies to the project, the number of units in the project, and the projected occupancy date.

(b) For low-income service providers other than multifamily affordable housing: documentation required to verify the organization’s eligibility consistent with program rules.

(4) The Department’s software system will confirm receipt and will give each reservation application a time and date stamp signifying the time and date the initial reservation application is received. The Department will review reservation applications in the order that they are received, based upon the time and date stamp. The Department will provide written notice to the contractor once a reservation application has been approved or denied. Subject to the availability of funds, program funds will be reserved for a project following departmental approval of a reservation request.

(5) A reservation for a residential customer installation is valid for 180 days unless extended under OAR 330-240-0130. If a rebate is not claimed within 180 days and the reservation is not extended, the reservation will no longer be valid.

(6) A reservation for a low-income service provider installation is valid for one year unless extended under OAR 330-240-0130. If a rebate is not claimed within one year and the reservation is not extended, the reservation will no longer be valid.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2019 chapter 655 (House Bill 2618)
Statutes/Other Implemented: Oregon Laws 2019 chapter 655 (House Bill 2618)
DOE 1-2026, amend filed 04/28/2026, effective 04/29/2026
DOE 3-2022, amend filed 04/13/2022, effective 04/15/2022
DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020

Or. Admin. R. 330-240-0130 Amending or Extending a Reservation

(1) A contractor may make changes to system size or specifications for a solar electric system installation, energy storage system, or a paired solar and energy storage system installation after submitting a reservation application and before claiming a rebate.

(2) If a contractor increases the size of an installation for which a reservation application was previously submitted, such that the customer is eligible for a larger rebate amount than the initial reservation application, the increase in rebate amount is subject to availability of funds as of the date the amended application is approved by the Department.

(3) If a contractor adds energy storage to a solar electric system already having a reservation for a rebate under the program, such that the installation becomes a paired solar and storage system, the contractor must submit a new reservation application which will receive a new time and date stamp in the Department’s software system. The rebate amount for a paired solar and storage system under this paragraph is subject to availability of funds as of the date the new reservation application for the paired solar and storage application is approved by the Department.

(4) At the end of the 180-day reservation period, the Department may grant one 180-day extension to each reservation upon request for any reason. At the end of the 360-day extended reservation period, one final additional 180-day extension may be granted to each reservation upon request for any reason.

(5) The Department may grant additional 180-day extensions for a reservation for a low-income service provider upon the contractor submitting documentation that the project is making progress toward completion. Such documentation could include evidence that the project is meeting construction benchmarks or maintains valid site construction permits.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2019 chapter 655 (House Bill 2618)
Statutes/Other Implemented: Oregon Laws 2019 chapter 655 (House Bill 2618)
DOE 1-2026, amend filed 04/28/2026, effective 04/29/2026
DOE 3-2022, amend filed 04/13/2022, effective 04/15/2022
DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020

Or. Admin. R. 330-240-0140 Making a Rebate Request

The eligible contractor seeking a rebate must supply the following information to the Department to convert a reservation into a rebate request:

(1) Name of customer

(2) Address of installation and unit number, if applicable

(3) Description of the equipment included in the solar electric system, energy storage system, or paired solar and storage system

(4) System installation completion date

(5) Proof of completion, including permits received from the authority having jurisdiction over permitting for the system

(6) Documentation that the contractor, and any subcontractors who performed installation or construction of the system, has any license, bond, insurance or permit, as well as any additional certification required by the Department, required for the construction or installation undertaken by that contractor or subcontractor

(7) A statement signed by both the contractor and the customer for whom the solar electric system, energy storage system, or paired solar and storage system is installed that the customer has received the full value of the rebate as a reduction in the net cost of the purchase, construction or installation of the system and that the rebate was clearly reflected on an invoice provided to the customer

(8) Contractor’s business mailing address

(9) Contractor’s tax identification number

(10) Other information requested by Department

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2019 chapter 655 (House Bill 2618)
Statutes/Other Implemented: Oregon Laws 2019 chapter 655 (House Bill 2618)
DOE 1-2026, amend filed 04/28/2026, effective 04/29/2026
DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020

Or. Admin. R. 330-240-0150 Allocation of Rebate Funds

(1) Subject to limits on the number of reservations per contractor and on the percentage of funding that may be spent under the program for specific categories of installations, the Department will allocate rebate funding within each funding allocation in paragraph (7) according to the order in which reservation applications are approved by the Department. The Department will review applications for reservation in the order in which reservations are submitted by contractors, signified by the time and date stamp for receipt of the reservation application.

(2) The Department will only reserve funding for a maximum of forty (40) reservations per contractor at a time, consisting of up to twenty reservations in each of two categories:

(a) systems for residential customers who are not low- or moderate-income; and

(b) systems for low- or moderate-income residential customers or low-income service providers.

(3) A new reservation application will be rejected by the Department if the contractor already has twenty current reservations in the Department’s software system for the category of system for which the contractor is attempting to make a new reservation application. Once a contractor converts a reservation into a rebate request using the Department’s software system, the contractor may obtain an additional reservation for that category.

(4) No more than 75 percent of program funds may be used for rebates benefitting residential customers who are not low- or moderate-income residential customers, except as provided in paragraph (9).

(5) No more than 50 percent of funds may be used for rebates benefitting low-income service providers.

(6) No more than 25 percent of funds may be used in a calendar year for rebates for energy storage systems paired with previously purchased and installed solar electric systems.

(7) The Department will make rebate funds available for reservation according to the following:

(a) 50 percent of rebate funds will be available for reservation for systems for low- or moderate-income residential customers or low-income service providers.

(b) 50 percent of rebate funds will be available for reservation for systems for residential customers other than low- or moderate-income residential customers.

(8) The Department may reallocate a portion of funds under subparagraph (7)(a) and make the funds available for reservations for residential projects for residential customers who are not low- or moderate-income, subject to the requirement that at least 25 percent of program funds available for issuing rebates in a calendar year be made available to low- or moderate-income residential customers or low-income service providers.

(9) If total funds spent and allocated for installations for low- or moderate-income residential customers and low-income service providers in a calendar year are less than 25 percent of the program funds available for that year, then the unspent and unallocated funds may be made available for all applicants, including residential customers who are not low- or moderate-income residential customers, in the following year.

(10) The Department will periodically post information on its webpage regarding fund balances, including notification when funds that may be used for specific categories of installations are completely spent in the form of rebates or allocated in the form of reservations.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2019 chapter 655 (House Bill 2618)
Statutes/Other Implemented: Oregon Laws 2019 chapter 655 (House Bill 2618)
DOE 1-2026, amend filed 04/28/2026, effective 04/29/2026
DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020

Or. Admin. R. 330-240-0160 Audits and Inspections; Compliance

(1) The Department reserves the right to conduct a physical inspection of all installations and to audit all documentation relating to an installation for which a reservation is made under the program before or after a rebate payment is made to the contractor.

(2) The Department must provide at least 15 days advance notice before performing a physical inspection of an installation. The owner of the property or the contractor must be present and must provide safe access to inspect the installation. Department inspectors will not inspect areas that they deem to present an unreasonable risk to personal safety.

(3) The Department will provide a written determination within 30 days to the contractor based upon the inspection.

(4) If the Department determines that the installation does not meet project eligibility criteria under the program or the project installed does not match the project description entered by the contractor when making a request for a rebate, the contractor will have 30 days from the date they received written notice from the Department to correct and provide proof of correction for any discrepancies found by the Department or to provide written explanation or justification.

(5) The Department must provide a final determination in writing within 15 days regarding the contractor’s written response to the Department’s initial determination after an inspection.

(6) The Department may deny a rebate if a contractor does not resolve issues found in an inspection or in an audit within the time limit established under program rules.

(7) Pursuant to the procedures for a contested case under ORS chapter 183, the Director may order the revocation of a rebate or portion of a rebate under the program if the Director finds that the rebate was obtained by fraud or misrepresentation, or by mistake or miscalculation. As soon as the order of revocation becomes final, the Department shall proceed to recover the rebate or portion of the rebate that is subject to the order of revocation. All moneys provided to a contractor attributable to the fraudulently or mistakenly obtained rebate or portion of the rebate shall be forfeited.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2019 chapter 655 (House Bill 2618)
Statutes/Other Implemented: Oregon Laws 2019 chapter 655 (House Bill 2618)
DOE 1-2020, amend filed 05/28/2020, effective 05/28/2020
DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020

Or. Admin. R. 330-240-0170 Revocation of Contractor Eligibility

The Director may deny or revoke a contractor’s eligibility to claim a rebate on behalf of a customer, pursuant to the procedures for a contested case under ORS chapter 183, if the director finds any of the following:

(1) The contractor’s eligibility under OAR 330-240-0020 was obtained by fraud or misrepresentation by the contractor.

(2) The contractor’s performance for installation of solar electric systems, energy storage system, or paired solar and storage systems does not meet industry standards

(3) The contractor has misrepresented to customers either the program or the nature or quality of the solar electric systems, energy storage systems, or paired solar and storage systems for which rebates are available.

(4) The contractor attempts to obtain a rebate through fraud or misrepresentation.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2019 chapter 655 (House Bill 2618)
Statutes/Other Implemented: Oregon Laws 2019 chapter 655 (House Bill 2618)
DOE 1-2026, amend filed 04/28/2026, effective 04/29/2026
DOE 3-2022, amend filed 04/13/2022, effective 04/15/2022
DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020

Division 250 COMMUNITY RENEWABLE ENERGY PROJECT GRANT PROGRAM

Or. Admin. R. 330-250-0000 Purpose and Applicability of Rules in OAR 330, Division 250

(1) These Division 250 rules implement the Community Renewable Energy Project Grant Program established under Oregon Laws 2021, chapter 508, sections 29 through 32 (House Bill 2021) for the purpose of:

(a) Offsetting the cost of planning and developing community renewable energy projects;

(b) Making community renewable energy projects economically feasible for qualifying communities;

(d) Providing direct benefits to communities across this state in the form of increased community energy resilience, local jobs, economic development or direct energy cost savings to families and small businesses.

(2) These Division 250 rules apply to all applicants for community renewable energy project grants under the program established under Oregon Laws 2021, chapter 508, sections 29 through 32. The rules provide procedures for submitting applications, department review and selection of projects for potential grant award, the development of performance agreements and the disbursement of grant funds.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 508 (House Bill 2021)
Statutes/Other Implemented: Oregon Laws 2021, chapter 508 (House Bill 2021)
DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022

Or. Admin. R. 330-250-0010 Definitions

For the purposes of this division, the following definitions apply:

(1) “Applicant” means a federally recognized Oregon Indian tribe, public body or consumer-owned utility that is applying for or has applied for a grant for the purpose of planning or developing a community renewable energy project.

(2) “Business site” means a site operated for business purposes that is owned by the applicant or partner or with whose owner the applicant or partner has a formal agreement to use the site.

(3) “Community renewable energy project” means one or more renewable energy systems, storage systems, microgrids or energy-related infrastructure that promote energy resilience, increase renewable energy generation or renewable energy storage capacity and provide a direct benefit to a particular community in the form of increased community energy resilience, local jobs, economic development or direct energy costs savings to families and small businesses.

(4) “Community energy resilience” means the ability of a specific community to maintain the availability of energy needed to support the provision of energy-dependent critical public services to the community following nonroutine disruptions of severe impact or duration to the state’s broader energy systems.

(5) “Community energy resilience project” means a community renewable energy project that includes utilizing one or more renewable energy systems to support the energy resilience of structures or facilities that are essential to the public welfare.

(6) “Consumer-owned utility” means a municipal electricity utility, a people’s utility district organized under ORS chapter 261 that sells electricity or an electric cooperative organized under ORS chapter 62. This includes an electric cooperative organized under ORS chapter 62 that is operating in this state and formed for one or both of the following purposes:

(a) To generate, purchase, or obtain electric power, energy, transmission services, or ancillary services; or

(b) To represent one or more consumer-owned utilities in meeting rural, environmental, or renewable energy requirements and mandates.

(7) “Department” means the Oregon Department of Energy.

(8) “Director” means the director of the department.

(9) “Electric utility” means a consumer-owned utility or an electric company, as defined in ORS 757.600, that is engaged in the business of distributing electricity to retail electricity consumers in this state.

(10) “Energy” means electrical or thermal energy.

(11) “Energy resilience” means the ability of energy systems, from production through delivery to end-users, to withstand and restore energy delivery rapidly following nonroutine disruptions of severe impact or duration.

(12) “Environmental justice community” includes communities of color, communities experiencing lower incomes, tribal communities, rural communities, coastal communities, communities with limited infrastructure and other communities traditionally underrepresented in public processes and adversely harmed by environmental and health hazards, including seniors, youth and persons with disabilities.

(13) “Grantee” means an entity that has received an award of a grant for planning or developing a community renewable energy project and has executed a performance agreement with the department.

(14) “Good cause” for extending a timeline agreed upon in a performance agreement means that the grantee failed, or expects to fail, to meet the original deadline due to circumstances beyond the applicant's control, including a significant unforeseeable or uncontrollable circumstance such as supply chain disruptions or delays associated with utility interconnection. Good cause does not include changes to project scope.

(15) “Installation or construction” means the process of physical assembly of a system or supporting infrastructure at its operating location.

(16) “Opportunity period” means the timeframe specified in an opportunity announcement for the department to accept applications for a grant for planning or developing a community renewable energy project.

(17) “Partner” means an entity listed as a partner to an eligible applicant on an application for a grant award. A partner may be a federally recognized Oregon Indian tribe, public body, nonprofit entity, private business with a business site in Oregon, or owner of a rental property in Oregon . A partner may assist or take a lead role in the acquisition, installation, construction, or planning of a community renewable energy project. A partner may have a financial or ownership interest in the project. An entity whose only role is the provision of goods or services through a procurement contract are not considered a partner.

(18) “Planning costs” means the costs related to planning paid by an applicant, or an applicant’s partner, described under Oregon Laws 2021, chapter 508, section 30.

(19) “Project cost” means the actual cost of the acquisition, construction and installation of a renewable energy system incurred by an applicant, or an applicant’s partner, before considering utility incentives.

(20) “Public body” means a public body as defined in ORS 174.109.

(21) “Qualifying community” means a community that qualifies as an environmental justice community.

(22) “Renewable energy system” includes:

(a) A system that uses biomass, solar, geothermal, hydroelectric, wind, landfill gas, biogas or wave, tidal or ocean thermal energy technology to produce energy.

(b) One or more energy storage systems paired with an existing or newly constructed system described in paragraph (a) of this section.

(c) One or more vehicle charging stations paired with an existing or newly constructed system described in paragraph (a) of this section.

(d) Microgrid enabling technologies paired with an existing or newly constructed system described in paragraph (a) of this section, including microgrid controllers and any other related technologies needed to electrically isolate a community energy resilience project from the electric grid so that the project is capable of operating independently from the electric grid.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 508 (House Bill 2021)
Statutes/Other Implemented: Oregon Laws 2021, chapter 508 (House Bill 2021)
DOE 6-2024, amend filed 08/23/2024, effective 09/16/2024
DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022

Or. Admin. R. 330-250-0020 Opportunity Announcements

(1) The department shall announce the availability of grants for the Community Renewable Energy Project Grant Program by issuing opportunity announcements.

(2) The department shall issue separate opportunity announcements for each calendar interval that funding is available for the following categories:

(a) Planning a community renewable energy project that qualifies as a community energy resilience project;

(b) Developing a community renewable energy project that qualifies as a community energy resilience project;

(d) Developing a community renewable energy project that does not qualify as a community energy resilience project.

(3) If the cumulative total of all grants awarded under an opportunity announcement is less than the total amount of funding available for that opportunity announcement, the department may reallocate the balance to future opportunity announcements.

(4) Each opportunity announcement shall include the following information:

(a) Objectives for the opportunity announcement;

(b) Dates of the opportunity period;

(d) Guidance on submitting an acceptable renewable energy resource assessment;

(e) Guidance for assessing the level of resilience a community energy resilience project provides;

(f) The criteria to be applied in evaluating and prioritizing applications for grant awards in the competitive review process;

(g) The total amount of grant funds available under the opportunity announcement; and

(h) Other information the department considers necessary.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 508 (House Bill 2021)
Statutes/Other Implemented: Oregon Laws 2021, chapter 508 (House Bill 2021)
DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022

Or. Admin. R. 330-250-0030 Allocation of Grant Funds

(1) The department shall allocate 50 percent or more of the initial appropriation for the Community Renewable Energy Project Grant Program to grants for planning or developing community renewable energy projects that primarily serve one or more qualifying communities, as directed by Oregon Laws 2021, chapter 508, section 30(7).

(2) In approving applications and awarding grant moneys, the department shall prioritize projects located in qualifying communities across the state, as directed by Oregon Laws 2021, chapter 508, section 30(10).

(3) The department may prioritize geographic diversity and diversity of project size, technology, and energy resource in order to maximize the program’s benefits to communities across the state.

(4) The department shall provide resources on its website to assist applicants in demonstrating:

(a) That the project(s) in the application will be located in one or more qualifying communities.

(b) That the project(s) in the application will serve one or more qualifying communities.

(c) The involvement of and leadership by people of low income, Black, Indigenous or People of Color, members of tribal communities, people with disabilities, youth, people from rural communities and people from otherwise disadvantaged communities in the siting, planning, designing or evaluating of the proposed community renewable energy projects.

(5) The department shall allocate 50 percent or more of the initial appropriation for the Community Renewable Energy Project Grant Program to grants for planning or developing community renewable energy projects that qualify as community energy resilience projects, as directed by Oregon Laws 2021, chapter 508, section 30(7).

(6) The department shall publish on its website a map or maps showing the locations of projects that have applied for grants under the program and the locations of projects that are awarded grants.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 508 (House Bill 2021)
Statutes/Other Implemented: Oregon Laws 2021, chapter 508 (House Bill 2021)
DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022

Or. Admin. R. 330-250-0040 Planning Grant: Application

(1) A federally recognized Oregon Indian tribe, public body or consumer-owned utility may apply for a grant for planning a community renewable energy project by submitting a complete grant application. The application must meet requirements provided by applicable statutes, these rules and the applicable opportunity announcement.

(a) An applicant may partner with a federally recognized Oregon Indian tribe, public body, nonprofit entity, private business with a business site in this state or owner of rental property in this state, but a grant for an approved application will only be awarded and released to an applicant that is a federally recognized Oregon Indian tribe, public body or consumer-owned utility.

(b) An application must be drafted in consultation with electric utilities that have customers in the communities covered by a community renewable energy project that is in the application and regional stakeholders for the purpose of ensuring feasibility.

(2) The application must be in the form specified in the applicable opportunity announcement and these rules. An applicant must submit a complete application during the opportunity period. For the purposes of this rule, the department considers an application “submitted” when the department receives the application. The department will not process applications received outside of an opportunity period.

(3) The application must include the following information, at a minimum:

(a) Identification of applicant and partners:

(A) The name of the applicant.

(B) The name, address, email address and telephone number of the responsible party for the applicant.

(C) The names of any partners to the application, which may include a federally recognized Oregon Indian tribe, public body, nonprofit entity, private business with a business site in this state or owner of rental property in this state.

(D) For any partner that is a private business, documentation that the partner owns a business site(s) that is located in this state.

(E) For any partner that is an owner of rental property, documentation that the partner owns rental property(ies) that is located in this state.

(b) Evidence of consultation with the following entities:

(A) Written authorization from the applicant’s governing body allowing submission of the application.

(B) Confirmation that the applicant or partner consulted with the electric utility or utilities, as applicable. Applicants are encouraged to include information from the electric utility(-ies) that may assist the department in evaluating the feasibility of the proposed project. Confirmation may include:

(i) a letter from the electric utility(-ies) serving the communities covered by a community renewable energy project; or

(ii) other evidence that the applicant or partner has consulted the electric utility(-ies).

(C) For any partner that is a public body, written authorization from the partner’s governing body allowing submission of the application.

(c) A description of the applicant’s or partner's consultation with regional stakeholders and community groups, and any additional community engagement process as part of developing the planning grant application.

(d) The following information about the proposed community renewable energy project:

(A) Location, including city and county, where the community renewable energy project in the planning grant application would be constructed or installed.

(B) A description of the community renewable energy project, including major system components, to the extent known, such as renewable energy generation, energy storage, electric vehicle charging systems, and microgrid enabling technologies. If the community renewable energy project will add capacity to or be paired with an existing renewable energy system, for example pairing energy storage and/or microgrid enabling technologies with an existing solar photovoltaic array, the applicant must include a description of the existing renewable energy system.

(e) Grant amount requested and estimated budget for planning costs, including costs associated with:

(A) Consulting fees, including design and engineering;

(B) Load analysis;

(D) Ensuring code compliance;

(E) Interconnection studies;

(F) Transmission studies; and

(G) Other expenditures, summarized by purpose.

(f) If applicable, a detailed description or other documentation of the extent to which the community renewable energy project would be located in and/or will serve one or more qualifying communities.

(g) If applicable, a description of how the community renewable energy project would support the energy resilience of structures or facilities essential to the public welfare.

(h) A description of how the community renewable energy project would integrate with broader community energy and environmental goals.

(i) Additional information as needed to demonstrate that the planning in the application meets the requirements under Oregon Laws 2021, chapter 508, sections 30(3) and 31(1)(c), which are reproduced below in section (4) of this rule.

(j) A description of any other grants that the applicant or partner has been or may be awarded for the planning in the application.

(k) Other information requested in the opportunity announcement.

(4) In order to be considered for a planning grant, the applicant must demonstrate in the application that:

(a) As required under Oregon Laws 2021, chapter 508, section 30(3), the planning:

(A) Is for a project located in this state but outside a city with a population of 500,000 or more;

(B) Will be completed within six months of execution of the performance agreement or a reasonable time frame if good cause to extend the deadline is demonstrated;

(D) Incorporates feedback from:

(i) Members of qualifying communities served by the community renewable energy project;

(ii) Businesses located in the communities served by the community renewable energy project;

(iii) Electric utilities that have customers in the communities served by the community renewable energy project; and

(iv) Other regional stakeholders.

(b) As required under Oregon Laws 2021, chapter 508, section 31(1)(c), that the planning proposal is for a community renewable energy project that:

(A) If for producing energy, but not intended to increase energy resilience:

(i) Will make use of an adequately available renewable energy resource to produce the energy;

(ii) Has a specific market for the energy; and

(iii) Will reasonably and efficiently connect or transmit the energy to the specific community identified in the application; or

(B) If for increasing energy resilience:

(i) Will increase the energy resilience of a specific structure or facility or collection of structures or facilities essential to the public welfare; and

(ii) Will provide energy resilience benefits to the specific structure or facility or to the collection of structures or facilities.

(5) Oregon Laws 2021, chapter 508, section 30(10) directs the department to prioritize applications that meet the following criteria when awarding grant funds. Applicants are encouraged to include information detailing the extent to which the proposal in the application:

(a) Includes community energy resilience projects.

(b) Demonstrates significant prior investments in energy efficiency measures at the project location or will result in aggregate improvements to demand response capabilities.

(d) When applicable, is for projects constructed in part or in whole by disadvantaged business enterprises, emerging small businesses or businesses that are owned by minorities, women or disabled veterans.

(e) Includes inclusive hiring and promotion policies for workers working on the projects.

(f) Incorporates equity metrics in OAR 330-250-0160 for evaluating the involvement of and leadership by people of low income, Black, Indigenous or People of Color, members of tribal communities, people with disabilities, youth, people from rural communities and people from otherwise disadvantaged communities in the siting, planning, designing or evaluating of the proposed community renewable energy projects.

(g) Helps the applicant achieve goals included in the applicant’s natural hazard mitigation plans as approved by the Federal Emergency Management Agency.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 508 (House Bill 2021)
Statutes/Other Implemented: Oregon Laws 2021, chapter 508 (House Bill 2021)
DOE 6-2024, amend filed 08/23/2024, effective 09/16/2024
DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022

Or. Admin. R. 330-250-0050 Planning Grant: Eligible and Ineligible Costs

All reasonable planning costs incurred after the application deadline in the opportunity announcement to which the applicant is responding are eligible to be covered by the Community Renewable Energy Project Grant Program. Eligible planning costs include, but are not limited to, costs associated with:

(1) Consulting fees;

(2) Load analysis;

(3) Siting, excluding property acquisition;

(4) Ensuring code compliance;

(5) Interconnection studies;

(6) Transmission studies; and

(7) Other analysis and studies necessary for planning a renewable energy system.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 508 (House Bill 2021)
Statutes/Other Implemented: Oregon Laws 2021, chapter 508 (House Bill 2021)
DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022

Or. Admin. R. 330-250-0060 Planning Grant: Eligibility and Completeness Review of Application

(1) Following the opportunity period, the department shall review all planning grant applications to determine whether:

(a) All sections of the application are complete as outlined in the opportunity announcement;

(b) The applicant is eligible to receive a grant;

(d) The application demonstrates that the planning and the proposed community renewable energy project meet all requirements under Oregon Laws 2021, chapter 508, section 30(3) and section 31(1)(c) and these rules.

(2) If the department finds that the application meets all requirements, the application will move into the competitive review process and the department shall notify the applicant in writing.

(3) The department shall deny all incomplete applications and applications the department has determined do not meet the requirements under Oregon Laws 2021, chapter 508, sections 29 through 32 and these rules. The department shall notify applicants in writing of the reason for denial of the application.

(4) The department considers the completeness review a test; the decision to deny an incomplete application is not an action subject to review under ORS chapter 183.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 508 (House Bill 2021)
Statutes/Other Implemented: Oregon Laws 2021, chapter 508 (House Bill 2021)
DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022

Or. Admin. R. 330-250-0070 Planning Grant: Competitive Review of Application

(1) The department shall conduct a competitive review of all planning grant applications that pass the eligibility and completeness review.

(2) The department may appoint external reviewers to evaluate all or part of each application for one or more categories listed under the opportunity announcement as part of the competitive review process. However, the director shall make the final decision on planning grant awards.

(3) Through competitive review, the department’s internal review team and external reviewers, if applicable, shall evaluate applications for planning grants according to the criteria described in these rules and the applicable opportunity announcement. Depending on the opportunity announcement objectives, the reviewers and the director may give greater or lesser weight to each of the criteria listed in rules.

(4) The director shall determine whether the planning grant application is for a community renewable energy project that qualifies as a community energy resiliency project.

(5) The department shall review the information provided in the application against industry standards to determine whether the renewable energy system proposed for planning is technically feasible, meets minimum technical requirements for renewable energy systems, and should operate in accordance with the representations made by the applicant.

(6) The department shall list evaluation criteria in the opportunity announcement.

(7) In evaluating applications and awarding grant moneys, the department shall prioritize planning proposals:

(a) As directed under Oregon Laws 2021, chapter 508, section 30(10); and

(b) According to the opportunity announcement objectives.

(8) After considering all the criteria in this rule, the director may award a grant to one or more applicants, conditioned upon the execution of a performance agreement that satisfies OAR 330-250-0080. The director may also create a list of alternative applicants who may be awarded a grant if one or more of the applicants to whom the director awarded a grant does not timely execute a performance agreement with the department. The department shall notify applicants of the outcome of the competitive review.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 508 (House Bill 2021)
Statutes/Other Implemented: Oregon Laws 2021, chapter 508 (House Bill 2021)
DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022

Or. Admin. R. 330-250-0080 Planning Grant: Performance Agreement

(1) The department may offer a performance agreement for planning a community renewable energy project to an applicant only if it determines that the project in the application meets all requirements under Oregon Laws 2021, chapter 508, sections 29 through 32, these rules and the applicable opportunity announcement.

(2) The performance agreement shall include information provided by the applicant.

(3) Applicants shall have 30 calendar days from the date on which the performance agreement is provided to the applicant to accept the performance agreement. An applicant’s failure to accept the performance agreement by the deadline may cause rejection of the grant application.

(4) If an applicant fails to enter into a performance agreement within 30 calendar days of the date on which the department provided the performance agreement to the applicant, the department may select alternative applicants, in order of their ranking, that also meet all requirements under Oregon Laws 2021, chapter 508, sections 29 through 32, these rules and the applicable opportunity announcement.

(5) A performance agreement for planning a community renewable energy project entered into between the State Department of Energy and an applicant must provide, at a minimum:

(a) A grant in an amount not to exceed $100,000 that covers up to 100 percent of the reasonable planning costs including, but not limited to, costs associated with:

(A) Consulting fees.

(B) Load analysis.

(D) Ensuring code compliance.

(E) Interconnection studies.

(F) Transmission studies.

(G) Other reasonable expenditures made in the community renewable energy project planning process.

(b)The department shall reduce the grant amount, if the grant combined with other incentives and grants received by the applicant or partner exceeds 100 percent of the planning costs.

(c) A grant may not be used to cover any fixed costs the applicant would incur in the applicant’s normal course of business such as existing staff salaries or overhead costs.

(d) The department may recover grant moneys if a grantee fails to abide by the performance agreement or if planning is not completed within six months of execution of the performance agreement or a reasonable time frame if good cause to extend the deadline is demonstrated.

(6) For a performance agreement for planning a community renewable energy project entered into on or after August 1, 2024, if the applicant has a partner, the applicant must have a written agreement with the partner prior to grant moneys being released to the applicant. The agreement must include the right for the department to audit all documentation relating to the project and may be required to include other terms or requirements as specified by the department in the performance agreement. The department may request a copy of the written agreement prior to releasing grant moneys.

(7) The department may release up to 30 percent of the grant moneys provided for in a performance agreement, not to exceed 30 percent of planning costs, upon entering into a performance agreement with an applicant for planning a community renewable energy project, to be spent on eligible planning costs. The department shall release the remaining grant moneys upon completion of planning under the terms of the performance agreement and receipt of items listed under section (8).

(8) Upon completion of the planning for which a grant was awarded, the grantee must provide the department with the following information:

(a) A copy of the plan completed under the performance agreement.

(b) An itemized list of the incurred costs for items listed in section (5)(a)(A)-(G).

(9) If a grantee fails, or expects to fail, to complete the planning within the time frame specified in the performance agreement, the grantee must notify the department in writing in a timely manner. The notification must describe the cause of the delay, measures taken by the grantee to resolve the delay, and a revised timeline for completing the planning. If the director determines that the grantee has demonstrated good cause for the delay, the department and the grantee may agree to an extended deadline. If the director determines that the grantee has not demonstrated good cause for the delay, the department may terminate the performance agreement and recover any grant moneys released to the applicant.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 508 (House Bill 2021)
Statutes/Other Implemented: Oregon Laws 2021, chapter 508 (House Bill 2021)
DOE 6-2024, amend filed 08/23/2024, effective 09/16/2024
DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022

Or. Admin. R. 330-250-0090 Project Development Grant: Application

(1) A federally recognized Oregon Indian tribe, public body or consumer-owned utility may apply for a grant for developing a community renewable energy project by submitting a complete grant application. The application must meet requirements provided by applicable statutes, these rules and the applicable opportunity announcement.

(c) An applicant must apply for a grant before starting installation or construction of a renewable energy system included in the application.

(2) The application must be in the form specified in the opportunity announcement and these rules. An applicant must submit a complete application during the opportunity period. For the purposes of this rule, the department considers an application “submitted” when the department receives the application. The department will not process applications received outside of an opportunity period.

(3) The application must include the following information:

(a) Identification of applicant and partners:

(A) The name of the applicant.

(B) The name, address, email address and telephone number of the responsible party for the applicant.

(D) For any partner that is a private business, documentation that the partner owns a business site(s) that is located in this state.

(E) For any partner that is an owner of rental property, documentation that the partner owns rental property(ies) that is located in this state.

(b) Evidence of consultation with the following entities:

(A) Written authorization from the applicant’s governing body allowing submission of the application.

(B) Confirmation that the applicant consulted with the electric utility or utilities, as applicable. Applicants are encouraged to include information from the electric utility(-ies) that may assist the department in evaluating the feasibility of the proposed project, including a high-level assessment of the impacts of the proposed project on existing utility infrastructure and the estimated costs for interconnection of the proposed project. Confirmation may include:

(i) A letter from the electric utility(-ies) serving the communities covered by a community renewable energy project; or

(ii) other evidence that the applicant has consulted the electric utility(-ies).

(C) For any partner that is a public body, written authorization from the partner’s governing body allowing submission of the application.

(c) A description of the applicant’s or partner's consultation with regional stakeholders, community groups and any additional community engagement process as part of developing the project development grant application.

(d) The following information about any renewable energy systems that are part of the proposed community renewable energy project:

(A) A detailed description of the project’s systems and the systems’ operation, including major system components, such as renewable energy generation, energy storage, electric vehicle charging systems, and microgrid enabling technologies. If the community renewable energy project will add capacity to or be paired with an existing renewable energy system, for example pairing energy storage and/or microgrid enabling technologies with an existing solar photovoltaic array, the applicant must include a description of the existing renewable energy system.

(B) If the project is for generating renewable energy:

(i) Nameplate capacity;

(ii) The projected amount of net energy the system will generate, in kWh per year; and

(iii) A resource assessment demonstrating adequate resource supply for the proposed system operations. The resource assessment must describe the type of resource available, explain how the applicant evaluated the resource and describe how the system will access the resource.

(i) Technical specifications including manufacturer’s information for the selected technology and all major system equipment including but not limited to batteries, inverters and controls;

(ii) Nameplate power capacity in Watts;

(iii) Nameplate energy capacity in kWh;

(iv) Proposed operational use cases for the storage system including emergency backup power, providing grid services, demand reduction, arbitrage or any other planned uses.

(D) The proposed location of the project and an assessment of the suitability of the site;

(E) Technical specifications including manufacturer’s information for the selected technology and all major system equipment;

(F) A description of the operation of the system, including information that demonstrates the system will operate for at least five years;

(G) A statement of compliance with applicable state and local regulations and that the applicant will notify the appropriate agencies and obtain required licenses and permits; and

(H) If applicable, a detailed description of how the community renewable energy project will support the energy resilience of structures or facilities essential to the public welfare.

(e) The following information relating to the grant amount:

(A) The anticipated total project cost, which must be documented by providing a list of itemized costs, which the applicant shall designate as either eligible or non-eligible for the grant. The department shall review project costs for eligibility.

(B) The amount of local, state, or federal incentives, whether anticipated or received, directly related to the renewable energy system(s).

(f) The following information relating to project planning:

(A) A description of the applicant’s installation or construction financing plan.

(B) A project management plan that contains the following elements:

(i) A detailed project schedule with major milestones during development, construction and operation, including the target construction start date and target operational date of the system.

(ii) A description of how the applicant will manage installation and construction, verification of system construction and start-up, and operations and maintenance requirements. If the applicant has developed a commissioning plan, the application must describe the plan.

(g) A detailed description or other documentation of the extent to which the community renewable energy project will be located in and will serve one or more qualifying communities.

(h) Information on the number and types of jobs directly connected to the awarding of the grant that will be:

(A) Created by the project; and

(B) Sustained throughout construction, installation and operation of the project.

(i) A description of how the community renewable energy project will integrate with broader community energy and environmental goals.

(j) Additional information as needed to demonstrate that the community renewable energy project(s) meets the requirements under Oregon Laws 2021, chapter 508, section 30(4)(b), which is reproduced in section (4) of this rule; and

(k) Any other information the director considers necessary to determine whether the project complies with these rules and Oregon Laws 2021, chapter 508, sections 29 to 32.

(4) In order to be considered for a project development grant, the applicant must demonstrate in the application, as required under Oregon Laws 2021, chapter 508, section 30(4)(b), that the project(s) included in the application:

(a) Is located in this state but outside a city with a population of 500,000 or more;

(b) Will begin construction within 12 months of execution of the performance agreement and be completed within 36 months of execution of the performance agreement or a reasonable time frame if good cause to extend the deadline is demonstrated;

(c) Results in increased community energy resilience, local jobs, economic development or direct energy cost savings to families and small businesses;

(d) Complies with applicable state and local laws and regulations and has the required licenses and permits;

(e) Does not exceed 20 megawatts of nameplate capacity, if the project is for generating renewable energy; and

(f) Will operate for at least five years.

(5) In approving applications and awarding grant moneys, the department is directed under Oregon Laws 2021, chapter 508, section 30(10) to prioritize applications that meet the following criteria when awarding grant funds. Applicants are encouraged to submit documentation describing the extent to which the proposal in the application:

(a) Includes community energy resilience projects.

(b) Demonstrates significant prior investments in energy efficiency measures at the project location or will result in aggregate improvements to demand response capabilities.

(e) Includes inclusive hiring and promotion policies for workers working on the projects.

(g) Helps the applicant achieve goals included in the applicant’s natural hazard mitigation plans as approved by the Federal Emergency Management Agency.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 508 (House Bill 2021)
Statutes/Other Implemented: Oregon Laws 2021, chapter 508 (House Bill 2021)
DOE 6-2024, amend filed 08/23/2024, effective 09/16/2024
DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022

Or. Admin. R. 330-250-0100 Project Development Grant: Eligible and Ineligible Costs

(1) The following project costs are eligible to be covered by the Community Renewable Energy Project Grant Program if incurred after the application deadline in the opportunity announcement to which the applicant is responding:

(a) The cost of components of all proposed renewable energy systems included in the project.

(b) Materials and supplies required for the construction, installation, and interconnection of the proposed renewable energy system(s).

(d) Design or engineering expenses related to renewable energy system components.

(e) Environmental studies, including source testing.

(f) Other costs the department determines should be included.

(2) The following project costs are not eligible to be covered by the Community Renewable Energy Project Grant Program:

(a) Costs paid by a person other than the applicant or a partner of the applicant.

(b) Interest and warranty charges.

(d) Patent searches, application and filing payments.

(e) Costs to maintain, operate or repair the renewable energy system.

(f) Administrative costs to apply for grants, incentives, loans, tax credits or other funding for a project.

(g) Training or education expenses.

(h) Costs that are incurred to bring a host building up to building code standards or otherwise repair the building in order to install the system, including design or engineering expenses.

(i) Costs associated with structures or structural components not directly related to installation of the renewable energy system.

(j) Donated, in-kind or volunteer labor and materials.

(k) Costs for fossil fuel-powered generator systems.

(l) Other costs the department determines should be excluded.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 508 (House Bill 2021)
Statutes/Other Implemented: Oregon Laws 2021, chapter 508 (House Bill 2021)
DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022

Or. Admin. R. 330-250-0110 Project Development Grant: Eligibility and Completeness Review of Application

(1) Following the opportunity period, the department shall review all project development grant applications to determine whether:

(a) All sections of the application are complete as outlined in the opportunity announcement.

(b) The applicant is eligible to receive a grant;

(d) The application demonstrates that the proposed community renewable energy project meets all requirements under Oregon Laws 2021, chapter 508, section 30(4)(b) and these rules; and

(e) The applicant is applying prior to the installation or construction of the renewable energy system.

(2) If the department finds that the application meets all requirements, the application will move into the competitive review process and the department shall notify the applicant in writing.

(4) The department considers the completeness review a test; the decision to deny an incomplete application is not an action subject to review under ORS chapter 183.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 508 (House Bill 2021)
Statutes/Other Implemented: Oregon Laws 2021, chapter 508 (House Bill 2021)
DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022

Or. Admin. R. 330-250-0120 Project Development Grant: Competitive Review of Application

(1) The department shall conduct a competitive review of all project development grant applications that pass the eligibility and completeness review.

(3) Through competitive review, the department’s internal review team and external reviewers, if applicable, shall evaluate applications for grants according to the criteria described in these rules and the applicable opportunity announcement. Depending on the opportunity announcement objectives, the reviewers and the director may give greater or lesser weight to each of the criteria listed in rules.

(4) The director shall determine whether the application is for a community renewable energy project that qualifies as a community energy resiliency project.

(5) The department shall review the information provided in the application against industry standards to determine whether the system is technically feasible, meets minimum technical requirements for renewable energy systems, and should operate in accordance with the representations made by the applicant.

(6) The department shall list evaluation criteria in the opportunity announcement.

(7) In evaluating applications and awarding grant moneys, the department shall prioritize project development proposals:

(a) As directed under Oregon Laws 2021, chapter 508, section 30(10); and

(b) According to the opportunity announcement objectives.

(8) After considering all the criteria in this rule, the director may award a grant to one or more applicants, conditioned upon the execution of a performance agreement that satisfies OAR 330-250-0130. The director may also create a list of alternative applicants who may be awarded a grant if one or more of the applicants to whom the director awarded a grant does not timely execute a performance agreement with the department. The department shall notify applicants of the outcome of the competitive review.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 508 (House Bill 2021)
Statutes/Other Implemented: Oregon Laws 2021, chapter 508 (House Bill 2021)
DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022

Or. Admin. R. 330-250-0130 Project Development Grant: Performance Agreement

(1) The department may offer a performance agreement for developing a community renewable energy project to an applicant only if it determines that the project in the application meets all requirements under Oregon Laws 2021, chapter 508, sections 29 through 32, these rules and the applicable opportunity announcement.

(2) The performance agreement shall include information provided by the applicant.

(3) The following are the maximum grant amounts under a performance agreement:

(a) For a community renewable energy project that qualifies as a community energy resilience project, a grant may cover up to 100 percent of the project cost not to exceed $1 million. The department shall reduce the grant amount, if the grant combined with other incentives and grants received by the applicant or partner exceeds 100 percent of the project costs.

(b) For a community renewable energy project that does not qualify as a community energy resilience project, a grant may cover up to 50 percent of the project cost not to exceed $1 million. The department shall reduce the grant amount, if the grant combined with other incentives and grants received by the applicant or partner exceeds 100 percent of the project costs.

(4) Applicants shall have 30 calendar days from the date on which the performance agreement is provided to the applicant to accept the performance agreement. An applicant’s failure to accept the performance agreement by the deadline may cause rejection of the grant application.

(5) If an applicant fails to enter into a performance agreement within 30 calendar days of the date on which the department provided the performance agreement to the applicant, the department may select alternative applicants, in order of their ranking, that also meet all requirements under Oregon Laws 2021, chapter 508, sections 29 through 32, these rules and the applicable opportunity announcement.

(6) The performance agreement must include the following terms and may also include additional terms:

(a) The maximum amount of the grant and the entity to which funds will be disbursed.

(b) A listing of the documentation that the grantee must provide to the department prior to the disbursement of grant funds including, but not limited to, an account of renewable energy system costs.

(d) The maximum duration of the performance agreement.

(e) The requirement that the grantee install or construct the community renewable energy project substantially as described in the application.

(f) The requirement that installation or construction of the project begin within 12 months after the date that the performance agreement is signed by all parties. The performance agreement must include details of the work that must be completed within 12 months to meet this standard.

(g) The requirement that the grantee make periodic reports to the department on the status of the project during project development and during installation or construction of the project.

(h) The requirement that the applicant or partner obtain all applicable licenses, permits or other authorizations that are required for the project and comply with applicable federal, state and local laws and regulations.

(i) The requirement that the grantee or partner allow the department to inspect the project or its proposed location at any time during project development, installation or construction to verify compliance with the performance agreement. The department shall schedule inspections during normal working hours, following reasonable notice to the applicant.

(j) Reporting requirements during the first five years of project operation, including information on jobs, quantity of energy produced annually and other information outlined in the performance agreement.

(k) A provision allowing the performance agreement to be terminated for reasons stated in the agreement and subject to terms described in the agreement.

(l) A provision allowing the department to recover grant moneys if:

(A) The grantee fails to abide by the performance agreement;

(B) The project fails to begin construction within 12 months of execution of the performance agreement or a reasonable time frame if good cause to extend the deadline is demonstrated; or

(C) The project is not completed within 36 months of execution of the performance agreement or a reasonable time frame if good cause to extend the deadline is demonstrated.

(7) For a performance agreement for developing a community renewable energy project entered into on or after August 1, 2024, if the applicant has a partner, the applicant must have a written agreement with the partner prior to grant moneys being released to the applicant. The agreement must include the right for the department to conduct a physical inspection of all the project and to audit all documentation relating to the project and may be required to include other terms or requirements as specified by the department in the performance agreement. The department may request a copy of the written agreement prior to releasing grant moneys.

(8) The department may release up to 30 percent of the grant moneys provided for in a performance agreement, not to exceed 30 percent of project cost, upon entering into a performance agreement with an applicant for developing a community renewable energy project, if upon entering the performance agreement the applicant demonstrates that the applicant or a partner of the applicant has:

(a) Taken meaningful steps to seek site control, including but not limited to an option to lease or purchase the site or an executed letter of intent or exclusivity agreement to negotiate an option to lease or purchase the site;

(b) Filed a request for interconnection with a host utility or appropriate transmission provider; and

(9) For project development grants, subject to paragraph (8), the department may release up to 30 percent of additional grant moneys provided for in a performance agreement, not to exceed 30 percent of project cost for community renewable energy projects that qualify as community energy resilience projects, and not to exceed 15 percent of project cost for community renewable energy projects that do not qualify as community energy resilience projects upon entering into a performance agreement with an applicant for developing a community renewable energy project, if the applicant demonstrates that the applicant or a partner of the applicant has:

(a) Fulfilled all requirements from paragraph (8);

(b) Incurred eligible costs equaling a minimum of 25% of projected grant moneys prior to a request for additional grant moneys;

(d) Started construction or installation of the renewable energy system at the project location or will start no later than 60 days after the submission of the request for grant moneys, and not later than the required construction start date. This may be demonstrated by submitting to the Department approval from the authority having jurisdiction for construction of the system to start alongside supporting documentation such as bills of lading, contractor agreements, or other relevant and timely documentation; and;

(e) Met any other requirements provided by the department in the performance agreement.

(10) Grant moneys not released under 330-250-0130(8) or (9) shall be released upon project completion under the terms of the performance agreement.

(11) The department may require a legal sufficiency review of a performance agreement by the Oregon Department of Justice prior to execution.

(12) If a project fails, or expects to fail, to begin or complete construction within the time frame specified in the performance agreement, the grantee must notify the department in writing in a timely manner. The notification must describe the cause of the delay, measures taken by the grantee or partner to resolve the delay, and a revised timeline for beginning or completing the project. If the director determines that the grantee has demonstrated good cause for the delay, the department and the grantee may agree to an extended deadline. If the director determines that the grantee has not demonstrated good cause for the delay, the department may terminate the performance agreement and recover the grant moneys.

(13) The department may recover grant moneys if the project fails to abide by the performance agreement.

(14) A grant may not be used to cover any fixed costs the applicant would incur in the applicant’s normal course of business, such as existing staff salaries or overhead costs.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 508 (House Bill 2021)
Statutes/Other Implemented: Oregon Laws 2021, chapter 508 (House Bill 2021)
DOE 6-2024, amend filed 08/23/2024, effective 09/16/2024
DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022

Or. Admin. R. 330-250-0140 Amendments to Performance Agreement

(1) If a grantee wishes to amend a performance agreement entered into with the department under OAR 330-250-0080 or OAR 330-250-0130 or change any aspect of a community renewable energy project, the grantee must submit a written amendment request to the director.

(2) The grantee must describe the proposed change to the performance agreement or community renewable energy project and the reasons for the change.

(3) The grantee must demonstrate that the project, with the proposed change(s), will continue to meet the requirements of statute, rule and the opportunity announcement; be technically feasible, will operate as represented and for a development grant, will remain in operation for at least five years. The grantee has the responsibility to provide complete technical documentation supporting any amendment request. The department may deny amendment requests submitted without such justification.

(5) The department shall evaluate amendment requests to determine whether the proposed change(s) would have affected the outcome of competitive review, which may result in denial of the amendment request or pro-rating the award amount, based on energy generated, planning costs, or project cost.

(6) The department shall not increase an award amount as the result of an amendment.

(7) The department shall decide whether to approve the amendment request.

(a) If approved, the department shall draft an amended performance agreement, which may contain new or amended conditions and requirements. The amended performance agreement shall become effective upon signature by all parties.

(b) If denied, the department shall notify the grantee in writing. The notice will include the reasons for the denial of the amendment request.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 508 (House Bill 2021)
Statutes/Other Implemented: Oregon Laws 2021, chapter 508 (House Bill 2021)
DOE 6-2024, amend filed 08/23/2024, effective 09/16/2024
DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022

Or. Admin. R. 330-250-0150 Compliance

The department reserves the right to conduct a physical inspection of all projects and to audit all grantee or partner documentation relating to a project for which a grantee and the department have entered into a performance agreement.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 508 (House Bill 2021)
Statutes/Other Implemented: Oregon Laws 2021, chapter 508 (House Bill 2021)
DOE 6-2024, amend filed 08/23/2024, effective 09/16/2024
DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022

Or. Admin. R. 330-250-0160 Equity Metrics

The department shall use equity metrics to evaluate program applications, inform opportunity announcements and provide a framework for overall program performance and reporting requirements. The department shall consider the information provided by applicants relating to the following equity metrics in prioritizing planning and project development proposals as directed by Oregon Laws chapter 508, section 30(10)(f):

(1) The involvement and leadership of environmental justice communities in the project team as described in OAR 330-250-0030 (4)(c).

(2) The manner and extent to which proposed projects serve environmental justice communities described in OAR 330-250-0010 (12).

(3) The applicant’s partnerships with regional stakeholders and community groups associated with the proposed project.

(4) Community outreach plan(s) associated with the proposed project, if applicable.

(5) Equity framework(s) used by the applicant to guide development, implementation and/or evaluation of the proposed project, if applicable.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 508 (House Bill 2021)
Statutes/Other Implemented: Oregon Laws 2021, chapter 508 (House Bill 2021)
DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022

Division 260 WILDFIRE RECOVERY ENERGY EFFICIENCY INCENTIVES

Or. Admin. R. 330-260-0000 Purpose

These rules implement an incentive program established by Oregon Laws 2021, chapter 669 (House Bill 5006) for the energy efficient rebuilding of structures damaged or destroyed in the 2020 wildfires. The rules provide procedures for: submitting incentive applications, establishing incentive amounts, agency review of incentive applications, agency verification of project completion, and compliance with the program.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 669 (House Bill 5006)
Statutes/Other Implemented: Oregon Laws 2021, chapter 669 (House Bill 5006)
DOE 2-2022, adopt filed 03/21/2022, effective 03/21/2022

Or. Admin. R. 330-260-0010 Definitions

For the purposes of this division, the following definitions apply:

(1) “Department” means the Oregon Department of Energy.

(2) “Director” means the director of the Oregon Department of Energy.

(3) “Household” means all individuals who reside in the place of residence, including all family members and roommates who are not related and not part of a separate lease agreement.

(4) “Manufactured dwelling” means a factory-built residential structure constructed to federal manufactured housing construction safety standards and installed in accordance with an Oregon-approved installation code (see ORS 446.003). A manufactured dwelling is not a prefabricated structure as defined in ORS 455.010.

(5) “Multifamily housing structure or facility” means a structure or facility that is established primarily to provide housing that provides three or more living units, and may also provide facilities that are functionally related and subordinate to the living units for use by the occupants in social, health, educational or recreational activities.

(6) “Owner” means the legal owner of the structure at the time of the application for an incentive.

(7) “Residential structure” means one of the following:

(a) A detached one- or two-family dwelling;

(b) A townhouse not more than three stories above grade plane in height;

(d) An accessory dwelling unit.

(8) “Utility incentive” means financial assistance that lowers the capital cost of a residential or commercial structure or heat pump system and that is provided directly from an electric utility as defined in ORS 757.600 or from funds provided by the Energy Trust of Oregon pursuant to ORS 757.612.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 669 (House Bill 5006)
Statutes/Other Implemented: Oregon Laws 2021, chapter 669 (House Bill 5006)
DOE 2-2022, adopt filed 03/21/2022, effective 03/21/2022

Or. Admin. R. 330-260-0020 Structure Eligibility

To be eligible for incentives under these rules, an application must meet the following requirements:

(1) The owner must be altering, restoring, or replacing a structure in Oregon determined by the local government as having been damaged or destroyed by wildfire between August 1 and September 30, 2020.

(2) The local government must have approved one of the following:

(a) A building permit application to alter, restore, or replace a structure; or

(b) A site permit application for a manufactured dwelling.

(3) The structure being altered, restored, or replaced must be:

(a) A residential structure;

(b) A manufactured dwelling;

(d) A commercial or public building.

(4) An owner who completed the alteration, restoration, or replacement of a structure prior to applying to the incentive program is eligible for incentives, provided they meet all other applicable eligibility requirements.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 669 (House Bill 5006)
Statutes/Other Implemented: Oregon Laws 2021, chapter 669 (House Bill 5006)
DOE 2-2022, adopt filed 03/21/2022, effective 03/21/2022

Or. Admin. R. 330-260-0030 Incentives for Residential Structures

(1) An owner that is altering or restoring an eligible residential structure, or replacing an eligible residential structure or manufactured dwelling with a residential structure, shall be eligible to receive an incentive of $3,000 per eligible structure if:

(a) The dwelling has been determined by a local government as being adequately served by water, sanitation and roads;

(b) The dwelling is located within the same lot or parcel as the original dwelling being altered, restored, or replaced;

(d) The dwelling meets the Oregon Residential Specialty Code in effect as specified in OAR 330-260-0030(5) and as administered by Oregon’s Building Codes Division and local jurisdictions, including all energy efficiency requirements; and

(e) The applicable local jurisdiction code official has verified the completion of the alteration, restoration, or replacement of the structure to the required building code including all energy efficiency requirements.

(2) An owner that is altering or restoring an eligible residential structure, or replacing an eligible residential structure or manufactured dwelling with a residential structure, shall be eligible to receive an incentive of $3,000 per eligible structure in addition to the amount they may be eligible to receive under OAR 330-260-0030(1) if:

(a) The dwelling has been determined by a local government as being adequately served by water, sanitation and roads;

(b) The dwelling is located within the same lot or parcel as the original dwelling being altered, restored, or replaced;

(d) The dwelling meets the 2021 Oregon Residential Reach Code or is participating in a utility new homes energy efficiency program as specified in OAR 330-260-0030(6);

(e) Any required utility inspections have been completed following completion of a utility new homes energy efficiency program; and

(f) The applicable local jurisdiction code official has verified the completion of the alteration, restoration, or replacement of the structure to the required building code including energy efficiency standards.

(3) An owner that demonstrates in their application they meet low- or moderate-income eligibility requirements specified in OAR 330-260-0060 shall be eligible for an additional incentive of $4,500 if they qualify for an incentive under OAR 330-260-0030(1) but not (2).

(4) An owner that demonstrates in their application they meet low- or moderate-income eligibility requirements specified in OAR 330-260-0060 shall be eligible for an additional incentive of $9,000, if they qualify for an incentive under OAR 330-260-0030(2).

(5)(a) For building permit applications submitted prior to April 1, 2021, the Oregon Residential Specialty Code in effect is the 2017 Oregon Residential Specialty Code.

(b) For building permit applications submitted on or between April 1, 2021, and September 30, 2021, both the 2017 and 2021 Oregon Residential Specialty Code are considered in effect and are eligible to receive incentives.

(c) For building permit applications submitted on or between October 1, 2021, and September 30, 2023, the Oregon Residential Specialty Code in effect is the 2021 Oregon Residential Specialty Code.

(d) For building permit applications submitted on or between October 1, 2023, and March 31, 2024, both the 2021 and 2023 Oregon Residential Specialty Code are considered the Oregon Residential Specialty Code in effect.

(e) For building permit applications submitted beginning April 1, 2024, the Oregon Residential Specialty Code in effect is the 2023 Oregon Residential Specialty Code.

(6) Participating in one of the following above energy code programs qualifies the owner for an incentive under OAR 330-260-0030(2)(d):

(a) Energy Trust of Oregon’s Energy Performance Score Program.

(b) Bonneville Power Administration’s Single Family New Construction Performance Path.

(c) Consumer Owned Utility energy efficiency new homes program verifying homes are 10 percent more energy efficient on a site energy consumption basis.

(7) An owner that is altering or restoring an eligible residential structure, or replacing an eligible residential structure or manufactured dwelling with a residential structure, shall be eligible to receive an incentive of $3,000 in addition to the amount they may be eligible to receive under OAR 330-260-0030(1) or OAR 330-260-0030(2) for each new accessory dwelling unit that meets the above current energy code building standard or is participating in a utility new homes energy efficiency program as specified in OAR 330-260-0030(6) that they build within the same property lot or parcel as the altered, restored, or replacement structure. A maximum of two incentives for accessory dwelling units can be applied for per application, unless the local jurisdiction permits fewer accessory dwelling units on a property, in which case the number of accessory dwelling units permitted per property is the maximum.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 669 (House Bill 5006)
Statutes/Other Implemented: Oregon Laws 2021, chapter 669 (House Bill 5006)
DOE 3-2024, amend filed 06/14/2024, effective 06/14/2024
DOE 2-2022, adopt filed 03/21/2022, effective 03/21/2022

Or. Admin. R. 330-260-0040 Incentives for Commercial and Public Buildings and Multifamily Housing

(1) An owner that is altering, restoring, or replacing an eligible commercial or public building, or multifamily housing structure or facility shall be eligible to receive an incentive of $3,000 per eligible structure if:

(a) The structure is located within the same lot or parcel as the original structure being altered, restored, or replaced;

(b) The alteration, restoration, or replacement is complete;

(c) The structure meets the Oregon Structural Specialty Code in effect as specified by OAR 330-260-0040(5) and as administered by Oregon’s Building Codes Division and local jurisdictions, including all energy efficiency requirements;

(d) The commercial or public building, or multifamily housing structure or facility is 25,000 square feet or less in conditioned space; and

(2) An owner that is altering, restoring, or replacing an eligible commercial or public building, or multifamily housing structure or facility shall be eligible to receive an incentive of $4,000 per eligible structure if:

(a) The structure is located in the same lot or parcel as the original structure being altered, restored, or replaced;

(b) The alteration, restoration, or replacement is complete;

(d) The commercial or public building, or multifamily housing structure or facility is 25,001 square feet or more in conditioned space; and

(3) An owner of a multifamily housing structure or facility providing housing to low-income households may qualify for an additional incentive to any they may qualify for under OAR 330-260-0040(1) or (2). The incentive will be determined based upon the number of multifamily units in the designed structure being rebuilt. An incentive of $500 per unit is available, not to exceed $18,000 for the property.

(4) To be a qualified multifamily housing structure or facility under OAR 330-260-0040(3), the owner or developer must be currently qualified under one of the following programs offered through the Oregon Housing and Community Services Department and be approved for an incentive by the Director of the Oregon Department of Energy:

(a) A housing capital funding offering issued through a Notice of Funding Availability.

(b) Low Income Housing Tax Credits.

(d) Conduit/Pass-Through Revenue Bond Financing Program.

(e) Local Innovation and Fast Track Housing Program.

(f) Loan Guarantee Program and General Guarantee Program.

(g) Oregon Rural Rehabilitation Loan Program.

(h) Low Income Weatherization Assistance Program.

(i) Wildfire programs developed via HB 5006 of the 2021 Oregon Legislative Session.

(5)(a) For building permit applications submitted prior to October 1, 2021, the 2019 Oregon Zero Energy Ready Commercial Code (OZERCC) or applicable statewide alternate methods is in effect.

(b) For building permit applications submitted on or after October 1, 2021, the 2021 Oregon Energy Efficiency Specialty Code (OEESC) is in effect.

(6) An owner that is altering, restoring, or replacing an eligible commercial or public building, or multifamily housing structure or facility shall be eligible to receive an incentive of $5,000 per eligible structure, in addition to the amount they may be eligible to receive under OAR 330-260-0040(1) if:

(a) The structure is located within the same lot or parcel as the original structure being altered, restored, or replaced;

(b) The alteration, restoration, or replacement is complete;

(d) The commercial or public building, or multifamily housing structure or facility is 25,000 square feet or less in conditioned space;

(e) Any required inspections have been completed following completion of an above energy code building program; and

(7) An owner that is altering, restoring, or replacing an eligible commercial or public building, or multifamily housing structure or facility shall be eligible to receive an incentive of $6,000 per eligible structure in addition to the amount they may be eligible to receive under OAR 330-260-0040(2) if:

(a) The structure is located within the same lot or parcel as the original structure being altered, restored, or replaced;

(b) The alteration, restoration, or replacement is complete;

(d) The commercial or public building, or multifamily housing structure or facility is 25,001 square feet or more in conditioned space;

(e) Any required inspections have been completed following completion of an above energy code building program; and

(8) Qualifying above energy code building programs include:

(a) Energy Trust of Oregon’s New Buildings Program.

(b) Bonneville Power Administration’s Commercial New Multifamily Construction Program.

(c) Consumer Owned Utility energy efficiency commercial programs verifying commercial structures are 10 percent more energy efficient or greater than code on a site energy consumption basis.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 669 (House Bill 5006)
Statutes/Other Implemented: Oregon Laws 2021, chapter 669 (House Bill 5006)
DOE 2-2022, adopt filed 03/21/2022, effective 03/21/2022

Or. Admin. R. 330-260-0050 Incentives for Manufactured Dwellings

(1) An owner replacing a destroyed or damaged manufactured dwelling or residential structure shall be eligible for an incentive of $12,500 at the time of purchase of a new energy efficient manufactured dwelling if:

(a) The new manufactured dwelling will be sited within Oregon; and

(b) The new manufactured dwelling meets or exceeds the NEEM 1.1 code for energy efficiency, or the owner is participating in one of the following qualified energy efficient manufactured dwelling replacement programs:

(A) Oregon Housing and Community Services Manufactured Home Replacement Loan Program.

(B) Energy Trust of Oregon Manufactured Home Replacement Program.

(D) Oregon Consumer Owned Utility new manufactured home program.

(2) A new or previously owned manufactured dwelling purchased to replace a manufactured dwelling or residential structure damaged or destroyed in the 2020 wildfires may qualify for an incentive of up to $5,000 for the installation of a new heat pump system, or by supplementing or replacing an existing heating system with a heat pump system.

(a) The appropriate heat pump system type and sizing of the system must be determined by a qualified contractor.

(b) The heat pump system must be installed by a qualified contractor, as outlined in OAR 330-260-0070.

(c) If manufactured before January 1, 2023, the heat pump system must have a baseline efficiency of 9.0 HSPF, SEER of 14, and be properly sized to the structure. If manufactured on or after January 1, 2023, the heat pump system must have a baseline efficiency of 7.6 HSPF2, SEER2 of 14.3, and be properly sized to the structure.

(d) Utility and Department incentives for installation of a new heat pump, supplementing or replacing an existing heating system may not exceed the installation cost of the system.

(e) The manufactured dwelling must be sited within Oregon.

(3) If a manufactured homeowner has replaced their manufactured home or upgraded the heating and cooling system with a heat pump system prior to applying for this incentive program, they shall be eligible to receive an incentive provided they meet all other applicable eligibility requirements.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 669 (House Bill 5006)
Statutes/Other Implemented: Oregon Laws 2021, chapter 669 (House Bill 5006)
DOE 3-2023, amend filed 08/17/2023, effective 08/17/2023
DOE 2-2022, adopt filed 03/21/2022, effective 03/21/2022

Or. Admin. R. 330-260-0060 Low- or Moderate-Income Eligibility

To qualify for an incentive offered under the program for low- or moderate-income residential structure owners, the owner must provide proof of eligibility. Proof of eligibility must be provided in one of the following ways:

(1) An owner will be considered eligible if the Department verifies with the Oregon Housing and Community Services Department that the owner, at the time of applying for an incentive, is eligible or was eligible in the three years prior to February 1, 2022, for one of the following Oregon Housing and Community Services Department programs:

(a) Low Income Home Energy Assistance Program (LIHEAP).

(b) Oregon Energy Assistance Program (OEAP).

(2) An owner will be considered eligible if the owner provides the Department an eligibility notice for the owner’s household for one of the following Oregon Department of Human Services or Oregon Health Authority programs that was received during the seven months prior to applying for an incentive with the Oregon Department of Energy:

(a) Supplemental Nutrition Assistance Program (SNAP).

(b) Oregon Health Plan (OHP) (Medicaid).

(c) Children’s Health Insurance Program (CHIP; this option is available only for households consisting of six or fewer people).

(3) An owner will be considered eligible if they provide the Department with either an Oregon Department of Revenue tax transcript or US Internal Revenue Service tax transcript for each tax filer residing at the household for the most recent tax filing year immediately preceding the current year, or the transcript for the year prior if the tax return for the most recent tax filing year has not yet been filed, that demonstrates their household income is less than or equal to 100 percent of state median income adjusted for household size.

(4) An owner will be considered eligible if the Department verifies the owner meets the incentive program’s low- or moderate-income eligibility requirements or equivalent income levels with an organization, such as a local community action agency, that the Department has established an agreement with. Methods by which an organization that the Department has established an agreement with may verify a person meets the requirements in OAR 330-260-0060 or demonstrates equivalent income levels will be established in the agreement between organization and Department.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 669 (House Bill 5006)
Statutes/Other Implemented: Oregon Laws 2021, chapter 669 (House Bill 5006)
DOE 2-2022, adopt filed 03/21/2022, effective 03/21/2022

Or. Admin. R. 330-260-0070 HVAC Contractor Participation and Eligibility

(1) To participate in the incentive program and offer to install a heat pump in a rebuilding manufactured home, a contractor must meet the eligibility requirements provided in these rules.

(2) A contractor that installs a heat pump system must hold any license, bond, insurance, or permit required to install a heat pump system and submit any requested appropriate documentation to the Department to be eligible to participate in the program. The contractor performing the installation must maintain all applicable licenses, bonds, insurance or permits throughout the construction, installation, and warranty period. Identification on one of the following lists can substitute for the need to submit appropriate documentation:

(a) The contractor is listed as an Energy Trust of Oregon heat pump trade ally who is currently eligible to apply for Energy Trust of Oregon incentives on behalf of customers.

(b) The contractor is identified as an approved heat pump installer on a list maintained by a consumer owned electric utility as defined in ORS 757.600 serving customers in one of the 2020 wildfire impacted areas.

(c) The contractor is identified as an approved ductless heat pump installer on a list maintained by the NW Ductless Heat Pump Project serving customers in one of the 2020 wildfire impacted areas.

(3) The Department reserves the right to verify all applicable licenses, bonds, insurance, permits or certifications of a contractor at any time, including a contractor’s status with utility or energy efficiency programs.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 669 (House Bill 5006)
Statutes/Other Implemented: Oregon Laws 2021, chapter 669 (House Bill 5006)
DOE 2-2022, adopt filed 03/21/2022, effective 03/21/2022

Or. Admin. R. 330-260-0080 Incentive Application

(1) The Department may begin accepting wildfire rebuilding incentive applications March 28, 2022. The Department may continue to accept new incentive applications throughout the duration of the program until all funds allocated to the program have been committed or prior to June 1, 2025, whichever comes first.

(2) An incentive application must be submitted using a form specified by the Department, be completed in full, and include the following at a minimum:

(a) Structure owner’s name.

(b) Site address.

(d) Telephone number and email address of owner when possible.

(e) Type of structure being rebuilt.

(f) The incentives being applied for.

(g) Building permit number, project tracking, sales or identification number, if applicable.

(h) If applicable, evidence the Department deems sufficient to demonstrate applicant meets requirements under OAR 330-260-0060 to be eligible for low-income incentives.

(i) If applicable, evidence the Department deems sufficient to demonstrate compliance with above code energy standards or participation in a utility new homes energy efficiency program.

(j) If applicable, evidence the Department deems sufficient to demonstrate eligibility for the incentive available under OAR 330-260-0050(1) for the purchase of a new energy efficient manufactured dwelling.

(k) Other information and documentation requested by the Department that is necessary to process and verify the application.

(3) In addition to the information requested in OAR 330-260-0080(2), the following information is also required on an application for an incentive for heat pump system installation in a manufactured dwelling:

(a) Appropriate information regarding existing heating system.

(b) Heat pump system information including its efficiency and configuration.

(d) If applicable, participation in a utility heat pump program and utility incentives received.

(e) Other information and documentation requested by the Department that is necessary to process and verify the application.

(4) The Department reserves the right to request additional information or documentation that the Department deems necessary to process and verify the application.

(5) The Department may require a response to any request for additional information or documentation within 30 days of the Department’s correspondence. If the applicant does not respond within 30 days the applicant may lose their reserved funds.

(6) A structure must have a rebuilding permit and application submitted to the Oregon Department of Energy prior to June 1, 2025, to receive an incentive.

(7) The Department reserves the right to verify all applicable licenses, bonds, insurance, permits, or certifications of a contractor or owner at any time.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 669 (House Bill 5006)
Statutes/Other Implemented: Oregon Laws 2021, chapter 669 (House Bill 5006)
DOE 3-2023, amend filed 08/17/2023, effective 08/17/2023
DOE 2-2022, adopt filed 03/21/2022, effective 03/21/2022

Or. Admin. R. 330-260-0090 Incentive Reservation Process

(1) If the necessary funds are available the Department shall reserve the requested incentive for the owner upon receipt of a complete application form.

(2) An owner may amend the requested incentive.

(3) An incentive amendment application must be received prior to the Department distributing funds to the owner or prior to June 1, 2025, whichever is earliest.

(4) The Department shall review applications to ensure all requested information is included before any incentive is released. The Department reserves the right to request additional information or documentation that the Department deems necessary to process and verify the application.

(5) An amended incentive application must be submitted in the manner specified by the Department and include the following at a minimum:

(a) Structure owner’s name.

(b) Site address.

(d) Telephone number and email address of owner when possible.

(e) Type of structure being rebuilt.

(f) The changes to the incentives being applied for.

(g) Building permit number, project tracking, sales or identification number, if applicable.

(h) Other information and documentation requested by the Department that is necessary to process and verify the change in the application.

(6) Any increase in the level of incentive applied for is subject to the availability of funds at the date the amended application is received.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 669 (House Bill 5006)
Statutes/Other Implemented: Oregon Laws 2021, chapter 669 (House Bill 5006)
DOE 3-2023, amend filed 08/17/2023, effective 08/17/2023
DOE 2-2022, adopt filed 03/21/2022, effective 03/21/2022

Or. Admin. R. 330-260-0100 Completion and Verification

(1) To receive the incentive the owner must notify the Department that the eligible structure has been rebuilt to the specified building code and energy efficiency requirements, and received occupancy approval by local jurisdiction code officials.

(2) The rebuilding incentive will be available following Department receipt of proof of occupancy by local jurisdiction code officials and any required verification of completion by a utility company if the owner is participating in an above energy code utility program. If the incentive is for installation of a new heat pump system, the owner must provide a copy of an installation invoice.

(3) After Department receipt of proof of the completion and verification, from the Department, electric utility, local jurisdiction code official, or state agency representative of installation of a qualifying manufactured home, or qualifying heat pump installation in a replacement manufactured home, the owner may receive their eligible incentive.

(4) To receive an incentive, the project must be complete and the Department must receive notification prior to June 30, 2025.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 669 (House Bill 5006)
Statutes/Other Implemented: Oregon Laws 2021, chapter 669 (House Bill 5006)
DOE 3-2023, amend filed 08/17/2023, effective 08/17/2023
DOE 2-2022, adopt filed 03/21/2022, effective 03/21/2022

Or. Admin. R. 330-260-0110 Compliance

(1) The owner, or their contractor representative, are responsible for completing all required building code inspections and incorporating all energy efficiency measures included in the original, or amended, plan designs.

(2) The owner, or their contractor representative, are responsible for completing all required utility verification inspections to participate in utility above code energy efficiency programs.

(3) The Department reserves the right to conduct a physical inspection of all sites that have received an incentive and to audit all documentation relating to a project receiving an incentive.

(4) The Director may order the revocation of an incentive or portion of an incentive under the program if the Director finds that the incentive was obtained by fraud or misrepresentation, or by mistake or miscalculation by the applicant or Department. As soon as the order of revocation becomes final, the Department shall proceed to recover the incentive or portion of the incentive that is subject to the order of revocation. All moneys provided to an owner or contractor attributable to the fraudulently or mistakenly obtained incentive or portion of the incentive shall be forfeited.

(5) A person aggrieved by a decision of the Director to revoke or reduce the amount of an incentive may request a contested case hearing under ORS Chapter 183 (Administrative Procedures Act).

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 669 (House Bill 5006)
Statutes/Other Implemented: Oregon Laws 2021, chapter 669 (House Bill 5006)
DOE 2-2022, adopt filed 03/21/2022, effective 03/21/2022

Division 270 COMMUNITY HEAT PUMP DEPLOYMENT PROGRAM

Or. Admin. R. 330-270-0000 Purpose

The purpose of these rules is to implement a grant program established by Oregon Laws 2022, Chapter 86, Sections 14-18 to award grants to eligible entities to provide financial assistance for the purchase and installation of heat pumps and related upgrades to individuals. The rules provide procedures for: administration of the program, application to the program, use of program funds, awarding funds, funding agreements, record keeping and reporting, and program compliance.

History

Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
DOE 1-2023, adopt filed 02/13/2023, effective 02/13/2023

Or. Admin. R. 330-270-0010 Definitions

(1) “Department” means the Oregon Department of Energy.

(2) “Electric utility” has the meaning given that term in ORS 757.600.

(3) “Eligible entity” has the definition given in Section 14(1) of Chapter 86, Oregon Laws 2022, and means a:

(a) Local government as defined in ORS 174.116;

(b) Local housing authority;

(d) Federally recognized Indian tribe in Oregon;

(e) Coordinated care organization as defined in ORS 414.025;

(f) Community action agency as described in ORS 458.505;

(g) Manufactured dwelling park nonprofit cooperative as defined in ORS 62.803; or

(h) An electric utility.

(4) “Energy burden” has the definition given in Section 14(1) of Chapter 86, Oregon Laws 2022, and means the percentage of gross household income spent on energy costs.

(5) “Environmental justice communities” has the meaning given that term in ORS 469A.400.

(6) “Heat pump” means an air-source or ground-source heat pump with an energy efficiency rating established under OAR 330-270-0040(6) or a higher efficiency rating.

(7) “Region” has the definition given in Section 14(1) of Chapter 86, Oregon Laws 2022, and means an economic development district in Oregon, designated by the Economic Development Administration of the United States Department of Commerce, for which a regional solutions center has been established under ORS 284.754.

History

Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
DOE 1-2023, adopt filed 02/13/2023, effective 02/13/2023

Or. Admin. R. 330-270-0020 Administration

(1) The Department may contract with one eligible entity for each region and one eligible entity for each federally recognized Indian tribe in Oregon. If awarded a grant for a region with approved alternative boundaries, an eligible entity may receive grant funding for each region within the alternative boundary. An eligible entity may receive grant funding for more than one federally recognized Indian tribe in Oregon or a combination of a region and one or more federally recognized Indian tribes in Oregon.

(2) The contracts shall be to provide financial assistance for the purchase and installation of heat pumps and related upgrades to individuals who reside within that region or who are members of that tribe.

(3) An eligible entity may partner with other eligible entities, but the entity awarded a grant shall take a lead role in administering the grant funds and providing financial assistance.

(4) A partner entity may assist the entity awarded a grant by providing, or assisting in the provision of, financial assistance.

(5) The department shall allocate grant funds to grantees based upon the following criteria:

(a) 30 percent of the available grant funding shall be divided equally between, and then allocated to, each region and federally recognized Indian tribe in Oregon;

(b) 30 percent of the available grant funding shall be allocated to the regions based upon the mean average heating zone of the counties in a region multiplied by the number of households that spend greater than six percent of their income on home energy costs and as a result are considered energy burdened;

(c) 40 percent of the available grant funding shall be allocated to the regions based upon the mean average cooling zone of the counties in a region multiplied by the number of households that spend greater than six percent of their income on home energy costs and as a result are considered energy burdened;

(d) Allocations to eligible entities selected for each federally recognized Indian tribe in Oregon will consist of the allocation of available grant funding under subsection (a) of this section of the rule, plus a proportion of the funding to the regions within a tribe’s service area under subsections (b) and (c). This proportion shall be based upon the proportion of occupied housing units in a tribe compared to the total number of occupied households in the regions in the service area of the tribe.

(6) Grantees shall, at a minimum, collect and process applications, verify project eligibility, and use grant funds to provide financial assistance to cover eligible purchase, installation, and upgrade costs.

History

Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
DOE 4-2024, amend filed 08/05/2024, effective 08/06/2024
DOE 1-2023, adopt filed 02/13/2023, effective 02/13/2023

Or. Admin. R. 330-270-0030 Entity Eligibility

(1) To be eligible to receive a grant, an eligible entity must establish in its application to the Department that it:

(a) Serves or represents:

(A) At least one environmental justice community within a region; or

(B) Members of a federally recognized Indian tribe in Oregon; and

(b) Has the capacity to administer grant funds for the program.

(2) Where an eligible entity serves or represents a community that is located within more than one region, that eligible entity may only apply for a grant for the region within which the greatest percentage of individuals of the community the entity serves or represents reside.

(3) An eligible entity may apply for a grant for one region or tribe and be a partner on an application by another eligible entity for another region or tribe.

(4)(a) An eligible entity that serves a specific geographic area may propose, in consultation with any electric utility that serves the area, that the Department use alternative boundaries to define a region.

(b) Alternative boundaries shall not result overlapping regional boundaries.

(d) The Department may approve the use of alternative boundaries if 51 percent or more of the eligible entity’s specific geographical area is within the proposed alternative boundaries.

History

Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
DOE 4-2024, amend filed 08/05/2024, effective 08/06/2024
DOE 1-2023, adopt filed 02/13/2023, effective 02/13/2023

Or. Admin. R. 330-270-0040 Use of funds

(1) A minimum of 85 percent of the awarded grant funds must be reserved for use by an eligible entity to provide financial assistance to individuals who reside within the entity’s region or who are members of that tribe for the purchase and installation of heat pumps and related upgrades. An eligible entity may use a percentage, as specified in a performance agreement, not to exceed 15 percent, of the awarded grant funds for program related administrative expenses and marketing costs.

(2) Eligible administrative and marketing costs include the following costs if they are necessary to administer and market the program:

(a) Direct costs to establish, implement, and monitor the program including staffing, materials, supplies, and travel.

(b) Other costs the department determines should be eligible because they are necessary to administer or market the program.

(3) Ineligible administrative and marketing costs include the following:

(a) Existing indirect costs including rent and utility costs.

(b) Other costs the department determines should be ineligible.

(4) An individual who benefits from the financial assistance must be the owner-occupant of a residential dwelling in Oregon where the heat pump will be installed.

(5) Financial assistance may be provided in the following forms:

(a) Loans, which must be zero-percent interest.

(b) Grants.

(d) Incentives.

(6) To be eligible for financial assistance for its purchase and installation, a heat pump must meet, or exceed, the following minimum requirements and meet the requirements in 330-270-0040(11):

(a) A split-system heat pump that has an HSPF2 of 7.5 and a SEER2 of 14.3, or equivalent HSPF and SEER value.

(b) A single-package heat pump that has an HSPF2 of 6.7 and a SEER2 of 13.4, or equivalent HSPF and SEER value.

(d) A open loop water-to-air heat pump that has an EER of 21.1 and a COP of 4.1.

(e) A closed loop water-to-water heat pump that has an EER of 16.1 and a COP of 3.1.

(f) A open loop water-to-water heat pump that has an EER of 20.1 and a COP of 3.5.

(g) A direct geoexchange heat pump that has an EER of 16.0 and a COP of 3.6.

(7) The maximum amount per dwelling that may be payable toward the purchase and installation of a heat pump that meets or exceeds the minimum requirements in 330-270-0040(6) but does not meet the minimum requirements in 330-270-0040(8) is $5000, not to exceed 100 percent of the purchase and installation costs of a heat pump.

(8) An eligible entity may propose a financial assistance offering higher than that specified in 330-270-0040(7) for a higher efficiency heat pump up to the maximum amount specified in 330-270-0040(9). To be eligible for financial assistance for its purchase and installation, a higher efficiency heat pump must meet or exceed the following requirements and meet the requirements in 330-270-0040(11):

(a) A split-system air source heat pump that has an HSPF2 of 8.1 or greater and a SEER2 of 16 or greater, or equivalent HSPF and SEER value.

(b) A single-package air source heat pump that has an HSPF2 of 8 or greater and a SEER2 of 16 or greater, or equivalent HSPF and SEER value.

(c) A ducted air source heat pump, either packaged or split system that has an HSPF2 of 8.55 or greater and a SEER2 of 16 or greater, or equivalent HSPF and SEER value.

(d) A closed loop water-to-air heat pump that has an EER of 18 or greater and a COP of 3.8 or greater.

(e) An open loop water-to-air heat pump that has an EER of 22 or greater and a COP of 4.3 or greater.

(f) A closed loop water-to-water heat pump that has an EER of 17 or greater and a COP of 3.3 or greater.

(g) An open loop water-to-water heat pump that has an EER of 21 or greater and a COP of 3.7 or greater.

(h) A direct geoexchange heat pump that has an EER of 17 or greater and a COP of 3.8 or greater

(9) The maximum amount per dwelling that may be payable toward the purchase and installation of a heat pump that meets or exceeds the minimum requirements in 330-270-0040(8) is $7000, not to exceed 100 percent of the purchase and installation costs of a heat pump.

(10) An eligible entity may propose in their application financial assistance offerings lower than the maximum amounts established in these rules and may propose different levels of financial assistance for different types of heat pumps.

(11) To be eligible for financial assistance, the installation of the heat pump must meet the following requirements:

(a) The indoor and outdoor units must be designed to be compatible with one another according to the manufacturer’s product specifications, and the proposed system must match the efficiency rating test conditions. The heat pump must be Air-Conditioning, Heating, and Refrigeration Institute (AHRI) certified.

(b) The heat pump must be appropriately sized to the space or structure.

(c) The heat pump must be installed to heat and cool a living area in a residential dwelling, a space such as a garage is not eligible.

(d) The heat pump system must be installed in accordance with the manufacturer’s specifications.

(e) The heat pump system must receive all applicable electrical, mechanical or structural permits from the local jurisdiction and pass all final inspections conducted by the authority having jurisdiction.

(f) The heat pump’s auxiliary heat control must be set at or below a temperature of 35 degrees Fahrenheit, unless the eligible entity permits a higher temperature setting or in situations when supplemental heating is required during a defrost cycle or system failure. An eligible entity must propose situations in which a higher temperature would be permitted in their application to the program.

(g) The heat pump system must be installed by a contractor. A contractor that installs a heat pump, or a subcontractor that installs a heat pump on behalf of a contractor that offers heat pumps for sale, must hold any license, bond, insurance or permit required to sell and install the heat pump. The contractor or any subcontractor performing the installation must maintain all applicable licenses, bonds, insurance or permits required throughout the installation period until the installation of the heat pump is complete.

(h) The heat pump system must include at least a five-year warranty against manufacturer defects.

(i) The installation of the heat pump system must include at least a one-year labor warranty covering the system.

(12) An eligible entity may propose additional project eligibility or higher efficiency requirements for heat pump installations in their application.

(13) An eligible entity may propose in their application financial assistance offerings for the purchase and installation of a heating or cooling device that has an efficiency rating similar to or higher than that of a heat pump and that provides additional benefits such as improving indoor air quality or lowering an individual’s energy burden. The proposal must outline the efficiency requirements and required additional benefits of a heating or cooling device that would be required for it to be eligible. The maximum amount per dwelling that may be payable toward the purchase and installation of a heating or cooling device is $4000, not to exceed 100 percent of the purchase and installation costs of a heating or cooling device.

(14) The grantee shall reduce the amount payable toward the purchase and installation if the amount combined with other incentives received for the purchase and installation of a heat pump, or heating or cooling device, exceeds 100 percent of the purchase and installation cost.

(15) The grantee may use grant funds to cover $4000 per dwelling, up to 100 percent of the costs, for eligible related upgrades that support or enable the use of a heat pump. Eligible related upgrades that support or enable the use of a heat pump include the following:

(a) A new electrical panel or other upgrades to the electrical system of a home or building.

(b) Weatherization or other structural repairs that reduce home or building heat and cooling loss.

(16) The grantee shall reduce the amount payable toward the related eligible upgrades if the amount combined with other incentives received that are related to the upgrades exceeds 100 percent of the cost of the upgrades.

(17) A grantee shall prioritize the provision of financial assistance to:

(a) Environmental justice communities as defined in ORS 469A.400. The following outlines how an individual qualifies as a member of an environmental justice community, unless an eligible entity proposes an alternative method for a region or tribe that the Department accepts. If the Department does not accept the proposed alternative method, it shall default to the method outlined below:

(A) Community of color: an individual who self identifies as an ethnicity and/or racial heritage other than white alone.

(B) Community experiencing lower incomes: an individual whose household income is equal to or below the highest of the following:

(i) 200 percent of the federal poverty level.

(ii) 60 percent of the state median income.

(D) Rural communities: an individual whose primary residence is in a community with a population of less than 50,000 people.

(E) Coastal communities: an individual whose primary residence is located within the area between the Oregon coast to the crest of the coast range.

(F) Communities with limited infrastructure: an individual whose primary residence is in a place with limited access to public works and services such as roads, transportation, power, water, or schools.

(G) Seniors: an individual who is aged 60 years or older.

(H) Youth: an individual whose age is equal to or between 15 and 24 years.

(I) Persons with disabilities: an individual who has a physical or mental impairment that substantially limits one or more major life activities.

(b) Individuals who rely on bulk fuels or electric resistance heating.

(18) An eligible entity shall use an attestation by the individual to determine which, if any, prioritized categories the individual qualifies for, unless the entity is proposing to prioritize through outreach or marketing, in which case the entity may attest whether an individual or community qualifies.

(19) An eligible entity shall propose the methods of prioritization in their application. Methods of prioritization may include, but are not limited to:

(a) A waiting list;

(b) Expedited processing times;

(20) If awarded a grant, an electric utility may only provide financial assistance using grant funds to individuals who reside within the utility’s service area and are within the region for which they have been awarded a grant. The utility shall partner with one or more eligible entities to provide financial assistance to individuals who reside outside the utility’s service area and within the region they have been awarded a grant for.

History

Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
DOE 1-2023, adopt filed 02/13/2023, effective 02/13/2023

Or. Admin. R. 330-270-0050 Funding application, funding award and agreement

(1) An eligible entity may apply for a grant by submitting a complete grant application. The application must meet requirements provided by applicable statutes, these rules and the applicable funding announcement.

(2) The application must be submitted using a form specified by the Department and include at a minimum the following information:

(a) Identification of applicant and partners:

(A) The name of the applicant.

(B) The name, address, email address and telephone number of the responsible party for the applicant.

(b) The region or federally recognized Indian tribe in Oregon the entity is applying for.

(A) An environmental justice community or communities within a region; or

(B) Members of a federally recognized Indian tribe in Oregon.

(d) A description of:

(A) The entity’s capacity to administer any grant funds received.

(B) The proposed financial offerings and heat pump installation requirements.

(C) The proposed methods to prioritize financial assistance to the individuals and communities listed in OAR 330-270-0040(17). This should include a description of how individuals and communities that meet more than one prioritization category will be prioritized.

(D) The upgrades eligible to receive financial assistance.

(E) The estimated budget for administrative and marketing expenses.

(e) Other information requested in the application.

(3) The Department will evaluate all applications for funding to ensure the requirements in statute, rule, and in the funding announcement are met. In awarding grants, the Department shall give preference to eligible entities with:

(a) Experience in administering state grant programs or programs similar to the Heat Pump Deployment Program.

(b) Experience with community program development within a region or with members of a tribe

(4)(a) Eligible entities selected to be awarded a grant shall have 30 calendar days from the date on which the performance agreement is provided to the applicant to accept the performance agreement. An applicant’s failure to accept the performance agreement by the deadline may cause the rejection of the grant application.

(b) If an eligible entity fails to enter into a performance agreement within 30 calendar days of the date on which the department provided the performance agreement to the entity, the department may select an alternative applicant.

(5) The performance agreement must include the following terms and may also include additional terms:

(a) The maximum amount of the grant and the entity to which funds will be disbursed.

(b) The maximum duration of the performance agreement.

(d) A provision allowing the performance agreement to be terminated for reasons stated in the agreement and subject to terms described in the agreement.

(e) The grant payment schedule.

(f) Provisions regarding repayment of unspent funds at checkpoints specified in the agreement and at the end of the of the agreement. Unspent funds that are repaid may be reallocated by the Department to one or more grantees based upon the funding allocation formula in OAR 330-270-0020(5). Calculation of reallocated funds using the formula will exclude those grantees who have repaid unspent funds.

History

Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
DOE 1-2023, adopt filed 02/13/2023, effective 02/13/2023

Or. Admin. R. 330-270-0060 Record keeping, reporting, and compliance monitoring

(1) Grantees and their partners must maintain accurate financial records satisfactory to the Department, which document the receipt and disbursement of all Community Heat Pump Deployment Program funds. Grantees must have an accounting system in place satisfactory to the Department.

(2) Grantees and their partners must maintain other Community Heat Pump Deployment Program records satisfactory to the Department.

(3) To ensure proper compliance and monitoring of the Community Heat Pump Deployment Program, grantees and their partners must:

(a) Provide the Department access to and permit copying of all electronic and hardcopy accounts, documents, audits, and records.

(b) Cooperate fully in any inspections or other monitoring actions taken by the Department.

(c) Retain and keep accessible all Community Heat Pump Deployment Program records and data as requested by the Department.

(d) Conduct and keep records of their own inspection of heat pump installations as specified in the performance agreement.

(4) The Department may conduct reviews, audits, inspections, and other compliance monitoring as it deems appropriate with respect to each grantee and its partners to verify compliance with the program requirements. Grantees and their partners must cooperate fully with the Department in its compliance monitoring activities.

(5) Grantees must require by contract and monitor their partners’ compliance with all program requirements including, but not limited to, recordkeeping and retention of records.

(6) Grantees and their partners shall notify the electric utility serving the home that a heat pump is being installed and state whether grant funds may be used for necessary electric distribution system upgrades associated with the installation of the heat pump.

(7) Each grantee must provide a report to the Department for the period July 1 to June 30 for each year by a date specified in the performance agreement. The report shall not include the personal information of the recipients of financial assistance, but must include:

(a) A detailed description of the grantee’s, and their partner’s, use of grant funds;

(b) A list of each funding payment the grantee, and their partner(s), has provided, and in the case of loans, a full accounting of the repayment status;

(c) The nature and amounts of the administrative expenses and marketing costs the grantee has incurred in providing payments under the program;

(d) Any other information required by the Department.

(8) In addition to the reporting requirements in (7), each grantee must provide reports during the year at a frequency determined by the Department and specified in the performance agreement. The required information may be different from those outlined in (7).

History

Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
DOE 4-2024, amend filed 08/05/2024, effective 08/06/2024
DOE 1-2023, adopt filed 02/13/2023, effective 02/13/2023

Or. Admin. R. 330-270-0070 Performance of grantees, remedies

(1) The Department reserves the right to identify deficiencies in the performance of any grantee or their partners discovered during compliance monitoring activities and take remedial action upon the grantees, including, but not limited to terminating its funding agreement with a grantee and requiring repayment of Community Heat Pump Deployment Program funding.

(2) To remedy any identified deficiencies, the Department:

(a) Must issue a deficiency notice notifying a grantee of deficiencies identified through the monitoring process and provide documentation for the basis of such determination and the specific deficiencies that must be corrected;

(b) Must require the grantee to correct any deficiencies in a manner and time satisfactory to the Department.

(3) A grantee must repay to the Department grant funds that the grantee, or their partners, does not use in accordance with the provisions of the performance agreement.

(4) The Director of the Oregon Department of Energy may order the grantee repay a portion or all of the grant funds if the Director finds that there are grounds of misappropriation, fraud or similar reasons after auditing or investigating the grantee’s, or their partner’s, operations and conducting a contested case hearing under ORS 183.413 to 183.470.

History

Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
DOE 1-2023, adopt filed 02/13/2023, effective 02/13/2023

Or. Admin. R. 330-270-0080 Amendments to Performance Agreement

(1) If a grantee wishes to amend a performance agreement entered into with the Department under OAR 330-270-0050, the grantee must submit a written request to the director.

(2) The grantee must describe the proposed change to the performance agreement and the reasons for the change.

(3) The grantee must demonstrate that the program operated by the grantee will continue to meet the requirements of statute, rule, and the opportunity announcement.

(4) The Department shall evaluate amendment requests to determine whether the proposed change(s) would have affected the outcome of competitive review, which may result in denial of the amendment request.

(5) The Department shall decide whether to approve the amendment request.

(a) If approved, the Department shall draft an amended performance agreement, which may contain new or amended conditions and requirements. The amended performance agreement shall become effective upon signature by all parties. Decisions to approve amendment requests shall be based on whether the grantee meets the requirements in (3) and whether the Department determines that the proposed changes would not have affected the outcome of the competitive review.

(b) If denied, the Department shall notify the grantee in writing. The notice will include the reasons for the denial of the amendment request.

(6) If a grantee wishes to amend the boundary of the region that they have previously been awarded a grant for, by proposing an alternative boundary, they must comply with the following requirements:

(a) If the proposed alternative boundary would include a new region, the grantee must submit a complete grant application during an open opportunity announcement for that region. If the grantee is subsequently awarded the grant for that region, the Department shall draft an amendment to the grantee’s performance agreement that includes the newly awarded funding amount and the newly awarded region in an alternative boundary.

(b) If the proposed alternative boundary removes a region from within the boundary identified in the performance agreement, the grantee must repay to the Department all unspent funds that were allocated for the region that the grantee will no longer serve.

History

Statutory/Other Authority: SB 1536 and SB 1525
DOE 4-2024, adopt filed 08/05/2024, effective 08/06/2024

Division 280 OREGON RENTAL HOME HEAT PUMP PROGRAM

Or. Admin. R. 330-280-0000 Purpose

The purpose of these rules is to implement a heat pump rebate program established by Oregon Laws 2022, Chapter 86, Sections 19-23 (Senate Bill 1536). The rules provide procedures for: submitting reservation, rebate and grant requests, project and contractor eligibility, agency review of reservation, rebate, and grant requests, and agency audits and inspections to ensure compliance.

History

Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
DOE 2-2023, adopt filed 04/17/2023, effective 04/18/2023

Or. Admin. R. 330-280-0010 Definitions

(1) “Department” means the Oregon Department of Energy.

(2) “Director” means the director of the Oregon Department of Energy.

(3) “Heat pump” means an air-source or ground-source heat pump with an energy efficiency rating established under OAR 330-280-0040(1) or a higher efficiency rating.

(4) “Purchase price” means the cost to purchase and install a heat pump, before considering incentives.

History

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
DOE 2-2023, adopt filed 04/17/2023, effective 04/18/2023

Or. Admin. R. 330-280-0020 Contractor Eligibility

(2) The Department may begin accepting contractor registrations May 1, 2023. The Department may continue to accept new contractor registrations throughout the duration of the program until all funds allocated to the program have been spent or the sunset of the program, whichever comes first.

(3) A contractor must meet the eligibility requirements listed below and submit appropriate documentation to the Department. The Department shall verify the completeness and accuracy of information submitted by a contractor as part of the contractor registration process.

(a) A contractor that installs a heat pump, or a subcontractor that installs a heat pump on behalf of a contractor that offers heat pumps for sale, must hold any license, bond, insurance, or permit required to sell and install the heat pump. The contractor or any subcontractor performing the installation must maintain all applicable licenses, bonds, insurance or permits required throughout the installation period until the installation of the heat pump is complete.

(b) The contractor must have an active license with the Construction Contractors Board and no Construction Contractors Board disciplinary actions for the two years prior to the rebate reservation request.

(c) If applicable, the contractor must have proof of Workers’ Compensation Insurance Coverage and have not been issued a non-complying employer order in the two years prior to the rebate reservation request.

(d) The contractor must either have no Occupational Safety and Health Division violations for the two years prior to the rebate reservation request or demonstrate having paid any fines and abated any violations.

(e) The contractor must demonstrate a history of compliance with the administrative rules and requirements of the Bureau of Labor and Industries by meeting the following requirements:

(A) Have no final order determinations from the Labor Commissioner for the two years prior to the rebate reservation request; and

(B) Be absent from the list of contractors maintained by the Bureau of Labor and Industries that are ineligible to receive public works contracts.

(4) The Department reserves the right to verify all applicable licenses, bonds, insurance, and permits of a contractor at any time.

(5) The Department shall verify a contractor’s compliance with the Construction Contractors Board, Occupational Safety and Health Division, Bureau of Labor and Industries, and if applicable, Workers’ Compensation Division, prior to approving or denying a rebate reservation request. Evidence that a contractor has paid any fines and abated any violations shall not require verification with the Occupational Safety and Health Division. Failure to comply shall result in a denial of the rebate reservation.

History

Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
DOE 2-2024, amend filed 04/30/2024, effective 05/01/2024
DOE 2-2023, adopt filed 04/17/2023, effective 04/18/2023

Or. Admin. R. 330-280-0030 Project Eligibility

(1) To be eligible for a rebate for the sale or installation of a heat pump, the project must meet the following requirements:

(a) The heat pump must be installed by an eligible contractor. The contractor may use subcontractors in the installation of a heat pump; however, all firms and individuals working on the installation of a heat pump, whether working on behalf of the contractor or a subcontractor, must hold any license, bond, insurance, or permit required for the work performed.

(b) A contractor must submit a reservation application before installing a heat pump.

(A) A dwelling unit used as a residential tenancy, which does not include vacation occupancy or transient occupancy in a hotel or motel as defined in ORS 90.100; or

(B) A manufactured dwelling or recreational vehicle that is located in a rented space in a manufactured dwelling or recreational vehicle park.

(d) The heat pump must be installed and function to provide heating and cooling for the living area of a dwelling; a space used only for storage is not eligible.

(e) The heat pump must meet the technical specifications provided in these rules.

(f) All necessary permits must have been received from the local jurisdiction and any final inspections conducted by the authority having jurisdiction must be passed.

(g) The indoor and outdoor units must be designed to be compatible with one another according to the manufacturer’s product specifications and the proposed system must match the efficiency rating test conditions. The heat pump must be Air-Conditioning, Heating, and Refrigeration Institute (AHRI) certified.

(h) The heat pump must be appropriately sized to the space or structure. A contractor may attest that the heat pump is appropriately sized in the reservation application. The Department reserves the right to audit the heat pump sizing documentation provided in the reservation application to verify that the heat pump is appropriately sized to the space or structure before or after a rebate is reserved for a contractor.

(i) The heat pump system must be installed in accordance with the manufacturer’s specifications.

(j) If applicable, the heat pump’s auxiliary heat control must be set at or below a temperature of 35 degrees Fahrenheit, except in situations when supplemental heating is required during a defrost cycle or system failure.

(k) The heat pump system must include at least a five-year warranty against manufacturer defects.

(l) Installations of heat pump systems must include at least a one-year labor warranty covering the system.

(m) Under no circumstances will more than one rebate be issued under the program for the purchase and installation of the same heat pump.

(n) The heat pump must be new, meaning that it has not previously been used to provide heating or cooling.

(2) To be eligible for a grant for upgrades to facilitate the installation of a heat pump, the project must meet the following requirements:

(a) A rebate for the sale or installation of a heat pump must have been reserved.

(b) Upgrades must be to facilitate the installation of a heat pump. These may include:

(A) A new electrical panel or other upgrades to the electrical system of the dwelling the department determines are eligible;

(B) Mechanical upgrades to facilitate the installation of a heat pump the department determines are eligible;

(d) All necessary permits must have been received from the local jurisdiction and any final inspections conducted by the authority having jurisdiction must be passed.

History

Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
DOE 2-2024, amend filed 04/30/2024, effective 05/01/2024
DOE 2-2023, adopt filed 04/17/2023, effective 04/18/2023

Or. Admin. R. 330-280-0040 Heat Pump Technical Specification

(1) A heat pump eligible to receive a rebate must meet or exceed the following requirements:

(a) A split-system heat pump that has a Heating Seasonal Performance Factor of HSPF2 of 7.5 and a Seasonal Energy Efficiency Ratio of SEER2 14.3, or equivalent HSPF and SEER value.

(b) A single-package heat pump that has an HSPF2 of 6.7 and a SEER 2 of 13.4, or equivalent HSPF and SEER value.

(d) An open loop water-to-air heat pump that has an EER of 21.1 and a COP of 4.1.

(e) A closed loop water-to-water heat pump that has an EER of 16.1 and a COP of 3.1.

(f) An open loop water-to-water heat pump that has an EER of 20.1 and a COP of 3.5.

(g) A direct geoexchange heat pump that has an EER of 16.0 and a COP of 3.6.

(2) A heat pump eligible to receive additional funds as a higher efficiency heat pump must meet or exceed the following requirements:

(a) A ductless split-system heat pump that has a Heating Seasonal Performance Factor of HSPF2 of 8.1 and a Seasonal Energy Efficiency Ratio of SEER2 16, or equivalent HSPF and SEER value.

(b) A ductless single-package heat pump that has an HSPF2 of 8 and a SEER 2 of 16, or equivalent HSPF and SEER value.

(c) A ducted air source heat pump, either packaged or split system that has an HSPF2 of 8.55 and a SEER2 of 16, or equivalent HSPF and SEER value.

(d) A closed loop water-to-air heat pump that has an EER of 18 and a COP of 3.8.

(e) An open loop water-to-air heat pump that has an EER of 22 and a COP of 4.3.

(f) A closed loop water-to-water heat pump that has an EER of 17 and a COP of 3.3.

(g) An open loop water-to-water heat pump that has an EER of 21 and a COP of 3.7.

(h) A direct geoexchange heat pump that has an EER of 17 and a COP of 3.8.

History

Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
DOE 2-2024, amend filed 04/30/2024, effective 05/01/2024
DOE 2-2023, adopt filed 04/17/2023, effective 04/18/2023

Or. Admin. R. 330-280-0050 Rebate amounts

(1)(a) A rebate of up to $2,000 may be claimed per dwelling unit for the purchase and installation of a heat pump that:

(A) Meets or exceeds the efficiency standards in OAR 330-280-0040(1); and

(B) Is installed in a dwelling unit used as a residential tenancy.

(b) An additional amount, up to $1,000, may be claimed as part of the rebate in OAR 330-280-0050(1)(a) if the heat pump meets or exceeds the higher efficiency standards in OAR 330-280-0040(2).

(c) An additional amount, up to $2,000, may be claimed as part of the rebate in OAR 330-280-0050(1)(a) if the heat pump is installed in a dwelling unit used as a residential tenancy that meets low- or moderate-income eligibility requirements in OAR 330-280-0070.

(d) The total rebate amount claimed under OAR 330-280-0050(1) may not exceed $5,000 or 60 percent of the purchase price of the heat pump unit installed, whichever is less.

(2)(a) A rebate of up to $2,000 may be claimed per dwelling for the purchase and installation of a heat pump that:

(A) Meets or exceeds the efficiency standards in OAR 330-280-0040(1); and

(B) Is installed in a manufactured dwelling or recreational vehicle that is located in a rented space in a manufactured dwelling or recreational vehicle park.

(b) An additional amount, up to $2,000, may be claimed as part of the rebate in OAR 330-280-0050(2)(a) if the heat pump meets or exceeds the higher efficiency standards in OAR 330-280-0040(2).

(c) An additional amount, up to $3,000, may be claimed as part of the rebate in OAR 330-280-0050(2)(a) if the heat pump is installed in a manufactured dwelling or recreational vehicle that meets low- or moderate-income eligibility requirements in OAR 330-280-0070.

(d) The total rebate amount claimed under OAR 330-280-0050(2) may not exceed $7,000 or 80 percent of the purchase price of the heat pump unit installed, whichever is less.

(3) The department shall reduce the rebate amount, if the rebate combined with other incentives received for the purchase or installation of a heat pump exceeds 100 percent of the purchase price.

History

Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
DOE 2-2023, adopt filed 04/17/2023, effective 04/18/2023

Or. Admin. R. 330-280-0060 Associated Upgrades

(1) The following are the maximum amounts that may be claimed as a grant for upgrades to facilitate the installation of a heat pump in a dwelling unit used as a residential tenancy or a manufactured dwelling or recreational vehicle:

(a) When the low- or moderate-income eligibility designation in OAR 330-280-0070 is not met: $2,000 up to 100% of the cost of eligible upgrades.

(b) When the low- or moderate-income eligibility designation in OAR 330-280-0070 is met: $4,000 up to 100% of the cost of eligible upgrades.

(2) The department shall reduce the grant amount if the grant combined with other incentives received for the upgrades exceeds 100 percent of the costs of the upgrade.

History

Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
DOE 2-2023, adopt filed 04/17/2023, effective 04/18/2023

Or. Admin. R. 330-280-0070 Low- or Moderate-Income Eligibility

(1) In order to qualify for a rebate offered under the program for low- or moderate-income tenants, the owner of the dwelling where the installation will be located must provide proof of eligibility. Proof of eligibility shall be provided in at least one of the following ways:

(a) The owner provides the Department with a U.S. Internal Revenue Service or Oregon Department of Revenue tax transcript for each tax filer residing at the dwelling where the heat pump shall be installed. A tax transcript must be for the most recent tax filing year immediately preceding the current year, or the transcript for the year prior if the tax return for the most recent tax filing year has not yet been filed. A transcript must also demonstrate the household adjusted gross income is less than or equal to 100 percent of state median income adjusted for the applicable household size.

(b) The owner provides the Department an eligibility notice for the household residing at the dwelling where the heat pump shall be installed that a member of the household has received in the past seven months for one of the following Oregon Department of Human Services, Oregon Health Authority, or Oregon Housing and Community Services programs or for one of the following programs administered by a federally recognized Tribe or Tribally Designated Housing Entity:

(A) Supplemental Nutrition Assistance Program (SNAP);

(B) Oregon Health Plan (OHP) (Medicaid);

(D) Temporary Assistance for Needy Families (TANF);

(E) Low Income Home Energy Assistance Program (LIHEAP);

(F) Oregon Energy Assistance Program (OEAP);

(G) Low Income Weatherization Assistance Program.

(c) The owner provides proof they are currently qualified under one or more of the following programs administered by Oregon Housing and Community Services at the rental housing where the heat pump shall be installed:

(A) A housing capital funding offering issued through a Notice of Funding Availability;

(B) Low Income Housing Tax Credits;

(D) Conduit/Pass-Through Revenue Bond Financing Program;

(E) Local Innovation and Fast Track Housing Program;

(F) Loan Guarantee Program and General Guarantee Program; or

(G) Oregon Rural Rehabilitation Loan Program.

(d) The owner provides the Department proof they are participating in the Housing Choice Voucher Program (Section 8) at the dwelling the heat pump shall be installed.

(e) The owner provides the Department proof that either:

(A) They provide activities and services funded by the United States Department of Housing and Urban Development Indian Housing Block Grant at the rental housing where the heat pump shall be installed; or

(B) The rental housing where the heat pump shall be installed was constructed using funds from the United States Department of Housing and Urban Development Indian Housing Block Grant.

(f) The owner provides the Department a certification, issued in the past 12 months, that a Tribal member residing at the dwelling where the heat pump shall be installed is qualified as low- or moderate-income, as attested to by a federally recognized Tribe or Tribally Designated Housing Entity.

(2) The Department will provide low- or moderate-income eligibility certification forms to contractors. For each installation where the customer claims eligibility for the rebate rate for low- or moderate-income tenants, all legal owners of the dwelling or their representative must sign the form certifying that the information is accurate. The contractor must submit a scanned copy of the form and accompanying documentation to the Department as part of the reservation application.

History

Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
DOE 1-2025, amend filed 01/22/2025, effective 01/27/2025
DOE 5-2024, temporary amend filed 08/23/2024, effective 08/26/2024 through 02/14/2025
DOE 2-2024, amend filed 04/30/2024, effective 05/01/2024
DOE 2-2023, adopt filed 04/17/2023, effective 04/18/2023

Or. Admin. R. 330-280-0080 Reservation Process

(1) Contractors must submit a reservation application to reserve a rebate for a heat pump using the Department’s designated software system. The Department may begin accepting reservation applications on or after May 1, 2023 from contractors who have established eligibility under the program.

(2) A contractor must submit a reservation application before installing a heat pump.

(3) The following information about the purchase and installation of a heat pump must be provided to the Department on the reservation application:

(a) Name of customer;

(b) Address of installation;

(d) Declaration from contractors that the heat pump is appropriately sized to the space or structure and heat pump sizing calculation information;

(e) Whether the customer claims to be qualified under the low- or moderate-income eligibility requirements;

(f) Eligible costs for the purchase and installation of the heat pump;

(g) Whether the project will receive any other incentives;

(h) Amount of other incentives, if applicable;

(i) Copy of a signed installation agreement that details the address where the installation will occur, the customer name, the cost, heat pump equipment details, warranty information, and other information as requested by the Department; and,

(j) Other information as requested by the Department.

(4) The Department will review reservation applications in the order that they are received and will provide written notice to the contractor once a reservation application has been approved or denied. Subject to the availability of funds, program funds will be reserved for a project following departmental approval of a reservation request.

(5) A reservation for a rebate is valid for 180 days unless extended under OAR 330-280-0090. If a rebate is not claimed within 180 days and the reservation is not extended, the reservation will no longer be valid. A contractor may reapply if the reservation expires.

(6) If a reservation application was approved and a heat pump installed and passed final inspection within the 180-day reservation period or, if extended, the 360-day reservation period, but the rebate was not claimed within that period, a contractor may request reinstatement of the previously reserved rebate. The Department may approve the request if the previously reserved funds are still available. The contractor must submit the reservation reinstatement request within the following timeframes:

(a) If the heat pump was installed from July 1, 2023, through February 14, 2025, the request must be received prior to May 1, 2025; or

(b) If the heat pump was installed after February 14, 2025, the request must be received within 90 days of the reservation being denied.

(7) At the time of submission of a rebate reservation application, or through an amendment, a contractor may submit an application for a grant for upgrades that facilitate the installation of the heat pump on behalf of the owner.

(8) The following information about the upgrades must be provided to the Department on the application for a grant:

(a) Name of owner;

(b) Address of upgrades;

(d) Whether the owner claims to be qualified under the low- or moderate-income eligibility requirements;

(e) Eligible costs associated with the upgrade;

(f) Whether the project will receive any other incentives;

(g) Amount of other incentives, if applicable; and,

(h) Other information as requested by the Department.

History

Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
DOE 1-2025, amend filed 01/22/2025, effective 01/27/2025
DOE 2-2024, amend filed 04/30/2024, effective 05/01/2024
DOE 2-2023, adopt filed 04/17/2023, effective 04/18/2023

Or. Admin. R. 330-280-0090 Amendments

(1) A contractor may make changes to the rebate reservation application after its submission and before claiming a rebate.

(2) If a contractor changes the application, such that the customer is eligible for a larger rebate amount than the initial reservation application, the increase in rebate amount is subject to the availability of funds as of the date the amended application is reviewed for approval or denial by the Department.

(3) At the end of the 180-day reservation period, the Department may grant one 180-day extension to each reservation upon request for any reason.

(4) A grant application may be amended by the contractor after its submission and before claiming the grant.

(5) If a grant application is changed such that the customer is eligible for a larger grant amount than the initial grant application, the increase in grant amount is subject to the availability of funds as of the date the amended application is reviewed for approval or denial by the Department.

History

Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
DOE 2-2023, adopt filed 04/17/2023, effective 04/18/2023

Or. Admin. R. 330-280-0100 Rebate and Grant request

(1) The eligible contractor seeking a rebate must supply the following information to the Department to convert a reservation into a rebate request:

(a) Name of customer;

(b) Address of installation of heat pump;

(d) Heat pump installation completion date. The installation completion date is the date that the heat pump installation has passed its final inspection by the authority having jurisdiction;

(e) The projected energy savings from the installation of the heat pump using resources and methods detailed in the application;

(f) Proof of completion, including permits received from the authority having jurisdiction over permitting for the heat pump;

(g) Documentation that the contractor, and any subcontractors who performed installation of the heat pump has any license, bond, insurance or permit required for the installation of the heat pump;

(h) A statement signed by both the contractor and the customer for whom the heat pump is installed that the customer has received the full value of the rebate as a reduction in the net cost of the purchase or installation of the system and that the rebate was clearly reflected on an invoice provided to the customer; and,

(i) Other information requested by Department.

(2) The eligible contractor seeking a grant must supply the following information to the Department to claim a grant:

(a) Name of customer;

(b) Address of upgrades;

(d) Upgrade completion date;

(e) Proof of completion, including permits received from the authority having jurisdiction over permitting for the upgrade, if applicable; and,

(f) A statement signed by both the contractor and the customer for whom the upgrades were completed that the customer has received the full value of the grant as a reduction in the net cost of the upgrades and that the grant was clearly reflected on an invoice provided to the customer.

History

Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
DOE 2-2023, adopt filed 04/17/2023, effective 04/18/2023

Or. Admin. R. 330-280-0110 Allocation of funds

(1) Subject to limits on the percentage of funding that may be spent under the program for specific categories of installations, the Department will allocate rebate and grant funding according to the order in which the applications are approved by the Department. The Department will review applications in the order in which they are submitted.

(2) In each calendar year:

(a) At least 25 percent of the funds must be reserved for rebates and grants for affordable housing providers;

(b) At least 25 percent of the funds must be reserved for rebates and grants for owners of dwellings occupied by low or moderate income households.

(3) If total funds spent and allocated for installations for affordable housing providers and owners of dwellings occupied by low or moderate income households are less than those specified in OAR 330-280-0110(2) for that calendar year, then the unspent and unallocated funds may be made available to all applicants in the following year.

History

Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
DOE 2-2024, amend filed 04/30/2024, effective 05/01/2024
DOE 2-2023, adopt filed 04/17/2023, effective 04/18/2023

Or. Admin. R. 330-280-0120 Compliance

(1) The Department reserves the right to conduct a physical inspection of all installations and upgrades and to audit all documentation relating to an installation or upgrade for which a reservation is made under the program before or after a rebate or grant payment is made to the contractor.

(2) The Department shall provide at least 15 days advance notice before performing a physical inspection of an installation or upgrade. If the owner, or their representative, requests an inspection before the 15-day notice period has expired, the Department may inspect the site earlier. The owner of the dwelling, a representative of the owner, or the contractor must be present and must provide safe access to inspect the installation and any upgrade. Department inspectors will not inspect areas that they deem to present an unreasonable risk to personal safety.

(3) The Department shall provide a written determination of whether the project was completed as described in the application and meets the project eligibility criteria within 30 days to the contractor based upon the inspection.

(4) If the Department determines that the installation or upgrade does not meet project eligibility criteria under the program or the completed project does not match the project description entered by the contractor when making a request for a rebate or grant, the contractor will have 30 days from the date they received written notice from the Department to correct and provide proof of correction for any discrepancies found by the Department or to provide written explanation or justification.

(5) The Department shall provide a final determination in writing within 15 days regarding the contractor’s written response to the Department’s initial determination after an inspection.

(6) The Department may deny a rebate or grant if a contractor does not resolve issues found in an inspection or in an audit within the time limit established under program rules.

(7) Pursuant to the procedures for a contested case under ORS chapter 183, the Director may order the revocation of a rebate or portion of a rebate or grant under the program if the Director finds that the rebate or grant was obtained by fraud or misrepresentation, or by mistake or miscalculation. As soon as the order of revocation becomes final, the Department shall proceed to recover the rebate, grant, or portion of the rebate or grant that is subject to the order of revocation. All moneys provided to a contractor attributable to the fraudulently or mistakenly obtained rebate, grant, or portion of the rebate or grant shall be forfeited.

History

Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
DOE 2-2023, adopt filed 04/17/2023, effective 04/18/2023

Or. Admin. R. 330-280-0130 Revocation of Contractor Eligibility or Rebates

The Director may deny or revoke a contractor’s eligibility to claim a rebate on behalf of a customer, pursuant to the procedures for a contested case under ORS chapter 183, if the Director finds any of the following:

(1) The contractor’s eligibility under OAR 330-280-0020 was obtained by fraud or misrepresentation by the contractor.

(2) The contractor’s performance for installation of heat pumps does not meet industry standards.

(3) The contractor has misrepresented to customers either the program or the nature or quality of the heat pumps for which rebates are available.

(4) The contractor attempts to obtain a rebate or grant through fraud or misrepresentation.

History

Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
DOE 2-2023, adopt filed 04/17/2023, effective 04/18/2023

Or. Admin. R. 330-280-0140 Funding Transferred from the Community Heat Pump Deployment Program

(1) Funds transferred from the Community Heat Pump Deployment Program to the Oregon Rental Home Heat Pump Program under Senate Bill 1525 shall be used in the provision of grants and rebates under the Oregon Administrative Rules Chapter 330 Division 280 and associated administrative costs and expenses. A rebate for the purchase and installation of a heat pump and grant for upgrades to facilitate the installation of the heat pump, financed by these transferred funds, shall be provided to an eligible dwelling that is occupied by a member of a federally recognized Tribe in Oregon for which no eligible entity has been awarded a grant under ORS 469B.460.

(2) Each Tribe must have the same amount of funding allocated for that Tribe under the Oregon Rental Home Heat Pump Program as was allocated for that Tribe under the Community Heat Pump Deployment Program.

(3) In order to qualify for a rebate funded by moneys allocated for eligible dwellings occupied by a member of a specific federally recognized Tribe in Oregon, the owner of the dwelling where the installation will be located must provide proof of the tenant’s Tribal membership to the Department. Proof of Tribal membership shall be provided in at least one of the following ways:

(a) A tribal enrollment card;

(b) A letter from a Tribal enrollment officer;

(d) Verified documentation of eligibility for the Indian Health Service as an American Indian or Alaska Native.

History

Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) & ORS 469.040
Statutes/Other Implemented: Senate Bill 1525 (2024) & Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
DOE 1-2025, adopt filed 01/22/2025, effective 01/27/2025
DOE 5-2024, temporary adopt filed 08/23/2024, effective 08/26/2024 through 02/14/2025

Division 290 ENERGY EFFICIENCY TRAINING GRANT PROGRAM

Or. Admin. R. 330-290-0000 Purpose and application of rules in Division 290

(1) The purpose of these rules is to implement a grant program to provide education and training to contractors, subcontractors, technicians, community-based organizations and other installers of energy efficient appliances for heating and cooling and to other workers in industries related to construction and energy appliance installation to fulfill the requirements of Oregon Laws 2023, Chapter 442, section 4.

(2) These Division 290 rules apply to all applicants for grants under the program established to fulfill the requirements of Oregon Laws 2023, Chapter 442, section 4. The rules provide procedures for submitting applications, department review and selection of grant awardees, the development of performance agreements, and reporting and compliance requirements.

History

Statutory/Other Authority: Oregon Laws 2023 Chapter 442 & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2023 Chapter 442
DOE 7-2024, adopt filed 10/29/2024, effective 10/29/2024

Or. Admin. R. 330-290-0010 Definitions

(1) “Department” means the Oregon Department of Energy.

(2) "Director" means the director of the Oregon Department of Energy.

(3) “Environmental justice communities” means communities meeting the definition of environmental justice communities under Oregon Revised Statutes 2023 Edition, 469A.400(5). The definition includes communities of color, communities experiencing lower incomes, tribal communities, rural communities, coastal communities, communities with limited infrastructure and other communities traditionally underrepresented in public processes and adversely harmed by environmental and health hazards, including seniors, youth and persons with disabilities.

(4) “Disadvantaged communities” as outlined in presidential Executive Order (EO) 14008, signed January 27, 2021, means a census tract identified by version 1.0 of the Climate and Economic Justice Screening Tool (CEJST) as being economically disadvantaged and overburdened by pollution and underinvestment in housing, transportation, water and wastewater infrastructure, and health care. A community qualifies as “disadvantaged” if the census tract is above the threshold for one or more environmental or climate indicators and the tract is above the threshold for the socioeconomic indicators.

(5) “Climate and Economic Justice Screening Tool (CEJST)” means version 1.0 of the screening tool available online at https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5 and developed by the Council on Environmental Quality as directed by presidential Executive Order 14008, consisting of an interactive map identifying disadvantaged communities.

History

Statutory/Other Authority: Oregon Laws 2023 Chapter 442 & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2023 Chapter 442
DOE 7-2024, adopt filed 10/29/2024, effective 10/29/2024

Or. Admin. R. 330-290-0020 Contracting under the program

(1) The Department may contract with eligible entities, as specified in OAR 330-290-0030(1), to provide needed information, assistance, training and support to contractors and/or training providers.

(2) Eligible entities entering into a contract with the Department under these rules shall use financial assistance under the contract for the development and delivery of training related to energy efficient technologies and incentives as outlined in the funding opportunity announcement.

History

Statutory/Other Authority: Oregon Laws 2023 Chapter 442 & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2023 Chapter 442
DOE 7-2024, adopt filed 10/29/2024, effective 10/29/2024

Or. Admin. R. 330-290-0030 Eligible grant recipients

(1) Funding from this grant program is available to locally and culturally connected organizations for training programs in one or more training paths identified in the funding announcement including but not limited to:

(a) Community-based organizations;

(b) Labor organizations;

(d) Training centers; and

(e) Community colleges.

(2) Eligible entities may form partnerships with other eligible entities, but the entity awarded a grant shall take a lead role in administering the grant funds, including record-keeping and reporting, and providing financial assistance.

(3) A partner entity may assist the entity awarded a grant by providing, or assisting in the provision of:

(a) financial assistance to program participants;

(b) development of training materials; and/or

History

Statutory/Other Authority: Oregon Laws 2023 Chapter 442 & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2023 Chapter 442
DOE 7-2024, adopt filed 10/29/2024, effective 10/29/2024

Or. Admin. R. 330-290-0040 Funding opportunity announcements and application requirements

(1) The department shall announce the availability of grants for education and training for installation of energy efficient technologies by issuing one or more funding opportunity announcements.

(2) An applicant may apply for a grant by submitting a complete grant application. The application must meet requirements provided by relevant statutes, these rules, and the funding opportunity announcement.

(3) The application must be submitted using a form specified by the Department and include at a minimum the following information:

(a) Identification of applicant and partners;

(b) Name, address, email address and telephone number for the applicant;

(d) Statement on how the program aligns with the Department’s goal to prioritize disadvantaged or environmental justice communities;

(e) Description of:

(A) The entity’s capacity to administer any grant funds received;

(B) The objective from the funding opportunity announcement that this program intends to address;

(D) The estimated budget for administrative and marketing expenses;

(E) Other information about the applicant as requested in the application form.

(f) An explanation of how the program will meet one of the stated program objectives from the funding opportunity announcement;

(g) Description of how the program will connect workers to prospective employers or pre-apprentice/apprenticeship programs, where appropriate;

(h) Description of wraparound services that will be available to participants;

(i) Explanation of how the program will contribute to a sustainable energy efficiency workforce in Oregon; and

(j) Other information requested by the Department in the funding opportunity announcement.

(4) The Department will only consider complete applications in its selection and funding allocation process.

History

Statutory/Other Authority: Oregon Laws 2023 Chapter 442 & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2023 Chapter 442
DOE 7-2024, adopt filed 10/29/2024, effective 10/29/2024

Or. Admin. R. 330-290-0050 Application evaluation and funding allocation process

(1) The Department will evaluate all complete applications for funding to ensure the requirements in statute, rule, and in the funding opportunity announcement are met. In awarding grants, the Department shall evaluate applications according to the criteria in these rules and the funding opportunity announcement. The Department shall give preference to eligible entities with:

(a) Experience in administering state grant programs or programs with similar reporting requirements;

(b) Experience with community program development within disadvantaged or environmental justice communities; and

(2) The department shall allocate grant funds to grantees based upon the following criteria:

(a) 40 percent of the available grant funding shall be allocated to programs training participants from or providing services to disadvantaged communities as identified on the federal CEJST Map.

(b) 60 percent of available grant funds may be allocated to programs meeting the requirements of the funding opportunity announcement that do not specifically benefit disadvantaged communities; however, programs that demonstrate economic development benefits to participants from disadvantaged or environmental justice communities will receive priority.

(c) The Department shall provide resources on its website to assist applicants in demonstrating that the program(s) in the application will serve one or more disadvantaged or environmental justice community.

History

Statutory/Other Authority: Oregon Laws 2023 Chapter 442 & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2023 Chapter 442
DOE 7-2024, adopt filed 10/29/2024, effective 10/29/2024

Or. Admin. R. 330-290-0060 Use of grant funds

(1) An eligible entity may use a percentage, as specified in a performance agreement, not to exceed 15 percent, of the awarded grant funds for program-related administrative expenses and marketing costs.

(2) The Department may consider awarding additional administrative costs, in addition to the 15 percent, if an applicant can demonstrate that additional administrative costs are essential to implementing a successful program. The applicant must clearly state how the funds will be used and why additional funding is required. Circumstances where additional funding may be considered by the Department will be stated in the funding opportunity announcement.

(3) Eligible administrative and marketing costs include the following costs if they are necessary to administer and market the program:

(a) Direct costs to implement and monitor the program including staffing, materials, supplies, and travel; and

(b) Other costs the Department determines should be eligible because they are necessary to administer or market the program.

(4) The Department may list and provide guidance regarding ineligible administrative and marketing costs in the funding opportunity announcement.

(5) Grantee and partner organizations may use funds to provide financial assistance to program participants, in an effort to ensure program completion, in the following forms:

(a) Training and training materials such as textbooks and manuals;

(b) Certification exam fees;

(d) Wage stipends;

(e) Technical assistance;

(f) Software licenses;

(g) Wraparound services deemed by the Department to be necessary for the successful completion of the program by participants; and

(h) Employer engagement and hiring incentives.

(6) Eligible costs include costs associated with training material development, including the addition of culturally-specific materials.

(7) Staffing associated with providing training to program participants by grantee or partner entity are not considered administrative costs and are therefore not included in the 15 percent cap for administrative costs.

(8) The creation of informational material not directly related to the delivery of training under the program is allowable as long as it falls within the following categories and is made available to the Department for public outreach and education:

(a) Information on the availability of moneys, programs, rebates and other incentives for acquiring and installing energy efficient appliances for heating and cooling;

(b) Materials describing methods, techniques, available incentives and funding available for upgrading electrical panels and wiring to accommodate energy efficient appliances for heating and cooling; and

History

Statutory/Other Authority: Oregon Laws 2023 Chapter 442 & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2023 Chapter 442
DOE 7-2024, adopt filed 10/29/2024, effective 10/29/2024

Or. Admin. R. 330-290-0070 Performance agreements

(1) The Department will offer a performance agreement to each grant awardee under the program outlining the terms under which the Department will award funds.

(2) Eligible entities selected to be awarded a grant shall have 30 calendar days from the date on which the performance agreement is provided to the applicant to accept the performance agreement. An applicant’s failure to accept the performance agreement by the deadline may cause the rejection of the grant application;

(3) If an eligible entity fails to enter into a performance agreement within 30 calendar days of the date on which the department provided the performance agreement to the entity, the department may select an alternative applicant.

(4) The performance agreement must include the following terms and may also include additional terms:

(a) Maximum amount of the grant and the entity to which funds will be disbursed.

(b) Maximum duration of the performance agreement;

(c) Record keeping, reporting, and compliance monitoring requirements as detailed in the performance agreement or applicable federal law;

(d) A provision allowing the performance agreement to be terminated for reasons stated in the agreement and subject to terms described in the agreement;

(e) The grant payment schedule; and

(f) Provisions regarding repayment of unspent funds at checkpoints specified in the agreement and at the end of the of the agreement.

(5) Unspent funds that are repaid may be reallocated by the Department to one or more grantees or deposited in the Energy Efficient Technologies Information and Training Fund for future distribution.

History

Statutory/Other Authority: Oregon Laws 2023 Chapter 442 & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2023 Chapter 442
DOE 7-2024, adopt filed 10/29/2024, effective 10/29/2024

Or. Admin. R. 330-290-0080 Record keeping and reporting

(1) Grantees and their partners must maintain accurate financial records satisfactory to the Department, which document the receipt and disbursement of funds. Grantees must have an accounting system in place satisfactory to the Department.

(2) Grantees and their partners must maintain other program records satisfactory to the Department as specified in each grantee's performance agreement.

(3) Grantees shall collect project data and report on project outcomes as stated in the funding opportunity announcement and as specified in each grantee’s performance agreement.

History

Statutory/Other Authority: Oregon Laws 2023 Chapter 442 & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2023 Chapter 442
DOE 7-2024, adopt filed 10/29/2024, effective 10/29/2024

Or. Admin. R. 330-290-0090 Compliance and monitoring

(1) To ensure proper compliance and monitoring of the program, grantees and their partners must:

(a) Provide the Department access to and permit copying of all electronic and hardcopy accounts, documents, audits, and records;

(b) Cooperate fully in any inspections or other monitoring actions taken by the Department;

(d) Keep records of program participants as specified in the performance agreement.

(2) The Department may conduct reviews, audits, inspections and other compliance monitoring as it deems appropriate with respect to each grantee and its partners to verify compliance with the program requirements. Grantees and their partners must cooperate fully with the Department in its compliance monitoring activities.

(3) Grantees must require by contract and monitor their partners’ compliance with all program requirements including, but not limited to, recordkeeping and retention of records.

(4) Each grantee must provide a report to the Department prior to June 30 of each year with data through a date specified in the performance agreement. The report shall not include the personal information of the recipients of financial assistance, but must include:

(a) A detailed description of the grantee’s, and their partner’s, use of grant funds;

(b) The nature and amounts of the administrative expenses and marketing costs the grantee has incurred in providing payments under the program; and

(5) In addition to the reporting requirements in section (4), each grantee must provide reports during the year at a frequency determined by the Department and specified in the performance agreement. The required information may be different from items outlined in section (4).

History

Statutory/Other Authority: Oregon Laws 2023 Chapter 442 & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2023 Chapter 442
DOE 7-2024, adopt filed 10/29/2024, effective 10/29/2024

Or. Admin. R. 330-290-0100 Remedies for unsatisfactory performance

(2) To remedy any identified deficiencies, the Department:

(b) Must require the grantee to correct any deficiencies in a manner and time satisfactory to the Department.

(3) The Department may require a grantee to repay to the Department grant funds that the grantee, or their partners, does not use in accordance with the provisions of the performance agreement.

(4) The Director of the Oregon Department of Energy may order the grantee to repay all or a portion of the grant funds if the Director finds that there are grounds for misappropriation, fraud or similar reasons after auditing or investigating the grantee’s, or their partner’s, operations and conducting a contested case hearing under ORS 183.413 to 183.470.

History

Statutory/Other Authority: Oregon Laws 2023 Chapter 442 & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2023 Chapter 442
DOE 7-2024, adopt filed 10/29/2024, effective 10/29/2024

Or. Admin. R. 330-290-0110 Amendments to performance agreements

(1) If a grantee wishes to amend a performance agreement entered into with the Department under OAR 330-290-0070 the grantee must submit a written request to the Director.

(2) The grantee must describe the proposed change to the performance agreement and the reasons for the change.

(3) The grantee must demonstrate that the program operated by the grantee will continue to meet the requirements of statute, rule, and the funding opportunity announcement.

(5) The Director shall decide whether to approve the amendment request.

(b) If denied, the Department shall notify the grantee in writing. The notice will include the reasons for the denial of the amendment request.

History

Statutory/Other Authority: Oregon Laws 2023 Chapter 442 & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2023 Chapter 442
DOE 7-2024, adopt filed 10/29/2024, effective 10/29/2024

Division 300 BUILDING ENERGY PERFORMANCE STANDARDS

Or. Admin. R. 330-300-0000 Purpose and applicability

(1) The purpose of the rules in Division 330-300 is to implement the Building Energy Performance Standard adopted under House Bill 3409 (2023), Sections 8 through 17, and codified as Oregon Revised Statutes 469.275-469.291.

(2) The rules in Division 330-300 apply to the owners of covered commercial buildings as defined in Oregon Revised Statutes 469.275.

History

Statutory/Other Authority: ORS 469.275-.291 & ORS 469.040
Statutes/Other Implemented: ORS 469.275-.291
DOE 8-2024, adopt filed 12/23/2024, effective 01/01/2025

Or. Admin. R. 330-300-0010 Oregon Energy Efficiency Standards for Existing Buildings

Effective January 1, 2025, the 2024 version of the Energy and Emissions Building Performance Standard for Existing Buildings published by the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, also referred to as ASHRAE Standard 100 or ANSI/ASHRAE/IES Standard 100 2024, with additional Oregon amendments as published by the Oregon Department of Energy and available on the Department’s website, applies in the State of Oregon.

History

Statutory/Other Authority: ORS 469.275-.291 & ORS 469.040
Statutes/Other Implemented: ORS 469.275-.291
DOE 8-2024, adopt filed 12/23/2024, effective 01/01/2025

Or. Admin. R. 330-300-0100 Purpose: Building Performance Standards Incentive Program

The purpose of the rules in 330-300-0100 through 330-300-0170 is to implement the early compliance incentive program for the Building Performance Standard adopted under House Bill 3409 (2023), section 14 (2), codified as ORS section 469.285, and House Bill 3409 (2023) section 17, codified as ORS section 469.291. The rules provide procedures for: covered commercial building eligibility, incentive amounts, application process, Department review of an application, incentive payment process and incentive program compliance.

History

Statutory/Other Authority: ORS 469.040 & ORS 469.275-469.291
Statutes/Other Implemented: ORS 469.275-469.291
DOE 5-2025, adopt filed 08/04/2025, effective 08/05/2025

Or. Admin. R. 330-300-0110 Incentive Program Definitions Applicable to 330-300-0100 through 330-300-0170

(1) “Covered commercial building” means a Tier 1 building or Tier 2 building as defined in ORS section 469.275.

(2) “Department” means the Oregon Department of Energy.

(3) “Director” means the director of the Oregon Department of Energy.

(4) “EUI” means Energy Use Intensity as defined in ORS section 469.275.

(5) “EUIt” means Energy Use Intensity target as defined in ORS section 469.275.

(6) “GFA” means Gross Floor Area as defined in ORS section 469.275.

(7) “Multifamily affordable housing” means a residential building for which the building owner provides proof of qualification under one or more of the following programs administered by Oregon Housing and Community Services:

(a) A housing capital funding offering issued through a Notice of Funding Availability

(b) Low Income Housing Tax Credits

(d) Conduit/Pass-Through Revenue Bond Financing Program

(e) Local Innovation and Fast Track Housing Program

(f) Loan Guarantee Program and General Guarantee Program

(g) Oregon Rural Rehabilitation Loan Program

(8) “Multifamily Residential Building” means a covered multifamily building on contiguous property, containing sleeping units or more than five (5) dwelling units where occupancy is primarily permanent in nature.

(9) “Qualified utility territory” means any of the following:

(a) a consumer-owned or investor-owned gas utility

(b) a consumer-owned or investor-owned electric utility with greater than 50,000 customers and that makes sales of electricity to retail electricity consumers in an amount that equals three percent or more of all electricity sold to retail electricity consumers in Oregon.

(10) “Rural area” means any geographic areas in Oregon ten or more miles from the centroid of a population center of 40,000 people or more, as defined by the Oregon Office of Rural Health.

History

Statutory/Other Authority: ORS 469.040 & ORS 469.275-469.291
Statutes/Other Implemented: ORS 469.275-469.291
DOE 5-2025, adopt filed 08/04/2025, effective 08/05/2025

Or. Admin. R. 330-300-0120 Covered Commercial Building Eligibility

(1) Incentives will be awarded on a competitive basis. To be eligible for an incentive, a covered commercial building must meet the following requirements:

(a) Be a Tier 1 or Tier 2 covered commercial building in Oregon.

(b) If the covered commercial building is a Tier 1 building, the building must have a calculated EUI that is at least 15 units greater than its EUIt.

(c) The covered building must meet the requirements established under OAR 330-300-0010, which refers to the ASHRAE 100 2024 national standards for energy efficiency in existing buildings with additional Oregon amendments as published by the Oregon Department of Energy for application in the state of Oregon.

(2) Exempt buildings are not eligible for an incentive.

(3) Applications will be reviewed for completeness and eligibility.

(4) Applications will be selected based on a competitive review process as described in section 330-300-0150.

History

Statutory/Other Authority: ORS 469.040 & ORS 469.275-469.291
Statutes/Other Implemented: ORS 469.275-469.291
DOE 5-2025, adopt filed 08/04/2025, effective 08/05/2025

Or. Admin. R. 330-300-0130 Incentive Amounts

(1) An eligible building owner may apply for an incentive of up to $0.85 per square foot of eligible floor area per building for the following compliance actions:

(a) An eligible building owner may apply for an incentive of $0.35 per square foot of eligible floor area per building for completing Energy Benchmarking and Reporting;

(b) An eligible building owner may apply for an incentive of $0.05 per square foot of eligible floor area per building for completing an Energy Management Plan (EMP) and Operations & Maintenance Program (O&M);

(c) An eligible building owner may apply for an incentive of $0.35 per square foot of eligible floor area per building for completing an Energy Audit;

(d) An eligible building owner may apply for an incentive of $0.10 per square foot of eligible floor area per building for achieving compliance.

(2) The total amount per incentive award may not exceed the following:

(a) $50,000 for Tier 1 buildings equal to or greater than 200,000 square feet;

(b) $35,000 for Tier 1 buildings equal to or greater than 35,000 square feet but less than 200,000 square feet;

(3) A building owner may receive up to two incentive awards. The Department may, at its discretion, increase the maximum number of awards per building owner based on available funding.

History

Statutory/Other Authority: ORS 469.040 & ORS 469.275-469.291
Statutes/Other Implemented: ORS 469.275-469.291
DOE 5-2025, adopt filed 08/04/2025, effective 08/05/2025

Or. Admin. R. 330-300-0140 Incentive Application Process

(1) A building owner must submit an incentive application using the Department’s designated application procedure.

(2) Prior to the date that the Department will begin accepting applications, the Department will post an announcement on the Building Performance Standard webpage and send an email announcement to applicable Department distribution lists. The announcement will provide the opening date for the application process, application forms, and evaluation criteria.

(3) The following information about the eligible building must be provided to the Department on the incentive application:

(a) Unique Building ID number (UBID)

(b) Building owner name

(d) Covered building address

(e) GFA of the building in square feet, excluding any parking garage area

(f) If the building is a Tier 1 building, the building’s EUI and EUIt, including 12 months of energy usage from utility

(g) Electric and gas utility territory

(h) Evidence of multifamily affordable housing, if applicable

(i) The compliance action(s) for which the building owner is applying

(j) Incentive calculation and final incentive requested

(k) Other information as requested by the Department.

(4) The Department will provide written notice to the building owner once an incentive application has been received.

(5) A building owner may submit a maximum of two applications. The Department at its discretion may increase the maximum number of applications allowed per building owner based upon available funding.

History

Statutory/Other Authority: ORS 469.040 & ORS 469.275-469.291
Statutes/Other Implemented: ORS 469.275-469.291
DOE 5-2025, adopt filed 08/04/2025, effective 08/05/2025

Or. Admin. R. 330-300-0150 Incentive Program Application Review

(1) The Department shall conduct a competitive review of all submitted applications.

(2) During the competitive review, to maximize the program’s benefits to building owners across the state, applications will be selected based on a scoring system and priority will be given to buildings with the highest energy use intensity (EUI), multi-tenant buildings that are served by a utility that is not a qualified utility, smaller buildings, buildings located in a rural area, multifamily buildings, multifamily affordable housing, and other criteria determined by the Department. The applications with the highest scores will be selected first, until funding has been exhausted.

(3) The evaluation criteria will be announced prior to the date in which the Department begins accepting applications.

(4) The Department will provide written notice to the building owner once an incentive application has been approved or denied.

(5) The building owner has 30 days to accept the terms of a performance agreement. If the building owner does not accept the terms within 30 days, the incentive award will no longer be valid, and the Department may offer an incentive to the applicant with the next highest score, subject to available funding.

(6) The building owner may appeal the Department's decision to disqualify the building owner or the Department’s determination of the amount of an incentive payment by submitting to the Department a written statement that the building owner wishes to appeal the decision and explaining why the building owner believes the Department’s decision is not consistent with HB 3409 (2023) (codified at ORS 469.275 through ORS 469.291) or the Building Performance Standard Incentive Program rules. Such statement must be received by the Department within 30 days of the Department’s providing the written notice under section (4), above. The Department shall then provide the building owner with the opportunity to request a contested case, as described in ORS 183.415. If the building owner decides to move forward with a contested case, the Department shall provide the building owner with a contested case notice as described in ORS 183.413.

History

Statutory/Other Authority: ORS 469.040 & ORS 469.275-469.291
Statutes/Other Implemented: ORS 469.275-469.291
DOE 5-2025, adopt filed 08/04/2025, effective 08/05/2025

Or. Admin. R. 330-300-0160 Incentive Payment Process

(1) Upon selection, each awardee will be required to enter into a performance agreement with the Department which includes, but is not limited to the following components:

(a) Identifying information for building owner and building, including:

(A) Unique Building ID Number (UBID).

(B) Building owner name.

(D) Covered building address.

(b) Total incentive amount awarded.

(c) For building owners awarded incentives for multiple compliance actions, a list of incentive amounts awarded, broken down by compliance action.

(d) Performance expectations, including deadlines for completion of compliance actions.

(e) Reporting and documentation requirements to demonstrate compliance action completion, including:

(A) If the compliance action is Energy Benchmarking and Reporting, the building owner must submit:

(i) Form A: Application for Oregon BPS compliance or Form G: Grouped Buildings Application for Oregon BPS Compliance

(ii) Form B: Building Activity and Energy Use Intensity Target, and

(iii) Form C: Calculation of Energy Use Intensity.

(B) If the compliance action is an Energy Management Plan (EMP) and Operations & Maintenance Program (O&M), the building owner must submit EMP and O&M checklists using the format provided on the Department’s Building Performance Standard webpage and make EMP and O&M documentation available for the Department to review upon request.

(C) If the compliance action is an Energy Audit, the building owner must submit Form E: Energy Audit using the required format as provided on the Department’s Building Performance Standard webpage.

(D) If the compliance action is achieving compliance, the building owner must submit either:

(i) An updated Form C: Calculation of Energy Use Intensity demonstrating that EUI is equal to or less than EUIt, or

(ii) If the Investment Criteria was followed, an updated Form E: Energy Audit or Form L: Life Cycle Cost Assessment attesting that all cost-effective energy efficiency measures have been installed.

(f) Other requirements and expectations to qualify for disbursement, including copies of utility bills to verify energy consumption data for the covered building, as determined by the Department.

(g) Conditions and process in cases of non-conformance by awardee to terms of performance agreement.

(2) To receive an incentive payment, a building owner that has been selected for an incentive must provide evidence that the applicable compliance action has been completed at least one year before the building’s compliance date under the Building Performance Standard program. The following are the dates by which compliance actions must be complete in order to receive an incentive payment:

(a) Tier 1 buildings:

(A) Before June 1, 2027, for buildings equal to or greater than 200,000 square feet.

(B) Before June 1, 2028, for buildings equal to or greater than 90,000 square feet but less than 200,000 square feet.

(b) Before July 1, 2027, for all Tier 2 buildings.

(3) A building owner may request incentive payments for each completed compliance action separately.

(4) Building owners must notify the Department as soon as practicable of situations which would delay or prevent the completion of a compliance action under a performance agreement.

(5) The Department may renegotiate a project deadline in a performance agreement at its discretion in cases where awardees have notified the Department of a delay and have submitted a plan for remedying the causes of the delay. The Department may grant a 90-day extension beyond the applicable early compliance date upon request from the building owner.

(6) The following may be causes to terminate a performance agreement:

(a) Failure to notify the Department of project delays in a timely manner.

(b) Failure to submit a plan to remedy the causes of project delays.

History

Statutory/Other Authority: ORS 469.040 & ORS 469.275-469.291
Statutes/Other Implemented: ORS 469.275-469.291
DOE 5-2025, adopt filed 08/04/2025, effective 08/05/2025

Or. Admin. R. 330-300-0170 Incentive Program Compliance

Pursuant to the procedures for a contested case under ORS chapter 183, the Director may order the revocation of an incentive or portion of an incentive under the program if the Director finds that the incentive was obtained by fraud or misrepresentation, or by mistake or miscalculation. As soon as the order of revocation becomes final, the Department shall proceed to recover the incentive, or portion of the incentive that is subject to the order of revocation. All moneys provided to a building owner attributable to the fraudulently or mistakenly obtained incentive, or portion of the incentive shall be forfeited.

History

Statutory/Other Authority: ORS 469.040 & ORS 469.275-469.291
Statutes/Other Implemented: ORS 469.275-469.291
DOE 5-2025, adopt filed 08/04/2025, effective 08/05/2025