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; (C) Financial support including loan applicant 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; (c) Failure to meet any sustainable energy project manager criteria established by the director; or (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; (c) Work completed by the sustainable energy project manager, including training and technical assistance provided; (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. 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) History: DOE 15-2010, f. & cert. ef. 12-15-10 DOE 8-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10