justicedao/ipfs_state_laws huggingface dataset:
813-206-0070 Transfers; Charges (1) An owner may not assign, sell, convey, or otherwise transfer (“Transfer”) any interest in the owner or project without the prior written permission of the department. The department may condition any such consent at its sole discretion. (2) The department may charge applicants and others, including project owners, for the reasonably anticipated or incurred costs of its administration of the Multifamily Energy Program. Such charges may include, but are not limited to, the following: (a) A non-refundable application and/or award charge. (b) A supplemental application and/or award charge related to requests and/or awards for additional department resources for a project. (c) Charges to cover department, legal, and other costs associated with the preparation, negotiation, and execution of program and related documents. (d) Transfer application and review charges. (e) Program monitoring, enforcement, and/or litigation charges. (f) Administrative review charges. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505, ORS 458.510 & ORS 757.612 History: OHCS 17-2018, renumbered from 813-205-0150, filed 10/25/2018, effective 10/25/2018 OHCS 9-2018, amend filed 06/05/2018, effective 06/05/2018 OHCS 2-2018, temporary amend filed 02/07/2018, effective 02/07/2018 through 08/05/2018 OHCS 20-2013, f. & cert. ef. 12-18-13 OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13
813-207-0000 Purpose and Objective The rules of OAR chapter 813, division 207 outline the requirements for Oregon Housing and Community Services (OHCS) to administer and implement the State Home Oil Weatherization (SHOW) Program, as governed by ORS 456.594 to 456.599. Program funding originates through the annual Petroleum Supplier Assessment (PSA), as established in ORS 456.595 and described in ORS 469.421. The purpose of the SHOW Program is to offer cash payments to applicants for completing energy conservation measures on Oregon dwellings with primary space heating fuel obtained from fuel oil dealers. Statutory/Other Authority: ORS 456.594-456.599 Statutes/Other Implemented: ORS 456.594-456.599 & 469.421 History: OHCS 40-2019, amend filed 12/30/2019, effective 12/30/2019 OHCS 15-2018, adopt filed 09/10/2018, effective 09/10/2018
813-207-0015 Manuals The State Home Oil Weatherization Program Manual (SHOW Program Manual) with the requirements and standards therein, dated December 1, 2024, is incorporated into and adopted as part of this division of administrative rules, by reference. The SHOW Program Manual may be accessed online at the OHCS website. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 456.594-456.599 Statutes/Other Implemented: ORS 456.594-456.599 & ORS 469.421 History: OHCS 51-2024, amend filed 11/27/2024, effective 12/01/2024 OHCS 35-2024, amend filed 09/25/2024, effective 09/25/2024 OHCS 5-2024, temporary amend filed 04/22/2024, effective 04/22/2024 through 10/18/2024 OHCS 8-2020, adopt filed 05/07/2020, effective 05/07/2020
813-207-0020 Program Funding (1) The SHOW Program is funded through the Petroleum Supplier Assessment (PSA), which OHCS may conduct annually. When OHCS conducts the PSA, OHCS must assess the petroleum suppliers’ gross operating revenue derived from wholesale distribution of distillate fuel oil in Oregon, which does not include gallons of fuel subject to tax outlined in Article IX, section 3a, of the Oregon Constitution, ORS 319.020, or ORS 319.530. (2) OHCS shall convene a public meeting to engage essential program stakeholders and other interested parties on an annual basis to discuss proposed program funding requirements and projected allocations, even if OHCS elects not to conduct an assessment . Essential program stakeholders may include, but are not limited to, petroleum suppliers, fuel oil dealers, and related representative organizations. (3) OHCS must conduct the PSA following the specific instructions outlined in the Manual. (4) OHCS must deposit funds generated from the PSA into the Oil-Heated Dwellings Energy Account. Statutory/Other Authority: ORS 456.594-456.599 Statutes/Other Implemented: Oregon Constitution (Article IX, section 3a), ORS 319.020, 319.530 & ORS 456.594-456.599 History: OHCS 51-2024, amend filed 11/27/2024, effective 12/01/2024 OHCS 40-2019, amend filed 12/30/2019, effective 12/30/2019 OHCS 15-2018, adopt filed 09/10/2018, effective 09/10/2018
813-207-0030 Grant Agreements OHCS may enter into grant agreements with grantees to award SHOW Program cash payments in exchange for providing no-cost energy conservation items and measures through weatherization assistance to low-income households occupying eligible dwellings. Amounts awarded to each grantee may be based on historical use and projected need within each of the grantee’s service area(s). Statutory/Other Authority: ORS 456.594-456.599 Statutes/Other Implemented: ORS 456.594-456.599 History: OHCS 35-2024, amend filed 09/25/2024, effective 09/25/2024 OHCS 5-2024, temporary amend filed 04/22/2024, effective 04/22/2024 through 10/18/2024 OHCS 40-2019, amend filed 12/30/2019, effective 12/30/2019 OHCS 15-2018, adopt filed 09/10/2018, effective 09/10/2018
813-207-0040 Eligible Applicants & Dwellings The following applicants and dwellings are eligible to apply for SHOW Program cash payments, based on each eligible measure completed (see OAR 813-207-0060): (1) For dwelling owners as the applicant: (a) Dwelling owners or their contractors may complete the measures on behalf of themselves or their tenants. (b) Dwelling owners or their tenants must use the dwellings as their primary residence and obtain primary space heating fuel from an eligible fuel oil dealer at the time of application. (c) Dwelling owners must continue to obtain primary space heating fuel from an eligible fuel oil dealer once all eligible measures have been completed. (2) For contractors (including for-profit, non-profit, and grantees) as the applicant: (a) Contractors may complete the measures on behalf of dwelling owners or their tenants. (b) For-profit contractors must pass forward the amount of the cash payment as a discount to the dwelling owner at time of payment for the contracted work. (c) Contractors must confirm that the dwelling owners or their tenants use the dwelling as their primary residence and that primary space heating fuel is obtained from an eligible fuel oil dealer both at the time of application and once all eligible measures have been completed. Statutory/Other Authority: ORS 456.594-456.599 Statutes/Other Implemented: ORS 456.594-456.599 History: OHCS 51-2024, amend filed 11/27/2024, effective 12/01/2024 OHCS 40-2019, amend filed 12/30/2019, effective 12/30/2019 OHCS 15-2018, adopt filed 09/10/2018, effective 09/10/2018
813-207-0050 Application Procedure (1) All applicants must submit a complete SHOW Program Cash Payment Application to OHCS to be considered for eligibility for SHOW Program cash payments. OHCS will make applications available for public access. Documentation for proof of eligibility is indicated in the Manual. (2) Complete applications for SHOW Program cash payments must include: (a) The SHOW Program Cash Payment Application, completed in full. (b) Proof of purchase from or delivery by a fuel oil dealer for primary heating fuel for the eligible dwelling. (c) Proof of energy conservation measures installed: (A) For dwelling owners as the applicant, receipts of all eligible energy conservation measures completed must be marked paid in full on or before the date of the application. (B) For contractors as the applicant, invoices for all eligible energy conservation measures must be completed on or before the date of the application. (d) Proof of low-income status (for Tier 1 cash payments only if eligible): (A) For dwelling owners or their tenants, documentation of income for the household occupying the eligible dwelling to verify proof of low-income status. (B) For contractors, verification of income for the household occupying the eligible dwelling to verify proof of low-income status. (3) OHCS will review applications for eligibility on a first-come, first-served basis and award cash payments subject to availability of funding. Statutory/Other Authority: ORS 456.594-456.599 Statutes/Other Implemented: ORS 456.594-456.599 History: OHCS 51-2024, amend filed 11/27/2024, effective 12/01/2024 OHCS 35-2024, amend filed 09/25/2024, effective 09/25/2024 OHCS 40-2019, amend filed 12/30/2019, effective 12/30/2019 OHCS 15-2018, adopt filed 09/10/2018, effective 09/10/2018
813-207-0060 Specifications of Cash Payments (1) All eligible applicants who submit a completed SHOW Program Cash Payment Application to OHCS may qualify for cash payments of the following tiers: (a) Tier 1: Eligible applicants may qualify for cash payments of Tier 1 based on eligible measures completed at the time of application and after verification of low-income status for the household occupying the eligible dwelling. Cash payments may be awarded following these cumulative maximums per measure category and are subject to paragraph (2) of this section: (A) Up to $5,700 for eligible heating system measures. (B) A cumulative total up to $17,600 for eligible insulation measures completed per dwelling envelope areas, which include: (i) Up to $5,900 for ceiling/attic area, (ii) Up to $6,500 for floor/subfloor area, and (iii) Up to $5,200 for wall area. (C) Up to $5,900 for eligible window and door measures. (D) Up to $500 for air infiltration, and (E) Up to $1,000 for occupant health and safety and building code requirements. (b) Tier 2: Eligible applicants may qualify for cash payments of Tier 2 based on eligible measures completed at the time of application. Cash payments may be awarded following these cumulative maximums per measure category and are subject to paragraph (2) of this section: (A) Up to $3,800 for eligible heating system measures. (B) A cumulative total up to $6,600 for eligible insulation measures completed per dwelling envelope area, which include: (i) Up to $3,000 for ceiling/attic area, (ii) Up to $1,800 for floor/subfloor area, and (iii) Up to $1,800 for wall area. (C) Up to $3,000 for eligible window and door measures. (D) Up to $500 for air infiltration, and (E) Up to $1,000 for occupant health and safety and building code requirements. (2) Total cash payments over the lifetime of the SHOW Program for all measure categories awarded to a single dwelling may not exceed $30,700. (3) No unique measure may be claimed more than once on any SHOW Program Cash Payment Application over the lifetime of the SHOW Program. (3) The OHCS Executive Director may designate and reserve a percentage of SHOW Program funds specifically for the purposes of awarding Tier 1 cash payments. Statutory/Other Authority: ORS 456.594-456.599 Statutes/Other Implemented: ORS 456.594-456.599 History: OHCS 51-2024, amend filed 11/27/2024, effective 12/01/2024 OHCS 40-2019, amend filed 12/30/2019, effective 12/30/2019 OHCS 15-2018, adopt filed 09/10/2018, effective 09/10/2018
813-207-0080 Contractor and Grantee Warranty Requirements The following are requirements upon any contractor or grantee completing eligible measures for SHOW Program cash payments: (1) The installing contractor or grantee must comply with all applicable federal, state, and local laws and regulations when completing eligible measures. (2) The installing contractor or grantee must provide warranties on labor and installation of energy conservation measures for at least one year after the installation date. The installing contractor or grantee must forward on any warranties on materials, manufacturing process, and design to the dwelling owner. Statutory/Other Authority: ORS 456.594-456.599 Statutes/Other Implemented: ORS 456.594-456.599 History: OHCS 40-2019, amend filed 12/30/2019, effective 12/30/2019 OHCS 15-2018, adopt filed 09/10/2018, effective 09/10/2018
813-207-0090 Remedies and Repayment Applicants who knowingly make false statements or misrepresentations of any factor with respect to eligibility or who falsify application materials must repay all SHOW Program cash payments paid to them under the false information. The remedies provided for in this rule are in addition to any civil or criminal fines or penalties applicable under law, including any applicable provisions of federal, state, or local law. Failure to follow these rules will make the applicants ineligible for future eligibility under the SHOW Program. Statutory/Other Authority: ORS 456.594-456.599 Statutes/Other Implemented: ORS 456.594-456.599 & ORS 162.085 History: OHCS 40-2019, amend filed 12/30/2019, effective 12/30/2019 OHCS 15-2018, adopt filed 09/10/2018, effective 09/10/2018
813-210-0001 Purpose and Objectives The purpose of OAR chapter 813, division 210 is to administer the federal Community Services Block Grant (CSBG) program. Funding for CSBG comes from federal funds authorized by the U.S. Department of Health and Human Services (HSS) in 42 USC 106. Oregon Housing and Community Services (OHCS) is designated as the state agency responsible for administering state and federal antipoverty programs in Oregon. The purpose of CSBG, which is one such program, is to alleviate the causes and conditions of poverty in local communities by providing services and activities designed to increase self-sufficiency for eligible households. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 42 USC 106 & ORS 458.505 History: OHCS 39-2019, amend filed 12/23/2019, effective 12/23/2019 OHCS 14-2015, f. & cert. ef. 8-25-15 Reverted to OHCS 2-2002, f. & cert. ef. 4-15-02 Temporary Suspended by OHCS 21-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 7-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 2-2002, f. & cert. ef. 4-15-02
813-210-0009 Definitions Terms used throughout this division (OAR 813-210) may be defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions, except as defined below: (1) "CSBG" means the Community Services Block Grant program administered by OHCS pursuant to this division and other applicable law. (2) "CSBG requirements" means these administrative rules; all funding agreement terms and conditions; OHCS directives (including deficiency notices); and applicable state, local, and federal laws and requirements. (3) "CSBG services" means services as defined in OAR 813-210-0025, which are eligible activities. (4) "Household" means an individual living alone, a family with or without children or a group of individuals who are living together as one economic unit. (5) "Low-income household" means a household with an annual household income at or less than 125% of the federal poverty guidelines. (6) "Migrant and seasonal farmworker organization" means a private nonprofit organization organized under ORS Chapter 65 that serves migrant and seasonal farmworkers and their families. (7) "Self-sufficiency" means meeting basic needs and achieving stability in areas including, but not limited to, housing, household income, nutrition and health care, and accessing needed services. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 42 USC 106 & ORS 458.505 History: OHCS 8-2020, amend filed 05/07/2020, effective 05/07/2020 OHCS 39-2019, amend filed 12/23/2019, effective 12/23/2019 OHCS 14-2015, f. & cert. ef. 8-25-15 OHCS 21-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 7-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 2-2002, f. & cert. ef. 4-15-02, Renumbered from 813-210-0000 OHCS 2-2001(Temp), f. & cert. ef. 10-3-01 thru 4-1-02 HSG 7-1993, f. & cert. ef. 10-1-93 HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-060-0000 HR 3-1983, f. & cert. ef. 11-25-83 HR 5-1982, f. & cert. ef. 2-5-82
813-210-0014 Administration (1) OHCS may contract with subgrantees to provide eligible CSBG services (see OAR 813-210-0025) in service areas in such manner to provide holistic coverage statewide without duplication or overlap of services. In a service area where a Community Action Agency (CAA) exists, the CAA has the conditional right of first refusal to serve as the subgrantee for the given service area. (2) OHCS will allocate CSBG funds to all subgrantees through a formula established by OHCS prior to the allocation process. OHCS reserves the right to modify such formula at any time in its sole discretion. (3) A subgrantee may establish subrecipients that meet the requirements of ORS 458.505(4) to provide eligible CSBG services in the subgrantee’s service area. (4) Subgrantees shall, at a minimum, provide CSBG services to eligible applicants or households and meet CSBG requirements. Whenever appropriate, subgrantees may assist eligible households in accessing other services designed to stabilize housing. (5) Subgrantee representatives must attend and participate in CSBG-related training made available or conducted by OHCS. (6) A designated portion of CSBG funds are reserved for subgrantees and their subrecipients to use for administrative costs. Subgrantees and their subrecipients may expend up to a determined amount as authorized by OHCS and outlined in the funding agreement. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 42 USC 106 & ORS 458.505 History: OHCS 39-2019, amend filed 12/23/2019, effective 12/23/2019 OHCS 14-2015, f. & cert. ef. 8-25-15
813-210-0021 Applicant Eligibility CSBG services may be available to low-income households who are in need of assistance to meet basic needs and achieve self-sufficiency. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 42 USC 106 & ORS 458.505 History: OHCS 39-2019, amend filed 12/23/2019, effective 12/23/2019 OHCS 16-2019, minor correction filed 07/03/2019, effective 07/03/2019 OHCS 14-2015, f. & cert. ef. 8-25-15
813-210-0025 Use of Funds (1) Use of CSBG funding must be for implementing different strategic approaches designed to reduce or eliminate one or more conditions that block the achievement of self-sufficiency for eligible households. Such strategies must have measurable and potentially major impacts on the causes of poverty in communities in the service area where poverty is a particularly acute problem. (2) CSBG funds may be used for allowable CSBG services and activities in compliance with CSBG requirements. These services and activities may include, but are not limited to, helping eligible households: (a) Secure and retain meaningful employment; (b) Attain an adequate education; (c) Make better use of available income; (d) Obtain and maintain adequate housing and a suitable living environment; (e) Obtain emergency assistance through loans or grants to meet immediate and urgent individual and family needs, including the need for health services, nutritious food, housing and employment-related assistance; (f) Remove obstacles and solve problems that block the achievement of self-sufficiency; (g) Achieve greater participation in the affairs of the community; and (h) Make effective use of other programs related to the purpose of CSBG. (3) A subgrantee may also use CSBG funds for a variety of services and activities intended to reduce or eliminate poverty conditions in communities in the service area, including, but not limited to: (a) Providing, on an emergency basis, supplies and services, nutritious food, and related services as may be necessary to counteract conditions of starvation and malnutrition among eligible or potentially eligible households; (b) Coordinating and establishing linkages between government and other social service programs to assure the effective delivery of such services to eligible households; and (c) Encouraging the participation of private sector entities in community efforts to alleviate poverty in the service area. (4) CSBG funds may be used to supplement existing funds or to support existing programs or establish new programs. Subgrantees shall not use CSBG funds, granted or otherwise awarded, to replace funds currently being received from other sources, available or reasonably expected to be available to the subgrantee. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 42 USC 106 & ORS 458.505 History: OHCS 39-2019, amend filed 12/23/2019, effective 12/23/2019 OHCS 15-2019, minor correction filed 07/03/2019, effective 07/03/2019 OHCS 14-2015, f. & cert. ef. 8-25-15 OHCS 21-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 7-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 6-2014, f. & cert. ef. 1-27-14, Renumbered from 813-210-0010 OHCS 2-2002, f. & cert. ef. 4-15-02 OHCS 2-2001(Temp), f. & cert. ef. 10-3-01 thru 4-1-02 HSG 7-1993, f. & cert. ef. 10-1-93, Renumbered from 410-060-0005 HSG 8-1992, f. & cert. ef. 7-29-92 HR 3-1983, f. & cert. ef. 11-25-83 HR 5-1982, f. & cert. ef. 2-5-82
813-210-0035 Application for Funding; Funding Agreement (1) Prior to providing any CSBG services using OHCS funding, subgrantees must submit biennially an application for funding to OHCS. A funding agreement must be approved by OHCS in writing before being operative. (2) Applications for funding must meet all requirements of form and content as established by OHCS. At a minimum, an application must include a subgrantee’s proposed activities for eligible households, anticipated expenditures, and any other information as OHCS may require specific to CSBG funding. Subgrantees must adhere to OHCS requirements and deadlines for submitting an application. An application is subject to approval, with or without modifications, or disapproval by OHCS. (3) In cases where a Community Action Agency (CAA) has the conditional right of first refusal for antipoverty program administration, and the CAA cannot meet the requirements listed in subsection (2) above, OHCS, in its sole discretion, may allow other eligible organizations to submit an application for funding with respect to that service area. (4) OHCS will evaluate all applications for funding for CSBG sufficiency requirements. Sufficiency is based on the quantity, thoroughness and quality of performance that is satisfactory to OHCS. This includes, but is not limited to, providing relevant information necessary for OHCS to assess the subgrantee’s compliance with all CSBG requirements and any other standards, goals, and requirements established by OHCS. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 42 USC 106 & ORS 458.505 History: OHCS 39-2019, amend filed 12/23/2019, effective 12/23/2019 Renumbered from 813-210-0015, OHCS 14-2015, f. & cert. ef. 8-25-15 OHCS 21-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 7-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 6-2014, f. & cert. ef. 1-27-14, Renumbered from 813-210-0010 OHCS 2-2002, f. & cert. ef. 4-15-02 OHCS 2-2001(Temp), f. & cert. ef. 10-3-01 thru 4-1-02 HSG 7-1993, f. & cert. ef. 10-1-93, Renumbered from 410-060-0005 HSG 8-1992, f. & cert. ef. 7-29-92 HR 3-1983, f. & cert. ef. 11-25-83 HR 5-1982, f. & cert. ef. 2-5-82