justicedao/ipfs_state_laws huggingface dataset:
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 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. 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) History: DOE 3-2022, amend filed 04/13/2022, effective 04/15/2022 DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020
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 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 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 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) History: DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020
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. 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) History: DOE 1-2020, amend filed 05/28/2020, effective 05/28/2020 DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020
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 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 or paired solar and storage systems for which rebates are available. (4) The contractor attempts to obtain a rebate through fraud or misrepresentation. 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) History: DOE 3-2022, amend filed 04/13/2022, effective 04/15/2022 DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020
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; (c) Promoting small-scale renewable energy projects; and (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. 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) History: DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022
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; (c) Planning a community renewable energy project that does not qualify as a community energy resilience project; and (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; (c) Where to find the required application forms, associated materials, and instructions; (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. 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) History: DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022
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. 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) History: DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022
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. 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) History: DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022
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; (c) Any listed partners meet the definition of a partner in OAR 330-250-0010(17); and (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. 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) History: DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022
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 m inimum 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. 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) History: DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022
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). (c) The cost of title searches, escrow fees, permits fees, license fees and shipping. (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. (c) Litigation or other legal fees and court costs. (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. 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) History: DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022
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; (c) Any listed partners meet the definition of a partner in OAR 330-250-0010(17); (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. (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. 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) History: DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022
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. (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 project development grant awards. (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. 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) History: DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022