812-025-0005 Definitions The following definitions apply to division 25 of OAR chapter 812. (1) “BOLI” means Bureau of Labor and Industries. (2) “BPI” means Building Performance Institute. (3) “Certification” means certification provided to contractors that participate in the construction of small scale local energy projects financed through the EEAST program. (4) “Disadvantaged business enterprise” means that term as defined in ORS 200.005(1). A “disadvantaged business enterprise” is a small business concern: (a) That is at least 51 percent owned by one or more socially and economically disadvantaged individuals; or (b) If a corporation, at least 51 percent of the stock is owned by one or more socially and economically disadvantaged individuals, and of which the management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. (5) “EEAST” means energy efficiency and sustainable technology. (6) “Equal opportunity employer” means an employer that follows the principle of equal opportunity in regards to its hiring and promotion practices. An equal opportunity employer does not discriminate based on race, color, national origin, religion, gender, age, or physical or mental disability. (7) “Minority or women business enterprise” means that term as defined in ORS 200.005(5). A “minority or women business enterprise” is a small business concern: (a) That is at least 51 percent owned by one or more minority individuals or women; or (b) If a corporation, at least 51 percent of the stock is owned by one or more individuals who are minority individuals or women, and of which the management and daily business operations are controlled by one or more of the minority individuals or women who own it. (8) “ODOE” means the Oregon Department of Energy. (9) “Primary contractor” means a contractor that: (a) Has entered or will enter into a contract with an owner of real property for which a proposed small scale local energy project will be located; (b) Is or will be responsible for the completion of the small scale local energy project; (c) Undertakes or will undertake to complete the small scale local energy project; and (d) Is or will be responsible for any subcontractors performing work on the small scale local energy project. (10) “Program” or “EEAST program” means the energy efficiency and sustainable technology loan program. (11) “Project” means a small scale local energy project, as defined by ORS 470.050(27), being funded by the EEAST program. (12) “REAP” means Residential Energy Analyst Program offered through the Oregon Energy Coordinators Association. (13) “Small business” means: (a) An Oregon business that is: (A) A retail or service business employing 50 or fewer persons at the time the loan is made; or (B) An industrial or manufacturing business employing 200 or fewer persons at the time the loan is made; or (b) An Oregon subsidiary of a sole proprietorship, partnership, company, cooperative, corporation or other form of business entity for which the total number of employees for both the subsidiary and the parent sole proprietorship, partnership, company, cooperative, corporation or other form of business entity at the time the loan is made is: (A) Fifty or fewer persons if the subsidiary is a retail or service business; and (B) Two hundred or fewer if the subsidiary is an industrial or manufacturing business. (14) “Small business concern,” for purposes of subsections (4) and (7) of this rule, is defined by the United States Small Business Administration (SBA). 13 C.F.R. part 121. A contractor is a “small business concern” if: (a) It engages in the construction or remodeling of new or existing buildings and receives no more than $33.5 million in average annual receipts; (b) It engages in dredging or surface cleanup activities and receives no more than $20.0 million in average annual receipts; (c) It primarily engages in the following construction trades and receives no more than $14.0 million in average annual receipts: (A) Poured concrete foundation and structure; (B) Structural steel and precast concrete; (C) Framing; (D) Masonry; (E) Glass and glazing; (F) Roofing; (G) Siding; (H) Foundation, structure and building (other than concrete); (I) Electrical; (J) Plumbing; (K) Heating and air-conditioning; (L) Building equipment other than (I), (J) or (K); (M) Drywall and insulation; (N) Painting and wall covering; (O) Flooring; (P) Tile and terrazzo; (Q) Finish carpentry; (R) Building finishing other than carpentry; (S) Site preparation. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 470, 670.310, 701.108, 701.119 & 2009 OL Ch. 753 History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14 CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11