justicedao/ipfs_state_laws huggingface dataset:
330-290-0100 Remedies for unsatisfactory performance (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 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; and (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. Statutory/Other Authority: Oregon Laws 2023 Chapter 442 & ORS 469.040 Statutes/Other Implemented: Oregon Laws 2023 Chapter 442 History: DOE 7-2024, adopt filed 10/29/2024, effective 10/29/2024
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. (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 Director 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. Statutory/Other Authority: Oregon Laws 2023 Chapter 442 & ORS 469.040 Statutes/Other Implemented: Oregon Laws 2023 Chapter 442 History: DOE 7-2024, adopt filed 10/29/2024, effective 10/29/2024
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. Statutory/Other Authority: ORS 469.275-.291 & ORS 469.040 Statutes/Other Implemented: ORS 469.275-.291 History: DOE 8-2024, adopt filed 12/23/2024, effective 01/01/2025
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. Statutory/Other Authority: ORS 469.275-.291 & ORS 469.040 Statutes/Other Implemented: ORS 469.275-.291 History: DOE 8-2024, adopt filed 12/23/2024, effective 01/01/2025
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. Statutory/Other Authority: ORS 469.040 & ORS 469.275-469.291 Statutes/Other Implemented: ORS 469.275-469.291 History: DOE 5-2025, adopt filed 08/04/2025, effective 08/05/2025
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 (c) Oregon Multifamily Energy Program (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. Statutory/Other Authority: ORS 469.040 & ORS 469.275-469.291 Statutes/Other Implemented: ORS 469.275-469.291 History: DOE 5-2025, adopt filed 08/04/2025, effective 08/05/2025
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. Statutory/Other Authority: ORS 469.040 & ORS 469.275-469.291 Statutes/Other Implemented: ORS 469.275-469.291 History: DOE 5-2025, adopt filed 08/04/2025, effective 08/05/2025
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; (c) $10,000 for all Tier 2 buildings. (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. Statutory/Other Authority: ORS 469.040 & ORS 469.275-469.291 Statutes/Other Implemented: ORS 469.275-469.291 History: DOE 5-2025, adopt filed 08/04/2025, effective 08/05/2025
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 (c) Building owner mailing address (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. Statutory/Other Authority: ORS 469.040 & ORS 469.275-469.291 Statutes/Other Implemented: ORS 469.275-469.291 History: DOE 5-2025, adopt filed 08/04/2025, effective 08/05/2025
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. Statutory/Other Authority: ORS 469.040 & ORS 469.275-469.291 Statutes/Other Implemented: ORS 469.275-469.291 History: DOE 5-2025, adopt filed 08/04/2025, effective 08/05/2025
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. Statutory/Other Authority: ORS 469.040 & ORS 469.275-469.291 Statutes/Other Implemented: ORS 469.275-469.291 History: DOE 5-2025, adopt filed 08/04/2025, effective 08/05/2025
331-001-0010 Model Rules of Procedure Pursuant to ORS 183.341, the Health Licensing Office adopts the Model Rules of Procedure, OAR 137-001-0005 through 137-001-0100, in effect on March 23, 2018, as promulgated by the Attorney General of the State of Oregon under the Administrative Procedures Act, as the rules of procedure for rulemaking actions of the Health Licensing Office. Statutory/Other Authority: ORS 183, ORS 676.565, ORS 676.615 & ORS 681.700-681.730 Statutes/Other Implemented: ORS 183, ORS 676.565, ORS 676.615 & ORS 681.700-681.730 History: HLO 71-2018, amend filed 04/30/2018, effective 05/01/2018 HLA 1-2009, f. & cert. ef. 6-1-09 HLO 1-2004, f. & cert. ef. 2-13-04
331-001-0015 Applicability of Office Rules The provisions of OAR 331-001-0000 through 331-030-0040 shall apply in the administration and regulation of all programs administered by the Office pursuant to ORS 676.565 and ORS 681.700 to 676.730 except as otherwise provided. Statutory/Other Authority: ORS 675.615, ORS 681.700-676.730 & ORS 676.565 Statutes/Other Implemented: ORS 675.615, ORS 681.700-676.730 & ORS 676.565 History: HLO 71-2018, adopt filed 04/30/2018, effective 05/01/2018
331-001-0020 Administrative Rulemaking The Office will maintain an interested-parties mailing list and may periodically request that persons on this list confirm that they wish to remain on the list. Statutory/Other Authority: ORS 676.565, ORS 676.615 & ORS 681.700-676.730 Statutes/Other Implemented: ORS 676.565, ORS 676.615 & ORS 681.700-676.730 History: HLO 71-2018, amend filed 04/30/2018, effective 05/01/2018 HLO 1-2004, f. & cert. ef. 2-13-04
331-010-0000 Definitions Unless the context requires otherwise, these definitions shall apply to all boards, councils and programs under ORS 676.565 and ORS 681.700 to 676.730. (1) “Affidavit of licensure” means an original document or other approved means of verifying an authorization to practice (licensure or registration), status and history, including information disclosing all unresolved or outstanding penalties and disciplinary actions. (2) “Office” means the Health Licensing Office . (3) “Practitioner” means an individual who has been issued an authorization by the Office. (4) “Program” refers to the boards, councils and programs listed in ORS 676.565 and ORS 681.700 to 676.730 and administered by the Office. Statutory/Other Authority: ORS 676.565, ORS 676.615 & ORS 681.700-676.730 Statutes/Other Implemented: ORS 676.565, ORS 676.615 & ORS 681.700-676.730 History: HLO 71-2018, amend filed 04/30/2018, effective 05/01/2018 HLA 1-2009, f. & cert. ef. 6-1-09 HLO 1-2004, f. & cert. ef. 2-13-04
331-010-0010 Fees (1) Payments made to the Office must be made for the exact amount of the transaction. (2) When the Office receives payment and required documentation that is incomplete or incorrect, it may be returned to the sender for correction before being processed by the Office and late fees may accrue. (3) Fees will be applied as directed by the applicant, authorization holder or payer. Misapplied fees may be corrected by written request specifying the certificate, license, permit or registration number(s) affected and the action requested, subject to conditions in OAR 331-010-0020(2). (4) Payments received by the Office without indication of purpose or intent will be applied toward any outstanding civil penalty balance or administrative processing fees. (5) Fee schedules are published in the administrative rules for each program administered by the Office. (6) Whenever a bank check, credit or debit transaction in payment of an obligation due for fees, penalties, copies of records or materials, or other services to the Office, is dishonored by the bank upon which the check is drawn, the applicant or authorization holder must pay a $25 administrative-processing fee. The Office may take any other disciplinary action against an authorization holder or payer, and may seek other legal remedies to collect the returned items. If a check is returned for NSF or uncollected funds, the Office will attempt to collect payment electronically. Statutory/Other Authority: ORS 30.701, ORS 676.625, ORS 676.565 & ORS 681.730 Statutes/Other Implemented: ORS 30.701, ORS 676.625, ORS 676.565 & ORS 681.730 History: HLO 71-2018, amend filed 04/30/2018, effective 05/01/2018 HLO 1-2004, f. & cert. ef. 2-13-04
331-010-0020 Refund of Payments (1) The Office will not refund any payment, fees, penalties or other charges unless the Office is in error. Incorrect information supplied by the authorization holder or payer and used by the Office is not an error. (2) The Office will comply with ORS 291 and 293 and the Oregon Accounting Manual regarding administration of public funds pertaining to assessment of fees, charges and refunding monies. (3) Application fees will not be refunded. The Office will retain the application fee if an applicant withdraws the application for a certificate, license, permit or registration before the issuance of the authorization, or fails to complete the application process. (4) The Office may refund fees paid for a scheduled examination on a case-by-case basis when the applicant fails to appear. The Office may request documentation from the individual to validate the circumstance cited and may refund the fees or reschedule an examination. Statutory/Other Authority: ORS 30.701, ORS 293.445, ORS 676.565, ORS 676.625 & ORS 681.730 Statutes/Other Implemented: ORS 30.701, ORS 293.445, ORS 676.565, ORS 676.625 & ORS 681.730 History: HLO 71-2018, amend filed 04/30/2018, effective 05/01/2018 HLA 1-2009, f. & cert. ef. 6-1-09 HLO 1-2004, f. & cert. ef. 2-13-04
331-010-0030 Fees for Public Records (1) When determining fees associated with the processing of requests for public records, the Office will follow the statewide standardized fee-structure policy number 107-001-030 maintained by the Department of Administrative Services and adopted on Feb. 15, 2017. (2) Notwithstanding section (1), the Office adopts the following for determining fees generated by providing paper or electronic copies to requestors: (a) The 2017-2019 Oregon state printing and distribution price list. (b) The Dec. 19, 2014, Oregon statewide price agreement with OfficeMax. (c) Actual cost for delivery of records such as postage and courier fees. ( 3) All requests for copies of public records pertaining to the Office, or any program it administers, shall be submitted in writing, electronic mail, or by completion of an electronic form provided by the Office. Requests are subject to disclosure according to the Public Records Law, ORS 192.410 to 192.505, and rules adopted thereunder. (4) All estimated fees and charges must be paid before public records will be made available for inspection or copies provided. (5) Charges to the general public shall be payable in cash, cashier's check, money order, or credit card. Payment by personal check for copies of official documents is not accepted. (6) “Page” refers to the number of copies produced. Staff will not reduce the copy size or otherwise manipulate records in order to fit additional records on a page, unless staff concludes that it would be the most effective use of their time. Consistent with ORS 192.240, all copies will be double-sided. A double-sided copy will be charged as two single pages. (7) Charges for regular Office publications and media requests, such as computer disks, video cassettes, audio tapes or other types of public record formats, shall be available upon request and a price list shall be published on the Office website annually. (8) When mailing voluminous records or responding to special requests, the Office shall charge for staff time required to prepare the records for mailing, in addition to actual postage. (9) The Office shall charge for staff time required to fill public record requests that require electronic reproduction. Charges include time spent locating, downloading, formatting, copying and transferring records to media. Charges for reproduction media are available upon request. (10) Due to the threat of computer viruses, the Office will not permit individuals to provide diskettes or other technology for electronic reproduction of computer records. (11) Persons may obtain a printed copy of rules or related documents upon written request and payment of fees as specified in OAR 331-010-0030. Statutory/Other Authority: ORS 192.338, ORS 30.701, ORS 676.565, ORS 676.625 & ORS 681.700-681.730 Statutes/Other Implemented: ORS 192.338, ORS 30.701, ORS 676.565, ORS 676.625 & ORS 681.700-681.730 History: HLO 72-2018, minor correction filed 05/10/2018, effective 05/10/2018 HLO 71-2018, amend filed 04/30/2018, effective 05/01/2018 HLA 1-2009, f. & cert. ef. 6-1-09 HLO 1-2004, f. & cert. ef. 2-13-04