330-210-0010 Definitions For the purposes of this division, the following definitions apply: (1) “Applicant” means a person who has applied for or who has received a preliminary certificate for a conservation energy incentive program tax credit, who has submitted an informational filing for a small premium project, who has applied for or received a final certification for an energy incentive program tax credit, or who has entered into a performance agreement with the department. (2) “Certified cost” means the cost determined by the department during the review of the final application, used as the basis for calculating the tax credit documented on the final certificate. (3) “Cost” has the meaning given in ORS 469B.270, the capital costs and expenses necessarily incurred in the acquisition, erection, construction and installation of an energy conservation project. (4) “Department” means the Oregon Department of Energy. (5) “Director” means the director of the department. (6) “Energy conservation project” has the meaning given in ORS 469B.270, any capital investment for which the first year energy savings yields a simple payback period of greater than three years. “Energy conservation project” does not include: (a) Recycling equipment, products and projects; (b) Transportation projects; (c) Energy recovery as that term is defined in ORS 459.005; or (d) Alternative fuel vehicles. (7) “Incremental cost” means the difference between the cost of doing the energy conservation project with the energy efficient features and the cost to construct a similar project at current Oregon energy code or documented industry standard. (8) “Installation or construction” means the process of physical assembly of an energy conservation project or supporting infrastructure at its operating location. (9) “Opportunity period” means the timeframe specified in an Opportunity Announcement for the department to accept applications for energy conservation projects. (10) “Qualified third party” means a third party, selected by the director, that provides recommendations to the director regarding a research and development energy conservation project. (11) “Qualifying cost” means the amount of the energy conservation project’s proposed cost that may be eligible for the program. (12) “Research and development project” means an energy conservation project that a qualified third party recommends to the department as one that demonstrates innovation. (13) “Service life” means equipment service life as established in the 2015 edition of the American Society of Heating, Refrigeration and Air Conditioning Engineers’ (ASHRAE) Heating, Ventilating and Air Conditioning (HVAC) Applications Handbook as of the date the department receives a complete preliminary application or, for equipment not rated by ASHRAE, as determined by the department. (14) “Small premium project” means an energy conservation project with qualifying costs of less than $20,000 for which the department has identified prequalified measures. (15) “Total building retrofit” means a comprehensive building retrofit that includes energy efficiency projects for each energy-using system including the building envelope. A building retrofit that does not include each energy-using system may also apply as a total building retrofit; if the project meets the eligibility standards described in OAR 330-210-0070. (16) “Total project cost” means all costs directly associated with an energy conservation project, including costs that are not qualifying costs. Statutory/Other Authority: ORS 469.040 & 469B.306 Statutes/Other Implemented: ORS 469B.270 - 469B.306 & 315.331 History: DOE 4-2016, f. & cert. ef. 11-14-16 DOE 2-2016, f. & cert. ef. 3-15-16 DOE 6-2012, f. & cert. ef. 6-19-12 DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12