justicedao/ipfs_state_laws huggingface dataset:
330-068-0090 Payment Levels (1) TAS: The Department shall reimburse the institution for actual costs for a TAS not to exceed $0.0108 multiplied by the institution’s electric energy use expressed in kWh/yr, or not to exceed an amount equal to the total estimated cost of those ECMs recommended in the TAS and approved by the Department, whichever is smaller. The Department reserves the right to question and request adjustments of costs for a TAS which are judged to be unreasonable: (2) ECM: (a) The Department shall reimburse the institution actual costs for an ECM. Such costs shall not exceed $0.292 multiplied by the estimated first year kWh savings, minus the estimated first year dollar savings. These savings are those associated with the energy use reduction determined by multiplying the building’s retail electric energy rate by its estimated annual kilowatt hour savings indicated by the TAS for such ECM; (b) For ECM projects costing more than $10,000 but less than $200,000, progress payments may be made for ECMs upon 30 percent, 60 percent, and 100 percent completion, unless otherwise agreed to by Bonneville; (c) For ECM projects costing more the $200,000, progress payments may be made for ECMs upon 30 percent, 60 percent, 80 percent, and 100 percent completion, unless otherwise agreed to by Bonneville. Statutory/Other Authority: ORS 183 & 469 Statutes/Other Implemented: ORS 469 History: DOE 3-1985, f. & ef. 3-20-85 DOE 5-1984, f. & ef. 4-3-84 DOE 11-1982, f. & ef. 12-17-82
330-069-0005 Purpose These rules describe how the Oregon Department of Energy (ODOE) will run a two-year Institutional Buildings Program. The program will be funded by four investor-owned utilities. The program is to save electricity in schools, hospitals, public care and government buildings, and eligible facilities other than buildings. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 5-1985, f. & ef. 6-17-85
330-069-0010 Compliance with Other Rules, Regulations, Codes and Standards Projects in this program must comply with all applicable local, state and federal rules, regulations, ordinances, statutes, codes, and standards. These rules in no way alter the responsibility of the applicant for such compliance. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 5-1985, f. & ef. 6-17-85
330-069-0020 Availability The program funds are only for buildings and facilities for which ODOE accepted TA or ECM applications under the BPA/IBP in 1983. This limit does not apply to Idaho Power Company and CP National. All eligible buildings and facilities must be in the Oregon service area of the IOUs listed in OAR 330-069-0075. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 5-1985, f. & ef. 6-17-85
330-069-0025 Maximum Payment Levels (1) TAS: ODOE shall set the maximum payment to the owner for a TAS as the smaller of: (a) An amount equal to the actual cost of the TAS; or (b) An amount not to exceed $0.0108 times the building’s kWh/yr use at the time the EA is completed or updated. ODOE reserves the right to question and adjust the cost of a TAS. The actual payment will be set as per OAR 330-069-0085(2). (2) ECM: (a) ODOE shall set the maximum payment for an ECM as the smaller of: (A) An amount equal to the estimated cost of the ECM less the first year dollar savings stated in the TAS; or (B) An amount not to exceed $0.292 times the estimated first year kWh savings, less the first year dollar savings stated in the TAS. The final payment will also be subject to OAR 330-069-0085(3). (b) For projects that cost more than $10,000 but less than $200,000, progress payments may be made upon 30 percent, 60 percent, and 100 percent project completion, unless otherwise agreed to by the funding IOU and ODOE; (c) For projects that cost more than $200,000, progress payments may be made upon 30 percent, 60 percent, 80 percent, and 100 percent project completion, unless otherwise agreed to by the funding IOU and ODOE. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 5-1985, f. & ef. 6-17-85
330-069-0030 Obligated Measures (1) ODOE shall contract with an owner for projects that comply with OAR 330-069-0085. ODOE shall prepare and submit to each IOU a summary report for ECMs approved under such contract. (2) When the owner and ODOE have signed a contract, the owner must complete the project no later than the date set by the contract, or its amendment in accordance with OAR 330-069-0060. (3) When ODOE finds that the completed project complies with OAR 330-069-0085, ODOE shall request the funding IOU to pay the owner an amount not to exceed that set in 330-069-0025. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 5-1985, f. & ef. 6-17-85
330-069-0035 Payment Procedures (1) ODOE shall approve TAS and ECM payments according to OAR 330-069-0025 and 330-069-0085. ODOE shall request the funding IOU to make payments. (2) All payout of program funds shall be by the IOU as per ODOE’s approved requests. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 5-1985, f. & ef. 6-17-85
330-069-0040 Other Sources of Payment ODOE shall not approve payment for a TAS or ECM funded by a cost sharing grant under the U.S. DOE/ICP. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 5-1985, f. & ef. 6-17-85
330-069-0045 Program Records ODOE shall keep the following records about payment of program funds. ODOE shall make quarterly reports to the IOUs listed in OAR 330-069-0075 and the OPUC. The reports shall cover the status of all funded projects and of all funds approved: (1) For energy audits (for buildings and occupied buildings only): (a) O&M actions taken by the owner in a building; (b) Reason why the owner did not take O&M actions in accord with OAR 330-069-0085(2)(b)(B). (2) For TAS: (a) Name and address of owner; (b) Name and address of building, or facility other than a building; (c) Purpose for which the building or facility is used; (d) Name of utility serving building or facility; (e) Total electricity use in kWh/yr/sq ft; (f) Building or facility size; (g) Records that prove actual TAS cost; (h) Amount of the IOU payment; (i) Copy of each completed EA (for buildings and occupied buildings only); (j) Copy of each completed TAS; (k) Reasons why the building owner did not submit a TAA qualification statement; (l) O&M actions taken by the owner in a facility other than a building; and (m) Reason why the owner did not take O&M actions in a facility other than a building, as per OAR 330-069-0085(2)(c)(A). (3) For ECM: (a) Name and address of owner and of building or facility; (b) Purpose for which the building or facility is used; (c) Total building, or facility electricity use in kWh/yr/sq ft; (d) Total estimated yearly kilowatt hour savings; (e) Building or facility size; (f) Date and amount of the funding IOU payment(s); (g) Total cost of ECM; (h) Records that prove actual cost of all installed ECMs; (i) Name of utility serving building, or facility other than a building; (j) Local retail electricity cost for each funded building or facility other than a building. This shall be the serving utility cost of energy in effect at the time of the ECM application; (k) Ranking results; (l) Data that support kWh savings estimates; (m) Reason for exempting ECM installation from competitive fixed price bids required by OAR 330-069-0085(3)(c)(B); and (n) Report that includes the date and results of the on-site visit and project completion date. (4) Records on this program kept by the owner shall contain the information stated in these rules. The records shall be kept by the owner in any form, so long as the requirements of section (5) of this rule are met. Such records shall be kept for three years after the program ends. (5) Program records shall be set up and kept in accord with sound accounting rules and shall conform with laws and federal regulations that apply, including the Privacy Act of 1974. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 5-1985, f. & ef. 6-17-85
330-069-0050 Program Audits ODOE, the funding IOU and/or the OPUC, upon reasonable notice and at their expense, may: (1) Audit and inspect program records and accounts kept by the owner pursuant to these rules; (2) Request copies of such program records and accounts for audit purposes; (3) Conduct random inspections of ECMs done under these rules. All such inspections shall be arranged in advance with the owner; and (4) Review methods by which the owner complies with these rules. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 5-1985, f. & ef. 6-17-85
330-069-0055 Indemnification The owner shall be an independent contractor in this program. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 5-1985, f. & ef. 6-17-85
330-069-0060 Extension of Time for Obligated Measures The owner may request to extend the completion date of a project contracted in accord with OAR 330-069-0030. A written request must be received by ODOE no less than 30 days before the completion date stated in the contract. The request shall include the new date to complete the project and the reason to extend the date. ODOE shall notify the owner in writing, if all or part of the request has been granted or denied. Requests for extension will be judged on a case by case basis. In no case will more than two extensions be granted for a single contract. In no case will an extension be granted that would prevent completion of the project in accord with OAR 330-069-0015(20). Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 5-1985, f. & ef. 6-17-85
330-069-0065 Termination of Obligated Measures (1) ODOE and/or the funding IOU, by written notice of default to the owner, may terminate the contract and request that any funds received be paid back. This also includes any obligations created in accord with OAR 330-069-0030 if any measure is not completed within the time stated in the contract or any amendment thereof. (2) ODOE may request the funding IOU to withhold payment from the owner for completed services. Such amount will be that which ODOE deems necessary to protect the IOU and ODOE against loss. (3) The rights and remedies of OPUC, the IOU and ODOE set forth in this section shall not be exclusive. They are in addition to any other lawful rights and remedies. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 5-1985, f. & ef. 6-17-85
330-069-0070 Termination If the IOU has made progress payments for a project under OAR 330-069-0025, and such project is not completed by the owner in accord with these rules, the owner shall be liable for excess costs paid by the funding IOU to complete such project. The owner shall be liable for refund to the IOU all or part of any payments received, as ODOE may decide. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 5-1985, f. & ef. 6-17-85
330-069-0075 Operating Area ODOE shall run this program in the Oregon service areas of these IOUs: (1) CP National; (2) Idaho Power Company; (3) Pacific Power and Light Company; (4) Portland General Electric Company. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 5-1985, f. & ef. 6-17-85
330-069-0080 Project Ranking Formula (1) TAS: (a) ODOE shall rank TAS applications for a building or occupied building by its potential for ECMs. Rank shall be set by a point system based upon data in the EA; (b) ODOE shall approve for funding qualified TAS applications in rank order starting with the highest ranked application. (2) ECM: (a) ODOE shall rank ECM Project applications by this formula: Project Payment = Ranking Value E (A) Project Payment = The sum of allowable ECM costs where the allowable cost of each ECM is determined by OAR 330-069-0025(2)(a); (B) E = The sum of electricity savings from all ECMs; savings are equal to the life of each ECM times its estimated yearly kilowatt hour savings. (b) Any direct application renewable resource part of a project shall not be ranked or funded; (c) ODOE shall approve for funding qualified ECM project applications in rank order starting with the lowest ranked. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 5-1985, f. & ef. 6-17-85
330-069-0090 Amendments These rules may be amended from time to time as needed on agreement of the IOUs listed in OAR 330-069-0075, OPUC and ODOE. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 316.088 History: DOE 5-1985, f. & ef. 6-17-85
330-070-0010 Purpose (1) The department will grant or deny tax credits in accordance with ORS 469B.100 through 469B.118 and ORS 316.116 which allow tax credits for Alternative Energy Devices (AEDs). (2) These rules establish the criteria and standards for issuance of tax credits for AEDs. None of these rules replace any building code requirements. (3) All decisions made by the department regarding AED eligibility, approval of tax-credit technician status, complaints regarding performance of tax-credit technicians, revocation of tax-credit technician status and other matters relating to the administration of this program after the effective date of these rules will be made consistent with the criteria and standards contained in these rules. (4) The amendments to these rules apply to AEDs purchased on or after January 1, 2017. Statutory/Other Authority: ORS 469.040 & 469B.103 Statutes/Other Implemented: ORS 469B.100-469B.118 & 316.116 History: DOE 8-2016, f. 12-29-16, cert. ef. 1-1-17 DOE 6-2015, f. 11-9-15, cert. ef. 1-1-16 DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15 DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13 DOE 16-2010, f. & cert. ef. 12-22-10 DOE 7-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10 DOE 7-2008, f. 10-31-08, cert. ef. 11-1-08 DOE 4-2007, f. 11-30-07, cert. ef. 12-1-07 DOE 4-2006, f. 12-29-06, cert. ef. 1-1-07 DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06 DOE 1-2004, f. & cert. ef. 1-21-04 DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01 DOE 2-2000, f. 12-29-00, cert. ef. 1-1-01 DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00 DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98 DOE 1-1996, f. & cert. ef. 4-1-96 DOE 1-1995, f. & cert. ef. 1-17-95 DOE 2-1989, f. 12-28-89, cert. ef. 1-1-1990 DOE 1-1989, f. & cert. ef. 6-15-89 DOE 4-1987, f. 12-18-87, ef. 1-1-88 DOE 1-1986, f. & ef. 2-7-86 DOE 6-1983, f. 12-16-83, ef. 1-1-84 DOE 1-1982, f. 1-12-82, ef. 2-1-82 DOE 6-1979, f. & ef. 11-13-79 DOE 5-1978, f. & ef. 9-27-78 DOE 3-1978, f. & ef. 3-7-78 DOE 12(Temp), f. & ef. 10-14-77
330-070-0014 Pass-Through Eligibility (1) An individual, estate or trust subject to tax under ORS chapter 316 that pays the present value to purchase the approved tax credit from the applicant may be eligible to claim the tax credit in place of the applicant. (2) In accordance with ORS 469B.106(10), the department establishes the following rates for calculating the present value of the tax credit: (a) For tax credits greater than $1,500 the present value is 90 percent of the tax credit amount. (b) For tax credits less than $1,500 the present value is 95 percent of the tax credit amount. (3) The department will issue a credit certificate to the pass through partner when the applicant confirms receipt of an amount equal to the present value of the tax credit and relinquishes any claim to the credit. (4) A tax credit may be transferred or sold only once. (5) A tax credit may not be transferred in portions. Only the whole tax credit amount may be transferred. (6) The department must receive a pass-through application on or before June 1, 2018. Statutory/Other Authority: ORS 469.040 & 469B.106; 469B.109 Statutes/Other Implemented: ORS 469B.100–469B.118 & 316.116 History: DOE 8-2016, f. 12-29-16, cert. ef. 1-1-17 DOE 6-2015, f. 11-9-15, cert. ef. 1-1-16 DOE 9-2014, f. 12-29-14, cert. ef. 1-1-15 DOE 8-2013, f. 12-27-13, cert. ef. 1-1-14 DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13 DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12 DOE 16-2010, f. & cert. ef. 12-22-10 DOE 4-2007, f. 11-30-07, cert. ef. 12-1-07 DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06 DOE 1-2004, f. & cert. ef. 1-21-04 DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01
330-070-0020 Eligibility (1) To qualify for a credit, a person must meet all of the following: (a) Be subject to Oregon personal income tax. (b) Purchase an AED, complete construction, install an AED in or at an Oregon dwelling, and obtain a certification in accordance with OAR 330-070-0010 through 330-070-0097. (c) Be the owner or contract buyer of an Oregon dwelling served by the AED, or be a tenant of the dwelling owner: (A) Use the dwelling as a primary or secondary residence; or (B) Rent or lease the dwelling to a tenant who uses the dwelling or dwellings as a primary or secondary residence. (2) Notwithstanding (1)(b), a residential property owner may qualify for a credit for an AED that is a third-party alternative energy device installation by meeting the following additional requirements: (a) Installations must include a minimum 10-year agreement between the residential property owner and the third-party owner of the AED. The agreement must cover maintenance of the AED and either the use of the AED or the power generated by the AED for the entire length of the agreement. (b) The third-party must comply with OAR 330-070-0029. (c) The applicant must provide system cost information for third-party AED installations. System cost can be demonstrated by providing either a copy of an invoice for the purchase of the AED by the third-party owner, or a declaration from the third-party owner of representative market value for an AED that includes the costs of supply and installation. Such a declaration must include a list of primary system components and their pricing, itemizing material pricing separately from installation pricing. Statutory/Other Authority: ORS 469.040 & 469B.103 Statutes/Other Implemented: ORS 469B.100–469B.118 & 316.116 History: DOE 6-2015, f. 11-9-15, cert. ef. 1-1-16 DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15 DOE 8-2013, f. 12-27-13, cert. ef. 1-1-14 DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13 DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12 DOE 16-2010, f. & cert. ef. 12-22-10 DOE 4-2006, f. 12-29-06, cert. ef. 1-1-07 DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06 DOE 1-2004, f. & cert. ef. 1-21-04 DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01 DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00 DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98 DOE 4-1987, f. 12-18-87, ef. 1-1-88 DOE 1-1986, f. & ef. 2-7-86 DOE 7-1984, f. & ef. 12-19-84 DOE 6-1983, f. 12-16-83, ef. 1-1-84 DOE 1-1982, f. 1-12-82, ef. 2-1-82 DOE 6-1979, f. & ef. 11-13-79 DOE 5-1978, f. & ef. 9-27-78 DOE 3-1978, f. & ef. 3-7-78 DOE 12(Temp), f. & ef. 10-14-77
330-070-0024 Year Credit Claimed (1) The tax credit must be claimed pursuant to ORS 316.116. (2) The tax credit allowed in any one year may not exceed a person's tax liability for that year. Unused credit may be carried forward for a maximum of 5 years as allowed under ORS 316.116. (3) The tax year for which the tax credit may be claimed is determined by the operational date of the AED: (a) If the operational date of the AED is before April 1 of the tax year following the year it was purchased, then the tax credit must be claimed for the tax year in which the AED was purchased. Proof of purchase is established using the “Purchase Date” as defined in OAR 330-070-0013. (b) Otherwise, the tax credit must be claimed for the tax year in which the AED became operational. Proof of operation is established using the “Operational Date” as defined in OAR 330-070-0013. Statutory/Other Authority: ORS 469.040 & 469B.103 Statutes/Other Implemented: ORS 469B.100-469B.118 & 316.116 History: DOE 8-2016, f. 12-29-16, cert. ef. 1-1-17 DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13 DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12 DOE 16-2010, f. & cert. ef. 12-22-10 DOE 1-2004, f. & cert. ef. 1-21-04 DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01 DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00 DOE 2-1989, f. 12-28-89, cert. ef. 1-1-90 DOE 1-1989, f. & cert. ef. 6-15-89 DOE 4-1987, f. 12-18-87, ef. 1-1-88
330-070-0027 Application Review Process (1) The department must receive an application on or before June 1, 2018 to consider the application for AED tax credit approval. AEDs must comply with OAR 330-070-0010 through 330-070-0097. Specific rules for each type of AED are provided in OAR 330-070-0059 through 330-070-0097. (2) The department will return applications that are not complete and will identify the additional information needed. (3) The department may require more details to complete its review of an application. (a) If the department requests additional data and does not receive it within 30 days, the department may deny the application. (b) During review, the department may ask for proof that the AED complies the rules. The department may also suggest changes to allow the AED and application to comply with these rules. (4) To obtain the information needed to evaluate an application or to verify eligibility and first year energy savings, the department may, with the owner's consent, inspect an installed AED: (a) The department may deny a system certification or request Department of Revenue (DOR) to initiate proceedings for the forfeiture of a tax credit if an owner refuses to allow the department to inspect the AED; (b) The department may require corrections necessary to bring the AED or tax credit application into compliance with the rules to be made within 30 days; (c) If such changes are not made within this time limit, the department may reject the application; and (d) The department may use the results of utility, Energy Trust of Oregon or jurisdictional inspections in lieu of its own inspection. (5) The department may reject any application if the AED does not comply with ORS 469B.100 through 469B.118, 316.116 and OAR 330-070-0010 through 330-070-0097. The department will provide an explanation for all rejected applications in writing. Approved requests for lesser cost than claimed by the applicant will also include a written explanation of the basis for the determination. (6) If the department rejects an application for system certification or approves a certification for lesser cost than claimed by the applicant, an applicant may appeal the rejection. The appeal must be filed within 60 days of the mailing of the rejection notice by the department, in accordance with ORS 183.310 through 183.500. Statutory/Other Authority: ORS 469.040 & 469B.103 Statutes/Other Implemented: ORS 469B.100-469B.118 & 316.116 History: DOE 8-2016, f. 12-29-16, cert. ef. 1-1-17 DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15 DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13 DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12 DOE 16-2010, f. & cert. ef. 12-22-10 DOE 1-2004, f. & cert. ef. 1-21-04 DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01 DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00 DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98 DOE 2-1989, f. 12-28-89, cert. ef. 1-1-90 DOE 4-1987, f. 12-18-87, ef. 1-1-88 DOE 2-1987, f. & ef. 5-13-87 DOE 1-1986, f. & ef. 2-7-86 DOE 7-1984, f. & ef. 12-19-84 DOE 6-1983, f. 12-16-83, ef. 1-1-84 DOE 1-1982, f. 1-12-82, ef. 2-1-82