justicedao/ipfs_state_laws huggingface dataset:
330-130-0500 Use of Fuel Cell Power Systems (1) This rule establishes the criteria for agencies to use when comparing fuel cell power systems to other equipment options as required by ORS 276.910. (2) State agencies who are constructing or renovating a Class 1 building with an identified requirement for emergency backup power or with critical power application shall compare and evaluate, in collaboration with the design team, available equipment options, including fuel cell power systems, to meet the identified need. The evaluation shall include, but not be limited to: (a) An evaluation of the emissions over the expected life cycle of the system, including the estimated activity related to standby, testing, maintenance, fueling, and operational activity. An agency may, if the information is available, consider the emissions generated during manufacturing and shipping of the equipment, including its components. (b) A comparison and documentation demonstrating that the agency considered the environmental impact for the following: (A) Nitrous Oxide; (B) Sulfur Oxide; (C) Carbon Monoxide; (D) Carbon Dioxide; (E) Other regulated particulates; and (F) Any other pollutant identified by the agency. (c) A comparison of the life cycle costs of all equipment under consideration, which may include estimates of acquisition, installation and commissioning, siting and permitting, maintenance, fueling and decommissioning and training costs; and (d) An analysis of the ability of the systems to meet the design and stress needs of the application, the availability of fuel over the life cycle of the system and the availability of service support, maintenance and parts during system life cycle. Statutory/Other Authority: ORS 276.910 Statutes/Other Implemented: ORS 276.910 History: DOE 12-2010, f. & cert. ef. 10-1-10
330-135-0010 Purpose The purpose of these rules is to establish procedures to administer ORS 279C.527 through 279C.528 and Oregon Laws 2019 chapter 160 (HB 2496), which require a contracting agency to include an appropriate green energy technology, or if green energy technology is not appropriate an eligible alternative to green energy technology in the construction, reconstruction, or major renovation of a public building by spending an amount equal to at least 1.5 percent of the total contract price associated with that building. Statutory/Other Authority: ORS 469.040, ORS 297C.528 & OL 2019, Ch. 160 (HB 2496) Statutes/Other Implemented: ORS 297C.528, ORS 279C.527 & OL 2019, Ch. 160 (HB 2496) History: DOE 2-2019, amend filed 12/19/2019, effective 01/01/2020 DOE 7-2017, amend filed 12/20/2017, effective 12/20/2017 DOE 7-2013, f. & cert. ef. 12-23-13 DOE 15-2012, f. 12-27-12, cert. ef. 1-1-13 DOE 6-2007, f. 12-31-07, cert. ef. 1-2-08
330-135-0018 Requirement for Inclusion of Green Energy Technology (1) Except as provided in OAR 330-135-0040, contracting agencies must spend an amount equal to at least 1.5 percent of the total contract price of a subject public building project, as defined in OAR 330-135-0020, for the inclusion of eligible green energy technology, or if green energy technology is not appropriate energy use efficiency or woody biomass energy technology, in the subject public building. (2) Contracting agencies may install the green energy technology (other than battery storage), energy use efficiency, or woody biomass energy technology required under subsection (1) of this section at a site located away from the eligible public building in accordance with ORS 279C.527(3)(a) to (b), as amended by Oregon Laws 2019, chapter 160 (HB 2496). (3) Contracting agencies may defer expenditure of these funds under the conditions of OAR 330-135-0045 and 330-135-0051. Statutory/Other Authority: ORS 469.040, ORS 279C.528 & OL 2019, Ch. 160 (HB 2496) Statutes/Other Implemented: ORS 279C.528, ORS 279C.527 & OL 2019, Ch. 160 (HB 2496) History: DOE 2-2019, amend filed 12/19/2019, effective 01/01/2020 DOE 7-2017, amend filed 12/20/2017, effective 12/20/2017 DOE 7-2013, f. & cert. ef. 12-23-13 DOE 15-2012, f. 12-27-12, cert. ef. 1-1-13
330-135-0025 Eligible Contract Price (1) The 1.5 percent to be spent on green energy technology, energy use efficiency, or woody biomass energy technology must be based on the total contract price. (2) The total contract price must not be reduced by federal, state, or other incentives that may be available for the green energy technology, energy use efficiency, or woody biomass energy technology. (3) Any constitutionally, statutorily or contractually dedicated government funds for the building that have been determined to be unavailable for the installation of green energy technology, energy use efficiency, or woody biomass energy technology may be excluded when determining eligible costs under this section. (4) For buildings with a joint public-private ownership, the total contract price must be pro-rated based on the contracting agency's share of the ownership. (5) For buildings that are being constructed or renovated with private funding but which are intended for ultimate ownership by a contracting agency, the total contract price must include the privately-funded share of the construction contract. (6) Dividing a single project into multiple smaller projects in order to avoid or reduce the level of compliance with ORS 279C.527 through 279C.528 and Oregon Laws 2019 chapter 160 (HB 2496) and these rules is not permitted. (7) The total contract price used for the purposes of calculating a contracting agency’s 1.5 percent obligation for expenditure on green energy technology, energy use efficiency, or woody biomass technology shall be the anticipated, budgeted costs for all required elements of the total contract price as best known to the contracting agency during project planning and schematic design phases. Statutory/Other Authority: ORS 469.040, ORS 297C.528 & OL 2019, Ch. 160 (HB 2496) Statutes/Other Implemented: ORS 297C.528, ORS 279C.527 & OL 2019, Ch. 160 (HB 2496) History: DOE 2-2019, amend filed 12/19/2019, effective 01/01/2020 DOE 7-2017, amend filed 12/20/2017, effective 12/20/2017 DOE 7-2013, f. & cert. ef. 12-23-13 DOE 15-2012, f. 12-27-12, cert. ef. 1-1-13 DOE 6-2007, f. 12-31-07, cert. ef. 1-2-08
330-135-0030 Green Energy Technology Performance Requirements (1) Solar electric (photovoltaic), solar water heating, solar pool heating, and active solar space heating systems are to be installed in locations that have a total solar resource fraction (TSRF) of 75 percent or greater. (2) Photovoltaic and geothermal electric systems must be separately metered to record electricity production. (3) Geothermal systems that directly supply heat to the building system(s), passive solar thermal systems, daylighting systems or any combination thereof must jointly reduce the building’s energy use by 10 percent or more, as demonstrated with whole building energy modeling prepared under the direction of a licensed professional engineer. (a) For local or special government bodies, the baseline and proposed buildings must be modeled according to the requirements of the 2019 Energy Code. (b) For state government bodies, the baseline and proposed buildings must be modeled according to the requirements of the Proposed Building as defined in the State Energy Efficient Design (SEED) Guidelines. (c) The model for the proposed geothermal systems supplying heat to the building system(s), passive solar thermal systems, daylighting systems or any combination thereof must only include differences that are directly attributable to the geothermal heating system, passive solar thermal systems or daylighting systems. Lighting, HVAC and other equipment efficiencies, etc., must be identical between the baseline and proposed models. (d) The system(s) must be commissioned by a third-party commissioning agent. (4) Purchase of renewable energy certificates does not constitute compliance with the requirements of ORS 279C.527 through 279C.528 and Oregon Laws 2019, chapter 160 (HB 2496). Statutory/Other Authority: ORS 469.040, ORS 297C.528 & OL 2019, Ch. 160 (HB 2496) Statutes/Other Implemented: ORS 297C.528, ORS 279C.527 & OL 2019, Ch. 160 (HB 2496) History: DOE 2-2019, amend filed 12/19/2019, effective 01/01/2020 DOE 7-2017, amend filed 12/20/2017, effective 12/20/2017 DOE 7-2013, f. & cert. ef. 12-23-13 DOE 15-2012, f. 12-27-12, cert. ef. 1-1-13 DOE 6-2007, f. 12-31-07, cert. ef. 1-2-08
330-135-0032 Woody Biomass Energy Technology Performance Requirements (1) The woody biomass energy technology must be used for space or water heating or as a combined heat and power system. (2) The woody biomass boiler must have a lower heating value combustion efficiency rating of at least 80 percent. (3) The woody biomass energy technology must be located in an area that complies with DEQ particulate matter air quality standards, or if located in an area that does not comply with DEQ particulate matter air quality standards, must use pelletized woody biomass fuel or produce particulate matter at the same level as a system that uses pelletized woody biomass for fuel. (4) Woody biomass energy technology located in any area that exceeds the federal particulate matter (PM) standards, or has been designated as not meeting the federal standards at the time DEQ receives a notice to construct application for the woody biomass technology, must use pelletized woody biomass fuel or a fuel that produces particulate matter at the same level as a system that uses pelletized woody biomass for fuel. Statutory/Other Authority: ORS 469.040 & ORS 279C.528 Statutes/Other Implemented: ORS 279C.527 & ORS 279C.528 History: DOE 2-2019, adopt filed 12/19/2019, effective 01/01/2020
330-135-0036 Eligible Energy Use Efficiency Costs For energy use efficiency improvements, eligible costs include only those incremental costs that are directly associated with achievement of the energy use efficiency performance requirements in section 330-135-0031 . Only the additional costs of energy use efficiency improvements compared to the cost of baseline equipment or baseline building performance shall be eligible. The contracting agency shall determine the appropriate incremental costs and submit information to ODOE as requested to document and demonstrate the incremental cost. Eligible costs may include but are not limited to the incremental costs of equipment such as light fixtures, heating, ventilating, and air conditioning equipment, envelope materials and assemblies, controls systems, connected building management systems, labor, and system commissioning. Any incentives received for energy use efficiency improvements do not reduce or impact the amount of expenditure on energy use efficiency for the purposes of determining compliance with the requirements or ORS 279C.527, 279C.528, and these rules. Statutory/Other Authority: ORS 469.040, ORS 297C.528 & OL 2019, Ch. 160 (HB 2496) Statutes/Other Implemented: ORS 297C.528, ORS 297C.527 & OL 2019, Ch. 160 (HB 2496) History: DOE 2-2019, amend filed 12/19/2019, effective 01/01/2020 DOE 7-2017, adopt filed 12/20/2017, effective 12/20/2017
330-135-0037 Eligible Woody Biomass Energy Technology Costs (1) For space or water heating, eligible costs include the cost of the boiler, associated piping, boiler controls, fuel storage bins, fuel delivery system from the storage tank, piping, heat exchangers, de-ashing equipment, pumps, metering, controls, labor, and commissioning. Costs for heat distribution systems, such as ductwork or radiant floors, or costs for backup systems that use conventional energy sources, do not qualify. (2) For combined heat and power systems, eligible costs include the costs listed in (1) above and costs for power generation equipment. Statutory/Other Authority: ORS 469.040 & ORS 279C.528 Statutes/Other Implemented: ORS 279C.527 & ORS 279C.528 History: DOE 2-2019, adopt filed 12/19/2019, effective 01/01/2020
330-135-0040 Alternative Financing (1) Alternative financing arrangements to allow leveraging of federal, state, utility and other incentives, including but not limited to, lease-purchase agreements, power purchase agreements or energy savings performance contracts qualify under this program if the contracting agency documents that the costs of the green energy system meets or exceeds 1.5 percent of the total contract price. (2) The minimum term of the agreement between the owner of the green energy system and the contracting agency must be at least ten years, unless ownership of the green energy system reverts to the contracting agency before that time. (3) The agreement between the owner of the green energy system and the contracting agency must be exclusive to the green energy system required under the provisions of ORS 279C.527 through 279C.528 and Oregon Laws 2019, chapter 160. It may not include terms relating to operation and maintenance or capital equipment purchase of any other equipment or services. For power purchase agreements and energy savings performance contracts, the output of the green energy system must be separately metered. Statutory/Other Authority: ORS 469.040 & ORS 297C.528 Statutes/Other Implemented: ORS 297C.528, ORS 279C.527 & OL 2019, Ch. 160 (HB 2496) History: DOE 2-2019, amend filed 12/19/2019, effective 01/01/2020 DOE 7-2013, f. & cert. ef. 12-23-13 DOE 15-2012, f. 12-27-12, cert. ef. 1-1-13 DOE 6-2007, f. 12-31-07, cert. ef. 1-2-08
330-135-0050 Requirements for Construction that is Away from the Site of the Public Building (1) If a contracting agency intends to install green energy technology, energy use efficiency or woody biomass energy technology away from the site of the public building, the contracting agency must: (a) Request from the department, in accordance with OAR 330-135-0052, a technical review of its determination that an away-from-the-site installation is appropriate. (b) Comply with the requirements of ORS 279C.527(3)(a) and (b), as amended by Oregon Laws 2019 chapter 160 (HB 2496). (2) Installation of green energy technology, energy use efficiency, or woody biomass energy technology away from the site of the public building must meet the same performance requirement as on-site installation as specified in OAR 330-135-0030, OAR 330-135-0031, and OAR 330-135-0032. Installation of energy use efficiency improvements away from the site of the public building shall represent additional, new performance improvements that have not already been funded. (3) Consolidation of green energy technology of one or more public buildings that are part of the same project into one public building and in compliance with ORS 279C(7) as amended by Oregon Laws 2019 chapter 160 (HB 2496) is not considered to be construction away from the site of the public building for the purposes of requiring a technical review by the department under this section. Statutory/Other Authority: ORS 469.040, ORS 297C.528 & OL 2019, Ch. 160 (HB 2496) Statutes/Other Implemented: ORS 297C.528, ORS 279C.527 & OL 2019, Ch. 160 (HB 2496) History: DOE 2-2019, amend filed 12/19/2019, effective 01/01/2020 DOE 7-2017, amend filed 12/20/2017, effective 12/20/2017 DOE 7-2013, f. & cert. ef. 12-23-13 DOE 15-2012, f. 12-27-12, cert. ef. 1-1-13 DOE 6-2007, f. 12-31-07, cert. ef. 1-2-08
330-135-0051 Requirements for Deferral of Expenditures (1) If a contracting agency determines, in accordance with OAR 330-135-0045, that it is not appropriate to install green energy technology, energy use efficiency, or woody biomass energy technology at the public building site or green energy technology, energy use efficiency, or woody biomass energy technology away from the public building site, the contracting agency must: (a) Defer the expenditure of 1.5 percent of the total contract price of the current public building project to a future public building project for which green energy technology or an eligible alternative is appropriate; (b) Request from the department a technical review of its determination in accordance with OAR 330-135-0052; and (c) Report, in accordance with OAR 330-135-0055, information about the deferred expenditure and the future project to which the deferred expenditure will be applied, if known. (2) If the contracting agency defers the expenditure, the amount spent on green energy technology, energy use efficiency, or woody biomass energy technology in the next building project must include the deferred expenditure from the current building project plus the 1.5 percent of total contract price for including green energy technology, energy use efficiency, or woody biomass energy technology in the future building project, if required. (3) Any amount spent on green energy technology, energy use efficiency or woody biomass energy technology in excess of 1.5 percent of the total contract price may not be credited to other current or future projects. (4) Public improvement contracts for which state funds are not directly or indirectly used are not required to defer funds, however the contracting agency must comply with (1)(b) of this section. Statutory/Other Authority: ORS 469.040, ORS 279C.528 & OL 2019, Ch. 160 (HB 2496) Statutes/Other Implemented: ORS 279C.527, ORS 279C.528 & OL 2019, Ch. 160 (HB 2496) History: DOE 2-2019, adopt filed 12/19/2019, effective 01/01/2020
330-135-0060 Outreach to Public Bodies The department will conduct outreach to public bodies at least once per year to help inform them of the requirement in ORS 279C.527 through 279C.528 and Oregon Laws 2019 chapter 160 (HB 2496) to spend at least 1.5 percent of the total contract price for eligible public buildings on green energy technology or on an eligible alternative to green energy technology. Statutory/Other Authority: ORS 469.040 & ORS 297C.528 Statutes/Other Implemented: ORS 297C.528, ORS 279C.527 & OL 2019, Ch. 160 (HB 2496) History: DOE 2-2019, amend filed 12/19/2019, effective 01/01/2020 DOE 7-2017, amend filed 12/20/2017, effective 12/20/2017 DOE 7-2013, f. & cert. ef. 12-23-13
330-140-0010 Scope and Applicability of These Rules (1) The rules contained in this division include the criteria and procedures by which a large retail electricity consumer with a site located within the State of Oregon, using more than one average megawatt the prior year (8,760,000 kilowatt hours/year), may become a self-directing consumer of: (a) up to 75 percent of the renewable energy resources portion of its public purpose charges as allocated under ORS 757.612(3)(b)(B), or (b) up to 100 percent of the amount charged in rates to plan for and pursue cost-effective energy efficiency resources pursuant to ORS 757.054(4), subject to the limits under Oregon Laws 2021, chapter 547, section 2, subsection (5)(a). (2) The rules contained in this division apply to large retail electricity consumers of electric companies and electricity service suppliers, except that these rules do not apply to retail electricity consumers of an electric company serving less than 25,000 consumers in this state unless the electric company offers direct access to any of its large retail electricity consumers in this state or offers to sell electricity services available under direct access to more than one large retail electricity consumer of another electric utility. (3) The rules contained in this division relating to the self-direction of public purpose charges apply to large retail electricity consumers of consumer-owned utilities and electricity service suppliers, once the consumer-owned utility governing board has elected to allow open access to a class of customers for which that electricity consumer is a member. These rules only apply to the first 1.5 percent of public purpose charges imposed upon retail electricity consumers by a consumer-owned utility. (4) Large retail electricity consumers eligible to become self-directing consumers shall not claim a credit against public purpose charges owed for new renewable energy resource or distribution system-connected technology purchases, nor shall those customers claim a credit for purchases of cost-effective energy efficiency resources against the amount charged in rates pursuant to ORS 757.054(4), until they are issued certificates for qualifying expenditures under these rules. (5) All information submitted to or collected by the Oregon Department of Energy or its agent under these rules shall be protected as business trade secrets to the extent permitted under the Public Records Act. Statutory/Other Authority: ORS 469.040, ORS 756.040, ORS 757.600 - 757.687, Oregon Laws 2021, chapter 547 (House Bill 3141) & ORS 757.054 Statutes/Other Implemented: ORS 756.040, ORS 757.600 - 757.687, Oregon Laws 2021, chapter 547 (House Bill 3141) & ORS 757.054 History: DOE 3-2021, amend filed 12/13/2021, effective 01/01/2022 DOE 1-2019, amend filed 01/11/2019, effective 07/01/2019 DOE 6-2004, f. 10-14-04, cert. ef. 12-1-04 DOE 3-2001, f. 10-25-01, cert. ef. 10-29-01
330-140-0040 Pre-certification of New Cost-effective Energy Efficiency Projects (1) Only a large electricity consumer approved as an eligible self-direct program participant by the Oregon Department of Energy is eligible to submit an application for pre-certification of a cost-effective energy efficiency project. (2) Large electricity consumers shall apply directly to the Oregon Department of Energy for pre-certification of new cost-effective energy efficiency project investments that have a simple payback of greater than one year and less than ten years on a form supplied by the Oregon Department of Energy. (a) Information submitted on the form shall include but not be limited to: the name of the large electricity consumer; a description of the site; a description of the cost-effective energy efficiency project; detail of the costs of the cost-effective energy efficiency project; estimated electricity savings from the project; and calculations that support or demonstrate the electricity savings and simple payback of the project. (b) On the application, the applicant shall: answer a "Yes/No" question whether the site’s prior year electricity usage is greater than one average megawatt; include site electric usage in kWh from the prior year; and attach supporting documentation in the form of a spreadsheet or equivalent from the utility showing the monthly usage amounts, for all meters associated with that site, that sum to the prior year usage. Sites that do not have greater than one average megawatt prior year usage are not eligible to self-direct the amount charged in rates pursuant to ORS 757.054(4). (3) The Oregon Department of Energy shall determine the eligible costs for the cost-effective energy efficiency project. (4) Pre-certification of the cost eligible for credit and a description of the cost-effective energy efficiency project shall be approved or denied in writing by the Oregon Department of Energy within 30 days of the receipt of a complete application. Statutory/Other Authority: ORS 469.040, ORS 756.040, ORS 757.600 - 757.687, ORS 757.054 & Oregon Laws 2021, chapter 547 (House Bill 3141) Statutes/Other Implemented: ORS 756.040, ORS 757.600 - 757.687, ORS 757.054 & Oregon Laws 2021, chapter 547 (House Bill 3141) History: DOE 3-2021, amend filed 12/13/2021, effective 01/01/2022 DOE 1-2019, amend filed 01/11/2019, effective 07/01/2019 DOE 6-2004, f. 10-14-04, cert. ef. 12-1-04 DOE 3-2001, f. 10-25-01, cert. ef. 10-29-01