justicedao/ipfs_state_laws huggingface dataset:
813-205-0000 Purpose and Objectives The purpose of OAR chapter 813, division 205 of the administrative rules is to implement the Low Income Weatherization Assistance Program (LIWAP). Funding for LIWAP comes from the U.S. Department of Energy (USDOE), Low Income Home Energy Assistance Program (LIHEAP), Bonneville Power Administration (BPA), and the Energy Conservation Helping Oregonians (ECHO). The USDOE funding is established in 10 CFR 440, and the LIHEAP and BPA funding generally follow those federal regulations. The ECHO funding is established in ORS 757.612. Oregon Housing and Community Services (OHCS) is designated as the state agency responsible for administering state and federal antipoverty programs in Oregon. The purpose of LIWAP, which is one such program, is to assist low-income households with their home energy needs through weatherization. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505, ORS 757.612 & 10 CFR 440 History: OHCS 38-2019, amend filed 12/18/2019, effective 12/18/2019 OHCS 5-2019, amend filed 06/24/2019, effective 07/01/2019 OHCS 20-2018, amend filed 12/21/2018, effective 12/21/2018 OHCS 9-2018, amend filed 06/05/2018, effective 06/05/2018 OHCS 2-2018, temporary amend filed 02/07/2018, effective 02/07/2018 through 08/05/2018 OHCS 20-2013, f. & cert. ef. 12-18-13 OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13 OHCS 6-2007, f. & cert. ef. 1-11-07 OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07 OHCS 19-2002, f. & cert. ef. 12-13-02 OHCS 9-2002(Temp), f. & cert. ef. 6-19-02 thru 12-15-02
813-205-0007 Manuals (1) The U.S. Department of Energy State Plan of Oregon (USDOE State Plan) with the requirements and standards therein, dated July 1, 2025, is incorporated into and adopted as part of this division of administrative rules, by reference. The USDOE State Plan may be accessed online at the OHCS website. (2) The U.S. Department of Energy's Bipartisan Infrastructure Bill State Plan of Oregon (USDOE BIL State Plan) with the requirements and standards therein, dated July 1, 2022, is incorporated into and adopted as part of this division of administrative rules, by reference. the USDOE BIL State Plan may be accessed online at the OHCS website. (3) The Energy Conservation Helping Oregonians Weatherization Guidelines (ECHO Guidelines) with the requirements and standards therein, effective July 1, 2012 and amended July 1, 2022, is incorporated into and adopted as part of this division of administrative rules, by reference. the ECHO Guidelines may be accessed online at the OHCS website. (4) OHCS will encourage efforts consistent with or exceeding the greenhouse gas (GHG) reduction goals set forth in ORS 468A.205(1)(c). [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 10 CFR 440, ORS 458.505, 757.612, 468A.205(1)(c) & 2 CFR 200 History: OHCS 29-2025, amend filed 07/07/2025, effective 07/07/2025 OHCS 22-2024, amend filed 06/18/2024, effective 07/01/2024 OHCS 15-2023, amend filed 06/29/2023, effective 07/01/2023 OHCS 10-2023, temporary amend filed 04/27/2023, effective 04/27/2023 through 10/23/2023 OHCS 22-2022, amend filed 08/31/2022, effective 08/31/2022 OHCS 15-2022, temporary amend filed 06/29/2022, effective 07/01/2022 through 08/27/2022 OHCS 6-2022, temporary amend filed 03/03/2022, effective 03/03/2022 through 08/27/2022 OHCS 3-2022, temporary amend filed 02/18/2022, effective 03/01/2022 through 08/27/2022 OHCS 7-2021, amend filed 06/30/2021, effective 07/01/2021 OHCS 13-2020, adopt filed 06/30/2020, effective 07/01/2020
813-205-0011 Administration (1) OHCS may contract with subgrantees to provide eligible LIWAP services (see OAR 813-205-0040) in service areas in such manner to provide holistic coverage statewide without duplication or overlap of services. In a service area where a Community Action Agency (CAA) exists, the CAA has the conditional right of first refusal to serve as the subgrantee for the given service area. (2) OHCS will allocate LIWAP funds to all subgrantees through a formula established by OHCS prior to the allocation process. OHCS reserves the right to modify such formula at any time in its sole discretion. (3) A subgrantee may establish subrecipients that meet the requirements of ORS 458.505(4) to provide eligible program services in the subgrantee’s service area. (4) Subgrantees shall, at a minimum, identify potential eligible households, collect and screen applications, verify household eligibility, and provide weatherization to eligible households. Whenever appropriate, subgrantees may assist eligible households in accessing other services designed to stabilize housing. (5) Subgrantee representatives must attend and participate in LIWAP-related training made available or conducted by OHCS. (6) A designated portion of LIWAP funds are reserved for subgrantees and their subrecipients to use for administrative costs. Subgrantees and their subrecipients may expend up to a determined amount as authorized by OHCS and outlined in the funding agreement. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505, ORS 757.612 & 10 CFR 440 History: OHCS 38-2019, adopt filed 12/18/2019, effective 12/18/2019
813-205-0035 Application for Funding; Funding Agreement (1) Prior to providing any LIWAP services using OHCS funding, subgrantees must submit biennially an application for funding to OHCS. A funding agreement must be approved by OHCS in writing before being operative. (2) Applications for funding must meet all requirements of form and content as established by OHCS. At a minimum, an application must include a subgrantee’s proposed activities for eligible households, anticipated expenditures, and any other information as OHCS may require specific to LIWAP funding. Subgrantees must adhere to OHCS requirements and deadlines for submitting an application. An application is subject to approval, with or without modifications, or disapproval by OHCS. (3) In cases where a Community Action Agency (CAA) has the conditional right of first refusal for antipoverty program administration, and the CAA cannot meet the requirements listed in subsection (2) above, OHCS, in its sole discretion, may allow other eligible organizations to submit an application for funding with respect to that service area. (4) OHCS will evaluate all applications for funding for LIWAP sufficiency requirements. Sufficiency is based on the quantity, thoroughness and quality of performance that is satisfactory to OHCS. This includes, but is not limited to, providing relevant information necessary for OHCS to assess the subgrantee’s compliance with all LIWAP requirements and any other standards, goals, and requirements established by OHCS. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505, ORS 757.612 & 10 CFR 440 History: OHCS 38-2019, amend filed 12/18/2019, effective 12/18/2019 OHCS 25-2019, renumbered from 813-205-0020, filed 07/26/2019, effective 07/26/2019 OHCS 5-2019, amend filed 06/24/2019, effective 07/01/2019 OHCS 20-2018, amend filed 12/21/2018, effective 12/21/2018 OHCS 20-2013, f. & cert. ef. 12-18-13 OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13 OHCS 6-2007, f. & cert. ef. 1-11-07 OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07 OHCS 19-2002, f. & cert. ef. 12-13-02 OHCS 9-2002(Temp), f. & cert. ef. 6-19-02 thru 12-15-02
813-205-0060 Dwelling Owner Authorization of Weatherization Projects (1) A subgrantee may not provide LIWAP services unless the owner of a dwelling unit first gives written permission to the subgrantee. The permission must include the following information: (a) The street address of the dwelling; (b) The name of the owner of the dwelling and of the eligible tenant that is renting the dwelling, if applicable; and (c) A description of the specific work to be done. (2) Prior to a subgrantee providing LIWAP services to a dwelling unit that is a rental, the subgrantee must: (a) First obtained the written permission of the owner of the dwelling unit(s); and (b) Establish procedures and obtain the approval of OHCS thereof, to ensure that: (A) The dwelling is not currently for sale by the owner or is designated for acquisition, clearance or foreclosure under a federal, state or local program; (B) The benefits of LIWAP services accrue primarily to the low-income household renting the unit; (C) The owner of the dwelling will not raise the rent as a result of LIWAP services; (D) No undue or excessive increase in the value of the dwelling unit will occur as a result of LIWAP services; and (E) LIWAP services will not be provided for a dwelling for which the tenant pays the cost of energy as part of their rent, unless the owner agrees to reduce rent to account for the reduction in fuel costs associated with the weatherization, that long term rent affordability is assured, or unless the investment of the energy savings in facilities or services offer measurable direct benefits to tenants. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505, ORS 757.612 & 10 CFR 440 History: OHCS 38-2019, amend filed 12/18/2019, effective 12/18/2019 OHCS 20-2018, amend filed 12/21/2018, effective 12/21/2018 OHCS 20-2013, f. & cert. ef. 12-18-13 OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13 OHCS 6-2007, f. & cert. ef. 1-11-07 OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07 OHCS 9-2002(Temp), f. & cert. ef. 6-19-02 thru 12-15-02
813-205-0080 Monitoring (1) An agency's annual audit is subject to monitoring by the department to verify accuracy of information received in the quarterly reports and so that questions raised by the department, the agency or the auditor may be answered. (2) An agency’s quarterly reports and program data entered into the statewide database as specified by the department are subject to monitoring by the department so that the department may determine the agency’s compliance with program requirements, monitor spending patterns and chart changes in the program. An agency is subject to an on-site review by the department if the department determines that irregularities or questions raised by the department’s in-house review are sufficient to warrant the onsite review. (3) An agency and the owner of any dwelling unit approved for program assistance is subject to such monitoring and on-site reviews by the department as it may require. The department may examine matters including, but not limited to the following in its off-site and on-site reviews and auditing functions: (a) Financial records; (b) The inventory system; (c) Client files; (d) Work completed; (e) Agency post-installation inspection; (f) Agency review; and (g) Records of training and technical assistance provided by the agency. (4) An agency also is subject to evaluations by the department of the agency’s performance under the program, including but not limited to the level of service provided, ease of access to applicants, error rate and compatibility with other community service programs. These evaluation functions may be performed separately or in conjunction with other auditing and review functions by the department. (5) An agency shall cooperate fully with all department audit, review and evaluation requests and activities. (6) An agency and the owner of a project receiving program assistance shall retain related financial records, supporting documents and all other pertinent records for six years after the receipt of assistance or after any litigation or audit claim is resolved, whichever is later. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505 & ORS 757.612 History: OHCS 20-2018, amend filed 12/21/2018, effective 12/21/2018 OHCS 20-2013, f. & cert. ef. 12-18-13 OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13 OHCS 6-2007, f. & cert. ef. 1-11-07 OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07 OHCS 9-2002(Temp), f. & cert. ef. 6-19-02 thru 12-15-02
813-206-0000 Program Administration, Authority OAR 813-206-0000 through 813-206-0070 address protocols, standards, and requirements with respect to the Multifamily Energy Program (the "Program"), the purpose of which is to address energy efficiency needs of low-income households in multifamily housing. Additional policies and instructions for this program are outlined in the Multifamily Energy Program Manual dated effective January 1, 2025, incorporated herein by this reference (“Manual”). Other applicable policies, standards, and requirements are contained in the department’s descriptive and procedural rules found in Division 1, in the department’s general rules found in Division 5, and in the department’s general procedures for public contracts and procurements found in Division 6. The department allocates funds for this program to eligible affordable multifamily rental housing developments (“Projects”) through developers and owners of such projects. Program funds are made available to the department from SB 1149 Electricity Public Purpose Charge account established in ORS 757.612(3)(b)(C) for this and other purposes under ORS 757.612(3)(b)(C). [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505 & 757.612 History: OHCS 27-2025, amend filed 06/23/2025, effective 06/24/2025 OHCS 52-2024, temporary amend filed 12/17/2024, effective 01/01/2025 through 06/29/2025 OHCS 16-2023, amend filed 07/14/2023, effective 07/14/2023 OHCS 4-2020, temporary amend filed 03/19/2020, effective 03/19/2020 through 09/14/2020 OHCS 27-2019, amend filed 08/29/2019, effective 09/03/2019 OHCS 19-2018, minor correction filed 10/26/2018, effective 10/26/2018 OHCS 17-2018, renumbered from 813-205-0085, filed 10/25/2018, effective 10/25/2018 OHCS 9-2018, amend filed 06/05/2018, effective 06/05/2018 OHCS 2-2018, temporary amend filed 02/07/2018, effective 02/07/2018 through 08/05/2018 OHCS 20-2013, f. & cert. ef. 12-18-13 OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13 OHCS 6-2007, f. & cert. ef. 1-11-07 OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
813-206-0020 Eligible Applicants (1) Any of the following (an "Applicant") may apply to the department for funding of a qualifying project under the Multifamily Energy Program in the role of a developer or owner of the project: (a) A for-profit business, (b) A local government entity including, but not limited to, a city, county or housing authority; (c) A not-for-profit organization, including but not limited to, a not-for-profit community organization, a regional or statewide not-for-profit entity, a private individual, or a not-for-profit corporation; or (d) Any other entity specifically identified by the department as an eligible applicant in an application or award process with respect to program funds. (2) Applications may be submitted on such terms and at such times as the department may from time to time establish. The department also may choose to award program funds to assist projects on its own initiative. (3) Prior to receiving program funds, an applicant or any other awardee of program funds must satisfy all conditions precedent to such receipt established by the department including, but not limited to, entering into a financing assistance agreement and other program documents (collectively, “Program Documents”) required by and satisfactory to the department in its sole discretion, including (and without limitation) documents to ensure compliance with program requirements, including the recording of applicable program documents in the official records of the relevant counties so as to create restrictive covenants running with the real property of the project to further ensure continuing compliance with, inter alia, all habitability, maintenance, repair, and affordability requirements of the program funding. (4) Any program funding also is contingent upon timely and continuing compliance by applicants and project owners, as determined by the department to its satisfaction, with all applicable program requirements, including but not limited to applicable department administrative rules (including the manual), orders (including corrective notices), relevant procurement and other application standards, program documents, as well as other applicable federal, state, and local laws, codes, rules, ordinances, regulations and orders (all of the foregoing, including as amended from time to time, the “Program Requirements”). Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505 & ORS 757.612 History: OHCS 17-2018, renumbered from 813-205-0100, filed 10/25/2018, effective 10/25/2018 OHCS 9-2018, amend filed 06/05/2018, effective 06/05/2018 OHCS 2-2018, temporary amend filed 02/07/2018, effective 02/07/2018 through 08/05/2018 OHCS 20-2013, f. & cert. ef. 12-18-13 OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13 OHCS 6-2007, f. & cert. ef. 1-11-07 OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
813-206-0040 Eligible Activities (1) Under the Multifamily Energy Program, an eligible applicant may provide services and applications including, but not limited to one or more of the following: a general weatherization measure that includes, but is not limited to, general heat waste, insulation replacement or installation, health and safety improvements, baseload measures, alternative energy applications, and various energy efficient technology. (2) To be eligible under this section, an activity must demonstrate measurable cost-effective energy conservation to the department’s satisfaction. An energy-efficient application for the program must show first year savings based, as applicable in the department’s determination, on a pre-determined number of kilowatts, therms or other units of power measurements for each conservation dollar invested Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505 & ORS 757.612 History: OHCS 17-2018, renumbered from 813-205-0120, filed 10/25/2018, effective 10/25/2018 OHCS 9-2018, amend filed 06/05/2018, effective 06/05/2018 OHCS 2-2018, temporary amend filed 02/07/2018, effective 02/07/2018 through 08/05/2018 OHCS 20-2013, f. & cert. ef. 12-18-13 OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13 OHCS 6-2007, f. & cert. ef. 1-11-07 OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
813-206-0050 Fund Uses (1) The department may disburse funds under the Multifamily Energy Program in the form of grants, loans, or other means, and upon such terms and conditions that, consistent with law, it determines to be necessary or appropriate in its sole discretion. Applicants and others, including project owners, must execute funding and related program documents as are required by and satisfactory to the department in its sole discretion. Any documents required by the department to be recorded, shall be so recorded at the expense of the applicant or other applicable party. The reservation of an award of Multifamily Energy Program funds by the department is contingent on timely satisfying to the department’s satisfaction all applicable program requirements, including but not limited to applicable department administrative rules (including the manual), orders, procurement standards, program documents, as well as other applicable federal, state, and local laws, codes, rules, ordinances, regulations and orders (all of the foregoing, including as amended from time to time, the “Program Requirements”). (2) All program funding awards under subsection (1) are subject to the availability of program funds, the department having continued funding, appropriation, limitation, allotment, or other expenditure authority sufficient to allow it, in the exercise of its reasonable administrative discretion, to disburse or obligate such funds, the execution of financing assistance agreements or other program documents (collectively, “Program Documents”) required by and satisfactory to the department in its sole discretion, and as applicable, approval by the Housing Stability Council pursuant to ORS 456.561. (3) OHCS will prioritize available program funding in the following manner: (a) First priority will go to successful applicants in department NOFA processes. (b) Second priority will go to department bond program applicants. Related funding awards will require 10 years affordability and, depending upon the combination of funds involved, limit qualified tenants to not more than 50% or 60% AMI. (c) Third priority will go to unsuccessful NOFA applicants. (d) Final priority will go to program applicants that do not fall into subsections (3)(a)-(c) above. (4) Program funding awards are subject, inter alia, to 10-year project affordability in conformance with program requirements. (5) Notwithstanding the foregoing, the department reserves the right to award an amount of program funds through a pilot program for projects qualifying thereunder on a first-come, first-served basis or otherwise. Statutory/Other Authority: ORS 456.515 - 456.725 & ORS 458.505 - 458.545 Statutes/Other Implemented: ORS 458.505 - 458.515 History: OHCS 17-2018, renumbered from 813-205-0130, filed 10/25/2018, effective 10/25/2018 OHCS 9-2018, amend filed 06/05/2018, effective 06/05/2018 OHCS 2-2018, temporary amend filed 02/07/2018, effective 02/07/2018 through 08/05/2018 OHCS 20-2013, f. & cert. ef. 12-18-13 OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13 OHCS 6-2007, f. & cert. ef. 1-11-07 OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07
813-206-0060 General Administrative and Monitoring Requirements (1) An applicant or owner of a project approved for Multifamily Energy Program funding shall timely submit to the department such information as the department may require for the purpose, inter alia, of compliance monitoring by same. (2) An applicant or owner of a project approved for program funding is subject to such reviews and field inspections as the department determines to be necessary or appropriate including, but not limited to, ensuring the applicant’s and project owner’s compliance with program requirements. The applicant and project owner shall cooperate fully with all reviews and field inspections, timely comply with any resulting correction directives, and make all records available for inspection and copying. (3) A recipient of program funding, whether directly or indirectly, any owner of a program-funded project, and any property management agent for the project shall retain related financial and operational records, supporting documents, and all other relevant records for six years after the termination of the affordability period or for two years after any litigation or claim with respect to the project or program funding is resolved, whichever is later. (4) The department may take such actions, exercise such remedies, require the execution of program documents or such other documents, and require such information from applicants and others, including project owners, as it determines to be necessary or appropriate. The expression of these rights and remedies is not exclusive of other rights and remedies that may be available to the department. Any waiver of a department right or remedy must be in a writing signed by an authorized person and shall be limited to the express terms of such waiver, which waiver may be revoked by the department at its sole discretion. No waiver shall be construed as continuing unless expressly so stated in the signed writing from the department. Statutory/Other Authority: ORS 456.515 - 456.725 & ORS 458.505 - 458.545 Statutes/Other Implemented: ORS 458.505 - 458.515 History: OHCS 17-2018, renumbered from 813-205-0145, filed 10/25/2018, effective 10/25/2018 OHCS 9-2018, amend filed 06/05/2018, effective 06/05/2018 OHCS 2-2018, temporary amend filed 02/07/2018, effective 02/07/2018 through 08/05/2018 OHCS 20-2013, f. & cert. ef. 12-18-13 OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13