justicedao/ipfs_state_laws huggingface dataset:
330-270-0010 Definitions (1) “Department” means the Oregon Department of Energy. (2) “Electric utility” has the meaning given that term in ORS 757.600. (3) “Eligible entity” has the definition given in Section 14(1) of Chapter 86, Oregon Laws 2022, and means a: (a) Local government as defined in ORS 174.116; (b) Local housing authority; (c) Nonprofit organization; (d) Federally recognized Indian tribe in Oregon; (e) Coordinated care organization as defined in ORS 414.025; (f) Community action agency as described in ORS 458.505; (g) Manufactured dwelling park nonprofit cooperative as defined in ORS 62.803; or (h) An electric utility. (4) “Energy burden” has the definition given in Section 14(1) of Chapter 86, Oregon Laws 2022, and means the percentage of gross household income spent on energy costs. (5) “Environmental justice communities” has the meaning given that term in ORS 469A.400. (6) “Heat pump” means an air-source or ground-source heat pump with an energy efficiency rating established under OAR 330-270-0040(6) or a higher efficiency rating. (7) “Region” has the definition given in Section 14(1) of Chapter 86, Oregon Laws 2022, and means an economic development district in Oregon, designated by the Economic Development Administration of the United States Department of Commerce, for which a regional solutions center has been established under ORS 284.754. Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) History: DOE 1-2023, adopt filed 02/13/2023, effective 02/13/2023
330-270-0020 Administration (1) The Department may contract with one eligible entity for each region and one eligible entity for each federally recognized Indian tribe in Oregon. If awarded a grant for a region with approved alternative boundaries, an eligible entity may receive grant funding for each region within the alternative boundary. An eligible entity may receive grant funding for more than one federally recognized Indian tribe in Oregon or a combination of a region and one or more federally recognized Indian tribes in Oregon. (2) The contracts shall be to provide financial assistance for the purchase and installation of heat pumps and related upgrades to individuals who reside within that region or who are members of that tribe. (3) An eligible entity may partner with other eligible entities, but the entity awarded a grant shall take a lead role in administering the grant funds and providing financial assistance. (4) A partner entity may assist the entity awarded a grant by providing, or assisting in the provision of, financial assistance. (5) The department shall allocate grant funds to grantees based upon the following criteria: (a) 30 percent of the available grant funding shall be divided equally between, and then allocated to, each region and federally recognized Indian tribe in Oregon ; (b) 30 percent of the available grant funding shall be allocated to the regions based upon the mean average heating zone of the counties in a region multiplied by the number of households that spend greater than six percent of their income on home energy costs and as a result are considered energy burdened; (c) 40 percent of the available grant funding shall be allocated to the regions based upon the mean average cooling zone of the counties in a region multiplied by the number of households that spend greater than six percent of their income on home energy costs and as a result are considered energy burdened; (d) Allocations to eligible entities selected for each federally recognized Indian tribe in Oregon will consist of the allocation of available grant funding under subsection (a) of this section of the rule, plus a proportion of the funding to the regions within a tribe’s service area under subsections (b) and (c). This proportion shall be based upon the proportion of occupied housing units in a tribe compared to the total number of occupied households in the regions in the service area of the tribe. (6) Grantees shall, at a minimum, collect and process applications, verify project eligibility, and use grant funds to provide financial assistance to cover eligible purchase, installation, and upgrade costs. Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) History: DOE 4-2024, amend filed 08/05/2024, effective 08/06/2024 DOE 1-2023, adopt filed 02/13/2023, effective 02/13/2023
330-270-0030 Entity Eligibility (1) To be eligible to receive a grant, an eligible entity must establish in its application to the Department that it: (a) Serves or represents: (A) At least one environmental justice community within a region; or (B) Members of a federally recognized Indian tribe in Oregon; and (b) Has the capacity to administer grant funds for the program. (2) Where an eligible entity serves or represents a community that is located within more than one region, that eligible entity may only apply for a grant for the region within which the greatest percentage of individuals of the community the entity serves or represents reside. (3) An eligible entity may apply for a grant for one region or tribe and be a partner on an application by another eligible entity for another region or tribe. (4)(a) An eligible entity that serves a specific geographic area may propose, in consultation with any electric utility that serves the area, that the Department use alternative boundaries to define a region. (b) Alternative boundaries shall not result overlapping regional boundaries. (c) Alternative boundaries may not result in the division of a region. (d) The Department may approve the use of alternative boundaries if 51 percent or more of the eligible entity’s specific geographical area is within the proposed alternative boundaries. Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) History: DOE 4-2024, amend filed 08/05/2024, effective 08/06/2024 DOE 1-2023, adopt filed 02/13/2023, effective 02/13/2023
330-270-0060 Record keeping, reporting, and compliance monitoring (1) Grantees and their partners must maintain accurate financial records satisfactory to the Department, which document the receipt and disbursement of all Community Heat Pump Deployment Program funds. Grantees must have an accounting system in place satisfactory to the Department. (2) Grantees and their partners must maintain other Community Heat Pump Deployment Program records satisfactory to the Department. (3) To ensure proper compliance and monitoring of the Community Heat Pump Deployment Program, grantees and their partners must: (a) Provide the Department access to and permit copying of all electronic and hardcopy accounts, documents, audits, and records. (b) Cooperate fully in any inspections or other monitoring actions taken by the Department. (c) Retain and keep accessible all Community Heat Pump Deployment Program records and data as requested by the Department. (d) Conduct and keep records of their own inspection of heat pump installations as specified in the performance agreement. (4) The Department may conduct reviews, audits, inspections, and other compliance monitoring as it deems appropriate with respect to each grantee and its partners to verify compliance with the program requirements. Grantees and their partners must cooperate fully with the Department in its compliance monitoring activities. (5) Grantees must require by contract and monitor their partners’ compliance with all program requirements including, but not limited to, recordkeeping and retention of records. (6) Grantees and their partners shall notify the electric utility serving the home that a heat pump is being installed and state whether grant funds may be used for necessary electric distribution system upgrades associated with the installation of the heat pump. (7) Each grantee must provide a report to the Department for the period July 1 to June 30 for each year by a date specified in the performance agreement. The report shall not include the personal information of the recipients of financial assistance, but must include: (a) A detailed description of the grantee’s, and their partner’s, use of grant funds; (b) A list of each funding payment the grantee, and their partner(s), has provided, and in the case of loans, a full accounting of the repayment status; (c) The nature and amounts of the administrative expenses and marketing costs the grantee has incurred in providing payments under the program; (d) Any other information required by the Department. (8) In addition to the reporting requirements in (7), each grantee must provide reports during the year at a frequency determined by the Department and specified in the performance agreement. The required information may be different from those outlined in (7). Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) History: DOE 4-2024, amend filed 08/05/2024, effective 08/06/2024 DOE 1-2023, adopt filed 02/13/2023, effective 02/13/2023
330-270-0070 Performance of grantees, remedies (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 Community Heat Pump Deployment 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; (b) Must require the grantee to correct any deficiencies in a manner and time satisfactory to the Department. (3) A grantee must 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 repay a portion or all of the grant funds if the Director finds that there are grounds of 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 2022, Chapter 86 (Senate Bill 1536) Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) History: DOE 1-2023, adopt filed 02/13/2023, effective 02/13/2023
330-270-0080 Amendments to Performance Agreement (1) If a grantee wishes to amend a performance agreement entered into with the Department under OAR 330-270-0050, 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 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 Department 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. Decisions to approve amendment requests shall be based on whether the grantee meets the requirements in (3) and whether the Department determines that the proposed changes would not have affected the outcome of the competitive review. (b) If denied, the Department shall notify the grantee in writing. The notice will include the reasons for the denial of the amendment request. (6) If a grantee wishes to amend the boundary of the region that they have previously been awarded a grant for, by proposing an alternative boundary, they must comply with the following requirements: (a) If the proposed alternative boundary would include a new region, the grantee must submit a complete grant application during an open opportunity announcement for that region. If the grantee is subsequently awarded the grant for that region, the Department shall draft an amendment to the grantee’s performance agreement that includes the newly awarded funding amount and the newly awarded region in an alternative boundary. (b) If the proposed alternative boundary removes a region from within the boundary identified in the performance agreement, the grantee must repay to the Department all unspent funds that were allocated for the region that the grantee will no longer serve. (c) A grantee may not include a region already administered by another grantee in a proposed alternative boundary. Statutory/Other Authority: SB 1536 and SB 1525 History: DOE 4-2024, adopt filed 08/05/2024, effective 08/06/2024
330-280-0000 Purpose The purpose of these rules is to implement a heat pump rebate program established by Oregon Laws 2022, Chapter 86, Sections 19-23 (Senate Bill 1536). The rules provide procedures for: submitting reservation, rebate and grant requests, project and contractor eligibility, agency review of reservation, rebate, and grant requests, and agency audits and inspections to ensure compliance. Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) & ORS 469.040 Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) History: DOE 2-2023, adopt filed 04/17/2023, effective 04/18/2023
330-280-0010 Definitions (1) “Department” means the Oregon Department of Energy. (2) “Director” means the director of the Oregon Department of Energy. (3) “Heat pump” means an air-source or ground-source heat pump with an energy efficiency rating established under OAR 330-280-0040(1) or a higher efficiency rating. (4) “Purchase price” means the cost to purchase and install a heat pump, before considering incentives. Statutory/Other Authority: ORS 469.040 & Oregon Laws 2022, Chapter 86 (Senate Bill 1536) Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) History: DOE 2-2023, adopt filed 04/17/2023, effective 04/18/2023
330-280-0040 Heat Pump Technical Specification (1) A heat pump eligible to receive a rebate must meet or exceed the following requirements: (a) A split-system heat pump that has a Heating Seasonal Performance Factor of HSPF2 of 7.5 and a Seasonal Energy Efficiency Ratio of SEER2 14.3, or equivalent HSPF and SEER value. (b) A single-package heat pump that has an HSPF2 of 6.7 and a SEER 2 of 13.4, or equivalent HSPF and SEER value. (c) A closed loop water-to-air heat pump that has an EER of 17.1 and a COP of 3.6. (d) An open loop water-to-air heat pump that has an EER of 21.1 and a COP of 4.1. (e) A closed loop water-to-water heat pump that has an EER of 16.1 and a COP of 3.1. (f) An open loop water-to-water heat pump that has an EER of 20.1 and a COP of 3.5. (g) A direct geoexchange heat pump that has an EER of 16.0 and a COP of 3.6. (2) A heat pump eligible to receive additional funds as a higher efficiency heat pump must meet or exceed the following requirements: (a) A ductless split-system heat pump that has a Heating Seasonal Performance Factor of HSPF2 of 8.1 and a Seasonal Energy Efficiency Ratio of SEER2 16, or equivalent HSPF and SEER value. (b) A ductless single-package heat pump that has an HSPF2 of 8 and a SEER 2 of 16, or equivalent HSPF and SEER value. (c) A ducted air source heat pump, either packaged or split system that has an HSPF2 of 8.55 and a SEER2 of 16, or equivalent HSPF and SEER value . (d) A closed loop water-to-air heat pump that has an EER of 18 and a COP of 3.8. (e) An open loop water-to-air heat pump that has an EER of 22 and a COP of 4.3. (f) A closed loop water-to-water heat pump that has an EER of 17 and a COP of 3.3. (g) An open loop water-to-water heat pump that has an EER of 21 and a COP of 3.7. (h) A direct geoexchange heat pump that has an EER of 17 and a COP of 3.8. Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) & ORS 469.040 Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) History: DOE 2-2024, amend filed 04/30/2024, effective 05/01/2024 DOE 2-2023, adopt filed 04/17/2023, effective 04/18/2023
330-280-0050 Rebate amounts (1)(a) A rebate of up to $2,000 may be claimed per dwelling unit for the purchase and installation of a heat pump that: (A) Meets or exceeds the efficiency standards in OAR 330-280-0040(1); and (B) Is installed in a dwelling unit used as a residential tenancy. (b) An additional amount, up to $1,000, may be claimed as part of the rebate in OAR 330-280-0050(1)(a) if the heat pump meets or exceeds the higher efficiency standards in OAR 330-280-0040(2). (c) An additional amount, up to $2,000, may be claimed as part of the rebate in OAR 330-280-0050(1)(a) if the heat pump is installed in a dwelling unit used as a residential tenancy that meets low- or moderate-income eligibility requirements in OAR 330-280-0070. (d) The total rebate amount claimed under OAR 330-280-0050(1) may not exceed $5,000 or 60 percent of the purchase price of the heat pump unit installed, whichever is less. (2)(a) A rebate of up to $2,000 may be claimed per dwelling for the purchase and installation of a heat pump that: (A) Meets or exceeds the efficiency standards in OAR 330-280-0040(1); and (B) Is installed in a manufactured dwelling or recreational vehicle that is located in a rented space in a manufactured dwelling or recreational vehicle park. (b) An additional amount, up to $2,000, may be claimed as part of the rebate in OAR 330-280-0050(2)(a) if the heat pump meets or exceeds the higher efficiency standards in OAR 330-280-0040(2). (c) An additional amount, up to $3,000, may be claimed as part of the rebate in OAR 330-280-0050(2)(a) if the heat pump is installed in a manufactured dwelling or recreational vehicle that meets low- or moderate-income eligibility requirements in OAR 330-280-0070. (d) The total rebate amount claimed under OAR 330-280-0050(2) may not exceed $7,000 or 80 percent of the purchase price of the heat pump unit installed, whichever is less. (3) The department shall reduce the rebate amount, if the rebate combined with other incentives received for the purchase or installation of a heat pump exceeds 100 percent of the purchase price. Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) & ORS 469.040 Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) History: DOE 2-2023, adopt filed 04/17/2023, effective 04/18/2023
330-280-0060 Associated Upgrades (1) The following are the maximum amounts that may be claimed as a grant for upgrades to facilitate the installation of a heat pump in a dwelling unit used as a residential tenancy or a manufactured dwelling or recreational vehicle: (a) When the low- or moderate-income eligibility designation in OAR 330-280-0070 is not met: $2,000 up to 100% of the cost of eligible upgrades. (b) When the low- or moderate-income eligibility designation in OAR 330-280-0070 is met: $4,000 up to 100% of the cost of eligible upgrades. (2) The department shall reduce the grant amount if the grant combined with other incentives received for the upgrades exceeds 100 percent of the costs of the upgrade. Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) & ORS 469.040 Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) History: DOE 2-2023, adopt filed 04/17/2023, effective 04/18/2023
330-280-0090 Amendments (1) A contractor may make changes to the rebate reservation application after its submission and before claiming a rebate. (2) If a contractor changes the application, such that the customer is eligible for a larger rebate amount than the initial reservation application, the increase in rebate amount is subject to the availability of funds as of the date the amended application is reviewed for approval or denial by the Department. (3) At the end of the 180-day reservation period, the Department may grant one 180-day extension to each reservation upon request for any reason. (4) A grant application may be amended by the contractor after its submission and before claiming the grant. (5) If a grant application is changed such that the customer is eligible for a larger grant amount than the initial grant application, the increase in grant amount is subject to the availability of funds as of the date the amended application is reviewed for approval or denial by the Department. Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) & ORS 469.040 Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) History: DOE 2-2023, adopt filed 04/17/2023, effective 04/18/2023
330-280-0100 Rebate and Grant request (1) The eligible contractor seeking a rebate must supply the following information to the Department to convert a reservation into a rebate request: (a) Name of customer; (b) Address of installation of heat pump; (c) Specifications of the heat pump installed, as listed in the Department’s software system; (d) Heat pump installation completion date. The installation completion date is the date that the heat pump installation has passed its final inspection by the authority having jurisdiction; (e) The projected energy savings from the installation of the heat pump using resources and methods detailed in the application; (f) Proof of completion, including permits received from the authority having jurisdiction over permitting for the heat pump; (g) Documentation that the contractor, and any subcontractors who performed installation of the heat pump has any license, bond, insurance or permit required for the installation of the heat pump; (h) A statement signed by both the contractor and the customer for whom the heat pump is installed that the customer has received the full value of the rebate as a reduction in the net cost of the purchase or installation of the system and that the rebate was clearly reflected on an invoice provided to the customer; and, (i) Other information requested by Department. (2) The eligible contractor seeking a grant must supply the following information to the Department to claim a grant: (a) Name of customer; (b) Address of upgrades; (c) Description of the upgrades; (d) Upgrade completion date; (e) Proof of completion, including permits received from the authority having jurisdiction over permitting for the upgrade, if applicable; and, (f) A statement signed by both the contractor and the customer for whom the upgrades were completed that the customer has received the full value of the grant as a reduction in the net cost of the upgrades and that the grant was clearly reflected on an invoice provided to the customer. Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) & ORS 469.040 Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) History: DOE 2-2023, adopt filed 04/17/2023, effective 04/18/2023