justicedao/ipfs_state_laws huggingface dataset:
330-062-0010 Definitions As used in OAR 330-062-0010 through 330-062-0045: (1) “Conditioned Spaces” shall mean areas within a dwelling’s thermal envelope which are heated, cooled, or ventilated by the dwelling’s heating, ventilating and air conditioning (HVAC) equipment. (2) “Dwelling” shall mean real or personal property within the state inhabited as the principal residence of a dwelling owner or a tenant. “Dwelling” includes a mobile home as defined in ORS 446.003, a floating home as defined in 488.705 and a single unit in multiple-unit residential housing. “Dwelling” does not include a recreational vehicle as defined in 446.003. (3) “Economically Feasible” shall mean that the present value to the resident of the conventional energy saved by weatherization is not less than the installed cost of the measure. Present value is calculated using the value of the first year energy savings discounted at three percent (the difference between a five percent real discount rate and a two percent real escalation rate for fuel) over the useful life of the weatherization measure. (4) “Energy Audit” shall mean: (a) The calculation and analysis of the heat loss and energy use efficiency of a dwelling; and (b) An analysis of the energy savings and dollar savings potential that would result from providing weatherization in the dwelling; and (c) An estimate of the cost of the weatherization that includes: (A) Labor for the installation of items designed to improve the space heating and energy use efficiency of the dwelling; and (B) The items installed. (5) “Energy Conservation Standards” shall mean standards for the efficient use of energy for space and water heating in a dwelling. Energy conservation standards address weatherization of existing dwellings. (6) “Resident” shall mean the owner or tenant occupying a dwelling as their principal residence. (7) “Thermal Envelope” shall mean the elements of a dwelling which enclose conditioned spaces and through which heat may be transferred to or from the exterior of such a dwelling. (8) “Weatherization” shall mean measures which reduce a dwelling’s heat exchange with its external environment. Weatherization measures are those measures in OAR 330-062-0025. Statutory/Other Authority: ORS 407, 469 & 470 Statutes/Other Implemented: ORS 469 History: DOE 9-1982, f. & ef. 7-1-82
330-062-0015 Audit Recommendation (1) Before the installation of weatherization measures, each dwelling should receive an energy audit to determine its current energy use characteristics and to determine which weatherization measures are appropriate. For each appropriate measure, the audit should indicate the estimated installation cost and the amount of incentive financing, if any, that is available. (2) A follow-up energy audit should be performed whenever there is a change in occupancy for a previously audited dwelling which has not been audited within the preceding five years. Follow-up audits should provide new residents with up-to-date information on the energy efficiency of their home and recommendations for further weatherization improvements. (3) Each weatherization measure which is recommended for installation by an energy audit should be installed at the level indicated in rule 330-062-0025, unless that measure is restricted to a lesser level by structural limitations or accessibility. Statutory/Other Authority: ORS 407, 469 & 470 Statutes/Other Implemented: ORS 469 History: DOE 9-1982, f. & ef. 7-1-82
330-062-0020 Recommendation Criteria (1) OAR 330-062-0025 recommends measures at levels which are achievable with commonly available materials and material sizes. (2) OAR 330-062-0025 recommends weatherization measures at levels which are estimated by the Oregon Department of energy to be economically feasible. The energy savings used to determine whether the weatherization measure is economically feasible is the calculated difference between a dwelling’s annual energy requirement with the measure installed and its annual energy requirement without the measure, using calculation methods described in the 1981 American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) Handbook of Fundamentals and the 1980 ASHRAE Systems Handbook. (3) For the purpose of developing OAR 330-062-0025, the energy savings estimate for each recommended weatherization measure was calculated independently of the savings attributed to other recommended measures the actual savings realized from the installation of several measures, therefore, may be less than the sum of the calculated individual savings for each measure. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 407, 469 & 470 Statutes/Other Implemented: ORS 469 History: DOE 9-1982, f. & ef. 7-1-82
330-062-0030 Mandatory Energy Conservation Standards for Weatherizing Dwellings Under the Small Scale Local Energy Project Loan Fund Purpose The purpose of OAR 330-062-0035, pursuant to ORS 470.090 is to establish mandatory energy conservation standards for weatherization of dwellings constructed before January 1, 1979 which will be served by space heating projects financed through the Small Scale Local Energy Project Loan Fund. Statutory/Other Authority: ORS 407, 469 & 470 Statutes/Other Implemented: ORS 470.080 History: DOE 9-1982, f. & ef. 7-1-82
330-062-0035 Weatherization Standards for Small Scale Local Energy Project Loans In OAR 330-062-0025, as it applies to mandatory weathrization for approval of Small Scale Local Energy Project loans for residential space heating projects, the word “shall” will be substituted throughout for the word “should.” Applicants for Small Scale Local Energy Project Loans who are subject to this rule may be exempted from compliance with any weatherization measure in OAR 330-062-0025 which can be demonstrated to create a potentially hazardous condition or which is determined not to be economically feasible for the applicant’s particular project. Statutory/Other Authority: ORS 407, 469 & 470 Statutes/Other Implemented: ORS 470.080 History: DOE 9-1982, f. & ef. 7-1-82
330-062-0040 Mandatory Weatherization Standards for Oregon Department of Veterans' Affairs Home Loans Purpose The purpose of OAR 330-062-0045, pursuant to ORS 407.055, is to adopt mandatory minimum weatherization standards for approval of loans by the Oregon Department of Veterans’ Affairs on Homes constructed before July 1, 1974, as defined in ORS 407.010. Statutory/Other Authority: ORS 407, 469 & 470 Statutes/Other Implemented: ORS 407.055 History: DOE 9-1982, f. & ef. 7-1-82
330-062-0045 Oregon Department of Veterans’ Affairs Minimum Weatherization Standards (1) The Director of the Oregon Department of Energy finds that as of July 1, 1982, the current minimum weatherization standards for approval of a loan by the Oregon Department of Veterans’ Affairs (Department of Commerce OAR 814-005-0005 through 814-005-0030) are compatible with the Advisory Energy Conservation Standards adopted July 1, 1982, under 330-062-0005 through 330-062-0025. (2) The Director of the Oregon Department of Energy, therefore, adopts the existing Oregon Department of Commerce standards, OAR 814-005-0005 through 814-005-0030, as Minimum Weatherization Standards for the approval of loans by the Oregon Department of Veterans’ Affairs on homes as defined in ORS 407.010, constructed before July 1, 1974. Rule 330-062-0035 shall be reviewed when advisory energy conservation standards, OAR 330-062-0025, are revised by the Director or when the Oregon Department of Commerce minimum weatherization standards 814-005-0005 through 814-005-0030 are revised. Statutory/Other Authority: ORS 407, 469 & 470 Statutes/Other Implemented: ORS 407.055 History: DOE 9-1982, f. & ef. 7-1-82
330-063-0000 Purpose and Scope These rules establish requirements of using a voluntary energy performance score system for the purpose of evaluating: (1) Energy conservation and energy efficiency of new and existing residential buildings in Oregon; and (2) Energy use in new and existing commercial buildings in Oregon. Statutory/Other Authority: 2009 OL Ch. 750 (SB 79), ORS 469.703 & 469.040 Statutes/Other Implemented: 2009 OL Ch. 750 & ORS 469.703 History: DOE 5-2014, f. 6-30-14, cert. ef. 7-1-14 DOE 6-2010, f. & cert. ef. 7-1-10
330-063-0010 Definitions For the purposes of these rules, unless otherwise specified, the following definitions shall apply: (1) “Asset rating” means a representation of the building’s energy efficiency or energy use generated by modeling under standardized weather and occupancy conditions. (2) “Building” means any enclosed structure created for permanent use as a residence, a place of business, or any other activities whether commercial or noncommercial in character. (3) “Building energy assessment” means a determination of a building’s energy use and energy efficiency by analyzing the building’s physical systems and assuming certain operational characteristics. (4) “Commercial building” means a structure of which more than 50 percent of usable square footage is used or intended for use in the exchange, sale, or storage of goods, or the provision of services. (5) “Department” means the State Department of Energy created under ORS 469.030. (6) “Director” means the Director of the State Department of Energy appointed under ORS 469.040. (7) “Energy performance score system” means a technical and administrative framework for producing and reporting metrics that describe the energy consumption, generation and efficiency of a building. (8) “Home” means a residential building. (9) “Home energy assessor” has the meaning given that term in ORS 701.527. (10) “Home energy performance score” has the meaning given that term in ORS 701.527. (11) “Home energy performance score system” means an energy performance score system designed and used for residential buildings and which meets the requirements of OAR 330-063-0015(1). (12) “Operational rating” means a representation of a building’s energy use generated by measuring actual energy consumption taking into consideration all physical systems and their operation. (13) “Physical systems” means any energy-consuming equipment integrated in the building design, function or operation. (14) “Residential building” has the same meaning as “residential structure” as defined in ORS 701.005. (15) “Oregon’s Home Energy Performance Score Standard” means a standard that meets all requirements in 330-063-0015. Statutory/Other Authority: 2009 OL Ch. 750 (SB 79), ORS 469.703 & 469.040 Statutes/Other Implemented: 2009 OL Ch. 750 & 469.703 History: DOE 6-2016, f. & cert. ef. 12-21-16 DOE 5-2014, f. 6-30-14, cert. ef. 7-1-14 DOE 6-2010, f. & cert. ef. 7-1-10
330-063-0025 Training Requirements for Home Energy Assessors Individuals producing home energy performance scores must: (1) Be certified as a home energy assessor by the Oregon Construction Contractors Board if required by ORS 701.529; (2) Have completed training in the software program used to produce the U.S. Department of Energy’s Home Energy Score; and (3) Have successfully completed one of the following training and certification programs: (a) Training and certification as a Building Performance Institute Building Analyst or Home Energy Professional Energy Auditor; (b) Training and certification from the Residential Energy Services Network as a Home Energy Rater; (c) Training and certification from the Oregon Training Institute as a Residential Energy Analyst; (d) A professional credential recognized by the U.S. Department of Energy as a prerequisite for qualification as a Home Energy Score assessor; or (e) Other training and certification program or work experience approved by the department. Requests for such approval must be submitted to the department in writing. The department may request information about the training and certification program or work experience from the requestor and will provide an approval decision to the requestor within 120 days of receipt of all requested information. Statutory/Other Authority: ORS 469.703 & 469.040 Statutes/Other Implemented: ORS 469.703 History: DOE 6-2016, f. & cert. ef. 12-21-16 DOE 5-2014, f. 6-30-14, cert. ef. 7-1-14
330-063-0030 Reporting Home Energy Performance Score Data Home energy assessors must report to the department, at least annually, in a manner specified by the department, the following information about each home in Oregon to which they assigned a home energy performance score, unless the department is able to obtain the information from another source: (1) The zip code and city from the home’s site address, but not the street address; (2) The characteristics of the home that were input into the building energy assessment software; and (3) All information required by OAR 330-063-0015(3) to be in the home energy performance report. Statutory/Other Authority: 2009 OL Ch. 750 (SB 79), ORS 469.703 & 469.040 Statutes/Other Implemented: 2009 OL Ch. 750 & ORS 469.703 History: DOE 5-2014, f. 6-30-14, cert. ef. 7-1-14 DOE 6-2010, f. & cert. ef. 7-1-10
330-063-0040 Energy Performance Score System Standards for Commercial Buildings (1) Persons producing energy performance scores must have completed training in the building energy assessment software and energy performance score system used to produce the score. (2) Building energy assessment software used to produce the score must be approved the U.S. Department of Energy. (3) An energy performance score for an existing commercial building must be an operational rating based upon the actual energy usage of the building and shall utilize utility data. (4) An energy performance score for a new commercial building must be an asset rating based on the projected energy consumption of the building and may include a physical inspection of the building. (5) An energy performance score must include an explanation of the score and the assumptions used to derive the score, the date of the score, and the name of the person that produced the score. (6) Commercial energy use must be displayed in annual Kbtu per square foot as determined by approved energy modeling methods, using standard occupancy profiles for the building type. The annual energy consumption of each fuel (electricity, natural gas, oil, propane, etc) must be displayed in retail units. (7) Energy performance score reports may include: (a) A benchmark score based on a similar building built to state building code standards, a similar building that represents Oregon or national average energy consumption, or any other comparable building; and (b) The estimated amount of carbon dioxide equivalent (CO2e) emissions, in metric tons, associated with the building’s energy consumption based on the carbon intensity, as reported on the department’s website, of the electricity provided by the electric utility that serves the building, natural gas and other fuel types used in the building. Statutory/Other Authority: 2009 OL Ch. 750 Statutes/Other Implemented: 2009 OL Ch. 750 History: DOE 5-2014, f. 6-30-14, cert. ef. 7-1-14 DOE 6-2010, f. & cert. ef. 7-1-10
330-066-0005 Purpose, Statutory Authorization, Policy The purpose of these rules is to provide procedures and standards for publicly-owned electric utilities to present energy conservation services programs for commercial buildings as required by Chapter 708, Oregon Laws 1981. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.030 History: DOE 10-1982, f. & ef. 11-1-82
330-066-0020 Other Programs The Director will review any federal, state or local government, or utility commercial energy audit program to determine if that program meets or exceeds the requirements of these rules in whole or in part. Upon a determination that the program meets or exceeds the requirements of these rules, the utility which implements the program or refers eligible commercial building customers to that program shall be considered to have met the requirements in whole or in part of these rules. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.900 History: DOE 10-1982, f. & ef. 11-1-82
330-066-0025 Coordination of Utilities (1) In the case where gas and publicly owned utilities serve the same building, each publicity-owned utility shall offer to the commercial building customer an audit as described in OAR 330-066-0015(6) of all energy consuming systems. The publicly-owned utility may offer an audit as described in 330-066-0015(7) of systems using primarily electricity or interacting with the electric system. As an alternative, gas utilities and electric utilities may coordinate on analyses of energy consuming systems and presentations of recommendations to the customer. (2) If a commercial building customer uses oil, wood or a renewable resource in the commercial building, the utility shall make every effort to determine previous energy use records for that energy system and shall evaluate and report on operations and maintenance aspects of the system. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.880 History: DOE 10-1982, f. & ef. 11-1-82
330-066-0030 Fees If the utility proposes to charge the commercial building customer a fee for the energy audit the fee should be structured so as not to discourage commercial building owners and tenants from seeking audits from their utility. The fee schedules shall be specified in the commercial energy conservation services program. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.890 History: DOE 10-1982, f. & ef. 11-1-82
330-066-0035 Implementation Schedules (1) Each utility shall submit for review and approval its commercial energy conservation services program to the Director within 180 days of the effective date of these rules. (2) Each utility shall describe how it will ensure that personnel are qualified to conduct energy audits. The description shall include at least the utility’s minimum requirements for training, education or equivalent experience of auditors and specialists. If consultants will be employed to provide energy audit services the utility shall identify the consulting firm(s) and present sufficient information to support the qualifications of the firms to do energy conservation analyses. (3) Each utility shall provide to the Director a copy of the training program for energy auditors and energy specialists. (4) Each utility shall submit to the Director a copy of the data collection form, a description of analysis procedures and report forms. (5) Each utility shall offer its program within 60 days of its program being approved. Each customer who requests an audit shall receive a report describing the results of the audit performed under OAR 330-066-0015(6) within 120 days of the request for services. A utility may request an extension of this time requirement if program start-up causes delays in the first year of program implementation. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.865 History: DOE 10-1982, f. & ef. 11-1-82
330-066-0040 Reporting Requirements (1) Each utility shall report to the Director quarterly the number of eligible commercial building customers, number of audits requested, number of audits performed by level of audit, number of referrals to other audit programs, estimated aggregate savings of operations and maintenance recommendations, estimated aggregate savings and retrofit energy conservation measures. (2) Each utility shall also report when requested by the Department, not to exceed once per year, information on all commercial building customers who have received commercial energy audits in order for the Department to evaluate program performance and effectiveness. (3) If the utility’s service is offered through an association, the association should provide the above information on an individual basis for each utility served. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 10-1982, f. & ef. 11-1-82
330-066-0045 Coordination with Federal Statutes and Regulations The Director shall review each commercial energy audit conservation services program to ensure that it does not conflict with federal statutes and regulations applicable to energy conservation in commercial buildings. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 10-1982, f. & ef. 11-1-82
330-066-0050 Exemption for Existing Commercial Energy Conservation Service Programs (1) Each covered publicly owned utility which has an existing commercial energy conservation services program, as of the effective date of these rules, may submit a description of its program to the Director to request an exemption. The program description shall include: copies of information materials about energy conservation which it has available for commercial building customers, procedures used to regularly notify for commercial building customers, procedures used to regularly notify all customers in commercial buildings of the availability of energy conservation services and a description of audit procedures, auditor qualifications, types of systems audited, example report forms and procedures for estimating costs of energy conservation measures. A fee schedule, if any, shall be included with the program description. (2) If the Director finds that the existing program meets or exceeds the requirements of Sections 17 to 20 of Chapter 708, Oregon Laws 1981, those sections shall not apply to the covered publicly owned utility. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 10-1982, f. & ef. 11-1-82
330-067-0010 Purpose (1) The program rules for grants are set by Title III of the National Energy Conservation Policy Act, Public Law 95-619, 92 Stat. 3238 (42 U.S.C. 6371). These rules are authorized by ORS 469.040, ORS Chapter 183, and 10 CFR, Part 455 in the February 19, 1993, Federal Register. (2) These rules allow grants to the state for program and technical assistance. The grant for Program Assistance is managed and performed by the state. The purpose of the grant is to provide support and training to eligible institutions to help improve building energy system efficiency and reduce energy costs. Technical Assistance (TA) grants or Technical Assistance Studies (TAS) help institutions identify actions that can be taken and/or measures that can be installed to reduce the use and costs of energy. Statutory/Other Authority: ORS 469.040 & 469.165 Statutes/Other Implemented: ORS 469 History: DOE 3-1993, f. & cert. ef. 8-23-93 DOE 2-1990, f. & cert. ef. 4-19-90 (and corrected 6-27-91) DOE 8-1985, f. & ef. 12-30-85 DOE 4-1985, f. 4-19-85, ef. 4-22-85
330-067-0015 Grantees Must Comply with Other Rules and Laws TAS in part paid for by the Institutional Conservation Program (ICP) must comply with all local, state and federal rules, regulations, ordinances, statutes, codes, and standards. These rules do not alter the duty of the grantee to comply with all other rules and laws that apply. Statutory/Other Authority: ORS 469.040 & 469.165 Statutes/Other Implemented: ORS 469 History: DOE 3-1993, f. & cert. ef. 8-23-93 DOE 8-1985, f. & ef. 12-30-85 DOE 4-1985, f. 4-19-85, ef. 4-22-85
330-067-0023 Program for Technical and Program Assistance As allowed under Subparts H and K, 10 CFR 455 in the February 19, 1993, Federal Register, ODOE will operate a program to provide technical and program assistance through the following services: (1) Resources accounting program and training; (2) On-site assessments; (3) Building operator training, including trouble shooting and repair; (4) Detailed energy studies; (5) Assistance to secure financing of identified energy conservation measures; and (6) Training on how to operate and maintain installed measures. Statutory/Other Authority: ORS 469.040 & 469.165 Statutes/Other Implemented: ORS 469 History: DOE 3-1993, f. & cert. ef. 8-23-93