330-069-0085 Program Procedures ODOE shall run the program for the IOUs listed in OAR 330-069-0075. ODOE will provide information and monitor the program to insure the program is in accord with these rules: (1) Energy audit (EA). ODOE shall give owners a list of ODOE certified energy auditors and forms for energy audits for buildings and occupied buildings only. (2) Technical Assistance Studies (TAS): (a) ODOE shall ask for, judge, rank, and select for funding applications for TAS. Ranking shall be in accord with OAR 330-069-0080(1). ODOE shall inform applicants in writing whether or not they have been chosen for funding; (b) ODOE shall ensure that the requirements in paragraphs (A) through (E) of this subsection are met before authorizing payment for a TAS (for buildings and occupied buildings only): (A) An EA has been done by an ODOE certified energy auditor; (B) All O&M actions listed in the EA have been taken by the owner, except those which ODOE judges need not be done; (C) The owner has sought TAA qualifications of doing the TAS before choosing a TAA, unless otherwise agreed to by ODOE and the owner; (D) The TAS has been done by a qualified TAA and has been reviewed and approved by ODOE; (E) The owner has given ODOE proof of payment to the TAA of all agreed upon costs for the TAS. (c) ODOE shall ensure that the requirements in paragraphs (A) through (D) of this subsection are met before authorizing payment for a TAS (for facilities other than buildings): (A) All O&M actions listed in the facilities TAS have been taken by the owner, except those which ODOE judges need not be done; (B) The owner has sought qualifications of TAAs. The TAAs chosen must have at least one year of proven experience in the design or operation of the particular type facility under study unless otherwise agreed to by ODOE and the owner; (C) The TAS has been done by a qualified TAA and has been reviewed and approved by ODOE; (D) The owner gives ODOE proof of payment to the TAA of all agreed upon costs for doing the TAS. (d) ODOE shall authorize payment to an owner an amount not more than that which is in accord with OAR 330-069-0025(1). Such payment shall be authorized when the TAS is done in accord with the above requirements and when conditions in either of paragraph (A) or (B) of this subsection are met: (A) The owner has installed or agrees in writing to install, at the owner’s own expense, approved ECMs recommended in the TAS. The total cost of these ECMs shall be at least equal to 50 percent of the TAS amount; (B) The owner agrees in writing to install, upon approval of funding, approved ECMs recommended in the TAS. The total cost of these ECMs shall be at least equal to 50 percent of the TAS amount. If an owner has received any part of the TAS amount and does not install such ECMs, ODOE shall require the owner to pay back the funding IOU any part of the payment which exceeds 50 percent of the TAS amount; (C) ODOE shall not authorize payment to the owner the total of its TAS amount if one of either paragraph (A) or (B) of this subsection is not satisfied and if: (i) The TAS does not recommend any eligible electricity ECMs even if the TAS does meet the requirements in subsection (2)(b) or (c) of this rule. In this case, ODOE will authorize payment of an amount equal to 50 percent of the TAS amount only; or if (ii) The total estimated cost of doing the recommended eligible ECMs is less than 50 percent of the TAS amount, even if the TAS meets requirements in subsection (2)(b) or (c) of this rule. In this case, the payment to the owner authorized by ODOE will be reduced by an amount equal to the difference between 50 percent of the TAS amount and the total estimated implementation cost. (3) Energy Conservation measures (ECMs): (a) ODOE shall ask for, judge, and select projects for funding. ODOE shall inform applicants in writing whether or not they have been chosen for funding; (b) ODOE shall comply with paragraphs (A) through (F) of this subsection before approving a project application for funding: (A) ODOE shall provide a PE, other than the TAA who did the TAS, to review and certify that energy savings and project cost calculations of ECMs recommended in the TAS were done by standard engineering methods. The PE will also certify that only ECMs recommended in a TAS are included in a project; (B) ODOE shall rank and select for funding projects in accord with the ranking formula for ECMs in OAR 330-069-0080(2)(a), if requests for project funding exceed the funds available from the funding IOU; (C) ODOE shall ensure that these things will not occur as a result of a funded ECM: (i) Installation of low-pressure sodium (LPS) vapor lights indoors; (ii) Use of high pressure sodium (HPS) vapor lights indoors, except for: (I) General lighting in warehouses with low visual demand activities and short duration occupancies, with warning signs and danger signals that have an independent lightsource, where HPS fixtures or rows of fixtures are staggered on a multiple phase circuitry; and for (II) High visual demand lighting in high bay areas, as defined by the Illuminating Engineering Society Lighting Handbook, where the mixture of HPS to incandescent, fluorescent, or metal halide fixtures is at least 1-to-1 with similar lumen output from both types of fixtures and the HPS fixtures are staggered on a multiple phase circuitry. (iii) Removal or disturbance of previously installed asbestos; (iv) Installation of Urea Formaldehyde Foam Insulation (UFFI). (D) ODOE shall ensure that program funds are not used for ECMs which are environmentally restricted, and/or for projects which affect indoor air quality; (E) ODOE shall not approve funding for any ECM based on a direct application renewable resource; (F) ODOE shall obtain from the owner a written agreement to indemnify the funding IOU and hold it harmless from and against all claims and liability and expenses, including reasonable attorneys fees, arising from the negligent or other tortious acts or omissions of the owner’s officers, agents, or employs. (c) ODOE shall comply with paragraphs (A) through (D) of this subsection before authorizing the payment of funds to owners for completed projects: (A) For projects that have had design documents prepared by a LP, ODOE shall provide a PE, other than the LP who prepared the design documents, to review the design documents before bid release. The PE will verify that the project design is in accord with the TAS and with standard engineering practice. The PE also will verify if the project can be expected to produce the energy savings stated in the TAS; (B) ODOE shall ensure that the owner has sought competitive fixed price bids for doing the project unless otherwise agreed to by ODOE and the owner. ODOE shall also ensure that the installer has been chosen on the basis of price and capability; (C) ODOE shall inspect each project for proper and complete installation of ECMs; (D) ODOE shall obtain from the owner proof of payment of all agreed upon costs for the project. (d) ODOE shall authorize payment to an owner in accord with OAR 330-069-0025(2) for installed ECMs. (4) ODOE may limit the amount of ECM funding any single owner may receive, so long as such limits are applied fairly. [Publication: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 316.088 History: DOE 5-1985, f. & ef. 6-17-85