justicedao/ipfs_state_laws huggingface dataset:
330-280-0110 Allocation of funds (1) Subject to limits on the percentage of funding that may be spent under the program for specific categories of installations, the Department will allocate rebate and grant funding according to the order in which the applications are approved by the Department. The Department will review applications in the order in which they are submitted. (2) In each calendar year: (a) At least 25 percent of the funds must be reserved for rebates and grants for affordable housing providers; (b) At least 25 percent of the funds must be reserved for rebates and grants for owners of dwellings occupied by low or moderate income households. (3) If total funds spent and allocated for installations for affordable housing providers and owners of dwellings occupied by low or moderate income households are less than those specified in OAR 330-280-0110(2) for that calendar year, then the unspent and unallocated funds may be made available to all applicants in the following year. 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
330-280-0120 Compliance (1) The Department reserves the right to conduct a physical inspection of all installations and upgrades and to audit all documentation relating to an installation or upgrade for which a reservation is made under the program before or after a rebate or grant payment is made to the contractor. (2) The Department shall provide at least 15 days advance notice before performing a physical inspection of an installation or upgrade. If the owner, or their representative, requests an inspection before the 15-day notice period has expired, the Department may inspect the site earlier. The owner of the dwelling, a representative of the owner, or the contractor must be present and must provide safe access to inspect the installation and any upgrade. Department inspectors will not inspect areas that they deem to present an unreasonable risk to personal safety. (3) The Department shall provide a written determination of whether the project was completed as described in the application and meets the project eligibility criteria within 30 days to the contractor based upon the inspection. (4) If the Department determines that the installation or upgrade does not meet project eligibility criteria under the program or the completed project does not match the project description entered by the contractor when making a request for a rebate or grant, the contractor will have 30 days from the date they received written notice from the Department to correct and provide proof of correction for any discrepancies found by the Department or to provide written explanation or justification. (5) The Department shall provide a final determination in writing within 15 days regarding the contractor’s written response to the Department’s initial determination after an inspection. (6) The Department may deny a rebate or grant if a contractor does not resolve issues found in an inspection or in an audit within the time limit established under program rules. (7) Pursuant to the procedures for a contested case under ORS chapter 183, the Director may order the revocation of a rebate or portion of a rebate or grant under the program if the Director finds that the rebate or grant was obtained by fraud or misrepresentation, or by mistake or miscalculation. As soon as the order of revocation becomes final, the Department shall proceed to recover the rebate, grant, or portion of the rebate or grant that is subject to the order of revocation. All moneys provided to a contractor attributable to the fraudulently or mistakenly obtained rebate, grant, or portion of the rebate or grant shall be forfeited. 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
330-280-0130 Revocation of Contractor Eligibility or Rebates The Director may deny or revoke a contractor’s eligibility to claim a rebate on behalf of a customer, pursuant to the procedures for a contested case under ORS chapter 183, if the Director finds any of the following: (1) The contractor’s eligibility under OAR 330-280-0020 was obtained by fraud or misrepresentation by the contractor. (2) The contractor’s performance for installation of heat pumps does not meet industry standards. (3) The contractor has misrepresented to customers either the program or the nature or quality of the heat pumps for which rebates are available. (4) The contractor attempts to obtain a rebate or grant through fraud or misrepresentation. 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
330-280-0140 Funding Transferred from the Community Heat Pump Deployment Program (1) Funds transferred from the Community Heat Pump Deployment Program to the Oregon Rental Home Heat Pump Program under Senate Bill 1525 shall be used in the provision of grants and rebates under the Oregon Administrative Rules Chapter 330 Division 280 and associated administrative costs and expenses. A rebate for the purchase and installation of a heat pump and grant for upgrades to facilitate the installation of the heat pump, financed by these transferred funds, shall be provided to an eligible dwelling that is occupied by a member of a federally recognized Tribe in Oregon for which no eligible entity has been awarded a grant under ORS 469B.460. (2) Each Tribe must have the same amount of funding allocated for that Tribe under the Oregon Rental Home Heat Pump Program as was allocated for that Tribe under the Community Heat Pump Deployment Program. (3) In order to qualify for a rebate funded by moneys allocated for eligible dwellings occupied by a member of a specific federally recognized Tribe in Oregon, the owner of the dwelling where the installation will be located must provide proof of the tenant’s Tribal membership to the Department. Proof of Tribal membership shall be provided in at least one of the following ways: (a) A tribal enrollment card; (b) A letter from a Tribal enrollment officer; (c) A Bureau of Indian Affairs (BIA) Certificate of Degree of Indian or Alaska Native Blood (CDIB); or (d) Verified documentation of eligibility for the Indian Health Service as an American Indian or Alaska Native. Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) & ORS 469.040 Statutes/Other Implemented: Senate Bill 1525 (2024) & Oregon Laws 2022, Chapter 86 (Senate Bill 1536) History: DOE 1-2025, adopt filed 01/22/2025, effective 01/27/2025 DOE 5-2024, temporary adopt filed 08/23/2024, effective 08/26/2024 through 02/14/2025
330-290-0000 Purpose and application of rules in Division 290 (1) The purpose of these rules is to implement a grant program to provide education and training to contractors, subcontractors, technicians, community-based organizations and other installers of energy efficient appliances for heating and cooling and to other workers in industries related to construction and energy appliance installation to fulfill the requirements of Oregon Laws 2023, Chapter 442, section 4. (2) These Division 290 rules apply to all applicants for grants under the program established to fulfill the requirements of Oregon Laws 2023, Chapter 442, section 4. The rules provide procedures for submitting applications, department review and selection of grant awardees, the development of performance agreements, and reporting and compliance requirements. Statutory/Other Authority: Oregon Laws 2023 Chapter 442 & ORS 469.040 Statutes/Other Implemented: Oregon Laws 2023 Chapter 442 History: DOE 7-2024, adopt filed 10/29/2024, effective 10/29/2024
330-290-0010 Definitions (1) “Department” means the Oregon Department of Energy. (2) "Director" means the director of the Oregon Department of Energy. (3) “Environmental justice communities” means communities meeting the definition of environmental justice communities under Oregon Revised Statutes 2023 Edition, 469A.400(5). The definition includes communities of color, communities experiencing lower incomes, tribal communities, rural communities, coastal communities, communities with limited infrastructure and other communities traditionally underrepresented in public processes and adversely harmed by environmental and health hazards, including seniors, youth and persons with disabilities. (4) “Disadvantaged communities” as outlined in presidential Executive Order (EO) 14008, signed January 27, 2021, means a census tract identified by version 1.0 of the Climate and Economic Justice Screening Tool (CEJST) as being economically disadvantaged and overburdened by pollution and underinvestment in housing, transportation, water and wastewater infrastructure, and health care. A community qualifies as “disadvantaged” if the census tract is above the threshold for one or more environmental or climate indicators and the tract is above the threshold for the socioeconomic indicators. (5) “Climate and Economic Justice Screening Tool (CEJST)” means version 1.0 of the screening tool available online at https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5 and developed by the Council on Environmental Quality as directed by presidential Executive Order 14008, consisting of an interactive map identifying disadvantaged communities. Statutory/Other Authority: Oregon Laws 2023 Chapter 442 & ORS 469.040 Statutes/Other Implemented: Oregon Laws 2023 Chapter 442 History: DOE 7-2024, adopt filed 10/29/2024, effective 10/29/2024
330-290-0020 Contracting under the program (1) The Department may contract with eligible entities, as specified in OAR 330-290-0030(1), to provide needed information, assistance, training and support to contractors and/or training providers. (2) Eligible entities entering into a contract with the Department under these rules shall use financial assistance under the contract for the development and delivery of training related to energy efficient technologies and incentives as outlined in the funding opportunity announcement. Statutory/Other Authority: Oregon Laws 2023 Chapter 442 & ORS 469.040 Statutes/Other Implemented: Oregon Laws 2023 Chapter 442 History: DOE 7-2024, adopt filed 10/29/2024, effective 10/29/2024
330-290-0030 Eligible grant recipients (1) Funding from this grant program is available to locally and culturally connected organizations for training programs in one or more training paths identified in the funding announcement including but not limited to: (a) Community-based organizations; (b) Labor organizations; (c) Pre-apprenticeship/apprenticeship programs; (d) Training centers; and (e) Community colleges. (2) Eligible entities may form partnerships with other eligible entities, but the entity awarded a grant shall take a lead role in administering the grant funds, including record-keeping and reporting, and providing financial assistance. (3) A partner entity may assist the entity awarded a grant by providing, or assisting in the provision of: (a) financial assistance to program participants; (b) development of training materials; and/or (c) delivery of training material. Statutory/Other Authority: Oregon Laws 2023 Chapter 442 & ORS 469.040 Statutes/Other Implemented: Oregon Laws 2023 Chapter 442 History: DOE 7-2024, adopt filed 10/29/2024, effective 10/29/2024
330-290-0040 Funding opportunity announcements and application requirements (1) The department shall announce the availability of grants for education and training for installation of energy efficient technologies by issuing one or more funding opportunity announcements. (2) An applicant may apply for a grant by submitting a complete grant application. The application must meet requirements provided by relevant statutes, these rules, and the funding opportunity announcement. (3) The application must be submitted using a form specified by the Department and include at a minimum the following information: (a) Identification of applicant and partners; (b) Name, address, email address and telephone number for the applicant; (c) Names and roles of any partners to the application; (d) Statement on how the program aligns with the Department’s goal to prioritize disadvantaged or environmental justice communities; (e) Description of: (A) The entity’s capacity to administer any grant funds received; (B) The objective from the funding opportunity announcement that this program intends to address; (C) Information on the current program the funding will be expanding, if applicable; (D) The estimated budget for administrative and marketing expenses; (E) Other information about the applicant as requested in the application form. (f) An explanation of how the program will meet one of the stated program objectives from the funding opportunity announcement; (g) Description of how the program will connect workers to prospective employers or pre-apprentice/apprenticeship programs, where appropriate; (h) Description of wraparound services that will be available to participants; (i) Explanation of how the program will contribute to a sustainable energy efficiency workforce in Oregon; and (j) Other information requested by the Department in the funding opportunity announcement. (4) The Department will only consider complete applications in its selection and funding allocation process. Statutory/Other Authority: Oregon Laws 2023 Chapter 442 & ORS 469.040 Statutes/Other Implemented: Oregon Laws 2023 Chapter 442 History: DOE 7-2024, adopt filed 10/29/2024, effective 10/29/2024
330-290-0050 Application evaluation and funding allocation process (1) The Department will evaluate all complete applications for funding to ensure the requirements in statute, rule, and in the funding opportunity announcement are met. In awarding grants, the Department shall evaluate applications according to the criteria in these rules and the funding opportunity announcement. The Department shall give preference to eligible entities with: (a) Experience in administering state grant programs or programs with similar reporting requirements; (b) Experience with community program development within disadvantaged or environmental justice communities; and (c) Connections to community partners. (2) The department shall allocate grant funds to grantees based upon the following criteria: (a) 40 percent of the available grant funding shall be allocated to programs training participants from or providing services to disadvantaged communities as identified on the federal CEJST Map. (b) 60 percent of available grant funds may be allocated to programs meeting the requirements of the funding opportunity announcement that do not specifically benefit disadvantaged communities; however, programs that demonstrate economic development benefits to participants from disadvantaged or environmental justice communities will receive priority. (c) The Department shall provide resources on its website to assist applicants in demonstrating that the program(s) in the application will serve one or more disadvantaged or environmental justice community. Statutory/Other Authority: Oregon Laws 2023 Chapter 442 & ORS 469.040 Statutes/Other Implemented: Oregon Laws 2023 Chapter 442 History: DOE 7-2024, adopt filed 10/29/2024, effective 10/29/2024
330-290-0060 Use of grant funds (1) An eligible entity may use a percentage, as specified in a performance agreement, not to exceed 15 percent, of the awarded grant funds for program-related administrative expenses and marketing costs. (2) The Department may consider awarding additional administrative costs, in addition to the 15 percent, if an applicant can demonstrate that additional administrative costs are essential to implementing a successful program. The applicant must clearly state how the funds will be used and why additional funding is required. Circumstances where additional funding may be considered by the Department will be stated in the funding opportunity announcement. (3) Eligible administrative and marketing costs include the following costs if they are necessary to administer and market the program: (a) Direct costs to implement and monitor the program including staffing, materials, supplies, and travel; and (b) Other costs the Department determines should be eligible because they are necessary to administer or market the program. (4) The Department may list and provide guidance regarding ineligible administrative and marketing costs in the funding opportunity announcement. (5) Grantee and partner organizations may use funds to provide financial assistance to program participants, in an effort to ensure program completion, in the following forms: (a) Training and training materials such as textbooks and manuals; (b) Certification exam fees; (c) Travel reimbursement; (d) Wage stipends; (e) Technical assistance; (f) Software licenses; (g) Wraparound services deemed by the Department to be necessary for the successful completion of the program by participants; and (h) Employer engagement and hiring incentives. (6) Eligible costs include costs associated with training material development, including the addition of culturally-specific materials. (7) Staffing associated with providing training to program participants by grantee or partner entity are not considered administrative costs and are therefore not included in the 15 percent cap for administrative costs. (8) The creation of informational material not directly related to the delivery of training under the program is allowable as long as it falls within the following categories and is made available to the Department for public outreach and education: (a) Information on the availability of moneys, programs, rebates and other incentives for acquiring and installing energy efficient appliances for heating and cooling; (b) Materials describing methods, techniques, available incentives and funding available for upgrading electrical panels and wiring to accommodate energy efficient appliances for heating and cooling; and (c) Information to assist contractors and property owners in planning for, installing and operating heat pumps. Statutory/Other Authority: Oregon Laws 2023 Chapter 442 & ORS 469.040 Statutes/Other Implemented: Oregon Laws 2023 Chapter 442 History: DOE 7-2024, adopt filed 10/29/2024, effective 10/29/2024
330-290-0070 Performance agreements (1) The Department will offer a performance agreement to each grant awardee under the program outlining the terms under which the Department will award funds. (2) Eligible entities selected to be awarded a grant shall have 30 calendar days from the date on which the performance agreement is provided to the applicant to accept the performance agreement. An applicant’s failure to accept the performance agreement by the deadline may cause the rejection of the grant application; (3) If an eligible entity fails to enter into a performance agreement within 30 calendar days of the date on which the department provided the performance agreement to the entity, the department may select an alternative applicant. (4) The performance agreement must include the following terms and may also include additional terms: (a) Maximum amount of the grant and the entity to which funds will be disbursed. (b) Maximum duration of the performance agreement; (c) Record keeping, reporting, and compliance monitoring requirements as detailed in the performance agreement or applicable federal law; (d) A provision allowing the performance agreement to be terminated for reasons stated in the agreement and subject to terms described in the agreement; (e) The grant payment schedule; and (f) Provisions regarding repayment of unspent funds at checkpoints specified in the agreement and at the end of the of the agreement. (5) Unspent funds that are repaid may be reallocated by the Department to one or more grantees or deposited in the Energy Efficient Technologies Information and Training Fund for future distribution. Statutory/Other Authority: Oregon Laws 2023 Chapter 442 & ORS 469.040 Statutes/Other Implemented: Oregon Laws 2023 Chapter 442 History: DOE 7-2024, adopt filed 10/29/2024, effective 10/29/2024
330-290-0080 Record keeping and reporting (1) Grantees and their partners must maintain accurate financial records satisfactory to the Department, which document the receipt and disbursement of funds. Grantees must have an accounting system in place satisfactory to the Department. (2) Grantees and their partners must maintain other program records satisfactory to the Department as specified in each grantee's performance agreement. (3) Grantees shall collect project data and report on project outcomes as stated in the funding opportunity announcement and as specified in each grantee’s performance agreement. Statutory/Other Authority: Oregon Laws 2023 Chapter 442 & ORS 469.040 Statutes/Other Implemented: Oregon Laws 2023 Chapter 442 History: DOE 7-2024, adopt filed 10/29/2024, effective 10/29/2024
330-290-0090 Compliance and monitoring (1) To ensure proper compliance and monitoring of the 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 program records and data as requested by the Department; and (d) Keep records of program participants as specified in the performance agreement. (2) 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. (3) Grantees must require by contract and monitor their partners’ compliance with all program requirements including, but not limited to, recordkeeping and retention of records. (4) Each grantee must provide a report to the Department prior to June 30 of each year with data through 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) The nature and amounts of the administrative expenses and marketing costs the grantee has incurred in providing payments under the program; and (c) Any other information required by the Department. (5) In addition to the reporting requirements in section (4) , 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 items outlined in section (4). Statutory/Other Authority: Oregon Laws 2023 Chapter 442 & ORS 469.040 Statutes/Other Implemented: Oregon Laws 2023 Chapter 442 History: DOE 7-2024, adopt filed 10/29/2024, effective 10/29/2024