justicedao/ipfs_state_laws huggingface dataset:
330-075-0035 Extension of Submission Deadline (1) Any energy resource supplier which finds it cannot meet the deadline set forth in OAR 330-075-0025 may apply to the Director for an extension of time. The written application shall include the following: (a) The reasons why the deadline cannot be met; (b) The measures being taken to comply with the deadline; and (c) The date on which the energy resource supplier intends to submit the required form(s). (2) A petition for extension of time must be submitted no later than 15 days before the deadline from which an extension is sought. (3) The Director may grant an extension of not more than fifteen days if: (a) The energy supplier makes a showing of hardship caused by the deadline; (b) The energy supplier provides reasonable assurance that the energy supplier can comply with the revised deadline; and (c) The extension of time does not prevent the department from fulfilling its statutory responsibilities. Statutory/Other Authority: ORS 183 & 469 Statutes/Other Implemented: ORS 469.421 History: DOE 5-2010, f. & cert. ef. 6-16-10 DOE 3-2009(Temp), f. & cert. ef. 12-21-09 thru 6-17-10 DOE 6-1984, f. & ef. 5-10-84 DOE 7-1982, f. & ef. 5-3-82 DOE 5-1981(Temp), f. & ef. 11-2-81 DOE 3-1981(Temp), f. & ef. 8-26-81
330-075-0040 Proprietary Information An energy resource supplier may request that information submitted pursuant to OAR 330-075-0010 to 330-075-0035 be treated by the Director as proprietary information and maintained in confidence. Any such request shall be made at the time the information is submitted. Such request shall comply with the procedure set forth in 330-010-0005 to 330-010-0030. The Director’s decision on the request will be made in accordance with 330-010-0030. Statutory/Other Authority: ORS 183 & 469 Statutes/Other Implemented: ORS 469.421 History: DOE 6-1984, f. & ef. 5-10-84 DOE 7-1982, f. & ef. 5-3-82 DOE 5-1981(Temp), f. & ef. 11-2-81 DOE 3-1981(Temp), f. & ef. 8-26-81
330-075-0045 Retention of Supporting Documentation by Energy Resource Suppliers Supporting documentation used by the energy resource supplier in compiling the information submitted pursuant to OAR 330-075-0010 to 330-075-0045 shall be kept available by the energy resource supplier for inspection by the Department for three years from the date of submission. Statutory/Other Authority: ORS 183 & 469 Statutes/Other Implemented: ORS 469.421 History: DOE 6-1984, f. & ef. 5-10-84 DOE 7-1982, f. & ef. 5-3-82 DOE 5-1981(Temp), f. & ef. 11-2-81 DOE 3-1981(Temp), f. & ef. 8-26-81
330-080-0005 Purpose (1) In response to the Arab oil embargo of 1973, the federal government has, through the Emergency Petroleum Allocation Act of 1973 and other statutes, and through regulations adopted pursuant thereto, established a series of programs governing the allocation and pricing of crude oil and refined petroleum products. Among these are: (a) The “state set-aside program” (10 CFR 211.17), whereby a percentage of the total expected supply of a product is received each month to be allocated to alleviate hardships and emergencies; and (b) A program (10 CFR 211.12(f)), whereby new end-users can apply for an assignment of an allocated product or a supplier. (2) Administration of the described programs may be delegated to states. Oregon has requested the Region X Office of the U.S. Department of Energy (US DOE) for this authority as to motor gasoline and middle distillates only. (3) The purpose of these rules is to provide the substantive framework for administering these federal programs as to motor gasoline and middle distillates only. To the extent possible, definitions of terms and substantive provisions have been taken directly from existing federal regulations. Copies of federal regulations incorporated herein by reference are available from, Oregon Department of Energy (ODOE). (4) The basic philosophy of ODOE in implementing these programs is to alleviate emergency or hardships of actual end-users of motor gasoline and middle distillates and to alleviate regional shortages of gasoline available to the general public. Therefore, in making decisions under these rules, the emphasis will be to assure needed supplies to such end-users, taking into consideration the allocation priorities established by federal law. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.030 History: DOE 5-1979, f. & ef. 10-29-79 DOE 4-1979(Temp), f. & ef. 9-20-79 DOE 3-1979(Temp), f. & ef. 5-24-79
330-080-0010 Definitions (1) Unless the context clearly requires otherwise, the following definitions shall apply: (a) The terms “action,” “adjustment,” “aggrieved,” “assignment,” “duly authorized representative,” “EPAA,” “EPCA,” “exception,” “exemption,” “order,” “person,” and “proceeding” shall be as defined in 10 CFR 205.2; (b) The terms “adjusted base period volume,” “base period,” “end-user,” “firm,” “motor gasoline,” “prime supplier,” “purchaser,” “state set-aside,” “supplier,” “total supply,” “wholesale purchaser-reseller,” and “wholesale purchaser-consumer” shall be as defined in 10 CFR 211.51. (c) “Midle distillate” means No. 1 heating oil, No. 1-D diesel fuel, No. 2 heating oil, No. 2-D diesel fuel and kerosene, as those products are defined in 10 CFR 212.31. (d) “Hardship” means a situation involving a potentially substantial physical discomfort or danger, or substantial economic dislocation, caused by a shortage of motor gasoline or middle distillates. (e) “Emergency” means a situation of substantial hardship which is imminent and not remediable without state assistance. (f) “State Office” means the Oregon Department of Energy. (g) “Allocation Officer” means the person or persons within the State Office authorized to receive, evaluate, and act upon applications. (h) “Reviewing Officer” means the person or persons designated by the Director of the State Office, none of whom shall serve as an “Allocation Officer,” authorized to review, evaluate, and act upon appeals of orders issued by Allocation Officers. (2) References herein to Title 10, Code of Federal Regulations, are to those sections thereof as adopted (even if on a standby basis) on the effective date of these rules, including special rules issued by the U.S. Department of Energy. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.030 History: DOE 5-1979, f. & ef. 10-29-79 DOE 4-1979(Temp), f. & ef. 9-20-79 DOE 3-1979(Temp), f. & ef. 5-24-79
330-092-0005 Purpose; Applicability (1) Purpose: The purpose of these rules is to establish procedures to govern the enforcement and amendment of standards found in ORS 469.229 through 469.261, which establish minimum energy efficiency standards for equipment and appliances for sale or use in Oregon that are not federally regulated, and to establish new minimum energy efficiency standards in accordance to the procedures specified in ORS 469.261. (2) Applicability of standards: A person may not sell, offer for sale, or install a product after the effective date specified in OAR 330-092-0015 unless that product meets or exceeds the minimum energy efficiency standards, listing, and labeling requirements specified in these rules. If the effective date is based on the date of manufacture, only products that are manufactured on or after that date are subject to the scope of these rules . (3) Applicability of listing requirements: The listing requirements in OAR 330-092-0025 shall apply to products as long as that listing is available for the specific standard and product. If such a listing becomes unavailable, the department may determine and provide notification that there is no listing requirement for that specific product or category. (4) Applicability of labeling requirements: The labeling requirements in OAR 330-092-0045 shall apply to products as long as that label is available for the specific standard and product. If such a label becomes unavailable, the department may determine and provide notification that there is no labeling requirement for that specific product or category . Statutory/Other Authority: ORS 469.040, ORS 469.255 & ORS 469.261 Statutes/Other Implemented: ORS 469.229–469.261 History: DOE 2-2020, amend filed 08/28/2020, effective 09/01/2021 DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14 DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08
330-092-0030 Effect of Listing To be sold, offered for sale, or installed in Oregon on or after the effective dates described in OAR 330-092-0015, Oregon-regulated products must be listed per the requirements of OAR 330-092-0025. Products that are not listed according to these rules may not be sold, offered for sale, or installed in Oregon on or after the applicable effective date. Statutory/Other Authority: ORS 469.040, ORS 469.255 & ORS 469.261 Statutes/Other Implemented: ORS 469.229–469.261 History: DOE 2-2020, amend filed 08/28/2020, effective 09/01/2021 DOE 2-2018, amend filed 12/10/2018, effective 12/10/2018 DOE 8-2017, amend filed 12/20/2017, effective 12/20/2017 DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14 DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08
330-092-0040 Determination of Compliance The Department may require the manufacturer to provide test results or other documentation verifying that a product meets Oregon's minimum energy efficiency standards for that category of equipment. Statutory/Other Authority: ORS 469.040, ORS 469.255 & ORS 469.261 Statutes/Other Implemented: ORS 469.229–469.261 History: DOE 2-2020, amend filed 08/28/2020, effective 09/01/2021 DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14 DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08
330-092-0050 Determination of Non-Compliance (1) The Department may review any product if it has cause to believe the product may not comply with Oregon's appliance efficiency standards. (2) Upon completing its review, the Department will notify a manufacturer in writing of its determination whether the product is in compliance with the appropriate appliance energy efficiency standard. The notification will include: (a) Identification of the product. (b) An explanation of any deficiencies in compliance with the applicable standards, testing requirements, or labeling requirements. (c) The action the Department proposes to take if it determines the product is non-compliant or the information supplied to the Department is in error. (3) The manufacturer must respond to the notice of deficiency within thirty days of mailing. (4) The Department will make its final determination within fifteen days of receiving the manufacturer's response. Statutory/Other Authority: ORS 469.040, ORS 469.255 & ORS 469.261 Statutes/Other Implemented: ORS 469.229–469.261 History: DOE 2-2020, amend filed 08/28/2020, effective 09/01/2021 DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14 DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08
330-092-0055 Appeals (1) A manufacturer may request reconsideration of the Department's order in writing. The Department will respond within fifteen days of receipt of a request for reconsideration. (2) A manufacturer may appeal an action taken by Department staff to the Director. An appeal shall state as clearly as possible the original request, the action taken by staff, and any relevant information demonstrating why the manufacturer believes the Department action is in error. (3) The Director will respond to an appeal within fifteen days. Statutory/Other Authority: ORS 469.040, 469.255, 469.261, OL 2013 & Ch. 418 (SB 692) Statutes/Other Implemented: ORS 469.229–469.261, OL 2013 & Ch. 418 History: DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14 DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08
330-092-0070 Mailing List Pursuant to ORS 183.355(8), the Department will establish a mailing list of manufacturers for each category of regulated equipment and other interested parties to give notice of program information including proposed rulemaking. Statutory/Other Authority: ORS 469.040, 469.255, 469.261, OL 2013 & Ch. 418 (SB 692) Statutes/Other Implemented: ORS 469.229–469.261, OL 2013 & Ch. 418 History: DOE 6-2013, f. 12-23-13, cert. ef. 1-1-14 DOE 2-2008, f. 2-28-08, cert. ef. 3-1-08
330-100-0000 Notification of Rulemaking Activities Prior to the adoption, amendment or repeal of any rule, the Small Scale Local Energy Project Loan Program will give notice of the proposed adoption, amendment or repeal: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 15 days before the effective date of action; (2) By mailing a copy of the notice to persons on the Small Scale Local Energy Program's mailing list established pursuant to ORS 183.335(7); (3) By mailing a copy of the notice to the legislators specified in ORS 183.335(14) at least 28 days before the effective date of the rule; and (4) By mailing a copy of the notice to the Associated Press, the Oregonian and the Capitol Press Room. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 470.140 History: DOE 7-2004, f. & cert. ef. 12-20-04 DOE 2-1998, f. & cert. ef. 9-30-98 DOE 10-1980, f. & ef. 9-5-80
330-100-0005 Model Rules of Procedure Pursuant to ORS183.341, the Small Scale Local Energy Loan Program adopts the Attorney General's Uniform and Model Rules of Procedure Division I and II under the Administrative Procedures Act as amended and effective January 15, 2004. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or Department of Energy.] Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 470.140 History: DOE 7-2004, f. & cert. ef. 12-20-04 DOE 2-1998, f. & cert. ef. 9-30-98 DOE 10-1980, f. & ef. 9-5-80
330-105-0005 Definitions Where context permits, these definitions apply to ORS Chapter 470 and these rules: (1) "Application" or "Request" means an application submitted on a Department-approved form and its supporting papers. (2) "Adverse Decision" means a decision to deny a loan application or to make a loan in an amount contrary to advice of the Committee. (3) "Committee" means the Small Scale Local Energy Project Advisory Committee created under ORS 470.070. (4) "Secretary" means the Secretary to the Committee. He or she will be an employee chosen by the Director. (5) The definitions contained in OAR 330-110 and ORS 470.050, as amended, apply to these rules. Statutory/Other Authority: ORS 469 & 470.140 Statutes/Other Implemented: ORS 470.050 - 470.100 History: DOE 7-2004, f. & cert. ef. 12-20-04 DOE 2-1998, f. & cert. ef. 9-30-98 DOE 4-1988, f. & cert. ef. 7-26-88 DOE 2-1986, f. & ef. 3-4-86 DOE 4-1984, f. & ef. 3-6-84 Reverted to DOE 11-1980, f. & ef. 10-16-80 DOE 5-1982(Temp), f. & ef. 4-20-82 DOE 11-1980, f. & ef. 10-16-80
330-105-0007 Committee Officers and Their Powers The Committee will elect a Chair and Vice-Chair every two years. The Chair or Vice-Chair may serve until his or her successor is elected. The Chair or Vice-Chair may be removed by a unanimous vote of the other members. A vacant office will be filled by vote at the next Committee meeting. (1) The Chair will preside over all Committee meetings. Except as provided in (3) below, the Chair will sign all documents on behalf of the Committee. The Vice-Chair will fill the role of the Chair when the Chair is absent. (2) The Chair may create, and appoint members to, sub-committees. Sub-committee members are not required to vote or concur on their findings. Each may report alone to the Committee or Chair. (3) Only the Chair may sign letters in the name of the Committee unless the Committee by vote authorizes a member or the Secretary to do so. All letters of the Committee will be prepared and filed by the Secretary. The Committee must approve in advance any letters. Statutory/Other Authority: ORS 469 & 470 Statutes/Other Implemented: ORS 470.070 History: DOE 7-2004, f. & cert. ef. 12-20-04 DOE 2-1986, f. & ef. 3-4-86
330-105-0008 Committee Meetings (1) The Committee will meet at the call of the Chair. Four or more members may also call a meeting. The Chair may run meetings informally. The Chair may require that Robert's Rules of Order be used to run all or part of any meeting. (2) The agenda for each meeting will be prepared by the Secretary and the Chair. The agenda will set out all matters set to come before the Committee at the meeting. The Secretary will send the agenda and related material to members at least one week prior to a meeting. If the Chair or a majority of the members concur: (a) New matters may be added to the agenda; (b) Debate may be limited on any matter; or (c) The agenda may be revised. (3) OAR 330-105-0007 through 330-105-0045 provide for the orderly conduct of Committee meetings. Failure to strictly comply with the requirements of OAR 330-105-0007 through 330-105-0045 will not invalidate any action taken by the Committee or keep it from taking action on a matter. Statutory/Other Authority: ORS 469 & 470.140 Statutes/Other Implemented: ORS 470.070 - 470.080 History: DOE 7-2004, f. & cert. ef. 12-20-04 DOE 2-1998, f. & cert. ef. 9-30-98 DOE 2-1986, f. & ef. 3-4-86
330-105-0015 Committee Review (1) The Department will process each loan request and recommend approval or denial of the loan request and specify the amount, terms and conditions of the loan. (2) The Department will send to the Committee members for review notice of its recommendations, together with a copy of the loan request and the staff review and findings, on the following: (a) Any loan requests, other than state agency loan requests, of more than $100,000; (b) State agency loan requests of more than $500,000; (c) Loan assumption requests of more than $100,000 by non-government borrowers; and (d) Loan increase requests of more than $25,000 and more than 10 percent of the original approved loan amount where the total loan amount exceeds the limits set above for Committee review. (3) Failure of the Committee to respond to the Department within 14 days from the date of mailing of the Department's notice of its recommendations means concurrence with the Department's recommendations. Should a majority of Committee members, including the Chair, contact the Department and decline to hear the loan request before the 14 days have passed, the Department may proceed with its recommendation. (4) The Secretary will inform the Committee members, in writing, of each loan amount or loan denial recommended to the Director. Statutory/Other Authority: ORS 469 & 470.140 Statutes/Other Implemented: ORS 470.080 History: DOE 7-2004, f. & cert. ef. 12-20-04 DOE 2-1998, f. & cert. ef. 9-30-98 DOE 4-1988, f. & cert. ef. 7-26-88 DOE 2-1986, f. & ef. 3-4-86 DOE 4-1984, f. & ef. 3-6-84 DOE 3-1983(Temp), f. & ef. 9-20-83 Reverted to DOE 11-1980, f. & ef. 10-16-80 DOE 5-1982(Temp), f. & ef. 4-20-82 DOE 11-1980, f. & ef. 10-16-80
330-105-0020 Oral Comments (1) The Committee may choose whether to hear comment on any matter before it. (2) The Department will inform applicants, in writing, of the date, time, and place of any Committee meeting set to hear their requests. (3) The Committee may set time limits on comments. Statutory/Other Authority: ORS 469 & 470.140 Statutes/Other Implemented: ORS 470.080 History: DOE 7-2004, f. & cert. ef. 12-20-04 DOE 2-1998, f. & cert. ef. 9-30-98 DOE 2-1986, f. & ef. 3-4-86 DOE 4-1984, f. & ef. 3-6-84 DOE 3-1983(Temp), f. & ef. 9-20-83 Reverted to DOE 11-1980, f. & ef. 10-16-80 DOE 5-1982(Temp), f. & ef. 4-20-82 DOE 11-1980, f. & ef. 10-16-80
330-105-0025 Committee's Advice to the Director After its review, the Committee will inform the Director in writing: (1) Whether the project complies with OAR 330-110; and (2) The recommended amount and terms or conditions for the loan. Statutory/Other Authority: ORS 469 & 470.140 Statutes/Other Implemented: ORS 470.080 History: DOE 7-2004, f. & cert. ef. 12-20-04 DOE 2-1998, f. & cert. ef. 9-30-98 DOE 2-1986, f. & ef. 3-4-86 DOE 4-1984, f. & ef. 3-6-84 Reverted to DOE 11-1980, f. & ef. 10-16-80 DOE 5-1982(Temp), f. & ef. 4-20-82 DOE 11-1980, f. & ef. 10-16-80
330-105-0030 Procedure for Appeal Introduction The Director will decide the amount of any loan. If the decision is adverse, the Committee may appeal to the Governor. Statutory/Other Authority: ORS 469 & 470.140 Statutes/Other Implemented: ORS 470.090 - 470.100 History: DOE 7-2004, f. & cert. ef. 12-20-04 DOE 2-1998, f. & cert. ef. 9-30-98 DOE 2-1986, f. & ef. 3-4-86 DOE 4-1984, f. & ef. 3-6-84 DOE 3-1983(Temp), f. & ef. 9-20-83 Reverted to DOE 11-1980, f. & ef. 10-16-80 DOE 5-1982(Temp), f. & ef. 4-20-82 DOE 11-1980, f. & ef. 10-16-80
330-105-0035 Notice of Adverse Decision The Secretary will give prompt notice of any adverse decision and the reasons for such decision. Notice will be sent to the applicant and Committee members. Statutory/Other Authority: ORS 469 & 470 Statutes/Other Implemented: ORS 470.090 History: DOE 7-2004, f. & cert. ef. 12-20-04 DOE 4-1988, f. & cert. ef. 7-26-88 DOE 2-1986, f. & ef. 3-4-86 DOE 4-1984, f. & ef. 3-6-84 Reverted to DOE 11-1980, f. & ef. 10-16-80 DOE 5-1982(Temp), f. & ef. 4-20-82 DOE 11-1980, f. & ef. 10-16-80
330-105-0040 Appeal to the Committee An applicant may ask the Committee to review an adverse decision. The request must be made in writing to the Secretary within 10 working days after the date of the notice of the Director's decision. It must give the grounds for review in detail. The Secretary will send the request promptly to the Committee. Statutory/Other Authority: ORS 469 & 470 Statutes/Other Implemented: ORS 470.100 History: DOE 7-2004, f. & cert. ef. 12-20-04 DOE 2-1986, f. & ef. 3-4-86 DOE 4-1984, f. & ef. 3-6-84 Reverted to DOE 11-1980, f. & ef. 10-16-80 DOE 5-1982(Temp), f. & ef. 4-20-82 DOE 11-1980, f. & ef. 10-16-80
330-105-0045 Appeal to the Governor (1) The Committee may decide by majority vote to appeal an adverse decision to the Governor. The appeal must be made within the time allowed by law. The appeal may include a copy of the application, the staff findings and recommendations, the notice of the Director's decision, and a statement of the reasons for the appeal. It may also include transcripts or recordings of comments made to the Committee during its review. (2) The decision of the Governor is final. If the Governor fails to act within 30 days after receiving the appeal, the appeal is denied. (3) The Secretary will inform the applicant and the Committee in writing of the Governor's decision. Statutory/Other Authority: ORS 469 & 470 Statutes/Other Implemented: ORS 470.100 History: DOE 7-2004, f. & cert. ef. 12-20-04 DOE 2-1986, f. & ef. 3-4-86 DOE 4-1984, f. & ef. 3-6-84 Reverted to DOE 11-1980, f. & ef. 10-16-80 DOE 5-1982(Temp), f. & ef. 4-20-82 DOE 11-1980, f. & ef. 10-16-80
330-110-0005 Purpose, Statutory Authorization, Policy (1) The purpose of these rules is to provide procedures for the Small Scale Local Energy Loan Program and standards and criteria for projects to be met by applicants. These rules are authorized by ORS 469.040, 470.080 and 470.140. (2) It is the goal and policy of the Oregon Department of Energy and the Small Scale Local Energy Project Advisory Committee that these rules and the loan program: (a) Encourage diversity in projects; (b) Develop and maintain a loan portfolio that is reasonably balanced across market sectors and project and borrower types; and (c) Fund energy projects that support the Department’s goal for energy efficiency, generation and security without regard to energy source. Statutory/Other Authority: ORS 469 & 470.140 Statutes/Other Implemented: ORS 470.050 - 470.310 History: DOE 13-2012, f. & cert. ef. 12-20-12 DOE 7-2004, f. & cert. ef. 12-20-04 DOE 2-1998, f. & cert. ef. 9-30-98 DOE 2-1986, f. & ef. 3-4-86 DOE 4-1984, f. & ef. 3-6-84 DOE 12-1980, f. & ef. 12-16-80