justicedao/ipfs_state_laws huggingface dataset:
330-250-0140 Amendments to Performance Agreement (1) If a grantee wishes to amend a performance agreement entered into with the department under OAR 330-250-0080 or OAR 330-250-0130 or change any aspect of a community renewable energy project, the grantee must submit a written amendment request to the director. (2) The grantee must describe the proposed change to the performance agreement or community renewable energy project and the reasons for the change. (3) The grantee must demonstrate that the project, with the proposed change(s), will continue to meet the requirements of statute, rule and the opportunity announcement; be technically feasible, will operate as represented and for a development grant, will remain in operation for at least five years. The grantee has the responsibility to provide complete technical documentation supporting any amendment request. The department may deny amendment requests submitted without such justification. (4) If an amendment request does not include all information needed to complete the review, the department may provide the grantee a written request for additional information. If the grantee does not provide the requested information to the department within 30 calendar days, the department may deny the request. (5) 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 or pro-rating the award amount, based on energy generated, planning costs, or project cost. (6) The department shall not increase an award amount as the result of an amendment. (7) 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. (b) If denied, the department shall notify the grantee in writing. The notice will include the reasons for the denial of the amendment request. (c) The grantee may accept the denial of the amendment request and comply with the terms of the performance agreement or the grantee may terminate the performance agreement according to its terms and return any grant funds previously disbursed. Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 508 (House Bill 2021) Statutes/Other Implemented: Oregon Laws 2021, chapter 508 (House Bill 2021) History: DOE 6-2024, amend filed 08/23/2024, effective 09/16/2024 DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022
330-250-0150 Compliance The department reserves the right to conduct a physical inspection of all projects and to audit all grantee or partner documentation relating to a project for which a grantee and the department have entered into a performance agreement. Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 508 (House Bill 2021) Statutes/Other Implemented: Oregon Laws 2021, chapter 508 (House Bill 2021) History: DOE 6-2024, amend filed 08/23/2024, effective 09/16/2024 DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022
330-250-0160 Equity Metrics The department shall use equity metrics to evaluate program applications, inform opportunity announcements and provide a framework for overall program performance and reporting requirements. The department shall consider the information provided by applicants relating to the following equity metrics in prioritizing planning and project development proposals as directed by Oregon Laws chapter 508, section 30(10)(f): (1) The involvement and leadership of environmental justice communities in the project team as described in OAR 330-250-0030 (4)(c). (2) The manner and extent to which proposed projects serve environmental justice communities described in OAR 330-250-0010 (12). (3) The applicant’s partnerships with regional stakeholders and community groups associated with the proposed project. (4) Community outreach plan(s) associated with the proposed project, if applicable. (5) Equity framework(s) used by the applicant to guide development, implementation and/or evaluation of the proposed project, if applicable. Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 508 (House Bill 2021) Statutes/Other Implemented: Oregon Laws 2021, chapter 508 (House Bill 2021) History: DOE 1-2022, adopt filed 02/28/2022, effective 02/28/2022
330-260-0000 Purpose These rules implement an incentive program established by Oregon Laws 2021, chapter 669 (House Bill 5006) for the energy efficient rebuilding of structures damaged or destroyed in the 2020 wildfires. The rules provide procedures for: submitting incentive applications, establishing incentive amounts, agency review of incentive applications, agency verification of project completion, and compliance with the program. Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 669 (House Bill 5006) Statutes/Other Implemented: Oregon Laws 2021, chapter 669 (House Bill 5006) History: DOE 2-2022, adopt filed 03/21/2022, effective 03/21/2022
330-260-0010 Definitions For the purposes of this division, the following definitions apply: (1) “Department” means the Oregon Department of Energy. (2) “Director” means the director of the Oregon Department of Energy. (3) “Household” means all individuals who reside in the place of residence, including all family members and roommates who are not related and not part of a separate lease agreement. (4) “Manufactured dwelling” means a factory-built residential structure constructed to federal manufactured housing construction safety standards and installed in accordance with an Oregon-approved installation code (see ORS 446.003). A manufactured dwelling is not a prefabricated structure as defined in ORS 455.010. (5) “Multifamily housing structure or facility” means a structure or facility that is established primarily to provide housing that provides three or more living units, and may also provide facilities that are functionally related and subordinate to the living units for use by the occupants in social, health, educational or recreational activities. (6) “Owner” means the legal owner of the structure at the time of the application for an incentive. (7) “Residential structure” means one of the following: (a) A detached one- or two-family dwelling; (b) A townhouse not more than three stories above grade plane in height; (c) A detached owner-occupied lodging house containing not more than five guest rooms; or (d) An accessory dwelling unit. (8) “Utility incentive” means financial assistance that lowers the capital cost of a residential or commercial structure or heat pump system and that is provided directly from an electric utility as defined in ORS 757.600 or from funds provided by the Energy Trust of Oregon pursuant to ORS 757.612. Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 669 (House Bill 5006) Statutes/Other Implemented: Oregon Laws 2021, chapter 669 (House Bill 5006) History: DOE 2-2022, adopt filed 03/21/2022, effective 03/21/2022
330-260-0020 Structure Eligibility To be eligible for incentives under these rules, an appli cation must meet the following requirements: (1) The o wner must be altering, restoring, or replacing a structure in Oregon determined by the local government as having been damaged or destroyed by wildfire between August 1 and September 30, 2020. (2) The l ocal government must have approve d one of the following : (a) A building permit application to alter, restore, or replace a structure; or (b) A site permit application for a manufactured dwelling. (3) The structure being altered, restored, or replaced must be: (a) A residential structure; (b) A manufactured dwelling; (c) A multifamily housing structure or facility; or (d) A commercial or public building. (4) An owner who completed the alteration, restoration, or replacement of a structure prior to applying to the incentive program is eligible for incentives, provided they meet all other applicable eligibility requirements. Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 669 (House Bill 5006) Statutes/Other Implemented: Oregon Laws 2021, chapter 669 (House Bill 5006) History: DOE 2-2022, adopt filed 03/21/2022, effective 03/21/2022
330-260-0050 Incentives for Manufactured Dwellings (1) An owner replacing a destroyed or damaged manufactured dwelling or residential structure shall be eligible for an incentive of $12,500 at the time of purchase of a new energy efficient manufactured dwelling if: (a) The new manufactured dwelling will be sited within Oregon; and (b) The new manufactured dwelling meets or exceeds the NEEM 1.1 code for energy efficiency, or the owner is participating in one of the following qualified energy efficient manufactured dwelling replacement programs: (A) Oregon Housing and Community Services Manufactured Home Replacement Loan Program. (B) Energy Trust of Oregon Manufactured Home Replacement Program. (C) Bonneville Power Administration’s Manufactured Home Replacement Program. (D) Oregon Consumer Owned Utility new manufactured home program. (2) A new or previously owned manufactured dwelling purchased to replace a manufactured dwelling or residential structure damaged or destroyed in the 2020 wildfires may qualify for an incentive of up to $5,000 for the installation of a new heat pump system, or by supplementing or replacing an existing heating system with a heat pump system. (a) The appropriate heat pump system type and sizing of the system must be determined by a qualified contractor. (b) The heat pump system must be installed by a qualified contractor, as outlined in OAR 330-260-0070. (c) If manufactured before January 1, 2023, the heat pump system must have a baseline efficiency of 9.0 HSPF, SEER of 14, and be properly sized to the structure. If manufactured on or after January 1, 2023, the heat pump system must have a baseline efficiency of 7.6 HSPF2, SEER2 of 14.3, and be properly sized to the structure. (d) Utility and Department incentives for installation of a new heat pump, supplementing or replacing an existing heating system may not exceed the installation cost of the system. (e) The manufactured dwelling must be sited within Oregon. (3) If a manufactured homeowner has replaced their manufactured home or upgraded the heating and cooling system with a heat pump system prior to applying for this incentive program, they shall be eligible to receive an incentive provided they meet all other applicable eligibility requirements. Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 669 (House Bill 5006) Statutes/Other Implemented: Oregon Laws 2021, chapter 669 (House Bill 5006) History: DOE 3-2023, amend filed 08/17/2023, effective 08/17/2023 DOE 2-2022, adopt filed 03/21/2022, effective 03/21/2022
330-260-0060 Low- or Moderate-Income Eligibility To qualify for an incentive offered under the program for low- or moderate-income residential structure owners, the owner must provide proof of eligibility. Proof of eligibility must be provided in one of the following ways: (1) An owner will be considered eligible if the Department verifies with the Oregon Housing and Community Services Department that the owner, at the time of applying for an incentive, is eligible or was eligible in the three years prior to February 1, 2022, for one of the following Oregon Housing and Community Services Department programs: (a) Low Income Home Energy Assistance Program (LIHEAP). (b) Oregon Energy Assistance Program (OEAP). (c) Low Income Weatherization Assistance Program (LIWAP). (2) An owner will be considered eligible if the owner provides the Department an eligibility notice for the owner’s household for one of the following Oregon Department of Human Services or Oregon Health Authority programs that was received during the seven months prior to applying for an incentive with the Oregon Department of Energy: (a) Supplemental Nutrition Assistance Program (SNAP). (b) Oregon Health Plan (OHP) (Medicaid). (c) Children’s Health Insurance Program (CHIP; this option is available only for households consisting of six or fewer people). (3) An owner will be considered eligible if they provide the Department with either an Oregon Department of Revenue tax transcript or US Internal Revenue Service tax transcript for each tax filer residing at the household for the most recent tax filing year immediately preceding the current year, or the transcript for the year prior if the tax return for the most recent tax filing year has not yet been filed, that demonstrates their household income is less than or equal to 100 percent of state median income adjusted for household size. (4) An owner will be considered eligible if the Department verifies the owner meets the incentive program’s low- or moderate-income eligibility requirements or equivalent income levels with an organization, such as a local community action agency, that the Department has established an agreement with. Methods by which an organization that the Department has established an agreement with may verify a person meets the requirements in OAR 330-260-0060 or demonstrates equivalent income levels will be established in the agreement between organization and Department. Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 669 (House Bill 5006) Statutes/Other Implemented: Oregon Laws 2021, chapter 669 (House Bill 5006) History: DOE 2-2022, adopt filed 03/21/2022, effective 03/21/2022
330-260-0070 HVAC Contractor Participation and Eligibility (1) To participate in the incentive program and offer to install a heat pump in a rebuilding manufactured home, a contractor must meet the eligibility requirements provided in these rules. (2) A contractor that installs a heat pump system must hold any license, bond, insurance, or permit required to install a heat pump system and submit any requested appropriate documentation to the Department to be eligible to participate in the program. The contractor performing the installation must maintain all applicable licenses, bonds, insurance or permits throughout the construction, installation, and warranty period. Identification on one of the following lists can substitute for the need to submit appropriate documentation: (a) The contractor is listed as an Energy Trust of Oregon heat pump trade ally who is currently eligible to apply for Energy Trust of Oregon incentives on behalf of customers. (b) The contractor is identified as an approved heat pump installer on a list maintained by a consumer owned electric utility as defined in ORS 757.600 serving customers in one of the 2020 wildfire impacted areas. (c) The contractor is identified as an approved ductless heat pump installer on a list maintained by the NW Ductless Heat Pump Project serving customers in one of the 2020 wildfire impacted areas. (3) The Department reserves the right to verify all applicable licenses, bonds, insurance, permits or certifications of a contractor at any time, including a contractor’s status with utility or energy efficiency programs. Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 669 (House Bill 5006) Statutes/Other Implemented: Oregon Laws 2021, chapter 669 (House Bill 5006) History: DOE 2-2022, adopt filed 03/21/2022, effective 03/21/2022
330-260-0080 Incentive Application (1) The Department may begin accepting wildfire rebuilding incentive applications March 28, 2022. The Department may continue to accept new incentive applications throughout the duration of the program until all funds allocated to the program have been committed or prior to June 1, 2025, whichever comes first. (2) An incentive application must be submitted using a form specified by the Department, be completed in full, and include the following at a minimum: (a) Structure owner’s name. (b) Site address. (c) Mailing address (if different from site address). (d) Telephone number and email address of owner when possible. (e) Type of structure being rebuilt. (f) The incentives being applied for. (g) Building permit number, project tracking, sales or identification number, if applicable. (h) If applicable, evidence the Department deems sufficient to demonstrate applicant meets requirements under OAR 330-260-0060 to be eligible for low-income incentives. (i) If applicable, evidence the Department deems sufficient to demonstrate compliance with above code energy standards or participation in a utility new homes energy efficiency program. (j) If applicable, evidence the Department deems sufficient to demonstrate eligibility for the incentive available under OAR 330-260-0050(1) for the purchase of a new energy efficient manufactured dwelling. (k) Other information and documentation requested by the Department that is necessary to process and verify the application. (3) In addition to the information requested in OAR 330-260-0080(2), the following information is also required on an application for an incentive for heat pump system installation in a manufactured dwelling: (a) Appropriate information regarding existing heating system. (b) Heat pump system information including its efficiency and configuration. (c) Total installed cost. (d) If applicable, participation in a utility heat pump program and utility incentives received. (e) Other information and documentation requested by the Department that is necessary to process and verify the application. (4) The Department reserves the right to request additional information or documentation that the Department deems necessary to process and verify the application. (5) The Department may require a response to any request for additional information or documentation within 30 days of the Department’s correspondence. If the applicant does not respond within 30 days the applicant may lose their reserved funds. (6) A structure must have a rebuilding permit and application submitted to the Oregon Department of Energy prior to June 1, 2025, to receive an incentive. (7) The Department reserves the right to verify all applicable licenses, bonds, insurance, permits, or certifications of a contractor or owner at any time. Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 669 (House Bill 5006) Statutes/Other Implemented: Oregon Laws 2021, chapter 669 (House Bill 5006) History: DOE 3-2023, amend filed 08/17/2023, effective 08/17/2023 DOE 2-2022, adopt filed 03/21/2022, effective 03/21/2022
330-260-0090 Incentive Reservation Process (1) If the necessary funds are available the Department shall reserve the requested incentive for the owner upon receipt of a complete application form. (2) An owner may amend the requested incentive. (3) An incentive amendment application must be received prior to the Department distributing funds to the owner or prior to June 1, 2025, whichever is earliest. (4) The Department shall review applications to ensure all requested information is included before any incentive is released. The Department reserves the right to request additional information or documentation that the Department deems necessary to process and verify the application. (5) An amended incentive application must be submitted in the manner specified by the Department and include the following at a minimum: (a) Structure owner’s name. (b) Site address. (c) Mailing address (if different from site address). (d) Telephone number and email address of owner when possible. (e) Type of structure being rebuilt. (f) The changes to the incentives being applied for. (g) Building permit number, project tracking, sales or identification number, if applicable. (h) Other information and documentation requested by the Department that is necessary to process and verify the change in the application. (6) Any increase in the level of incentive applied for is subject to the availability of funds at the date the amended application is received. Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 669 (House Bill 5006) Statutes/Other Implemented: Oregon Laws 2021, chapter 669 (House Bill 5006) History: DOE 3-2023, amend filed 08/17/2023, effective 08/17/2023 DOE 2-2022, adopt filed 03/21/2022, effective 03/21/2022
330-260-0100 Completion and Verification (1) To receive the incentive the owner must notify the Department that the eligible structure has been rebuilt to the specified building code and energy efficiency requirements, and received occupancy approval by local jurisdiction code officials. (2) The rebuilding incentive will be available following Department receipt of proof of occupancy by local jurisdiction code officials and any required verification of completion by a utility company if the owner is participating in an above energy code utility program. If the incentive is for installation of a new heat pump system, the owner must provide a copy of an installation invoice. (3) After Department receipt of proof of the completion and verification, from the Department, electric utility, local jurisdiction code official, or state agency representative of installation of a qualifying manufactured home, or qualifying heat pump installation in a replacement manufactured home, the owner may receive their eligible incentive. (4) To receive an incentive, the project must be complete and the Department must receive notification prior to June 30, 2025. Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 669 (House Bill 5006) Statutes/Other Implemented: Oregon Laws 2021, chapter 669 (House Bill 5006) History: DOE 3-2023, amend filed 08/17/2023, effective 08/17/2023 DOE 2-2022, adopt filed 03/21/2022, effective 03/21/2022
330-260-0110 Compliance (1) The owner, or their contractor representative, are responsible for completing all required building code inspections and incorporating all energy efficiency measures included in the original, or amended, plan designs. (2) The owner, or their contractor representative, are responsible for completing all required utility verification inspections to participate in utility above code energy efficiency programs. (3) The Department reserves the right to conduct a physical inspection of all sites that have received an incentive and to audit all documentation relating to a project receiving an incentive. (4) The Director may order the revocation of an incentive or portion of an incentive under the program if the Director finds that the incentive was obtained by fraud or misrepresentation, or by mistake or miscalculation by the applicant or Department . As soon as the order of revocation becomes final, the Department shall proceed to recover the incentive or portion of the incentive that is subject to the order of revocation. All moneys provided to an owner or contractor attributable to the fraudulently or mistakenly obtained incentive or portion of the incentive shall be forfeited. (5) A person aggrieved by a decision of the Director to revoke or reduce the amount of an incentive may request a contested case hearing under ORS Chapter 183 (Administrative Procedures Act). Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 669 (House Bill 5006) Statutes/Other Implemented: Oregon Laws 2021, chapter 669 (House Bill 5006) History: DOE 2-2022, adopt filed 03/21/2022, effective 03/21/2022
330-270-0000 Purpose The purpose of these rules is to implement a grant program established by Oregon Laws 2022, Chapter 86, Sections 14-18 to award grants to eligible entities to provide financial assistance for the purchase and installation of heat pumps and related upgrades to individuals. The rules provide procedures for: administration of the program, application to the program, use of program funds, awarding funds, funding agreements, record keeping and reporting, and program compliance. 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