justicedao/ipfs_state_laws huggingface dataset:
330-070-0040 Other Rules and Regulations (1) AEDs must comply with all state, federal and local laws and rules that apply. (2) The policy of the department is: (a) To accept the findings of local, state and federal agencies which license or permit projects to be built or run; (b) To avoid influencing any of those agencies to approve or deny a license or a permit; and (c) To provide facts from tax credit files to such agencies when asked. (3) Each applicant must: (a) Obtain each local, state, and federal permit and license that applies to a project; (b) Agree to comply with the express terms and conditions of each permit and license; and (c) Agree to comply with all state rules and laws that apply to the project. (4) System certification and tax-credit technician status are based on the applicant's promise that each needed local, state and federal license and permit has been or will be obtained. Failure to obtain those approvals will cause the department certification or status approval to be revoked. (5) If any license or permit named in these rules does not apply to the project, the licensing or permitting agency must certify that the license or permit is not required. This does not apply to residential DHW, pool, spa and hot tub systems. (6) AED technicians must install all systems in compliance with the system manufacturer's published specifications. (7) The department will assign an energy savings for all solar domestic water heating systems. For systems approved by the department that are not Solar Rating and Certification Corporation (SRCC) certified, the department will assign an energy savings based on requirements determined comparable to SRCC ratings. Statutory/Other Authority: ORS 469.040 & 469B.103 Statutes/Other Implemented: ORS 469B.100-469B.118 & 316.116 History: DOE 6-2015, f. 11-9-15, cert. ef. 1-1-16 DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15 DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13 DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06 DOE 1-2004, f. & cert. ef. 1-21-04 DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01 DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00 DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98 DOE 1-1996, f. & cert. ef. 4-1-96 DOE 1-1995, f. & cert. ef. 1-17-95 DOE 2-1989, f. 12-28-89, cert. ef. 1-1-90 DOE 1-1989, f. & cert. ef. 6-15-89 DOE 4-1987, f. 12-18-87, ef. 1-1-88 DOE 1-1986, f. & ef. 2-7-86 DOE 7-1984, f. & ef. 12-19-84 DOE 1-1982, f. 1-12-82, ef. 2-1-82 DOE 6-1979, f. & ef. 11-13-79 DOE 5-1978, f. & ef. 9-27-78 DOE 3-1978, f. & ef. 3-7-78 DOE 12(Temp), f. & ef. 10-14-77
330-070-0048 Administrative Process for Review and Revocation of the Tax-Credit Technician Status (1) If the department receives a complaint, the tax-credit technician and employing company must be notified and given an opportunity to respond. (a) If the complaint relates to issues that the Construction Contractors Board (CCB) has authority to resolve, the complaint must be referred to the CCB for resolution. The CCB generally has authority to address construction, warranty claims or complaints involving dishonest or fraudulent conduct. Failure to comply with the order of the CCB must be grounds for revocation of tax-credit technician status. (b) In all other cases, the department must evaluate the technician's or employing company's response and determine whether a violation occurred. The department must notify the technician and employing company of its determination and, if appropriate, the necessary remedy. The department must give the technician and employing company 30 days to remedy a violation. The department may grant the technician and employing company additional time where appropriate. (2) If the technician and employing company do not take appropriate action within the time specified, the department may begin enforcement proceedings. An enforcement proceeding may be brought to revoke the tax-credit technician status, remove the company name from the department listing and to collect tax credit amounts. (3) The department may commence an enforcement proceeding by sending the technician and employing company a notice of violation. The notice must describe the violation(s) and notify the technician and employing company of the proposed penalty (revocation or collection of tax credit amounts). (4) Before the Director imposes a penalty, the technician and employing company must be given 21 days in which to request a hearing pursuant to ORS 183.310-183.550 and the applicable Attorney General's Uniform and Model Rules of Procedure. The hearing will be to contest the revocation of a system or technician tax credit status based on actions listed under OAR 330-070-0045. (5) Re-application: To reapply after the revocation of a technician tax credit status, the technician and employing company must prove to the satisfaction of the department that the problem causing revocation has been corrected. Revocation must be in effect for at least one year before that technician or employing company or any other firm with any of the same shareholders may reapply for status. Statutory/Other Authority: ORS 469.040 & 469B.103 Statutes/Other Implemented: ORS 469B.100-469B.118 & 316.116 History: DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13 DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12 DOE 4-2007, f. 11-30-07, cert. ef. 12-1-07 DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06 DOE 1-2004, f. & cert. ef. 1-21-04 DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01 DOE 2-2000, f. 12-29-00, cert. ef. 1-1-01 DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00 DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98 DOE 1-1995, f. & cert. ef. 1-17-95
330-070-0055 Consumer Information (1) A tax-credit technician must inform the owner in simple terms: (a) How to tell if the device is running correctly, and who to call if it is not; (b) How to tell if the freeze protection is in effect, and who to call if it is not; (c) What maintenance is needed, annually and long term; (d) Who will honor warranties; and (e) The conditions of the warranties including, but not limited to, how to start and keep warranties in force. (2) A tax-credit technician or employing company must provide all AED purchasers with a copy of materials listed in section (1) of this rule prior to sale of the system. Statutory/Other Authority: ORS 469.040 & 469B.103 Statutes/Other Implemented: ORS 469B.100-469B.118 & 316.116 History: DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13 DOE 16-2010, f. & cert. ef. 12-22-10 DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06 DOE 1-2004, f. & cert. ef. 1-21-04 DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01 DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00 DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98 DOE 1-1996, f. & cert. ef. 4-1-96 DOE 2-1989, f. 12-28-89, cert. ef. 1-1-90 DOE 4-1987, f. 12-18-87, ef. 1-1-88 DOE 1-1986, f. & ef. 2-7-86 DOE 7-1984, f. & ef. 12-19-84 DOE 6-1983, f. 12-16-83, ef. 1-1-84 DOE 1-1982, f. 1-12-82, ef. 2-1-82
330-070-0062 Passive Solar Space Heating AEDs (1) Installations of passive solar space heating systems must comply with all applicable state, county or local codes and regulations. (2) The estimated first year energy savings for the system must be the net usable energy produced under average environmental conditions in one year. (3) Passive solar space heating systems must produce energy savings equal to not less than 20 percent of the annual energy used for space heating in the dwelling to be eligible for a tax credit. Such systems must: (a) Have sufficient solar access not jeopardized by future buildings or tree growth; (b) Provide usable heat for the heated space; (c) Provide adequate thermal storage for solar heat gained; (d) Prevent overheating of the heated space that requires mechanical space cooling; and (e) In addition, sunspaces must: (A) Have no backup heating device; and (B) Be able to be isolated from the heated space. (4) Determination of annual performance must be based on one of the following approved methods: (a) Using the department's prescriptive passive solar heating path to achieve 20 percent savings. (b) Annual hourly simulation using an approved energy modeling software (e.g.: Energy-10). (c) Monitored data from system before and after installation of AED. (5) Costs eligible for passive solar space heating systems include: (a) The cost for thermal storage; (b) The cost of movable window insulation that is part of a passive system. It must tightly seal on all sides of the window. It must also have an R- value of at least three; (c) The cost of south-facing windows, if the requirements of section (4) of this rule are met; and (d) The cost of passive heat distribution components. (6) The department will use data supplied by the applicant to determine the amount of the tax credit. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 469.040 & 469B.103 Statutes/Other Implemented: ORS 469B.100-469B.118 & 316.116 History: DOE 6-2015, f. 11-9-15, cert. ef. 1-1-16 DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15 DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13 DOE 16-2010, f. & cert. ef. 12-22-10 DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06 DOE 1-2004, f. & cert. ef. 1-21-04 DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01 DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00 DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98 DOE 2-1989, f. 12-28-89, cert. ef. 1-1-90 DOE 1-1989, f. & cert. ef. 6-15-89 DOE 4-1987, f. 12-18-87, ef. 1-1-88 DOE 1-1986, f. & ef. 2-7-86
330-070-0063 Combined Active Solar Space and Domestic Water Heating AEDs (1) Combined active solar space and domestic water heating systems use air or water that is moved by pumps or fans to collect, store and distribute the sun's energy to a dwelling or part of a dwelling. (2) Installations of active solar space and domestic water heating systems must comply with all applicable state, county and local codes and regulations, and be verified by a tax-credit technician. (3) The estimated first-year energy savings must be based on the following: (a) The house design prior to installation of the solar energy equipment, not a base code design or reference design. (b) An annual solar utilization calculation method approved by the Director that accounts for the operating temperature of the energy storage and collector system and gives no credit for any insulation measures not directly associated with the solar AED. (c) Typical residential occupancy setpoints and operating behavior. Savings will not be granted for consumer behavior options. (4) Applicant must provide the following information: (a) Complete system design documentation with component list and controls sequence; (b) Documentation showing that the system has a minimum Total Solar Resource Fraction (TSRF) of 75 percent; (c) Annual estimated savings calculations; and (d) Solar equipment specifications and performance test data. (5) The department will use data supplied by the applicant to determine if the requirements of OAR 330-070-0022 are met. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 469.040 & 469B.103 Statutes/Other Implemented: ORS 469B.100-469B.118 & 316.116 History: DOE 6-2015, f. 11-9-15, cert. ef. 1-1-16 DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15 DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13 DOE 16-2010, f. & cert. ef. 12-22-10 DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06 DOE 1-2004, f. & cert. ef. 1-21-04 DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01 DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00 DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98 DOE 1-1996, f. & cert. ef. 4-1-96 DOE 4-1987, f. 12-18-87, ef. 1-1-88 DOE 1-1986, f. & ef. 2-7-86
330-070-0064 Photovoltaic AEDs (1) Installations of photovoltaic systems must be installed according to manufacturer's instructions, comply with all applicable Oregon codes and be verified by a tax-credit technician. (2) System size will be determined by the sum of all the photovoltaic module DC wattage ratings under standard test conditions (STC). The minimum system size must be 200 Watts DC output under STC. (3) All modules must have a minimum Total Solar Resource Fraction (TSRF) of 75 percent over the entire module. Solar electric AC modules with a TSRF of less than 75 percent will not be counted in the system size. (4) The department may verify that the modules and inverters are listed on the California Energy Commission (CEC) eligible list as of the date of the application. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 469.040 & 469B.103 Statutes/Other Implemented: ORS 469B.100–469B.118 & 316.116 History: DOE 6-2015, f. 11-9-15, cert. ef. 1-1-16 DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15 DOE 8-2013, f. 12-27-13, cert. ef. 1-1-14 DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13 DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12 DOE 16-2010, f. & cert. ef. 12-22-10 DOE 4-2007, f. 11-30-07, cert. ef. 12-1-07 DOE 4-2006, f. 12-29-06, cert. ef. 1-1-07 DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06 DOE 1-2004, f. & cert. ef. 1-21-04
330-070-0076 Premium Efficiency Biomass Combustion Alternative Energy Devices (1) To qualify for a tax credit, a premium efficiency biomass combustion device must be: (a) Less than <250,000 Btus per hour heat output. (b) Installed with a dedicated outside combustion air intake within five feet of the device, which may be a duct, barometric damper or grill. (c) Efficiency tested, as evidenced by: (A) A listing in the United States Department Environmental Protection Agency (EPA) List of EPA Certified Wood Stoves with emissions of 3.5 grams of particulate per hour or less designated in that list as a non-catalytic wood stove; (B) A listing in the List of EPA Certified Wood Stoves with emissions of 2.5 grams of particulate per hour or less if it is designated in that list as a catalytic wood or pellet stove; (C) Having a certificate of performance for the specific manufacturer and model of wood burning device from a current US EPA certified woodstove testing laboratory, tested in accordance with CSA B415.1 and submitted and approved by EPA. The certificate must show emissions of 3.5 grams of particulate per hour or less designated as a non-catalytic wood stove purchased or emissions of 2.5 grams of particulate per hour or less if it is designated as a catalytic wood or pellet stove; or (D) A certificate of performance including the grams of smoke per hour, for pellet stoves on the List of EPA Exempt Wood Heating Appliances, for the specific manufacturer and model from a currently US EPA certified stove testing laboratory, tested in accordance with CSA B415.1. The certificate must be submitted to the department. The department will use the EPA default efficiency for pellet stoves as the device efficiency beginning on January 1, 2014. (2) To qualify for a tax credit when installing a premium efficiency biomass combustion device, the dwelling must have an approved carbon monoxide detector alarm device in compliance with the Regional Technical Forum Residential Weatherization Specifications as of August 30, 2011. (3) Any other standards adopted by the department for premium efficiency biomass combustion devices as determined by the Director. Statutory/Other Authority: ORS 469.040 & 469B.103 Statutes/Other Implemented: ORS 469B.100 - 469B.118 & 316.116 History: DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15
330-070-0078 Alternative Fuel Devices (1) To qualify for a tax credit, an alternative fuel device must be permanently installed to meet all state and local safety codes. (2) Electric charging stations must be a Level 2, 240 volt AC or similar. (3) Non-electric alternative fuel fueling stations must be capable of re-fueling an alternative fuel vehicle within 14 hours. (4) Other standards adopted by the department for alternative fuel devices as determined by the Director. Statutory/Other Authority: ORS 469.040 & 469B.103 Statutes/Other Implemented: ORS 469B.100 - 469B.118 & 316.116 History: DOE 8-2014, f. 11-18-14, cert. ef. 1-1-15
330-070-0085 Fuel Cell Systems To be eligible for a tax credit under these rules, fuel cell systems must have a minimum rated stack capacity of 0.5 kW and a maximum rated system capacity of 10 kW. Statutory/Other Authority: ORS 469.040 & 469B.103 Statutes/Other Implemented: ORS 469B.100-469B.118 & 316.116 History: DOE 1-2004, f. & cert. ef. 1-21-04 DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00
330-070-0097 Electricity Producing AEDs Generating AEDs linked with an electric utility must be installed in accordance with local utility interconnect guidelines and be installed per the state electrical code. Statutory/Other Authority: ORS 469.040 & 469B.103 Statutes/Other Implemented: ORS469B.100-469B.118 & 316.116 History: DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12 DOE 16-2010, f. & cert. ef. 12-22-10 DOE 4-2007, f. 11-30-07, cert. ef. 12-1-07 DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06 DOE 1-2004, f. & cert. ef. 1-21-04 DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00 DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98 DOE 4-1987, f. 12-18-87, ef. 1-1-88 DOE 1-1986, f. & ef. 2-7-86 DOE 1-1982, f. 1-12-82, ef. 2-1-82
330-075-0005 Purpose These rules specify the form and content of information regarding Oregon gross operating revenues and energy sales to be submitted to the Department of Energy by energy resource suppliers. Such submittals are pursuant to ORS 469.421 as amended by Oregon Laws 2009, Chapter 753. The information will be used to calculate annual assessments on energy resource suppliers. 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 4-1981(Temp), f. & ef. 9-14-81 DOE 3-1981(Temp), f. & ef. 8-26-81
330-075-0015 Definitions For the purposes of OAR division 330, division 75, unless otherwise specified, the following definitions shall apply: (1) "Department" means the Oregon Department of Energy. (2) "Director" means the Director of the Oregon Department of Energy. (3) "Electric Utility" has the meaning given that term in ORS 469.300. (4) "Energy Resource Supplier" has the meaning given that term in ORS 469.421. (5) "Gross Operating Revenue" has the meaning given that term in ORS 469.421. (6) "Imported" relates to natural gas and petroleum products and includes those products not produced or salvaged from the earth or waters of the State of Oregon. (7) "Natural Gas Utility" means a person engaged in or authorized to engage in the business of supply, transmission or distribution of natural or synthetic gas. (8) "Petroleum Products" means those petroleum products subject to assessments under Section 3(4) and Section 5(4) of Oregon Laws 1981, Chapter 792. These products include: (a) Crude petroleum; (b) Fuel oil (distillate and residual); (c) Kerosene; (d) Liquefied petroleum gases; (e) Motor vehicle fuel (when used as fuel for agricultural purposes); and (f) Petroleum coke (when used as fuel in metal processing). "Petroleum products" does not include fuels subject to the requirements of Section 3 of Article IX of the Oregon Constitution, ORS 319.020 relating to aircraft and motor vehicle fuel, and ORS 319.530. (9) "Petroleum Supplier" has the meaning given that term in ORS 469.421. (10) "Person" has the meaning given that term in ORS 469.300. (11) "Proprietary Information" means information in which its owner has an important, established financial or competitive interest and value. Proprietary information shall be determined by these indicators: (a) Whether the information is treated as confidential by its owner; (b) Whether its owner has made the information available to others, and the reason for such disclosure; (c) The potential for competitive advantage that the information provides; (d) The cost of developing the information; (e) The potential for financial or competitive loss to its owner if the information is disclosed; (f) Whether the information legally is protected by patents or copyrights, etc. (12) "Retail Sales" means sales to the ultimate consumer. (13) ”Synthetic Gas” means a gas or gas mixture that is produced or collected for use as fuel. Synthetic Gas includes landfill gas, digester gas, biogas and biomethane. (14) "Ultimate Consumer" means a customer who purchases energy for his own use and not for resale. (15) "Utility" has the meaning given that term in ORS 469.300. (16) "Wholesale sales" means sales of electricity, natural gas or petroleum products for subsequent resale. 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 4-1981(Temp), f. & ef. 9-14-81 DOE 3-1981(Temp), f. & ef. 8-26-81
330-075-0025 Energy Resource Suppliers Gross Operating Revenue Reporting Requirements (1) Energy resource suppliers with one or more locations or service areas in Oregon shall complete and submit the appropriate Department-supplied form or forms based on the suppliers energy type. The information provided on the forms shall when appropriate: (a) Contain information relating to total gross operating revenue derived from the energy resource supplier's operations within Oregon during the most recently completed calendar year. Energy resource suppliers whose energy generation, transmission or distribution activities within Oregon are undertaken to directly supply the suppliers operations at the same location and not for the primary purpose of distribution or sale, shall report only gross operating revenue from supplying, transmitting or distributing energy to another person. Energy resource suppliers who receive revenue from multiple business activities shall report only the gross operating revenue from supplying, generating, transmitting or distributing energy. ; and (b) Contain gross operating revenues relating to wholesale and retail sales by the petroleum supplier of distillate fuel oil within Oregon during the most recently completed calendar year. (2) Except as provided in OAR 330-075-0035, every energy resource supplier with one or more locations in Oregon shall submit a completed Department-supplied form on or before May 1 of each year. Forms shall be considered submitted as of the post mark date or receipt at the Department, whichever is earlier. [Forms: Forms referenced are available from the agency.] 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 4-1981(Temp), f. & ef. 9-14-81 DOE 3-1981(Temp), f. & ef. 8-26-81
330-075-0030 Submission Deadline (1) Except as provided in OAR 330-075-0035, every energy resource supplier shall submit the completed ODOE Form ESA-1 required by 330-075-0025(1) on or before May 1 of each year. (2) Except as provided in OAR 330-075-0035, every petroleum supplier shall submit the completed ODOE Form ESA-2, required by 330-075-0025(2), on or before May 1, of each year. (3) Forms subject to this rule shall be deemed submitted as of the post mark date or receipt at the Department, whichever is earlier. Submissions shall be properly addressed and postage shall be prepaid. Each form shall be legible and complete. [Forms: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 183 & 469 Statutes/Other Implemented: ORS 469.421 History: Reverted to DOE 6-1984, f. & ef. 5-10-84 Suspended by 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