330-135-0045 Determination Whether Green Energy Technology is Appropriate (1) The contracting agency must make a written determination whether constructing green energy technology is appropriate or whether energy use efficiency or woody biomass energy technology at the site of the public building is suitable as an addition or alternative to green energy technology. In making its determination, the contracting agency may consider factors including but not limited to: (a) Whether there is opportunity to use photovoltaic or geothermal electric, solar thermal, passive solar heating systems or the direct use of geothermal energy in building systems; (b) Whether green energy technology can be installed in a manner that meets the minimum performance requirements of OAR 330-135-0030, energy use efficiency measures can be installed in a manner that meets the minimum performance requirements of OAR 330-135-0031 or woody biomass energy technology can be installed in a manner that meets the minimum performance requirements of OAR 330-135-0032; (c) Whether the building is listed or eligible for listing on the National Register of Historic Places and the installation of green energy technology, energy use efficiency measures, or woody biomass energy technology would be disruptive to the historic character of the building; (d) Whether the installation of green energy technology, energy use efficiency measures, or woody biomass energy technology would create security risks for staff or inhabitants of the building. (2)(a) The contracting agency must also determine whether constructing green energy technology, energy use efficiency, or woody biomass energy technology away from the site is appropriate if the contracting agency: (A) Determines that constructing green energy technology, energy use efficiency, or woody biomass energy technology at the public building site is not appropriate; or (B) Prefers to construct the green energy technology, energy use efficiency, or woody biomass energy technology away from the public building site instead of at the public building site. (b) In making its determination, the contracting agency must consider whether green energy technology, energy use efficiency, or woody biomass energy technology installed away from the public building site meets the factors listed in subsection (1) of this section, the performance requirements for each technology or alternative as specified in these rules, and the requirements of ORS 279C.527(3)(a) and (b), as amended by Oregon Laws 2019 chapter 160 (HB 2496). (3) In making a written determination as to whether green energy technology is appropriate, the contracting agency is required to perform an analysis of the total solar resource fraction (TSRF) available for use at the site in accordance with ORS 279C.527(5)(B). The TSRF analysis must be performed separately for each roof and ground plane that is available for installation of green energy technology that is greater than 3000 square feet for the purposes of determining solar feasibility and green energy technology appropriateness. The TSRF analysis for each plane should consider the average TSRF across that plane. Where a public building has multiple available planes available for potential installation of green energy technology, an area-weighted average TSRF for the site should be calculated and reported to ODOE using Formula 1 (see attachment). (4) The contracting agency must report its determination to the department in accordance with the reporting requirements in OAR 330-135-0055. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 469.040, ORS 279C.528 & OL 2019, Ch. 160 (HB 2496) Statutes/Other Implemented: ORS 279C.527, ORS 279C.528 & OL 2019, Ch. 160 (HB 2496) History: DOE 2-2019, amend filed 12/19/2019, effective 01/01/2020 DOE 7-2017, amend filed 12/20/2017, effective 12/20/2017 DOE 7-2013, f. & cert. ef. 12-23-13 DOE 15-2012, f. 12-27-12, cert. ef. 1-1-13 DOE 6-2007, f. 12-31-07, cert. ef. 1-2-08