justicedao/ipfs_state_laws huggingface dataset:
330-067-0025 Administration of Grants (1) Technical Assistance (TA) grantees under this program shall comply with all laws, rules and procedures. These include, but are not limited to, the ICP rules in the February 19, 1993, Federal Register, Subpart A, 10 CFR 455.3. (2) TA grantees shall comply with any new rules and laws that US DOE or ODOE prescribe. Statutory/Other Authority: ORS 469.040 & 469.165 Statutes/Other Implemented: ORS 469 History: DOE 3-1993, f. & cert. ef. 8-23-93 DOE 8-1985, f. & ef. 12-30-85 DOE 4-1985, f. 4-19-85, ef. 4-22-85
330-067-0030 Recordkeeping TA grantees that receive federal dollars under this program shall make and retain records required by US DOE and ODOE. These include records which fully disclose: (1) The amount of the grant and how it was spent; (2) The total cost of the activities done under the grant; (3) The source and amount of any funds not supplied by US DOE; (4) Three years of utility data after the TAS is completed; and (5) Any information which US DOE and ODOE needs to protect the interest of the United States and the state. US DOE and ODOE shall have access to any documents or records which are related to any grant given under this program. Statutory/Other Authority: ORS 469.040 & 469.165 Statutes/Other Implemented: ORS 469 History: ODE 3-1993, f. & cert. ef. 8-23-93 DOE 8-1985, f. & ef. 12-30-85 DOE 4-1985, f. 4-19-85, ef. 4-22-85
330-067-0035 Cancellation of Grants ODOE may cancel a TA grant if the grantee fails to comply with the terms and conditions set forth in the application, ODOE Partnership Agreement, and in 10 CFR 455, as amended in the February 19, 1993, Federal Register. ODOE may cancel a grant if the grantee fails to comply with civil rights requirements. A decision to cancel a grant may be appealed to US DOE. Statutory/Other Authority: ORS 469.040 & 469.165 Statutes/Other Implemented: ORS 469 History: DOE 3-1993, f. & cert. ef. 8-23-93 DOE 8-1985, f. & ef. 12-30-85 DOE 4-1985, f. 4-19-85, ef. 4-22-85
330-067-0045 TA Programs for Schools and Hospitals (1) This section contains the rules under which ODOE shall give grants to schools and hospitals for TASs done in their buildings. (2) To be eligible to receive TA grants, an applicant must: (a) Be a school or hospital as defined in OAR 330-067-0020 and 10 CFR 455.2 in the February 19, 1993, Federal Register; (b) Be in the state; (c) Submit an EUE for the building for which a TA grant is requested. The EUE must have been done after the most recent construction, remodeling, or use change which changed energy use in the building. If the EUE is 12 months old or older when the request for TA is received by ODOE, ODOE may require an EUE update; (d) Assure that it will do all O&Ms from the on-site assessment or request ODOE approval for a waiver; (e) Assure that it will install all ECMs identified in the on-site assessment and the TAS with a combined simple payback of five years or provide in writing a good reason why a particular measure should not be installed; (f) Submit an EUE that meets the rules set by ODOE. (3) A TAS shall be done by an ODOE contractor or a TAA who is qualified under the State Plan and under OAR 330-067-0020. The TAA must consider all feasible O&Ms and feasible ECMs for a building. A TAS shall give the costs of, and the energy and cost savings likely to result from doing O&Ms. A TAS shall also give a detailed engineering analysis showing the cost of, and the energy and cost savings likely to result from installing each ECM that shows a good potential for saving energy. (4) The TAA shall prepare and submit a report which conforms to ODOE’s current TAS format and this rule. Statutory/Other Authority: ORS 469.040 & 469.165 Statutes/Other Implemented: ORS 469 History: DOE 3-1993, f. & cert. ef. 8-23-93 DOE 2-1990, f. & cert. ef. 4-19-90 (and corrected 6-27-91) DOE 8-1985, f. & ef. 12-30-85 DOE 4-1985, f. 4-19-85, ef. 4-22-85
330-067-0055 Requests for TA Grants Institutions shall submit a completed Request for Services Form. If ODOE determines the institution is eligible for a TA grant, the institution shall: (1) Complete and submit an EUE for each building for which a TA grant is requested; (2) Complete and submit an ODOE Partnership Agreement; and (3) Any other information required by ODOE or which the applicant wants considered, such as a hardship request. Statutory/Other Authority: ORS 469.040 & 469.165 Statutes/Other Implemented: ORS 469 History: DOE 3-1993, f. & cert. ef. 8-23-93 DOE 2-1990, f. & cert. ef. 4-19-90 (and corrected 6-27-91) DOE 8-1985, f. & ef. 12-30-85 DOE 4-1985, f. 4-19-85, ef. 4-22-85
330-067-0060 Applicant Certifications TA grant applicants shall certify that they: (1) Are eligible for TA. (2) Have met the rules set forth in OAR 330-067-0055. (3) Will do all O&Ms from the on-site assessment or TAS. If the institution does not intend to do all the Q&Ms, the applicant shall request ODOE approval in writing for a waiver. (4) If an institution contracts with a TAA, it will obtain from the TAA, before the TAA does any work on a TAS, a signed statement that certifies that the TAA: (a) Has no conflicting financial interests; and (b) Is qualified to do the duties of TAA in accord with the rules set by US DOE and the State Plan. (5) Will commit to doing projects. (6) Will submit all required reports. Statutory/Other Authority: ORS 469.040 & 469.165 Statutes/Other Implemented: ORS 469 History: DOE 3-1993, f. & cert. ef. 8-23-93 DOE 2-1990, f. & cert. ef. 4-19-90 (and corrected 6-27-91) DOE 8-1985, f. & ef. 12-30-85 DOE 4-1985, f. 4-19-85, ef. 4-22-85
330-067-0067 Grant Applications for State Program for Technical and Program Assistance (1) ODOE will defray the costs of the administration of the special programs for technical and program assistance by requesting a grant from US DOE. US DOE may make a grant award to a state for up to 100 percent of the funds allocated to the state for the grant program cycle provided the state meets the requirements described in 10 CFR 455.121 in the February 19, 1993, Federal Register. Grants may: (a) Not exceed more than 50 percent of the cost of the technical assistance programs; (b) Be made for up to 100 percent of the program assistance expenses. (2) This application shall conform to Subpart K, 10 CFR 121 in the February 19, 1993, Federal Register. Stat.: ORS 469.040 & 469.165 Statutes/Other Implemented: ORS 469 History: DOE 3-1993, f. & cert. ef. 8-23-93
330-067-0070 Grantee Records and Reports (1) Each grantee shall keep all the records and submit all reports required by Subpart A, 10 CFR 455.4 and Subpart J, 10 CFR 445.113, in the February 19, 1993, Federal Register. (2) ODOE shall forward on all grantee reports to US DOE. (3) For state technical and program assistance grants, ODOE shall submit reports to US DOE as required in Subpart K, 10 CFR 455.122 and 123, in the February 19, 1993, Federal Register. Statutory/Other Authority: ORS 469.040 & 469.165 Statutes/Other Implemented: ORS 469 History: DOE 3-1993, f. & cert. ef. 8-23-93 DOE 8-1985, f. & ef. 12-30-85 DOE 4-1985, f. 4-19-85, ef. 4-22-85
330-067-0075 State Evaluation of TA Grant Requests EUEs received by ODOE are reviewed to determine eligibility. Those that comply with Subparts E and L of 10 CFR 455, as amended in the February 19, 1993, Federal Register, section (2) of this rule, the State Plan and other laws and rules, will be eligible for a TA grant. Statutory/Other Authority: ORS 469.040 & 469.165 Statutes/Other Implemented: ORS 469 History: DOE 3-1993, f. & cert. ef. 8-23-93 DOE 8-1985, f. & ef. 12-30-85 DOE 4-1985, f. 4-19-85, ef. 4-22-85
330-067-0080 State Review of TA Grant Requests (1) All eligible TA requests received by ODOE will be reviewed in the manner stated in the State Plan. (2) Within the limits of available funds, applications will be funded on a first-come, first-served basis. (3) Up to ten percent of the state’s allocation in each cycle will be available for hardship grants. Hardship grants will be available to institutions based on their need or which cannot provide their 50 percent matching share. These funds will be available only to the extent needed to allow such institutions to do the project under the program: (a) ODOE shall recommend funds for hardship grants in the manner stated in the State Plan; (b) Applications for hardship funding shall be judged by ODOE to assess the relative need among applicants. The minimum amount of additional US DOE funds needed by the applicant to do the project under the ICP will be set by ODOE. Statutory/Other Authority: ORS 469.040 & 469.165 Statutes/Other Implemented: ORS 469 History: DOE 3-1993, f. & cert. ef. 8-23-93 DOE 8-1985, f. & ef. 12-30-85 DOE 4-1985, f. 4-19-85, ef. 4-22-85
330-067-0090 State Liaison, Monitoring and Reporting ODOE shall: (1) Notify institutions and coordinating agencies of any changes to the State Plan; (2) Notify each applicant if its application will receive funding. If the application will not be funded, ODOE will tell the applicant why; (3) Monitor projects funded by ICP grants. ODOE will notify US DOE of any failure by grantees to comply with ICP rules and laws; and (4) Report as required by Subparts J, K, and L of 10 CFR 455, in the February 19, 1993, Federal Register. Statutory/Other Authority: ORS 469.040 & 469.165 Statutes/Other Implemented: ORS 469 History: DOE 3-1993, f. & cert. ef. 8-23-93 DOE 8-1985, f. & ef. 12-30-85 DOE 4-1985, f. 4-19-85, ef. 4-22-85
330-067-0100 TA Grant Awards (1) ODOE may award grants to schools and hospitals for up to 50 percent of the cost of doing TASs for eligible buildings. (2) ODOE may award up to ten percent of the state’s total allocation to schools and hospitals in cases of severe hardship. (3) TA grant awards will be made by ODOE in accord with Subpart M, 10 CFR 455.144, in the February 19, 1993, Federal Register and approved State Plan. Statutory/Other Authority: ORS 469.040 & 469.165 Statutes/Other Implemented: ORS 469 History: DOE 3-1993, f. & cert. ef. 8-23-93 DOE 2-1990, f. & cert. ef. 4-19-90 (and corrected 6-27-91) DOE 8-1985, f. & ef. 12-30-85 DOE 4-1985, f. 4-19-85, ef. 4-22-85
330-067-0110 State Plan Amendments (1) ODOE’s State Plan for ICP includes all the contents set forth in Subpart B, 10 CFR 455.20, in the February 19, 1993, Federal Register. (2) Any amendments to the State Plan must be submitted to US DOE for its review and approval. With US DOE’s consent, ODOE may submit a new or amended plan at any time. Statutory/Other Authority: ORS 469.040 & 469.165 Statutes/Other Implemented: ORS 469 History: DOE 3-1993, f. & cert. ef. 8-23-93 DOE 8-1985, f. & ef. 12-30-85 DOE 4-1985, f. 4-19-85, ef. 4-22-85
330-068-0005 Purpose The purpose of these rules is to provide procedures, standards and criteria for administration by the Oregon Department of Energy of a contract agreement with the Bonneville Power Administration to acquire electricity energy savings through subcontracts with schools, hospitals, public care, government buildings and eligible facilities other than buildings. Statutory/Other Authority: ORS 183 & 469 Statutes/Other Implemented: ORS 469 History: DOE 3-1985, f. & ef. 3-20-85 DOE 5-1984, f. & ef. 4-3-84 DOE 11-1982, f. & ef. 12-17-82
330-068-0015 Availability The program is available to institutions for buildings and facilities other than buildings located in the operating area as listed in OAR 330-068-0080. Statutory/Other Authority: ORS 183 & 469 Statutes/Other Implemented: ORS 469 History: DOE 3-1985, f. & ef. 3-20-85 DOE 5-1984, f. & ef. 4-3-84 DOE 11-1982, f. & ef. 12-17-82
330-068-0025 Obligated Measures (1) The Department shall contract with an institution for TAS or ECM projects which meet the requirement of OAR 330-068-0020. The Department shall prepare and submit to Bonneville a request in the form of a table for each additional measure or group of measures for which obligations are created which extends past the end of the federal fiscal year. Each such table shall be prepared in accordance with procedures and format provided by Bonneville, and signed by the Department’s authorized contracting officer. Upon execution by Bonneville’s authorized contracting officer, such table shall become effective as of the date specified therein, provided such table is received by Bonneville on or before a date to be determined annually by Bonneville. (2) Each table shall contain the following information, as appropriate: (a) Name and address of: (A) The building, or the facility other than a building, in which a measure or measures are being installed or completed; and (B) The institution owning and operating the building or the facility other than a building; (b) The estimated cost of ECMs comprising the project which are approved by the Department for funding; (c) The estimated first year kilowatt hour savings; (d) The estimated first year energy cost savings; (e) Related Department administrative costs if applicable; and (f) The date certain of installation or completion of such measure or measures and an estimated payment schedule for progress payments, if applicable. (3) Upon execution by both parties of each table, the institution shall be obligated for the completion of the measure or measures in such table no later that the date certain established by such table, or an extension thereof in accordance with OAR 330-068-0065. (4) Upon completion of such measure or measures, and the Department’s findings of compliance with the procedures of OAR 330-068-0020, the Department shall pay the institution in accordance with OAR 330-068-0090 for such measure or measures not to exceed the amounts specified in such table. Statutory/Other Authority: ORS 183 & 469 Statutes/Other Implemented: ORS 469 History: DOE 3-1985, f. & ef. 3-20-85 DOE 5-1984, f. & ef. 4-3-84 DOE 11-1982, f. & ef. 12-17-82
330-068-0030 Payment Procedures If a measure or measures recommended in the applicable TAS but not previously eligible for payment due to environmental restrictions become eligible for payment, the Department may: (1) Pay retroactively for such measure or measures in accordance with the amounts established in OAR 330-068-0090, if such measure or measures were installed prior to the change in environmental restrictions; or (2) Pay retroactively for the installation of such measure or measures in accordance with amounts established in OAR 330-068-0090 if such measure or measures are subsequently installed. Statutory/Other Authority: ORS 183 & 469 Statutes/Other Implemented: ORS 469 History: DOE 3-1985, f. & ef. 3-20-85 DOE 5-1984, f. & ef. 4-3-84 DOE 11-1982, f. & ef. 12-17-82
330-068-0035 Limitation of Program Funds In the event of a notice from Bonneville to the Department that sufficient funds may not be available to continue this program, the Department shall pay, in accordance with amounts established in OAR 330-068-0090, for TASs and ECMs which are completed by the date of such notice, and ECMs which are contractually obligated for by the Department in accordance with 330-068-0025 by the date of such notice, subject to the total amount established for each category in the approved budget. Statutory/Other Authority: ORS 183 & 469 Statutes/Other Implemented: ORS 469 History: DOE 3-1985, f. & ef. 3-20-85 DOE 5-1984, f. & ef. 4-3-84 DOE 11-1982, f. & ef. 12-17-82
330-068-0040 Other Sources of Payment The Department shall not pay for measures funded by a cost sharing grant under the U.S. Department of Energy Institutional Buildings Grants Program. Statutory/Other Authority: ORS 183 & 469 Statutes/Other Implemented: ORS 469 History: DOE 3-1985, f. & ef. 3-20-85 DOE 5-1984, f. & ef. 4-3-84 DOE 11-1982, f. & ef. 12-17-82
330-068-0055 Program Audits The Department may, upon reasonable notice, conduct such audits, examinations, or inspections of the institution’s program records, and of the institution’s procedures under these rules as it deems appropriate. The number, timing, and extent of such audits shall be at the discretion of the Department, may be conducted by the Department staff or its designee, and shall be in accordance with audit standards established by the Comptroller General of the United States. The Department, at its expense, may: (1) Audit and examine program records and accounts maintained by the institution pursuant to the program records sections of these rules; (2) Request copies of such program records and accounts for audit purposes; (3) Conduct random inspections of installations made under these rules; all such inspections shall be arranged in advance with the institution; and (4) Review institution procedures employed in accomplishing the provisions of these rules. Statutory/Other Authority: ORS 183 & 469 Statutes/Other Implemented: ORS 469 History: DOE 3-1985, f. & ef. 3-20-85 DOE 5-1984, f. & ef. 4-3-84 DOE 11-1982, f. & ef. 12-17-82
330-068-0060 Indemnification The institution shall be an independent contractor in the implementation of this Program. Statutory/Other Authority: ORS 183 & 469 Statutes/Other Implemented: ORS 469 History: DOE 3-1985, f. & ef. 3-20-85 DOE 5-1984, f. & ef. 4-3-84 DOE 11-1982, f. & ef. 12-17-82
330-068-0065 Extension of Time for Obligated Measures The institution may, if needed, request an extension of the completion date of an obligated measure or measures contracted in accordance with OAR 330-068-0025. Such request must be submitted in writing, no later than 45 days prior to the approved completion date previously stated in the appropriate table, and shall contain the requested extension date and the reasons therefor. The Department shall notify the institution in writing, prior to the previous completion date, if the request has been granted, if a portion of the requested extension has been granted, or if the request has been denied. Statutory/Other Authority: ORS 183 & 469 Statutes/Other Implemented: ORS 469 History: DOE 3-1985, f. & ef. 3-20-85 DOE 5-1984, f. & ef. 4-3-84 DOE 11-1982, f. & ef. 12-17-82
330-068-0070 Termination of Obligated Measures (1) The Department may, by written notice of default to the institution, terminate any obligations created in accordance with OAR 330-068-0025 of this agreement as they pertain to any measure if such measure is not completed within the time specified therein, or by the time specified in an extension of time for an obligated measure or measures in accordance with 330-068-0065. (2) In the event the Department terminates any obligations created in accordance with OAR 330-068-0025 as provided in section (1) of this rule, the Department may contract for the completion of such measure upon such terms and in such manner as the Department may deem appropriate, services similar to those so terminated, and the institution shall be liable to the Department for any excess costs incurred by the Department as a result of contracting for completion of such measure or measures. (3) Unless the services to be furnished by the installer or the institution were obtainable from other sources in sufficient time to permit the institution to meet the required delivery schedule, the institution shall not be liable for any excess costs under section (2) of this rule if the failure to perform in accordance with these rules arises out of causes beyond the control and without the fault or negligence of the Department, institution, or installer. Such causes may include, but are not restricted to, acts of God or of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the control and without the fault or negligence of the Department, institution, or installer. (4) The Department may withhold from amounts otherwise due the institution for such completed services such sum as the Department determines to be necessary to protect the Department against loss. (5) The rights and remedies of the Department provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. Statutory/Other Authority: ORS 183 & 469 Statutes/Other Implemented: ORS 469 History: DOE 3-1985, f. & ef. 3-20-85 DOE 5-1984, f. & ef. 4-3-84 DOE 11-1982, f. & ef. 12-17-82
330-068-0075 Termination If the Department has advanced progress payments for a project pursuant to OAR 330-068-0090, and such project is not completed by the institution in accordance with these rules, the institution shall be liable for excess costs incurred by the Department in contracting for the completion of such project. Statutory/Other Authority: ORS 183 & 469 Statutes/Other Implemented: ORS 469 History: DOE 3-1985, f. & ef. 3-20-85 DOE 5-1984, f. & ef. 4-3-84 DOE 11-1982, f. & ef. 12-17-82
330-068-0080 Operating Area The Department may operate this agreement in the service areas (or portions thereof) of the following firm requirements power sales customers of Bonneville: (1) Ashland, City of; (2) Bandon, City of; (3) Blachly-Lane County Cooperative Electric Association; (4) Canby Utility Board; (5) Cascade Locks, City of; (6) Central Electric Cooperative; (7) Central Lincoln PUD; (8) Clatskanie PUD; (9) Columbia Basin Electric Cooperative; (10) Columbia Power Cooperative; (11) Columbia REA; (12) Columbia River PUD; (13) Consumers Power, Inc.; (14) Coos-Curry Electric Cooperative, Inc.; (15) Douglas Electric Cooperative, Inc.; (16) Drain, City of; (17) Emerald PUD; (18) Eugene Water and Electric Board; (19) Forest Grove, City of; (20) Harney Electric Cooperative; (21) Hood River Electric Cooperative; (22) Lane Electric Cooperative; (23) McMinnville, City of; (24) Midstate Electric Cooperative; (25) Milton-Freewater, City Light & Power; (26) Monmouth, City of; (27) Northern Wasco County People’s Utility District; (28) Salem Electric; (29) Springfield Utility; (30) Surprise Valley Electrification Corporation; (31) Tillamook PUD; (32) U.S. Bureau of Mines; (33) Umatilla Electric Cooperative; (34) Wasco Electric Cooperative; (35) West Oregon Electric Cooperative, Inc. Statutory/Other Authority: ORS 183 & 469 Statutes/Other Implemented: ORS 469 History: DOE 3-1985, f. & ef. 3-20-85 DOE 5-1984, f. & ef. 4-3-84 DOE 11-1982, f. & ef. 12-17-82
330-068-0085 Project Ranking Formula (1) TAS: (a) The Department shall rank TAS applications for building or occupied building according to its potential for ECMs determined by a point system based on data presented in the energy audit submitted with the application; (b) The Department shall fund TAS applications in rank order starting with the application with the highest ranking value. (2) ECM: (a) The Department shall rank ECM project applications using the following formula: Project Payment = Ranking Value E (A) Project Payment = Summation of allowable ECM costs where the allowable cost of each ECM is determined by OAR 330-068-0090(2)(a); (B) E = The summation of electrical energy savings from all ECMs, savings are equal to the life of each ECM multiplied by its estimated annual kilowatt hour savings. (b) If a project application contains a direct application renewable resource component, that component of the project estimated first year kilowatt hour savings shall be increased by ten percent for ranking purposes only; (c) The Department shall fund ECM projects in rank order starting with the project with the lowest ranking value. Statutory/Other Authority: ORS 183 & 469 Statutes/Other Implemented: ORS 469 History: DOE 3-1985, f. & ef. 3-20-85 DOE 5-1984, f. & ef. 4-3-84 DOE 11-1982, f. & ef. 12-17-82