justicedao/ipfs_state_laws huggingface dataset:
330-118-0080 Use of Savings A state agency shall spend the 50 percent of net savings to increase productivity through: Energy efficiency projects; high-tech improvements, such as the purchase or installation of new desk-top or lap-top computers or the linkage of computers into systems or networks; or infrastructure improvements. The agency shall submit to Budget and Management Division a plan for use of the revolving fund through the biennial budget process. Statutory/Other Authority: ORS 469.752 - 469.756 Statutes/Other Implemented: ORS 469.752 - 469.756 History: DOE 1-1992, f. & cert. ef. 4-30-92
330-118-0090 Agreements with the Department for Technical Assistance (1) The agency may request an assessment of energy and power marketing opportunities, energy audit and/or engineering study through the Department’s Small Scale Energy Loan Program. (2) The agency may submit written requests to the Department for specific assistance, including but not limited to marketing of energy and power, engineering, architectural, and energy analysis. At the discretion of the Department, an Interagency Agreement, in accordance with ORS Chapter 190, may be executed. The Department reserves the right to charge the agency fees for work not covered by Small Scale Energy Loan Program statutes, such as arbitration, technical review, etc. (3) Any loans with the Small Scale Energy Loan Program must comply with OAR chapter 330, divisions 105 and 110. Statutory/Other Authority: ORS 469.752 - 469.756 Statutes/Other Implemented: ORS 469.752 - 469.756 History: DOE 2-1994, f. & cert. ef. 12-12-94 DOE 1-1992, f. & cert. ef. 4-30-92
330-125-0005 Purpose (1) These rules describe how the Oregon Department of Energy will select persons or businesses who will receive incentives for building electrically-heated residences that meet model energy efficiency standards. The incentives will be offered by the Department contingent on an agreement with the Bonneville Power Administration (BPA). The incentives program will test model residential conservation standards proposed for residences by the Northwest Power Planning Council. (2) Neither the Department nor the State of Oregon warrant or certify as cost-effective any measure or design for which an incentive is granted. Compliance with the model conservation standards does not guarantee or assure the safety, reliability, or performance of any energy conservation device or installation. These rules are only for the selection of incentive recipients. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 3-1984, f. & ef. 1-30-84
330-125-0020 General Eligibility Requirements (1) A home buyer or a home builder may apply for participation in the program; however, the cash incentive will be paid to the home builder and contract awarding the incentive can be signed only by the home builder. (2) An applicant must demonstrate the financial ability to build the number of single-family residences or multi-family buildings for which incentives are requested. Such residences or buildings must be built in Oregon within eight months of entering into a contract with the Department, except in the case of natural disasters, strikes, and unavoidable shortages in materials and supplies. A time extension may be granted at the discretion of the Director of the Department for reasonable delays due to unforeseeable circumstances. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 3-1984, f. & ef. 1-30-84
330-125-0022 Home Builder Eligibility Requirements (1) A home builder must demonstrate to the Department: (a) That he or she has built at least three residences since January 1, 1979; or (b) That he or she has done at least $250,000 gross business in building construction since January 1, 1979. (2) All home builders who participate in the program must be bonded and licensed as required by ORS Chapter 701. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 3-1984, f. & ef. 1-30-84
330-125-0025 General Limitations (1) Only one incentive will be granted for each residential unit. (2) The total cost of a single-family residential unit, excluding land costs, on-site and off-site improvements, may not exceed $120,000. (3) No person or company may receive an incentive for more than five single-family residential units. This limitation may be waived by the Director of the Department if a sufficient number of incentives have not been awarded within 60 days of the beginning of the selection and evaluation period. (4) No Departmental employees, BPA employees involved in the RSD Program, or their immediate families are eligible to receive an incentive under this program. (5) Proposed residences which will use heat pumps must have a gross floor area of at least 2,000 square feet. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 3-1984, f. & ef. 1-30-84
330-125-0030 Guidelines for Selection (1) The Department will announce the first date that applications will be evaluated for selection. Qualified applicants will be given a preference on a “first-in-time” basis. First-in-time is determined by the date of the postmark on the envelope containing the application or the date of receipt in the Department for applications that are delivered in person. However, all applications received before the first day for selection and evaluation will be treated as if they were post-marked or received on the first day. (2) Applications will be evaluated according to the following guidelines: (a) Attain 30 single-family model standard residences with a matched-pair control house; (b) Attain single-family residences with more than one control house; (c) Attain single-family residences with one control house; (d) Achieve a geographic distribution of residences between the climate zone of 6,000 degree-days or less and that of 6,001 degree-days or more. (See Figure 53.A, Design Criteria, Oregon Structural Specialty Code); (e) Achieve a distribution of design types based on Appendix J, Northwest Conservation and Electric Power Plan or design types provided by the Department; (f) Achieve the following distribution of single-family residences: 45 percent that have less than 1,400 sq. ft.; 35 percent that have between 1,401 and 2,000 sq. ft.; and 20 percent that have more than 2,000 sq. ft.; (g) Expedite building of residences by selecting applicants who are most prepared to build, as shown by financial resources, lot ownership, and progress on building design. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 3-1984, f. & ef. 1-30-84
330-125-0035 Application Procedures (1) An applicant shall submit an application on forms prescribed by the Department. The application shall: (a) Estimate the total cost of each proposed residential unit; (b) State the gross floor area of each proposed residential unit; (c) State the location of each proposed residence; (d) State the choice(s) of design type(s) to meet the model conservation standards; (e) Provide sufficient information to document the applicant’s financial ability to construct each residence for which an incentive is requested; (f) Provide sufficient information to document the home builder’s record of construction; (g) State number of control houses or matched-pair control houses the applicant can provide; (h) If the residence (or matched-pair control house) is a sun-tempered or passive solar design, provide a sun chart for the site; (i) State that the land is appropriately zoned; (j) Provide information on available utilities; (k) State the applicant has control over the land by ownership or by option to purchase; (l) Provide the home builder’s state registration number; (m) State the name of proposed lender that will finance construction. (2) The first day of the selection and evaluation period will be announced by the Department. Applications will be accepted until no more than 200 qualified recipients have been selected by the Department. The Director of the Department may close the application period when a sufficient number of qualified applications have been received or after 60 days, whichever is earlier. If a sufficient number of applications has not been received within 60 days, the Director may establish a second application period. (3) Applications will be assigned a file number upon receipt. (4) Applicants will be notified by the Department of the status of their applications within 30 days of their receipt by the Department. (5) Incomplete applications and applications from parties who do not meet the minimum qualifications will be returned. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 3-1984, f. & ef. 1-30-84
330-125-0040 Incentive Contract (1) Parties selected to receive an incentive must sign a contract with the Department concerning compliance with RSD Program design, siting, construction, reporting, and monitoring requirements and return the contract to the Department within 30 days of the contract being offered. Failure to sign the contract will void the Department’s offer of an incentive. Where an incentive has been reserved for a home buyer, that home buyer will have 30 days from notification by the Department to identify a home builder. That home builder then must sign a contract within 30 days of the Department’s offer of a contract. (2) The home builder contract will provide the method of payment(s) and inspection requirements that must be met before payment(s) is made. (3) The home builder contract may be made contingent upon the home builder or a potential home buyer obtaining a loan commitment to pay for building the model conservation standards residence. (4) The home builder signing the contract shall: (a) Agree to build in Oregon an electrically-heated residence(s) to the model conservation standards; (b) For residences that are not pre-sold at the time the incentive is approved, agree to request that the home buyer permit and assist in the monitoring of the residence’s energy consumption and indoor air quality by the Department or BPA. However, agreement by the home buyer to participate in monitoring is a requirement for a home builder to receive a full incentive for matched-pair residences; (c) Agree to provide cost-accounting data on the incremental costs of building to the model conservation standards; (d) Agree to allow the Department, BPA, or their agents to inspect the construction of the residence to ensure compliance with the plans approved by the Department; (e) Agree to attend and complete the technical and cost-accounting training sessions being provided by the Department and its agents. (5) Any home buyer who is identified at the time the home builder signs a contract with the Department will be required to enter into a contract with the Department. The home buyer must: (a) Agree to participate in Departmental or BPA monitoring of energy use and indoor air quality in the residence for at least one year; and (b) Agree not to require any design or construction changes that will affect the model conservation standard provisions in the residence without prior written approval of the Department. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 3-1984, f. & ef. 1-30-84
330-125-0045 Compliance with Land Use Laws Any party receiving an incentive shall agree to comply with all local land use ordinances and building codes and to obtain all necessary permits for construction of a residence. A portion or all of the incentive payment may be withheld until an occupancy permit is issued by the local jurisdiction. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 3-1984, f. & ef. 1-30-84
330-130-0010 Purpose These rules prescribe procedures to promote the design, construction and renovation of highly energy efficient buildings owned and operated by state agencies by: (1) Minimizing energy use by incorporating the Optimum Energy Conservation Measures Package as defined in these rules into the final building design and by designing all newly constructed or renovated facilities to perform a minimum of 20 percent better than the energy conservation provisions of the state building code. (2) Reporting monthly energy use for existing buildings over 5,000 square feet using more than 10,000 Btus/square foot/year to a database specified by the department. Statutory/Other Authority: ORS 276.900 - 276.915, Ch. 26 & OL 2008 HB 3612 Statutes/Other Implemented: ORS 469 History: DOE 6-2017, f. & cert. ef. 8-15-17 DOE 5-2011, f. & cert. ef. 6-27-11 DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08 DOE 4-2001, f. 11-5-01, cert. ef. 11-15-01 DOE 1-1998, f. & cert. ef. 3-26-98 DOE 1-1990, f. & cert. ef. 4-2-90
330-130-0030 Notification When the building class has been determined during the pre-design or programming phase of a building project, the following procedures shall be followed: (1) Class 1 Buildings. The agency shall notify the department of a building project prior to the release of the Request for Proposals (RFP) for contracting/design services. The agency contact shall coordinate with the department to set-up the initial meeting early in the pre-design or programming phase of a building project. (2) Class 2 Buildings. The agency shall notify the department and may request a list of recommended ECMs and services applicable to the building. Statutory/Other Authority: ORS 276.900 - 276.915 Statutes/Other Implemented: ORS 469 History: DOE 6-2017, f. & cert. ef. 8-15-17 DOE 5-2011, f. & cert. ef. 6-27-11 DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08 DOE 1-2003, f. & cert. ef. 1-10-03 DOE 4-2001, f. 11-5-01, cert. ef. 11-15-01 DOE 1-1998, f. & cert. ef. 3-26-98 DOE 1-1990, f. & cert. ef. 4-2-90
330-130-0050 Procedures for Class 2 Buildings (1) Role of the agency. (a) The agency must notify the department of Class 2 projects. (b) The agency shall determine that the design incorporates all reasonable cost-effective ECMs. ECMs or ECM packages with a Simple Payback shorter than equipment life shall be considered cost-effective for Class 2 Buildings. The agency, with assistance from the design team as necessary, shall provide preliminary benefit/cost results for each ECM implemented. (c) The agency must send the list of energy efficiency measures included in the building design to the department. (d) Upon completion of construction, the agency must send a list of the measures that were actually installed in the building to the department. (2) Role of the department. The department shall be available to the agency to advise or suggest potential energy saving measures. Statutory/Other Authority: ORS 276.900 - 276.915 Statutes/Other Implemented: ORS 469 History: DOE 6-2017, f. & cert. ef. 8-15-17 DOE 5-2011, f. & cert. ef. 6-27-11 DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08 DOE 1-2003, f. & cert. ef. 1-10-03 DOE 4-2001, f. 11-5-01, cert. ef. 11-15-01 DOE 1-1998, f. & cert. ef. 3-26-98 DOE 1-1990, f. & cert. ef. 4-2-90
330-130-0055 Procedure for Leased Buildings The department, in consultation with the agencies, shall establish guidelines for incorporating energy efficiency requirements into lease agreements of 10 years or more to be phased in as current leases expire or as agencies enter into new agreements. Statutory/Other Authority: Ch. 26 & OL 2008 HB 3612 Statutes/Other Implemented: ORS 276.900 - 276.915 History: DOE 5-2011, f. & cert. ef. 6-27-11 DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08
330-130-0060 Service Charges Charges to the agency by the department for services shall be as follows: (1) Class 1 Buildings: (a) The charges by the department to the agency will be based on an hourly rate for the actual hours worked on the project. Hourly rates charged by the department and invoiced to the agency will include salary, other payroll expenses, the federally allowed indirect rate for the department, staff travel expenses, other service or supply costs, and administrative costs. Invoices may be submitted to the agency by the department monthly commencing one month after notification. Invoices will provide the hours of service and the hourly rate. The maximum charge shall be calculated at $0.002 for each dollar of capital construction cost unless otherwise agreed to in writing by the agency and the department. (b) To ensure the agency receives the final invoice prior to closing their construction accounts, the department may invoice in advance for final building inspections and post-occupancy energy use tracking. (2) Class 2 Buildings. No charge unless the agency chooses to enter into an interagency agreement with the department. (3) Charges do not include design team or energy analyst services. The agency must obtain these services directly. Charges include all services provided by the department or their representative in fulfilling the requirements described in these rules. Charges do not include services such as described in section 330-130-0040(9) "Expanded Services" provided by the department. (4) The director may waive charges for special circumstances including, but not limited to, demonstration or pilot projects. (5) All charges are subject to review and adjustment by the director of the department. Statutory/Other Authority: ORS 276.900 - 276.915 Statutes/Other Implemented: ORS 469 History: DOE 6-2017, f. & cert. ef. 8-15-17 DOE 5-2011, f. & cert. ef. 6-27-11 DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08 DOE 1-2003, f. & cert. ef. 1-10-03 DOE 1-2002, f. 5-8-02, cert. ef. 5-13-02 DOE 4-2001, f. 11-5-01, cert. ef. 11-15-01 DOE 1-1998, f. & cert. ef. 3-26-98 DOE 1-1990, f. & cert. ef. 4-2-90
330-130-0070 Department Administrative Procedures (1) The department shall provide information and administer the program to ensure the program is in accordance with these rules. (2) Under special circumstances, the director may waive certain requirements under these rules, provided the intent of the program as described in statute is maintained. (3) The department has developed guidelines, which contain recommended procedures, instructions, and information relating to these rules. The department shall solicit agency comments on the guidelines on a biennial basis and revise the guidelines as appropriate. (4) The department shall compile information about agency participation and ECM implementation into a database. The department shall make database information available to agencies and use the data in evaluating agency compliance with the objectives of ORS 276.900 through ORS 276.915. (5) The department shall prepare a biennial report to the legislature prior to the legislative session of every odd-numbered year. Statutory/Other Authority: ORS 276.900 - 276.915 Statutes/Other Implemented: ORS 469 History: DOE 6-2017, f. & cert. ef. 8-15-17 DOE 5-2011, f. & cert. ef. 6-27-11 DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08 DOE 4-2001, f. 11-5-01, cert. ef. 11-15-01 DOE 1-1998, f. & cert. ef. 3-26-98 DOE 1-1990, f. & cert. ef. 4-2-90
330-130-0080 Procedures for Monitoring the Reduction in Energy Use by State Agencies (1) Annual energy use per square foot shall be tracked for all state owned buildings over 5,000 square feet with an annual energy use exceeding 10,000 Btus/square foot/year. The department may exempt specific buildings from reporting energy use, if deemed appropriate, i.e., if the building is to be closed or sold in the near future. (2) Agencies must report energy use on monthly intervals into the ENERGY STAR Portfolio Manager (ESPM) database, or other database as specified by the department. Energy shall be reported for each separate building or facility. When energy reporting for individual facilities is not possible due to existing energy metering configurations, such as for a campus, facilities may be grouped into a common meter for reporting purposes. Electricity and heating fuels must be tracked separately for each calendar year and entered into the database no later than March 31 of the following year. (3) When significant changes of facility size or use takes place, each agency must notify the department of the change and is responsible for making revisions to their respective ESPM account. (4) It is recommended that sub-metering of buildings and/or major energy consuming equipment is added where advisable and feasible in order to get better data on energy use and facilitate better energy management of the facilities. (5) If the building energy use exceeds the high performance target energy use for that building category, the agency shall investigate the reason for exceeding the target. The agency shall develop a plan that outlines all modifications, procedures and changes that need to be introduced until the target is met and maintained. The agency shall monitor progress and modify the plan as necessary each year until the target is reached and shall report the plan annually to the department. (6) If a building category does not have an established target EUI, the agency shall work with the department to identify a reasonable energy use target for the building. Statutory/Other Authority: ORS 276.900 - 276.915 Statutes/Other Implemented: ORS 469 History: DOE 6-2017, f. & cert. ef. 8-15-17 DOE 5-2011, f. & cert. ef. 6-27-11 DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08 DOE 1-2003, f. & cert. ef. 1-10-03 DOE 4-2001, f. 11-5-01, cert. ef. 11-15-01
330-130-0100 Pre-qualification for persons performing Energy Commissioning, Auditing, and Performance Verification Services (1) The department shall establish criteria to pre-qualify persons or firms to execute the provisions of this bill. Agencies may select persons or firms that have been pre-qualified by the department to perform auditing, commissioning, and performance verification services for energy systems. (2) Energy Auditor: (a) The department shall maintain a list of pre-qualified energy auditing firms. This list must be established through an open RFP process using a qualification-based scoring criteria to determine a person’s or firm’s ability to perform energy audits in existing buildings. (b) A qualifying firm must demonstrate expertise in the following areas: (A) Commercial and industrial technology; (B) Energy auditing equipment, heating, ventilating, and air conditioning systems; (C) Lighting design; (D) Energy efficiency technology; and: (E) Preventative maintenance procedures. (c) Agencies may use the department’s list of pre-qualified energy auditors for the selection of a person or firm to perform energy conservation measure analysis of existing buildings. (3) Commissioning Agent (a) The department maintains a list of pre-qualified commissioning firms. This list will be established through an open RFP process that uses a qualifications-based scoring criteria to determine a person’s or firm’s ability to perform commissioning of energy using systems in new and existing buildings. (b) At least one individual employed by the firm must be a member of a building commissioning professional association such as Building Commissioning Association (BCA), National Environmental Balancing Bureau (NEBB), or Associated Air Balance Council (AABC). (c) Agencies may use the department’s list of pre-qualified commissioning agents for the selection of a person or firm to perform commissioning services for energy efficiency projects in new and existing buildings. (4) Measurement and verification. (a) Agencies may select from the list of pre-qualified ESCOs described in OAR 330-130-0090(2)(b) or the list of commissioning agents described in OAR 330-130-0100(3) for the measurement and verification of implemented energy efficiency measures. Statutory/Other Authority: Ch. 26 & OL 2008 HB 3612 Statutes/Other Implemented: ORS 276.900 - 276.915 History: DOE 6-2017, f. & cert. ef. 8-15-17 DOE 5-2011, f. & cert. ef. 6-27-11 DOE 5-2008, f. 7-29-08, cert. ef. 8-1-08