justicedao/ipfs_state_laws huggingface dataset:
330-112-0010 Definitions As used in ORS Chapter 470 and in Oregon Administrative Rule, Chapter 330, Division 112, the following terms have the definitions set forth below unless the context requires otherwise: (1) “Act” means ORS 470.500 through 470.715. (2) “Base efficiency package” has the meaning given that term in ORS 470.050(3). (3) “Contractor” is defined in ORS 701.119.4. (4) “Department” means the Oregon Department of Energy. (5) “Director” means the director of the Oregon Department of Energy. (6) “Eligible entities” means those parties that meet with the general provisions of ORS 470.060. (7) “Energy savings projection” is defined in ORS 470.050(13). (8) “Estimated economic benefit” means the amount by which the average estimated monthly energy savings of a project exceed the project repayment costs. (9) “Financial Manager” is a financial manager as described in ORS 470.590 (10) “Measure” means the building shell and energy efficiency equipment improvements via materials and products that reduce energy use by an existing building. (11) “Nontraditional technology” means technology applicable to renewable energy sources (such as, biomass, geothermal, solar, wave, and wind), smart grid, and alternative fuels. (12) “Optional package” has the meaning given that term in ORS 470.050(21). (13) “PPFA” means the Public Purpose Fund Administrator as defined in ORS 470.050(23). (14) “Program”, “EEAST” or "EEAST program" means the energy efficiency and sustainable technology loan program. (15) “Project” means a small scale local energy project, as defined by ORS 470.050(27), being funded by the EEAST program. (16) “Sustainable energy project manager” means a sustainable energy project manager as defined in ORS 470.050(30). (17) “Property” means the property benefited by a project. (18) “Territory” or "sustainable energy territory" means the geographic service area that a sustainable energy project manager serves. (19) “Useful life” means the number of years that a project or project component will likely function without major repair or replacement. Statutory/Other Authority: ORS 470.500 - 47.0715, 2009 OL Ch. 753 & HB 3675 (2010) Statutes/Other Implemented: ORS 470.500 - 470.715, 2009 OL Ch. 753 & HB 3675 (2010) History: DOE 15-2010, f. & cert. ef. 12-15-10 DOE 8-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
330-112-0030 Sustainable EnergyTerritories (1) The boundaries for sustainable energy territories shall comply with ORS 470.530(3) (a), (b), and (c) and ORS 470.555 (2) Territory boundaries may be set by the director as necessary to accomplish the goals of the program. Statutory/Other Authority: ORS 470.500 - 47.0715, 2009 OL Ch. 753 & HB 3675 (2010) Statutes/Other Implemented: ORS 470.500 - 470.715, 2009 OL Ch. 753 & HB 3675 (2010) History: DOE 15-2010, f. & cert. ef. 12-15-10 DOE 8-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
330-112-0040 Form of Loan Assistance (1) The Department may make loans to eligible entities under the terms of written commitments. (2) Loans shall be made with proceeds from bonds issued pursuant to ORS 470.610 or other available funds obtained by the Department. The Department may establish such fees, charges, premiums, interest rates, and repayment terms, as the Department considers appropriate or necessary to provide sufficient funds to: (a) Pay for the cost of borrowing through bond issuance; and (b) Carry out the EEAST program; Further, the Department may include in the loan documentation such covenants, performance criteria and reporting requirements as the Department considers appropriate or necessary for the type, use and amount of loan provided, and such other provisions as the Department considers appropriate or necessary, to provide sufficient safeguards to protect the financial interest of the state. (3) If the Department receives loan applications in an amount greater than the amount of funds available, the Department shall select those applications which, in the judgment of the Department, best achieve the program’s goals as defined in ORS 470.500. Statutory/Other Authority: ORS 470.500 - 47.0715, 2009 OL Ch. 753 & HB 3675 (2010) Statutes/Other Implemented: ORS 470.500 - 470.715, 2009 OL Ch. 753 & HB 3675 (2010) History: DOE 15-2010, f. & cert. ef. 12-15-10 DOE 8-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
330-112-0050 Loan Evaluation, Processing and Collection (1) Projects and EEAST loans may be processed through a sustainable energy project manager. The PPFA and consumer-owned utilities that participate in the EEAST program will be the initial sustainable energy project managers within their territories. (2) The Department may make loans to entities that will use the funds to provide EEAST loans. (3) The Department or sustainable energy project manager will review all applications of eligible entities. An applicant shall submit such documentation as the Department or sustainable energy project manager may require to determine whether a loan should be approved. If any items requested by the Department or sustainable energy project manager are not received within fourteen days from the date of the request, the loan application may be denied. If a loan application is denied and an applicant chooses to re-apply, the applicant must submit a new application and again pay any applicable fees and charges. (4) The Director or sustainable energy project manager may deny a loan to any applicant that restricts membership, sales, or services on the basis of any of the protected classes listed in ORS 659A.003. (5) The final maturity of a loan shall not exceed the lesser of (a) 20 years from the date of its making, and (b) the dollar-weighted average of the useful life of the project components. (6) The director may limit the term and amount of any loan. The director may deny any loan request or set such terms and conditions as needed to assure a sound loan or to protect the program funds and the Department. (7) All EEAST loans made by the Department or sustainable energy project managers shall comply with the requirements of ORS 470.060; 470.065; 470.070; 470.080; 470.090; 470.100; 470.120; 470.150; 470.155; 470.170; 470.190; 470.200; and 470.210, to the extent not contrary to the requirements of the Act. Statutory/Other Authority: ORS 470.500 - 47.0715, 2009 OL Ch. 753 & HB 3675 (2010) Statutes/Other Implemented: ORS 470.500 - 470.715, 2009 OL Ch. 753 & HB 3675 (2010) History: DOE 15-2010, f. & cert. ef. 12-15-10 DOE 8-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
330-112-0060 Certification Standards for Contractors These standards apply to contractors participating in the construction of projects financed through the program, but not including home energy savings projections. Contractors must obtain certification under ORS 701.119 from the Construction Contractors Board to participate. To obtain certification the contractor must: (1) Prove that the contractor has sufficient skill to ensure that the contractor can successfully install energy efficiency, renewable energy or weatherization projects with a high degree of quality and customer satisfaction, such skills to be demonstrated by one of the following: (a) Oregon Home Performance certified through the ENERGY STAR Building Performance Institute (BPI); (b) Residential Energy Analyst Program (REAP) certified through the Oregon Energy Coordinators Association; or (c) Completion by its employees of training based on the curriculum developed by an accredited organization to meet the United States Department of Energy standards and any additional specifications and standards designated by the Department and PPFA. (2) Not be a contractor listed by the Commissioner of the Bureau of Labor and Industries under ORS 279C.860 as ineligible to receive a contract or subcontract for public works. (3) Be an equal opportunity employer or small business or be a minority or women business enterprise or disadvantaged business enterprise as those terms are defined in ORS 200.005. (4) Demonstrate a history of compliance with the rules and other requirements of the Construction Contractors Board and of the Workers’ Compensation Division and the Occupational Safety and Health Division of the Department of Consumer and Business Services. (5) Employ at least 80 percent of employees used for energy efficiency and sustainable technology loan program projects from the local work force, if a sufficient supply of skilled workers is available locally. (6) Demonstrate a history of compliance with federal and state wage and hour laws. (7) Pay wages to employees used for projects at a rate equal to at least 180 percent of the state minimum wage. (8) Pay wages to employees used for commercial structures at the prevailing wage rate for each trade or occupation employed. Certified contractors that provide the Department proof that they provide employees with health insurance benefits shall be identified as preferred service providers by the Department. This information must be provided annually on the anniversary of certification by the Construction Contractors Board. Statutory/Other Authority: ORS 470.500 - 47.0715, 2009 OL Ch. 753 & HB 3675 (2010) Statutes/Other Implemented: ORS 470.500 - 470.715, 2009 OL Ch. 753 & HB 3675 (2010) History: DOE 15-2010, f. & cert. ef. 12-15-10 DOE 8-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
330-112-0070 Standards for Contractors during Pilot Programs Contractors without certification may work on projects under pilot programs if no certified contractor is available, and the PPFA or sustainable energy project manager has approved the contractor. The contractor must pay wages to employees used for pilot projects at a rate equal to at least 180 percent of the state minimum wage or, if the project is for a commercial structure or is subject to prevailing wage laws, the prevailing wage for each trade or occupation employed. Statutory/Other Authority: ORS 470.500 - 47.0715, 2009 OL Ch. 753 & HB 3675 (2010) Statutes/Other Implemented: ORS 470.500 - 470.715, 2009 OL Ch. 753 & HB 3675 (2010) History: DOE 15-2010, f. & cert. ef. 12-15-10 DOE 8-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
330-112-0080 Energy Savings Projections Proposed measures shall be ranked in order of energy cost savings per dollar of measure cost before incentives, with less effective measures including in their energy savings calculations any reductions in energy use available from more effective measures. The estimated costs and energy savings calculations for each measure in the energy savings projections shall clearly and separately note all eligible rebates, tax credits or other incentives for the measure. Statutory/Other Authority: ORS 470.500 - 47.0715, 2009 OL Ch. 753 & HB 3675 (2010) Statutes/Other Implemented: ORS 470.500 - 470.715, 2009 OL Ch. 753 & HB 3675 (2010) History: DOE 15-2010, f. & cert. ef. 12-15-10 DOE 8-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
330-112-0090 Base Efficiency Package and Optional Packages Content (1) The base efficiency package and any recommended optional packages for a property shall be compiled from the results of an energy savings projection as defined in ORS 470.050(3); 470.050(13). (2) All energy savings projection evaluations shall meet with the provisions of ORS 470.635 (3) A package that does not during its useful life produce anticipated energy savings of at least 25 percent of the cost of the package is not eligible for a loan under this program; but this restriction does not apply to nontraditional technologies approved by the Department. (4) The base efficiency package for a residential dwelling served by a single meter shall include an insulation package in accordance with installation standards to at least the following, as applicable: (a) Building Envelope (A) Attic/Ceiling: insulate to R-38; (B) Floor: if currently R-11 or less, insulate to R-30 or full cavity thickness; (C) Wall: if currently R-4 or less, insulate to R-11 or fill wall cavity; and (D) Air Leakage: whole-house air sealing measures in accordance with installation standards. (5) Any measure identified in an energy savings projection that produces energy savings equal to 95 percent or more of the loan payment amount for that measure may also be included in the base efficiency package if there are sufficient loan offset grant funds available to offset measure costs to the point where energy savings and loan costs for the base efficiency package are equal. (6) All base efficiency package measures, if any, shall be included in the project before a project may include any optional packages. (7) Optional package measures may be added to a project in order of energy savings per dollar of measure cost. More efficient measures must be included in a project before less efficient measures can be considered. (8) If determined necessary by the Department, the Department may conduct a review of a project completed and financed under these rules to ensure the installation meets all of the requirements under these rules and the project manager. Statutory/Other Authority: ORS 470.500 - 47.0715, 2009 OL Ch. 753 & HB 3675 (2010) Statutes/Other Implemented: ORS 470.500 - 470.715, 2009 OL Ch. 753 & HB 3675 (2010) History: DOE 15-2010, f. & cert. ef. 12-15-10 DOE 8-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
330-112-0100 Fees Project Initiation Fee The department hereby establishes the project initiation fee for all EEAST loans at three percent of the application loan amount. Statutory/Other Authority: ORS 470.500 - 47.0715, 2009 OL Ch. 753 & HB 3675 (2010) Statutes/Other Implemented: ORS 470.500 - 470.715, 2009 OL Ch. 753 & HB 3675 (2010) History: DOE 15-2010, f. & cert. ef. 12-15-10 DOE 8-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
330-118-0000 Purpose OAR 330-118-0000 through 330-118-0090 allows state agencies to retain and spend 50 percent of the net savings from energy projects pursuant to ORS 469.752 to 469.756. 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
330-118-0020 Project Eligibility (1) Eligible projects include, but are not limited to, the following: (a) Projects which improve efficiency or attain high efficiency of energy use through energy system or process changes, equipment replacement, or waste heat recovery; (b) Projects consisting of measures meeting energy efficiency criteria encouraged or approved by the electric or gas utilities providing service to the state facility or the Department; (c) Employee awareness campaigns and on-going training; and (d) Projects that meet these eligibility requirements, that began construction or installation after September 30, 1991, and that were not completed prior to final adoption of rules. These projects are not subject to the provisions of the Offering the Right of First Refusal. (2) The following projects are not eligible: (a) A project that saves dedicated funds, which are not transferable to the General Fund; and (b) A plan of a state agency to improve the efficiency of energy use in a state-rented facility if the payback period for the project exceeds the term of the current state lease for that facility. (3) In the event eligibility is unknown or disputed, the party(ies) may petition the Director of the Department for a decision. The Director’s decision shall be final. 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
330-118-0025 Project Notice (1) Whenever an agency proposes to undertake a project under ORS 469.754 the state agency shall provide a notice to the Department and to the gas and electric utilities which serve the state facility where the project is domiciled and to a mailing list of interested persons developed by the state agency for this purpose. The notice shall be provided to any requesting person and include a statement of whether the agency intends to rely on the authority in ORS 469.754 and these rules, or whether the agency intends to rely on its own authority to proceed with the project. (2) When a state agency intends to proceed with a project other than listed in section (3) of this rule, the notice shall, in addition to the information above, include: (a) The physical location of the project(s); (b) The anticipated size or size range of the project(s) stated in annual energy (in kWh or Btu) or capacity (in kW, horsepower or pressure), and its anticipated seasonal disposition; (c) Whether the project(s) may provide steam or useful heat, and its anticipated seasonal disposition; (d) A description of how the project(s) could be developed, financed and operated; (e) An intended schedule for completion and operation of the project(s); and (f) The anticipated fuel source(s). (3) If a state agency plans a project costing less than $50,000, an energy efficiency project encompassing under 50,0000 square feet, a project affecting the efficiency of energy use in transportation, a renewable resources project which does not generate electricity, and employee awareness campaign, or project with a useful life of less than 5 years, then they are exempt from OARs 330-118-0030, 330-118-0040, 330-118-0050 and 330-118-0055. Also exempt from these rules are other projects as predesignated by the utilities which serve the state agency. ODOE will maintain a list of such predesignated exempt projects. 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
330-118-0030 Right of First Refusal (1) To exercise their right to first negotiate and right of first refusal the electric and gas utilities which serve the project’s domicile must submit a proposal in response to an agency’s procurement solicitation. (2) A state agency shall provide the electric and gas utilities which serve the project’s domicile, and any other potential suppliers, timely access to the project site for the audit and planning purposes. (3) An electric or gas utility which serves the project’s domicile that wants to negotiate for or to match any sales of a project’s electrical or steam output which may be sold must state such interest in their proposal in response to the agency’s procurement solicitation. (4) A state agency is not obligated by these rules to commit to utility proposals to buy electricity, develop, finance, operate or otherwise act together in energy conservation or cogeneration and renewable resource projects which generate electricity or sell energy or power to electric utilities or the Bonneville Power Administration. These rules do not alter the agency’s or utility’s rights and obligations under ORS 758.505–758.555 and 18 CFR 292. et seq. 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
330-118-0050 Negotiating Agreement The agency is authorized to enter into such contractual and other arrangements as may be necessary or convenient to design, develop, operate and finance a project at state-owned or state-rented facilities. Utilities may be vendors. The procedure shall be: (1) Upon entering into a commitment with a vendor, the agency appoints representative(s) to work with the vendor to develop the project. Within three months the agency representative(s) and the vendor complete a project plan, including commissioning and training; develop a detailed budget; decide the allocation of risks and responsibilities of each party from project development through operation; determine costs to be assumed by the agency and by the vendor; determine length of agreement; set timelines. (2) The agency and the vendor execute a written agreement within two months of completing the above tasks. (3) The Department resolves disputes between agency and vendor arising from the project. The director’s decision is final. (4) If changes to the project are made subsequent to the written agreement, the agreement may be amended. 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
330-118-0055 Disposition of Steam and Electricity (1) An agency is not obligated to sell any or all of a project’s energy, power, steam, or any other energy form. (2) If an electric or gas utility which serves the project’s domicile has responded according to OAR 330-118-0030(3) the agency shall initiate an auction for the sales of the electric output or steam which the utility has expressed interest in acquiring. The auction shall be open to all potential buyers of the energy and solicit bids. Upon evaluation of bids, and with consultation with the Department, the agency may select buyer(s) for contract negotiations. The agency reserves the right to reject all proposals. If an agency determines that negotiations are at an impasse, it may terminate negotiations and select another buyer. If an agency judges an offer from an electric or gas utility which serves the project’s domicile to be of equal merit to the highest ranking offer, the utility’s offer shall be deemed a match and be selected for contract negotiations, all else equal. Upon written notice from the agency at the close of the auction the electric and gas utilities which serve the state facility where the project is domiciled shall have the right to match the best offer available to the agency for a period of 30 days. The agency may use competitive negotiations to select the best offer. The utility will have the right to match the best offer whether or not competitive negotiations are used. Should two utilities which serve the project’s domicile be judged to have the highest ranking offers, the agency may select either one. Criteria for selecting buyers of steam and electricity shall include: (a) Transaction costs; (b) Risks retained by the agency; (c) Term; and (d) Impact on estimated net savings over the life of the project. (3) Nothing in these rules impairs an agency’s rights under any other provisions of law including rights to market energy from qualifying facilities according to ORS 758.505–758.555 and the implementing rules and orders of the Oregon Public Utility Commission, and 18 CFR 292 et. seq. Nothing in these rules affects any authority, including the authority of a state agency or a municipality to regulate utility service or the development and use of electricity, gas or steam. 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
330-118-0060 Budget Not Cut The net savings shall not be deducted from the agency’s budget throughout the savings period, as long as the project produces savings. When preparing its biennial budget request the agency may use the baseline energy budget. This amount may be adjusted by an inflationary factor to cover increases in utility rates or fuel costs, increases in energy costs due to weather variations, or similar events causing changes in energy use. 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
330-118-0070 Retaining Fifty Percent of Net Savings A state agency that implements a project in accordance with this rule may retain 50 percent of the net savings and maintain its baseline energy budget by: (1) Prior to implementation of the project, the agency shall submit to the Budget and Management Division: (a) Notification in writing of their intent to exercise their 50 percent savings option, pursuant to ORS 469.754; and (b) Performance measures pertaining to the project. (2) The agency shall send annual reports of monitored savings and net savings for the project to the Budget and Management Division by September 1 of each year. (3) Upon Budget and Management Division approval, the agency shall transfer from its operations account half the amount of the accrued net savings to the revolving fund. The balance shall be transferred to the State’s General Fund. 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