justicedao/ipfs_state_laws huggingface dataset:
330-110-0012 Small Scale Local Energy Project Advisory Committee Appointments, Term and Term Limit, Renewal, Member Removal (1) Committee Appointment Process. As committee vacancies arise, the department will issue a committee member opening announcement. (a) Applicants must complete an Oregon executive appointments interest form. (b) The department may conduct in-person interviews, perform a background check and consult with current committee members. (c) An applicant may be invited to attend a committee meeting. (d) Department staff will submit a written recommendation to the director. (e) The director will consider the recommendation and make the final determination, in accordance with ORS 470.070(2). (f) If selected, the director will issue a signed letter of appointment and the applicant must accept within ten days. (2) Committee Member Term; Term Limit. (a) A committee member serves for a four-year term. (b) A member’s term starts on the date of appointment and until a successor is appointed and qualified. (c) No committee member may serve more than two terms. (3) Committee Renewal Process. Upon the recommendation of the committee, the director will review and may reappoint committee members for a second term. (4) Committee Member Removal. The director may remove a committee member for any of the following: (a) For any cause that is counter to the interests of the citizens of this state or the goals and mission of the committee, loan program or department. (b) Upon missing three scheduled committee meetings in a 12-month period, the director may remove a committee member. The department schedules six committee meetings a year. Statutory/Other Authority: ORS 469.040 & 470.140 Statutes/Other Implemented: ORS 470.050 - 470.815 History: DOE 6-2014, f. & cert. ef. 9-30-14 DOE 2-2014, f. & cert. ef. 3-7-14
330-110-0015 Eligible Costs Subject to these rules, a loan may be approved to pay for: (1) The cost of buying, building and installing a project; (2) Audit, study, commissioning and design costs; and (3) Reserves, interest, staff training and site preparation costs. Statutory/Other Authority: ORS 469 & 470.140 Statutes/Other Implemented: ORS 470.080 History: DOE 13-2012, f. & cert. ef. 12-20-12 DOE 7-2004, f. & cert. ef. 12-20-04 DOE 2-1998, f. & cert. ef. 9-30-98 DOE 1-1994, f. & cert. ef. 4-1-94 DOE 4-1988, f. & cert. ef. 7-26-88 DOE 2-1986, f. & ef. 3-4-86 DOE 4-1984, f. & ef. 3-6-84 DOE 3-1983(Temp), f. & ef. 9-20-83 DOE 2-1983, f. & ef. 5-16-83 DOE 6-1982, f. & ef. 4-21-82 DOE 12-1980, f. & ef. 12-16-80
330-110-0016 Ineligible Costs (1) Loans funded from proceeds of tax-exempt bonds may not pay capital costs incurred prior to bond issuance unless the Department has adopted a reimbursement resolution declaring an intent to reimburse capital costs that are paid after or no more than 60 days prior to such resolution. (2) Except as allowed in ORS 470.050, the proceeds of a loan may not be used to pay for parts of a project that are not consistent with energy production using renewable resources or energy conservation or that do not qualify as an alternative fuel project or recycling project, or do not meet a sustainability standard set out in the Small Scale Local Energy Loan Program Technical Requirements, unless the project is found by the Director to be a demonstration project. (3) The proceeds of a loan may only be used to pay for projects or components of a project that have longer than a 12 month simple payback. For the purposes of this subsection, "component" means a part of a project that ordinarily saves or produces energy by itself and that costs more than ten percent of total, estimated project costs. Statutory/Other Authority: ORS 469 & 470.140 Statutes/Other Implemented: ORS 470.080 History: DOE 13-2012, f. & cert. ef. 12-20-12 DOE 1-2006, f. & cert. ef. 4-3-06 DOE 7-2004, f. & cert. ef. 12-20-04 DOE 2-1998, f. & cert. ef. 9-30-98 DOE 1-1994, f. & cert. ef. 4-1-94
330-110-0025 Application (1) The Department may provide an initial review and advise whether a project appears to qualify for loan financing by the program. The Department's advice, however, does not constitute a loan approval or any other binding commitment. The Department requires that an application be submitted and the required fees be paid if a potential applicant wishes to apply for a loan after an initial review. (2) An application must be made on Department approved forms and in a manner set by the Department. (3) The Department may request an applicant's social security number in accordance with provisions of the Privacy Act of 1974. Statutory/Other Authority: ORS 469 & 470.140 Statutes/Other Implemented: ORS 470.060 & 470.080 History: DOE 13-2012, f. & cert. ef. 12-20-12 DOE 7-2004, f. & cert. ef. 12-20-04 DOE 2-1998, f. & cert. ef. 9-30-98 DOE 2-1986, f. & ef. 3-4-86 DOE 4-1984, f. & ef. 3-6-84 DOE 2-1983, f. & ef. 5-16-83 DOE 6-1982, f. & ef. 4-21-82 DOE 12-1980, f. & ef. 12-16-80
330-110-0030 Application Review Process (1) In reviewing an application for financing by the program, the Department may require an applicant to submit further documentation to determine whether a loan should be made. If the Department fails to receive any items requested of the applicant within fourteen days after making its request in writing, the loan request may be denied. If the loan request is denied and the applicant still desires to make a loan application, the applicant must submit a new application and pay again any fees and charges applicable to loan applications that are described in OAR 330-110-0055. (2) Application review and appeal must conform to ORS 470.080 to 470.100 and OAR 330-105. (3) Loan approval or denial is communicated to an applicant in writing. A Department issued approval expires on the expiration date stated in the approval, or if no date is given, 60 days after the date of the approval. If the loan is not closed prior to the date the approval expires, an applicant must submit a new application and pay the fees and charges applicable to a new loan application. Any substantial change, including but not limited to, a change in financial position, project scope or the ownership of applicant, prior to the expiration of the approval, may result in the voiding of the loan approval and require submission of a new loan application. (4) The Department may require a third party project and financial feasibility study in form and substance acceptable to the Department as a condition of approval on a loan. Applicant must pay the cost of a third party study. (5) Findings under ORS 470.090 are for the benefit of the Department for lending purposes only. They do not endorse the project, its design or its parts. They offer no assurance of any kind to any person or entity, including the applicant, for any purpose. Statutory/Other Authority: ORS 469 & 470.140 Statutes/Other Implemented: ORS 470.080 - 470.100 History: DOE 13-2012, f. & cert. ef. 12-20-12 DOE 7-2004, f. & cert. ef. 12-20-04 DOE 2-1998, f. & cert. ef. 9-30-98 DOE 4-1988, f. & cert. ef. 7-26-88 DOE 2-1986, f. & ef. 3-4-86 DOE 4-1984, f. & ef. 3-6-84 DOE 2-1983, f. & ef. 5-16-83 DOE 6-1982, f. & ef. 4-21-82 DOE 12-1980, f. & ef. 12-16-80
330-110-0035 Findings by the Director (1) To approve an application for a loan, the Director must make the following findings: (a) The project is consistent with preservation and enhancement of the environment. Factors may include whether the project saves conventional fuel, makes efficient use of a renewable resource, reduces greenhouse gas emissions or promotes sustainability. (b) The plan for the project assures its timely completion, quality and adequate funding. Funding includes adequate working capital and reserves. (c) The project meets the goals of the Department. (d) The applicant has certified as part of the application that the applicant is in compliance with applicable state and local regulations. If requested, the applicant must provide compliance documentation. Failure to disclose any issues regarding compliance or any issues of non-compliance may result in denial of an application by the Department. (e) Any other findings required by ORS 470.090. (2) The Director 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. (3) The Director may deny a loan because other sources of funding are inadequate. (4) The Director may limit the size or number of loans made by the program. Statutory/Other Authority: ORS 469 & 470.140 Statutes/Other Implemented: ORS 470.090 History: DOE 13-2012, f. & cert. ef. 12-20-12 DOE 7-2004, f. & cert. ef. 12-20-04 DOE 2-1998, f. & cert. ef. 9-30-98 DOE 1-1994, f. & cert. ef. 4-1-94 DOE 4-1988, f. & cert. ef. 7-26-88 DOE 2-1986, f. & ef. 3-4-86 DOE 1-1985, f. & ef. 1-2-85 DOE 4-1984, f. & ef. 3-6-84 DOE 3-1983(Temp), f. & ef. 9-20-83 DOE 2-1983, f. & ef. 5-16-83 DOE 6-1982, f. & ef. 4-21-82 DOE 12-1980, f. & ef. 12-16-80
330-110-0036 Public Health, Safety, and Environmental Issues (1) The policy of the Department is: (a) To accept the findings of local, state and federal agencies that license or permit projects to be built or run; and (b) To avoid influencing any of those agencies to approve or deny a license or a permit. (2) Each applicant must provide information demonstrating that the proposed project will: (a) Obtain each local, state and federal permit and license that applies to a project; (b) Comply with the express terms and conditions of each permit and license; (c) Comply with all state, federal and local laws and regulations that apply to the project; and (d) Obtain a favorable land use decision from the city or county where the project will be built. (3) The Department may issue a loan approval based on the applicant's representation or promise that each license and permit has been or will be obtained in a timely manner. If the applicant fails to obtain any required license or permit in a timely manner, the Department will revoke the loan or approval. (4) The licensing or permitting agency must confirm in writing if any license or permit named in these rules is not required. Such confirmation is not needed for conservation measures for which the Department has already confirmed that such a license or permit in not required. (5) Waterpower developers must comply with the following: (a) A project on a navigable stream or connecting to a utility must obtain a license or exemption from the Federal Energy Regulatory Commission; (b) A license or permit to use water for power must be obtained from the Water Resources Commission; and (c) The requirements of the Northwest Power and Conservation Council's Columbia Basin Fish and Wildlife Program. (6) Geothermal developers must obtain a geothermal well permit from the Department of Geology and Mineral Industries or a permit to use ground water from the Water Resources Commission. (7) Biomass cogeneration developers must obtain an air contaminant discharge permit, a waste discharge permit and a solid waste disposal permit from the Department of Environmental Quality. Statutory/Other Authority: ORS 469 & 470.140 Statutes/Other Implemented: ORS 470.090 & 470.150 History: DOE 13-2012, f. & cert. ef. 12-20-12 DOE 7-2004, f. & cert. ef. 12-20-04 DOE 2-1998, f. & cert. ef. 9-30-98 DOE 1-1994, f. & cert. ef. 4-1-94 DOE 4-1988, f. & cert. ef. 7-26-88 DOE 2-1986, f. & ef. 3-4-86 DOE 1-1985, f. & ef. 1-2-85
330-110-0042 Bond Refunding (1) The Department must pursue opportunities to refund bonds to reduce interest sums paid by the Department. (a) When the Department refunds a bond with tax-exempt bonds, the Department must share, on an equitable basis, the savings from any refunding with the affected borrowers in an amount consistent with a finding by the Director that the sinking fund has, and will continue to have, sufficient funds to make payments required under ORS 470.300(1). Affected borrowers are those whose loans were made with the proceeds of the refunded bonds. (b) For the purposes of OAR 330-110-0042(1), savings from a refunding are shared on an equitable basis if the Department receives half the savings, and the affected borrowers receive or split half the savings, net of costs, from a bond refunding. When the Internal Revenue Code or other law limits the amount of refunding savings the Department may retain or provide to the affected borrowers, the Department may receive less or more than half the savings, and the affected borrowers will receive the remainder. If multiple loans were funded from the proceeds of the refunded bonds, the affected borrowers will share the savings in proportion with their respective shares of the proceeds of the refunded bonds that were used to make their loans, adjusted for the remaining term to maturity of their loans. (2) Savings from a bond refunding accrue over the remaining term of the refunded bonds. The Department will share these savings with affected borrowers by reducing the amount of their loan payments over the remaining term of the loans. If the accumulated savings over the remaining term of a loan is less than $15,000 or if the Director finds that it is in the interest of both the Department and the borrowers, the Department may reduce the principal amount of the loan by the net present value of the savings, calculated using a discount rate of the maximum arbitrage yield of the refunding bonds as defined in Section 148 of the Internal Revenue Code. (3) The Department must not refund tax-exempt bonds with taxable bonds, unless the Department is able to share the savings associated with such a refunding with the borrowers whose loans are linked to such bonds. (4) At least 120 days before the date on which the Department intends to issue refunding bonds, the Department must notify each borrower whose loan was made from the proceeds of the bonds being refunded and must offer the borrower the opportunity to prepay the borrower’s loan. The Department will request that the borrower notify the Department of its intent to prepay their loan within 60 days of the date of the notification or risk losing the opportunity to prepay. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 469 & 470.140 Statutes/Other Implemented: ORS 470.270 History: Reverted to DOE 13-2012, f. & cert. ef. 12-20-12 DOE 2-2017(Temp), f. & cert. ef. 1-25-17 thru 7-23-17 DOE 13-2012, f. & cert. ef. 12-20-12 DOE 1-2006, f. & cert. ef. 4-3-06 DOE 7-2004, f. & cert. ef. 12-20-04 DOE 2-1998, f. & cert. ef. 9-30-98
330-110-0045 Waiver, Authority of Administrator The Director: (1) May, in writing, waive any of these rules. The waiver must serve the aims of the program, not cause financial damage to the program, and not conflict with ORS Chapter 470. (2) May contract with regulated financial institutions, state or federal agencies or others to provide services, subsidies or grants to the program. (3) May take such steps as are needed to recover loan funds and prevent their misuse, or to prevent a project from being diverted from its purposes. (4) May delegate, in writing, authority to approve, deny or amend loans and to execute bond and loan documents. A partial release of lien may be granted by the Director upon the written request of a borrower if the security value of the remaining security is adequate to secure the loan and meet the security requirements of OAR 330-110-0040. The Director will consider the creditworthiness and repayment history of the borrower in considering such a request. (5) May contract with a person to operate a project in the event of any default that results in the Department taking and running the project. (6) May settle, modify or release any person from liability for a loan so long as such action does not damage the program. (7) May take any action allowed by law to comply with federal codes and rules on bonding or to assure the payment of program bonds. Statutory/Other Authority: ORS 469 & 470.140 Statutes/Other Implemented: ORS 470.080 & 470.150 History: DOE 13-2012, f. & cert. ef. 12-20-12 DOE 7-2004, f. & cert. ef. 12-20-04 DOE 2-1998, f. & cert. ef. 9-30-98 DOE 4-1988, f. & cert. ef. 7-26-88 DOE 2-1986, f. & ef. 3-4-86 DOE 4-1984, f. & ef. 3-6-84 DOE 3-1983(Temp), f. & ef. 9-20-83 DOE 2-1983, f. & ef. 5-16-83 DOE 6-1982, f. & ef. 4-21-82 DOE 12-1980, f. & ef. 12-16-80
330-110-0046 Loan Amendments The Department may amend the terms of a loan in accordance with OAR 330-110-0046. (1) Amendments may include but are not limited to amending the interest rate or payment amount in accordance with a bond refunding, changing payment dates or extending maturity dates. (2) A borrower must request a loan amendment in writing. The request must include a detailed explanation of the amendment requested with information and documentation by the borrower that demonstrates the need for the amendment. (3) When considering a request for a loan amendment, the Department may require the borrower to submit information it deems necessary to evaluate the request, such as financial statements, collateral information and valuation. (4) The Department will only approve a loan amendment request if the amendment results in a significant increase in the security value to the loan security or significantly improves the borrower’s ability to meet its obligations in regard to the loan. (5) The borrower will be notified in writing whether or not the Department will agree to the requested loan amendment. (6) Approved loan amendments are subject to a fee of $300 plus additional charges for items listed in OAR 330-110-0055. Such charges will be estimated or itemized for the borrower. Statutory/Other Authority: ORS 469.040 & 470.080 & 470.140 Statutes/Other Implemented: ORS 470.050 & 470.815 History: DOE 13-2012, f. & cert. ef. 12-20-12
330-110-0047 Loan Forbearance The Department may consider forbearance on a loan, but will only consider forbearance if the borrower is current on its loan payments and is in compliance with the terms of its loan documents. (1) If a borrower is requesting forbearance for its loan, this loan must be current and in good standing, and have no late charges outstanding, up to and including the date the forbearance documents are signed. (2) A borrower must request forbearance in writing. The request must include a detailed explanation of the reason for the forbearance request including information and documentation that demonstrates the need for the forbearance. (3) When considering a request for forbearance, the Department may require that the borrower submit information it deems necessary to evaluate the request, such as financial statements, collateral information and valuation. (4) The borrower will, within thirty days of its request, be notified in writing whether or not the Department agrees to the loan forbearance request. (5) The Department will only approve a forbearance request from a borrower who has submitted a written plan demonstrating that the temporary suspension or reduction of loan payments will significantly increase the likelihood of full loan repayment. (6) The Department may extend a forbearance agreement beyond the initial forbearance period, if the circumstances, in the Department’s sole discretion, justify such an extension. (7) A borrower requesting forbearance must pay the Department a loan servicing fee that is calculated on the basis of the borrower’s payment amount and loan balance. Additional charges may be made for items listed in OAR 330-110-0055(4). Such charges will be estimated or itemized for the borrower before they are incurred. (8) Approval of a forbearance request will not reduce the borrower’s liability to the Department for the loan. Statutory/Other Authority: ORS 469.040 & 470.080 & 470.140 Statutes/Other Implemented: ORS 470.050 & 470.815 History: DOE 13-2012, f. & cert. ef. 12-20-12
330-110-0048 Delinquent Accounts Delinquent loans will be managed in accordance with ORS 470.170 and subject to the Department’s collection procedures, including but not limited to: (a) written demand, (b) collection of late fees, (c) acceleration of the amount due, (d) action against a guarantor or (e) any other legal remedy available to the Department. Statutory/Other Authority: ORS 469.040 & 470.080 & 470.140 Statutes/Other Implemented: ORS 470.050 & 470.815 History: DOE 13-2012, f. & cert. ef. 12-20-12
330-110-0055 Fees and Charges Pursuant to ORS 470.060, an applicant will pay the Department for costs to review, process and service a request for a loan. Applicants will pay the following fees and charges: (1) A non-refundable application fee as fixed by ORS 470.060. "Application," as used here, includes a request to assume or transfer or increase an existing loan but does not include a request for an interim loan made in an application for a permanent loan for a project. If the Department consults with an applicant on a loan before an application is submitted the applicant must pay an application fee after the first hour of consultation. The fee will be applied to the application fee for an application that is submitted within thirty days of the consultation. If an application is submitted more than thirty days after the consultation, the applicant must pay a new application fee. (2) A non-refundable underwriting fee of $500 or one-half of one percent of the loan request amount, whichever is greater, but not to exceed $5,000. (3) A loan fee of between one and four percent of the loan amount based upon the Director’s assessment of the risk profile of the project, payable at loan closing. (4) Charges for items including, but not limited to credit reports, expert advice, legal fees, construction inspections, disbursement fees, loan servicing fees and appraisals, unless charges incurred also benefit another application, in which case the charges will be divided equitably. Such charges will be estimated or itemized for the applicant before they are incurred. (5) A fee of $500 for each request to release or modify security. Additional charges may be made for items listed in OAR 330-110-0055(4). Such charges will be estimated or itemized for the applicant before they are incurred. (6) The interest rate set in a binding loan commitment may not be increased without the applicant's consent except as provided in the loan commitment or the loan documents. The interest rate for any project proposed by an eligible federal agency must be set in accordance with ORS 470.150(2). Loan contracts may provide for rates to be adjusted upon issuance of the bonds whose proceeds fund the loans. (7) The Department may offer a fee that combines the fees and charges in OAR 330-110-0055(1) through (3) and that is equal to or less than the sum of the fees and charges in 330-110-0055(1) through (3). If offered, a combined fee will apply to any applicant receiving similar loan terms. Statutory/Other Authority: ORS 469 & 470.140 Statutes/Other Implemented: ORS 470.060 & 470.150 History: DOE 13-2012, f. & cert. ef. 12-20-12 DOE 1-2006, f. & cert. ef. 4-3-06 DOE 7-2004, f. & cert. ef. 12-20-04 DOE 2-1998, f. & cert. ef. 9-30-98 DOE 1-1994, f. & cert. ef. 4-1-94 DOE 4-1988, f. & cert. ef. 7-26-88 DOE 2-1986, f. & ef. 3-4-86 DOE 4-1984, f. & ef. 3-6-84 DOE 2-1983, f. & ef. 5-16-83 DOE 6-1982, f. & ef. 4-21-82
330-112-0000 Purpose and Objectives These rules carry out provisions of ORS Chapter 470 as they pertain to the administration by the Oregon Department of Energy of the Energy Efficiency and Sustainable Technology Act of 2009. Oregon Administrative Rule, chapter 330, division 112 sets out the rules governing the department’s energy efficiency and sustainable technology loan program. The purpose of the program is to provide financing for energy efficiency upgrades of residential and commercial buildings in the State of Oregon. 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