reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.303 - Limitations on amount of potential tax credits for energy conservation projects; allocation; rules.

(1) The total amount of potential tax credits for all energy conservation projects in this state may not, at the time of preliminary certification under ORS 469B.288, exceed:
(a) $28 million for any biennium; or
(b) $7.5 million for the six months beginning July 1, 2017, and ending December 31, 2017.
(2) In the event that the Director of the State Department of Energy receives applications for preliminary certification with a total amount of certified costs for potential tax credits in excess of the limitations in subsection (1) of this section, the director shall allocate the issuance of preliminary certifications according to standards and criteria established by rule by the director. [2011 c.730 §49]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.306 - Policies and procedures; standards for single energy conservation project; rules.

The State Department of Energy shall by rule establish policies and procedures for the administration and enforcement of the provisions of ORS 315.331 and 469B.270 to 469B.306 and section 36, chapter 730, Oregon Laws 2011, including standards for what constitutes a single energy conservation project. [2011 c.730 §50]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.320 - Definitions for ORS 315.336 and 469B.320 to 469B.347.

As used in ORS 315.336 and 469B.320 to 469B.347:
(1) "Acquisition of an alternative fuel vehicle fleet" includes the replacement of two or more vehicles that are not used primarily for personal, family or household purposes, that are modified or acquired directly from the factory and that:
(a) Use an alternative fuel, including electricity, biofuel, gasohol with at least 20 percent denatured alcohol content, hydrogen, Hythane, methane, methanol, natural gas, propane or any other fuel approved by the Director of the State Department of Energy as an alternative fuel; and
(b) Produce lower exhaust emissions, or are more energy efficient, than equivalent vehicles fueled by gasoline or diesel.
(2) "Alternative fuel vehicle infrastructure project" includes a facility for mixing, storing, compressing or dispensing fuels for alternative fuel vehicles, and any other necessary and reasonable equipment.
(3) "Alternative fuel vehicle project" means:
(a) The acquisition of an alternative fuel vehicle fleet; or
(b) An alternative fuel vehicle infrastructure project.
(4) "Cost" includes capital expenditures and core expenses such as vehicle repair, fuel, personnel and administrative expenses.
(5) "Transportation project" means:
(a) Transit services provided to members of the public by a public or nonprofit entity that receives state or federal funding for those services, or is the direct recipient of funding from an entity that receives state or federal funding for the services; or
(b) An alternative fuel vehicle project. [2011 c.730 §56; 2012 c.45 §7; 2013 c.774 §13]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.323 - Transferability of project tax credit; determination of prices; rules.

(1) The owner of a transportation project may transfer a tax credit for the project in exchange for a cash payment equal to the present value of the tax credit.
(2) The State Department of Energy shall establish by rule a formula to be employed in the determination of prices of credits transferred under this section. In establishing the formula the department shall incorporate inflation projections and market real rate of return.
(3) The department shall recalculate credit transfer prices quarterly, employing the formula established under subsection (2) of this section. [2011 c.730 §57]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.326 - Application for preliminary certification; eligibility; contents; fees; certification to remain valid for three years; rules.

(1) Prior to the acquisition or performance of a transportation project, a person may apply to the State Department of Energy for preliminary certification for the project under ORS 469B.329 if:
(a) The project complies with the standards adopted by the Director of the State Department of Energy; and
(b) The applicant will be the owner, contract purchaser or lessee of the project at the time of acquisition or performance of the project.
(2) An application for preliminary certification shall be made in writing on a form prepared by the department and shall contain:
(a) A statement that the applicant plans to acquire or perform a project that substantially reduces the consumption of purchased petroleum energy.
(b) A detailed description of the project and its operation and information showing that the project will operate as represented in the application and remain in operation for at least five years, unless the director by rule specifies another period of operation.
(c) Information on the amount by which consumption of purchased petroleum energy by the applicant will be reduced, and, if applicable, information about the expected level of project performance.
(d) The anticipated total project cost.
(e) Information on the number and types of jobs, directly connected to the allowance of the credit, that will be:
(A) Created by the project; and
(B) Sustained throughout the acquisition and performance of the project.
(f) Information demonstrating that the project will comply with applicable state and local laws and regulations and obtain required licenses and permits.
(g) Any other information the director considers necessary to determine whether the project is in accordance with the provisions of ORS 469B.320 to 469B.347, and any applicable rules or standards adopted by the director.
(3) An application for preliminary certification shall be accompanied by a fee established under ORS 469B.335. The director may refund all or a portion of the fee if the application for certification is rejected.
(4) The director may allow an applicant to file the application for preliminary certification after the start of acquisition or performance of the project if the director finds that:
(a) Filing the application before the start of acquisition or performance is inappropriate because special circumstances render filing earlier unreasonable; and
(b) The project would otherwise qualify for certification under ORS 469B.320 to 469B.347.
(5) A preliminary certification shall remain valid for a period of three calendar years after the date on which the preliminary certification is issued by the director, after which the certification becomes invalid even if:
(a) The applicant is awaiting identification of a pass-through partner; or
(b) The preliminary certification has been amended. [2011 c.730 §58; 2012 c.45 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.329 - Submissions for preliminary certification; alteration, conditions, suspension or denial of preliminary certification.

(1) The Director of the State Department of Energy may require an applicant for certification of a transportation project to submit plans, specifications and contract terms, and after examination of the plans, specifications and terms may request corrections and revisions.
(2) If the director determines that the project is technically feasible and should operate in accordance with the representations made by the applicant, and is in accordance with the provisions of ORS 469B.320 to 469B.347 and any applicable rules or standards adopted by the director, the director may issue a preliminary certificate approving the acquisition or performance of the project. The certificate shall indicate the potential amount of tax credit allowable and shall list any conditions for claiming the credit.
(3) In accordance with ORS chapter 183, the director may issue an order altering, conditioning, suspending or denying preliminary certification if the director determines that:
(a) The project does not comply with the provisions of ORS 469B.320 to 469B.347 and applicable rules and standards;
(b) The applicant has previously received preliminary or final certification for the project;
(c) The applicant was directly involved in an act for which the director has levied civil penalties or revoked, canceled or suspended any certification under ORS 469B.130 to 469B.169 or 469B.320 to 469B.347; or
(d) The applicant or the principal, director, officer, owner, majority shareholder or member of the applicant, or the manager of the applicant if the applicant is a limited liability company, is in arrears for payments owed to any government agency while in any capacity with direct or indirect control over a business. [2011 c.730 §59]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.335 - Fees for certification; rules.

By rule and after hearing, the Director of the State Department of Energy may adopt a schedule of reasonable fees that the State Department of Energy may require of applicants for preliminary or final certification of a transportation project under ORS 469B.320 to 469B.347. Before the adoption or revision of the fees, the department shall estimate the total cost of the program to the department. The fees shall be used to recover the anticipated cost of administering and enforcing the provisions of ORS 469B.320 to 469B.347, including filing, investigating, granting and rejecting applications for certification and ensuring compliance with ORS 469B.320 to 469B.347 and shall be designed not to exceed the total cost estimated by the department. Any excess fees shall be held by the department and shall be used by the department to reduce any future fee increases. The fee may vary according to the size and complexity of the project. The fee is not considered part of the cost of the project to be certified. [2011 c.730 §61]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.338 - Certificate required for tax credits; certification not to exceed five years.

(1) A certificate issued under ORS 469B.332 is required for purposes of obtaining tax credits in accordance with ORS 315.336. Such certification shall be granted for a period not to exceed five years. The five-year period shall begin with the tax year of the applicant during which the completed application for final certification of the transportation project under ORS 469B.332 is received by the State Department of Energy.
(2) If the original owner of the certificate uses any portion of the credit, the certificate becomes nontransferable.
(3) For a transferee holding a credit that has been transferred under ORS 469B.323, the five-year period shall begin with the tax year in which the transferee pays for the credit. [2011 c.730 §62]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.341 - Suspension or revocation of certificate or portion of certificate.

The Director of the State Department of Energy may order the suspension or revocation of a certificate or a portion of a certificate issued under ORS 469B.332, as provided in ORS 315.061, for the reasons set forth in ORS 315.061 or if the director finds that:
(1) The holder of the certificate or the operator of the transportation project has failed to acquire or perform the project in compliance with the plans, specifications and contract terms in the certificate; or
(2) The project is no longer in operation. [2011 c.730 §63; 2019 c.483 §14]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.344 - Limitation on amount of potential tax credits for transportation projects.

(1)(a) The total amount of potential tax credits for all transportation projects in this state may not, at the time of preliminary certification under ORS 469B.329, exceed $20 million for any biennium.
(b) For each tax year, the Director of the State Department of Energy may allocate a percentage of the amount allowed in paragraph (a) of this subsection to alternative fuel vehicle projects and a percentage to transit services.
(2) Notwithstanding ORS 315.336, in the event that the director receives applications for preliminary certification with a total amount of potential tax credits in excess of the limits set by the director pursuant to subsection (1)(b) of this section, the director shall allocate the issuance of preliminary certifications among applicants as follows:
(a) If an excess of applications for credits for transit services is received, the director shall allocate the issuance of preliminary certifications among applicants for credits for transit services and proportionately reduce the amount of allowed credit, with no applicant receiving more than 20 percent of the amount established under subsection (1)(b) of this section for transit services.
(b) The director may allocate the issuance of preliminary certifications among applicants for credits for alternative fuel vehicle projects and may award credits for less than the amount otherwise allowed applicants.
(c) If, after making any reductions required under paragraph (a) of this subsection, an unallocated amount remains, the director shall allocate this additional amount among applicants affected by the percentage restriction in paragraph (a) of this subsection. [2011 c.730 §64; 2012 c.45 §10; 2013 c.774 §15]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.347 - Policies and procedures; standards for single transportation project; rules.

The State Department of Energy shall by rule establish policies and procedures for the administration and enforcement of the provisions of ORS 315.336 and 469B.320 to 469B.347, including standards for what constitutes a single transportation project. [2011 c.730 §65]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.400 - Fuel blends and solid biofuels; qualification for tax credits; rules.

The State Department of Energy shall by rule identify categories of fuel blend and solid biofuel that qualify for the personal income tax credit allowed under ORS 315.465. [Formerly 469.785]
Note:
Sections 8a and 8b (2), chapter 739, Oregon Laws 2007, provide:
Sec. 8a.
The State Department of Energy shall periodically conduct an impact study of the biofuels program. The study will include but is not limited to the following criteria with respect to the biofuel sector in this state:
(1) Jobs created;
(2) Average wage rates for those jobs;
(3) The provision of health care and other benefits;
(4) The extent to which workforce training opportunities are being provided to employees;
(5) The number of acres of biofuel feedstock planted;
(6) The number of gallons of biofuel blended fuel produced and consumed in the state;
(7) The cost of fuel with biofuel blends and how that compares with the cost of petroleum fuel;
(8) Environmental impacts such as reductions in greenhouse gas emissions and other toxic air pollution;
(9) The impact of biofuel feedstock production on the price of commodity crops and the cost of food staples; and
(10) The extent to which Oregon producers import biofuel or biofuel feedstock from outside the state. [2007 c.739 §8a]
Sec. 8b.
(2) Section 8a of this 2007 Act is repealed January 2, 2025. [2007 c.739 §8b(2)]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.450 - Rebates for home energy efficiency retrofits; rebates for high-efficiency appliance and nonappliance upgrades.

(1) The State Department of Energy, in consultation with the Housing and Community Services Department, shall establish:
(a) A whole-home energy savings program to provide rebates to individual homeowners, multifamily building owners and aggregators for home energy efficiency retrofits; and
(b) A high-efficiency electric home rebate program to provide rebates for the purchase and installation of appliances and nonappliance upgrades.
(2) In establishing a program under this section, the State Department of Energy shall:
(a) Consult with stakeholders, including consumer-owned utilities, as defined in ORS 757.270, and investor-owned utilities, as defined in ORS 469.631; and
(b) Ensure the program maximizes benefits for applicants by leveraging federal and state resources. [2023 c.562 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.463 - Heat Pump Deployment Advisory Council.

(1) The Heat Pump Deployment Advisory Council is established.
(2) The council consists of representatives from eligible entities administering grant funds under the Heat Pump Deployment Program established under ORS 469B.460.
(3) The council shall study and identify:
(a) Best practices for administering grant funds and providing financial assistance;
(b) Barriers to administering grant funds and providing financial assistance; and
(c) Opportunities for providing technical assistance.
(4) A majority of the members of the council constitutes a quorum for the transaction of business.
(5) Official action by the council requires the approval of a majority of the members of the council.
(6) The council shall elect one of its members to serve as chairperson.
(7) The council shall meet at times and places specified by the call of the chairperson or of a majority of the members of the council. The council may meet by telephone or video conference.
(8) The council may adopt rules necessary for the operation of the council.
(9) Members of the council are entitled to compensation and expenses as provided in ORS 292.495 from moneys in the Heat Pump Deployment Fund established under ORS 469B.466.
(10) The State Department of Energy shall provide staff support to the council. [2022 c.86 §15]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.480 - Grants to assist landlords with providing community cooling spaces.

(1) The State Department of Energy shall provide a grant to the nongovernmental entity that administers public purpose charge moneys under ORS 757.612 (3)(d) to enable the nongovernmental entity to assist landlords in creating or operating, whenever there is an extreme heat event for the forecast zone of the premises as described in ORS 90.355, one or more private community cooling spaces available to the landlord’s tenants during the extreme heat event that are on or near the premises and that maintain a temperature of not higher than 80 degrees Fahrenheit.
(2) Assistance provided under this section may include:
(a) Grants to landlords to create or operate community cooling spaces that will accommodate at least five individuals.
(b) Information to landlords regarding:
(A) Lists of providers and installers of suitable cooling devices;
(B) Private and government programs that may be used to create or operate community cooling spaces; and
(C) Best practices and model technical specifications for installing and operating various temporary and permanent community cooling spaces.
(c) Promoting the services relating to community cooling spaces under this section that are provided by the nongovernmental entity.
(3) The nongovernmental entity receiving a grant under this section shall maintain separate accounting of the expenditures of the grant funds and shall report the accounting to the Public Utility Commission and the independent auditor described in ORS 757.746 (1)(d). The nongovernmental entity may not utilize moneys received under ORS 757.054 (4) or 757.612 (3)(d) for grant purposes under this section. [2022 c.86 §24; 2023 c.442 §77]
Note:
Sections 26 and 28, chapter 86, Oregon Laws 2022, provide:
Sec. 26. Study of cooling and electrical needs of publicly supported housing.
(1) The State Department of Energy shall study the cooling and electrical needs of publicly supported housing as defined in ORS 456.250, manufactured dwelling parks and recreational vehicle parks. The study should detail information including but not limited to the following:
(a) The prevalence of cooling facilities;
(b) The need for cooling facilities;
(c) Barriers to transitioning housing and parks to include cooling facilities; and
(d) When possible, specific scenarios for properties in development or preservation to add cooling facilities.
(2) The Building Codes Division of the Department of Consumer and Business Services shall provide assistance in conducting the study under this section. [2022 c.86 §26]
Sec. 28.
Section 26 of this 2022 Act is repealed on January 2, 2025. [2022 c.86 §28]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.991 - Civil penalty when contractor certificate revoked.

(1) The Director of the State Department of Energy may impose a civil penalty against a contractor if a contractor certificate is revoked under ORS 469B.118. The amount of the penalty shall be equal to the total amount of tax relief estimated to have been provided under ORS 316.116 to the contractor or to purchasers of the system for which a contractor’s certificate has been revoked.
(2) The State Department of Energy may not collect any of the amount of a civil penalty imposed under subsection (1) of this section from a purchaser of the system for which the final certificate has been revoked.
(3) Civil penalties under this section shall be imposed as provided in ORS 183.745.
(4) A penalty recovered under this section shall be paid into the State Treasury and credited to the General Fund and is available for general governmental expenses. [Formerly 469.994; 2015 c.701 §34; 2019 c.483 §12]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 470 - Small Scale Local Energy Projects › Section 470.060 - Application for financing; content; fee.

(1) The following may file with the State Department of Energy an application to obtain moneys for a small scale local energy project as provided in this chapter:
(a) An individual who is an Oregon resident;
(b) An Oregon business;
(c) A nonprofit or public cooperative;
(d) A nonprofit corporation;
(e) An eligible federal agency;
(f) An eligible state agency;
(g) A public corporation created by this state;
(h) An intergovernmental entity created pursuant to an intergovernmental agreement under ORS 190.003 to 190.130;
(i) A special district;
(j) A local improvement district;
(k) A public university listed in ORS 352.002; or
(L) A municipal corporation.
(2) Applications to obtain financing for a small scale local energy project shall be made in writing on a form prescribed by the State Department of Energy. Applications submitted to the State Department of Energy shall:
(a) Describe the nature and purpose of the proposed small scale local energy project.
(b) State whether any purposes other than energy production, but consistent with energy production, will be served by the proposed small scale local energy project, and the nature of the other purposes, if any.
(c) Include an evaluation of the potential of the small scale local energy project to meet local community energy needs.
(d) Include an evaluation of the potential environmental impacts of the small scale local energy project.
(e) State whether any moneys other than those in the loan fund are proposed to be used for the development of the proposed small scale local energy project, and whether any other moneys are available or have been sought for the project.
(f) Describe the source of moneys for repayment of the loan applied for.
(3) If the application is for a loan other than an energy efficiency and sustainable technology loan to an individual, a fee of one-tenth of one percent of the amount of the loan applied for or $2,500, whichever is less, shall be submitted with each application. In addition, the applicant may be required to pay for costs incurred in connection with the application that exceed the application fee and which the Director of the State Department of Energy determines are incurred solely in connection with processing the application. The applicant shall be advised of any additional costs the applicant must pay before the costs are incurred. [1979 c.672 §2; 1981 c.50 §2; 1983 c.188 §2; 1985 c.593 §3; 1997 c.29 §2; 2005 c.201 §4; 2009 c.753 §55; 2015 c.767 §175]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 470 - Small Scale Local Energy Projects › Section 470.065 - Confidentiality of information provided by or on behalf of applicant.

(1) The following records, communications and information furnished by or on behalf of the applicant under this chapter shall be confidential and maintained as such, if so requested in writing by the person providing the information:
(a) Personal financial statements;
(b) Financial statements of applicants;
(c) Customer lists;
(d) Information of an applicant pertaining to litigation to which the applicant is a party if the complaint has been filed, or if the complaint has not been filed, if the applicant shows that such litigation is reasonably likely to occur;
(e) Production, sales and cost data;
(f) Marketing strategy information that relates to an applicant’s plan to address specific markets or the applicant’s strategy regarding specific competitors, or both; and
(g) Technical information or data related to an applicant’s proposed small scale local energy project, including but not limited to any description, analysis, evaluation or projection regarding the project or a component of the project.
(2) The confidentiality provided by subsection (1)(d) of this section does not apply to concluded litigation. Nothing in subsection (1)(d) of this section limits any right granted by discovery statutes to a party to litigation or potential litigation. [1991 c.118 §2; 2005 c.201 §5; 2007 c.71 §152]
Note:
470.065 was added to and made a part of ORS chapter 470 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 470 - Small Scale Local Energy Projects › Section 470.070 - Small Scale Local Energy Project Advisory Committee.

(1) The Director of the State Department of Energy shall appoint a Small Scale Local Energy Project Advisory Committee to review applications made under ORS 470.060 and rules adopted under ORS 470.080, other than applications for energy efficiency and sustainable technology loans, and make recommendations regarding those applications to the director.
(2) Nine members shall be appointed to the Small Scale Local Energy Project Advisory Committee. Each member shall be appointed to serve a four-year term, commencing on the date of appointment, and until a successor is appointed and qualified. The members shall represent the interest of the citizens of this state and shall be knowledgeable in the areas of small scale energy technology, natural resource development, environmental protection, finance, agriculture, local government operations and utility operations. At least three members shall reside outside the Willamette Valley.
(3) The committee shall elect its own presiding officer, adopt rules for its procedure and meet on call of the presiding officer or a majority of the members. A majority of the members shall constitute a quorum to do business. The director shall provide administrative facilities and services for the committee.
(4) Members of the Small Scale Local Energy Project Advisory Committee shall be entitled to expenses as provided by ORS 292.495. [1979 c.672 §3; 1987 c.365 §1; 2003 c.186 §56; 2009 c.753 §56; 2009 c.760 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 470 - Small Scale Local Energy Projects › Section 470.080 - Standards for small scale local energy projects; rules; review of applications; referral to committee; committee criteria.

(1) After consultation with the Small Scale Local Energy Project Advisory Committee, the Director of the State Department of Energy shall establish by rule standards and criteria for small scale local energy projects to be funded under this chapter other than projects funded through energy efficiency and sustainable technology loans. The standards and criteria shall operate to encourage diversity in projects funded, give preference to the maximum extent practical to projects proposed by individuals and small businesses, ensure acceptability of environmental impacts and shall require consideration of the potential contribution of a project if developed at other suitable locations to meeting the energy needs of this state. The standards and criteria shall give the least preference to projects proposed by an eligible federal agency.
(2) All applications submitted under ORS 470.060 shall be reviewed by the State Department of Energy. The department may request that the applicant submit additional information or revise the application. The department shall:
(a) Determine whether the application meets the standards and criteria adopted under subsection (1) of this section; and
(b) Recommend approval or denial of the loan application, and if approval is recommended in what amount the loan should be made.
(3) After concluding its review, unless the application meets the criteria established by the committee under subsection (4) of this section, the department shall refer the application and its findings and recommendation to the committee for its review. The department shall notify the applicant of the date, time and place of any oral presentation to the committee on the application. The committee shall review the application and the department’s findings and recommendations and advise the director whether the proposed small scale local energy project meets the criteria established by the director under subsection (1) of this section, whether the project should be financed with moneys from the Small Scale Local Energy Project Loan Fund and in what amount the loan should be made if approved.
(4) The committee may provide for direct referral of an application by the department to the director if the application meets criteria established by the committee. [1979 c.672 §4; 1981 c.50 §3; 1997 c.29 §3; 2003 c.186 §57; 2009 c.753 §57]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 470 - Small Scale Local Energy Projects › Section 470.090 - Approval or rejection of project financing by director; certification of amount of loan; findings; notice.

(1) After consideration of the recommendation of the Small Scale Local Energy Project Advisory Committee or the State Department of Energy as provided by ORS 470.080, the Director of the State Department of Energy may approve or reject the financing of a small scale local energy project described in an application filed as provided in ORS 470.060, using moneys in the Small Scale Local Energy Project Loan Fund. Approval of a loan by the director shall include a certification of the amount of the loan.
(2) The director’s approval of a loan for a small scale local energy project shall be based on a finding that:
(a) The proposed small scale local energy project meets established standards and criteria under ORS 470.080;
(b) The proposed project is consistent with the preservation and enhancement of environmental quality;
(c) The proposed project is feasible and a reasonable risk from practical and economic standpoints;
(d) The plan for development of the project is satisfactory;
(e) The applicant is qualified, creditworthy and responsible and is willing and able to enter into a contract with the director for development and repayment as provided in ORS 470.150 or 470.645;
(f) There is a need for the proposed small scale local energy project and the applicant’s financial resources are adequate to provide the working capital to maintain the project after completion;
(g) Moneys in the loan fund are or will be available for the development of the proposed small scale local energy project;
(h) A dwelling constructed before January 1, 1979, that will be served by a proposed space heating project is weatherized according to the standards established under ORS 469.155;
(i) Except for a proposed space heating project for a dwelling under paragraph (h) of this subsection, the loan does not finance any project for which the projected economic value of the energy savings of the project during the first year the project is implemented is equal to or greater than the cost of the project; and
(j) The loan will not preclude individuals and small businesses from access to loan moneys.
(3) The director shall notify the applicant and the presiding officer of the committee of the director’s action and of the reasons for that action. The director shall inform the applicant of the review procedure established in ORS 470.100. [1979 c.672 §5; 1981 c.50 §4; 1981 c.565 §4; 1983 c.188 §3; 2003 c.186 §58; 2005 c.201 §6; 2009 c.753 §58]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 470 - Small Scale Local Energy Projects › Section 470.100 - Committee review of rejection or approval in different amount; committee appeal to Governor; finality of Governor’s action.

(1) If the Director of the State Department of Energy rejects a loan application or approves a loan amount different than that requested by the applicant, the applicant may request that the Small Scale Local Energy Project Advisory Committee review the director’s action.
(2) The committee may review the director’s action on its own motion or at the request of the applicant. A majority of the members of the committee may authorize the presiding officer of the committee to appeal the director’s action to the Governor.
(3) An appeal of the director’s action may be initiated by the presiding officer of the committee no later than 45 days after the date the applicant receives notice of the director’s action under ORS 470.090.
(4) The decision of the Governor is final. If the Governor fails to act within 30 days after receiving the appeal, the appeal shall be considered to be denied.
(5) Notwithstanding ORS chapter 183, a decision of the director or the Governor on an application for financing under ORS 470.090 or this section is not subject to judicial review. [1979 c.672 §6; 2003 c.186 §59; 2009 c.753 §59]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 470 - Small Scale Local Energy Projects › Section 470.110 - Gifts credited to Small Scale Local Energy Project Loan Fund.

The Director of the State Department of Energy may accept gifts of money or other property from any source, given for the purposes of ORS 470.050 to 470.120, 470.140 (1) and 470.150 to 470.210. Money so received shall be paid into the Small Scale Local Energy Project Loan Fund. Money or other property so received shall be used for the purposes for which received. [1979 c.672 §12; 2003 c.186 §60; 2009 c.753 §60]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 470 - Small Scale Local Energy Projects › Section 470.120 - Limit on loan to amount not funded by other sources.

If the applicant receives from any source other than the Small Scale Local Energy Project Loan Fund, the Energy Project Supplemental Fund or the Energy Project Bond Loan Fund any moneys to assist in the development of the project, the amount of the loan to the applicant from the Small Scale Local Energy Project Loan Fund, Energy Project Supplemental Fund or Energy Project Bond Loan Fund shall be limited to that amount necessary for the development of those portions of the project not funded by other sources. [1979 c.672 §15; 2009 c.753 §61]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 470 - Small Scale Local Energy Projects › Section 470.130 - Appropriation of Small Scale Local Energy Project Loan Fund.

All moneys in the Small Scale Local Energy Project Loan Fund created by Article XI-J of the Oregon Constitution are appropriated continuously to the State Department of Energy and shall be used for the purposes authorized under this chapter. [1979 c.672 §16; 2003 c.186 §61; 2009 c.753 §62]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 470 - Small Scale Local Energy Projects › Section 470.135 - Administration of small scale local energy project loan program funds and accounts.

The duties of the Director of the Oregon Department of Administrative Services to establish, maintain and keep accounts of, and make disbursements or transfers out of, the funds and accounts established or identified in the two bond indentures, as supplemented, dated June 1, 1981, and September 1, 1985, that relate to the Small Scale Local Energy Project Loan Program established by Article XI-J of the Oregon Constitution and this chapter are transferred to the State Department of Energy. Notwithstanding the transfer of these fiscal functions to the State Department of Energy, in accordance with ORS 291.015 (2), the State Department of Energy’s performance of these fiscal functions shall remain subject to the control of the Oregon Department of Administrative Services. [1993 c.496 §2; 2003 c.186 §62]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 470 - Small Scale Local Energy Projects › Section 470.140 - Rulemaking authority; biennial report.

(1) In accordance with the applicable provisions of ORS chapter 183, the Director of the State Department of Energy may adopt rules considered necessary to carry out the purposes of this chapter.
(2) The director shall submit to the Legislative Assembly and the Governor a biennial report of the transactions of the Small Scale Local Energy Project Loan Fund and the Small Scale Local Energy Project Administration and Bond Sinking Fund in such detail as will accurately indicate the condition of the funds. [1979 c.762 §§13,27; 2003 c.186 §63; 2009 c.753 §63]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 470 - Small Scale Local Energy Projects › Section 470.145 - State Department of Energy to develop marketing plan.

The State Department of Energy shall develop, implement and periodically update a marketing plan to inform potential applicants of the availability of small scale local energy project loans. The first priority of the marketing plan shall be to inform individuals and small businesses that small scale local energy project loans are available. [1983 c.188 §9]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 470 - Small Scale Local Energy Projects › Section 470.155 - Loan contract in form of intergovernmental agreement; provisions.

A loan contract with an eligible state agency for a small scale local energy project may be made in the form of an intergovernmental agreement under ORS chapter 190. The agreement shall set forth, among other matters, that:
(1) The small scale local energy project shall be security for the loan.
(2) The applicant pledges to request each biennium during the term of the loan, spending authorization or appropriation of funds from the Legislative Assembly or pledges to otherwise provide funds sufficient to pay the loan payments due that biennium.
(3) If applicable, the pledge of the applicant to repay the loan shall be contingent upon the continued spending authorization or appropriation by the Legislative Assembly of funds sufficient to pay the loan. [1985 c.593 §6; 1991 c.118 §3; 1997 c.29 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 470 - Small Scale Local Energy Projects › Section 470.160 - Payment from loan funds.

If the Director of the State Department of Energy approves a loan for a small scale local energy project, the State Treasurer shall pay moneys for such project from the Small Scale Local Energy Project Loan Fund or Energy Project Bond Loan Fund in accordance with the terms of the loan contract, as prescribed by the director. [1979 c.672 §8; 2003 c.186 §65; 2009 c.753 §65]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 470 - Small Scale Local Energy Projects › Section 470.180 - Withholding of state funds due to municipal corporation that defaults on loan.

In addition to any other remedy available to the State Department of Energy, if a municipal corporation entitled by law to share in the apportionment of any state revenues or funds defaults on any payments due to the State of Oregon under a loan contract entered into under ORS 470.150, the State Department of Energy may certify that fact to the Oregon Department of Administrative Services and the Oregon Department of Administrative Services shall withhold payment of any revenues or funds in the State Treasury to which the municipal corporation is entitled, in an amount not to exceed the balance owing on the loan, until the State Department of Energy certifies that the default has been remedied. [1979 c.672 §10; 1987 c.365 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 470 - Small Scale Local Energy Projects › Section 470.190 - Remedies.

If an applicant fails to comply with a contract entered into with the Director of the State Department of Energy for development and repayment as provided in ORS 470.150 or 470.645, the director, in addition to remedies provided in ORS 470.170 and 470.180, may seek other appropriate legal remedies to secure the loan and may contract as provided in ORS 470.150 with any other person for continuance of development and for repayment of moneys from the Small Scale Local Energy Project Loan Fund or from the Energy Project Bond Loan Fund used therefor and interest thereon. [1979 c.672 §11; 2003 c.186 §67; 2009 c.753 §67]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 470 - Small Scale Local Energy Projects › Section 470.200 - Refinancing of project; use of funds.

If any small scale local energy project is refinanced or an additional grant or loan intended to finance the project development is obtained from other sources after the execution of the loan from the state, all such funds shall be used to repay the state unless the Director of the State Department of Energy finds that repayment of the state from the additional grant or loan would be contrary to public interest. [1979 c.672 §14; 1983 c.188 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 470 - Small Scale Local Energy Projects › Section 470.210 - Municipal corporation may enter into loan contract; purchase of municipal corporation’s general or revenue obligation.

(1) Notwithstanding any other provision of law, a municipal corporation may enter into a loan contract with the State Department of Energy to finance a small scale local energy project.
(2) In order to finance a small scale local energy project, the Director of the State Department of Energy, on behalf of the state and in lieu of entering into a loan contract under subsection (1) of this section, may purchase or otherwise acquire a municipal corporation’s general obligations or revenue obligations, including but not limited to bonds, notes, certificates of participation, warrants or lease purchase agreements. [1983 c.188 §8; 2003 c.186 §68; 2005 c.201 §7]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 470 - Small Scale Local Energy Projects › Section 470.220 - Issuance of bonds.

In order to provide funds for the purposes specified in Article XI-J of the Oregon Constitution, bonds may be issued as provided in ORS 470.220 to 470.290. [1979 c.672 §17; 1981 c.660 §23; 2005 c.201 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 470 - Small Scale Local Energy Projects › Section 470.225 - Procedure for bond issuance.

The State Treasurer shall issue bonds described in ORS 470.220 to 470.290 in accordance with the applicable provisions of ORS chapter 286A. [2005 c.201 §2; 2007 c.783 §207]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 470 - Small Scale Local Energy Projects › Section 470.230 - Bond proceeds credited to Small Scale Local Energy Project Loan Fund; use of funds.

Except as provided in ORS 470.270, all moneys obtained from the sale of general obligation bonds under ORS 470.220 to 470.290 and Article XI-J of the Oregon Constitution shall be credited by the State Treasurer to the Small Scale Local Energy Project Loan Fund. Those moneys shall be used only for the purposes stated in Article XI-J of the Oregon Constitution, including payment of the costs of issuing the bonds and of obtaining credit enhancement for the bonds, and making payments of interest on bonds issued pursuant to the provisions of ORS 470.220 to 470.290 if there are insufficient funds in the Small Scale Local Energy Project Administration and Bond Sinking Fund to make the payments referred to in ORS 470.300 (1). Moneys loaned to municipal corporations but withheld by the State Department of Energy for security or to pay for future project costs may remain in the loan fund. Pending the use of the moneys in the loan fund for the proper purposes, the moneys may be invested in the manner provided by law. [1979 c.672 §18; 1987 c.365 §5; 2003 c.186 §69; 2005 c.201 §9; 2009 c.753 §68]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 470 - Small Scale Local Energy Projects › Section 470.240 - General obligation bonds to include promise to pay principal amount.

All general obligation bonds issued under ORS 470.220 to 470.290 and Article XI-J of the Oregon Constitution shall contain a direct promise of the State of Oregon to pay the principal amount of the bonds, plus any accrued interest and any redemption premium. The principal of and the interest and redemption premium, if any, upon the bonds, when due, shall be paid at the fiscal agency of the State of Oregon. The charges imposed by that agency for its services shall be paid, upon approval by the State Treasurer, from the Small Scale Local Energy Project Administration and Bond Sinking Fund. [1979 c.672 §19; 1993 c.496 §5; 2005 c.201 §10; 2009 c.753 §69]