Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 135 - 1.5 PERCENT FOR GREEN ENERGY TECHNOLOGY IN PUBLIC BUILDING CONSTRUCTION CONTRACTS › Section 330-135-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of this division, the following definitions
				apply:
(1) "Baseline building" means
			 a building that complies with the minimum requirements of the energy code,
			 using either the prescriptive or performance pathways as specified in the
			 energy code.
(2) "Building" means
			 any structure utilized or intended for supporting or sheltering any occupancy,
			 as defined in Section 202 of the 2019 Oregon Structural Specialty Code.
(3) "Contracting agency" means a
			 public body as defined in ORS
			 174.109 that plans to enter into
			 a public improvement contract for the construction, reconstruction or major
			 renovation of a public building.
(4) "Cost-effective" means that an investment
			 in green energy technology or woody biomass energy technology away from the
			 site has a higher estimated economic benefit than an investment in
			 corresponding green energy technology or woody biomass energy technology at the
			 site. The comparison must include, but is not limited to, the cost of green
			 energy technology or woody biomass energy technology, the cost of energy
			 transmission infrastructure back to the public building, the value of
			 electrical energy produced, saved or used over the life of the system, and the
			 value of thermal energy produced, saved or used over the life of the
			 system.
(5) "Department" means the
			 Oregon Department of Energy.
(6)
			 "Director" means the Director of the Oregon Department of Energy.
(7) "Direct use" of geothermal energy means
			 using the geothermal resource directly for space or water heating in a building
			 without the assistance of a heat pump. For the purpose of these rules, direct
			 use applications employ resource temperatures of at least 140°F, except
			 when applied to public school construction, in which case the minimum resource
			 temperature is 128°F.
(8)
			 "Energy Code" means the Oregon energy code as adopted by the Department of
			 Consumer and Business Services, Building Codes Division as Chapter 13 of the
			 2019 Oregon Structural Specialty Code.
(9) "Energy Use Efficiency" means the use of
			 construction and design standards, construction methods, products, equipment,
			 and devices to increase efficient use of, and reduce consumption of,
			 electricity, natural gas, and fossil fuels in buildings undergoing new
			 construction, reconstruction, alteration, and repair.
(10) "Geothermal energy" means the energy
			 from a geothermal source including, but not limited to, indigenous steam, hot
			 water, and hot brines.
(11) "Green
			 energy technology" has the definition given in ORS
			 279C.527 as updated by Oregon
			 Laws 2019, chapter 160 (HB 2496).
(12) "Lower Heating Value" means the net heat
			 production during combustion with return of the temperature of the combustion
			 products to 150 degrees Celsius and water vapor as product of combustion
			 (reflecting the fact that evaporation requires heat and the latent heat of
			 vaporization of water in the combustion reaction products is not recovered).
(13) "ODOE 1.5 Percent for Green
			 Energy Technology database" means a database, administered by the Oregon
			 Department of Energy, of public building construction projects that report
			 subject to these rules.
(14)
			 "Proposed Building" means the building as-designed with energy use efficiency
			 improvements that reduce the energy consumption of a building compared to the
			 baseline building.
(15) "Public
			 school" means a public educational program offering kindergarten through grade
			 12 or any part thereof.
(16) "Site"
			 means a land parcel or a group of contiguous land parcels, controlled by the
			 contracting agency, on which a building either is or will be located.
(17) "Total contract price" has
			 the definition given in ORS
			 279C.527 and means all of the
			 costs a contracting agency anticipates incurring in all contracts and
			 subcontracts involved in constructing, reconstructing or performing a major
			 renovation of a public building including design or architecture, engineering,
			 transportation or environmental impact assessment and planning, construction
			 management, labor, materials, land surveying and site preparation, demolition,
			 hazardous material removal, required reinforcements or improvements to existing
			 structures or appurtenant infrastructure, insurance, inspections and
			 certifications and, except as provided in this paragraph, other costs the
			 contracting agency would not incur but for the construction, reconstruction or
			 major renovation of the public building. "Total contract price" does not
			 include:
(a) Costs of advertising,
			 soliciting, evaluating bids or proposals for or awarding a public
			 contract;
(b) Costs of moving
			 contracting agency employees, equipment and furnishings from and to a public
			 building;
(c) Costs of locating,
			 renting or leasing and preparing to occupy alternative facilities;
(d) Ordinary operating costs for a public
			 building during periods of reconstruction or renovation;
(e) Costs of storing equipment or furnishings
			 at a site away from a public building;
(f) Labor costs for employees of a
			 contracting agency;
(g) Direct
			 costs that are solely for the purpose of retrofitting or improving a public
			 building's ability to withstand a seismic event; and
(h) Costs that bear only a tenuous
			 relationship to the construction, reconstruction or major renovation of a
			 public building.