reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 135 - 1.5 PERCENT FOR GREEN ENERGY TECHNOLOGY IN PUBLIC BUILDING CONSTRUCTION CONTRACTS › Section 330-135-0036 - Eligible Energy Use Efficiency Costs

Current through Register Vol. 63, No. 7, July 1, 2024
For energy use efficiency improvements, eligible costs include
				only those incremental costs that are directly associated with achievement of
				the energy use efficiency performance requirements in section 330-135-0031.
				Only the additional costs of energy use efficiency improvements compared to the
				cost of baseline equipment or baseline building performance shall be eligible.
				The contracting agency shall determine the appropriate incremental costs and
				submit information to ODOE as requested to document and demonstrate the
				incremental cost. Eligible costs may include but are not limited to the
				incremental costs of equipment such as light fixtures, heating, ventilating,
				and air conditioning equipment, envelope materials and assemblies, controls
				systems, connected building management systems, labor, and system
				commissioning. Any incentives received for energy use efficiency improvements
				do not reduce or impact the amount of expenditure on energy use efficiency for
				the purposes of determining compliance with the requirements or ORS
				279C.527,
				279C.528, and these
				rules.
Statutory/Other Authority: ORS
				  469.040, ORS 297C.528 & OL
				  2019, Ch. 160 (HB 2496)
Statutes/Other Implemented: ORS 297C.528, ORS 297C.527 &
				  OL 2019, Ch. 160 (HB 2496)
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 135 - 1.5 PERCENT FOR GREEN ENERGY TECHNOLOGY IN PUBLIC BUILDING CONSTRUCTION CONTRACTS › Section 330-135-0037 - Eligible Woody Biomass Energy Technology Costs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For space or water heating, eligible
			 costs include the cost of the boiler, associated piping, boiler controls, fuel
			 storage bins, fuel delivery system from the storage tank, piping, heat
			 exchangers, de-ashing equipment, pumps, metering, controls, labor, and
			 commissioning. Costs for heat distribution systems, such as ductwork or radiant
			 floors, or costs for backup systems that use conventional energy sources, do
			 not qualify.
(2) For combined heat
			 and power systems, eligible costs include the costs listed in (1) above and
			 costs for power generation equipment.
Statutory/Other Authority: ORS
				  469.040 & ORS
				  279C.528
Statutes/Other Implemented: ORS
				  279C.527 & ORS
				  279C.528
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 135 - 1.5 PERCENT FOR GREEN ENERGY TECHNOLOGY IN PUBLIC BUILDING CONSTRUCTION CONTRACTS › Section 330-135-0040 - Alternative Financing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Alternative financing arrangements to allow leveraging of federal, state,
			 utility and other incentives, including but not limited to, lease-purchase
			 agreements, power purchase agreements or energy savings performance contracts
			 qualify under this program if the contracting agency documents that the costs
			 of the green energy system meets or exceeds 1.5 percent of the total contract
			 price.
(2) The minimum term of the
			 agreement between the owner of the green energy system and the contracting
			 agency must be at least ten years, unless ownership of the green energy system
			 reverts to the contracting agency before that time.
(3) The agreement between the owner of the
			 green energy system and the contracting agency must be exclusive to the green
			 energy system required under the provisions of ORS
			 279C.527 through
			 279C.528 and Oregon Laws 2019,
			 chapter 160. It may not include terms relating to operation and maintenance or
			 capital equipment purchase of any other equipment or services. For power
			 purchase agreements and energy savings performance contracts, the output of the
			 green energy system must be separately metered.
Statutory/Other Authority: ORS
				  469.040 & ORS
				  297C.528
Statutes/Other Implemented: ORS 297C.528, ORS
				  279C.527 & OL 2019, Ch. 160
				  (HB 2496)
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 135 - 1.5 PERCENT FOR GREEN ENERGY TECHNOLOGY IN PUBLIC BUILDING CONSTRUCTION CONTRACTS › Section 330-135-0045 - Determination Whether Green Energy Technology is Appropriate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The contracting agency must make a
			 written determination whether constructing green energy technology is
			 appropriate or whether energy use efficiency or woody biomass energy technology
			 at the site of the public building is suitable as an addition or alternative to
			 green energy technology. In making its determination, the contracting agency
			 may consider factors including but not limited to:
(a) Whether there is opportunity to use
			 photovoltaic or geothermal electric, solar thermal, passive solar heating
			 systems or the direct use of geothermal energy in building systems;
(b) Whether green energy technology can be
			 installed in a manner that meets the minimum performance requirements of OAR
			 330-135-0030, energy use efficiency measures can be installed in a manner that
			 meets the minimum performance requirements of OAR 330-135-0031  or woody biomass
			 energy technology can be installed in a manner that meets the minimum
			 performance requirements of OAR 330-135-0032;
(c) Whether the building is listed or
			 eligible for listing on the National Register of Historic Places and the
			 installation of green energy technology, energy use efficiency measures, or
			 woody biomass energy technology would be disruptive to the historic character
			 of the building;
(d) Whether the
			 installation of green energy technology, energy use efficiency measures, or
			 woody biomass energy technology would create security risks for staff or
			 inhabitants of the building.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 135 - 1.5 PERCENT FOR GREEN ENERGY TECHNOLOGY IN PUBLIC BUILDING CONSTRUCTION CONTRACTS › Section 330-135-0048 - Technical Review Panel

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department will refer any requests submitted under OAR 330-135-0045  and
			 330-135-0047  to a technical panel appointed by the director. The technical
			 panel will be a permanent panel with members serving terms of up to three
			 years. The technical panel will include, but not be limited to, the following
			 membership:
(a) A chair from the Oregon
			 Department of Energy;
(b) A
			 representative from a public body;
(c) A representative from each green
			 technology industry; and
(d) An
			 engineer or architect.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 135 - 1.5 PERCENT FOR GREEN ENERGY TECHNOLOGY IN PUBLIC BUILDING CONSTRUCTION CONTRACTS › Section 330-135-0050 - Requirements for Construction that is Away from the Site of the Public Building

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a
			 contracting agency intends to install green energy technology, energy use
			 efficiency or woody biomass energy technology away from the site of the public
			 building, the contracting agency must:
(a)
			 Request from the department, in accordance with OAR 330-135-0052, a technical
			 review of its determination that an away-from-the-site installation is
			 appropriate.
(b) Comply with the
			 requirements of ORS 279C.527(3)(a) and
			 (b), as amended by Oregon Laws 2019 chapter
			 160 (HB 2496).
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 135 - 1.5 PERCENT FOR GREEN ENERGY TECHNOLOGY IN PUBLIC BUILDING CONSTRUCTION CONTRACTS › Section 330-135-0051 - Requirements for Deferral of Expenditures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a contracting agency determines, in
			 accordance with OAR 330-135-0045, that it is not appropriate to install green
			 energy technology, energy use efficiency, or woody biomass energy technology at
			 the public building site or green energy technology, energy use efficiency, or
			 woody biomass energy technology away from the public building site, the
			 contracting agency must:
(a) Defer the
			 expenditure of 1.5 percent of the total contract price of the current public
			 building project to a future public building project for which green energy
			 technology or an eligible alternative is appropriate;
(b) Request from the department a technical
			 review of its determination in accordance with OAR 330-135-0052; and
(c) Report, in accordance with OAR
			 330-135-0055, information about the deferred expenditure and the future project
			 to which the deferred expenditure will be applied, if known.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 135 - 1.5 PERCENT FOR GREEN ENERGY TECHNOLOGY IN PUBLIC BUILDING CONSTRUCTION CONTRACTS › Section 330-135-0052 - Requirements for Technical Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The director will appoint a permanent
			 technical panel with members serving terms of up to three years. The technical
			 panel will include, but not be limited to, the following membership:
(a) A chair from the Oregon Department of
			 Energy;
(b) A representative from a
			 public body;
(c) A representative
			 from green energy technology industry;
(d) A representative from woody biomass
			 energy technology industry; and
(e)
			 An engineer or architect.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 135 - 1.5 PERCENT FOR GREEN ENERGY TECHNOLOGY IN PUBLIC BUILDING CONSTRUCTION CONTRACTS › Section 330-135-0060 - Outreach to Public Bodies

Current through Register Vol. 63, No. 7, July 1, 2024
The department will conduct outreach to public bodies at least
				once per year to help inform them of the requirement in ORS
				279C.527 through
				279C.528 and Oregon Laws 2019
				chapter 160 (HB 2496) to spend at least 1.5 percent of the total contract price
				for eligible public buildings on green energy technology or on an eligible
				alternative to green energy technology.
Statutory/Other Authority: ORS
				  469.040 & ORS
				  297C.528
Statutes/Other Implemented: ORS 297C.528, ORS
				  279C.527 & OL 2019, Ch. 160
				  (HB 2496)
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 140 - SELF DIRECTION OF PUBLIC PURPOSES CHARGES BY LARGE RETAIL ELECTRICITY CONSUMERS › Section 330-140-0010 - Scope and Applicability of These Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules contained in this division
			 include the criteria and procedures by which a large retail electricity
			 consumer with a site located within the State of Oregon, using more than one
			 average megawatt the prior year (8,760,000 kilowatt hours/year), may become a
			 self-directing consumer of:
(a) up to 75
			 percent of the renewable energy resources portion of its public purpose charges
			 as allocated under ORS
			 757.612(3)(b)(B),
			 or
(b) up to 100 percent of the
			 amount charged in rates to plan for and pursue cost-effective energy efficiency
			 resources pursuant to ORS
			 757.054(4),
			 subject to the limits under Oregon Laws 2021, chapter 547, section 2,
			 subsection (5)(a).
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 140 - SELF DIRECTION OF PUBLIC PURPOSES CHARGES BY LARGE RETAIL ELECTRICITY CONSUMERS › Section 330-140-0040 - Pre-certification of New Cost-effective Energy Efficiency Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only a large
			 electricity consumer approved as an eligible self-direct program participant by
			 the Oregon Department of Energy is eligible to submit an application for
			 pre-certification of a cost-effective energy efficiency project.
(2) Large electricity consumers shall apply
			 directly to the Oregon Department of Energy for pre-certification of new
			 cost-effective energy efficiency project investments that have a simple payback
			 of greater than one year and less than ten years on a form supplied by the
			 Oregon Department of Energy.
(a) Information
			 submitted on the form shall include but not be limited to: the name of the
			 large electricity consumer; a description of the site; a description of the
			 cost-effective energy efficiency project; detail of the costs of the
			 cost-effective energy efficiency project; estimated electricity savings from
			 the project; and calculations that support or demonstrate the electricity
			 savings and simple payback of the project.
(b) On the application, the applicant shall:
			 answer a "Yes/No" question whether the site's prior year electricity usage is
			 greater than one average megawatt; include site electric usage in kWh from the
			 prior year; and attach supporting documentation in the form of a spreadsheet or
			 equivalent from the utility showing the monthly usage amounts, for all meters
			 associated with that site, that sum to the prior year usage. Sites that do not
			 have greater than one average megawatt prior year usage are not eligible to
			 self-direct the amount charged in rates pursuant to ORS
			 757.054(4).
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 140 - SELF DIRECTION OF PUBLIC PURPOSES CHARGES BY LARGE RETAIL ELECTRICITY CONSUMERS › Section 330-140-0050 - Pre-certification of New Renewable Resource Purchase

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only a large electricity consumer
			 approved as an eligible self-direct program participant by the Oregon
			 Department of Energy is eligible to submit an application for pre-certification
			 of the above-market costs of new renewable energy resource purchases.
(2) Large electricity consumers shall apply
			 directly to the Oregon Department of Energy for pre-certification of new
			 renewable energy resource purchases on a form supplied by the Oregon Department
			 of Energy.
(a) Information submitted on the
			 form shall include but not be limited to: the name of the electricity consumer;
			 a description of the site; a description of the new renewable energy resource
			 to be purchased; the electricity consumer's market price for electricity from
			 conventional sources; costs of the new renewable energy resource; estimated
			 electricity to be purchased from the new renewable energy resource; length of
			 time of a proposed purchase agreement; method of certifying that the renewable
			 energy resource purchased has not been duplicatively sold to other parties
			 either in whole or part; and, any contract terms that would otherwise affect
			 the cost or amount of new renewable energy resource purchased.
(b) On the application, the applicant shall:
			 answer a "Yes/No" question whether the site's prior year electricity usage is
			 greater than one average megawatt; include site electric usage in kWh from the
			 prior year; and attach supporting documentation in the form of a spreadsheet or
			 equivalent from the utility showing the monthly usage amounts, for all meters
			 associated with that site, that sum to the prior year usage. Sites that do not
			 have greater than one average megawatt prior year usage are not eligible to
			 self-direct their public purpose charge.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 140 - SELF DIRECTION OF PUBLIC PURPOSES CHARGES BY LARGE RETAIL ELECTRICITY CONSUMERS › Section 330-140-0055 - Pre-certification of Investments in Distribution System-Connected Technologies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only a large
			 electricity consumer approved as an eligible self-direct program participant by
			 the Oregon Department of Energy is eligible to submit an application for
			 pre-certification of new investments in distribution system-connected
			 technologies.
(2) Large electricity
			 customers shall apply directly to the Oregon Department of Energy for
			 pre-certification of qualifying investments in distribution system-connected
			 technologies on a form provided by the Oregon Department of Energy.
(a) Information submitted on the form shall
			 include but not be limited to:
(A) the name
			 of the large electricity consumer;
(B) a description of the site;
(C) a description of the new proposed
			 investments in distribution system-connected technologies;
(D) an itemized list of major system
			 components and associated costs that comprise the total project cost;
(E) documentation that the investments in
			 distribution system-connected technologies will be installed such that they are
			 capable of providing grid support; and
(F) documentation, if applicable, that the
			 site participates in one or more utility program authorized by the Public
			 Utility Commission that encourages or otherwise gives incentives for
			 distribution system-connected technologies to provide grid support.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 140 - SELF DIRECTION OF PUBLIC PURPOSES CHARGES BY LARGE RETAIL ELECTRICITY CONSUMERS › Section 330-140-0060 - Certification of Qualifying Expenditure for New Cost-effective Energy Efficiency Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Once
			 the project has been completed and is operational, and the costs, or portion of
			 the costs identified in the pre-certification as a component eligible for
			 certification as an individual expense for a project, are expended, the large
			 electricity consumer is eligible to apply to the Oregon Department of Energy
			 for certification of qualifying expenditure on a form provided by the Oregon
			 Department of Energy.
(2) Proof of
			 amount paid must accompany the application for certification of qualifying
			 expenditure.
(a) Proof of purchase for
			 projects costing less than $50,000 may include canceled checks, credit card
			 statements, and binding contracts or agreements.
(b) Projects costing $50,000 and more shall
			 have an independent certified public accountant attest to the cost of the
			 project.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 140 - SELF DIRECTION OF PUBLIC PURPOSES CHARGES BY LARGE RETAIL ELECTRICITY CONSUMERS › Section 330-140-0070 - Certification of Qualifying Expenditure for New Renewable Resources

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Large
			 electricity consumers whose above market costs of new renewable energy resource
			 purchases have received pre-certification from the Oregon Department of Energy
			 are eligible to apply for certification of qualified expenditure on a form
			 provided by the Oregon Department of Energy.
(2) A signed contract to purchase or
			 receipt(s) for purchase of renewable energy certificates or RECs, sometimes
			 referred to as "Green Tags," for new renewable energy describing the amount to
			 be paid and the length of the agreement must accompany the application for
			 certification of qualified expenditure. On the application, the applicant
			 shall: answer a "Yes/No" question whether the site's prior year electricity
			 usage is greater than one average megawatt; include site electric usage in kWh
			 from the prior year; and attach supporting documentation in the form of a
			 spreadsheet or equivalent from the utility showing the monthly usage amounts,
			 for all meters associated with that site, that sum to the prior year usage.
			 Retail electricity consumers that do not have greater than one average megawatt
			 prior year usage are not eligible to self-direct their public purpose
			 charge.
(3) Proof of amount paid
			 must accompany the application for certification of qualifying expenditure for
			 constructed new renewable energy resource projects.
(4) Proof of purchase for constructed
			 projects costing less than $50,000 may include canceled checks, credit card
			 statements, and binding contracts or agreements.
(5) Constructed project costs of $50,000 and
			 more shall have an independent certified public accountant attest to the cost
			 of the project.
(6) Certification
			 of qualified expenditure shall be approved or denied by the Oregon Department
			 of Energy within 30 days of the receipt of a complete application. Qualifying
			 expenditures include fees paid to the Oregon Department of Energy for
			 administering the self-direct program.
(7) The certification of qualified
			 expenditure shall describe the term for which a contracted new renewable energy
			 resource purchase is eligible for credit against public purposes charges
			 owed.
Statutory/Other Authority: ORS
				  469.040,
				  ORS
				  469.165, ORS
				  756.040, ORS
				  757.600  - 757.687 & Oregon Laws 2021, chapter 547 (House Bill 3141)
Statutes/Other Implemented: ORS
				  756.040, ORS
				  757.600  - 757.687 & Oregon Laws 2021, chapter 547 (House Bill
				  3141)
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 140 - SELF DIRECTION OF PUBLIC PURPOSES CHARGES BY LARGE RETAIL ELECTRICITY CONSUMERS › Section 330-140-0075 - Certification of Qualifying Expenditure for Investment in Distribution System-Connected Technologies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Once
			 the project has been completed and is operational, and the costs, or portion of
			 the costs identified in the pre-certification as a component eligible for
			 certification as an individual expense for a project, are expended, the large
			 electricity consumer is eligible to apply to the Oregon Department of Energy
			 for certification of qualifying expenditure on a form provided by the Oregon
			 Department of Energy.
(2) Proof of
			 amount paid must accompany the application for certification of qualifying
			 expenditure.
(a) The large electricity
			 consumer must provide an itemization of costs for individual system components
			 in sufficient detail to enable the Oregon Department of Energy to assess the
			 eligibility of project expenditures for self-direction.
(b) Proof of purchase for projects costing
			 less than $50,000 may include canceled checks, credit card statements, and
			 binding contracts or agreements.
(c) Projects costing $50,000 and more shall
			 have an independent certified public accountant attest to the cost of the
			 project.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 140 - SELF DIRECTION OF PUBLIC PURPOSES CHARGES BY LARGE RETAIL ELECTRICITY CONSUMERS › Section 330-140-0090

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  469.040,
				  469.165,
				  756.040 &
				  757.600 -
				  757.687
Stats. Implemented: ORS
				  756.040 &
				  757.600 -
				  757.687
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 140 - SELF DIRECTION OF PUBLIC PURPOSES CHARGES BY LARGE RETAIL ELECTRICITY CONSUMERS › Section 330-140-0100

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  469.040,
				  469.165,
				  756.040 &
				  757.600 -
				  757.687
Stats. Implemented: ORS
				  756.040 &
				  757.600 -
				  757.687
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 140 - SELF DIRECTION OF PUBLIC PURPOSES CHARGES BY LARGE RETAIL ELECTRICITY CONSUMERS › Section 330-140-0110 - Reporting Self-Direction Credits and Public Purpose Amounts Collected or Paid

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Consumer-owned utilities providing open access to any customer class shall
			 report annually to the Oregon Department of Energy the amount of public purpose
			 charges collected from the consumer owned utility retail electricity consumers.
			 The report shall be submitted no later than February 28 of each calendar year
			 starting in the calendar year after the consumer owned utility governing board
			 elects to provide open access for any class of its customers. Reports shall not
			 include the self-direction public purpose charges allowed under these
			 rules.
(2) The Oregon Department of
			 Energy shall notify in writing large electricity consumers or consumer-owned
			 utilities of errors in the amount of self-direction credit claimed, the amount
			 of public purpose charges submitted to the consumer's electric utility, or
			 other errors or omissions in reports. The notice shall recommend the
			 corrections necessary for the large electricity consumer or the consumer-owned
			 utility.
Stat. Auth.: ORS
				  469.040,
				  469.165,
				  756.040 &
				  757.600 -
				  757.687
Stats. Implemented: ORS
				  756.040 &
				  757.600 -
				  757.687
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 140 - SELF DIRECTION OF PUBLIC PURPOSES CHARGES BY LARGE RETAIL ELECTRICITY CONSUMERS › Section 330-140-0120 - Denial or Revocation of Eligibility to Participate as a Self-Directing Consumer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Director of the Oregon Department of Energy shall determine whether a large
			 electricity consumer is eligible to participate or to continue to participate
			 in part or at all under these rules based on the following:
(a) The large electricity consumer no longer
			 qualifies for participation as a self-directing consumer under these rules;
			 or
(b) The large electricity
			 consumer fails to submit public purpose charges owed or amount charged in rates
			 pursuant to ORS
			 757.054(4);
			 or
(c) Changes in a cost-effective
			 energy efficiency project, investment in distribution system-connected
			 technologies or renewable energy resource purchase that are not communicated to
			 the Oregon Department of Energy that make the project ineligible for
			 self-direction credit; or
(d)
			 Errors in fact or procedure under these rules go uncorrected after requests for
			 correction are submitted to the large electricity consumer by the Oregon
			 Department of Energy; or
(e) Any
			 intentional commission of error or fraud in any application for participation
			 under these rules; or
(f) It is
			 determined by the Director of the Oregon Department of Energy that
			 self-direction by that large electricity consumer or class of large electricity
			 consumers cannot be accountably administrated.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 140 - SELF DIRECTION OF PUBLIC PURPOSES CHARGES BY LARGE RETAIL ELECTRICITY CONSUMERS › Section 330-140-0130 - Utility and Electricity Consumer Credits for Public Purpose Expenditures by their Energy Suppliers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Utilities may apply to the Oregon Department of Energy to claim a credit for
			 qualifying public purpose expenditures by their energy supplier for the market
			 transformation activities of the Northwest Energy Efficiency Alliance under the
			 Bonneville Power Administration residential subscription rate.
(2) Application for this credit must be made
			 by March 1 of each calendar year to begin claiming credit by October 1 and
			 shall document the contracted amount owed.
(3) The credit may be taken against the
			 conservation portion of the electric distribution utility payment of collected
			 public purpose charges as directed by Oregon Administrative Rule.
(4) The Oregon Department of Energy shall
			 propose a credit amount to the Oregon Public Utility Commission by July 1,
			 2002. The credit amount shall be distributed as a reduction to public purpose
			 charges owed equitably among all the electric distribution utility's
			 residential ratepayers whose rates include a Northwest Energy Efficiency
			 Alliance cost component.
Stat. Auth.: ORS
				  469.040,
				  469.165,
				  756.040 &
				  757.600 -
				  757.687
Stats. Implemented: ORS
				  756.040 &
				  757.600 -
				  757.687
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 140 - SELF DIRECTION OF PUBLIC PURPOSES CHARGES BY LARGE RETAIL ELECTRICITY CONSUMERS › Section 330-140-0140 - Administrative Cost Recovery

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The costs of administering the self-direct program shall be paid out of the
			 funds collected through the public purpose charge and amounts charged in rates
			 pursuant to ORS
			 757.054(4),
			 and directed to the Oregon Department of Energy as the state agency
			 administering the program. The Oregon Department of Energy shall collect fees
			 from eligible self-directing consumers at the time they submit applications for
			 the following: pre-certification of cost-effective energy efficiency projects,
			 pre-certification of new renewable energy resource purchases, pre-certification
			 of investments in distribution system-connected technologies, and certification
			 of qualified expenditure for renewable energy certificates or Green Tags.
			 Applications will not be considered complete until payment of fees is received
			 by the Oregon Department of Energy. The fee shall be a fixed percentage of: the
			 estimated project costs for cost-effective energy efficiency projects, the
			 estimated project costs for investments in distribution system-connected
			 technologies, the estimated above-market costs for new renewable energy
			 resource purchases, or the actual contract cost for renewable energy
			 certificates or Green Tags.
(2) The
			 Oregon Department of Energy shall periodically review the actual and
			 anticipated costs of administering the self-direct program, including all
			 direct and indirect costs, as well as the actual and anticipated sum of fees
			 collected under the program. The Oregon Department of Energy may revise the fee
			 percentage as needed to ensure full recovery of self-direct program
			 administration costs. The fixed percentage fee shall not exceed four percent
			 of: the estimated project costs for cost-effective energy efficiency projects,
			 estimated project costs for investments in distribution system-connected
			 technologies, the estimated above market costs for new renewable energy
			 resource purchases, or the actual contract cost for renewable energy
			 certificates or Green Tags. Fees paid by eligible self-directing consumers are
			 eligible costs to be included in final certificates of qualified
			 expenditures.
Statutory/Other Authority: ORS
				  469.040,
				  ORS
				  469.165, ORS
				  756.040, ORS
				  757.600  - 757.687, ORS
				  757.054  & Oregon Laws 2021, chapter 547 (House Bill 3141)
Statutes/Other Implemented: ORS
				  756.040, ORS
				  757.600  - 757.687, ORS
				  757.054  & Oregon Laws 2021, chapter 547 (House Bill
				  3141)
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 160 - ESTABLISH A RENEWABLE ENERGY CERTIFICATE SYSTEM FOR THE OREGON RENEWABLE PORTFOLIO STANDARD (RPS) › Section 330-160-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to establish a system of
				renewable energy certificates to provide a means of compliance with the Oregon
				Renewable Portfolio Standard (RPS).
Stat. Auth.: ORS
				  469A.130
Stats. Implemented: ORS
				  469A.130 -
				  469A.145
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 160 - ESTABLISH A RENEWABLE ENERGY CERTIFICATE SYSTEM FOR THE OREGON RENEWABLE PORTFOLIO STANDARD (RPS) › Section 330-160-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of Oregon Administrative Rules, chapter 330,
				division 160, the following definitions apply unless the context requires
				otherwise:
(1) "Banked Renewable
			 Energy Certificate" has the meaning in ORS
			 469A.005.
(2) "Bundled Renewable Energy Certificate"
			 has the meaning in ORS
			 469A.005.
(3) "Compliance Year" has the meaning in ORS
			 469A.005.
(4) "Department" means the Oregon Department
			 of Energy.
(5) "Director" means the
			 Director of the Oregon Department of Energy.
(6) "Electricity Service Supplier" has the
			 meaning in ORS 469A.005.
(7) "Electric Utility" has the meaning in ORS
			 469A.005.
(8) "Federal Columbia River Power System"
			 (FCRPS) means the transmission system constructed and operated by Bonneville
			 Power Administration (BPA) and the hydroelectric dams constructed and operated
			 by the U.S. Army Corps of Engineers and the Bureau of Reclamation in Oregon,
			 Washington, Montana and Idaho.
(9)
			 "Generator representative" means an electricity generating facility's owner,
			 operator or WREGIS account holder.
(10) "High Water Mark Contract" means a power
			 sales contract between a consumer-owned utility and BPA that contains a
			 contract high water mark, and under which the utility purchases power from BPA
			 at rates established by BPA in accordance with the tiered rate
			 methodology.
(11) "Joint Operating
			 Entity" means an entity that was lawfully organized under State law as a public
			 body or cooperative prior to September 22, 2000, and is formed by and whose
			 members or participants are two or more public bodies or cooperatives, each of
			 which was a customer of BPA on or before January 1, 1999.
(12) "Multiple-fuel facility" means a
			 facility that is capable of generating electricity using more than one type of
			 fuel. A facility that uses fossil fuel for generator start-up but otherwise
			 uses a single eligible resource and is not required to register in WREGIS as a
			 multi-fuel generating unit, as defined by WREGIS, is not a multiple-fuel
			 facility.
(13) "Oregon's share" as
			 used in ORS 469A.020(3),
			 means the portion of Federal Columbia River Power System generation
			 attributable to the Oregon load of hydroelectric efficiency upgrades that BPA
			 provides to:
(a) Each consumer-owned utility
			 serving load located in Oregon, pursuant to a High Water Mark
			 Contract;
(b) Each Joint Operating
			 Entity with retail utility members serving load located in Oregon, pursuant to
			 a High Water Mark Contract; and
(c)
			 Each investor-owned utility participating in the Residential Exchange Program
			 that serves load located in Oregon.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 160 - ESTABLISH A RENEWABLE ENERGY CERTIFICATE SYSTEM FOR THE OREGON RENEWABLE PORTFOLIO STANDARD (RPS) › Section 330-160-0020 - Establishment of Renewable Energy Certificate System

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Renewable energy certificates that are
			 issued, monitored, accounted for and transferred by or through the regional
			 renewable energy certificate system and trading mechanism known as the Western
			 Renewable Energy Generation Information System (WREGIS) shall be the only
			 renewable energy certificates that can be used by an electric utility or
			 electricity service supplier to establish compliance with the Oregon Renewable
			 Portfolio Standard (RPS).
(2) All
			 entities that wish to demonstrate compliance or participate in the renewable
			 energy certificate system associated with the Oregon RPS must establish and
			 maintain accounts in good standing with the WREGIS renewable energy certificate
			 system. These entities must comply with all information, data reporting and
			 verification requirements of the WREGIS Operating Rules dated July 15, 2013,
			 including costs required for compliance. These accounts must be established
			 before January 1, 2009 or before the earliest vintage of Certificate to be used
			 to comply with the Oregon RPS, whichever is later.
(3) All entities that wish to demonstrate
			 compliance or participate in the renewable energy certificate system associated
			 with the Oregon RPS must participate in the system in accordance with the
			 WREGIS Operating Rules dated July 15, 2013. The Operating Rules for WREGIS are
			 publicly available from the WREGIS web site at www.wregis.org [File Link Not
			 Available].
Stat. Auth.: ORS
				  469A.130
Stats. Implemented: ORS
				  469A.130
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 160 - ESTABLISH A RENEWABLE ENERGY CERTIFICATE SYSTEM FOR THE OREGON RENEWABLE PORTFOLIO STANDARD (RPS) › Section 330-160-0025 - Types of Renewable Energy Certificates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A bundled or unbundled renewable energy
			 certificate may be used to comply with the RPS when it is issued through the
			 WREGIS renewable energy certificate system, and is otherwise consistent with
			 the rules and requirements of the Oregon RPS. The Department will identify
			 those generating facilities eligible for creation of Certificates that can be
			 used to satisfy the Oregon RPS.
(2)
			 Each bundled renewable energy certificate used to comply with the RPS must be
			 supported by documentation demonstrating that one megawatt-hour of electricity
			 that was associated with the bundled renewable energy certificate was delivered
			 to the Bonneville Power Administration, to the transmission system of an
			 electric utility, to another delivery point designated by an electric utility
			 for the purpose of subsequent delivery to the electric utility, or to a
			 delivery point mutually agreed to by a distribution utility and an electricity
			 service supplier for the purpose of subsequent delivery to the distribution
			 utility serving the customer of the electricity service supplier.
(3) To demonstrate that a renewable energy
			 certificate is bundled under Subsection (2) of this rule, an electric utility
			 must either:
(a) Electronically affix to the
			 certificate a valid North American Electric Reliability Corporation (NERC)
			 electronic tagging number ("e-Tag") or another unique identifier adopted by
			 WREGIS or the Department, which demonstrates that one megawatt hour of
			 electricity was delivered to a point described in Subsection (2) of this rule;
			 or
(b) In a manner prescribed by
			 the Department, submit documentation to the Department demonstrating that:
(A) The renewable energy certificate for the
			 qualifying electricity was acquired by an electric utility or electricity
			 service supplier by a trade, purchase or other transfer of electricity that
			 includes the certificate that was issued for the electricity; or by an electric
			 utility by generation of the electricity for which the certificate was issued;
			 and
(B) The qualifying electricity
			 associated with the bundled renewable energy certificate was initially
			 delivered to a point described in Subsection (2) of this rule.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 160 - ESTABLISH A RENEWABLE ENERGY CERTIFICATE SYSTEM FOR THE OREGON RENEWABLE PORTFOLIO STANDARD (RPS) › Section 330-160-0030 - Allowed Vintage of Renewable Energy Certificates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The system of renewable energy
			 certificates established through this rule may be used to comply with or
			 participate in the Oregon RPS through the use of Certificates with a vintage of
			 January 2007 or later.
(2) No
			 renewable energy certificate that derives from the WREGIS renewable energy
			 certificate system with a vintage before January 2007 will be eligible for
			 compliance with the Oregon RPS.
(3)
			 Renewable energy certificates with a vintage of January 2007 or later, both
			 bundled and unbundled, may be banked for future use within the WREGIS renewable
			 energy certificate system and used for compliance with the Oregon RPS according
			 to the requirements of ORS
			 469A.140.
(4) Generating facilities that produce
			 qualifying electricity shall be eligible to receive certificates associated
			 with generation beginning on January 1, 2007.
(5) Renewable energy certificates created by
			 WREGIS that are associated with stranded electricity or with stranded thermal
			 energy may be used to comply with the Oregon RPS.
(6) Generating facilities that meet the
			 requirements of OAR 330-160-0080  and that produce qualifying thermal energy
			 shall be eligible to receive T-RECs associated with generation on or after
			 March 8, 2016.
Statutory/Other Authority: ORS
				  469A.130  & OL 2016, Ch. 28 (SB 1547)
Statutes/Other Implemented: ORS
				  469A.130  & OL 2016, Ch. 28
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 160 - ESTABLISH A RENEWABLE ENERGY CERTIFICATE SYSTEM FOR THE OREGON RENEWABLE PORTFOLIO STANDARD (RPS) › Section 330-160-0035 - Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To
			 apply for certification by the Department that electricity or thermal energy
			 from a generating facility qualifies for the Oregon RPS, the generator
			 representative must submit to the Department a completed general application
			 form and, for hydroelectric, hydro efficiency, hydrogen, biomass, multiple-fuel
			 facilities, and thermal energy the applicable supplemental form available on
			 the Department's website. Thermal energy applications must also include a
			 thermal energy measurement plan as described in OAR 330-160-0090.
(2) The Department may require from the
			 applicant supporting documentation such as photographs of the facility, records
			 of generating equipment purchases, records of installation or service work
			 orders, and an explanation of the relationship between the applicant and the
			 WREGIS account holder.
(3) The
			 Department will determine whether the facility meets the requirements in ORS
			 469A.010 to
			 469A.025 and these rules for
			 generating qualifying electricity or qualifying thermal energy and will provide
			 written notification of its determination to the applicant.
(a) If the Department determines that the
			 facility meets the requirements for generating qualifying electricity or
			 qualifying thermal energy, it will certify the facility as Oregon RPS-eligible
			 in WREGIS and provide the Oregon RPS certification number and the first
			 eligible REC vintage date in writing to the applicant.
(b) If the Department determines that the
			 facility does not meet the requirements for generating qualifying electricity
			 or qualifying thermal energy, it will provide the reasons for its determination
			 in writing to the applicant.
(c) If
			 the Department lacks information necessary to make a determination, it will not
			 certify the facility in WREGIS and will provide the reasons it is unable to
			 make a determination in writing to the applicant.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 160 - ESTABLISH A RENEWABLE ENERGY CERTIFICATE SYSTEM FOR THE OREGON RENEWABLE PORTFOLIO STANDARD (RPS) › Section 330-160-0037 - Confidential Treatment of Information

Current through Register Vol. 63, No. 7, July 1, 2024
A generator representative may request confidential treatment
				of information provided to the Department pursuant to OAR 330-010-0005  through
				330-010-0030.
Stat. Auth.: ORS
				  469A.130
Stats. Implemented: ORS
				  469A.130 -
				  469A.145
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 160 - ESTABLISH A RENEWABLE ENERGY CERTIFICATE SYSTEM FOR THE OREGON RENEWABLE PORTFOLIO STANDARD (RPS) › Section 330-160-0038 - Expiration of Oregon RPS Certification

Current through Register Vol. 63, No. 7, July 1, 2024
Except as otherwise indicated in these rules, a facility's
				Oregon RPS certification will not have an expiration date.
Stat. Auth.: ORS
				  469A.130
Stats. Implemented: ORS
				  469A.130 -
				  469A.145
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 160 - ESTABLISH A RENEWABLE ENERGY CERTIFICATE SYSTEM FOR THE OREGON RENEWABLE PORTFOLIO STANDARD (RPS) › Section 330-160-0040 - Low-impact Hydro Electric Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department recognizes the Low Impact
			 Hydropower Institute (LIHI) as the national agency to certify hydroelectric
			 facilities as low impact for purposes of the Oregon RPS. A hydroelectric
			 generation facility with current certification from LIHI and that complies with
			 other requirements of ORS 469A and these rules is eligible for the Oregon RPS.
(2) For a low impact hydroelectric
			 facility to remain eligible for the Oregon RPS, the generator representative
			 must maintain a current LIHI certificate and provide the Department a copy of
			 its LIHI certificate upon renewal.
(3) The Department will enter into WREGIS an
			 expiration date for a low impact hydroelectric facility's Oregon RPS
			 certification that matches the facility's LIHI certificate expiration date.
(4) The Department will provide
			 written notice to a generator representative at least 60 days before its low
			 impact hydroelectric facility's Oregon RPS certification is scheduled to
			 expire.
(5) Upon receiving a copy
			 of the renewed LIHI certificate from the generator representative, the
			 Department will update the facility's Oregon RPS certification expiration date
			 in WREGIS with the new LIHI certificate expiration date.
Stat. Auth.: ORS
				  469A.025, OL 2010, Ch.
				  71(SS)
Stats. Implemented: ORS
				  469A.025
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 160 - ESTABLISH A RENEWABLE ENERGY CERTIFICATE SYSTEM FOR THE OREGON RENEWABLE PORTFOLIO STANDARD (RPS) › Section 330-160-0050 - Hydroelectric Facility Upgrades

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Efficiency upgrades from an Oregon RPS
			 qualifying hydroelectric facility refers to additional incremental qualifying
			 electricity production at an existing hydroelectric facility due to upgrades to
			 existing generators, turbines and other Department-approved equipment changes.
			 Efficiency upgrades do not include increased generation achieved through
			 increased impoundments or increased appropriation or diversions of water.
(2) The generator representative
			 must estimate the percentage increase in efficiency of the facility's
			 hydroelectric power production due to an efficiency upgrade and provide that
			 estimate to the Department via the supplemental application form provided by
			 the Department for hydroelectric efficiency upgrades, with supporting
			 documentation substantiating the estimate.
(3) The Department will determine the
			 eligibility of incremental hydroelectric power production at an existing
			 hydroelectric facility for purposes of Oregon RPS compliance.
(a) Eligibility is based solely on any
			 operational changes at the facility that are directly associated with
			 efficiency upgrades as defined in subsection (1) of this section.
(b) The determination of the percentage
			 increase in the efficiency of hydroelectric power production as described in
			 subsection (1) of this section shall be based on the best available evidence,
			 including but not limited to, representations by the Federal Energy Regulatory
			 Commission or, for federal projects, by the authorized power marketing agency
			 or agencies with jurisdiction over the federal projects.
(c) The annual electricity production
			 eligible for RPS-eligible renewable energy certificates is the annual
			 hydroelectric power production at the facility multiplied by the percentage
			 increase in efficiency from paragraph (b) of this subsection.
(d) The Department will provide to WREGIS the
			 increment of percentage increase in hydroelectric power production attributable
			 to the facility efficiency upgrades that is RPS-eligible.