reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 105 - REVIEW OF LOAN REQUESTS BY THE SMALL SCALE LOCAL ENERGY PROJECT ADVISORY COMMITTEE › Section 330-105-0020 - Oral Comments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Committee may choose whether to hear comment on any matter before it.
(2) The Department will inform applicants, in
			 writing, of the date, time, and place of any Committee meeting set to hear
			 their requests.
(3) The Committee
			 may set time limits on comments.
Stat. Auth.: ORS 469 &
				  470.140
Stats. Implemented: ORS
				  470.080
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 105 - REVIEW OF LOAN REQUESTS BY THE SMALL SCALE LOCAL ENERGY PROJECT ADVISORY COMMITTEE › Section 330-105-0025 - Committee's Advice to the Director

Current through Register Vol. 63, No. 7, July 1, 2024
After its review, the Committee will inform the Director in
				writing:
(1) Whether the project
			 complies with OAR 330-110; and
(2)
			 The recommended amount and terms or conditions for the loan.
Stat. Auth.: ORS 469 &
				  470.140
Stats. Implemented: ORS
				  470.080
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 105 - REVIEW OF LOAN REQUESTS BY THE SMALL SCALE LOCAL ENERGY PROJECT ADVISORY COMMITTEE › Section 330-105-0030 - Introduction

Current through Register Vol. 63, No. 7, July 1, 2024
The Director will decide the amount of any loan. If the
				decision is adverse, the Committee may appeal to the
				Governor.
Stat. Auth.: ORS 469 &
				  470.140
Stats. Implemented: ORS
				  470.090 -
				  470.100
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 105 - REVIEW OF LOAN REQUESTS BY THE SMALL SCALE LOCAL ENERGY PROJECT ADVISORY COMMITTEE › Section 330-105-0035 - Notice of Adverse Decision

Current through Register Vol. 63, No. 7, July 1, 2024
The Secretary will give prompt notice of any adverse decision
				and the reasons for such decision. Notice will be sent to the applicant and
				Committee members.
Stat. Auth.: ORS 469 & 470
Stats. Implemented: ORS
				  470.090
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 105 - REVIEW OF LOAN REQUESTS BY THE SMALL SCALE LOCAL ENERGY PROJECT ADVISORY COMMITTEE › Section 330-105-0040 - Appeal to the Committee

Current through Register Vol. 63, No. 7, July 1, 2024
An applicant may ask the Committee to review an adverse
				decision. The request must be made in writing to the Secretary within 10
				working days after the date of the notice of the Director's decision. It must
				give the grounds for review in detail. The Secretary will send the request
				promptly to the Committee.
Stat. Auth.: ORS 469 & 470
Stats. Implemented: ORS
				  470.100
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 105 - REVIEW OF LOAN REQUESTS BY THE SMALL SCALE LOCAL ENERGY PROJECT ADVISORY COMMITTEE › Section 330-105-0045 - Appeal to the Governor

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Committee may decide by majority vote to appeal an adverse decision to the
			 Governor. The appeal must be made within the time allowed by law. The appeal
			 may include a copy of the application, the staff findings and recommendations,
			 the notice of the Director's decision, and a statement of the reasons for the
			 appeal. It may also include transcripts or recordings of comments made to the
			 Committee during its review.
(2)
			 The decision of the Governor is final. If the Governor fails to act within 30
			 days after receiving the appeal, the appeal is denied.
(3) The Secretary will inform the applicant
			 and the Committee in writing of the Governor's decision.
Stat. Auth.: ORS 469 & 470
Stats. Implemented: ORS
				  470.100
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 110 - THE SMALL SCALE LOCAL ENERGY LOAN PROGRAM › Section 330-110-0005 - Purpose, Statutory Authorization, Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of these rules is to provide
			 procedures for the Small Scale Local Energy Loan Program and standards and
			 criteria for projects to be met by applicants. These rules are authorized by
			 ORS 469.040,
			 470.080 and
			 470.140.
(2) It is the goal and policy of the Oregon
			 Department of Energy and the Small Scale Local Energy Project Advisory
			 Committee that these rules and the loan program:
(a) Encourage diversity in
			 projects;
(b) Develop and maintain
			 a loan portfolio that is reasonably balanced across market sectors and project
			 and borrower types; and
(c) Fund
			 energy projects that support the Department's goal for energy efficiency,
			 generation and security without regard to energy source.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 110 - THE SMALL SCALE LOCAL ENERGY LOAN PROGRAM › Section 330-110-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in ORS Chapter 470 and in these rules, the following
				definitions apply:
(1) "Adequate
			 security" means the pledge of real or personal property given to secure a loan
			 against loss or credit enhancement, guaranty or other security of value
			 authorized by ORS 470.170, given as assurance that
			 the loan will be paid.
(2)
			 "Alternative fuel project" means sub-sections (a) and (b):
(a) The purchase of a fleet of vehicles that
			 are modified or acquired directly from a factory and that:
(A) Use an alternative fuel including
			 electricity, gasohol with at least twenty percent denatured alcohol content,
			 hydrogen, hythane, methane, methanol, natural gas, propane, biodiesel or any
			 other fuel approved by the Director; and
(B) Produce lower exhaust emissions or are
			 more energy efficient than those fueled by gasoline.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 110 - THE SMALL SCALE LOCAL ENERGY LOAN PROGRAM › Section 330-110-0012 - Small Scale Local Energy Project Advisory Committee Appointments, Term and Term Limit, Renewal, Member Removal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Committee Appointment Process. As
			 committee vacancies arise, the department will issue a committee member opening
			 announcement.
(a) Applicants must complete an
			 Oregon executive appointments interest form.
(b) The department may conduct in-person
			 interviews, perform a background check and consult with current committee
			 members.
(c) An applicant may be
			 invited to attend a committee meeting.
(d) Department staff will submit a written
			 recommendation to the director.
(e) The director will consider the
			 recommendation and make the final determination, in accordance with ORS
			 470.070(2).
(f) If selected, the director will
			 issue a signed letter of appointment and the applicant must accept within ten
			 days.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 110 - THE SMALL SCALE LOCAL ENERGY LOAN PROGRAM › Section 330-110-0015 - Eligible Costs

Current through Register Vol. 63, No. 7, July 1, 2024
Subject to these rules, a loan may be approved to pay
				for:
(1) The cost of buying, building
			 and installing a project;
(2)
			 Audit, study, commissioning and design costs; and
(3) Reserves, interest, staff training and
			 site preparation costs.
Stat. Auth.: ORS 469 &
				  470.140
Stats. Implemented: ORS
				  470.080
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 110 - THE SMALL SCALE LOCAL ENERGY LOAN PROGRAM › Section 330-110-0016 - Ineligible Costs

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Loans funded from proceeds of tax-exempt bonds may not pay capital costs
			 incurred prior to bond issuance unless the Department has adopted a
			 reimbursement resolution declaring an intent to reimburse capital costs that
			 are paid after or no more than 60 days prior to such resolution.
(2) Except as allowed in ORS
			 470.050, the proceeds of a loan
			 may not be used to pay for parts of a project that are not consistent with
			 energy production using renewable resources or energy conservation or that do
			 not qualify as an alternative fuel project or recycling project, or do not meet
			 a sustainability standard set out in the Small Scale Local Energy Loan Program
			 Technical Requirements, unless the project is found by the Director to be a
			 demonstration project.
(3) The
			 proceeds of a loan may only be used to pay for projects or components of a
			 project that have longer than a 12 month simple payback. For the purposes of
			 this subsection, "component" means a part of a project that ordinarily saves or
			 produces energy by itself and that costs more than ten percent of total,
			 estimated project costs.
Stat. Auth.: ORS 469 &
				  470.140
Stats. Implemented: ORS
				  470.080
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 110 - THE SMALL SCALE LOCAL ENERGY LOAN PROGRAM › Section 330-110-0025 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may provide an initial review and advise whether a project appears to qualify
			 for loan financing by the program. The Department's advice, however, does not
			 constitute a loan approval or any other binding commitment. The Department
			 requires that an application be submitted and the required fees be paid if a
			 potential applicant wishes to apply for a loan after an initial
			 review.
(2) An application must be
			 made on Department approved forms and in a manner set by the
			 Department.
(3) The Department may
			 request an applicant's social security number in accordance with provisions of
			 the Privacy Act of 1974.
Stat. Auth.: ORS 469 &
				  470.140
Stats. Implemented: ORS
				  470.060 &
				  470.080
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 110 - THE SMALL SCALE LOCAL ENERGY LOAN PROGRAM › Section 330-110-0030 - Application Review Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In reviewing an application for financing by the program, the Department may
			 require an applicant to submit further documentation to determine whether a
			 loan should be made. If the Department fails to receive any items requested of
			 the applicant within fourteen days after making its request in writing, the
			 loan request may be denied. If the loan request is denied and the applicant
			 still desires to make a loan application, the applicant must submit a new
			 application and pay again any fees and charges applicable to loan applications
			 that are described in OAR 330-110-0055.
(2) Application review and appeal must
			 conform to ORS 470.080 to
			 470.100 and OAR
			 330-105.
(3) Loan approval or
			 denial is communicated to an applicant in writing. A Department issued approval
			 expires on the expiration date stated in the approval, or if no date is given,
			 60 days after the date of the approval. If the loan is not closed prior to the
			 date the approval expires, an applicant must submit a new application and pay
			 the fees and charges applicable to a new loan application. Any substantial
			 change, including but not limited to, a change in financial position, project
			 scope or the ownership of applicant, prior to the expiration of the approval,
			 may result in the voiding of the loan approval and require submission of a new
			 loan application.
(4) The
			 Department may require a third party project and financial feasibility study in
			 form and substance acceptable to the Department as a condition of approval on a
			 loan. Applicant must pay the cost of a third party study.
(5) Findings under ORS
			 470.090 are for the benefit of
			 the Department for lending purposes only. They do not endorse the project, its
			 design or its parts. They offer no assurance of any kind to any person or
			 entity, including the applicant, for any purpose.
Stat. Auth.: ORS 469 &
				  470.140
Stats. Implemented: ORS
				  470.080 -
				  470.100
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 110 - THE SMALL SCALE LOCAL ENERGY LOAN PROGRAM › Section 330-110-0035 - Findings by the Director

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 To approve an application for a loan, the Director must make the following
			 findings:
(a) The project is consistent with
			 preservation and enhancement of the environment. Factors may include whether
			 the project saves conventional fuel, makes efficient use of a renewable
			 resource, reduces greenhouse gas emissions or promotes
			 sustainability.
(b) The plan for
			 the project assures its timely completion, quality and adequate funding.
			 Funding includes adequate working capital and reserves.
(c) The project meets the goals of the
			 Department.
(d) The applicant has
			 certified as part of the application that the applicant is in compliance with
			 applicable state and local regulations. If requested, the applicant must
			 provide compliance documentation. Failure to disclose any issues regarding
			 compliance or any issues of non-compliance may result in denial of an
			 application by the Department.
(e)
			 Any other findings required by ORS
			 470.090.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 110 - THE SMALL SCALE LOCAL ENERGY LOAN PROGRAM › Section 330-110-0036 - Public Health, Safety, and Environmental Issues

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The policy of the Department is:
(a) To accept the findings of local, state
			 and federal agencies that license or permit projects to be built or run;
			 and
(b) To avoid influencing any of
			 those agencies to approve or deny a license or a permit.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 110 - THE SMALL SCALE LOCAL ENERGY LOAN PROGRAM › Section 330-110-0040 - Loan Limits, Security, and Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director may limit the term and
			 amount of any loan or loan approval. The Director may deny any application or
			 set such terms and conditions in regard to any loan or loan approval as needed
			 to assure a sound loan or to protect the fiscal integrity of the program.
(2) A loan secured by real
			 property must be secured by a first lien on such real property in favor of the
			 State of Oregon and must not exceed eighty percent of the security value of
			 such real property. The real property that is collateral for the loan must have
			 been appraised by a licensed appraiser, county assessor or Department
			 appraiser, at the discretion of the director, no longer than six months prior
			 to the date of the loan approval. The Department will consider junior liens
			 only on a case-by-case basis.
(3)
			 If a loan to a municipal corporation will be repaid from project income, the
			 security package for the loan may include the project income.
(4) A loan to a state agency, an eligible
			 federal agency or a public corporation may be secured by project income, in
			 addition to the facility or equipment that make up the project, by a lease
			 purchase contract or by other income or security in accordance with ORS
			 470.170. State agencies,
			 eligible federal agencies or public corporation borrowers must provide
			 resolutions or other official action of borrower's governing body approving the
			 loan and the other matters contemplated by the loan documents, and of all other
			 documents evidencing any other necessary action by Applicant's governing body.
(5) The Department generally
			 requires an unconditional and absolute guaranty of the owners or the principal
			 shareholder of the borrower or that of a person having sufficient resources to
			 satisfy the borrower's repayment obligation for the loan should the borrower
			 default.
(6) The Director may
			 consider savings in operation and maintenance costs in estimating the annual
			 project cost savings. The Director may also, when calculating the estimated
			 savings in fuel costs, consider reasonably expected increases in the cost of
			 fuel.
(7) A project that primarily
			 produces energy for sale must have:
(a)
			 Secure sources of supply and contracts for the sale of output;
(b) Projected income, net of operating
			 expenses and maintenance costs, of at least 125 percent of annual debt service
			 for each year of the loan; and
(c)
			 An identified secondary source of repayment apart from the project income.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 110 - THE SMALL SCALE LOCAL ENERGY LOAN PROGRAM › Section 330-110-0042 - Bond Refunding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department must pursue opportunities to refund bonds to reduce interest sums paid by the Department.
(a) When the Department refunds a bond with tax-exempt bonds, the Department must share, on an equitable basis, the savings from any refunding with the affected borrowers in an amount consistent with a finding by the Director that the sinking fund has, and will continue to have, sufficient funds to make payments required under ORS 470.300(1). Affected borrowers are those whose loans were made with the proceeds of the refunded bonds.
(b) For the purposes of OAR 330-110-0042(1), savings from a refunding are shared on an equitable basis if the Department receives half the savings, and the affected borrowers receive or split half the savings, net of costs, from a bond refunding. When the Internal Revenue Code or other law limits the amount of refunding savings the Department may retain or provide to the affected borrowers, the Department may receive less or more than half the savings, and the affected borrowers will receive the remainder. If multiple loans were funded from the proceeds of the refunded bonds, the affected borrowers will share the savings in proportion with their respective shares of the proceeds of the refunded bonds that were used to make their loans, adjusted for the remaining term to maturity of their loans.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 110 - THE SMALL SCALE LOCAL ENERGY LOAN PROGRAM › Section 330-110-0045 - Waiver, Authority of Administrator

Current through Register Vol. 63, No. 7, July 1, 2024
The Director:
(1) May,
			 in writing, waive any of these rules. The waiver must serve the aims of the
			 program, not cause financial damage to the program, and not conflict with ORS
			 chapter 470.
(2) May contract with
			 regulated financial institutions, state or federal agencies or others to
			 provide services, subsidies or grants to the program.
(3) May take such steps as are needed to
			 recover loan funds and prevent their misuse, or to prevent a project from being
			 diverted from its purposes.
(4) May
			 delegate, in writing, authority to approve, deny or amend loans and to execute
			 bond and loan documents. A partial release of lien may be granted by the
			 Director upon the written request of a borrower if the security value of the
			 remaining security is adequate to secure the loan and meet the security
			 requirements of OAR 330-110-0040. The Director will consider the
			 creditworthiness and repayment history of the borrower in considering such a
			 request.
(5) May contract with a
			 person to operate a project in the event of any default that results in the
			 Department taking and running the project.
(6) May settle, modify or release any person
			 from liability for a loan so long as such action does not damage the
			 program.
(7) May take any action
			 allowed by law to comply with federal codes and rules on bonding or to assure
			 the payment of program bonds.
Stat. Auth.: ORS 469 &
				  470.140
Stats. Implemented: ORS
				  470.080 &
				  470.150
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 110 - THE SMALL SCALE LOCAL ENERGY LOAN PROGRAM › Section 330-110-0046 - Loan Amendments

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may amend the terms of a loan in accordance with
				OAR 330-110-0046.
(1) Amendments may
			 include but are not limited to amending the interest rate or payment amount in
			 accordance with a bond refunding, changing payment dates or extending maturity
			 dates.
(2) A borrower must request
			 a loan amendment in writing. The request must include a detailed explanation of
			 the amendment requested with information and documentation by the borrower that
			 demonstrates the need for the amendment.
(3) When considering a request for a loan
			 amendment, the Department may require the borrower to submit information it
			 deems necessary to evaluate the request, such as financial statements,
			 collateral information and valuation.
(4) The Department will only approve a loan
			 amendment request if the amendment results in a significant increase in the
			 security value to the loan security or significantly improves the borrower's
			 ability to meet its obligations in regard to the loan.
(5) The borrower will be notified in writing
			 whether or not the Department will agree to the requested loan
			 amendment.
(6) Approved loan
			 amendments are subject to a fee of $300 plus additional charges for items
			 listed in OAR 330-110-0055. Such charges will be estimated or itemized for the
			 borrower.
Stat. Auth.: ORS
				  469.040 &
				  470.080,
				  470.140
Stats. Implemented: ORS
				  470.050 &
				  470.815
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 110 - THE SMALL SCALE LOCAL ENERGY LOAN PROGRAM › Section 330-110-0047 - Loan Forbearance

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may consider forbearance on a loan, but will
				only consider forbearance if the borrower is current on its loan payments and
				is in compliance with the terms of its loan documents.
(1) If a borrower is requesting forbearance
			 for its loan, this loan must be current and in good standing, and have no late
			 charges outstanding, up to and including the date the forbearance documents are
			 signed.
(2) A borrower must request
			 forbearance in writing. The request must include a detailed explanation of the
			 reason for the forbearance request including information and documentation that
			 demonstrates the need for the forbearance.
(3) When considering a request for
			 forbearance, the Department may require that the borrower submit information it
			 deems necessary to evaluate the request, such as financial statements,
			 collateral information and valuation.
(4) The borrower will, within thirty days of
			 its request, be notified in writing whether or not the Department agrees to the
			 loan forbearance request.
(5) The
			 Department will only approve a forbearance request from a borrower who has
			 submitted a written plan demonstrating that the temporary suspension or
			 reduction of loan payments will significantly increase the likelihood of full
			 loan repayment.
(6) The Department
			 may extend a forbearance agreement beyond the initial forbearance period, if
			 the circumstances, in the Department's sole discretion, justify such an
			 extension.
(7) A borrower
			 requesting forbearance must pay the Department a loan servicing fee that is
			 calculated on the basis of the borrower's payment amount and loan balance.
			 Additional charges may be made for items listed in OAR 330-110-0055(4). Such
			 charges will be estimated or itemized for the borrower before they are
			 incurred.
(8) Approval of a
			 forbearance request will not reduce the borrower's liability to the Department
			 for the loan.
Stat. Auth.: ORS
				  469.040 &
				  470.080,
				  470.140
Stats. Implemented: ORS
				  470.050 &
				  470.815
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 110 - THE SMALL SCALE LOCAL ENERGY LOAN PROGRAM › Section 330-110-0048 - Delinquent Accounts

Current through Register Vol. 63, No. 7, July 1, 2024
Delinquent loans will be managed in accordance with ORS
				470.170 and subject to the
				Department's collection procedures, including but not limited to:
(a) written demand,
(b) collection of late fees,
(c) acceleration of the amount due,
(d) action against a guarantor or
(e) any other legal remedy available to the
			 Department.
Stat. Auth.: ORS
				  469.040 &
				  470.080,
				  470.140
Stats. Implemented: ORS
				  470.050 &
				  470.815
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 110 - THE SMALL SCALE LOCAL ENERGY LOAN PROGRAM › Section 330-110-0055 - Fees and Charges

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				470.060, an applicant will pay
				the Department for costs to review, process and service a request for a loan.
				Applicants will pay the following fees and charges:
(1) A non-refundable application fee as fixed
			 by ORS 470.060. "Application," as used
			 here, includes a request to assume or transfer or increase an existing loan but
			 does not include a request for an interim loan made in an application for a
			 permanent loan for a project. If the Department consults with an applicant on a
			 loan before an application is submitted the applicant must pay an application
			 fee after the first hour of consultation. The fee will be applied to the
			 application fee for an application that is submitted within thirty days of the
			 consultation. If an application is submitted more than thirty days after the
			 consultation, the applicant must pay a new application fee.
(2) A non-refundable underwriting fee of $500
			 or one-half of one percent of the loan request amount, whichever is greater,
			 but not to exceed $5,000.
(3) A
			 loan fee of between one and four percent of the loan amount based upon the
			 Director's assessment of the risk profile of the project, payable at loan
			 closing.
(4) Charges for items
			 including, but not limited to credit reports, expert advice, legal fees,
			 construction inspections, disbursement fees, loan servicing fees and
			 appraisals, unless charges incurred also benefit another application, in which
			 case the charges will be divided equitably. Such charges will be estimated or
			 itemized for the applicant before they are incurred.
(5) A fee of $500 for each request to release
			 or modify security. Additional charges may be made for items listed in OAR
			 330-110-0055(4). Such charges will be estimated or itemized for the applicant
			 before they are incurred.
(6) The
			 interest rate set in a binding loan commitment may not be increased without the
			 applicant's consent except as provided in the loan commitment or the loan
			 documents. The interest rate for any project proposed by an eligible federal
			 agency must be set in accordance with ORS
			 470.150(2).
			 Loan contracts may provide for rates to be adjusted upon issuance of the bonds
			 whose proceeds fund the loans.
(7)
			 The Department may offer a fee that combines the fees and charges in OAR
			 330-110-0055(1) through (3)  and that is equal to or less than the sum of the
			 fees and charges in OAR 330-110-0055(1) through (3). If offered, a combined fee
			 will apply to any applicant receiving similar loan terms.
Stat. Auth.: ORS 469 &
				  470.140
Stats. Implemented: ORS
				  470.060 &
				  470.150
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 110 - THE SMALL SCALE LOCAL ENERGY LOAN PROGRAM › Section 330-110-0060 - Alternative Fuel Vehicle Revolving Fund Program; Loan Terms

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department
			 will use the moneys from the Alternative Fuel Vehicle Revolving Fund to provide
			 loans to private entities as defined in ORS
			 469.960, public bodies defined
			 in 174.109 and federally recognized
			 Indian tribes in Oregon and may use the moneys to pay for the department's
			 expenses in administering the Alternative Fuel Vehicle Revolving Fund,
			 Alternative Fuel Vehicle Revolving Fund Program and related costs.
(2) As defined in ORS
			 469.960 to be eligible for this
			 loan program, private entities must operate a fleet of motor vehicles that are
			 based in an area described in
			 468A.390 or
			 815.300 and must not hire fleet
			 drivers who qualify as independent contractors, as defined in
			 670.600.
(a) The department may use the address on the
			 vehicle titles, the area the vehicles are operated the majority of time and
			 other evidence of primary usage location to determine the fleet's base. Section
			 (2) does not apply to public bodies or tribes.
(b) Eligible private entities must certify,
			 on the application form, stating they do not hire fleet drivers who qualify as
			 independent contractors.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 112 - ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM › Section 330-112-0000 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
These rules carry out provisions of ORS Chapter 470 as they
				pertain to the administration by the Oregon Department of Energy of the Energy
				Efficiency and Sustainable Technology Act of 2009. Oregon Administrative Rule,
				chapter 330, division 112 sets out the rules governing the department's energy
				efficiency and sustainable technology loan program. The purpose of the program
				is to provide financing for energy efficiency upgrades of residential and
				commercial buildings in the State of Oregon.
Stat. Auth.: ORS
				  470.500 - 47.0715, 2009 OL Ch.
				  753 & HB 3675 (2010)
Stats. Implemented: ORS
				  470.500 -
				  470.715, 2009 OL Ch. 753 &
				  HB 3675 (2010)
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 112 - ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM › Section 330-112-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in ORS Chapter 470 and in Oregon Administrative Rule,
				Chapter 330, Division 112, the following terms have the definitions set forth
				below unless the context requires otherwise:
(1) "Act" means ORS
			 470.500 through
			 470.715.
(2) "Base efficiency package" has the meaning
			 given that term in ORS
			 470.050(3).
(3) "Contractor" is defined in ORS
			 701.119.4.
(4) "Department" means
			 the Oregon Department of Energy.
(5) "Director" means the director of the
			 Oregon Department of Energy.
(6)
			 "Eligible entities" means those parties that meet with the general provisions
			 of ORS 470.060.
(7) "Energy savings projection" is defined in
			 ORS470.050(13).
(8) "Estimated economic benefit" means the
			 amount by which the average estimated monthly energy savings of a project
			 exceed the project repayment costs.
(9) "Financial Manager" is a financial
			 manager as described in ORS
			 470.590
(10) "Measure" means the building shell and
			 energy efficiency equipment improvements via materials and products that reduce
			 energy use by an existing building.
(11) "Nontraditional technology" means
			 technology applicable to renewable energy sources (such as, biomass,
			 geothermal, solar, wave, and wind), smart grid, and alternative
			 fuels.
(12) "Optional package" has
			 the meaning given that term in ORS
			 470.050(21).
(13) "PPFA" means the Public Purpose Fund
			 Administrator as defined in ORS
			 470.050(23).
(14) "Program", "EEAST" or "EEAST program"
			 means the energy efficiency and sustainable technology loan program.
(15) "Project" means a small scale local
			 energy project, as defined by ORS
			 470.050(27),
			 being funded by the EEAST program.
(16) "Sustainable energy project manager"
			 means a sustainable energy project manager as defined in ORS
			 470.050(30).
(17) "Property" means the property benefited
			 by a project.
(18) "Territory" or
			 "sustainable energy territory" means the geographic service area that a
			 sustainable energy project manager serves.
(19) "Useful life" means the number of years
			 that a project or project component will likely function without major repair
			 or replacement.
Stat. Auth.: ORS
				  470.500 - 47.0715, 2009 OL Ch.
				  753 & HB 3675 (2010)
Stats. Implemented: ORS
				  470.500 -
				  470.715, 2009 OL Ch. 753 &
				  HB 3675 (2010)
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 112 - ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM › Section 330-112-0030 - Sustainable EnergyTerritories

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The boundaries for sustainable energy
			 territories shall comply with ORS
			 470.530(3) (a), (b), and
			 (c) and ORS
			 470.555
(2) Territory boundaries may be set by the
			 director as necessary to accomplish the goals of the program.
Stat. Auth.: ORS
				  470.500 - 47.0715, 2009 OL Ch.
				  753 & HB 3675 (2010)
Stats. Implemented: ORS
				  470.500 -
				  470.715, 2009 OL Ch. 753 &
				  HB 3675 (2010)
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 112 - ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM › Section 330-112-0040 - Form of Loan Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department may make loans to eligible entities under the terms of written
			 commitments.
(2) Loans shall be
			 made with proceeds from bonds issued pursuant to ORS
			 470.610 or other available funds
			 obtained by the Department. The Department may establish such fees, charges,
			 premiums, interest rates, and repayment terms, as the Department considers
			 appropriate or necessary to provide sufficient funds to:
(a) Pay for the cost of borrowing through
			 bond issuance; and
(b) Carry out
			 the EEAST program; Further, the Department may include in the loan
			 documentation such covenants, performance criteria and reporting requirements
			 as the Department considers appropriate or necessary for the type, use and
			 amount of loan provided, and such other provisions as the Department considers
			 appropriate or necessary, to provide sufficient safeguards to protect the
			 financial interest of the state.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 112 - ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM › Section 330-112-0050 - Loan Evaluation, Processing and Collection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Projects and EEAST loans may be processed
			 through a sustainable energy project manager. The PPFA and consumer-owned
			 utilities that participate in the EEAST program will be the initial sustainable
			 energy project managers within their territories.
(2) The Department may make loans to entities
			 that will use the funds to provide EEAST loans.
(3) The Department or sustainable energy
			 project manager will review all applications of eligible entities. An applicant
			 shall submit such documentation as the Department or sustainable energy project
			 manager may require to determine whether a loan should be approved. If any
			 items requested by the Department or sustainable energy project manager are not
			 received within fourteen days from the date of the request, the loan
			 application may be denied. If a loan application is denied and an applicant
			 chooses to re-apply, the applicant must submit a new application and again pay
			 any applicable fees and charges.
(4) The Director or sustainable energy
			 project manager may deny a loan to any applicant that restricts membership,
			 sales, or services on the basis of any of the protected classes listed in ORS
			 659A.003.
(5) The final maturity of a loan shall not
			 exceed the lesser of (a) 20 years from the date of its making, and (b) the
			 dollar-weighted average of the useful life of the project components.
(6) The director may limit the term and
			 amount of any loan. The director may deny any loan request or set such terms
			 and conditions as needed to assure a sound loan or to protect the program funds
			 and the Department.
(7) All EEAST
			 loans made by the Department or sustainable energy project managers shall
			 comply with the requirements of ORS
			 470.060;
			 470.065;
			 470.070;
			 470.080;
			 470.090;
			 470.100;
			 470.120;
			 470.150;
			 470.155;
			 470.170;
			 470.190;
			 470.200; and
			 470.210, to the extent not
			 contrary to the requirements of the Act.
Stat. Auth.: ORS
				  470.500 - 47.0715, 2009 OL Ch.
				  753 & HB 3675 (2010)
Stats. Implemented: ORS
				  470.500 -
				  470.715, 2009 OL Ch. 753 &
				  HB 3675 (2010)
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 112 - ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM › Section 330-112-0060 - Certification Standards for Contractors

Current through Register Vol. 63, No. 7, July 1, 2024
These standards apply to contractors participating in the
				construction of projects financed through the program, but not including home
				energy savings projections. Contractors must obtain certification under ORS
				701.119 from the Construction
				Contractors Board to participate. To obtain certification the contractor
				must:
(1) Prove that the contractor
			 has sufficient skill to ensure that the contractor can successfully install
			 energy efficiency, renewable energy or weatherization projects with a high
			 degree of quality and customer satisfaction, such skills to be demonstrated by
			 one of the following:
(a) Oregon Home
			 Performance certified through the ENERGY STAR Building Performance Institute
			 (BPI);
(b) Residential Energy
			 Analyst Program (REAP) certified through the Oregon Energy Coordinators
			 Association; or
(c) Completion by
			 its employees of training based on the curriculum developed by an accredited
			 organization to meet the United States Department of Energy standards and any
			 additional specifications and standards designated by the Department and
			 PPFA.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 112 - ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM › Section 330-112-0070 - Standards for Contractors during Pilot Programs

Current through Register Vol. 63, No. 7, July 1, 2024
Contractors without certification may work on projects under
				pilot programs if no certified contractor is available, and the PPFA or
				sustainable energy project manager has approved the contractor. The contractor
				must pay wages to employees used for pilot projects at a rate equal to at least
				180 percent of the state minimum wage or, if the project is for a commercial
				structure or is subject to prevailing wage laws, the prevailing wage for each
				trade or occupation employed.
Stat. Auth.: ORS
				  470.500 - 47.0715, 2009 OL Ch.
				  753 & HB 3675 (2010)
Stats. Implemented: ORS
				  470.500 -
				  470.715, 2009 OL Ch. 753 &
				  HB 3675 (2010)
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 112 - ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM › Section 330-112-0080 - Energy Savings Projections

Current through Register Vol. 63, No. 7, July 1, 2024
Proposed measures shall be ranked in order of energy cost
				savings per dollar of measure cost before incentives, with less effective
				measures including in their energy savings calculations any reductions in
				energy use available from more effective measures. The estimated costs and
				energy savings calculations for each measure in the energy savings projections
				shall clearly and separately note all eligible rebates, tax credits or other
				incentives for the measure.
Stat. Auth.: ORS
				  470.500 - 47.0715, 2009 OL Ch.
				  753 & HB 3675 (2010)
Stats. Implemented: ORS
				  470.500 -
				  470.715, 2009 OL Ch. 753 &
				  HB 3675 (2010)
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 112 - ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM › Section 330-112-0090 - Base Efficiency Package and Optional Packages Content

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The base
			 efficiency package and any recommended optional packages for a property shall
			 be compiled from the results of an energy savings projection as defined in ORS
			 470.050(3);
			 470.050(13)].
(2) All energy savings projection evaluations
			 shall meet with the provisions of ORS
			 470.635
(3) A package that does not during its useful
			 life produce anticipated energy savings of at least 25 percent of the cost of
			 the package is not eligible for a loan under this program; but this restriction
			 does not apply to nontraditional technologies approved by the
			 Department.
(4) The base efficiency
			 package for a residential dwelling served by a single meter shall include an
			 insulation package in accordance with installation standards to at least the
			 following, as applicable:
(a) Building
			 Envelope
(A) Attic/Ceiling: insulate to
			 R-38;
(B) Floor: if currently R-11
			 or less, insulate to R-30 or full cavity thickness;
(C) Wall: if currently R-4 or less, insulate
			 to R-11 or fill wall cavity; and
(D) Air Leakage: whole-house air sealing
			 measures in accordance with installation standards.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 112 - ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM › Section 330-112-0100 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
Project Initiation Fee The department hereby establishes the
				project initiation fee for all EEAST loans at three percent of the application
				loan amount.
Stat. Auth.: ORS
				  470.500 - 47.0715, 2009 OL Ch.
				  753 & HB 3675 (2010)
Stats. Implemented: ORS
				  470.500 -
				  470.715, 2009 OL Ch. 753 &
				  HB 3675 (2010)
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 118 - STATE AGENCY ENERGY SAVINGS PROGRAM › Section 330-118-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 330-118-0000  through 330-118-0090  allows state agencies to
				retain and spend 50 percent of the net savings from energy projects pursuant to
				ORS 469.752 to
				469.756.
Stat. Auth.: ORS
				  469.752 - ORS
				  469.756
Stats. Implemented: ORS
				  469.752 - ORS
				  469.756
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 118 - STATE AGENCY ENERGY SAVINGS PROGRAM › Section 330-118-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in Chapter 487, Oregon Laws 1991 and in these rules,
				the following terms shall have the following definitions, unless the context
				clearly indicates otherwise:
(1)
			 "Baseline Energy Budget" means the expenditure limitation amount budgeted for
			 energy costs by the agency immediately prior to installation of the
			 project.
(2) "Budget and Management
			 Division" means the Department of Administrative Services Budget and Management
			 Division.
(3) "Cogeneration" has
			 the meaning given that term in ORS
			 758.505(2).
(4) "Department" means the Oregon Department
			 of Energy.
(5) "Efficiency of
			 Energy Use" means the ratio of output (work done) to input (energy
			 used).
(6) "Electric Utility" means
			 a utility which is regulated by the state or the Federal Energy Regulatory
			 Commission that provides retail electric power to consumers.
(7) "Energy Cost savings" means the dollar
			 savings based on the annual monitored savings from the project calculated as
			 follows:
(a) For projects which do not sell
			 energy or power to an electric utility or the Bonneville Power Administration,
			 energy savings times the last rate in effect or fuel cost during the monitored
			 savings period;
(b) For projects
			 which sell energy or power, the amount of energy or power delivered to one or
			 more electric utilities or the Bonneville Power Administration as a result of
			 the project times the rates(s) stated in the energy or power sales
			 agreement(s);
(c) For projects
			 which do not either sell or use all of their energy or power savings or
			 production, the energy cost savings shall be the sum of amounts proportionally
			 calculated as in subsection (a) and (b) of this section.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 118 - STATE AGENCY ENERGY SAVINGS PROGRAM › Section 330-118-0020 - Project Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Eligible projects include, but are not limited to, the following:
(a) Projects which improve efficiency or
			 attain high efficiency of energy use through energy system or process changes,
			 equipment replacement, or waste heat recovery;
(b) Projects consisting of measures meeting
			 energy efficiency criteria encouraged or approved by the electric or gas
			 utilities providing service to the state facility or the Department;
(c) Employee awareness campaigns and on-going
			 training; and
(d) Projects that
			 meet these eligibility requirements, that began construction or installation
			 after September 30, 1991, and that were not completed prior to final adoption
			 of rules. These projects are not subject to the provisions of the Offering the
			 Right of First Refusal.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 118 - STATE AGENCY ENERGY SAVINGS PROGRAM › Section 330-118-0025 - Project Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Whenever an agency proposes to undertake a project under ORS
			 469.754 the state agency shall
			 provide a notice to the Department and to the gas and electric utilities which
			 serve the state facility where the project is domiciled and to a mailing list
			 of interested persons developed by the state agency for this purpose. The
			 notice shall be provided to any requesting person and include a statement of
			 whether the agency intends to rely on the authority in ORS
			 469.754 and these rules, or
			 whether the agency intends to rely on its own authority to proceed with the
			 project.
(2) When a state agency
			 intends to proceed with a project other than listed in section (3) of this
			 rule, the notice shall, in addition to the information above, include:
(a) The physical location of the
			 project(s);
(b) The anticipated
			 size or size range of the project(s) stated in annual energy (in kWh or Btu) or
			 capacity (in kW, horsepower or pressure), and its anticipated seasonal
			 disposition;
(c) Whether the
			 project(s) may provide steam or useful heat, and its anticipated seasonal
			 disposition;
(d) A description of
			 how the project(s) could be developed, financed and operated;
(e) An intended schedule for completion and
			 operation of the project(s); and
(f) The anticipated fuel source(s).
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 118 - STATE AGENCY ENERGY SAVINGS PROGRAM › Section 330-118-0030 - Right of First Refusal

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 To exercise their right to first negotiate and right of first refusal the
			 electric and gas utilities which serve the project's domicile must submit a
			 proposal in response to an agency's procurement solicitation.
(2) A state agency shall provide the electric
			 and gas utilities which serve the project's domicile, and any other potential
			 suppliers, timely access to the project site for the audit and planning
			 purposes.
(3) An electric or gas
			 utility which serves the project's domicile that wants to negotiate for or to
			 match any sales of a project's electrical or steam output which may be sold
			 must state such interest in their proposal in response to the agency's
			 procurement solicitation.
(4) A
			 state agency is not obligated by these rules to commit to utility proposals to
			 buy electricity, develop, finance, operate or otherwise act together in energy
			 conservation or cogeneration and renewable resource projects which generate
			 electricity or sell energy or power to electric utilities or the Bonneville
			 Power Administration. These rules do not alter the agency's or utility's rights
			 and obligations under ORS
			 758.505 -
			 758.555 and
18 CFR 292 .et
			 seq.
.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  469.752 - ORS
				  469.756
Stats. Implemented: ORS
				  469.752 - ORS
				  469.756