reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 118 - STATE AGENCY ENERGY SAVINGS PROGRAM › Section 330-118-0040 - Selection of Project Vendors and Participants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Agencies shall undertake competitive
			 procurements for projects. The agency's applicable rules and regulations for
			 competitive procurement and confidentiality shall apply along with additional
			 authorities vested in he agency by ORS
			 469.752 -
			 469.756. Nothing in these rules
			 requires an agency to use a competitive procurement for exempt projects per OAR
			 330-118-0020(2). A copy of the procurement solicitation shall be sent to the
			 electric and gas utilities which serve the project's domicile and to a list of
			 all interested persons developed by the state agency for this
			 purpose.
(2) Agency procurement
			 solicitations must include:
(a) A description
			 of the preferred state facility(ies) to domicile the project(s);
(b) As applicable, the preferred size or size
			 range of the project(s) stated in annual energy (in kWh or Bts) or capacity (in
			 kW, horsepower or pressure), and its preferred seasonal disposition;
(c) Whether the project(s) must provide steam
			 or useful heat and its preferred seasonal disposition;
(d) A description of any specific problems,
			 needs or issues the project should address;
(e) A preferred schedule for completion and
			 operation of the project(s);
(f)
			 Any limitations or preferences for fuel source(s);
(g) Notification of the agency's rights cited
			 in OAR 330-118-0030(4)  and 330-118-0055; and
(h) A complete description of the criteria
			 used for evaluation of proposals.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 118 - STATE AGENCY ENERGY SAVINGS PROGRAM › Section 330-118-0050 - Negotiating Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
The agency is authorized to enter into such contractual and
				other arrangements as may be necessary or convenient to design, develop,
				operate and finance a project at state-owned or state-rented facilities.
				Utilities may be vendors. The procedure shall be:
(1) Upon entering into a commitment with a
			 vendor, the agency appoints representative(s) to work with the vendor to
			 develop the project. Within three months the agency representative(s) and the
			 vendor complete a project plan, including commissioning and training; develop a
			 detailed budget; decide the allocation of risks and responsibilities of each
			 party from project development through operation; determine costs to be assumed
			 by the agency and by the vendor; determine length of agreement; set
			 timelines.
(2) The agency and the
			 vendor execute a written agreement within two months of completing the above
			 tasks.
(3) The Department resolves
			 disputes between agency and vendor arising from the project. The director's
			 decision is final.
(4) If changes
			 to the project are made subsequent to the written agreement, the agreement may
			 be amended.
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 330-118-0055 - Disposition of Steam and Electricity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An agency is not obligated to sell any or
			 all of a project's energy, power, steam, or any other energy form.
(2) If an electric or gas utility which
			 serves the project's domicile has responded according to OAR 330-118-0030(3)
 
			 the agency shall initiate an auction for the sales of the electric output or
			 steam which the utility has expressed interest in acquiring. The auction shall
			 be open to all potential buyers of the energy and solicit bids. Upon evaluation
			 of bids, and with consultation with the Department, the agency may select
			 buyer(s) for contract negotiations. The agency reserves the right to reject all
			 proposals. If an agency determines that negotiations are at an impasse, it may
			 terminate negotiations and select another buyer. If an agency judges an offer
			 from an electric or gas utility which serves the project's domicile to be of
			 equal merit to the highest ranking offer, the utility's offer shall be deemed a
			 match and be selected for contract negotiations, all else equal. Upon written
			 notice from the agency at the close of the auction the electric and gas
			 utilities which serve the state facility where the project is domiciled shall
			 have the right to match the best offer available to the agency for a period of
			 30 days. The agency may use competitive negotiations to select the best offer.
			 The utility will have the right to match the best offer whether or not
			 competitive negotiations are used. Should two utilities which serve the
			 project's domicile be judged to have the highest ranking offers, the agency may
			 select either one. Criteria for selecting buyers of steam and electricity shall
			 include:
(a) Transaction costs;
(b) Risks retained by the agency;
(c) Term; and
(d) Impact on estimated net savings over the
			 life of the project.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 118 - STATE AGENCY ENERGY SAVINGS PROGRAM › Section 330-118-0060 - Budget Not Cut

Current through Register Vol. 63, No. 7, July 1, 2024
The net savings shall not be deducted from the agency's budget
				throughout the savings period, as long as the project produces savings. When
				preparing its biennial budget request the agency may use the baseline energy
				budget. This amount may be adjusted by an inflationary factor to cover
				increases in utility rates or fuel costs, increases in energy costs due to
				weather variations, or similar events causing changes in energy
				use.
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 330-118-0070 - Retaining Fifty Percent of Net Savings

Current through Register Vol. 63, No. 7, July 1, 2024
A state agency that implements a project in accordance with
				this rule may retain 50 percent of the net savings and maintain its baseline
				energy budget by:
(1) Prior to
			 implementation of the project, the agency shall submit to the Budget and
			 Management Division:
(a) Notification in
			 writing of their intent to exercise their 50 percent savings option, pursuant
			 to ORS 469.754; and
(b) Performance measures pertaining to the
			 project.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 118 - STATE AGENCY ENERGY SAVINGS PROGRAM › Section 330-118-0080 - Use of Savings

Current through Register Vol. 63, No. 7, July 1, 2024
A state agency shall spend the 50 percent of net savings to
				increase productivity through: Energy efficiency projects; high-tech
				improvements, such as the purchase or installation of new desk-top or lap-top
				computers or the linkage of computers into systems or networks; or
				infrastructure improvements. The agency shall submit to Budget and Management
				Division a plan for use of the revolving fund through the biennial budget
				process.
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 330-118-0090 - Agreements with the Department for Technical Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The agency may request an assessment of
			 energy and power marketing opportunities, energy audit and/or engineering study
			 through the Department's Small Scale Energy Loan Program.
(2) The agency may submit written requests to
			 the Department for specific assistance, including but not limited to marketing
			 of energy and power, engineering, architectural, and energy analysis. At the
			 discretion of the Department, an Interagency Agreement, in accordance with ORS
			 Chapter 190, may be executed. The Department reserves the right to charge the
			 agency fees for work not covered by Small Scale Energy Loan Program statutes,
			 such as arbitration, technical review, etc.
(3) Any loans with the Small Scale Energy
			 Loan Program must comply with OAR Chapter 330, Divisions 105 and 110.
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 125 - RESIDENTIAL STANDARDS DEMONSTRATION PROGRAM SELECTION RULES › Section 330-125-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 describe how the Oregon Department of Energy will select persons or businesses
			 who will receive incentives for building electrically-heated residences that
			 meet model energy efficiency standards. The incentives will be offered by the
			 Department contingent on an agreement with the Bonneville Power Administration
			 (BPA). The incentives program will test model residential conservation
			 standards proposed for residences by the Northwest Power Planning
			 Council.
(2) Neither the Department
			 nor the State of Oregon warrant or certify as cost-effective any measure or
			 design for which an incentive is granted. Compliance with the model
			 conservation standards does not guarantee or assure the safety, reliability, or
			 performance of any energy conservation device or installation. These rules are
			 only for the selection of incentive recipients.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 125 - RESIDENTIAL STANDARDS DEMONSTRATION PROGRAM SELECTION RULES › Section 330-125-0020 - General Eligibility Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A home buyer or a home builder may apply
			 for participation in the program; however, the cash incentive will be paid to
			 the home builder and contract awarding the incentive can be signed only by the
			 home builder.
(2) An applicant must
			 demonstrate the financial ability to build the number of single-family
			 residences or multi-family buildings for which incentives are requested. Such
			 residences or buildings must be built in Oregon within eight months of entering
			 into a contract with the Department, except in the case of natural disasters,
			 strikes, and unavoidable shortages in materials and supplies. A time extension
			 may be granted at the discretion of the Director of the Department for
			 reasonable delays due to unforeseeable circumstances.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 125 - RESIDENTIAL STANDARDS DEMONSTRATION PROGRAM SELECTION RULES › Section 330-125-0022 - Home Builder Eligibility Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A home builder must demonstrate to the
			 Department:
(a) That he or she has built at
			 least three residences since January 1, 1979; or
(b) That he or she has done at least $250,000
			 gross business in building construction since January 1, 1979.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 125 - RESIDENTIAL STANDARDS DEMONSTRATION PROGRAM SELECTION RULES › Section 330-125-0025 - General Limitations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only
			 one incentive will be granted for each residential unit.
(2) The total cost of a single-family
			 residential unit, excluding land costs, on-site and off-site improvements, may
			 not exceed $120,000.
(3) No person
			 or company may receive an incentive for more than five single-family
			 residential units. This limitation may be waived by the Director of the
			 Department if a sufficient number of incentives have not been awarded within 60
			 days of the beginning of the selection and evaluation period.
(4) No Departmental employees, BPA employees
			 involved in the RSD Program, or their immediate families are eligible to
			 receive an incentive under this program.
(5) Proposed residences which will use heat
			 pumps must have a gross floor area of at least 2,000 square feet.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 125 - RESIDENTIAL STANDARDS DEMONSTRATION PROGRAM SELECTION RULES › Section 330-125-0030 - Guidelines for Selection

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department will announce the first date that applications will be evaluated
			 for selection. Qualified applicants will be given a preference on a
			 "first-in-time" basis. First-in-time is determined by the date of the postmark
			 on the envelope containing the application or the date of receipt in the
			 Department for applications that are delivered in person. However, all
			 applications received before the first day for selection and evaluation will be
			 treated as if they were post-marked or received on the first day.
(2) Applications will be evaluated according
			 to the following guidelines:
(a) Attain 30
			 single-family model standard residences with a matched-pair control
			 house;
(b) Attain single-family
			 residences with more than one control house;
(c) Attain single-family residences with one
			 control house;
(d) Achieve a
			 geographic distribution of residences between the climate zone of 6,000
			 degree-days or less and that of 6,001 degree-days or more. (See
Figure
			 53.A
,
Design Criteria, Oregon Structural Specialty
			 Code
);
(e) Achieve a
			 distribution of design types based on Appendix J,
Northwest Conservation
			 and Electric Power Plan
or design types provided by the
			 Department;
(f) Achieve the
			 following distribution of single-family residences: 45 percent that have less
			 than 1,400 sq. ft.; 35 percent that have between 1,401 and 2,000 sq. ft.; and
			 20 percent that have more than 2,000 sq. ft.;
(g) Expedite building of residences by
			 selecting applicants who are most prepared to build, as shown by financial
			 resources, lot ownership, and progress on building design.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 125 - RESIDENTIAL STANDARDS DEMONSTRATION PROGRAM SELECTION RULES › Section 330-125-0035 - Application Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 applicant shall submit an application on forms prescribed by the Department.
			 The application shall:
(a) Estimate the total
			 cost of each proposed residential unit;
(b) State the gross floor area of each
			 proposed residential unit;
(c)
			 State the location of each proposed residence;
(d) State the choice(s) of design type(s) to
			 meet the model conservation standards;
(e) Provide sufficient information to
			 document the applicant's financial ability to construct each residence for
			 which an incentive is requested;
(f) Provide sufficient information to
			 document the home builder's record of construction;
(g) State number of control houses or
			 matched-pair control houses the applicant can provide;
(h) If the residence (or matched-pair control
			 house) is a sun-tempered or passive solar design, provide a sun chart for the
			 site;
(i) State that the land is
			 appropriately zoned;
(j) Provide
			 information on available utilities;
(k) State the applicant has control over the
			 land by ownership or by option to purchase;
(l) Provide the home builder's state
			 registration number;
(m) State the
			 name of proposed lender that will finance construction.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 125 - RESIDENTIAL STANDARDS DEMONSTRATION PROGRAM SELECTION RULES › Section 330-125-0040 - Incentive Contract

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Parties selected to receive an incentive must sign a contract with the
			 Department concerning compliance with RSD Program design, siting, construction,
			 reporting, and monitoring requirements and return the contract to the
			 Department within 30 days of the contract being offered. Failure to sign the
			 contract will void the Department's offer of an incentive. Where an incentive
			 has been reserved for a home buyer, that home buyer will have 30 days from
			 notification by the Department to identify a home builder. That home builder
			 then must sign a contract within 30 days of the Department's offer of a
			 contract.
(2) The home builder
			 contract will provide the method of payment(s) and inspection requirements that
			 must be met before payment(s) is made.
(3) The home builder contract may be made
			 contingent upon the home builder or a potential home buyer obtaining a loan
			 commitment to pay for building the model conservation standards
			 residence.
(4) The home builder
			 signing the contract shall:
(a) Agree to build
			 in Oregon an electrically-heated residence(s) to the model conservation
			 standards;
(b) For residences that
			 are not pre-sold at the time the incentive is approved, agree to request that
			 the home buyer permit and assist in the monitoring of the residence's energy
			 consumption and indoor air quality by the Department or BPA. However, agreement
			 by the home buyer to participate in monitoring is a requirement for a home
			 builder to receive a full incentive for matched-pair residences;
(c) Agree to provide cost-accounting data on
			 the incremental costs of building to the model conservation
			 standards;
(d) Agree to allow the
			 Department, BPA, or their agents to inspect the construction of the residence
			 to ensure compliance with the plans approved by the Department;
(e) Agree to attend and complete the
			 technical and cost-accounting training sessions being provided by the
			 Department and its agents.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 125 - RESIDENTIAL STANDARDS DEMONSTRATION PROGRAM SELECTION RULES › Section 330-125-0045 - Compliance with Land Use Laws

Current through Register Vol. 63, No. 7, July 1, 2024
Any party receiving an incentive shall agree to comply with all
				local land use ordinances and building codes and to obtain all necessary
				permits for construction of a residence. A portion or all of the incentive
				payment may be withheld until an occupancy permit is issued by the local
				jurisdiction.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 130 - ENERGY EFFICIENT DESIGN AND OPERATION FOR STATE AGENCY FACILITIES › Section 330-130-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules prescribe procedures to promote the design,
				construction and renovation of highly energy efficient buildings owned and
				operated by state agencies by:
(1)
			 Minimizing energy use by incorporating the Optimum Energy Conservation Measures
			 Package as defined in these rules into the final building design and by
			 designing all newly constructed or renovated facilities to perform a minimum of
			 20 percent better than the energy conservation provisions of the state building
			 code.
(2) Reporting monthly energy
			 use for existing buildings over 5,000 square feet using more than 10,000
			 Btus/square foot/year to a database specified by the department.
Stat. Auth.: ORS
				  276.900 - 276.915, Ch. 26, OL
				  2008 HB 3612
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 130 - ENERGY EFFICIENT DESIGN AND OPERATION FOR STATE AGENCY FACILITIES › Section 330-130-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Agency" means
			 the authorized state agency, board, commission, department or division which
			 has the authority to enter contracts, finance the construction, purchase,
			 renovation, or leasing of buildings or other structures for use by the State of
			 Oregon.
(2) "Agency contact" means
			 a lead person appointed by the agency who is responsible to coordinate all
			 State Energy Efficient Design related business with the Oregon Department of
			 Energy, such as project notifications, interagency agreements, invoice and
			 payment, project coordination, guideline updates and advisory
			 recommendations.
(3) "Baseline
			 building" means the basic building conceived by the agency and the design team.
			 The baseline building incorporates the standard design features of typical
			 buildings of the same usage and meets the prescriptive or performance
			 requirements of the Oregon Energy Efficiency Specialty Code according to
			 criteria established in the State Energy Efficient Design Program
			 Guidelines.
(4) "Benefit-to-Cost
			 Ratio (BCR)" means the present value of Energy Conservation Measure benefits
			 divided by the present value of incremental Energy Conservation Measure costs.
(a) The Energy Conservation Measure benefit
			 is the difference between the present values of the operating cost of the
			 baseline building and the operating cost of the baseline building with the
			 Energy Conservation Measure added.
(b) The incremental Energy Conservation
			 Measure cost is the difference between the present values of the capital cost
			 of the baseline building and the capital cost of the baseline building with the
			 Energy Conservation Measure added.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 130 - ENERGY EFFICIENT DESIGN AND OPERATION FOR STATE AGENCY FACILITIES › Section 330-130-0025

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  276.900 -
				  276.915
Stats. Implemented: ORS
				  276.900 -
				  276.915
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 130 - ENERGY EFFICIENT DESIGN AND OPERATION FOR STATE AGENCY FACILITIES › Section 330-130-0030 - Notification

Current through Register Vol. 63, No. 7, July 1, 2024
When the building class has been determined during the
				pre-design or programming phase of a building project, the following procedures
				shall be followed:
(1) Class 1
			 Buildings. The agency shall notify the department of a building project prior
			 to the release of the Request for Proposals (RFP) for contracting/design
			 services. The agency contact shall coordinate with the department to set-up the
			 initial meeting early in the pre-design or programming phase of a building
			 project.
(2) Class 2 Buildings. The
			 agency shall notify the department and may request a list of recommended ECMs
			 and services applicable to the building.
Stat. Auth.: ORS
				  276.900 - 276.915
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 130 - ENERGY EFFICIENT DESIGN AND OPERATION FOR STATE AGENCY FACILITIES › Section 330-130-0040 - Procedures for Class 1 Buildings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The SEED process follows typical design
			 process steps as the organizing principle. If the project does not fit the
			 suggested steps, an alternative plan may be developed between the department
			 and the agency.
(2) Meetings in
			 this section of these rules may be eliminated or combined with other meetings
			 as deemed appropriate by the department.
(3) Pre-Design or Programming Phase. The
			 purpose of the SEED process is to ensure that energy efficiency is an integral
			 part of the building design.
(a) Initial
			 Meeting. Early in the pre-design or programming phase, the agency and the
			 department shall meet to:
(A) Discuss the
			 scope of the project;
(B) Define
			 the role of the department including, but not limited to, the level of
			 involvement, decision authority on behalf of the owner, and relationship with
			 contractors. The department shall be notified of all meetings where significant
			 review of or final decisions about energy systems are anticipated.
(C) Develop the RFP and contract. The RFP and
			 the contract's statement of work must include a reference to building a "highly
			 energy efficient facility" as defined in these rules and to the SEED process.
			 The department may develop language for the agency to use for including energy
			 efficient design in the request for proposals and the contract for
			 architectural and engineering services. Upon request, the department will
			 review or comment on the RFP, contract or energy qualifications of proposals as
			 an expanded service under section (9).
(D) The agency must hire an energy analyst as
			 described in OAR 330-130-0090(2)(a).
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 130 - ENERGY EFFICIENT DESIGN AND OPERATION FOR STATE AGENCY FACILITIES › Section 330-130-0050 - Procedures for Class 2 Buildings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Role of the agency.
(a) The agency must notify the department of
			 Class 2 projects.
(b) The agency
			 shall determine that the design incorporates all reasonable cost-effective
			 ECMs. ECMs or ECM packages with a Simple Payback shorter than equipment life
			 shall be considered cost-effective for Class 2 Buildings. The agency, with
			 assistance from the design team as necessary, shall provide preliminary
			 benefit/cost results for each ECM implemented.
(c) The agency must send the list of energy
			 efficiency measures included in the building design to the
			 department.
(d) Upon completion of
			 construction, the agency must send a list of the measures that were actually
			 installed in the building to the department.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 130 - ENERGY EFFICIENT DESIGN AND OPERATION FOR STATE AGENCY FACILITIES › Section 330-130-0055 - Procedure for Leased Buildings

Current through Register Vol. 63, No. 7, July 1, 2024
The department, in consultation with the agencies, shall
				establish guidelines for incorporating energy efficiency requirements into
				lease agreements of 10 years or more to be phased in as current leases expire
				or as agencies enter into new agreements.
Stat. Auth.: Ch. 26, OL 2008 HB 3612
Stats. Implemented: ORS
				  276.900 -
				  276.915
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 130 - ENERGY EFFICIENT DESIGN AND OPERATION FOR STATE AGENCY FACILITIES › Section 330-130-0060 - Service Charges

Current through Register Vol. 63, No. 7, July 1, 2024
Charges to the agency by the department for services shall be
				as follows:
(1) Class 1 Buildings:
(a) The charges by the department to the
			 agency will be based on an hourly rate for the actual hours worked on the
			 project. Hourly rates charged by the department and invoiced to the agency will
			 include salary, other payroll expenses, the federally allowed indirect rate for
			 the department, staff travel expenses, other service or supply costs, and
			 administrative costs. Invoices may be submitted to the agency by the department
			 monthly commencing one month after notification. Invoices will provide the
			 hours of service and the hourly rate. The maximum charge shall be calculated at
			 $0.002 for each dollar of capital construction cost unless otherwise agreed to
			 in writing by the agency and the department.
(b) To ensure the agency receives the final
			 invoice prior to closing their construction accounts, the department may
			 invoice in advance for final building inspections and post-occupancy energy use
			 tracking.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 130 - ENERGY EFFICIENT DESIGN AND OPERATION FOR STATE AGENCY FACILITIES › Section 330-130-0070 - Department Administrative Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department shall provide information
			 and administer the program to ensure the program is in accordance with these
			 rules.
(2) Under special
			 circumstances, the director may waive certain requirements under these rules,
			 provided the intent of the program as described in statute is
			 maintained.
(3) The department has
			 developed guidelines, which contain recommended procedures, instructions, and
			 information relating to these rules. The department shall solicit agency
			 comments on the guidelines on a biennial basis and revise the guidelines as
			 appropriate.
(4) The department
			 shall compile information about agency participation and ECM implementation
			 into a database. The department shall make database information available to
			 agencies and use the data in evaluating agency compliance with the objectives
			 of ORS 276.900 through ORS
			 276.915.
(5) The department shall prepare a biennial
			 report to the legislature prior to the legislative session of every
			 odd-numbered year.
Stat. Auth.: ORS
				  276.900 - 276.915
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 130 - ENERGY EFFICIENT DESIGN AND OPERATION FOR STATE AGENCY FACILITIES › Section 330-130-0080 - Procedures for Monitoring the Reduction in Energy Use by State Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Annual energy
			 use per square foot shall be tracked for all state owned buildings over 5,000
			 square feet with an annual energy use exceeding 10,000 Btus/square foot/year.
			 The department may exempt specific buildings from reporting energy use, if
			 deemed appropriate, i.e., if the building is to be closed or sold in the near
			 future.
(2) Agencies must report
			 energy use on monthly intervals into the ENERGY STAR Portfolio Manager (ESPM)
			 database, or other database as specified by the department. Energy shall be
			 reported for each separate building or facility. When energy reporting for
			 individual facilities is not possible due to existing energy metering
			 configurations, such as for a campus, facilities may be grouped into a common
			 meter for reporting purposes. Electricity and heating fuels must be tracked
			 separately for each calendar year and entered into the database no later than
			 March 31 of the following year.
(3)
			 When significant changes of facility size or use takes place, each agency must
			 notify the department of the change and is responsible for making revisions to
			 their respective ESPM account.
(4)
			 It is recommended that sub-metering of buildings and/or major energy consuming
			 equipment is added where advisable and feasible in order to get better data on
			 energy use and facilitate better energy management of the facilities.
(5) If the building energy use exceeds the
			 high performance target energy use for that building category, the agency shall
			 investigate the reason for exceeding the target. The agency shall develop a
			 plan that outlines all modifications, procedures and changes that need to be
			 introduced until the target is met and maintained. The agency shall monitor
			 progress and modify the plan as necessary each year until the target is reached
			 and shall report the plan annually to the department.
(6) If a building category does not have an
			 established target EUI, the agency shall work with the department to identify a
			 reasonable energy use target for the building.
Stat. Auth.: ORS
				  276.900 - 276.915
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 130 - ENERGY EFFICIENT DESIGN AND OPERATION FOR STATE AGENCY FACILITIES › Section 330-130-0090 - Pre-qualification for persons performing Energy Analysis and Energy Savings Performance Contracting Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department shall establish criteria
			 to prequalify persons or firms to execute the provisions of the SEED program
			 rules. Agencies must only select persons or firms that have been prequalified
			 by the department to perform energy analysis and energy savings performance
			 contracting (ESPC) services.
(a) Energy
			 analyst
(A) The department shall establish a
			 list of pre-qualified energy analysts through a solicitation process that uses
			 qualifications-based scoring criteria to determine a person's ability to
			 perform building energy analysis.
(B) Agencies that wish to hire a person or
			 firm that has not been previously prequalified by the department must request
			 pre-approval from the department for exemption from this requirement. Only
			 energy analysts that meet the qualifications as described in the SEED Program
			 Guidelines will be considered eligible for exemption from
			 prequalification.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 130 - ENERGY EFFICIENT DESIGN AND OPERATION FOR STATE AGENCY FACILITIES › Section 330-130-0100 - Pre-qualification for persons performing Energy Commissioning, Auditing, and Performance Verification Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department shall establish criteria
			 to pre-qualify persons or firms to execute the provisions of this bill.
			 Agencies may select persons or firms that have been pre-qualified by the
			 department to perform auditing, commissioning, and performance verification
			 services for energy systems.
(2)
			 Energy Auditor:
(a) The department shall
			 maintain a list of pre-qualified energy auditing firms. This list must be
			 established through an open RFP process using a qualification-based scoring
			 criteria to determine a person's or firm's ability to perform energy audits in
			 existing buildings.
(b) A
			 qualifying firm must demonstrate expertise in the following areas:
(A) Commercial and industrial technology;
(B) Energy auditing equipment,
			 heating, ventilating, and air conditioning systems;
(C) Lighting design;
(D) Energy efficiency technology; and:
(E) Preventative maintenance
			 procedures.
(c) Agencies
			 may use the department's list of pre-qualified energy auditors for the
			 selection of a person or firm to perform energy conservation measure analysis
			 of existing buildings.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 130 - ENERGY EFFICIENT DESIGN AND OPERATION FOR STATE AGENCY FACILITIES › Section 330-130-0500 - Use of Fuel Cell Power Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule establishes the criteria for
			 agencies to use when comparing fuel cell power systems to other equipment
			 options as required by ORS
			 276.910.
(2) State agencies who are constructing or
			 renovating a Class 1 building with an identified requirement for emergency
			 backup power or with critical power application shall compare and evaluate, in
			 collaboration with the design team, available equipment options, including fuel
			 cell power systems, to meet the identified need. The evaluation shall include,
			 but not be limited to:
(a) An evaluation of
			 the emissions over the expected life cycle of the system, including the
			 estimated activity related to standby, testing, maintenance, fueling, and
			 operational activity. An agency may, if the information is available, consider
			 the emissions generated during manufacturing and shipping of the equipment,
			 including its components.
(b) A
			 comparison and documentation demonstrating that the agency considered the
			 environmental impact for the following:
(A)
			 Nitrous Oxide;
(B) Sulfur
			 Oxide;
(C) Carbon
			 Monoxide;
(D) Carbon
			 Dioxide;
(E) Other regulated
			 particulates; and
(F) Any other
			 pollutant identified by the agency.
(c) A comparison of the life cycle costs of
			 all equipment under consideration, which may include estimates of acquisition,
			 installation and commissioning, siting and permitting, maintenance, fueling and
			 decommissioning and training costs; and
(d) An analysis of the ability of the systems
			 to meet the design and stress needs of the application, the availability of
			 fuel over the life cycle of the system and the availability of service support,
			 maintenance and parts during system life cycle.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 135 - 1.5 PERCENT FOR GREEN ENERGY TECHNOLOGY IN PUBLIC BUILDING CONSTRUCTION CONTRACTS › Section 330-135-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to establish procedures to
				administer ORS 279C.527 through
				279C.528 and Oregon Laws 2019
				chapter 160 (HB 2496), which require a contracting agency to include an
				appropriate green energy technology, or if green energy technology is not
				appropriate an eligible alternative to green energy technology in the
				construction, reconstruction, or major renovation of a public building by
				spending an amount equal to at least 1.5 percent of the total contract price
				associated with that building.
Statutory/Other Authority: ORS
				  469.040, ORS 297C.528 & OL
				  2019, Ch. 160 (HB 2496)
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 330-135-0018 - Requirement for Inclusion of Green Energy Technology

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in OAR 330-135-0040,
			 contracting agencies must spend an amount equal to at least 1.5 percent of the
			 total contract price of a subject public building project, as defined in OAR
			 330-135-0020, for the inclusion of eligible green energy technology, or if
			 green energy technology is not appropriate energy use efficiency or woody
			 biomass energy technology, in the subject public building.
(2) Contracting agencies may install the
			 green energy technology (other than battery storage), energy use efficiency, or
			 woody biomass energy technology required under subsection (1) of this section
			 at a site located away from the eligible public building in accordance with ORS
			 279C.527(3)(a) to
			 (b), as amended by Oregon Laws 2019, chapter
			 160 (HB 2496).
(3) Contracting
			 agencies may defer expenditure of these funds under the conditions of OAR
			 330-135-0045  and 330-135-0051.
Statutory/Other Authority: ORS
				  469.040, ORS
				  279C.528 & OL 2019, Ch. 160
				  (HB 2496)
Statutes/Other Implemented: ORS
				  279C.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 330-135-0020 - Subject Building Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules apply to any permanent
			 building(s) which will be owned, partially owned or controlled by a contracting
			 agency and which is either:
(a) Used for
			 conducting public business; or
(b)
			 Used or occupied by employees of the contracting agency on a regular basis for
			 a significant part of their work.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 135 - 1.5 PERCENT FOR GREEN ENERGY TECHNOLOGY IN PUBLIC BUILDING CONSTRUCTION CONTRACTS › Section 330-135-0025 - Eligible Contract Price

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The 1.5 percent to be spent on green energy technology, energy use efficiency,
			 or woody biomass energy technology must be based on the total contract
			 price.
(2) The total contract price
			 must not be reduced by federal, state, or other incentives that may be
			 available for the green energy technology, energy use efficiency, or woody
			 biomass energy technology.
(3) Any
			 constitutionally, statutorily or contractually dedicated government funds for
			 the building that have been determined to be unavailable for the installation
			 of green energy technology, energy use efficiency, or woody biomass energy
			 technology may be excluded when determining eligible costs under this section.
(4) For buildings with a joint
			 public-private ownership, the total contract price must be pro-rated based on
			 the contracting agency's share of the ownership.
(5) For buildings that are being constructed
			 or renovated with private funding but which are intended for ultimate ownership
			 by a contracting agency, the total contract price must include the
			 privately-funded share of the construction contract.
(6) Dividing a single project into multiple
			 smaller projects in order to avoid or reduce the level of compliance with ORS
			 279C.527 through
			 279C.528 and Oregon Laws 2019
			 chapter 160 (HB 2496) and these rules is not permitted.
(7) The total contract price used for the
			 purposes of calculating a contracting agency's 1.5 percent obligation for
			 expenditure on green energy technology, energy use efficiency, or woody biomass
			 technology shall be the anticipated, budgeted costs for all required elements
			 of the total contract price as best known to the contracting agency during
			 project planning and schematic design phases.
Statutory/Other Authority: ORS
				  469.040, ORS 297C.528 & OL
				  2019, Ch. 160 (HB 2496)
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 330-135-0030 - Green Energy Technology Performance Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Solar electric (photovoltaic), solar
			 water heating, solar pool heating, and active solar space heating systems are
			 to be installed in locations that have a total solar resource fraction (TSRF)
			 of 75 percent or greater.
(2)
			 Photovoltaic and geothermal electric systems must be separately metered to
			 record electricity production.
(3)
			 Geothermal systems that directly supply heat to the building system(s), passive
			 solar thermal systems, daylighting systems or any combination thereof must
			 jointly reduce the building's energy use by 10 percent or more, as demonstrated
			 with whole building energy modeling prepared under the direction of a licensed
			 professional engineer.
(a) For local or
			 special government bodies, the baseline and proposed buildings must be modeled
			 according to the requirements of the 2019 Energy Code.
(b) For state government bodies, the baseline
			 and proposed buildings must be modeled according to the requirements of the
			 Proposed Building as defined in the State Energy Efficient Design (SEED)
			 Guidelines.
(c) The model for the
			 proposed geothermal systems supplying heat to the building system(s), passive
			 solar thermal systems, daylighting systems or any combination thereof must only
			 include differences that are directly attributable to the geothermal heating
			 system, passive solar thermal systems or daylighting systems. Lighting, HVAC
			 and other equipment efficiencies, etc., must be identical between the baseline
			 and proposed models.
(d) The
			 system(s) must be commissioned by a third-party commissioning agent.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 135 - 1.5 PERCENT FOR GREEN ENERGY TECHNOLOGY IN PUBLIC BUILDING CONSTRUCTION CONTRACTS › Section 330-135-0031 - Energy Use Efficiency Performance Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) A
			 contracting agency may only expend any portion of the amount required under ORS
			 279C.520(2)(b)
			 on energy use efficiency improvements if the available area-weighted average
			 total solar resource fraction (TSRF) at the site of the public building is 75
			 percent or less, notwithstanding the conditions presented under subparagraph
			 (b).
(b) If the agency is pursuing
			 active or passive solar as a green energy technology and the following
			 conditions exist, then the contracting agency may determine that green energy
			 technology is appropriate for the public building and expend as much as half of
			 the required 1.5% of total contract price expenditure on energy use efficiency
			 in accordance with ORS
			 279C.527(4)(a).
			 This is due to the site having both been determined to be appropriate for green
			 energy technology, but also meeting the TSRF criteria for some areas of the
			 site under ORS 279C.527(4)(a)(A)
			 for energy use efficiency to be an eligible alternative.
(i) Sufficient portions of the available roof
			 area and ground area have a TSRF greater than 75 percent such that the
			 contracting agency can meet at least half of their 1.5 percent expenditure
			 obligation on green energy technology; and
(ii) the contracting agency has not yet met
			 and cannot meet their total 1.5 percent of total contract price expenditure
			 obligation using the available area with a TSRF greater than 75 percent;
			 and
(iii) the TSRF of the remaining
			 areas are 75 percent or less; and
(iv) the contracting agency has requested
			 from the department a technical review of its analysis and determination in
			 accordance with OAR 330-135-0052
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 135 - 1.5 PERCENT FOR GREEN ENERGY TECHNOLOGY IN PUBLIC BUILDING CONSTRUCTION CONTRACTS › Section 330-135-0032 - Woody Biomass Energy Technology Performance Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The woody
			 biomass energy technology must be used for space or water heating or as a
			 combined heat and power system.
(2)
			 The woody biomass boiler must have a lower heating value combustion efficiency
			 rating of at least 80 percent.
(3)
			 The woody biomass energy technology must be located in an area that complies
			 with DEQ particulate matter air quality standards, or if located in an area
			 that does not comply with DEQ particulate matter air quality standards, must
			 use pelletized woody biomass fuel or produce particulate matter at the same
			 level as a system that uses pelletized woody biomass for fuel.
(4) Woody biomass energy technology located
			 in any area that exceeds the federal particulate matter (PM) standards, or has
			 been designated as not meeting the federal standards at the time DEQ receives a
			 notice to construct application for the woody biomass technology, must use
			 pelletized woody biomass fuel or a fuel that produces particulate matter at the
			 same level as a system that uses pelletized woody biomass for fuel.
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 330-135-0035 - Eligible Green Energy Technology Costs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For photovoltaic systems, eligible costs
			 include the photovoltaic modules, racking system, mounting structure and
			 hardware, modifications to the building structure specifically to accommodate
			 the solar energy system, associated electrical equipment, battery storage
			 equipment and technology, metering, labor and system commissioning. Specific
			 elements that do not qualify as eligible costs include, but are not limited to,
			 the following:
(a) Costs for auxiliary
			 distribution systems such as chargers in electric vehicle charging
			 stations.
(b) Costs for
			 reroofing.