reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 90 - BUSINESS ENERGY TAX CREDITS (BETC) › Section 330-090-0105 - What a BETC Is

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 Business Energy Tax Credit (BETC) for up to 35 percent of the eligible cost of
			 qualifying facilities may be offset against owed Oregon income and corporation
			 excise taxes. Qualifying renewable energy resource facilities including high
			 efficiency combined heat and power facilities, completed on or after January 1,
			 2007 but excluding wind facilities with an installed capacity of more than 10
			 megawatts for which preliminary certification is issued on or after January 1,
			 2010 are eligible for a tax credit equal to 50 percent of eligible costs. Wind
			 facilities with an installed capacity of more than 10 megawatts, for which
			 preliminary certification is issued on or after January 1, 2010, are eligible
			 for a tax credit equal to 5 percent of eligible costs. Qualifying homebuilder
			 installed renewable energy facilities are eligible for a tax credit of up to
			 $9,000 and qualifying high performance homes are eligible for a tax credit of
			 up to $12,000. An Oregon business or non-profit entity qualifying for the tax
			 credit may transfer the credit through the Pass-through Option in return for a
			 cash payment.
(2) The Oregon
			 Department of Energy (Department) must issue a final certificate pursuant to
			 ORS 469B.161 before the credit can
			 be claimed. The credit is an incentive for Oregonians to invest in qualifying
			 facilities. Oregon Administrative Rules chapter 330, division 90 applies to all
			 BETC applications. These rules apply to all applications pending as of the
			 effective date of these rules.
(3)
			 The Department may also apply these rules to applications currently being
			 reviewed by the Department where a final determination is pending or has been
			 made, when the Department finds that its failure to apply the new criteria set
			 forth in these rules may hamper the Department's efforts to reduce the costs of
			 the BETC program.
Stat. Auth.: ORS
				  469.040 &
				  469.165
Stats. Implemented: ORS
				  469.185 -
				  469.225
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 90 - BUSINESS ENERGY TAX CREDITS (BETC) › Section 330-090-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of Oregon Administrative Rules, Chapter 330,
				Division 90, the following definitions apply unless the context requires
				otherwise:
(1) "Alternative Fuel": A
			 motor vehicle fuel, other than petroleum gasoline or diesel, certified by the
			 U.S. Environmental Protection Agency for roadway use that results in equivalent
			 or lower exhaust emissions or higher energy efficiency when used. Alternative
			 fuels include electricity, biofuels, hydrogen, hythane, methane, methanol,
			 natural gas, liquefied natural gas, liquefied petroleum gas (propane),
			 renewable diesel and other fuels the Director allows. Blends of these
			 alternative fuels with conventional fuels will only be considered an
			 alternative fuel under these rules when the concentration of the alternative
			 fuel is 20 percent of the entire volume of the blended fuel or greater.
			 Hydrated fuels must have a water content of 10 percent of the entire volume of
			 the blended fuel or greater to be considered eligible as an alternative fuel
			 under these rules.
(2) "Alternative
			 Fuel Fueling Station": A renewable energy resource facility necessary to refuel
			 alternative fuel vehicle fleets. This will include the facilities for mixing,
			 storing, compressing, charging, and dispensing alternative fuels, and any other
			 necessary and reasonable equipment. It can be a facility for either public or
			 private use.
(3) "Alternative Fuel
			 Vehicle (AFV)" is a vehicle designed to operate on an alternative fuel and
			 includes vehicles direct from the factory or vehicles modified to allow the use
			 of alternative fuels. AFV does not include vehicles owned or leased by the
			 State of Oregon acquired to comply with federal requirements for fleet
			 acquisition of alternative fueled vehicles or vehicles leased by an
			 investor-owned utility (IOU) to others. For purposes of qualifying for a BETC,
			 gasoline-hybrid AFVs purchased on or after January 1, 2010 must also be
			 designed for electrical plug-in.
(4) "Applicant": An applicant means:
(a) A person who applies for a preliminary
			 certification of a BETC under this section includes:
(A) Individuals, corporations, associations,
			 firms, partnerships, limited liability companies and joint stock
			 companies.
(B) Any cooperative,
			 non-profit corporation, or federal, state or local governments including school
			 districts, water districts, or any other special districts. These entities are
			 qualified applicants when they have a qualified pass-through partner, or commit
			 to select such a partner prior to final certification. These entities must
			 follow all procurement processes, including competitive bid, where
			 applicable.
(C) A contractor
			 installing an alternative fueled vehicle fueling station in a
			 dwelling.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 90 - BUSINESS ENERGY TAX CREDITS (BETC) › Section 330-090-0120 - Preliminary Certificate Application Requirements for a BETC

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Eligible
			 facilities
(a) The Department may issue only
			 one BETC for each separate and distinct facility under these rules. The
			 following facilities, as further defined in these rules, are eligible for a
			 BETC: An energy facility, recycling facility, rental dwelling weatherization
			 facility, transportation facility, car sharing facility, sustainable building
			 practices facility, alternative fuel vehicle or facilities necessary to operate
			 alternative fuel vehicles, including but not limited to an alternative fuel
			 vehicle refueling station, a high-efficiency combined heat and power facility,
			 a high-performance home, a homebuilder-installed renewable energy system or a
			 research development & demonstration facility that complies with these
			 rules.
(b) A proposed facility must
			 meet applicable codes and standards, must include a warranty and must be
			 serviceable locally.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 90 - BUSINESS ENERGY TAX CREDITS (BETC) › Section 330-090-0130 - How the Oregon Department of Energy Processes a BETC Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General:
(a) The Director reviews a BETC application
			 in two stages. The first stage is called preliminary certification. The second
			 stage is called final certification. The final certification consists of the
			 determination of eligible costs for purposes of the tax credit and the issuance
			 of the BETC final certificate.
(b)
			 To begin the review process for each stage, or to change the facility during
			 the review process, an applicant must submit an application on the form
			 approved by the Department. Applications for facilities that use or produce
			 renewable energy resources, or are listed as renewable energy resources as
			 defined under ORS 469B.130, must be submitted
			 under the tiered priority system described in OAR 330-090-0350  and include any
			 additional requirements under this section.
(c) A facility owner planning to use a
			 Pass-through Partner will select the pass-through option on the Application for
			 Preliminary Certification.
(d) The
			 Director may impose conditions in approving a preliminary or final
			 certification that the facility must operate in accordance with the
			 representations made by the applicant, and is in accordance with the provisions
			 of ORS 469B.130 to
			 469B.169 and any applicable
			 rules or standards adopted by the Director.
(e) If the Department determines that the
			 applicant qualifies for a BETC, the Department may issue a preliminary
			 certification. The preliminary certification may contain specific criteria and
			 conditions for the facility to meet in order to obtain a final certification
			 based on the information provided in the application for the BETC and type of
			 facility that is described in the application. In addition, the Department may
			 require the applicant to enter a performance agreement or other similar
			 agreement as a condition of approval.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 90 - BUSINESS ENERGY TAX CREDITS (BETC) › Section 330-090-0135 - Business Energy Tax Credit Sustainable Building Practices Facility Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be eligible
			 for a tax credit, Sustainable Building Practices Facilities must achieve a
			 minimum rating of "Silver" using the LEED-NC, LEED-CS, or LEED-CI path of the
			 U.S. Green Building Council's rating systems, listed in the rules, in effect as
			 of the facility registration date. Facilities receiving a "Gold" or "Platinum"
			 rating will be awarded proportionally larger tax credits, as calculated by the
			 Department. Sustainable Building Practices Facilities must also comply with all
			 applicable rules.
(2) All
			 Sustainable Building Practices Facilities must acquire a preliminary
			 certification from the Department in accordance with OAR 330-090-0130(3). For
			 these facilities, the facility owner must submit a certified copy of the
			 Facility Registration Certificate issued by the U.S. Green Building Council,
			 before the completion of Design Development. If an owner elects not to continue
			 the LEEDTM rating program to completion and the issuance of a rating
			 certificate, the owner must, within 30 days, so notify the Department in
			 writing, and provide a statement of intent to apply for a tax credit as an
			 energy facility, if desired. Within 60 days of the statement of such intent,
			 the owner must submit a preliminary certification application in accordance
			 with OAR 330-090-0130(3).
(3) The
			 Department may, at its discretion, convert a preliminary certification for an
			 Energy Facility to a preliminary certification as a Sustainable Building
			 Practices Facility, or accept a statement of intent to register as a
			 Sustainable Building Practices Facility, provided that a certified copy of the
			 U.S. Green Building Council facility registration certificate is provided to
			 the Department within 30 days of the new preliminary certification
			 date.
Stat. Auth.: ORS
				  469.040 &
				  469.165
Stats. Implemented: ORS
				  469.185 -
				  469.225
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 90 - BUSINESS ENERGY TAX CREDITS (BETC) › Section 330-090-0140 - Pass-through Option Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A pass-through Partner may purchase a
			 BETC certificate from an applicant with a facility that is otherwise eligible
			 for the tax credit in return for a cash lump-sum pass through payment
			 equivalent to the net present value of the transferable tax credit. For the
			 purposes of these rules, the net present value of the credit for purposes of
			 the pass through payment is calculated based on the formulas below:
(a) For original preliminary certifications
			 issued on or after January 1, 2010:
(A) For a
			 five year tax credit the net present value is determined by taking the total
			 tax credit amount divided by 1.3579. Tax Credit/1.3579
(B) For a one year tax credit the net present
			 value is determined by taking the tax credit amount divided by 1.0309. Tax
			 Credit/1.0309
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 90 - BUSINESS ENERGY TAX CREDITS (BETC) › Section 330-090-0150 - Budget Limits and Payments for BETC

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Amount of Credits Allowed for a Facility:
(a) During any calendar year, a BETC
			 preliminary certification will not be issued for more than:
(A) $20 million in maximum eligible facility
			 costs for a renewable energy resource facility or high efficiency combined heat
			 and power facility, not including wind facilities with an installed capacity of
			 more than 10 megawatts;
(B) $7
			 million in maximum eligible facility costs for a wind facility with an
			 installed capacity of more than 10 megawatts issued a preliminary certification
			 during 2010.
(C) $5 million in
			 maximum eligible facility costs for a wind facility with an installed capacity
			 of more than 10 megawatts issued a preliminary certification during 2011.
(D) $3 million in maximum eligible
			 facility costs for a wind facility with an installed capacity of more than 10
			 megawatts issued a preliminary certification on or after January 1, 2012.
(E) $10 million in maximum
			 eligible facility costs for any other facility, not including
			 homebuilder-installed renewable energy facility and high performance home BETC
			 subject to subsection (b).
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 90 - BUSINESS ENERGY TAX CREDITS (BETC) › Section 330-090-0160 - Sunset of the Business Energy Tax Credit Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 315.357 contains the sunset of
			 the Business Energy Tax Credit Program. Applicants must meet the deadlines that
			 apply to their project:
(a) Applicants with a
			 preliminary certification that are unable to demonstrate evidence of beginning
			 construction before April 15, 2011 must receive final certification before
			 January 1, 2013. The Director does not guarantee that a complete final
			 certification application received on or after November 1, 2012 will be
			 processed before January 1, 2013.
(b) Applicants with a preliminary
			 certification that are able to demonstrate evidence of beginning construction
			 before April 15, 2011 must receive final certification before July 1, 2014. The
			 Director does not guarantee that a complete final certification application
			 received on or after May 1, 2014 will be processed before July 1,
			 2014.
(c) Applicants with a
			 preliminary certification that expires before the July 1, 2014, sunset must
			 request an extension for the preliminary certification pursuant to OAR
			 330-090-0130(9)  or submit the final certification application before the
			 expiration date of the preliminary certificate. There is no automatic extension
			 or waiver for preliminary certifications that expire before the sunset
			 date.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 91 - BUSINESS ENERGY TAX CREDITS (BETC) FOR RENEWABLE ENERGY RESOURCE EQUIPMENT MANUFACTURING › Section 330-091-0100 - Transfer of program to Oregon Business Development Department

Current through Register Vol. 63, No. 7, July 1, 2024
House Bill 2523 (2011) transfers the duties of the Business
				Energy Tax Credit for renewable energy resource equipment manufacturing program
				from the Oregon Department of Energy to the Oregon Business Development
				Department on January 1, 2012. These rules remain in effect until replaced by
				rules adopted by the Oregon Business Development Department, any references to
				statute deleted by HB 2523(2011) become references to the replacement portion
				of statute adopted under the bill.
Stat. Auth.: ORS
				  469.040 &
				  469.165,
				  469.185 -
				  469.225, OL 2011, Ch. 474 HB2523
Stats. Implemented: OL 2011, Ch. 474
				  HB2523
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 91 - BUSINESS ENERGY TAX CREDITS (BETC) FOR RENEWABLE ENERGY RESOURCE EQUIPMENT MANUFACTURING › Section 330-091-0105 - What a Business Energy Tax Credit for Renewable Resource Equipment Manufacturing (Manufacturing BETC) Is

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Business Energy Tax Credit for up to 50
			 percent of the eligible cost of qualifying renewable energy resource equipment
			 manufacturing facilities may be offset against owed Oregon income and
			 corporation excise taxes. An Oregon business or non-profit entity qualifying
			 for the tax credit may transfer the credit through the pass-through option in
			 return for a cash payment.
(2) The
			 Oregon Department of Energy (Department) must issue a final certificate
			 pursuant to ORS 469.215 before the tax credit
			 can be claimed. These rules apply to Business Energy Tax Credit applications
			 for renewable energy resource equipment manufacturing facilities. These rules
			 apply to all applications pending as of the effective date of these
			 rules.
Stat. Auth.: ORS
				  469.040 &
				  469.165,
				  469.185 -
				  469.225, OL 2011, Ch. 474 HB2523
Stats. Implemented: OL 2011, Ch. 474 HB2523
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 91 - BUSINESS ENERGY TAX CREDITS (BETC) FOR RENEWABLE ENERGY RESOURCE EQUIPMENT MANUFACTURING › Section 330-091-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply unless the context requires
				otherwise:
(1) "Applicant": An
			 applicant means:
(e) A person who applies for
			 a preliminary certification of a Manufacturing BETC under this section
			 includes:
(A) Individuals, corporations,
			 associations, firms, partnerships, limited liability companies and joint stock
			 companies.
(B) Any cooperative,
			 non-profit corporation, or federal, state or local governments including school
			 districts, water districts, or any other special districts. These entities are
			 qualified applicants when they have a qualified pass-through partner, or commit
			 to select such a partner prior to final certification. These entities must
			 follow all procurement processes, including competitive bid, where
			 applicable.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 91 - BUSINESS ENERGY TAX CREDITS (BETC) FOR RENEWABLE ENERGY RESOURCE EQUIPMENT MANUFACTURING › Section 330-091-0120 - Preliminary Certificate Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Eligible facilities
(a) The Department may issue only one
			 Manufacturing BETC for each separate and distinct facility under these
			 rules.
(b)A proposed facility must
			 meet applicable codes and standards.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 91 - BUSINESS ENERGY TAX CREDITS (BETC) FOR RENEWABLE ENERGY RESOURCE EQUIPMENT MANUFACTURING › Section 330-091-0130 - How the Department Processes Application for a Manufacturing BETC

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General:
(a) The Director reviews an application for a
			 Business Energy Tax Credit for Renewable Energy Resource Equipment
			 Manufacturing in two stages. The first stage is called preliminary
			 certification. The second stage is called final certification. The final
			 certification consists of the determination of eligible costs for purposes of
			 the tax credit and the issuance of the final certificate.
(b) To begin the review process for each
			 stage, or to change the facility during the review process, an applicant must
			 submit an application on the form approved by the Department.
(c) A facility owner planning to use a
			 pass-through partner will select the pass-through option on the Application for
			 Preliminary Certification.
(d) The
			 Director may impose conditions in approving a preliminary or final
			 certification that the facility must operate in accordance with the
			 representations made by the applicant, and is in accordance with the provisions
			 of ORS 469.185 to
			 469.225 and any applicable rules
			 or standards adopted by the Director.
(e) If the Department determines that the
			 applicant qualifies for a Manufacturing BETC, the Department may issue a
			 preliminary certification. The preliminary certification may contain specific
			 criteria and conditions for the facility to meet in order to obtain a final
			 certification based on the information provided in the application for the BETC
			 and type of facility that is described in the application. In addition, the
			 Department may require the applicant to enter into a performance agreement or
			 other similar agreement as a condition of approval.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 91 - BUSINESS ENERGY TAX CREDITS (BETC) FOR RENEWABLE ENERGY RESOURCE EQUIPMENT MANUFACTURING › Section 330-091-0133 - Final Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Processing the Final Certification: To qualify for a Final Certification, the
			 facility must be completed as described in the Application for Preliminary
			 Certification and the Preliminary Certificate. Any changes to the Preliminary
			 Certificate and/or Application for Preliminary Certification must complete the
			 amendment process outlined in these rules prior to the project completion date.
			 Failure to obtain approval through the amendment process may result in denial
			 of the Final Certification Application.
(a)
			 Applications shall be considered received for the purposes of ORS
			 469.220 on the date marked
			 received by the department, unless the application is incomplete. If the
			 application for final certification is not complete, the date marked received
			 by the department on the complete application containing all of the required
			 information shall be considered the received date.
(A) When a facility owner chooses to transfer
			 the tax credit under ORS
			 469.206, the Department may hold
			 the application for final certification until pass-through partner(s)
			 information is received by the Department.
(B) If more than one pass-through partner is
			 being transferred the credit, facility owners may have up to 18 months from the
			 date the first pass-through partner agreement form is received by the
			 Department to begin each certification period of the tax credit. For
			 pass-through partner(s) agreement forms received by the Department after the
			 18-month period, the certification period begins 18 months from the date the
			 first pass-through partner agreement form was received by the
			 Department.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 91 - BUSINESS ENERGY TAX CREDITS (BETC) FOR RENEWABLE ENERGY RESOURCE EQUIPMENT MANUFACTURING › Section 330-091-0140 - Pass-through Option Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
A pass-through partner may purchase a Manufacturing BETC
				certificate from an applicant with a facility that is otherwise eligible for
				the tax credit in return for a cash lump-sum pass-through payment equivalent to
				the net present value of the transferable tax credit. For the purposes of these
				rules, the net present value of the credit for purposes of the pass-through
				payment is calculated based on the formulas below:
(1) For original preliminary certifications
			 issued on or after January 1, 2010: For a five year tax credit the net present
			 value is determined by taking the total tax credit amount divided by 1.3579.Tax
			 Credit/1.3579
(2) For original
			 preliminary certifications issued on or before December 31, 2009: 50 percent
			 BETC more than $20,000 in eligible costs - 33.5 percent pass-through
			 rate.
(3) If an applicant elects to
			 use the pass-through option, the net present value of the credit (the
			 pass-through payment) for a facility is determined by the date the department
			 issues the initial preliminary certification for the project.
Stat. Auth.: ORS
				  469.040 &
				  469.165,
				  469.185 -
				  469.225, OL 2011, Ch. 474 HB2523
Stats. Implemented: OL 2011, Ch. 474
				  HB2523
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 91 - BUSINESS ENERGY TAX CREDITS (BETC) FOR RENEWABLE ENERGY RESOURCE EQUIPMENT MANUFACTURING › Section 330-091-0150 - Budget Limits and Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Amount of Credits Allowed for a Facility:
(a) During any calendar year, a Manufacturing
			 BETC preliminary certification will not be issued for more than:
(A) $40 million in maximum eligible facility
			 costs for a renewable energy resource equipment manufacturing facility, not
			 including those used to manufacture electric vehicles;
(B) $2.5 million in maximum eligible facility
			 costs for a renewable energy resource equipment manufacturing facility used to
			 manufacture electric vehicles;
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 91 - BUSINESS ENERGY TAX CREDITS (BETC) FOR RENEWABLE ENERGY RESOURCE EQUIPMENT MANUFACTURING › Section 330-091-0450 - Prioritization System for Renewable Resource Equipment Manufacturing Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
Applications in excess of Biennial limits: In the event that
				the Director receives applications for preliminary certification with a total
				amount of potential tax credits in excess of the limitations in Oregon Laws,
				2010, Chapter 76, the Director shall allocate the potential tax credits
				according to the order in which the applications are
				received.
Stat. Auth.: ORS
				  469.040 &
				  469.165,
				  469.185 -
				  469.225, OL 2011, Ch. 474 HB2523
Stats. Implemented: OL 2011, Ch. 474 HB252.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 92 - MINIMUM ENERGY EFFICIENCY STANDARDS FOR STATE-REGULATED APPLIANCES AND EQUIPMENT › Section 330-092-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to establish procedures to govern
				the enforcement and amendment of standards found in ORS
				469.229 through
				469.261,
				which establish minimum energy efficiency standards for equipment and
				appliances for sale or use in Oregon that are not federally regulated.
Statutory/Other Authority: ORS
				  469.040,
				  469.255,
				  469.261,
				  OL 2013 & Ch. 418 (SB 692)
Statutes/Other Implemented: ORS
				  469.229-469.261,
				  OL 2013, Ch. 418 (HB 2565) & OL 2007 & Ch. 469 (SB
				  375)
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 92 - MINIMUM ENERGY EFFICIENCY STANDARDS FOR STATE-REGULATED APPLIANCES AND EQUIPMENT › Section 330-092-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 330-092-0010  through 330-092-0070:
(1) "Bottle-type water dispenser" or "water
			 cooler" means a water dispenser that uses a bottle or reservoir as the source
			 of potable water. This includes freestanding devices that consume energy to
			 cool or heat potable water, including cold only units, hot and cold units, cook
			 and cold units, storage-type units, and on-demand units.
(2) "California Rule" means Title 20,
			 Division 2, Chapter 4, Article 4, California Code of Regulations, in effect on
			 January 2019, revised September 2019.
(3) "Commercial dishwasher" means a machine
			 designed to clean and sanitize plates, pots, pans, glasses, cups, bowls,
			 utensils, and trays by applying sprays of detergent solution (with or without
			 blasting media granules) and a sanitizing rinse.
(4) "Commercial fryer" means an appliance,
			 including a cooking vessel, in which oil is placed to such a depth that the
			 cooking food is essentially supported by displacement of the cooking fluid
			 rather than by the bottom of the vessel. Heat is delivered to the cooking fluid
			 by means of an immersed electric element of band-wrapped vessel (electric
			 fryers) or by heat transfer from gas burners through either the walls of the
			 fryer or through tubes passing through the cooking fluid (gas
			 fryers).
(5) "Commercial steam
			 cooker," also known as "compartment steamer," means a device with one or more
			 food-steaming compartments in which the energy in the steam is transferred to
			 the food by direct contact. Models may include countertop models, wall-mounted
			 models, and floor models mounted on a stand, pedestal, or cabinet-style
			 base.
(6) "Computers" and "computer
			 monitors" have the meaning as used in California Rule.
(7) "Director" means the Director of the
			 Oregon Department of Energy.
(8)
			 "Department" means the Oregon Department of Energy.
(9) "Equipment" means a category of equipment
			 or appliances regulated by ORS
			 469.229 to
			 469.261 and described in OAR
			 330-092-0015, below.
(10) "Electric
			 storage water heater" means a consumer product that uses electricity as the
			 energy source to heat domestic potable water, has a nameplate input rating of
			 twelve kilowatts or less, contains nominally forty gallons but no more than one
			 hundred twenty gallons of rated hot water storage volume, and supplies a
			 maximum hot water delivery temperature less than one hundred eighty degrees
			 Fahrenheit.
(11) "Faucet" and the
			 following related terms have the meaning as used in California Rule:
(a) "Lavatory faucet"
(b) "Lavatory replacement aerator"
(c) "Kitchen faucet"
(d) "Kitchen replacement aerator"
(e) "Public lavatory faucet"
(f) "Flow rate"
(g) "Plumbing fitting"
(h) "Showerhead"
(i) "Water use"
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 92 - MINIMUM ENERGY EFFICIENCY STANDARDS FOR STATE-REGULATED APPLIANCES AND EQUIPMENT › Section 330-092-0020 - Minimum Energy Efficiency Standards and Test Methods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Bottle-type water dispensers: Beginning
			 on the effective date shown in OAR 330-092-0015(1), bottle-type water
			 dispensers or water coolers that are included in the scope of the Environmental
			 Protection Agency "ENERGY STAR® Program Product Specification for Water
			 Coolers, Version 2.0," must have an "on mode with no water draw" energy
			 consumption less than or equal to the following values as measured in
			 accordance with the test requirements of that program:
(a) 0.16 kilowatt-hours per day for cold-only
			 units and cook and cold units;
(b)
			 0.87 kilowatt-hours per day for storage type hot and cold units; and
(c) 0.18 kilowatt-hours per day for on demand
			 hot and cold units.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 92 - MINIMUM ENERGY EFFICIENCY STANDARDS FOR STATE-REGULATED APPLIANCES AND EQUIPMENT › Section 330-092-0025 - Product Listing

Current through Register Vol. 63, No. 7, July 1, 2024
The following listing requirements shall apply to products as
				long as that listing is available for the specific standard and product:
(1) Bottle-type water dispensers:
			 each manufacturer must cause to be listed each bottle-type water dispenser, by
			 model number, in the ENERGY STAR® product database.
(2) Commercial hot food holding cabinets:
			 each manufacturer must cause to be listed each commercial hot food holding
			 cabinet, by model number, in MAEDbS.
(3) Compact audio products: each manufacturer
			 must cause to be listed each compact audio product, by model number, in
			 MAEDbS.
(4) Digital versatile disc
			 players and digital versatile disc recorders: each manufacturer must cause to
			 be listed each digital versatile disc players and digital versatile disc
			 recorder, by model number, in MAEDbS.
(5) Portable electric spas: each manufacturer
			 must cause to be listed each portable electric spa, by model number, in
			 MAEDbS.
(6) Televisions: each
			 manufacturer must cause to be listed each television, by model number, in
			 MAEDbS.
(7) Battery charging
			 systems: each manufacturer must cause to be listed each battery charging
			 system, by model number, in MAEDbS.
(8) High light output double-ended quartz
			 halogen lamps: high light output double-ended quartz halogen lamps have no
			 product listing requirement.
(9)
			 High CRI fluorescent lamps: high CRI fluorescent lamps have no product listing
			 requirement.
(10) Computers and
			 computer monitors: each manufacturer must cause to be listed each computer and
			 computer monitor, by model number, in MAEDbS.
(11) Plumbing Fittings:
(a) Lavatory faucets and lavatory replacement
			 aerators: each manufacturer must cause to be listed each lavatory faucet and
			 lavatory replacement aerator, by model number, in MAEDbS.
(b) Kitchen faucets and kitchen replacement
			 aerators; each manufacturer must cause to be listed each kitchen faucet and
			 kitchen replacement aerator, by model number, in MAEDbS
(c) Public lavatory faucets: each
			 manufacturer must cause to be listed each faucet, by model number, in
			 MAEDbS
(d) Showerheads: each
			 manufacturer must cause to be listed each showerhead, by model number, in
			 MAEDbS.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 92 - MINIMUM ENERGY EFFICIENCY STANDARDS FOR STATE-REGULATED APPLIANCES AND EQUIPMENT › Section 330-092-0030 - Effect of Registration

Current through Register Vol. 63, No. 7, July 1, 2024
To be sold or installed in Oregon after the effective dates
				described in OAR 330-092-0015, Oregon-regulated products must be listed as
				"Compliant" in the M-SCS database or be registered with the California Energy
				Commission. Products that are not registered as compliant with the California
				Energy Commission, not listed in the M-SCS database, or are listed as "Needing
				Attestation" or "Non-Compliant" may not be sold or installed in Oregon after
				the applicable effective date.
Statutory/Other Authority: ORS
				  469.040,
				  ORS
				  469.255,
				  ORS
				  469.261  & OL 2013, Ch. 418 (SB 692)
Statutes/Other Implemented: ORS
				  469.229-469.261  & OL 2013, Ch. 418
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 92 - MINIMUM ENERGY EFFICIENCY STANDARDS FOR STATE-REGULATED APPLIANCES AND EQUIPMENT › Section 330-092-0035

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  469.040,
				  ORS
				  469.255,
				  ORS
				  469.261  & OL 2013, Ch. 418 (SB 692)
Statutes/Other Implemented: ORS
				  469.229-469.261  & OL 2013, Ch. 418
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 92 - MINIMUM ENERGY EFFICIENCY STANDARDS FOR STATE-REGULATED APPLIANCES AND EQUIPMENT › Section 330-092-0040 - Determination of Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Products for which the Oregon minimum energy efficiency standards are identical
			 to or lower than standards adopted in California, and that have been approved
			 by the California Energy Commission, will automatically be certified as
			 compliant for sale and installation in Oregon.
(2) Products for which Oregon minimum energy
			 efficiency standards are not identical to standards adopted in California, or
			 that have not been approved by the California Energy Commission, must be
			 approved by the Oregon Department of Energy and will be designated in the M-SCS
			 database as "Needing Attestation" until they are approved.
(3) Products which do not comply with the
			 appliance efficiency standards set forth in ORS
			 469.233 will be designated in the M-SCS database as "Non-Compliant."
(4) A manufacturer may request the Department
			 to change the status of a product in the M-SCS database from "Needing
			 Attestation" or "Non-Compliant" to "Compliant" if it believes the product is
			 incorrectly listed. The Department may require the manufacturer to submit or
			 resubmit certification pursuant to OAR 330-092-0035  and any other documentation
			 demonstrating that the product meets the applicable minimum energy efficiency
			 standard.
(5) The Department may
			 require the manufacturer to provide test results or other documentation
			 verifying that a product meets Oregon's minimum energy efficiency standards for
			 that category of equipment.
Statutory/Other Authority: ORS
				  469.040,
				  469.255,
				  469.261,
				  OL 2013 & Ch. 418 (SB 692)
Statutes/Other Implemented: ORS
				  469.229-469.261,
				  OL 2013 & Ch. 418
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 92 - MINIMUM ENERGY EFFICIENCY STANDARDS FOR STATE-REGULATED APPLIANCES AND EQUIPMENT › Section 330-092-0045 - Labeling

Current through Register Vol. 63, No. 7, July 1, 2024
The following labeling requirements shall apply to products as
				long as that label is available for the specific standard and product:
(1) Bottle-type water dispensers: Every unit
			 of every bottle-type water dispenser, or water cooler, must have an ENERGY
			 STAR® label.
(2) Commercial hot
			 food holding cabinets: Every unit of every commercial hot food holding cabinet
			 must comply with the requirements of section 1607 of the California
			 Rule.
(3) Compact audio products:
			 Every unit of every compact audio product must comply with the requirements of
			 section 1607 of the California Rule.
(4) Digital versatile disc players and
			 digital versatile disc recorders: Every unit of every digital versatile disc
			 player or digital versatile disc recorder must comply with the requirements of
			 section 1607 of the California Rule.
(5) Portable electric spas: every unit of
			 every portable electric spa must comply with the labeling requirements of the
			 American National Standard for portable electric spa energy efficiency
			 (ANSI/APSP/ICC-14 2019).
(6)
			 Televisions: Every unit of every television must comply with the requirements
			 of section 1607 of the California Rule.
(7) Battery charging systems: Every unit of
			 every battery charger system must comply with the requirements of section 1607
			 of the California Rule.
(8) High
			 light output double-ended quartz halogen lamps: There is no labeling
			 requirement.
(9) High CRI
			 fluorescent lamps: Every unit of every high CRI fluorescent lamp must comply
			 with the requirements of section 1607(b)-(c) of the California Rule.
(10) Computers and computer monitors: Every
			 unit of every computer and computer monitor must comply with the requirements
			 of section 1607 of the California Rule.
(11) Plumbing fittings
(a) Lavatory faucets and lavatory replacement
			 aerators: Every unit of every lavatory faucet and lavatory replacement aerator
			 must comply with the requirements of section 1607 of the California
			 Rule.
(b) Kitchen faucets and
			 kitchen replacement aerators: Every unit of every kitchen faucet and kitchen
			 replacement aerator must comply with the requirements of section 1607 of the
			 California Rule.
(c) Public
			 lavatory faucets: Every unit of every public lavatory faucet must comply with
			 the requirements of section 1607 of the California Rule.
(d) Showerheads: Every unit of every
			 showerhead must comply with the requirements of section 1607 of the California
			 Rule.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 92 - MINIMUM ENERGY EFFICIENCY STANDARDS FOR STATE-REGULATED APPLIANCES AND EQUIPMENT › Section 330-092-0050 - Determination of Non-Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a manufacturer has not submitted
			 certification to the Department pursuant to OAR 330-092-0035  for a product, the
			 Department may change the Oregon status in the M-SCS to "Needing Attestation"
			 and require the manufacturer to provide such certification within 30 days. If
			 certification is not received within 30 days, the Department may change the
			 status to "Non-Compliant" until such time as the certification is
			 provided.
(2) The Department may
			 review any product if it has cause to believe the product may not comply with
			 Oregon's appliance efficiency standards.
(a)
			 Upon completing its review, the Department will notify a manufacturer in
			 writing of its determination whether the product is in compliance with the
			 appropriate appliance energy efficiency standard. The notification will
			 include:
(A) Identification of the
			 product.
(B) An explanation of any
			 deficiencies in compliance with the applicable standards, testing requirements,
			 or labeling requirements.
(C) The
			 action the Department proposes to take if it determines the product is
			 non-compliant or the information supplied to the Department through the M-SCS
			 database or other means is in error.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 92 - MINIMUM ENERGY EFFICIENCY STANDARDS FOR STATE-REGULATED APPLIANCES AND EQUIPMENT › Section 330-092-0055 - Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A manufacturer
			 may request reconsideration of the Department's order in writing. The
			 Department will respond within fifteen days of receipt of a request for
			 reconsideration.
(2) A
			 manufacturer may appeal an action taken by Department staff to the Director. An
			 appeal shall state as clearly as possible the original request, the action
			 taken by staff, and any relevant information demonstrating why the manufacturer
			 believes the Department action is in error.
(3) The Director will respond to an appeal
			 within fifteen days.
Stat. Auth.: ORS
				  469.040,
				  469.255,
				  469.261, OL 2013, Ch. 418 (SB
				  692)
Stats. Implemented: ORS
				  469.229-469.261, OL 2013, Ch.
				  418
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 92 - MINIMUM ENERGY EFFICIENCY STANDARDS FOR STATE-REGULATED APPLIANCES AND EQUIPMENT › Section 330-092-0070 - Mailing List

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				183.355(8), the
				Department will establish a mailing list of manufacturers for each category of
				regulated equipment and other interested parties to give notice of program
				information including proposed rulemaking.
Stat. Auth.: ORS
				  469.040,
				  469.255,
				  469.261, OL 2013, Ch. 418 (SB
				  692)
Stats. Implemented: ORS
				  469.229-469.261, OL 2013, Ch.
				  418
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 100 - SMALL SCALE LOCAL ENERGY PROJECT PROCEDURAL RULES › Section 330-100-0000 - Notification of Rulemaking Activities

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment or repeal of any rule, the
				Small Scale Local Energy Project Loan Program will give notice of the proposed
				adoption, amendment or repeal:
(1) In
			 the Secretary of State's Bulletin referred to in ORS
			 183.360 at least 15 days before
			 the effective date of action;
(2)
			 By mailing a copy of the notice to persons on the Small Scale Local Energy
			 Program's mailing list established pursuant to ORS
			 183.335(7);
(3) By mailing a copy of the notice to the
			 legislators specified in ORS
			 183.335(14) at
			 least 28 days before the effective date of the rule; and
(4) By mailing a copy of the notice to the
			 Associated Press, the Oregonian and the Capitol Press Room.
Stat. Auth.: ORS 183
Stats. Implemented: ORS
				  470.140
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 100 - SMALL SCALE LOCAL ENERGY PROJECT PROCEDURAL RULES › Section 330-100-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS183.341, the Small Scale Local
				Energy Loan Program adopts the Attorney General's Uniform and Model Rules of
				Procedure Division I and II under the Administrative Procedures Act as amended
				and effective January 15, 2004.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or Department of
				  Energy.
Stat. Auth.: ORS 183
Stats. Implemented: ORS
				  470.140
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 105 - REVIEW OF LOAN REQUESTS BY THE SMALL SCALE LOCAL ENERGY PROJECT ADVISORY COMMITTEE › Section 330-105-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Where context permits, these definitions apply to ORS Chapter
				470 and these rules:
(1) "Application"
			 or "Request" means an application submitted on a Department-approved form and
			 its supporting papers.
(2) "Adverse
			 Decision" means a decision to deny a loan application or to make a loan in an
			 amount contrary to advice of the Committee.
(3) "Committee" means the Small Scale Local
			 Energy Project Advisory Committee created under ORS
			 470.070.
(4) "Secretary" means the Secretary to the
			 Committee. He or she will be an employee chosen by the Director.
(5) The definitions contained in OAR
			 330.110 and ORS
			 470.050, as amended, apply to
			 these rules.
Stat. Auth.: ORS 469 &
				  470.140
Stats. Implemented: ORS
				  470.050 -
				  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 330-105-0007 - Committee Officers and Their Powers

Current through Register Vol. 63, No. 7, July 1, 2024
The Committee will elect a Chair and Vice-Chair every two
				years. The Chair or Vice-Chair may serve until his or her successor is elected.
				The Chair or Vice-Chair may be removed by a unanimous vote of the other
				members. A vacant office will be filled by vote at the next Committee
				meeting.
(1) The Chair will preside
			 over all Committee meetings. Except as provided in (3) below, the Chair will
			 sign all documents on behalf of the Committee. The Vice-Chair will fill the
			 role of the Chair when the Chair is absent.
(2) The Chair may create, and appoint members
			 to, sub-committees. Sub-committee members are not required to vote or concur on
			 their findings. Each may report alone to the Committee or Chair.
(3) Only the Chair may sign letters in the
			 name of the Committee unless the Committee by vote authorizes a member or the
			 Secretary to do so. All letters of the Committee will be prepared and filed by
			 the Secretary. The Committee must approve in advance any letters.
Stat. Auth.: ORS 469 & 470
Stats. Implemented: ORS
				  470.070
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 105 - REVIEW OF LOAN REQUESTS BY THE SMALL SCALE LOCAL ENERGY PROJECT ADVISORY COMMITTEE › Section 330-105-0008 - Committee Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Committee will meet at the call of the Chair. Four or more members may also
			 call a meeting. The Chair may run meetings informally. The Chair may require
			 that Robert's Rules of Order be used to run all or part of any
			 meeting.
(2) The agenda for each
			 meeting will be prepared by the Secretary and the Chair. The agenda will set
			 out all matters set to come before the Committee at the meeting. The Secretary
			 will send the agenda and related material to members at least one week prior to
			 a meeting. If the Chair or a majority of the members concur:
(a) New matters may be added to the
			 agenda;
(b) Debate may be limited
			 on any matter; or
(c) The agenda
			 may be revised.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 105 - REVIEW OF LOAN REQUESTS BY THE SMALL SCALE LOCAL ENERGY PROJECT ADVISORY COMMITTEE › Section 330-105-0015 - Committee Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department will process each loan request and recommend approval or denial of
			 the loan request and specify the amount, terms and conditions of the
			 loan.
(2) The Department will send
			 to the Committee members for review notice of its recommendations, together
			 with a copy of the loan request and the staff review and findings, on the
			 following:
(a) Any loan requests, other than
			 state agency loan requests, of more than $100,000;
(b) State agency loan requests of more than
			 $500,000;
(c) Loan assumption
			 requests of more than $100,000 by non-government borrowers; and
(d) Loan increase requests of more than
			 $25,000 and more than 10 percent of the original approved loan amount where the
			 total loan amount exceeds the limits set above for Committee review.