reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 66 - COMMERCIAL ENERGY CONSERVATION SERVICES PROGRAMS FOR PUBLICLY-OWNED UTILITIES IN OREGON › Section 330-066-0040 - Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 utility shall report to the Director quarterly the number of eligible
			 commercial building customers, number of audits requested, number of audits
			 performed by level of audit, number of referrals to other audit programs,
			 estimated aggregate savings of operations and maintenance recommendations,
			 estimated aggregate savings and retrofit energy conservation
			 measures.
(2) Each utility shall
			 also report when requested by the Department, not to exceed once per year,
			 information on all commercial building customers who have received commercial
			 energy audits in order for the Department to evaluate program performance and
			 effectiveness.
(3) If the utility's
			 service is offered through an association, the association should provide the
			 above information on an individual basis for each utility served.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 66 - COMMERCIAL ENERGY CONSERVATION SERVICES PROGRAMS FOR PUBLICLY-OWNED UTILITIES IN OREGON › Section 330-066-0045 - Coordination with Federal Statutes and Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
The Director shall review each commercial energy audit
				conservation services program to ensure that it does not conflict with federal
				statutes and regulations applicable to energy conservation in commercial
				buildings.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 66 - COMMERCIAL ENERGY CONSERVATION SERVICES PROGRAMS FOR PUBLICLY-OWNED UTILITIES IN OREGON › Section 330-066-0050 - Exemption for Existing Commercial Energy Conservation Service Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each covered
			 publicly-owned utility which has an existing commercial energy conservation
			 services program, as of the effective date of these rules, may submit a
			 description of its program to the Director to request an exemption. The program
			 description shall include: copies of information materials about energy
			 conservation which it has available for commercial building customers,
			 procedures used to regularly notify for commercial building customers,
			 procedures used to regularly notify all customers in commercial buildings of
			 the availability of energy conservation services and a description of audit
			 procedures, auditor qualifications, types of systems audited, example report
			 forms and procedures for estimating costs of energy conservation measures. A
			 fee schedule, if any, shall be included with the program description.
(2) If the Director finds that the existing
			 program meets or exceeds the requirements of Sections 17 to 20 of Chapter 708,
			 Oregon Laws 1981, those sections shall not apply to the covered publicly-owned
			 utility.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 67 - IMPLEMENTING THE INSTITUTIONAL CONSERVATION PROGRAM › Section 330-067-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The program
			 rules for grants are set by Title III of the National Energy Conservation
			 Policy Act, Public Law 95-619, 92 Stat. 3238
(42
			 U.S.C. 6371)
. These rules are
			 authorized by ORS 469.040, ORS Chapter 183, and
10 CFR, Part 455
in the
February 19, 1993, Federal
			 Register
.
(2) These rules
			 allow grants to the state for program and technical assistance. The grant for
			 Program Assistance is managed and performed by the state. The purpose of the
			 grant is to provide support and training to eligible institutions to help
			 improve building energy system efficiency and reduce energy costs. Technical
			 Assistance (TA) grants or Technical Assistance Studies (TAS) help institutions
			 identify actions that can be taken and/or measures that can be installed to
			 reduce the use and costs of energy.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  469.040 & ORS
				  469.165
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 67 - IMPLEMENTING THE INSTITUTIONAL CONSERVATION PROGRAM › Section 330-067-0015 - Grantees Must Comply with Other Rules and Laws

Current through Register Vol. 63, No. 7, July 1, 2024
TAS in part paid for by the Institutional Conservation Program
				(ICP) must comply with all local, state and federal rules, regulations,
				ordinances, statutes, codes, and standards. These rules do not alter the duty
				of the grantee to comply with all other rules and laws that
				apply.
Stat. Auth.: ORS
				  469.040 & ORS
				  469.165
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 67 - IMPLEMENTING THE INSTITUTIONAL CONSERVATION PROGRAM › Section 330-067-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Act", as used
			 in this rule, means the Energy Policy and Conservation Act, Public Law 94-163,
			 89 Stat. 871
(42 U.S.C.
			 6201)
as amended by Title III of the
			 National Energy Conservation Policy Act, Public Law 95-619, 92 Stat. 3238
(42
			 U.S.C. 6371)
and the State Energy
			 Efficiency Programs Improvement Act of 1990,
			 Public Law
			 101-440, 104 Stat. 1011.
(2) "Building" means any structure, including
			 a group of closely situated structural units that are centrally metered and are
			 served by a central utility plant, or eligible portion thereof, which:
(a) Was built on or before May 1,
			 1989;
(b) Is owned and occupied by
			 the eligible institution;
(c)
			 Includes a heating or cooling system or both.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 67 - IMPLEMENTING THE INSTITUTIONAL CONSERVATION PROGRAM › Section 330-067-0023 - Program for Technical and Program Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
As allowed under
Subparts H and K
,
10 CFR
				455
in the
February 19
,
1993
,
Federal
				Register
, ODOE will operate a program to provide technical and program
				assistance through the following services:
(1) Resources accounting program and
			 training;
(2) On-site
			 assessments;
(3) Building operator
			 training, including trouble shooting and repair;
(4) Detailed energy studies;
(5) Assistance to secure financing of
			 identified energy conservation measures; and
(6) Training on how to operate and maintain
			 installed measures.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  469.040 & ORS
				  469.165
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 67 - IMPLEMENTING THE INSTITUTIONAL CONSERVATION PROGRAM › Section 330-067-0025 - Administration of Grants

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Technical Assistance (TA) grantees under this program shall comply with all
			 laws, rules and procedures. These include, but are not limited to, the ICP
			 rules in the
February 19
,
1993
,
Federal
			 Register
,
Subpart A
,
10 CFR
			 455.3
.
(2) TA grantees shall comply with any new
			 rules and laws that US DOE or ODOE prescribe.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  469.040 & ORS
				  469.165
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 67 - IMPLEMENTING THE INSTITUTIONAL CONSERVATION PROGRAM › Section 330-067-0030 - Recordkeeping

Current through Register Vol. 63, No. 7, July 1, 2024
TA grantees that receive federal dollars under this program
				shall make and retain records required by US DOE and ODOE. These include
				records which fully disclose:
(1) The
			 amount of the grant and how it was spent;
(2) The total cost of the activities done
			 under the grant;
(3) The source and
			 amount of any funds not supplied by US DOE;
(4) Three years of utility data after the TAS
			 is completed; and
(5) Any
			 information which US DOE and ODOE needs to protect the interest of the United
			 States and the state. US DOE and ODOE shall have access to any documents or
			 records which are related to any grant given under this program.
Stat. Auth.: ORS
				  469.040 & ORS
				  469.165
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 67 - IMPLEMENTING THE INSTITUTIONAL CONSERVATION PROGRAM › Section 330-067-0035 - Cancellation of Grants

Current through Register Vol. 63, No. 7, July 1, 2024
ODOE may cancel a TA grant if the grantee fails to comply with
				the terms and conditions set forth in the application, ODOE Partnership
				Agreement, and in
10 CFR 455
, as amended in the
February
				19
,
1993
,
Federal Register
. ODOE may cancel a
				grant if the grantee fails to comply with civil rights requirements. A decision
				to cancel a grant may be appealed to US DOE.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency..
Stat. Auth.: ORS
				  469.040 & ORS
				  469.165
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 67 - IMPLEMENTING THE INSTITUTIONAL CONSERVATION PROGRAM › Section 330-067-0045 - TA Programs for Schools and Hospitals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This section contains the rules under
			 which ODOE shall give grants to schools and hospitals for TASs done in their
			 buildings.
(2) To be eligible to
			 receive TA grants, an applicant must:
(a) Be a
			 school or hospital as defined in OAR 330-067-0020  and
10
			 CFR 455.2
in the
February
			 19
,
1993
,
Federal Register
;
(b) Be in the state;
(c) Submit an EUE for the building for which
			 a TA grant is requested. The EUE must have been done after the most recent
			 construction, remodeling, or use change which changed energy use in the
			 building. If the EUE is 12 months old or older when the request for TA is
			 received by ODOE, ODOE may require an EUE update;
(d) Assure that it will do all O&Ms from
			 the on-site assessment or request ODOE approval for a waiver;
(e) Assure that it will install all ECMs
			 identified in the on-site assessment and the TAS with a combined simple payback
			 of five years or provide in writing a good reason why a particular measure
			 should not be installed;
(f) Submit
			 an EUE that meets the rules set by ODOE.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 67 - IMPLEMENTING THE INSTITUTIONAL CONSERVATION PROGRAM › Section 330-067-0055 - Requests for TA Grants

Current through Register Vol. 63, No. 7, July 1, 2024
Institutions shall submit a completed Request for Services
				Form. If ODOE determines the institution is eligible for a TA grant, the
				institution shall:
(1) Complete and
			 submit an EUE for each building for which a TA grant is requested;
(2) Complete and submit an ODOE Partnership
			 Agreement; and
(3) Any other
			 information required by ODOE or which the applicant wants considered, such as a
			 hardship request.
Stat. Auth.: ORS
				  469.040 & ORS
				  469.165
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 67 - IMPLEMENTING THE INSTITUTIONAL CONSERVATION PROGRAM › Section 330-067-0060 - Applicant Certifications

Current through Register Vol. 63, No. 7, July 1, 2024
TA grant applicants shall certify that they:
(1) Are eligible for TA.
(2) Have met the rules set forth in OAR
			 330-067-0055.
(3) Will do all
			 O&Ms from the on-site assessment or TAS. If the institution does not intend
			 to do all the Q&Ms, the applicant shall request ODOE approval in writing
			 for a waiver.
(4) If an institution
			 contracts with a TAA, it will obtain from the TAA, before the TAA does any work
			 on a TAS, a signed statement that certifies that the TAA:
(a) Has no conflicting financial interests;
			 and
(b) Is qualified to do the
			 duties of TAA in accord with the rules set by US DOE and the State
			 Plan.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 67 - IMPLEMENTING THE INSTITUTIONAL CONSERVATION PROGRAM › Section 330-067-0067 - Grant Applications for State Program for Technical and Program Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ODOE
			 will defray the costs of the administration of the special programs for
			 technical and program assistance by requesting a grant from US DOE. US DOE may
			 make a grant award to a state for up to 100 percent of the funds allocated to
			 the state for the grant program cycle provided the state meets the requirements
			 described in
10
			 CFR 455.121
in the
February
			 19
,
1993
,
Federal Register
. Grants may:
(a) Not exceed more than 50 percent of the
			 cost of the technical assistance programs;
(b) Be made for up to 100 percent of the
			 program assistance expenses.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 67 - IMPLEMENTING THE INSTITUTIONAL CONSERVATION PROGRAM › Section 330-067-0070 - Grantee Records and Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each grantee shall keep all the records
			 and submit all reports required by
Subpart A
,
10
			 CFR 455.4
and
Subpart
			 J
,
10 CFR 445.113
, in the
February 19
,
1993
,
Federal Register
.
(2) ODOE shall forward on all grantee reports
			 to US DOE.
(3) For state technical
			 and program assistance grants, ODOE shall submit reports to US DOE as required
			 in
Subpart K
,
10
			 CFR 455.122 and 123
, in the
February 19
,
1993
,
Federal
			 Register
.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  469.040 & ORS
				  469.165
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 67 - IMPLEMENTING THE INSTITUTIONAL CONSERVATION PROGRAM › Section 330-067-0075 - State Evaluation of TA Grant Requests

Current through Register Vol. 63, No. 7, July 1, 2024
EUEs received by ODOE are reviewed to determine eligibility.
				Those that comply with
Subparts E
and
L of  10 CFR
				455
, as amended in the
February 19
,
1993
,
Federal Register
, section (2) of this rule, the State
				Plan and other laws and rules, will be eligible for a TA
				grant.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  469.040 & ORS
				  469.165
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 67 - IMPLEMENTING THE INSTITUTIONAL CONSERVATION PROGRAM › Section 330-067-0080 - State Review of TA Grant Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All eligible TA requests received by ODOE
			 will be reviewed in the manner stated in the State Plan.
(2) Within the limits of available funds,
			 applications will be funded on a first-come, first-served basis.
(3) Up to ten percent of the state's
			 allocation in each cycle will be available for hardship grants. Hardship grants
			 will be available to institutions based on their need or which cannot provide
			 their 50 percent matching share. These funds will be available only to the
			 extent needed to allow such institutions to do the project under the program:
(a) ODOE shall recommend funds for hardship
			 grants in the manner stated in the State Plan;
(b) Applications for hardship funding shall
			 be judged by ODOE to assess the relative need among applicants. The minimum
			 amount of additional US DOE funds needed by the applicant to do the project
			 under the ICP will be set by ODOE.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 67 - IMPLEMENTING THE INSTITUTIONAL CONSERVATION PROGRAM › Section 330-067-0090 - State Liaison, Monitoring and Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
ODOE shall:
(1) Notify
			 institutions and coordinating agencies of any changes to the State
			 Plan;
(2) Notify each applicant if
			 its application will receive funding. If the application will not be funded,
			 ODOE will tell the applicant why;
(3) Monitor projects funded by ICP grants.
			 ODOE will notify US DOE of any failure by grantees to comply with ICP rules and
			 laws; and
(4) Report as required by
Subparts J
,
K
,
and L of  10 CFR 455
, in
			 the
February 19
,
1993
,
Federal
			 Register
.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  469.040 & ORS
				  469.165
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 67 - IMPLEMENTING THE INSTITUTIONAL CONSERVATION PROGRAM › Section 330-067-0100 - TA Grant Awards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ODOE
			 may award grants to schools and hospitals for up to 50 percent of the cost of
			 doing TASs for eligible buildings.
(2) ODOE may award up to ten percent of the
			 state's total allocation to schools and hospitals in cases of severe
			 hardship.
(3) TA grant awards will
			 be made by ODOE in accord with
Subpart M
,
10
			 CFR 455.144
, in the
February
			 19
,
1993
,
Federal Register
and approved State
			 Plan.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  469.040 & ORS
				  469.165
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 67 - IMPLEMENTING THE INSTITUTIONAL CONSERVATION PROGRAM › Section 330-067-0110 - State Plan Amendments

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 ODOE's State Plan for ICP includes all the contents set forth in
Subpart
			 B
,
10 CFR
			 455.20
, in the
February
			 19
,
1993
,
Federal Register
.
(2) Any amendments to the State Plan must be
			 submitted to US DOE for its review and approval. With US DOE's consent, ODOE
			 may submit a new or amended plan at any time.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  469.040 & ORS
				  469.165
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 68 - INSTITUTIONAL BUILDINGS PROGRAM › Section 330-068-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to provide procedures, standards
				and criteria for administration by the Oregon Department of Energy of a
				contract agreement with the Bonneville Power Administration to acquire
				electricity energy savings through subcontracts with schools, hospitals, public
				care, government buildings and eligible facilities other than
				buildings.
Stat. Auth.: ORS 183 & ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 68 - INSTITUTIONAL BUILDINGS PROGRAM › Section 330-068-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Bonneville"
			 means the Bonneville Power Administration, an agency of the U.S. Department of
			 Energy.
(2) "Building" means any
			 structure in which the efficiency of electric energy use can be improved
			 through the installation of an energy conservation measure (ECM), and which was
			 completed by October 28, 1982, and which is owned and operated by an
			 Institution.
(3) "Care Institution"
			 means:
(a) An institution for long-term care,
			 a rehabilitation institution, or a health center, as described in Section 1633
			 of the Public Health Service Act (
42
			 U.S.C. 300s-3
;
88 Stat.
			 2270
); or
(b) A residential
			 child care center, other than a foster home, which is primarily intended to
			 provide fulltime residential care with an average length of stay of at least 30
			 days for at least ten minor persons who are in the care of such institution as
			 a result of a finding of abandonment or neglect, or of being persons in need of
			 treatment or supervision.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 68 - INSTITUTIONAL BUILDINGS PROGRAM › Section 330-068-0015 - Availability

Current through Register Vol. 63, No. 7, July 1, 2024
The program is available to institutions for buildings and
				facilities other than buildings located in the operating area as listed in OAR
				330-068-0080.
Stat. Auth.: ORS 183 & ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 68 - INSTITUTIONAL BUILDINGS PROGRAM › Section 330-068-0025 - Obligated Measures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall contract with an institution for TAS or ECM projects which
			 meet the requirement of OAR
			 330-068-0020.
			 The Department shall prepare and submit to Bonneville a request in the form of
			 a table for each additional measure or group of measures for which obligations
			 are created which extends past the end of the federal fiscal year. Each such
			 table shall be prepared in accordance with procedures and format provided by
			 Bonneville, and signed by the Department's authorized contracting officer. Upon
			 execution by Bonneville's authorized contracting officer, such table shall
			 become effective as of the date specified therein, provided such table is
			 received by Bonneville on or before a date to be determined annually by
			 Bonneville.
(2) Each table shall
			 contain the following information, as appropriate:
(a) Name and address of:
(A) The building, or the facility other than
			 a building, in which a measure or measures are being installed or completed;
			 and
(B) The institution owning and
			 operating the building or the facility other than a building;
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 68 - INSTITUTIONAL BUILDINGS PROGRAM › Section 330-068-0030 - Payment Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
If a measure or measures recommended in the applicable TAS but
				not previously eligible for payment due to environmental restrictions become
				eligible for payment, the Department may:
(1) Pay retroactively for such measure or
			 measures in accordance with the amounts established in OAR
			 330-068-0090, if
			 such measure or measures were installed prior to the change in environmental
			 restrictions; or
(2) Pay
			 retroactively for the installation of such measure or measures in accordance
			 with amounts established in OAR
			 330-068-0090  if
			 such measure or measures are subsequently installed.
Stat. Auth.: ORS 183 & ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 68 - INSTITUTIONAL BUILDINGS PROGRAM › Section 330-068-0035 - Limitation of Program Funds

Current through Register Vol. 63, No. 7, July 1, 2024
In the event of a notice from Bonneville to the Department that
				sufficient funds may not be available to continue this program, the Department
				shall pay, in accordance with amounts established in OAR
				330-068-0090, for
				TASs and ECMs which are completed by the date of such notice, and ECMs which
				are contractually obligated for by the Department in accordance with
				330-068-0025 by the date of such notice, subject to the total amount established for each
				category in the approved budget.
Stat. Auth.: ORS 183 & ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 68 - INSTITUTIONAL BUILDINGS PROGRAM › Section 330-068-0040 - Other Sources of Payment

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall not pay for measures funded by a cost
				sharing grant under the U.S. Department of Energy Institutional Buildings
				Grants Program.
Stat. Auth.: ORS 183 & ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 68 - INSTITUTIONAL BUILDINGS PROGRAM › Section 330-068-0045 - Retroactive Payment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may pay an institution, in accordance with amounts established in
			 rule
			 330-068-0090, for
			 technical assistance studies meeting the requirements in section (2) of this
			 rule, and for installed energy conservation measures meeting the requirements
			 of section (3) of this rule, the funds for which were contractually committed
			 to on or after December 5, 1980, and prior to the date that the utility serving
			 an institution's building, or facility other than a building, was included in
			 OAR
			 330-068-0080  as
			 provided.
(2) Technical assistance
			 studies are eligible for retroactive payment if they:
(a) Are comparable in quality and scope to a
			 TAS performed in accordance with these rules;
(b) Resulted in accomplishment of O&M
			 activities; and
(c) Resulted in the
			 installation of energy conservation measures recommended in the technical
			 assistance study, the cost of which were at least equal to the portion of the
			 technical assistance study to be paid for by the Department.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 68 - INSTITUTIONAL BUILDINGS PROGRAM › Section 330-068-0050 - Program Records

Current through Register Vol. 63, No. 7, July 1, 2024
The institution shall maintain the following records concerning
				disbursement of Department funds:
(1)
			 For energy audits (for buildings and occupied buildings only):
(a) O&M activities implemented by the
			 institution in a building;
(b)
			 Reason for not implementing O&M activities in accordance with OAR
			 330-068-0020(3)(b)(B).
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 68 - INSTITUTIONAL BUILDINGS PROGRAM › Section 330-068-0055 - Program Audits

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may, upon reasonable notice, conduct such
				audits, examinations, or inspections of the institution's program records, and
				of the institution's procedures under these rules as it deems appropriate. The
				number, timing, and extent of such audits shall be at the discretion of the
				Department, may be conducted by the Department staff or its designee, and shall
				be in accordance with audit standards established by the Comptroller General of
				the United States. The Department, at its expense, may:
(1) Audit and examine program records and
			 accounts maintained by the institution pursuant to the program records sections
			 of these rules;
(2) Request copies
			 of such program records and accounts for audit purposes;
(3) Conduct random inspections of
			 installations made under these rules; all such inspections shall be arranged in
			 advance with the institution; and
(4) Review institution procedures employed in
			 accomplishing the provisions of these rules.
Stat. Auth.: ORS 183 & ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 68 - INSTITUTIONAL BUILDINGS PROGRAM › Section 330-068-0060 - Indemnification

Current through Register Vol. 63, No. 7, July 1, 2024
The institution shall be an independent contractor in the
				implementation of this Program.
Stat. Auth.: ORS 183 & ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 68 - INSTITUTIONAL BUILDINGS PROGRAM › Section 330-068-0065 - Extension of Time for Obligated Measures

Current through Register Vol. 63, No. 7, July 1, 2024
The institution may, if needed, request an extension of the
				completion date of an obligated measure or measures contracted in accordance
				with OAR
				330-068-0025.
				Such request must be submitted in writing, no later than 45 days prior to the
				approved completion date previously stated in the appropriate table, and shall
				contain the requested extension date and the reasons therefor. The Department
				shall notify the institution in writing, prior to the previous completion date,
				if the request has been granted, if a portion of the requested extension has
				been granted, or if the request has been denied.
Stat. Auth.: ORS 183 & ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 68 - INSTITUTIONAL BUILDINGS PROGRAM › Section 330-068-0070 - Termination of Obligated Measures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may, by written notice of
			 default to the institution, terminate any obligations created in accordance
			 with OAR
			 330-068-0025  of this agreement as they pertain to any measure if such measure is not
			 completed within the time specified therein, or by the time specified in an
			 extension of time for an obligated measure or measures in accordance with
			 330-068-0065.
(2) In the event the Department terminates
			 any obligations created in accordance with OAR
			 330-068-0025  as provided in section (1) of this rule, the Department may contract for the
			 completion of such measure upon such terms and in such manner as the Department
			 may deem appropriate, services similar to those so terminated, and the
			 institution shall be liable to the Department for any excess costs incurred by
			 the Department as a result of contracting for completion of such measure or
			 measures.
(3) Unless the services
			 to be furnished by the installer or the institution were obtainable from other
			 sources in sufficient time to permit the institution to meet the required
			 delivery schedule, the institution shall not be liable for any excess costs
			 under section (2) of this rule if the failure to perform in accordance with
			 these rules arises out of causes beyond the control and without the fault or
			 negligence of the Department, institution, or installer. Such causes may
			 include, but are not restricted to, acts of God or of the public enemy, fires,
			 floods, epidemics, quarantine restrictions, strikes, freight embargoes, and
			 unusually severe weather; but in every case the failure to perform must be
			 beyond the control and without the fault or negligence of the Department,
			 institution, or installer.
(4) The
			 Department may withhold from amounts otherwise due the institution for such
			 completed services such sum as the Department determines to be necessary to
			 protect the Department against loss.
(5) The rights and remedies of the Department
			 provided in this section shall not be exclusive and are in addition to any
			 other rights and remedies provided by law.
Stat. Auth.: ORS 183 & ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 68 - INSTITUTIONAL BUILDINGS PROGRAM › Section 330-068-0075 - Termination

Current through Register Vol. 63, No. 7, July 1, 2024
If the Department has advanced progress payments for a project
				pursuant to OAR
				330-068-0090, and
				such project is not completed by the institution in accordance with these
				rules, the institution shall be liable for excess costs incurred by the
				Department in contracting for the completion of such project.
Stat. Auth.: ORS 183 & ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 68 - INSTITUTIONAL BUILDINGS PROGRAM › Section 330-068-0080 - Operating Area

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may operate this agreement in the service areas
				(or portions thereof) of the following firm requirements power sales customers
				of Bonneville:
(1) Ashland, City
			 of;
(2) Bandon, City of;
(3) Blachly-Lane County Cooperative Electric
			 Association;
(4) Canby Utility
			 Board;
(5) Cascade Locks, City
			 of;
(6) Central Electric
			 Cooperative;
(7) Central Lincoln
			 PUD;
(8) Clatskanie PUD;
(9) Columbia Basin Electric Cooperative;
(10) Columbia Power
			 Cooperative;
(11) Columbia
			 REA;
(12) Columbia River
			 PUD;
(13) Consumers Power,
			 Inc.;
(14) Coos-Curry Electric
			 Cooperative, Inc.;
(15) Douglas
			 Electric Cooperative, Inc.;
(16)
			 Drain, City of;
(17) Emerald
			 PUD;
(18) Eugene Water and Electric
			 Board;
(19) Forest Grove, City
			 of;
(20) Harney Electric
			 Cooperative;
(21) Hood River
			 Electric Cooperative;
(22) Lane
			 Electric Cooperative;
(23)
			 McMinnville, City of;
(24) Midstate
			 Electric Cooperative;
(25)
			 Milton-Freewater, City Light & Power;
(26) Monmouth, City of;
(27) Northern Wasco County People's Utility
			 District;
(28) Salem
			 Electric;
(29) Springfield
			 Utility;
(30) Surprise Valley
			 Electrification Corporation;
(31)
			 Tillamook PUD;
(32) U.S. Bureau of
			 Mines;
(33) Umatilla Electric
			 Cooperative;
(34) Wasco Electric
			 Cooperative;
(35) West Oregon
			 Electric Cooperative, Inc.
Stat. Auth.: ORS 183 & ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 68 - INSTITUTIONAL BUILDINGS PROGRAM › Section 330-068-0085 - Project Ranking Formula

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 TAS:
(a) The Department shall rank TAS
			 applications for building or occupied building according to its potential for
			 ECMs determined by a point system based on data presented in the energy audit
			 submitted with the application;
(b)
			 The Department shall fund TAS applications in rank order starting with the
			 application with the highest ranking value.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 68 - INSTITUTIONAL BUILDINGS PROGRAM › Section 330-068-0090 - Payment Levels

Current through Register Vol. 63, No. 7, July 1, 2024
(1) TAS:
			 The Department shall reimburse the institution for actual costs for a TAS not
			 to exceed $0.0108 multiplied by the institution's electric energy use expressed
			 in kWh/yr, or not to exceed an amount equal to the total estimated cost of
			 those ECMs recommended in the TAS and approved by the Department, whichever is
			 smaller. The Department reserves the right to question and request adjustments
			 of costs for a TAS which are judged to be unreasonable:
(2) ECM:
(a)
			 The Department shall reimburse the institution actual costs for an ECM. Such
			 costs shall not exceed $0.292 multiplied by the estimated first year kWh
			 savings, minus the estimated first year dollar savings. These savings are those
			 associated with the energy use reduction determined by multiplying the
			 building's retail electric energy rate by its estimated annual kilowatt hour
			 savings indicated by the TAS for such ECM;
(b) For ECM projects costing more than
			 $10,000 but less than $200,000, progress payments may be made for ECMs upon 30
			 percent, 60 percent, and 100 percent completion, unless otherwise agreed to by
			 Bonneville;
(c) For ECM projects
			 costing more the $200,000, progress payments may be made for ECMs upon 30
			 percent, 60 percent, 80 percent, and 100 percent completion, unless otherwise
			 agreed to by Bonneville.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 69 - INVESTER OWNED UTILITY INSTITUTIONAL BUILDINGS PROGRAM › Section 330-069-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules describe how the Oregon Department of Energy (ODOE)
				will run a two-year Institutional Buildings Program. The program will be funded
				by four investor-owned utilities. The program is to save electricity in
				schools, hospitals, public care and government buildings, and eligible
				facilities other than buildings.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 69 - INVESTER OWNED UTILITY INSTITUTIONAL BUILDINGS PROGRAM › Section 330-069-0010 - Compliance with Other Rules, Regulations, Codes and Standards

Current through Register Vol. 63, No. 7, July 1, 2024
Projects in this program must comply with all applicable local,
				state and federal rules, regulations, ordinances, statutes, codes, and
				standards. These rules in no way alter the responsibility of the applicant for
				such compliance.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 69 - INVESTER OWNED UTILITY INSTITUTIONAL BUILDINGS PROGRAM › Section 330-069-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "IOU" means the
			 investor-owned utilities listed in OAR
			 330-069-0075.
(2) "Administrative Costs" are costs allowed
			 under
OMB Circular A-87
, '
Cost Principles for State and
			 Local Governments
', as amended.
(3) "Building" means any structure in which
			 the efficient use of electricity can be improved through an ECM. Such
			 building(s) must have been completed by October 28, 1982. The building(s) must
			 be owned and operated by an institution.
(4) "Building Owner" means an institution
			 which is the fee owner, mortgagor, or contract vendor of a building; or an
			 institution which is a lessee or other occupant of a building with a lease
			 which ends not before September 30, 1992, and which is authorized to install
			 ECMs.
(5) "Care Institution" means:
(a) An institution for long-term care or
			 rehabilitation, or a health center, as described in Section 1633 of the Public
			 Health Service Act (
42
			 U.S.C. 300s-3
;
88 Stat.
			 2270
); or
(b) A residential
			 child care center, other than a foster home, which primary use is for fulltime
			 care. Such center must provide care for at least ten minor persons who have an
			 average stay of at least 30 days. Such persons must be in the care of the
			 center because of a finding of abandonment or neglect, or because they need
			 treatment or supervision.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 69 - INVESTER OWNED UTILITY INSTITUTIONAL BUILDINGS PROGRAM › Section 330-069-0020 - Availability

Current through Register Vol. 63, No. 7, July 1, 2024
The program funds are only for buildings and facilities for
				which ODOE accepted TA or ECM applications under the BPA/IBP in 1983. This
				limit does not apply to Idaho Power Company and CP National. All eligible
				buildings and facilities must be in the Oregon service area of the IOUs listed
				in OAR
				330-069-0075.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 69 - INVESTER OWNED UTILITY INSTITUTIONAL BUILDINGS PROGRAM › Section 330-069-0025 - Maximum Payment Levels

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 TAS: ODOE shall set the maximum payment to the owner for a TAS as the smaller
			 of:
(a) An amount equal to the actual cost of
			 the TAS; or
(b) An amount not to
			 exceed $0.0108 times the building's kWh/yr use at the time the EA is completed
			 or updated. ODOE reserves the right to question and adjust the cost of a TAS.
			 The actual payment will be set as per OAR
			 330-069-0085(2).
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 69 - INVESTER OWNED UTILITY INSTITUTIONAL BUILDINGS PROGRAM › Section 330-069-0030 - Obligated Measures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ODOE
			 shall contract with an owner for projects that comply with OAR
			 330-069-0085.
			 ODOE shall prepare and submit to each IOU a summary report for ECMs approved
			 under such contract.
(2) When the
			 owner and ODOE have signed a contract, the owner must complete the project no
			 later than the date set by the contract, or its amendment in accordance with
			 OAR
			 330-069-0060.
(3) When ODOE finds that the completed
			 project complies with OAR
			 330-069-0085,
			 ODOE shall request the funding IOU to pay the owner an amount not to exceed
			 that set in
			 330-069-0025.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 69 - INVESTER OWNED UTILITY INSTITUTIONAL BUILDINGS PROGRAM › Section 330-069-0035 - Payment Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ODOE
			 shall approve TAS and ECM payments according to OAR
			 330-069-0025  and
			 330-069-0085.
			 ODOE shall request the funding IOU to make payments.
(2) All payout of program funds shall be by
			 the IOU as per ODOE's approved requests.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 69 - INVESTER OWNED UTILITY INSTITUTIONAL BUILDINGS PROGRAM › Section 330-069-0040 - Other Sources of Payment

Current through Register Vol. 63, No. 7, July 1, 2024
ODOE shall not approve payment for a TAS or ECM funded by a
				cost sharing grant under the U.S. DOE/ICP.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 69 - INVESTER OWNED UTILITY INSTITUTIONAL BUILDINGS PROGRAM › Section 330-069-0045 - Program Records

Current through Register Vol. 63, No. 7, July 1, 2024
ODOE shall keep the following records about payment of program
				funds. ODOE shall make quarterly reports to the IOUs listed in OAR
				330-069-0075  and
				the OPUC. The reports shall cover the status of all funded projects and of all
				funds approved:
(1) For energy audits
			 (for buildings and occupied buildings only):
(a) O&M actions taken by the owner in a
			 building;
(b) Reason why the owner
			 did not take O&M actions in accord with OAR
			 330-069-0085(2)(b)(B).
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 69 - INVESTER OWNED UTILITY INSTITUTIONAL BUILDINGS PROGRAM › Section 330-069-0050 - Program Audits

Current through Register Vol. 63, No. 7, July 1, 2024
ODOE, the funding IOU and/or the OPUC, upon reasonable notice
				and at their expense, may:
(1) Audit
			 and inspect program records and accounts kept by the owner pursuant to these
			 rules;
(2) Request copies of such
			 program records and accounts for audit purposes;
(3) Conduct random inspections of ECMs done
			 under these rules. All such inspections shall be arranged in advance with the
			 owner; and
(4) Review methods by
			 which the owner complies with these rules.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 69 - INVESTER OWNED UTILITY INSTITUTIONAL BUILDINGS PROGRAM › Section 330-069-0055 - Indemnification

Current through Register Vol. 63, No. 7, July 1, 2024
The owner shall be an independent contractor in this
				program.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 69 - INVESTER OWNED UTILITY INSTITUTIONAL BUILDINGS PROGRAM › Section 330-069-0060 - Extension of Time for Obligated Measures

Current through Register Vol. 63, No. 7, July 1, 2024
The owner may request to extend the completion date of a
				project contracted in accord with OAR
				330-069-0030.
				A written request must be received by ODOE no less than 30 days before the
				completion date stated in the contract. The request shall include the new date
				to complete the project and the reason to extend the date. ODOE shall notify
				the owner in writing, if all or part of the request has been granted or denied.
				Requests for extension will be judged on a case by case basis. In no case will
				more than two extensions be granted for a single contract. In no case will an
				extension be granted that would prevent completion of the project in accord
				with OAR
				330-069-0015(20).
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 69 - INVESTER OWNED UTILITY INSTITUTIONAL BUILDINGS PROGRAM › Section 330-069-0065 - Termination of Obligated Measures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ODOE and/or the funding IOU, by written
			 notice of default to the owner, may terminate the contract and request that any
			 funds received be paid back. This also includes any obligations created in
			 accord with OAR
			 330-069-0030  if any measure is not completed within the time stated in the contract or any
			 amendment thereof.
(2) ODOE may
			 request the funding IOU to withhold payment from the owner for completed
			 services. Such amount will be that which ODOE deems necessary to protect the
			 IOU and ODOE against loss.
(3) The
			 rights and remedies of OPUC, the IOU and ODOE set forth in this section shall
			 not be exclusive. They are in addition to any other lawful rights and
			 remedies.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 69 - INVESTER OWNED UTILITY INSTITUTIONAL BUILDINGS PROGRAM › Section 330-069-0070 - Termination

Current through Register Vol. 63, No. 7, July 1, 2024
If the IOU has made progress payments for a project under OAR
				330-069-0025,
				and such project is not completed by the owner in accord with these rules, the
				owner shall be liable for excess costs paid by the funding IOU to complete such
				project. The owner shall be liable for refund to the IOU all or part of any
				payments received, as ODOE may decide.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 69 - INVESTER OWNED UTILITY INSTITUTIONAL BUILDINGS PROGRAM › Section 330-069-0075 - Operating Area

Current through Register Vol. 63, No. 7, July 1, 2024
ODOE shall run this program in the Oregon service areas of
				these IOUs:
(1) CP National;
(2) Idaho Power Company;
(3) Pacific Power and Light
			 Company;
(4) Portland General
			 Electric Company.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 69 - INVESTER OWNED UTILITY INSTITUTIONAL BUILDINGS PROGRAM › Section 330-069-0080 - Project Ranking Formula

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 TAS:
(a) ODOE shall rank TAS applications for
			 a building or occupied building by its potential for ECMs. Rank shall be set by
			 a point system based upon data in the EA;
(b) ODOE shall approve for funding qualified
			 TAS applications in rank order starting with the highest ranked
			 application.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 69 - INVESTER OWNED UTILITY INSTITUTIONAL BUILDINGS PROGRAM › Section 330-069-0090 - Amendments

Current through Register Vol. 63, No. 7, July 1, 2024
These rules may be amended from time to time as needed on
				agreement of the IOUs listed in OAR 330-069-0075, OPUC and
				ODOE.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  316.088