Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 200 - RENEWABLE ENERGY DEVELOPMENT GRANTS › Section 330-200-0080 - Performance Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  The department may offer a performance agreement to the
				applicant if it determines that the renewable energy production system is
				technically feasible and capable of operating in accordance with the
				representations made by the applicant. The offer will include a copy of the
				performance agreement and a deadline for acceptance.
(2)  The performance agreement will be based on information
				provided by the applicant.
(3)  The grant provided for in the performance agreement may not
				exceed 35 percent of the cost of the project and may not exceed $250,000 per
				system.
(4)  The department will reduce the amount of grant awarded to
				an applicant if, when combined with other government incentives or grants
				available to the applicant, the total amount of incentives and grants exceeds
				75 percent of the total system cost. The department will not include loans or
				loan guarantees in this calculation.
(5)  The department may offer a grant that is less than the
				amount requested in the application, pursuant to statute and applicable
				rules.
(6)  Applicants will have 30 calendar days from the date of the
				notice to accept the performance agreement. An applicant's failure to accept
				the offer of a performance agreement by the deadline may cause rejection of the
				renewable energy development grant application.
(7)  In place of applicants who do not enter into a performance
				agreement within 30 calendar days of the department's offer, the department may
				select alternative applicants from the supplemental list, in order of their
				ranking. Selected applicants will have to complete a technical review.
(8)  The performance agreement must include the following terms
				and may include additional terms.
(a)  The maximum amount of the renewable energy development
				grant and the entity to which funds will be disbursed.
(b)  A listing of the documentation that the grantee must
				provide to the department prior to the disbursement of grant funds including,
				but not limited to:
(A)  An account of system costs.
(B)  Proof that the owner or owners of the system location are
				current on their property taxes for that location, if appropriate.
(c)  The amount by which the department may reduce the grant
				amount in response to changes in actual system cost.
(d)  The maximum duration of the performance agreement.
(e)  The requirement that the grantee install or construct the
				renewable energy production system substantially as described in the renewable
				energy development grant application.
(f)  The requirement that installation or construction of the
				system begin within 12 months after the date that the performance agreement is
				signed by all parties. The performance agreement must include details of the
				work that must be completed within 12 months to meet this standard. If
				construction does not begin within 12 months, the performance agreement and
				grant are void. The Department shall waive the requirement that construction
				begin within 12 months if the Department finds that:
(A)  Construction was delayed because of supply chain or
				workforce disruptions or shortages related to the COVID-19 pandemic; and
(B)  Construction began between March 1, 2020, and March 31,
				2022.
(g)  The requirement that the grantee be the owner, contract
				purchaser or lessee of the system at the time of installation or construction
				of the system.
(h)  The requirement that the system be located in
				Oregon.
(i)  The requirement that the grantee make periodic reports to
				the department on the status of the system during system development and during
				installation or construction of the system.
(j)  The requirement that the applicant obtain all applicable
				licenses, permits or other authorizations that are required within the
				jurisdiction of the system and must comply with applicable federal, state and
				local laws and regulations.
(k)  The requirement that the grantee allow the department to
				inspect the system or its proposed location at any time during construction to
				verify compliance with the performance agreement. The department will schedule
				inspections during normal working hours, following reasonable notice to the
				applicant.
(l)  The terms under which the performance agreement may be
				transferred, upon notification and agreement of the department.
(m)  Reporting requirements during the first five-years of
				system operation, including information on jobs, quantity of energy produced
				annually and other information outlined in the performance agreement.
(n)  A provision allowing the performance agreement to be
				terminated for reasons stated in the agreement and subject to terms described
				in the agreement.
(o)  A provision that if the director determines that the
				applicant has violated the provisions of the performance agreement or ORS
				469B.250 to 469B.265, the applicant will be liable to the department for up to
				100 percent of grant moneys disbursed to the applicant.