Oregon Administrative Code

330-067-0020 Definitions (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 t…

330-067-0023 Program for Technical and Program Assistance 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 pro…

330-067-0025 Administration of Grants (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 grant…

330-067-0030 Recordkeeping 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 don…

330-067-0035 Cancellation of Grants 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 …

330-067-0045 TA Programs for Schools and Hospitals (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 …

330-067-0055 Requests for TA Grants 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) Compl…

330-067-0060 Applicant Certifications 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 ap…

330-067-0067 Grant Applications for State Program for Technical and Program Assistance (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…

330-067-0070 Grantee Records and Reports (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) …

330-067-0075 State Evaluation of TA Grant Requests 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 an…

330-067-0080 State Review of TA Grant Requests (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 o…

330-067-0090 State Liaison, Monitoring and Reporting 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 applic…

330-067-0100 TA Grant Awards (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…

330-067-0110 State Plan Amendments (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’…

330-068-0005 Purpose 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 …

330-068-0010 Definitions (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 me…

330-068-0015 Availability 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. Statutory/Other Authority: ORS 183 & 469 Statutes/Other Implemented: ORS 469 History: DOE 3-1985, f. &…

330-068-0020 Program Procedures (1) Energy auditor training: The Department shall provide to representatives of institutions (except for facilities other than buildings), energy auditor training or orientation which meets guidelines and standards provided by Bonneville. The Depar…

330-068-0025 Obligated Measures (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 grou…

330-068-0030 Payment Procedures 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 w…

330-068-0035 Limitation of Program Funds 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 a…

330-068-0040 Other Sources of Payment The Department shall not pay for measures funded by a cost sharing grant under the U.S. Department of Energy Institutional Buildings Grants Program. Statutory/Other Authority: ORS 183 & 469 Statutes/Other Implemented: ORS 469 History: DOE 3-1…

330-068-0045 Retroactive Payment (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 t…

330-068-0050 Program Records 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 im…

330-068-0055 Program Audits 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 au…

330-068-0060 Indemnification The institution shall be an independent contractor in the implementation of this Program. Statutory/Other Authority: ORS 183 & 469 Statutes/Other Implemented: ORS 469 History: DOE 3-1985, f. & ef. 3-20-85 DOE 5-1984, f. & ef. 4-3-84 DOE 11-1982, f. & …

330-068-0065 Extension of Time for Obligated Measures 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 p…

330-068-0070 Termination of Obligated Measures (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 t…

330-068-0075 Termination 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 i…

330-068-0080 Operating Area 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 Associa…

330-068-0085 Project Ranking Formula (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 Depa…

330-068-0090 Payment Levels (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…

330-069-0005 Purpose 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 governm…

330-069-0010 Compliance with Other Rules, Regulations, Codes and Standards 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 appli…

330-069-0015 Definitions (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 e…

330-069-0020 Availability 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 Orego…

330-069-0025 Maximum Payment Levels (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 u…

330-069-0030 Obligated Measures (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 mu…

330-069-0035 Payment Procedures (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. Statutory/Other Au…

330-069-0040 Other Sources of Payment ODOE shall not approve payment for a TAS or ECM funded by a cost sharing grant under the U.S. DOE/ICP. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 5-1985, f. & ef. 6-17-85

330-069-0045 Program Records 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 e…

330-069-0050 Program Audits 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 pur…

330-069-0055 Indemnification The owner shall be an independent contractor in this program. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469 History: DOE 5-1985, f. & ef. 6-17-85

330-069-0060 Extension of Time for Obligated Measures 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. Th…

330-069-0065 Termination of Obligated Measures (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 an…

330-069-0070 Termination 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 s…

330-069-0075 Operating Area 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. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: …

330-069-0080 Project Ranking Formula (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 o…

330-069-0085 Program Procedures ODOE shall run the program for the IOUs listed in OAR 330-069-0075. ODOE will provide information and monitor the program to insure the program is in accord with these rules: (1) Energy audit (EA). ODOE shall give owners a list of ODOE certified en…