Oregon Administrative Code

330-092-0055 Appeals (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…

330-092-0070 Mailing List 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. Statutory/Other Authority…

330-100-0000 Notification of Rulemaking Activities 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…

330-100-0005 Model Rules of Procedure 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. [ED. NOT…

330-105-0005 Definitions 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 loa…

330-105-0007 Committee Officers and Their Powers 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 off…

330-105-0008 Committee Meetings (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 …

330-105-0015 Committee Review (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 recommenda…

330-105-0020 Oral Comments (1) The Committee may choose whether to hear comment on any matter before it. (2) The Department will inform applicants, in writing, of the date, time, and place of any Committee meeting set to hear their requests. (3) The Committee may set time limits …

330-105-0025 Committee's Advice to the Director After its review, the Committee will inform the Director in writing: (1) Whether the project complies with OAR 330-110; and (2) The recommended amount and terms or conditions for the loan. Statutory/Other Authority: ORS 469 & 470.14…

330-105-0030 Procedure for Appeal Introduction The Director will decide the amount of any loan. If the decision is adverse, the Committee may appeal to the Governor. Statutory/Other Authority: ORS 469 & 470.140 Statutes/Other Implemented: ORS 470.090 - 470.100 History: DOE 7-2004…

330-105-0035 Notice of Adverse Decision The Secretary will give prompt notice of any adverse decision and the reasons for such decision. Notice will be sent to the applicant and Committee members. Statutory/Other Authority: ORS 469 & 470 Statutes/Other Implemented: ORS 470.090 Hi…

330-105-0040 Appeal to the Committee An applicant may ask the Committee to review an adverse decision. The request must be made in writing to the Secretary within 10 working days after the date of the notice of the Director's decision. It must give the grounds for review in detai…

330-105-0045 Appeal to the Governor (1) The Committee may decide by majority vote to appeal an adverse decision to the Governor. The appeal must be made within the time allowed by law. The appeal may include a copy of the application, the staff findings and recommendations, the n…

330-110-0005 Purpose, Statutory Authorization, Policy (1) The purpose of these rules is to provide procedures for the Small Scale Local Energy Loan Program and standards and criteria for projects to be met by applicants. These rules are authorized by ORS 469.040, 470.080 and 470.…

330-110-0010 Definitions As used in ORS Chapter 470 and in these rules, the following definitions apply: (1) "Adequate security" means the pledge of real or personal property given to secure a loan against loss or credit enhancement, guaranty or other security of value authorized…

330-110-0012 Small Scale Local Energy Project Advisory Committee Appointments, Term and Term Limit, Renewal, Member Removal (1) Committee Appointment Process. As committee vacancies arise, the department will issue a committee member opening announcement. (a) Applicants must comp…

330-110-0015 Eligible Costs Subject to these rules, a loan may be approved to pay for: (1) The cost of buying, building and installing a project; (2) Audit, study, commissioning and design costs; and (3) Reserves, interest, staff training and site preparation costs. Statutory/Oth…

330-110-0016 Ineligible Costs (1) Loans funded from proceeds of tax-exempt bonds may not pay capital costs incurred prior to bond issuance unless the Department has adopted a reimbursement resolution declaring an intent to reimburse capital costs that are paid after or no more th…

330-110-0025 Application (1) The Department may provide an initial review and advise whether a project appears to qualify for loan financing by the program. The Department's advice, however, does not constitute a loan approval or any other binding commitment. The Department requi…

330-110-0030 Application Review Process (1) In reviewing an application for financing by the program, the Department may require an applicant to submit further documentation to determine whether a loan should be made. If the Department fails to receive any items requested of the …

330-110-0035 Findings by the Director (1) To approve an application for a loan, the Director must make the following findings: (a) The project is consistent with preservation and enhancement of the environment. Factors may include whether the project saves conventional fuel, make…

330-110-0036 Public Health, Safety, and Environmental Issues (1) The policy of the Department is: (a) To accept the findings of local, state and federal agencies that license or permit projects to be built or run; and (b) To avoid influencing any of those agencies to approve or d…

330-110-0040 Loan Limits, Security, and Conditions (1) The Director may limit the term and amount of any loan or loan approval. The Director may deny any application or set such terms and conditions in regard to any loan or loan approval as needed to assure a sound loan or to pro…

330-110-0042 Bond Refunding (1) The Department must pursue opportunities to refund bonds to reduce interest sums paid by the Department. (a) When the Department refunds a bond with tax-exempt bonds, the Department must share, on an equitable basis, the savings from any refunding …

330-110-0045 Waiver, Authority of Administrator The Director: (1) May, in writing, waive any of these rules. The waiver must serve the aims of the program, not cause financial damage to the program, and not conflict with ORS Chapter 470. (2) May contract with regulated financial …

330-110-0046 Loan Amendments The Department may amend the terms of a loan in accordance with OAR 330-110-0046. (1) Amendments may include but are not limited to amending the interest rate or payment amount in accordance with a bond refunding, changing payment dates or extending m…

330-110-0047 Loan Forbearance The Department may consider forbearance on a loan, but will only consider forbearance if the borrower is current on its loan payments and is in compliance with the terms of its loan documents. (1) If a borrower is requesting forbearance for its loan,…

330-110-0048 Delinquent Accounts Delinquent loans will be managed in accordance with ORS 470.170 and subject to the Department’s collection procedures, including but not limited to: (a) written demand, (b) collection of late fees, (c) acceleration of the amount due, (d) action ag…

330-110-0055 Fees and Charges Pursuant to ORS 470.060, an applicant will pay the Department for costs to review, process and service a request for a loan. Applicants will pay the following fees and charges: (1) A non-refundable application fee as fixed by ORS 470.060. "Applicatio…

330-112-0000 Purpose and Objectives These rules carry out provisions of ORS Chapter 470 as they pertain to the administration by the Oregon Department of Energy of the Energy Efficiency and Sustainable Technology Act of 2009. Oregon Administrative Rule, chapter 330, division 112 …

330-112-0010 Definitions As used in ORS Chapter 470 and in Oregon Administrative Rule, Chapter 330, Division 112, the following terms have the definitions set forth below unless the context requires otherwise: (1) “Act” means ORS 470.500 through 470.715. (2) “Base efficiency pack…

330-112-0020 Sustainable Energy Project Managers (1) The PPFA shall be the sustainable energy project manager for the investor-owned electric utility service territory, and shall be the acting sustainable energy project manager in any other territory that is not served by an exis…

330-112-0030 Sustainable EnergyTerritories (1) The boundaries for sustainable energy territories shall comply with ORS 470.530(3) (a), (b), and (c) and ORS 470.555 (2) Territory boundaries may be set by the director as necessary to accomplish the goals of the program. Statutory/O…

330-112-0040 Form of Loan Assistance (1) The Department may make loans to eligible entities under the terms of written commitments. (2) Loans shall be made with proceeds from bonds issued pursuant to ORS 470.610 or other available funds obtained by the Department. The Department …

330-112-0050 Loan Evaluation, Processing and Collection (1) Projects and EEAST loans may be processed through a sustainable energy project manager. The PPFA and consumer-owned utilities that participate in the EEAST program will be the initial sustainable energy project managers …

330-112-0060 Certification Standards for Contractors These standards apply to contractors participating in the construction of projects financed through the program, but not including home energy savings projections. Contractors must obtain certification under ORS 701.119 from th…

330-112-0070 Standards for Contractors during Pilot Programs Contractors without certification may work on projects under pilot programs if no certified contractor is available, and the PPFA or sustainable energy project manager has approved the contractor. The contractor must pa…

330-112-0080 Energy Savings Projections Proposed measures shall be ranked in order of energy cost savings per dollar of measure cost before incentives, with less effective measures including in their energy savings calculations any reductions in energy use available from more eff…

330-112-0090 Base Efficiency Package and Optional Packages Content (1) The base efficiency package and any recommended optional packages for a property shall be compiled from the results of an energy savings projection as defined in ORS 470.050(3); 470.050(13). (2) All energy sav…

330-112-0100 Fees Project Initiation Fee The department hereby establishes the project initiation fee for all EEAST loans at three percent of the application loan amount. Statutory/Other Authority: ORS 470.500 - 47.0715, 2009 OL Ch. 753 & HB 3675 (2010) Statutes/Other Implemented…

330-118-0000 Purpose OAR 330-118-0000 through 330-118-0090 allows state agencies to retain and spend 50 percent of the net savings from energy projects pursuant to ORS 469.752 to 469.756. Statutory/Other Authority: ORS 469.752 - 469.756 Statutes/Other Implemented: ORS 469.752 - 4…

330-118-0010 Definitions As used in Chapter 487, Oregon Laws 1991 and in these rules, the following terms shall have the following definitions, unless the context clearly indicates otherwise: (1) “Baseline Energy Budget” means the expenditure limitation amount budgeted for energy…

330-118-0020 Project Eligibility (1) Eligible projects include, but are not limited to, the following: (a) Projects which improve efficiency or attain high efficiency of energy use through energy system or process changes, equipment replacement, or waste heat recovery; (b) Projec…

330-118-0025 Project Notice (1) Whenever an agency proposes to undertake a project under ORS 469.754 the state agency shall provide a notice to the Department and to the gas and electric utilities which serve the state facility where the project is domiciled and to a mailing list…

330-118-0030 Right of First Refusal (1) To exercise their right to first negotiate and right of first refusal the electric and gas utilities which serve the project’s domicile must submit a proposal in response to an agency’s procurement solicitation. (2) A state agency shall pro…

330-118-0040 Selection of Project Vendors and Participants (1) Agencies shall undertake competitive procurements for projects. The agency’s applicable rules and regulations for competitive procurement and confidentiality shall apply along with additional authorities vested in he …

330-118-0050 Negotiating Agreement The agency is authorized to enter into such contractual and other arrangements as may be necessary or convenient to design, develop, operate and finance a project at state-owned or state-rented facilities. Utilities may be vendors. The procedure…

330-118-0055 Disposition of Steam and Electricity (1) An agency is not obligated to sell any or all of a project’s energy, power, steam, or any other energy form. (2) If an electric or gas utility which serves the project’s domicile has responded according to OAR 330-118-0030(3) …

330-118-0060 Budget Not Cut The net savings shall not be deducted from the agency’s budget throughout the savings period, as long as the project produces savings. When preparing its biennial budget request the agency may use the baseline energy budget. This amount may be adjusted…