Oregon Administrative Code

330-118-0070 Retaining Fifty Percent of Net Savings A state agency that implements a project in accordance with this rule may retain 50 percent of the net savings and maintain its baseline energy budget by: (1) Prior to implementation of the project, the agency shall submit to th…

330-118-0080 Use of Savings A state agency shall spend the 50 percent of net savings to increase productivity through: Energy efficiency projects; high-tech improvements, such as the purchase or installation of new desk-top or lap-top computers or the linkage of computers into sy…

330-118-0090 Agreements with the Department for Technical Assistance (1) The agency may request an assessment of energy and power marketing opportunities, energy audit and/or engineering study through the Department’s Small Scale Energy Loan Program. (2) The agency may submit wri…

330-125-0005 Purpose (1) These rules describe how the Oregon Department of Energy will select persons or businesses who will receive incentives for building electrically-heated residences that meet model energy efficiency standards. The incentives will be offered by the Departmen…

330-125-0010 Definitions (1) “Appendix J”: 1983 Northwest Conservation and Electric Power Plan, Volume 2, Appendix J (with errata), adopted pursuant to the Pacific Northwest Electric Power Planning and Conservation Act of 1980 (Public Law 96-501), April 27, 1983, by the Northwest…

330-125-0020 General Eligibility Requirements (1) A home buyer or a home builder may apply for participation in the program; however, the cash incentive will be paid to the home builder and contract awarding the incentive can be signed only by the home builder. (2) An applicant m…

330-125-0022 Home Builder Eligibility Requirements (1) A home builder must demonstrate to the Department: (a) That he or she has built at least three residences since January 1, 1979; or (b) That he or she has done at least $250,000 gross business in building construction since J…

330-125-0025 General Limitations (1) Only one incentive will be granted for each residential unit. (2) The total cost of a single-family residential unit, excluding land costs, on-site and off-site improvements, may not exceed $120,000. (3) No person or company may receive an inc…

330-125-0030 Guidelines for Selection (1) The Department will announce the first date that applications will be evaluated for selection. Qualified applicants will be given a preference on a “first-in-time” basis. First-in-time is determined by the date of the postmark on the enve…

330-125-0035 Application Procedures (1) An applicant shall submit an application on forms prescribed by the Department. The application shall: (a) Estimate the total cost of each proposed residential unit; (b) State the gross floor area of each proposed residential unit; (c) Stat…

330-125-0040 Incentive Contract (1) Parties selected to receive an incentive must sign a contract with the Department concerning compliance with RSD Program design, siting, construction, reporting, and monitoring requirements and return the contract to the Department within 30 da…

330-125-0045 Compliance with Land Use Laws Any party receiving an incentive shall agree to comply with all local land use ordinances and building codes and to obtain all necessary permits for construction of a residence. A portion or all of the incentive payment may be withheld u…

330-130-0010 Purpose These rules prescribe procedures to promote the design, construction and renovation of highly energy efficient buildings owned and operated by state agencies by: (1) Minimizing energy use by incorporating the Optimum Energy Conservation Measures Package as de…

330-130-0020 Definitions (1) "Agency" means the authorized state agency, board, commission, department or division which has the authority to enter contracts, finance the construction, purchase, renovation, or leasing of buildings or other structures for use by the State of Orego…

330-130-0030 Notification When the building class has been determined during the pre-design or programming phase of a building project, the following procedures shall be followed: (1) Class 1 Buildings. The agency shall notify the department of a building project prior to the rel…

330-130-0040 Procedures for Class 1 Buildings (1) The SEED process follows typical design process steps as the organizing principle. If the project does not fit the suggested steps, an alternative plan may be developed between the department and the agency. (2) Meetings in this s…

330-130-0050 Procedures for Class 2 Buildings (1) Role of the agency. (a) The agency must notify the department of Class 2 projects. (b) The agency shall determine that the design incorporates all reasonable cost-effective ECMs. ECMs or ECM packages with a Simple Payback shorter …

330-130-0055 Procedure for Leased Buildings The department, in consultation with the agencies, shall establish guidelines for incorporating energy efficiency requirements into lease agreements of 10 years or more to be phased in as current leases expire or as agencies enter into …

330-130-0060 Service Charges Charges to the agency by the department for services shall be as follows: (1) Class 1 Buildings: (a) The charges by the department to the agency will be based on an hourly rate for the actual hours worked on the project. Hourly rates charged by the de…

330-130-0070 Department Administrative Procedures (1) The department shall provide information and administer the program to ensure the program is in accordance with these rules. (2) Under special circumstances, the director may waive certain requirements under these rules, provi…

330-130-0080 Procedures for Monitoring the Reduction in Energy Use by State Agencies (1) Annual energy use per square foot shall be tracked for all state owned buildings over 5,000 square feet with an annual energy use exceeding 10,000 Btus/square foot/year. The department may ex…

330-130-0090 Pre-qualification for persons performing Energy Analysis and Energy Savings Performance Contracting Services (1) The department shall establish criteria to prequalify persons or firms to execute the provisions of the SEED program rules. Agencies must only select pers…

330-130-0100 Pre-qualification for persons performing Energy Commissioning, Auditing, and Performance Verification Services (1) The department shall establish criteria to pre-qualify persons or firms to execute the provisions of this bill. Agencies may select persons or firms tha…

330-130-0500 Use of Fuel Cell Power Systems (1) This rule establishes the criteria for agencies to use when comparing fuel cell power systems to other equipment options as required by ORS 276.910. (2) State agencies who are constructing or renovating a Class 1 building with an id…

330-135-0010 Purpose The purpose of these rules is to establish procedures to administer ORS 279C.527 through 279C.528 and Oregon Laws 2019 chapter 160 (HB 2496), which require a contracting agency to include an appropriate green energy technology, or if green energy technology i…

330-135-0015 Definitions For the purpose of this division, the following definitions apply: (1) "Baseline building” means a building that complies with the minimum requirements of the energy code, using either the prescriptive or performance pathways as specified in the energy co…

330-135-0018 Requirement for Inclusion of Green Energy Technology (1) Except as provided in OAR 330-135-0040, contracting agencies must spend an amount equal to at least 1.5 percent of the total contract price of a subject public building project, as defined in OAR 330-135-0020, …

330-135-0020 Subject Building Projects (1) These rules apply to any permanent building(s) which will be owned, partially owned or controlled by a contracting agency and which is either: (a) Used for conducting public business; or (b) Used or occupied by employees of the contracti…

330-135-0025 Eligible Contract Price (1) The 1.5 percent to be spent on green energy technology, energy use efficiency, or woody biomass energy technology must be based on the total contract price. (2) The total contract price must not be reduced by federal, state, or other incen…

330-135-0030 Green Energy Technology Performance Requirements (1) Solar electric (photovoltaic), solar water heating, solar pool heating, and active solar space heating systems are to be installed in locations that have a total solar resource fraction (TSRF) of 75 percent or grea…

330-135-0031 Energy Use Efficiency Performance Requirements (1)(a) A contracting agency may only expend any portion of the amount required under ORS 279C.520(2)(b) on energy use efficiency improvements if the available area-weighted average total solar resource fraction (TSRF) at…

330-135-0032 Woody Biomass Energy Technology Performance Requirements (1) The woody biomass energy technology must be used for space or water heating or as a combined heat and power system. (2) The woody biomass boiler must have a lower heating value combustion efficiency rating …

330-135-0035 Eligible Green Energy Technology Costs (1) For photovoltaic systems, eligible costs include the photovoltaic modules, racking system, mounting structure and hardware, modifications to the building structure specifically to accommodate the solar energy system, associa…

330-135-0036 Eligible Energy Use Efficiency Costs For energy use efficiency improvements, eligible costs include only those incremental costs that are directly associated with achievement of the energy use efficiency performance requirements in section 330-135-0031. Only the addi…

330-135-0037 Eligible Woody Biomass Energy Technology Costs (1) For space or water heating, eligible costs include the cost of the boiler, associated piping, boiler controls, fuel storage bins, fuel delivery system from the storage tank, piping, heat exchangers, de-ashing equipme…

330-135-0040 Alternative Financing (1) Alternative financing arrangements to allow leveraging of federal, state, utility and other incentives, including but not limited to, lease-purchase agreements, power purchase agreements or energy savings performance contracts qualify under …

330-135-0045 Determination Whether Green Energy Technology is Appropriate (1) The contracting agency must make a written determination whether constructing green energy technology is appropriate or whether energy use efficiency or woody biomass energy technology at the site of th…

330-135-0050 Requirements for Construction that is Away from the Site of the Public Building (1) If a contracting agency intends to install green energy technology, energy use efficiency or woody biomass energy technology away from the site of the public building, the contracting…

330-135-0051 Requirements for Deferral of Expenditures (1) If a contracting agency determines, in accordance with OAR 330-135-0045, that it is not appropriate to install green energy technology, energy use efficiency, or woody biomass energy technology at the public building site…

330-135-0052 Requirements for Technical Review (1) The director will appoint a permanent technical panel with members serving terms of up to three years. The technical panel will include, but not be limited to, the following membership: (a) A chair from the Oregon Department of E…

330-135-0055 Requirement to Report on Green Energy Technology (1) A contracting agency must make a written determination by entering information about its public building project into the ODOE 1.5 Percent for Green Energy Technology database after it makes its final determination…

330-135-0060 Outreach to Public Bodies The department will conduct outreach to public bodies at least once per year to help inform them of the requirement in ORS 279C.527 through 279C.528 and Oregon Laws 2019 chapter 160 (HB 2496) to spend at least 1.5 percent of the total contra…

330-140-0010 Scope and Applicability of These Rules (1) The rules contained in this division include the criteria and procedures by which a large retail electricity consumer with a site located within the State of Oregon, using more than one average megawatt the prior year (8,760…

330-140-0020 Definitions as Used in This Division (1) "Above-market costs of new renewable energy resources" means the portion of the net present value cost of producing power (including fixed and operating costs, delivery, overhead and profit) from a new renewable energy resourc…

330-140-0030 Eligibility as a Self-Directing Consumer (1) Large electricity consumers may apply in writing to the Oregon Department of Energy to qualify to self-direct either a portion of their public purpose charges and/or a portion of the amount the consumer is charged in rates…

330-140-0040 Pre-certification of New Cost-effective Energy Efficiency Projects (1) Only a large electricity consumer approved as an eligible self-direct program participant by the Oregon Department of Energy is eligible to submit an application for pre-certification of a cost-ef…

330-140-0050 Pre-certification of New Renewable Resource Purchase (1) Only a large electricity consumer approved as an eligible self-direct program participant by the Oregon Department of Energy is eligible to submit an application for pre-certification of the above-market costs …

330-140-0055 Pre-certification of Investments in Distribution System-Connected Technologies (1) Only a large electricity consumer approved as an eligible self-direct program participant by the Oregon Department of Energy is eligible to submit an application for pre-certification …

330-140-0060 Certification of Qualifying Expenditure for New Cost-effective Energy Efficiency Projects (1) Once the project has been completed and is operational, and the costs, or portion of the costs identified in the pre-certification as a component eligible for certification …

330-140-0070 Certification of Qualifying Expenditure for New Renewable Resources (1) Large electricity consumers whose above market costs of new renewable energy resource purchases have received pre-certification from the Oregon Department of Energy are eligible to apply for cert…