Oregon Revised Statutes
As used in this chapter, unless the context requires otherwise: “Alternative fuel project” means: Equipment, including vehicles that are not used primarily for personal, family or household purposes, that is modified or acquired directly from a factory and that: Uses an alternative fuel including electricity, biofuel, gasohol with at least 20 percent dena…
The following may file with the State Department of Energy an application to obtain moneys for a small scale local energy project as provided in this chapter: An individual who is an Oregon resident; An Oregon business; A nonprofit or public cooperative; A nonprofit corporation; An eligible federal agency; An eligible state agency; A public corporatio…
The following records, communications and information furnished by or on behalf of the applicant under this chapter shall be confidential and maintained as such, if so requested in writing by the person providing the information: Personal financial statements; Financial statements of applicants; Customer lists; Information of an applicant pertaining to l…
The Director of the State Department of Energy shall appoint a Small Scale Local Energy Project Advisory Committee to review applications made under ORS 470.060 and rules adopted under ORS 470.080, other than applications for energy efficiency and sustainable technology loans, and make recommendations regarding those applications to the director. Nine membe…
After consultation with the Small Scale Local Energy Project Advisory Committee, the Director of the State Department of Energy shall establish by rule standards and criteria for small scale local energy projects to be funded under this chapter other than projects funded through energy efficiency and sustainable technology loans. The standards and criteria s…
No operative statutory text appears at this designation in the selected edition.
After consideration of the recommendation of the Small Scale Local Energy Project Advisory Committee or the State Department of Energy as provided by ORS 470.080, the Director of the State Department of Energy may approve or reject the financing of a small scale local energy project described in an application filed as provided in ORS 470.060, using moneys i…
If the Director of the State Department of Energy rejects a loan application or approves a loan amount different than that requested by the applicant, the applicant may request that the Small Scale Local Energy Project Advisory Committee review the director’s action. The committee may review the director’s action on its own motion or at the request of the a…
The Director of the State Department of Energy may accept gifts of money or other property from any source, given for the purposes of ORS 470.050 to 470.120, 470.140 and 470.150 to 470.210. Money so received shall be paid into the Small Scale Local Energy Project Loan Fund. Money or other property so received shall be used for the purposes for which received…
If the applicant receives from any source other than the Small Scale Local Energy Project Loan Fund, the Energy Project Supplemental Fund or the Energy Project Bond Loan Fund any moneys to assist in the development of the project, the amount of the loan to the applicant from the Small Scale Local Energy Project Loan Fund, Energy Project Supplemental Fund or …
All moneys in the Small Scale Local Energy Project Loan Fund created by Article XI-J of the Oregon Constitution are appropriated continuously to the State Department of Energy and shall be used for the purposes authorized under this chapter.
The duties of the Director of the Oregon Department of Administrative Services to establish, maintain and keep accounts of, and make disbursements or transfers out of, the funds and accounts established or identified in the two bond indentures, as supplemented, dated June 1, 1981, and September 1, 1985, that relate to the Small Scale Local Energy Project Loa…
In accordance with the applicable provisions of ORS chapter 183, the Director of the State Department of Energy may adopt rules considered necessary to carry out the purposes of this chapter.
The State Department of Energy shall develop, implement and periodically update a marketing plan to inform potential applicants of the availability of small scale local energy project loans. The first priority of the marketing plan shall be to inform individuals and small businesses that small scale local energy project loans are available. (Loans and Repay…
Except as provided in ORS 470.155 and 470.170, if the Director of the State Department of Energy approves the financing of a small scale local energy project, the director, on behalf of the state, and the applicant may enter into a loan contract, secured by a first lien or by other good and sufficient collateral in the manner provided in ORS 470.155 to 470.2…
A loan contract with an eligible state agency for a small scale local energy project may be made in the form of an intergovernmental agreement under ORS chapter 190. The agreement shall set forth, among other matters, that: The small scale local energy project shall be security for the loan. The applicant pledges to request each biennium during the term of…
If the Director of the State Department of Energy approves a loan for a small scale local energy project, the State Treasurer shall pay moneys for such project from the Small Scale Local Energy Project Loan Fund or Energy Project Bond Loan Fund in accordance with the terms of the loan contract, as prescribed by the director.
Except as otherwise provided in this subsection, when a loan is made under this chapter to an applicant other than a municipal corporation, the loan shall be secured pursuant to a mortgage, trust deed, security agreement, pledge, assignment or similar instrument, by a security interest or lien on real or personal property in the full amount of the loan or as…
In addition to any other remedy available to the State Department of Energy, if a municipal corporation entitled by law to share in the apportionment of any state revenues or funds defaults on any payments due to the State of Oregon under a loan contract entered into under ORS 470.150, the State Department of Energy may certify that fact to the Oregon Depart…
If an applicant fails to comply with a contract entered into with the Director of the State Department of Energy for development and repayment as provided in ORS 470.150 or 470.645, the director, in addition to remedies provided in ORS 470.170 and 470.180, may seek other appropriate legal remedies to secure the loan and may contract as provided in ORS 470.15…
If any small scale local energy project is refinanced or an additional grant or loan intended to finance the project development is obtained from other sources after the execution of the loan from the state, all such funds shall be used to repay the state unless the Director of the State Department of Energy finds that repayment of the state from the additio…
Notwithstanding any other provision of law, a municipal corporation may enter into a loan contract with the State Department of Energy to finance a small scale local energy project. In order to finance a small scale local energy project, the Director of the State Department of Energy, on behalf of the state and in lieu of entering into a loan contract under…
In order to provide funds for the purposes specified in Article XI-J of the Oregon Constitution, bonds may be issued as provided in ORS 470.220 to 470.290.
The State Treasurer shall issue bonds described in ORS 470.220 to 470.290 in accordance with the applicable provisions of ORS chapter 286A.
Except as provided in ORS 470.270, all moneys obtained from the sale of general obligation bonds under ORS 470.220 to 470.290 and Article XI-J of the Oregon Constitution shall be credited by the State Treasurer to the Small Scale Local Energy Project Loan Fund. Those moneys shall be used only for the purposes stated in Article XI-J of the Oregon Constitution…
All general obligation bonds issued under ORS 470.220 to 470.290 and Article XI-J of the Oregon Constitution shall contain a direct promise of the State of Oregon to pay the principal amount of the bonds, plus any accrued interest and any redemption premium. The principal of and the interest and redemption premium, if any, upon the bonds, when due, shall be …
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
After consultation with the State Treasurer, the Director of the State Department of Energy may issue general obligation refunding bonds for the purpose of refunding outstanding bonds issued under ORS 470.220 to 470.290 and Article XI-J of the Oregon Constitution. The refunding bonds may be sold in the same manner as other bonds are sold under ORS 470.220 to…
The State Treasurer shall make payment of the principal of and the interest and redemption premium, if any, on any general obligation bond issued under ORS 470.220 to 470.290 from the Small Scale Local Energy Project Administration and Bond Sinking Fund. The State Treasurer shall compute and determine in January of each year, after the sale of bonds under O…
No bonds shall be issued or sold under ORS 470.220 to 470.290 nor indebtedness incurred thereunder, which singly, or in the aggregate with previous debts or liabilities incurred for small scale local energy projects, shall exceed any limitation provided in the Oregon Constitution at the date of the issuance and sale of such bonds. If the maximum aggregate pr…
There hereby is created the Small Scale Local Energy Project Administration and Bond Sinking Fund, separate and distinct from the General Fund, to provide for payment of: Administrative expenses of the State Department of Energy and the Director of the State Department of Energy in processing applications, investigating potential small scale local energy pr…
If there are insufficient funds in the Small Scale Local Energy Project Administration and Bond Sinking Fund to make the payments referred to in ORS 470.300 (1), the Director of the State Department of Energy may request the funds necessary for such payments from the Legislative Assembly or the Emergency Board. When the director determines that moneys in su…
The Director of the State Department of Energy shall administer the energy efficiency and sustainable technology loan program for the purpose of providing financing, promotion and technical support to encourage significant investments in energy efficiency, renewable energy and energy conservation. The goals of the loan program are to: Provide capital at th…
Notwithstanding any other provision of this chapter, if the Director of the State Department of Energy determines that the State Department of Energy is unable to issue a sufficient number of energy efficiency and sustainable technology loans to offset the reasonable cost to the department of operating the loan program, the director may delay or suspend the …
Except as provided in subsection (3) of this section, the State Department of Energy may enter into contracts for the issuance of energy efficiency and sustainable technology loans. Except as provided in ORS 470.700, the department shall finance the loans using moneys from the Small Scale Local Energy Project Loan Fund, the Energy Project Supplemental Fund o…
The Public Utility Commission may adopt rules for carrying out the duties, functions and powers of the commission and the Public Purpose Fund Administrator under ORS 470.500 to 470.710.
The State Department of Energy may contract for persons to perform the duties of the department under ORS 470.500 to 470.710 including, but not limited to, the development of standardized base efficiency packages and standardized optional packages, energy efficiency and sustainable technology loan evaluation, processing and collection. A loan processed by a …
The State Department of Energy shall send a quarterly report to the Small Scale Local Energy Project Advisory Committee. The report shall include, but need not be limited to, a summary of: The total amount of energy efficiency and sustainable technology loans issued; The types of projects being funded by the loans; and The characteristics of loan recipien…
Except as provided in subsection (5) of this section, the Director of the State Department of Energy may establish qualifications for sustainable energy project managers and may exercise oversight to ensure compliance with those qualifications. A sustainable energy project manager shall provide the promotion, technical and financial support and verifications…
The Director of the State Department of Energy shall initiate the certification process for a sustainable energy project manager by publishing a request for proposals. An applicant for certification as a sustainable energy project manager shall submit information to the director that includes: Background information about the applicant including, but not l…
Upon selecting a proposed sustainable energy project manager, the Director of the State Department of Energy shall notify all unsuccessful applicants for the position that another candidate is proposed for appointment. The director shall negotiate with the proposed sustainable energy project manager regarding any modifications to the service cost estimates o…
A person that believes a decision of the Director of the State Department of Energy to certify a sustainable energy project manager is inconsistent with applicable rules or statutes may file a request to appeal with the Small Scale Local Energy Project Advisory Committee. Unless the request for appeal is filed by a nonprofit entity, the request must be accom…
Unless the sustainable energy project manager is the Public Purpose Fund Administrator or a consumer-owned utility, the certification of a sustainable energy project manager shall be for a five-year term. The Director of the State Department of Energy shall issue the sustainable energy project manager a certification approval letter that states any condition…
The Public Purpose Fund Administrator shall be the sustainable energy project manager for investor-owned electric utilities. The Public Purpose Fund Administrator shall inform the Public Utility Commission and the State Department of Energy of the activities of the administrator by filing a yearly action plan and an end-of-year report with the commission and…
The State Department of Energy shall adopt rules establishing certification standards for primary contractors participating in the construction of small scale local energy projects financed through the energy efficiency and sustainable technology loan program. The department shall design the standards to ensure that the project work performed by a primary co…
At the request of a loan applicant, a primary contractor that is authorized to participate in the construction of small scale local energy projects financed through the energy efficiency and sustainable technology loan program may conduct an energy savings projection or similar evaluation for a property and conduct post-project verifications of energy saving…
The Energy Project Supplemental Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Energy Project Supplemental Fund shall be credited to the Energy Project Supplemental Fund. The Energy Project Supplemental Fund shall consist of any moneys received for purposes of the energy efficiency and sustaina…
The Jobs, Energy and Schools Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Jobs, Energy and Schools Fund shall be credited to the Jobs, Energy and Schools Fund. Moneys in the fund are continuously appropriated to the State Department of Energy for use as provided in this section. The fund shal…
The Energy Project Bond Loan Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Energy Project Bond Loan Fund shall be credited to the fund. The fund shall consist of: Net proceeds from the issuance of revenue bonds under ORS 470.610 that are deposited to the fund; Moneys from project initiation …
The Energy Revenue Bond Repayment Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Energy Revenue Bond Repayment Fund shall be credited to the fund. Moneys in the fund may be invested as provided in ORS 293.701 to 293.857. Moneys in the fund are continuously appropriated to the State Department of…
The State Department of Energy may request proposals for and select one or more financial managers for the energy efficiency and sustainable technology loan program. The function of a financial manager is: To assist in energy efficiency and sustainable technology loan program development; To cooperate with federal and state agencies and public and private …
Private utilities and other private entities may invest capital with an energy efficiency and sustainable technology loan program financial manager for use in carrying out the loan program. The Public Utility Commission may establish a reasonable rate of return that a financial manager may pay to a utility investing capital under this section. In establishin…
To achieve the energy efficiency and sustainable technology loan program goals described in ORS 470.500, the Director of the State Department of Energy may enter into agreements to disburse supplemental capital funds through the Small Scale Local Energy Project Loan Fund and the Energy Project Supplemental Fund if: The director estimates that interest rates…
Subject to the approval of the Director of the State Department of Energy, a local government, public utility or other legally organized entity may direct moneys to the Energy Project Supplemental Fund or Jobs, Energy and Schools Fund for use within a limited geographic area of this state as a source of capital for financing energy efficiency and sustainable…
The State Treasurer, at the request of the Director of the State Department of Energy, from time to time may issue and sell revenue bonds in the name of and on behalf of the State of Oregon in compliance with the applicable provisions of ORS chapter 286A in the principal amount necessary to carry out the purposes of ORS 470.500 to 470.710, or for paying or r…
Revenue bonds issued under ORS 470.610 do not constitute a debt, liability or general obligation of this state or any political subdivision of this state or a pledge of the faith and credit of this state or any political subdivision of this state, but shall be payable solely from the revenues, moneys and other assets of the Energy Project Bond Loan Fund and …
The bonds issued by the State Treasurer under ORS 470.610 and the energy revenue bond declaration may: Pledge all or any part of the fees received by the State Department of Energy under ORS 470.655 and all or any part of the moneys received in payment of energy efficiency and sustainable technology loans and small scale local energy program loans that are …
The State Department of Energy may disburse energy efficiency and sustainable technology loan and small scale local energy program loan moneys by providing the loan moneys through a sustainable energy project manager or providing the loan moneys to or through an entity described in ORS 470.060. Loan moneys may be disbursed through a sustainable energy projec…
The State Department of Energy may not complete an agreement for the issuance of an energy efficiency and sustainable technology loan unless the sustainable energy project manager, a primary contractor designated by the sustainable energy project manager or a person approved by the department completes an energy savings projection or similar evaluation for t…
Except as provided in subsection (2) of this section, the amount of an energy efficiency and sustainable technology loan may not exceed $40,000 for residential dwellings served by a single meter of the utility that is to provide on-bill financing. The loan limit described in this subsection does not apply to other buildings such as multifamily housing and mi…
An application for an energy efficiency and sustainable technology loan must contain: Information sufficient to identify real or personal property located within this state against which a fixture filing and lien may be filed under ORS 470.680 or 470.685 to secure the loan and sufficient to allow verification that the property owner is the applicant or has …
If an applicant for a loan to construct a residential small scale local energy project has household income that may qualify the person for a weatherization program operated by the Housing and Community Services Department, the sustainable energy project manager shall refer the applicant to the department. This subsection does not prohibit a sustainable ener…
Except as provided in ORS 470.650, an applicant for an energy efficiency and sustainable technology loan approved by the State Department of Energy shall pay the department a project initiation fee. Upon request of the loan applicant, the department may add all or part of a project initiation fee to the principal of an issued loan. The department may establi…
All investor-owned utilities, except those that have withheld consent under ORS 470.510 (3), shall provide on-bill financing, except as described in subsection (4) of this section. After an investor-owned utility has established an on-bill financing system, an energy efficiency and sustainable technology loan shall be repaid by on-bill financing unless the l…
If a consumer-owned utility has established an on-bill financing system, an energy efficiency and sustainable technology loan shall be repaid by on-bill financing unless the loan agreement specifies that the State Department of Energy and the borrower have agreed to an alternative method for ensuring repayment of the loan. Unless the Director of the State D…
If a customer is served by both an electric utility and a gas utility that both have an on-bill financing system, a loan repaid through on-bill financing shall be repaid through the on-bill financing system of the utility that supplies the customer’s primary source of heat for the property.
If a utility incurs reasonable costs in implementing an on-bill financing system that exceed any moneys received by the utility to assist in the implementation, the costs are legitimate costs for ratemaking purposes. A loan repayment charge for an energy efficiency and sustainable technology loan may include, but need not be limited to, the amount of the lo…
Subject to ORS 470.170, the State Department of Energy may identify forms of acceptable security for energy efficiency and sustainable technology loans that the department determines will achieve the goals and requirements of the energy efficiency and sustainable technology loan program and that provide adequate security for repayment of the loans. For loan…
The State Department of Energy or a sustainable energy project manager may act on behalf of the Director of the State Department of Energy for the purpose of recording a lien in favor of the director as required by ORS 470.170 (3) against property benefited by an energy efficiency and sustainable technology loan. A lien described in this section attaches to…
A person that acquired an interest in a property in good faith and for a valuable consideration before the date a lien described in ORS 470.680 or 470.685 attached to the property under ORS 470.170 may avoid foreclosure of the lien by paying any delinquencies and collection costs associated with the underlying loan repayment charge and assuming normal paymen…
A person entering into an agreement to sell, rent, lease or otherwise confer a right in the person’s real property that is benefited by an energy efficiency and sustainable technology loan for which a loan repayment charge or other repayment obligation applies or for which a fixture filing, lien or other form of security exists shall, prior to any party sign…
The State Department of Energy may use loan offset grant moneys for any of the following if, in the absence of the grant moneys, a utility customer would incur higher overall monthly costs when energy costs and small scale local energy project costs are considered: Offsetting the cost of an approved small scale local energy project. Reducing the loan repay…
The State Department of Energy shall collaborate with the State Workforce and Talent Development Board and other interested parties to identify opportunities for apprenticeship and for job training and development that would further the goals of ORS 470.500 to 470.710 and provide valuable skills to Oregon workers. In adopting any rules for carrying out appr…
The cost of adopting rules under ORS 470.140 to carry out ORS 470.500 to 470.710: May be paid from the Jobs, Energy and Schools Fund or Energy Project Bond Loan Fund; or May be paid from the Small Scale Local Energy Project Administration and Bond Sinking Fund created under ORS 470.300 if the Director of the State Department of Energy and the State Treasur…
All investor-owned utilities and consumer-owned utilities that have customers enrolled in energy efficiency and sustainable technology loan programs shall, at the request of the Director of the State Department of Energy, provide the director with the following information in aggregated form regarding the loans: Repayment performance; Default rates; Energ…
The Clean Energy Deployment Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Clean Energy Deployment Fund shall be credited to the Clean Energy Deployment Fund. Moneys in the fund are continuously appropriated to the State Department of Energy for use as provided in ORS 470.810. The department ma…
The Renewable Energy Development Subaccount is established in the Clean Energy Deployment Fund established in ORS 470.800. Interest earned by the Renewable Energy Development Subaccount shall be credited to the subaccount. Moneys in the fund are continuously appropriated to the State Department of Energy for purposes related to renewable energy development. …
The State Department of Energy shall establish the clean energy deployment program to provide grants and loans to support energy efficiency or clean energy projects in this state. The department shall establish criteria for qualifications of the projects by rule. The department may use funds from the Jobs, Energy and Schools Fund and the Clean Energy Deploy…
School districts that participate in the clean energy deployment program established in ORS 470.810 may finance projects to: Weatherize, upgrade and retrofit kindergarten through grade 12 public schools; Retrofit school bus fleets to operate on compressed natural gas or other alternative fuels such as propane or to operate with high-efficiency types of eng…
As used in ORS 470.825 to 470.840: “Community renewable energy project” means one or more renewable energy systems, storage systems, microgrids or energy-related infrastructures that promote energy resilience, increase renewable energy generation or renewable energy storage capacity and provide a direct benefit to a particular community in the form of incre…
The Community Renewable Investment Program is established for the purpose of: Offsetting the cost of planning and developing community renewable energy projects; Making community renewable energy projects economically feasible for qualifying communities; Promoting small-scale renewable energy projects; and Providing direct benefits to communities across …
A performance agreement for planning a community renewable energy project entered into between the State Department of Energy and an applicant under ORS 470.830 (9) must provide, at a minimum: A grant in an amount described in paragraph (b) of this subsection that covers up to 100 percent of the reasonable planning costs including, but not limited to, costs…
The Director of the State Department of Energy may appoint an Advisory Committee on Community Renewable Investment to provide consultation on the implementation of ORS 470.825 to 470.840. A committee appointed under this section shall consist of: A member of the Environmental Justice Council; A representative of Business Oregon; A representative of electr…
The Community Renewable Investment Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Community Renewable Investment Fund shall be credited to the fund. The fund consists of: Moneys appropriated or otherwise transferred to the fund by the Legislative Assembly; Moneys received from federal, state o…