ORS Chapter 470

Chapter 470 — SmallScale Local Energy Projects

2009 EDITION

SMALLSCALE LOCAL ENERGY PROJECTS

PUBLICHEALTH AND SAFETY

DEFINITIONS

470.050 Definitions

SMALLSCALE LOCAL ENERGY LOAN PROGRAM

(GeneralProvisions)

470.060 Applicationfor financing; content; fee

470.065 Confidentialityof information provided by or on behalf of applicant

470.070 SmallScale Local Energy Project Advisory Committee

470.080 Standardsfor small scale local energy projects; rules; review of applications; referralto committee; committee criteria

470.090 Approvalor rejection of project financing by director; certification of amount of loan;findings; notice

470.100 Committeereview of rejection or approval in different amount; committee appeal toGovernor; finality of Governor’s action

470.110 Giftscredited to Small Scale Local Energy Project Loan Fund

470.120 Limiton loan to amount not funded by other sources

470.130 Appropriationof Small Scale Local Energy Project Loan Fund

470.135 Administrationof small scale local energy project loan program funds and accounts

470.140 Rulemakingauthority; biennial report

470.145 StateDepartment of Energy to develop marketing plan

(Loansand Repayment)

470.150 Loancontract; security; content

470.155 Loancontract in form of intergovernmental agreement; provisions

470.160 Paymentfrom loan funds

470.170 Securityfor loan

470.180 Withholdingof state funds due to municipal corporation that defaults on loan

470.190 Remedies

470.200 Refinancingof project; use of funds

470.210 Municipalcorporation may enter into loan contract; purchase of municipal corporation’sgeneral or revenue obligation

(Bonds)

470.220 Issuanceof bonds

470.225 Procedurefor bond issuance

470.230 Bondproceeds credited to Small Scale Local Energy Project Loan Fund; use of funds

470.240 Generalobligation bonds to include promise to pay principal amount

470.270 Generalobligation refunding bonds

470.280 Generalobligation bond repayment from sinking fund

470.290 Bondindebtedness limited to constitutional limit

470.300 SmallScale Local Energy Project Administration and Bond Sinking Fund; uses; sources

470.310 Procedureif sinking fund inadequate

ENERGYEFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM

(LoanProgram Administration)

470.500 Goals

470.505 Delayor suspension of program

470.510 StateDepartment of Energy may enter contracts for loan issuance; financing of loans;consent of utility

470.515 Rules

470.520 StateDepartment of Energy may contract for performance of duties

470.525 Quarterlyreport

(ProjectManagers)

470.530 Qualifications;duties; certification program; sustainable energy territories

470.535 Applicationsfor certification as project manager; selection factors

470.540 StateDepartment of Energy to notify unsuccessful applicants; timetable forcertification of project manager

470.545 Appealof certification decision; fee

470.550 Termof certification of project manager; certification approval letter; conditionsfor termination of certification

470.555 Investor-ownedelectric utilities and consumer-owned utilities as project managers; contractwith qualified third parties; coordination

(Contractors)

470.560 Rules;certification standards; provision for preferred service providers

470.565 Loanapplicant request for energy savings projection; processing of loanapplications

(Funds)

470.570 EnergyProject Supplemental Fund; sources; uses

470.575 LoanOffset Grant Fund; sources; uses

470.580 EnergyProject Bond Loan Fund; sources; uses

470.585 EnergyRevenue Bond Repayment Fund; uses

(FinancialManagers)

470.590 Proposals;selection

470.595 Investmentwith financial manager; rate of return

(SupplementalCapital Funds)

470.600 StateDepartment of Energy may enter agreements to disburse supplemental capitalfunds; conditions

(LocalGovernments)

470.605 Localgovernments may direct moneys to certain funds to finance loans; accounting ofmoneys

(Bonds)

470.610 Issuanceof bonds; written declaration of State Department of Energy

470.615 Paymentof bonds

470.620 Bondpledges; trustees

(ProgramLoans)

470.630 Formof disbursement; conditions for issuance

470.635 Requirementfor energy savings projection; form of projection; use of certified contractors

470.640 Amountof loans

470.645 Applicationfor loan; contents

470.650 Residentialsmall scale local energy projects; weatherization program

(Fees)

470.655 Projectinitiation fee; rules

(On-BillFinancing)

470.660 Investor-ownedutilities; requirements of system; rules; waiver

470.665 Consumer-ownedutilities; requirements of system; rules; waiver

470.670 Repaymentrequirement for customer served by electric utility and gas utility

470.675 Costeligibility for ratemaking purposes; loan repayment charges; change in propertyownership benefited by loan

(Repaymentand Liens)

470.680 StateDepartment of Energy to identify forms of acceptable security

470.685 Recordingliens; foreclosure of liens; attorney fees and costs

470.690 Avoidanceof foreclosure

470.695 Saleof real property; notice of loan repayment charge required

(LoanOffset Grants)

470.700 Useof loan offset grant moneys; alternate mechanisms

(Miscellaneous)

470.710 Apprenticeshipand job training

470.715 Costsof adopting rules

(Temporaryprovisions relating to pilot programs, on-bill financing and delay of energyefficiency and sustainable technology loan program are compiled as notesfollowing ORS 470.715)

DEFINITIONS

470.050Definitions.As used in this chapter, unless the context requires otherwise:

(1)“Alternative fuel project” means:

(a)Equipment, including vehicles that are not used primarily for personal, familyor household purposes, that is modified or acquired directly from a factory andthat:

(A)Uses an alternative fuel including electricity, biofuel, gasohol with at least20 percent denatured alcohol content, hydrogen, hythane, methane, methanol,natural gas, propane or any other fuel approved by the Director of the StateDepartment of Energy; and

(B)Produces lower exhaust emissions or is more energy efficient than equivalentequipment fueled by gasoline or diesel; and

(b)A facility, including a fueling station, or equipment necessary to producealternative fuel or operate equipment that uses an alternative fuel.

(2)“Applicant” means an applicant for a loan to construct a small scale localenergy project.

(3)“Base efficiency package” means the package of energy efficiency upgrades orrenewable energy projects for a property that, when ene