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