Oregon Statutes 470.635 – Requirement for energy savings projection; form of projection; use of certified primary contractors
(1) 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 the property that will benefit from the small scale local energy project. The projection or other evaluation shall be in writing and shall, at a minimum, identify the following:
Terms Used In Oregon Statutes 470.635
- Applicant: means an applicant for a loan to construct a small scale local energy project. See Oregon Statutes 470.050
- Base efficiency package: means the package of energy efficiency upgrades or renewable energy projects for a property that, when energy savings, project repayment costs, tax or other incentives, loan offset grants and other relevant economic factors are considered, is estimated to not increase the utility bill of the customer over the loan repayment term. See Oregon Statutes 470.050
- Energy efficiency and sustainable technology loan: means a loan for a small scale local energy project that is repayable by means of:
(a) A charge included with the participant's utility customer account billing; or
(b) An alternative repayment method identified by the department and the borrower and specified in the loan agreement. See Oregon Statutes 470.050
- Energy savings projection: means an examination of the energy performance and site characteristics of a property that, at a minimum, identifies:
(a) A base efficiency package; and
(b) Any additional optional measures that a customer is able to repay and that the sustainable energy project manager believes to be feasible for the site. See Oregon Statutes 470.050
- Lien: A claim against real or personal property in satisfaction of a debt.
- Loan: includes the purchase or other acquisition of evidence of indebtedness and money used for the purchase or other acquisition of evidence of indebtedness. See Oregon Statutes 470.050
- Optional package: means measures for promoting energy efficiency or the use of renewable energy:
(a) That are in addition to the measures described in the customer's base efficiency package;
(b) For which a customer has the ability to repay; and
(c) That the sustainable energy project manager believes to be feasible for the site. See Oregon Statutes 470.050
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Primary contractor: means a contractor that:
(a) Has entered into a contract with an owner of property for which a proposed small scale local energy project will be located;
(b) Is responsible for the completion of the small scale local energy project;
(c) Undertakes to complete the small scale local energy project; and
(d) Is responsible for any subcontractors performing work on the small scale local energy project. See Oregon Statutes 470.050
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Small scale local energy project: means any of the following:
(a) A system, mechanism or series of mechanisms located primarily in Oregon that directly or indirectly uses or enables the use of, by the applicant or another person, renewable resources including, but not limited to, solar, wind, geothermal, biomass, waste heat or water resources to produce energy, including heat, electricity and substitute fuels, to meet a local community or regional energy need in this state. See Oregon Statutes 470.050
- Sustainable energy project manager: means the organization responsible for promoting the energy efficiency and sustainable technology loan program or the clean energy deployment program and related incentives for energy efficiency and renewable energy at the neighborhood and community level. See Oregon Statutes 470.050
(a) The recommended base efficiency package for the structure. A base energy package may include improvements to existing supply lines and equipment.
(b) Any optional package recommended for the structure.
(c) The estimated net monthly cost to the applicant when energy savings, project repayment costs, tax or other incentives, loan offset grants, base efficiency package fees and other relevant economic factors are considered.
(d) The monthly cost to the applicant to repay the loan principal and finance charges.
(e) If the base efficiency package or recommended optional package includes the use of nontraditional technology, a description of the nontraditional technology.
(2) A base efficiency package or optional package may not provide for achieving energy efficiency upgrades through the use of appliances or other equipment that lack sufficient relationship to the structure to be subject to a fixture filing or real property lien.
(3) The projection or other evaluation shall state in a clear and conspicuous manner:
(a) That the estimated net monthly cost to the applicant contained in the projection or other evaluation does not represent a guarantee of project performance or results; and
(b) That no liability attaches to the department, any state agency or officer, the sustainable energy project managers or any utility if actual energy savings are less than the estimated savings or if the construction process or constructed project is unsatisfactory in any way.
(4) If the base efficiency package or recommended optional package includes the use of nontraditional technology, the projection or other evaluation shall include a statement that the technology is nontraditional, initialed by the prospective loan applicant.
(5) An energy efficiency and sustainable technology loan may be used only for a project constructed by a primary contractor certified under ORS § 701.119.
(6) Prior to the disbursement of the loan moneys to the primary contractor, a sustainable energy project manager or other person approved by the department shall verify that the small scale local energy project has been completed in a manner consistent with energy efficiency and sustainable technology loan program requirements. If this state or any agency of this state adopts or recognizes an energy efficiency scoring system for buildings, the department may require that the verification described in this subsection include the determination of an energy efficiency score for the property benefited by the project.
(7) The department shall periodically consult with primary contractors certified under ORS § 701.119 for the purpose of updating average cost and projected savings figures used for energy savings projections or other evaluations under this section. The department shall encourage the use of methods for conducting energy savings projections or other evaluations under this section that are cost-effective and time-effective, take advantage of economies of scale and produce results that are accurate and are replicable for equivalent base energy packages. [2009 c.753 § 27; 2010 c.92 § 3; 2013 c.8 § 3]