Oregon Statutes 470.300 – Small Scale Local Energy Project Administration and Bond Sinking Fund; uses; sources
(1) 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:
Terms Used In Oregon Statutes 470.300
- Applicant: means an applicant for a loan to construct a small scale local energy project. See Oregon Statutes 470.050
- Contract: A legal written agreement that becomes binding when signed.
- Director: means the Director of the State Department of Energy appointed under ORS § 469. See Oregon Statutes 470.050
- 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
- Small scale local energy program loan: means a loan for a small scale local energy project other than an energy efficiency and sustainable technology loan. See Oregon Statutes 470.050
- 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
- Small Scale Local Energy Project Loan Fund: means the loan fund created by Article XI-J of the Oregon Constitution and appropriated to the State Department of Energy under ORS § 470. See Oregon Statutes 470.050
(a) 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 projects and proposed loans and servicing and collecting outstanding loans made from the Small Scale Local Energy Project Loan Fund, if the expense is not paid directly by the applicant.
(b) Administrative expenses of the State Treasurer in carrying out the duties, functions and powers imposed upon the State Treasurer by this chapter.
(c) Principal, interest and redemption premium, if any, of all bonds issued pursuant to the provisions of ORS § 470.220 to 470.290 and Article XI-J of the Oregon Constitution.
(d) Net investment earnings on any funds loaned to municipal corporations but withheld as provided in ORS § 470.230.
(e) Costs of issuing the bonds and of obtaining credit enhancement for the bonds.
(2) The fund created by subsection (1) of this section shall consist of:
(a) Application fees required by ORS § 470.060, unless the department requires the applicant to pay the fee directly for a cost incurred in connection with the application.
(b) Repayment of moneys loaned to applicants from the Small Scale Local Energy Project Loan Fund, including interest on such moneys.
(c) Such moneys as may be appropriated to the fund by the Legislative Assembly.
(d) Moneys obtained from the sale of refunding bonds under ORS § 470.220 to 470.290 and any accrued interest on such bonds.
(e) Moneys received from ad valorem taxes levied pursuant to Article XI-J of the Oregon Constitution, and all moneys that the Legislative Assembly may provide in lieu of such taxes.
(f) Interest earned on cash balances invested by the State Treasurer.
(g) Moneys transferred from the loan fund.
(h) Gifts, grants, donations or other moneys for promoting small scale local energy program loan purposes and goals.
(3) The director, with the approval of the State Treasurer, may transfer moneys from the sinking fund to the loan fund if:
(a) A cash flow projection shows that, for the term of the bonds outstanding at the time the director transfers the moneys, remaining moneys in the sinking fund, together with expected loan contract payments and fund earnings, will improve the financial basis of the program and will continue to be adequate to pay bond principal, interest, redemption premiums, if any, and administration costs; and
(b) The transfer will not create the need for issuance of any bonds.
(4) The director, with the approval of the State Treasurer, may establish separate and distinct accounts within the sinking fund to accomplish the purpose of this section. [1979 c.672 § 26; 1981 c.50 § 8; 1983 c.188 § 6; 1985 c.805 § 4; 1987 c.365 § 6; 1993 c.496 § 6; 2003 c.186 § 73; 2005 c.201 § 13; 2009 c.753 § 72]