Current through Register Vol. 63, No. 9, September 1, 2024
(1) The PPFA shall be the sustainable energy
project manager for the investor-owned electric utility service territory, and
shall be the acting sustainable energy project manager in any other territory
that is not served by an existing sustainable energy project manager. The PPFA
and consumer-owned utilities are not subject to the requirements of this
section.
(2) Entities may apply to
be the sustainable energy project manager for a territory: where the 5-year
term of the sustainable energy project manager for that territory is within 1
year of expiry; or where the PPFA is the acting sustainable energy project
manager.
(3) Each entity applying
to be a sustainable energy project manager shall submit to the director the
following:
(a) Completed application on a form
approved by the director,
(b) Proof
of its status as a city, county, metropolitan service district, local
government, nonprofit, for-profit, tribal or state entity;
(c) Boundaries that are consistent with the
parameters established in ORS 330-112-0030 for the sustainable energy territory
of the proposed sustainable energy project manager;
(d) A proposed business plan that
demonstrates how the entity will provide the following services for the program
within the proposed sustainable energy territory:
(A) Promotion and outreach;
(B) Technical support;
(C) Financial support including loan
applicant support;
(D) Project
installation verification;
(E)
Monitoring of program effectiveness of energy efficiency and sustainable
technology loans;
(F) Cooperation
and coordination of outreach and promotional efforts with local utilities and
other stakeholders;
(G)
Coordination with gas utilities regarding any changes to a gas pipeline or the
installation of appliances used for space heating, water heating and compressed
natural gas refueling;
(H)
Coordination with electric utilities regarding electric charging or any changes
to electrical connections that are external to a structure;
(I) Referral of applicants with household
incomes that may qualify them for a weatherization program to the Housing and
Community Services Department;
(J)
Reporting of information on a monthly basis regarding:
(i) The total amount of energy efficiency and
sustainable technology loans issued;
(ii) The types of projects being funded by
the loans;
(iii) The characteristics
of the loan recipients; and
(iv) The
number of applications denied, and the reasons for denial;
(K) Maintenance of records that document the
receipt and disbursement of funds provided through the program;
(L) Maintenance of records that document both
approved and denied applications for loans; and
(M) Development of the underwriting criteria
used to determine loan eligibility.
(e) A detailed breakdown of the cost of
implementation of its business plan, in particular the elements of its business
plan listed in OAR 330-112-0020(3) (d) (A) through (D); and
(f) Background information about the
applicant including, but not limited to, the qualifications, relevant
experience, financial status and staff of the applicant.
(4) When reviewing an applicant, the director
may consider:
(a) The organizational
experience of the applicant and the capacity of the applicant to successfully
implement the energy efficiency and sustainable technology loan program goals
and requirements;
(b) The strength
of the applicant's proposed plan for implementing the goals and requirements of
the energy efficiency and sustainable technology loan program;
(c) The cost at which the applicant can
conduct outreach, promotion, loan applicant support and project verification
services necessary to implement the energy efficiency and sustainable
technology loan program;
(d) Any
fiduciary or other obligation of the applicant that creates an actual or
apparent conflict of interest that may interfere with achieving the goals of
the energy efficiency and sustainable technology loan program; and
(e) The approval of the utility or utilities
within whose service territory the applicant is requesting
certification.
(5) The
director may negotiate any feature of the applicant's proposed plan, or place
such conditions on the certification, as necessary to ensure that the applicant
will meet the goals and requirements of the energy efficiency and sustainable
technology loan program.
(6) The
director will notify an applicant in writing within no more than 90 days from
the day the completed application was received as to whether or not the
applicant is awarded the sustainable energy project manager position.
(7) The Department may request verification
that a sustainable energy project manager continues to meet the required
qualifications and provide the required services at any time.
(8) The director may terminate the
certification of a sustainable energy project manager for:
(a) Failure to adequately implement an
applicable energy efficiency and sustainable technology loan program
plan;
(b) Noncompliance with the
regulatory requirements established in OAR 330-112 or the statutory
requirements of the energy efficiency and sustainable technology loan program
established in the Act;
(c) Failure
to meet any sustainable energy project manager criteria established by the
director; or
(d) Failure to perform
other certification conditions. If the director terminates the certification of
a sustainable energy project manager, the PPFA shall become acting sustainable
energy project manager.
(9) The Department shall monitor reports to
determine compliance with program requirements, monitor fiscal patterns and
chart program progress. The Department may conduct a review of a sustainable
energy project manager, and this may include, but not be limited to, a review
of:
(a) Financial records of the sustainable
energy project manager;
(b) Loan
files;
(c) Work completed by the
sustainable energy project manager, including training and technical assistance
provided;
(d) Post-installation
inspections conducted by the sustainable energy project manager.
(10) Pilot program sustainable
energy project managers in consumer-owned utility service areas shall provide
information to the director, in a form approved by the director, to meet the
requirements of the Energy Efficiency and Sustainable Technology Act of
2009.
Stat. Auth.: ORS
470.500 - 47.0715, 2009 OL Ch.
753 & HB 3675 (2010)
Stats. Implemented: ORS
470.500 -
470.715, 2009 OL Ch. 753 &
HB 3675 (2010)
