Oregon Administrative Rules
Chapter 330 - DEPARTMENT OF ENERGY
Division 135 - 1.5 PERCENT FOR GREEN ENERGY TECHNOLOGY IN PUBLIC BUILDING CONSTRUCTION CONTRACTS
Section 330-135-0052 - Requirements for Technical Review

(1) The director will appoint a permanent technical panel with members serving terms of up to three years. The technical panel will include, but not be limited to, the following membership:

(2) A contracting agency that intends to construct green energy technology, energy use efficiency, or woody biomass energy technology away from the public building site must submit to the department a request for technical review of its determination that green energy technology, energy use efficiency, or woody biomass energy technology constructed away from the site is appropriate and meets the requirements of ORS 279C.527(3)(a) and (b) as amended by Oregon Laws 2019 chapter 160 (HB 2496). The contracting agency must provide supporting documentation for review.

(3) A contracting agency that intends to construct a combination of green energy technology and energy use efficiency, in accordance with OAR 330-135-0031(1)(b) must submit to the department a request for technical review of its determination that this is appropriate and meets the requirements of these rules. The contracting agency must provide supporting documentation for review.

(4) A contracting agency that intends to defer expenditure of 1.5 percent of the total contract price to a future building project must submit to the department a request for technical review of its determination that green energy technology, energy use efficiency, or woody biomass energy technology is not appropriate at the public building site or that green energy technology, energy use efficiency, or woody biomass energy technology is not appropriate away from the public building site. The contracting agency must provide supporting documentation for review.

(5) Within two weeks of receiving the contracting agency's request for technical review and supporting documentation, the department will forward the request along with the supporting documentation to the technical review panel. The department will request supplemental information from the contracting agency if needed by the technical review panel to make its recommendation.

(6) Within 60 days of receiving the department's request for technical review, the technical review panel will provide its recommendation to the department, and the department will convey the recommendation to the contracting agency.

(7) After receiving the technical review panel's recommendation, the contracting agency must make a final determination about whether installing green energy technology, energy use efficiency, or woody biomass energy technology is appropriate at the public building site or that green energy technology, energy use efficiency, or woody biomass energy technology is appropriate away from the public building site. The contracting agency must enter its final determination and the technical panel's recommendation into the ODOE 1.5 Percent for Green Energy Technology database described in OAR 330-135-0055.