Current through Register Vol. 63, No. 9, September 1, 2024
(1) A federally recognized Oregon Indian
tribe, public body or consumer-owned utility may apply for a grant for
developing a community renewable energy project by submitting a complete grant
application. The application must meet requirements provided by applicable
statutes, these rules and the applicable opportunity announcement.
(a) An applicant may partner with a federally
recognized Oregon Indian tribe, public body, nonprofit entity, private business
with a business site in this state or owner of rental property in this state,
but a grant for an approved application will only be awarded and released to an
applicant that is a federally recognized Oregon Indian tribe, public body or
consumer-owned utility.
(b) An
application must be drafted in consultation with electric utilities that have
customers in the communities covered by a community renewable energy project
that is in the application and regional stakeholders for the purpose of
ensuring feasibility.
(c) An
applicant must apply for a grant before starting installation or construction
of a renewable energy system included in the application.
(2) The application must be in the form
specified in the opportunity announcement and these rules.
(a) An applicant must submit a complete
application during the opportunity period. For the purposes of this rule, the
department considers an application "submitted" when the department receives
the application. The department will not process applications received outside
of an opportunity period.
(b) The
department will not accept amendments to applications during the opportunity
period. An applicant may withdraw an application and submit a replacement
application during the opportunity period.
(3) The application must include the
following information:
(a) Identification of
applicant and partners:
(A) The name of the
applicant.
(B) The name, address,
email address and telephone number of the responsible party for the
applicant.
(C) The names of any
partners to the application, which may include a federally recognized Oregon
Indian tribe, public body, nonprofit entity, private business with a business
site in this state or owner of rental property in this state.
(D) For any partner that is a private
business, documentation that the partner owns a business site(s) that is
located in this state.
(E) For any
partner that is an owner of rental property, documentation that the partner
owns rental property(ies) that is located in this state.
(b) Evidence of consultation with the
following entities:
(A) Written authorization
from the applicant's governing body allowing submission of the
application.
(B) Confirmation that
the applicant consulted with the electric utility or utilities, as applicable.
Applicants are encouraged to include information from the electric
utility(-ies) that may assist the department in evaluating the feasibility of
the proposed project, including a high-level assessment of the impacts of the
proposed project on existing utility infrastructure and the estimated costs for
interconnection of the proposed project. Confirmation may include:
(i) A letter from the electric utility(-ies)
serving the communities covered by a community renewable energy project;
or
(ii) other evidence that the
applicant has consulted the electric utility(-ies).
(C) For any partner that is a public body,
written authorization from the partner's governing body allowing submission of
the application.
(c) A
description of the applicant's consultation with regional stakeholders,
community groups and any additional community engagement process as part of
developing the project development grant application.
(d) The following information about any
renewable energy systems that are part of the proposed community renewable
energy project:
(A) A detailed description of
the project's systems and the systems' operation, including major system
components, such as renewable energy generation, energy storage, electric
vehicle charging systems, and microgrid enabling technologies. If the community
renewable energy project will add capacity to or be paired with an existing
renewable energy system, for example pairing energy storage and/or microgrid
enabling technologies with an existing solar photovoltaic array, the applicant
must include a description of the existing renewable energy system.
(B) If the project is for generating
renewable energy:
(i) Nameplate
capacity;
(ii) The projected amount
of net energy the system will generate, in kWh per year; and
(iii) A resource assessment demonstrating
adequate resource supply for the proposed system operations. The resource
assessment must describe the type of resource available, explain how the
applicant evaluated the resource and describe how the system will access the
resource.
(C) If the
project is for energy storage:
(i) Technical
specifications including manufacturer's information for the selected technology
and all major system equipment including but not limited to batteries,
inverters and controls;
(ii)
Nameplate power capacity in Watts;
(iii) Nameplate energy capacity in
kWh;
(iv) Proposed operational use
cases for the storage system including emergency backup power, providing grid
services, demand reduction, arbitrage or any other planned uses.
(D) The proposed location of the
project and an assessment of the suitability of the site;
(E) Technical specifications including
manufacturer's information for the selected technology and all major system
equipment;
(F) A description of the
operation of the system, including information that demonstrates the system
will operate for at least five years;
(G) A statement of compliance with applicable
state and local regulations and that the applicant will notify the appropriate
agencies and obtain required licenses and permits; and
(H) If applicable, a detailed description of
how the community renewable energy project will support the energy resilience
of structures or facilities essential to the public welfare.
(e) The following information
relating to the grant amount:
(A) The
anticipated total project cost, which must be documented by providing a list of
itemized costs, which the applicant shall designate as either eligible or
non-eligible for the grant. The department shall review project costs for
eligibility.
(B) The amount of
local, state, or federal incentives, whether anticipated or received, directly
related to the renewable energy system(s).
(C) The amount of grant requested by the
applicant.
(f) The
following information relating to project planning:
(A) A description of the applicant's
installation or construction financing plan.
(B) A project management plan that contains
the following elements:
(i) A detailed project
schedule with major milestones during development, construction and operation,
including the target construction start date and target operational date of the
system.
(ii) A description of how
the applicant will manage installation and construction, verification of system
construction and start-up, and operations and maintenance requirements. If the
applicant has developed a commissioning plan, the application must describe the
plan.
(g) A
detailed description or other documentation of the extent to which the
community renewable energy project will be located in and will serve one or
more qualifying communities.
(h)
Information on the number and types of jobs directly connected to the awarding
of the grant that will be:
(A) Created by the
project; and
(B) Sustained
throughout construction, installation and operation of the project.
(i) A description of how the
community renewable energy project will integrate with broader community energy
and environmental goals.
(j)
Additional information as needed to demonstrate that the community renewable
energy project(s) meets the requirements under Oregon Laws 2021, chapter 508,
section 30(4)(b), which is reproduced in section (4) of this rule;
and
(k) Any other information the
director considers necessary to determine whether the project complies with
these rules and Oregon Laws 2021, chapter 508, sections 29 to 32.
(4) In order to be considered for
a project development grant, the applicant must demonstrate in the application,
as required under Oregon Laws 2021, chapter 508, section 30(4)(b), that the
project(s) included in the application:
(a) Is
located in this state but outside a city with a population of 500,000 or
more;
(b) Will begin construction
within 12 months of execution of the performance agreement and be completed
within 36 months of execution of the performance agreement or a reasonable time
frame if good cause to extend the deadline is demonstrated;
(c) Results in increased community energy
resilience, local jobs, economic development or direct energy cost savings to
families and small businesses;
(d)
Complies with applicable state and local laws and regulations and has the
required licenses and permits;
(e)
Does not exceed 20 megawatts of nameplate capacity, if the project is for
generating renewable energy; and
(f) Will operate for at least five
years.
(5) In approving
applications and awarding grant moneys, the department is directed under Oregon
Laws 2021, chapter 508, section 30(10) to prioritize applications that meet the
following criteria when awarding grant funds. Applicants are encouraged to
submit documentation describing the extent to which the proposal in the
application:
(a) Includes community energy
resilience projects.
(b)
Demonstrates significant prior investments in energy efficiency measures at the
project location or will result in aggregate improvements to demand response
capabilities.
(c) Is for projects
located in qualifying communities across the state.
(d) When applicable, is for projects
constructed in part or in whole by disadvantaged business enterprises, emerging
small businesses or businesses that are owned by minorities, women or disabled
veterans.
(e) Includes inclusive
hiring and promotion policies for workers working on the projects.
(f) Incorporates equity metrics in OAR
330-250-0160 for evaluating the involvement of and leadership by people of low
income, Black, Indigenous or People of Color, members of tribal communities,
people with disabilities, youth, people from rural communities and people from
otherwise disadvantaged communities in the siting, planning, designing or
evaluating of the proposed community renewable energy projects.
(g) Helps the applicant achieve goals
included in the applicant's natural hazard mitigation plans as approved by the
Federal Emergency Management Agency.
Statutory/Other Authority: ORS
469.040 & Oregon Laws 2021, chapter 508 (House Bill 2021)
Statutes/Other Implemented: Oregon Laws 2021, chapter 508
(House Bill 2021)