Oregon Administrative Rules
Chapter 330 - DEPARTMENT OF ENERGY
Division 68 - INSTITUTIONAL BUILDINGS PROGRAM
Section 330-068-0020 - Program Procedures
Universal Citation: OR Admin Rules 330-068-0020
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Energy auditor training: The Department shall provide to representatives of institutions (except for facilities other than buildings), energy auditor training or orientation which meets guidelines and standards provided by Bonneville. The Department shall certify individuals as energy auditors in accordance with procedures approved by Bonneville.
(2) Energy audit: The Department shall provide, at no direct cost to an institution, a list of energy auditors and model forms for use in conducting energy audits (for buildings and occupied buildings only).
(3) Technical assistance studies (TAS):
(a) The Department
shall solicit, evaluate, rank, and select for funding applications for TASs.
Ranking shall be in accordance with OAR
330-068-0085(1).
The Department shall notify applicants in writing whether or not they have been
selected for funding;
(b) The
Department shall ensure that the requirements in paragraphs (A), through (E) of
this subsection, are met before disbursing funds for a TAS (for buildings and
occupied buildings only):
(A) An energy audit
has been completed by an ODOE certified energy auditor;
(B) All O&M activities identified in the
energy audit have been implemented by the institution, except those which the
Department determines, in accordance with guidelines and environmental
restrictions provided by Bonneville, need not be implemented;
(C) The institution has solicited
qualifications of licensed engineers or licensed architect-engineer teams for
accomplishing the TAS before choosing a licensed engineer or licensed
architect-engineer team, unless otherwise agreed to by the Department and such
Institution;
(D) The TAS has been
performed by a licensed engineer or licensed architect-engineer team, and has
been reviewed and approved by the Department;
(E) The institution provides the Department
with proof of payment to the licensed engineer or architect-engineer team of
all agreed upon costs for performing the technical assistance study.
(c) The Department shall ensure
that the requirements in paragraphs (A) through (D) of this subsection are met
before disbursing funds for a TAS (for facilities other than buildings):
(A) All O&M activities identified in the
facilities TAS have been implemented by the institution, except those which the
Department determines, in accordance with guidelines and environmental
restrictions provided by Bonneville, need not be implemented;
(B) The institution has solicited
qualifications of licensed engineers or licensed architect-engineer teams, with
at least one year of documented experience in the design or operation of the
particular facility other than a building being studied, for accomplishing the
TAS before choosing a licensed engineer or licensed architect-engineer team,
unless otherwise agreed to by the Department and such institution;
(C) The TAS has been performed by a licensed
engineer or licensed architect-engineer team and has been reviewed and approved
by the Department;
(D) The
Institution provides the Department with proof of payment to a licensed
engineer or architect-engineer team of all agreed upon costs for performing the
technical assistance study.
(d) The Department shall pay an Institution
50 percent of the amount determined in accordance with the TAS payment formula
in rule
330-068-0090, upon
completion of the TAS in accordance with the above requirements. The Department
shall pay the institution the remaining 50 percent of the TAS amount when the
conditions in either of paragraphs (A) or (B) of this subsection are met:
(A) The Institution installs, at its own
expense, ECMs recommended in the TAS, the total cost of which is at least equal
to the remaining 50 percent of the TAS amount;
(B) The institution agrees in writing to
install, upon approval of funding, ECMs recommended in the TAS, the total cost
of which is at least equal to the remaining 50 percent of the TAS amount. If an
institution which has received the remaining 50 percent of the TAS amount, or
any portion thereof, does not install such ECMs upon approval of funding, the
Department shall require the institution to return the payment for the
remaining 50 percent of such institution's TAS amount, or any portion thereof
received, to the Department;
(C)
The Department shall not pay the institution the total remaining 50 percent of
its TAS if one of either condition in paragraph (A) or (B) of this subsection
is not satisfied and if:
(i) The TAS does not
recommend any eligible electrical ECMs even though its TAS does satisfy the
requirements as stated in subsections (3)(b) and (c) of this rule;
(ii) The total cost of the recommended
eligible electrical ECMs does not equal the remaining 50 percent of the TAS
amount, even though the TAS does satisfy the requirements as stated in
subsections (3)(b) and (c) of this rule.
(4) Energy conservation measures (ECMs):
(a) The Department shall solicit,
evaluate, and select Projects for funding at least once but not more than four
times annually. The Department shall notify applicants in writing whether or
not they have been selected for funding;
(b) The Department shall comply with the
procedures in paragraphs (A) through (E) of this subsection prior to approving
a Project application for funding:
(A) The
Department shall provide a licensed professional engineer, other than the
engineer or architect-engineer team who performed the TAS, to review and
certify that energy savings and project cost estimates of ECMs recommended in
the TAS were calculated using standard engineering practices, and that only
ECMs recommended in a TAS are included in a project;
(B) The Department shall rank and select for
funding projects in accordance with the ranking formula for ECM's found in OAR
330-068-0085(2)(a),
if requests for project funding exceed the portion of the approved budget
approved for ECMs;
(C) The
Department shall ensure that the following conditions will not occur as a
result of project installation:
(i)
Installation of low-pressure sodium vapor lights indoors;
(ii) Use of toxic transfer fluids in solar
heating systems;
(iii) Use of high
pressure sodium vapor lights indoors except for:
(I) General lighting in warehouses with low
visual demand activities and short duration occupancies; and for
(II) High visual demand lighting in high bay
areas, as defined by IES Lighting Handbook, where the mixture of HPS to
incandescent, fluorescent, or metal halide fixtures is at least 1-to-1 with
similar lumen output from both types of fixtures and the HPS fixtures are
staggered on a multiple phase circuitry.
(iv) Removal or disturbance of previously
installed asbestos;
(v)
Installation of Urea Formaldehyde Foam Insulation (UFFI).
(D) The Department shall ensure that
Bonneville funds are not used to pay for ECM's which Bonneville has determined
are environmentally restricted;
(E)
The Department shall obtain from the institution a written agreement to
indemnify Bonneville and hold it harmless from and against all claims and
liability and expenses, including reasonable attorneys fees, arising from the
negligent or other tortious acts or omissions of the Institution's officers,
agents, or employes.
(c) The Department shall comply with the
procedures in paragraphs (A) through (D) of this subsection, prior to
disbursing funds to institutions for completed projects:
(A) For projects that require the preparation
of design documents by, or have had design documents prepared by a licensed
professional engineer, a licensed architect or licensed architect-engineer
team, the Department shall provide a licensed professional engineer, other than
the engineer, architect or architect-engineer team who prepared the design
documents, to review and verify prior to bid release, that the project design
has been prepared in accordance with standard engineering practice and can
reasonably be expected to produce the energy savings identified for the project
in the TAS;
(B) The Department
shall ensure that the institution has solicited three competitive bids for ECM
installations unless otherwise agreed to by the Department and the institution,
and has chosen an installer on the basis of price and capability;
(C) The Department shall inspect each project
for proper and complete installation of ECMs and confirm such installation in
writing in accordance with the following:
(i)
Projects that require the preparation of design documents by, or have had
design documents prepared by a licensed professional engineer, a licensed
architect or licensed architect-engineer team (except that projects involving
the installation of insulation, windows, doors and lighting will not require
inspection by a professional engineer), shall be inspected by a licensed
professional engineer other than a licensed professional engineer, licensed
architect or licensed architect-engineer team installing ECMs as part of such
project; and
(ii) Projects that do
not require professional design work, or any project involving the installation
of insulation, windows, doors and lighting, shall be inspected by an inspector
with qualifications approved by Bonneville.
(D) The Department shall obtain from the
institution proof of final payment of all agreed upon costs for ECM
installations.
(d) The
Department shall pay an institution in accordance with OAR
330-068-0090 for
installed ECMs.
(5) Performance bond. A performance bond shall be furnished and maintained in the amount of 100 percent of the project amount when the project amount exceeds $10,000 and when the Department has authorized progress payments for such project.
(6) The Department may limit the amount of TAS or ECM funding any single institution may receive, so long as such limitations do not result in unreasonable discrimination. Eligible institutions shall be notified of funding limitations at the beginning of each program cycle.
Stat. Auth.: ORS 183 & ORS 469
Stats. Implemented: ORS 469
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