2007 ORS 470.090¹
Approval or rejection of project financing by director
  • certification of amount of loan
  • findings
  • notice

(1) After consideration of the recommendation of the Small Scale Local Energy Project Advisory Committee or the State Department of Energy as provided by ORS 470.080 (Standards for small scale local energy projects), the Director of the State Department of Energy may approve or reject the financing of a small scale local energy project described in an application filed as provided in ORS 470.060 (Application for loan funds), using moneys in the Small Scale Local Energy Project Loan Fund. Approval of a loan by the director shall include a certification of the amount of the loan.

(2) The director’s approval of a loan for a small scale local energy project shall be based on a finding that:

(a) The proposed small scale local energy project meets established standards and criteria under ORS 470.080 (Standards for small scale local energy projects);

(b) The proposed project is consistent with the preservation and enhancement of environmental quality;

(c) The proposed project is feasible and a reasonable risk from practical and economic standpoints;

(d) The plan for development of the project is satisfactory;

(e) The applicant is qualified, creditworthy and responsible and is willing and able to enter into a contract with the director for development and repayment as provided in ORS 470.150 (Loan contract);

(f) There is a need for the proposed small scale local energy project and the applicant’s financial resources are adequate to provide the working capital to maintain the project after completion;

(g) Moneys in the loan fund are or will be available for the development of the proposed small scale local energy project;

(h) A dwelling constructed before January 1, 1979, that will be served by a proposed space heating project is weatherized according to the standards established under ORS 469.155 (Advisory energy conservation standards for dwellings);

(i) Except for a proposed space heating project for a dwelling under paragraph (h) of this subsection, the loan does not finance any project for which the projected economic value of the energy savings of the project during the first year the project is implemented is equal to or greater than the cost of the project; and

(j) The loan will not preclude individuals and small businesses from access to loan funds.

(3) The director shall notify the applicant and the presiding officer of the committee of the director’s action and of the reasons for that action. The director shall inform the applicant of the review procedure established in ORS 470.100 (Committee review of rejection or approval in different amount). [1979 c.672 §5; 1981 c.50 §4; 1981 c.565 §4; 1983 c.188 §3; 2003 c.186 §58; 2005 c.201 §6]

Chapter 470

Notes of Decisions

There is nothing in this chapter which requires the Depart­ment of Energy or its director to recover loans or withhold future loan install­ments for the purpose of compelling compliance by the borrower with the wage and employ­ment condi­tions of state law. State ex rel Building Council v. Bureau of Labor, 61 Or App 22, 656 P2d 325 (1982), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 470—Small Scale Local Energy Projects, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­470.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 470, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­470ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.