ORS 470.050
Definitions


As used in this chapter, unless the context requires otherwise:

(1)

“Alternative fuel project” means:

(a)

Equipment, including vehicles that are not used primarily for personal, family or household purposes, that is modified or acquired directly from a factory and that:

(A)

Uses an alternative fuel including electricity, biofuel, gasohol with at least 20 percent denatured alcohol content, hydrogen, hythane, methane, methanol, natural gas, propane or any other fuel approved by the Director of the State Department of Energy; and

(B)

Produces lower exhaust emissions or is more energy efficient than equivalent equipment fueled by gasoline or diesel; and

(b)

A facility, including a fueling station, or equipment necessary to produce alternative fuel or operate equipment that uses an alternative fuel.

(2)

“Applicant” means an applicant for a loan to construct a small scale local energy project.

(3)

“Base efficiency package” means the package of energy efficiency upgrades or renewable energy projects for a property that, when energy savings, project repayment costs, tax or other incentives, loan offset grants and other relevant economic factors are considered, is estimated to not increase the utility bill of the customer over the loan repayment term.

(4)

“Committee” means the Small Scale Local Energy Project Advisory Committee created under ORS 470.070 (Small Scale Local Energy Project Advisory Committee).

(5)

“Cooperative” means a cooperative corporation organized under ORS chapter 62.

(6)

“Director” means the Director of the State Department of Energy appointed under ORS 469.040 (Director).

(7)

“Eligible federal agency” means a federal agency or public corporation created by the federal government that proposes to use a loan for a small scale local energy project. “Eligible federal agency” does not include a federal agency or public corporation created by the federal government that proposes to use a loan for a small scale local energy project to generate electricity for sale.

(8)

“Eligible state agency” means a state officer, board, commission, department, institution, branch or agency of the state whose costs are paid wholly or in part from funds held in the State Treasury.

(9)

“Energy efficiency and sustainable technology loan” means a loan for a small scale local energy project that is repayable by means of:

(a)

A charge included with the participant’s utility customer account billing; or

(b)

An alternative repayment method identified by the department and the borrower and specified in the loan agreement.

(10)

“Energy Project Bond Loan Fund” means the fund established under ORS 470.580 (Energy Project Bond Loan Fund).

(11)

“Energy Project Supplemental Fund” means the fund established under ORS 470.570 (Energy Project Supplemental Fund).

(12)

“Energy Revenue Bond Repayment Fund” means the fund established under ORS 470.585 (Energy Revenue Bond Repayment Fund).

(13)

“Energy savings projection” means an examination of the energy performance and site characteristics of a property that, at a minimum, identifies:

(a)

A base efficiency package; and

(b)

Any additional optional measures that a customer is able to repay and that the sustainable energy project manager believes to be feasible for the site.

(14)

“Jobs, Energy and Schools Fund” means the fund established under ORS 470.575 (Jobs, Energy and Schools Fund).

(15)

“Loan” includes the purchase or other acquisition of evidence of indebtedness and money used for the purchase or other acquisition of evidence of indebtedness.

(16)

“Loan contract” means the evidence of indebtedness and all instruments used in the purchase or acquisition of the evidence of indebtedness. For eligible federal or state agencies or municipal corporations that are tax exempt entities, a loan contract may include a lease purchase agreement with respect to personal property.

(17)

“Loan offset grant” means moneys from the Jobs, Energy and Schools Fund that are used to help offset the initial project costs or loan payments for energy efficiency, renewable energy and energy conservation projects.

(18)

“Loan repayment charge” means an amount charged to a utility customer account through on-bill financing as a mechanism for the repayment of an energy efficiency and sustainable technology loan.

(19)

“Municipal corporation” has the meaning given in ORS 297.405 (Definitions for ORS 297.020, 297.230, 297.405 to 297.740 and 297.990) and also includes any Indian tribe or authorized Indian tribal organization or any combination of two or more of these tribes or organizations acting jointly in connection with a small scale local energy project.

(20)

“On-bill financing” means a mechanism for collecting the repayment of an energy efficiency and sustainable technology loan through a utility customer account billing system.

(21)

“Optional package” means measures for promoting energy efficiency or the use of renewable energy:

(a)

That are in addition to the measures described in the customer’s base efficiency package;

(b)

For which a customer has the ability to repay; and

(c)

That the sustainable energy project manager believes to be feasible for the site.

(22)

“Oregon business” means a sole proprietorship, partnership, company, cooperative, corporation or other form of business entity that is organized or authorized to do business under Oregon law for profit.

(23)

“Primary contractor” means a contractor that:

(a)

Has entered into a contract with an owner of property for which a proposed small scale local energy project will be located;

(b)

Is responsible for the completion of the small scale local energy project;

(c)

Undertakes to complete the small scale local energy project; and

(d)

Is responsible for any subcontractors performing work on the small scale local energy project.

(24)

“Public Purpose Fund Administrator” means the entity designated by the Public Utility Commission to administer moneys collected by a company through the public purpose charge described under ORS 757.612 (Requirements for public purpose expenditures).

(25)

“Recycling project” means a facility or equipment that converts waste into a new and usable product.

(26)

“Small business” means:

(a)

An Oregon business that is:

(A)

A retail or service business employing 50 or fewer persons at the time the loan is made; or

(B)

An industrial or manufacturing business employing 200 or fewer persons at the time the loan is made; or

(b)

An Oregon subsidiary of a sole proprietorship, partnership, company, cooperative, corporation or other form of business entity for which the total number of employees for both the subsidiary and the parent sole proprietorship, partnership, company, cooperative, corporation or other form of business entity at the time the loan is made is:

(A)

Fifty or fewer persons if the subsidiary is a retail or service business; and

(B)

Two hundred or fewer if the subsidiary is an industrial or manufacturing business.

(27)

“Small scale local energy program loan” means a loan for a small scale local energy project other than an energy efficiency and sustainable technology loan.

(28)

“Small scale local energy project” means any of the following:

(a)

A system, mechanism or series of mechanisms located primarily in Oregon that directly or indirectly uses or enables the use of, by the applicant or another person, renewable resources including, but not limited to, solar, wind, geothermal, biomass, waste heat or water resources to produce energy, including heat, electricity and substitute fuels, to meet a local community or regional energy need in this state.

(b)

A system, mechanism or series of mechanisms located primarily in Oregon or providing substantial benefits to Oregon that directly or indirectly conserves energy or enables the conservation of energy by the applicant or another person, including energy used in transportation.

(c)

A recycling project.

(d)

An alternative fuel project.

(e)

An improvement that increases the production or efficiency, or extends the operating life, of a system, mechanism, series of mechanisms or project otherwise described in this subsection, including but not limited to restarting a dormant project.

(f)

A system, mechanism or series of mechanisms installed in a facility or portions of a facility that directly or indirectly reduces the amount of energy needed for the construction and operation of the facility and that meets the sustainable building practices standard established by the State Department of Energy by rule. For purposes of this paragraph, “system, mechanism or series of mechanisms” includes related and integrated upgrades to attain compliance with standards set in the State of Oregon Structural Specialty Code and Fire and Life Safety Code, and seismic safety upgrades.

(g)

A project described in paragraphs (a) to (f) of this subsection, whether or not the existing project was originally financed under this chapter, together with any refinancing necessary to remove prior liens or encumbrances against the existing project.

(h)

A project described in paragraphs (a) to (g) of this subsection that conserves energy or produces energy by generation or by processing or collection of a renewable resource.

(29)

“Small Scale Local Energy Project Administration and Bond Sinking Fund” means the fund created under ORS 470.300 (Small Scale Local Energy Project Administration and Bond Sinking Fund).

(30)

“Small Scale Local Energy Project Loan Fund” means the loan fund created by Article XI-J of the Oregon Constitution and appropriated to the State Department of Energy under ORS 470.130 (Appropriation of Small Scale Local Energy Project Loan Fund).

(31)

“Sustainable energy project manager” means the organization responsible for promoting the energy efficiency and sustainable technology loan program or the clean energy deployment program and related incentives for energy efficiency and renewable energy at the neighborhood and community level.

(32)

“Utility service territory” means the allocated territory in which a utility subject to this chapter provides a utility service. For the purposes of this subsection, “allocated territory” and “utility service” have the meanings given those terms in ORS 758.400 (Definitions for ORS 758.015 and 758.400 to 758.475). [1979 c.672 §1; 1981 c.50 §1; 1983 c.188 §1; 1985 c.593 §2; 1993 c.496 §4; 1995 c.551 §8; 1997 c.29 §1; 1999 c.365 §7; 2003 c.186 §55; 2005 c.201 §3; 2009 c.753 §54; 2009 c.760 §1; 2011 c.467 §11; 2013 c.8 §1]

Source: Section 470.050 — Definitions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors470.­html.

470.050
Definitions
470.060
Application for financing
470.065
Confidentiality of information provided by or on behalf of applicant
470.070
Small Scale Local Energy Project Advisory Committee
470.080
Standards for small scale local energy projects
470.090
Approval or rejection of project financing by director
470.100
Committee review of rejection or approval in different amount
470.110
Gifts credited to Small Scale Local Energy Project Loan Fund
470.120
Limit on loan to amount not funded by other sources
470.130
Appropriation of Small Scale Local Energy Project Loan Fund
470.135
Administration of small scale local energy project loan program funds and accounts
470.140
Rulemaking authority
470.145
State Department of Energy to develop marketing plan
470.150
Loan contract
470.155
Loan contract in form of intergovernmental agreement
470.160
Payment from loan funds
470.170
Security for loan
470.180
Withholding of state funds due to municipal corporation that defaults on loan
470.190
Remedies
470.200
Refinancing of project
470.210
Municipal corporation may enter into loan contract
470.220
Issuance of bonds
470.225
Procedure for bond issuance
470.230
Bond proceeds credited to Small Scale Local Energy Project Loan Fund
470.240
General obligation bonds to include promise to pay principal amount
470.270
General obligation refunding bonds
470.280
General obligation bond repayment from sinking fund
470.290
Bond indebtedness limited to constitutional limit
470.300
Small Scale Local Energy Project Administration and Bond Sinking Fund
470.310
Procedure if sinking fund inadequate
470.500
Goals
470.505
Delay or suspension of program
470.510
State Department of Energy may enter contracts for loan issuance
470.515
Rules
470.520
State Department of Energy may contract for performance of duties
470.525
Quarterly report
470.530
Qualifications
470.535
Applications for certification as project manager
470.540
State Department of Energy to notify unsuccessful applicants
470.545
Appeal of certification decision
470.550
Term of certification of project manager
470.555
Project managers
470.560
Rules
470.565
Loan applicant request for energy savings projection
470.570
Energy Project Supplemental Fund
470.575
Jobs, Energy and Schools Fund
470.580
Energy Project Bond Loan Fund
470.585
Energy Revenue Bond Repayment Fund
470.590
Proposals
470.595
Investment with financial manager
470.600
State Department of Energy may enter agreements to disburse supplemental capital funds
470.605
Local governments may direct moneys to certain funds to finance loans
470.610
Issuance of bonds
470.615
Payment of bonds
470.620
Bond pledges
470.630
Form of disbursement
470.635
Requirement for energy savings projection
470.640
Amount of loans
470.645
Application for loan
470.650
Residential small scale local energy projects
470.655
Project initiation fee
470.660
Investor-owned utilities
470.665
Consumer-owned utilities
470.670
Repayment requirement for customer served by electric utility and gas utility
470.675
Cost eligibility for ratemaking purposes
470.680
State Department of Energy to identify forms of acceptable security
470.685
Recording liens
470.690
Avoidance of foreclosure
470.695
Sale of real property
470.700
Use of loan offset grant moneys
470.710
Apprenticeship and job training
470.715
Costs of adopting rules
470.720
Loan program information to be provided by utilities
470.800
Clean Energy Deployment Fund
470.805
Renewable Energy Development Subaccount
470.810
Clean energy deployment program
470.815
School district projects
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