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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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DEPARTMENT OF ENERGY

 

DIVISION 61

PROCEDURES FOR A REBATE FOR WEATHERIZATION

330-061-0005

Purpose

(1) OAR 330-061-0005 through 330-061-0050 prescribe how the Oregon Department of Energy shall run a program providing energy conservation measure rebates. This program shall be known as the energy conservation measure rebate, a part of the State Home Oil Weatherization Program, run by the Oregon Department of Energy. Operation of the oil energy conservation measure rebate depends on availability of funds.

(2) These rules are effective December 5, 2008 or upon filing with the Secretary of State, whichever is later and shall apply to energy conservation measure rebate applications postmarked on or after the effective date of these rules.

Stat. Auth.: ORS 469.040 & 469.165
Stats. Implemented: ORS 469
Hist.: DOE 5-1983, f. & ef. 12-2-83; DOE 8-1984, f. & ef. 12-19-84; DOE 1-1987, f. & ef. 2-19-87; DOE 3-1987, f. & ef. 12-18-87; DOE 4-1993, f. & cert. ef. 10-22-93; DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03; DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04; DOE 2-2007, f. 8-29-07, cert. ef. 9-1-07; DOE 8-2008, f. 12-4-08, cert. ef. 12-5-08

330-061-0010

Definitions

As used in OAR 330-061-0005 through 330-061-0050, unless the context requires otherwise:

(1) "AFUE": Annual fuel utilization efficiency, as determined by the Gas Appliance and Manufacturers Association.

(2) "Applicant": Any person applying for a rebate.

(3) "Community Action Agency": An agency designated to receive federal low income weatherization funds on behalf of low income clients.

(4) "Contractor": A person receiving payment for installing an energy conservation measure. If installation is performed by a subcontractor, then the subcontractor may fulfill requirements such as the warranty requirements.

(5) "Cost-Effective" has the meaning given in OAR 330-060-0010(8).

(6) "Director": The Director of the Oregon Department of Energy.

(7) "Dwelling" has the meaning given in OAR 330-060-0010(11).

(8) "Energy Audit" has the meaning given in OAR 330-060-0010(13).

(9) "Energy Conservation Measures" has the meaning given in OAR 330-060-0010(14).

(10) "Family": All persons living together in a dwelling unit.

(11) "Fuel Oil" has the meaning given in OAR 330-060-0010(18).

(12) "Improvement Costs":

(a) The actual costs of an energy conservation measure;

(b) Any incidental cost necessary to ensure the quality of the energy conservation measure (for example, providing adequate ventilation in connection with attic insulation), but not including the cost of repairs; and

(c) If installed by contractor, the actual costs to the recipient;

(d) "Improvement costs": Does not include the applicant's own labor.

(13) "Lighting System Improvements" has the meaning given in OAR 330-060-0010(21).

(14) "Oregon Department of Energy": State of Oregon agency.

(15) "Person": An individual, corporation, partnership, joint venture or other entity.

(16) "Rebate": A cash grant for energy conservation measures.

(17) "Recipient": A person receiving a rebate under the energy conservation measure rebate program.

(18) "Space Heating" has the meaning given in OAR 330-060-0010(23).

(19) "Tenant" has the meaning given in OAR 330-060-0010(25).

(20) "Wood Heating Resident" has the meaning given in OAR 330-060-0010(28).

Stat. Auth.: ORS 469.040 & 469.165
Stats. Implemented: ORS 469
Hist.: DOE 5-1983, f. & ef. 12-2-83; DOE 8-1984, f. & ef. 12-19-84; DOE 1-1986, f. & ef. 2-19-87; DOE 3-1987, f. & ef. 12-18-87; DOE 3-1988, f. & cert. ef. 5-24-89; DOE 2-1991, f. & cert. ef. 10-14-91; DOE 4-1993, f. & cert. ef. 10-22-93; DOE 1-2000, f. 3-30-00, cert. ef. 4-1-00; DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03; DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04; DOE 2-2007, f. 8-29-07, cert. ef. 9-1-07

330-061-0015

Description of Oil Weatherization Rebate Program

The Oregon Department of Energy offers rebates for cost-effective energy conservation measures. The rebates are subject to available funding on a first-come, first-served basis.

Stat. Auth.: ORS 469.040 & 469.165
Stats. Implemented: ORS 469
Hist.: DOE 5-1983, f. & ef. 12-2-83; DOE 8-1984, f. & ef. 12-19-84; DOE 1-1987, f. & ef. 2-19-87; DOE 3-1987, f. & ef. 12-18-87; DOE 2-1991, f. & cert. ef. 10-14-91; DOE 4-1993, f. & cert. ef. 10-22-93; DOE 1-2000, f. 3-30-00, cert. ef. 4-1-00; DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03; DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04; DOE 2-2007, f. 8-29-07, cert. ef. 9-1-07

330-061-0020

Eligible Recipients

(1) An owner of, or tenant in, a dwelling who purchases and installs energy conservation measures in such building shall be eligible to receive a rebate. All buildings must be heated by fuel oil or wood as the primary source of space heat.

(2) Assistance on behalf of others. A third person may receive a rebate on behalf of any owner or tenant who would be eligible to receive a rebate, if such owner or tenant consents to the arrangement in writing. The third person shall comply with all requirements which would apply to the owner or tenant if he or she had received the rebate. The third person may receive the rebate in the form of a single grant in an amount equal to the sum of such grants which each owner or tenant could have received.

(3) Assistance through Community Action Agencies and other organizations that assist low-income households with weatherization and energy conservation measures. Such agencies may apply for a rebate on behalf of applicants who meet income guidelines for the U.S. Department of Energy's Low Income Weatherization Program.

(4) In the case of a commercial building which has some residential living space, the following can qualify for a rebate:

(a) That part of the building used exclusively for residential purposes; and

(b) In a centrally heated building, a prorated share of the cost of a heating system upgrade. This share shall be based on the percentage of residential to total square footage served by the heating system.

EXAMPLE: 1,000 square feet is commercial, 2,000 square feet is residential -- 2/3 of the cost could qualify for the rebate.

(5) Relationship to low-interest loan. An applicant may apply for a 6.5 percent weatherization loan under ORS 469.715 to cover that part of the weatherization job not paid for by the rebate. However, an applicant may not receive a 6.5 percent loan for the full amount of the weatherization job and a rebate for measures covered by the loan. If a loan is received for the full amount of the weatherization job, the rebate must be used to pay down the loan balance.

(6) Relationship to other publicly-subsidized loans. An applicant may apply for any other local, state or federal low-interest loan to cover costs of energy conservations measures not paid for by the rebate. However, an applicant may not receive a publicly-subsidized low-interest loan for energy conservation measure costs paid for by the rebate.

Stat. Auth.: ORS 469.040 & 469.165
Stats. Implemented: ORS 469
Hist.: DOE 5-1983, f. & ef. 12-2-83; DOE 8-1984, f. & ef. 12-19-84; DOE 1-1987, f. & ef. 2-19-87; DOE 3-1987, f. & ef. 12-18-87; DOE 2-1991, f. & cert. ef. 10-14-91; DOE 4-1993, f. & cert. ef. 10-22-93; DOE 1-2000, f. 3-30-00, cert. ef. 4-1-00; DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03; DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04; DOE 2-2007, f. 8-29-07, cert. ef. 9-1-07

330-061-0025

Amount of Rebate

(1) The Oregon Department of Energy shall annually allocate available rebate funding based on the following income categories and in the following dollar and percentage amounts:

(a) Households at or below eligibility levels for the U.S. Department of Energy's Low Income Weatherization Program can receive weatherization and energy conservation measure services from a Community Action Agency or other agency serving low-income households. The agency may apply for the rebate program for installing qualifying energy conservation measures. The rebate for installing qualifying energy conservation measures shall not exceed 50 percent of the costs or $2,500, whichever is less.

(b) Any household may receive a cash rebate for installing qualifying energy conservation measures, subject to the following limitations:

(A) A rebate for a fuel oil furnace or burner may not exceed 25 percent of the costs or $150, whichever is less.

(B) A rebate for installation of a qualifying above-ground oil tank may not exceed 25 percent of the costs or $150, whichever is less.

(C) A rebate for storm windows, storm doors, double pane windows, or double pane sliding doors may not exceed 25 percent of the costs or $150, whichever is less.

(D) A rebate for insulated doors may not exceed 25 percent of the costs or $150, whichever is less.

(E) A rebate for a blower-door test to assess the potential energy efficiency and other benefits from whole house air sealing may not exceed 100 percent of the costs or $100, whichever is less.

(F) A rebate for a duct leakage test performed by a contractor listed by the Oregon Department of Energy to assess potential energy efficiency and other benefits from duct sealing may not exceed 100 percent of the costs or $100, whichever is less.

(G) A rebate for insulation, weatherstripping and caulking may not exceed 25 percent of the costs or $500, whichever is less.

(H) A rebate for blower door guided whole house air sealing may not exceed 25 percent of the costs or $500, whichever is less.

(I) A rebate for duct sealing performed by a contractor listed by the Oregon Department of Energy may not exceed 25 percent of the costs or $500, whichever is less.

(J) The rebate for all other energy conservation measures may not exceed 25 percent of the costs or $500, whichever is less.

(K) The total rebate received by a household for energy conservation measures subject to these rules may not exceed $500.

(2) Notwithstanding OAR 330-061-0025(1), The Director may:

(a) Reduce incentive amounts or limit the number of qualifying energy conservation measures if the Director determines that rebate applications are likely to exceed the funding allocated. This action will apply to any applications received no sooner than 30 calendar days after that determination.

(b) Allocate additional funding for financial incentives through pilot programs that the Oregon Department of Energy determines may encourage installation of cost-effective energy efficiency measures.

(3) In some cases, a landlord may not wish to install energy conservation measures in all units within a building. To determine the building type, all dwelling units in the building must be counted. The rebate is only available for those units where energy conservation measures have been installed. All dwelling units sharing a common space conditioning system shall be considered part of the same residential building.

Stat. Auth.: ORS 469.040 & 469.165
Stats. Implemented: ORS 469
Hist.: DOE 5-1983, f. & ef. 12-2-83; DOE 8-1984, f. & ef. 12-19-84; DOE 1-1987, f. & ef. 2-19-87; DOE 3-1987, f. & ef. 12-18-87; DOE 2-1991, f. & cert. ef. 10-14-91; DOE 4-1993, f. & cert. ef. 10-22-93; DOE 1-2000, f. 3-30-00, cert. ef. 4-1-00; DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03; DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04; DOE 2-2007, f. 8-29-07, cert. ef. 9-1-07; DOE 8-2008, f. 12-4-08, cert. ef. 12-5-08

330-061-0030

Application Procedure

(1) Energy audit required prior to rebate payment:

(a) An applicant for a rebate must submit to the Oregon Department of Energy a copy of an energy audit for the building or dwelling unit for which a rebate is requested before the rebate is provided;

(b) A rebate will only be provided for energy conservation measures listed in OAR 330-061-0010(10), subject to the limitations of 330-061-0015 and 330-061-0025.

(2) Applicant certification. The applicant shall certify to the Oregon Department of Energy that the applicant heats with fuel oil or wood, the application is for costs of qualifying energy conservation measures, the applicant will grant permission for an inspection of the installed measures within a reasonable time if requested by the Oregon Department of Energy, and the applicant understands that the installed measures must comply with the program's energy conservation measure specifications and if the measures do not comply that the installation must be remedied or the rebate repaid.

(3) A tenant must get prior written consent from the owner of the building or dwelling unit to be eligible to apply for a rebate for the installation of energy conservation measures.

(4) A third party applying for assistance on behalf of any owner or tenant who would be eligible to receive a rebate must get written consent from the owner or tenant before receiving a rebate on the owner's or tenant's behalf.

(5) Contractor requirements:

(a) All contractors who install energy conservation measures receiving a rebate must be registered with the Oregon Construction Contractors Board. This requirement may not apply to community action agencies acting as contractors;

(b) Contractors shall certify if requested by the Oregon Department of Energy that neither they nor their suppliers (if any) are on the Consolidated List of debarred, suspended, and ineligible contractors prepared by the General Services Administration pursuant to the temporary rule published at 47 FR 43692 and any successor rule;

(c) Contractors shall certify that a new flame retention burner or fuel oil furnace for which a rebate is requested meets or exceeds the required steady state efficiency;

(d) Warranties:

(A) Basic Requirement:

(i) The contractor for the installation of energy conservation measures shall, in connection with such measures, warrant in writing that the recipient shall (for those measures found within one year from the date of installation to be defective due to materials, manufacture, design or installation) at a minimum be entitled to obtain, within a reasonable period of time and at no charge, appropriate replacement parts, materials or installation;

(ii) Any replacement parts or materials must be provided at the site of installation without charge for transportation and must be installed without charge by the contractor.

(B) Other law. This section may not relieve a warrantor under this section from full compliance with federal and state laws applicable to warranties, except to the extent that such law is inconsistent with the requirements of this section.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 469.040 & 469.165
Stats. Implemented: ORS 469
Hist.: DOE 5-1983, f. & ef. 12-2-83; DOE 8-1984, f. & ef. 12-19-84; DOE 1-1987, f. & ef. 2-19-87; DOE 3-1987, f. & ef. 12-18-87; DOE 2-1991, f. & cert. ef. 10-14-91; DOE 1-2000, f. 3-30-00, cert. ef. 4-1-00; DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03; DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04; DOE 2-2007, f. 8-29-07, cert. ef. 9-1-07; DOE 8-2008, f. 12-4-08, cert. ef. 12-5-08

330-061-0035

Payment of Rebate

After receipt of all documents and certificates required by OAR 330-061-0030, the Oregon Department of Energy shall issue a two-party check in the allowable rebate amount to the applicant and the applicant's designated contractor or supplier. The Oregon Department of Energy may also, at its discretion, issue a two-party check to the applicant and another person (such as a landlord, Community Action Agency, or lending institution). If no contractor or supplier is involved, or if the applicant has receipts showing that the contractor has been paid in full, the Oregon Department of Energy may issue a single-party check to the applicant. The Oregon Department of Energy may also, at its discretion, issue a single-party check to the contractor. The Oregon Department of Energy may issue checks to Community Action Agencies administering the rebate program on behalf of the Oregon Department of Energy.

Stat. Auth.: ORS 469.040 & 469.165
Stats. Implemented: ORS 469
Hist.: DOE 5-1983, f. & ef. 12-2-83; DOE 8-1984, f. & ef. 12-19-84; DOE 1-1987, f. & ef. 2-19-87; DOE 3-1987, f. & ef. 12-18-87; DOE 2-1991, f. & cert. ef. 10-14-91; DOE 4-1993, f. & cert. ef. 10-22-93; DOE 1-2000, f. 3-30-00, cert. ef. 4-1-00; DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03; DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04; DOE 2-2007, f. 8-29-07, cert. ef. 9-1-07

330-061-0040

Post-Installation Inspections

The Oregon Department of Energy may conduct post-installation inspections as provided in OAR 330-060-0095.

Stat. Auth.: ORS 469.040 & 469.165
Stats. Implemented: ORS 469
Hist.: DOE 5-1983, f. & ef. 12-2-83; DOE 8-1984, f. & ef. 12-19-84; DOE 1-1987, f. & ef. 2-19-87; DOE 1-2000, f. 3-30-00, cert. ef. 4-1-00; DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03; DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04; DOE 2-2007, f. 8-29-07, cert. ef. 9-1-07

330-061-0045

Penalties and Remedies

(1) Any person who knowingly makes any false statement or misrepresents any material fact with respect to any rebate provided by the Oregon Department of Energy is subject under state law ORS 162.085 to a fine of not more than $1,000, or imprisonment for not more than six months, or both, for each offense. Each false statement, material misrepresentation or failure to make a required disclosure or statement shall be a separate offense.

(2) Refusal by a rebate recipient to allow an inspection previously authorized in writing by the recipient, upon reasonable request by the Oregon Department of Energy and at a reasonable time shall constitute grounds for the Oregon Department of Energy to recover the full rebate amount from the recipient.

(3) Penalties in these sections are not exclusive. The penalties provided for in sections (1) and (2) of this rule shall be in addition to any civil or criminal fines or penalties applicable under law, including any applicable provisions of federal, state or local law.

Stat. Auth.: ORS 469
Stats. Implemented: ORS 469
Hist.: DOE 5-1983, f. & ef. 12-2-83; DOE 8-1984, f. & ef. 12-19-84; DOE 1-1987, f. & ef. 2-19-87; DOE 3-1987, f. & ef. 12-18-87; DOE 1-2000, f. 3-30-00, cert. ef. 4-1-00; DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03; DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04; DOE 2-2007, f. 8-29-07, cert. ef. 9-1-07

330-061-0050

Retention of Records by Recipients

Recipients shall retain all records pertaining to the rebate application and the energy conservation measures for which the rebate was for a period of three years after the financial assistance is provided.

Stat. Auth.: ORS 469
Stats. Implemented: ORS 469
Hist.: DOE 5-1983, f. & ef. 12-2-83; DOE 8-1984, f. & ef. 12-19-84; DOE 1-1987, f. & ef. 2-19-87; DOE 1-2000, f. 3-30-00, cert. ef. 4-1-00; DOE 2-2003, f. 9-24-03, cert. ef. 10-1-03; DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04

330-061-0060

Applicability of Rules

These rules shall apply to all weatherization rebates.

Stat. Auth.: ORS 469.040 & 469.165
Stats. Implemented: ORS 469
Hist.: DOE 3-1987, f. & ef. 12-18-87; DOE 4-1993, f. & cert. ef. 10-22-93; DOE 5-2004, f. 10-14-04, cert. ef. 11-1-04

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