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DEPARTMENT OF ENERGY

 

DIVISION 61

PROCEDURES FOR A REBATE FOR WEATHERIZATION

330-061-0005

Purpose

(1) Oregon Administrative Rules, chapter 330, division 61 prescribe how the Oregon Department of Energy will run the State Home Oil Weatherization (SHOW) program providing energy conservation measure cash payments. Operation of the program depends on availability of funds.

(2) The amendments to these rules apply to energy conservation measures completed on or after the effective date of these rules.

Stat. Auth.: ORS 469.040
Stats. Implemented: ORS 469.673 – 469.683
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; DOE 3-2015, f. 9-30-15, cert. ef. 10-1-15

330-061-0010

Definitions

For the purposes of Oregon Administrative Rules, chapter 330, division 61 the following definitions apply, unless the context requires otherwise:

(1) "Applicant" means an individual, corporation, partnership, joint venture or other entity applying for a cash payment.

(2) "Community Action Agency" means an agency designated to receive federal low income weatherization or energy assistance funds on behalf of low income clients.

(3) "Contractor" means 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.

(4) “Department” means the Oregon Department of Energy.

(5) "Director" means the Director of the department.

(6) "Dwelling" has the meaning provided in ORS 469.673. Real or personal property within the state inhabited as the principal of a dwelling owner or a tenant. "Dwelling" includes a manufactured dwelling as defined in ORS 446.003, a floating home as defined in ORS 488.705 and a single unit in in multiple-unit residential housing. "Dwelling" does not include a recreational vehicle as defined in ORS 446.003.

(7) "Energy Conservation Measures" has the meaning provided in ORS 469.673.

(8) "Fuel Oil" means any petroleum product sold by a petroleum supplier for use as a residential heating fuel, including heating oil, propane, butane and kerosene.

(9) "Improvement Costs" means

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

(b) Any incidental cost necessary to ensure the quality of the energy conservation measure, but not including the cost of repairs; and

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

(d) Improvement costs do not include the applicant's own labor.

(10) "Recipient" means an applicant receiving a cash payment under the energy conservation measure program.

(11) "Tenant" means a tenant as defined in ORS 91.100 or any other tenant.

Stat. Auth.: ORS 469.040
Stats. Implemented: ORS 469.673 – 469.683
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; DOE 3-2015, f. 9-30-15, cert. ef. 10-1-15

330-061-0015

Description of State Home Oil Weatherization Program

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

Stat. Auth.: ORS 469.040
Stats. Implemented: ORS 469.673 – 469.683
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 3-2015, f. 9-30-15, cert. ef. 10-1-15

330-061-0020

Eligible Recipients

(1) A dwelling owner who purchases and installs energy conservation measures may receive a cash payment. Dwellings must be heated by oil, propane, kerosene, butane or wood as the primary source of space heat at the time of receipt of the cash payment.

(2) A contractor may receive a cash payment on behalf of any dwelling owner who would be eligible to receive a cash payment, if such dwelling owner consents to the arrangement in writing. The contractor must comply with all requirements which would apply to the dwelling owner if he or she had received the cash payment.

(3) Community Action Agencies and other organizations that assist low-income households with weatherization and energy conservation measures may receive a cash payment on behalf of any dwelling owner who would be eligible to receive a cash payment. Such agencies may apply for a cash payment on behalf of dwelling owners 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 cash payment:

(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.

Stat. Auth.: ORS 469.040
Stats. Implemented: ORS 469.673 – 469.683
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 3-2015, f. 9-30-15, cert. ef. 10-1-15

330-061-0025

Specifications and Amount of Cash Payment

(1) The Oregon Department of Energy may annually allocate available funding. When allocating the funding, the department will allocate as provided in sections (2) and (3) of this rule.

(2) 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 agencies serving low-income households. The agency may apply for the cash payment program for installing qualifying energy conservation measures. The cash payment for installing qualifying energy conservation measures shall not exceed the lesser of the following:

(a) The cost of the qualifying energy conservation measures,

(b) 50 percent of the total project costs incurred at the dwelling for weatherization and energy conservation measures by the Community Action Agency during the current State Home Oil Weatherization grant period, or

(c) $2,500.

(3) Any eligible dwelling owner may receive a cash payment not to exceed 50 percent of the project cost up to a cash payment of $500 per dwelling address, for installing at least one of the qualifying energy conservation measures listed below, subject to the following limitations:

(a) Fuel oil furnace or boilers with tested steady state efficiency of at least 81 percent replacing a fuel oil heating system that is more than 20 years old or has a steady-state efficiency of 70 percent or less or as otherwise authorized by the Oregon Department of Energy.

(b) Replacement fuel oil burners, including electrical controls and combustion chamber improvements when needed, which increase combustion efficiency of oil furnaces or boilers. A replacement burner must have a tested steady state efficiency of at least 80 percent and be replacing a burner that is more than 10 years old or is in a heating systems with a tested steady state efficiency of 70 percent or less.

(c) Replacement windows including storm windows, storm doors, double pane windows, or double pane sliding doors subject to the following:

(A) Windows (including sliding doors) with a U-factor of at least 0.30 or lower replacing less energy efficient windows and sliding doors that are certified and labeled for U-factor in accordance with the simulation, testing and certification procedures of the National Fenestration Rating Council (NFRC).

(B) Storm doors covering uninsulated exterior doors; or

(C) Storm windows over single pane glass windows on an exception basis when double glazed windows are not a practical option.

(d) Insulated exterior doors with a U-factor no higher than 0.20. Subject to other limits, a cash payment for insulated exterior doors is limited to $200.

(e) Insulation for attics and ceilings, floors or walls subject to the following:

(A) Attics and ceilings, with a preexisting insulation level of R-21 or less, must be insulated to a minimum nominal loose fill material of R-49 or cavity fill, or continuous rigid insulation of R-20 for roof decks;

(B) Floors, insulate over unheated spaces to fill framing cavity to R-30, if achievable; or

(C) Walls, fill the wall cavity with insulation. If area has unfinished walls adjacent to unheated areas, fill the wall cavity to R-21, if achievable. In areas that have finished walls with no insulation that are adjacent to unheated areas, fill up to R-15, if achievable.

(f) Weather-stripping, caulking or air sealing, seal the heated space and ducts in a dwelling. Subject to other limits, a cash payment for weather-stripping, caulking or air sealing is limited to $200.

(g) Duct sealing and insulation, insulate supply and return air ducts in unheated spaces to at least R-8. This must be performed by a technician and certified that Bonneville Power Administration’s Prescriptive Duct Sealing Specifications have been completed. Subject to other limits, a cash payment for duct sealing and insulation is limited to $200.

(h) Programmable thermostats. Subject to other limits, a cash payment for programmable thermostats is limited to $100.

(4) 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 cash payment 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 energy efficiency measures.

(5) 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 cash payment 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
Stats. Implemented: ORS 469.673 – 469.683
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; DOE 3-2015, f. 9-30-15, cert. ef. 10-1-15

330-061-0030

Application Procedure

(1) An applicant for a cash payment must submit to the Oregon Department of Energy a copy of a home energy assessment or third-party audit for the dwelling unit for which a cash payment is requested before the cash payment is provided.

(2) Applicant certification. The applicant must certify to the department that the applicant heats with oil, propane, kerosene, butane 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 department, 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 cash payment repaid.

(3) A contractor applying for a cash payment on behalf of any dwelling owner must provide the department with evidence of written consent from the dwelling owner before receiving a cash payment.

(4) Contractor requirements:

(a) All contractors who install energy conservation measures receiving a cash payment 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 all applicable federal, state and local licenses are in good standing.

(c) 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
Stats. Implemented: ORS 469.673 – 469.683
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; DOE 3-2015, f. 9-30-15, cert. ef. 10-1-15

330-061-0035

Cash Payment

After receipt of all documents and certificates required by OAR 330-061-0030, the department will issue a two-party check in the allowable cash payment amount to the applicant and the applicant's designated contractor or supplier. The department 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 department may issue a single-party check to the applicant. The department may also, at its discretion, issue a single-party check to the contractor. The department may issue checks to Community Action Agencies administering the SHOW program on behalf of the department.

Stat. Auth.: ORS 469.040
Stats. Implemented: ORS 469.673 – 469.683
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 3-2015, f. 9-30-15, cert. ef. 10-1-15

330-061-0040

Post-Installation Inspections

(1) The Oregon Department of Energy may conduct post-installation inspections to inspect energy conservation measures:

(a) The department may inspect energy conservation measures installed by a dwelling owner receiving a cash payment; and

(b) The department may require an inspection before disbursing cash payments.

(2) The inspection will verify that measures included for the cash payment were installed and that workmanship and materials meet industry standards. All measures installed must meet the energy conservation measure specifications. Local codes must prevail in all cases.

Stat. Auth.: ORS 469.040
Stats. Implemented: ORS 469.673 – 469.683
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; DOE 3-2015, f. 9-30-15, cert. ef. 10-1-15

330-061-0045

Penalties and Remedies

(1) Any person who knowingly makes any false statement or misrepresents any material fact with respect to any cash payment 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 recipient to allow an inspection previously authorized in writing by the recipient, upon reasonable request by the department and at a reasonable time constitutes grounds for the department to recover the full cash payment amount from the recipient.

(3) Penalties in these sections are not exclusive. The penalties provided for in sections (1) and (2) of this rule are 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 469.040
Stats. Implemented: ORS 469.673 – 469.683
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; DOE 3-2015, f. 9-30-15, cert. ef. 10-1-15

330-061-0050

Retention of Records by Recipients

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

Stat. Auth.: ORS 469.040
Stats. Implemented: ORS 469.673 – 469.683
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 3-2015, f. 9-30-15, cert. ef. 10-1-15

330-061-0060

Applicability of Rules

These rules shall apply to all weatherization cash payments.

Stat. Auth.: ORS 469.040
Stats. Implemented: ORS 469.673 – 469.683
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; DOE 3-2015, f. 9-30-15, cert. ef. 10-1-15

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