Procedures For A Rebate For Weatherization

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_300/oar_330/330_061.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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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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