Oregon Revised Statutes Chapter 470 § 470.635 — Requirement for energy savings projection; form of projection; use of certified

Requirement for energy savings projection; form of projection; use of certified primary contractors. (1) The State Department of Energy may not complete an agreement for the issuance of an energy efficiency and sustainable technology loan unless the sustainable energy project manager, a primary contractor designated by the sustainable energy project manager or a person approved by the department completes an energy savings projection or similar evaluation for the property that will benefit from the small scale local energy project. The projection or other evaluation shall be in writing and shall, at a minimum, identify the following: (a) The recommended base efficiency package for the structure. A base energy package may include improvements to existing supply lines and equipment. (b) Any optional package recommended for the structure. (c) The estimated net monthly cost to the applicant when energy savings, project repayment costs, tax or other incentives, loan offset grants, base efficiency package fees and other relevant economic factors are considered. (d) The monthly cost to the applicant to repay the loan principal and finance charges. (e) If the base efficiency package or recommended optional package includes the use of nontraditional technology, a description of the nontraditional technology. (2) A base efficiency package or optional package may not provide for achieving energy efficiency upgrades through the use of appliances or other equipment that lack sufficient relationship to the structure to be subject to a fixture filing or real property lien. (3) The projection or other evaluation shall state in a clear and conspicuous manner: (a) That the estimated net monthly cost to the applicant contained in the projection or other evaluation does not represent a guarantee of project performance or results; and (b) That no liability attaches to the department, any state agency or officer, the sustainable energy project managers or any utility if actual energy savings are less than the estimated savings or if the construction process or constructed project is unsatisfactory in any way. (4) If the base efficiency package or recommended optional package includes the use of nontraditional technology, the projection or other evaluation shall include a statement that the technology is nontraditional, initialed by the prospective loan applicant. (5) An energy efficiency and sustainable technology loan may be used only for a project constructed by a primary contractor certified under ORS 701.119. (6) Prior to the disbursement of the loan moneys to the primary contractor, a sustainable energy project manager or other person approved by the department shall verify that the small scale local energy project has been completed in a manner consistent with energy efficiency and sustainable technology loan program requirements. If this state or any agency of this state adopts or recognizes an energy efficiency scoring system for buildings, the department may require that the verification described in this subsection include the determination of an energy efficiency score for the property benefited by the project. (7) The department shall periodically consult with primary contractors certified under ORS 701.119 for the purpose of updating average cost and projected savings figures used for energy savings projections or other evaluations under this section. The department shall encourage the use of methods for conducting energy savings projections or other evaluations under this section that are cost-effective and time-effective, take advantage of economies of scale and produce results that are accurate and are replicable for equivalent base energy packages. [2009 c.753 §27; 2010 c.92 §3; 2013 c.8 §3]