Oregon Code § 470.835·Enacted ·Last updated March 01, 2026
Statute Text
Performance agreements; requirements.
(1)(a) A performance agreement for planning a community renewable energy
project entered into between the State Department of Energy and an applicant
under ORS 470.830 (9) must provide, at a minimum:
(A) A grant in an
amount described in paragraph (b) of this subsection that covers up to 100
percent of the reasonable planning costs including, but not limited to, costs
associated with:
(i) Consulting
fees.
(ii) Load
analysis.
(iii) Siting,
excluding property acquisition.
(iv) Ensuring
code compliance.
(v)
Interconnection studies.
(vi) Transmission
studies.
(vii) Other
reasonable expenditures made in the community renewable energy project planning
process as determined by the department by rule.
(B) A grant may
not be used to cover any fixed costs the applicant would incur in the applicants
normal course of business such as existing staff salaries or overhead costs.
(C) The
department may recover grant moneys if a project fails to abide by the
performance agreement or if planning is not completed within six months of
execution of the performance agreement or a reasonable time frame if good cause
to extend the deadline is demonstrated as determined by rule.
(b) The
department may establish differing limits on the maximum amount of grants for
planning community renewable energy projects based on the scope and attributes
of the planning applications not to exceed an amount of $100,000 per grant.
(c)
Notwithstanding paragraph (a) of this subsection, the department may provide a
grant that covers up to 100 percent of the reasonable planning costs only if
the application demonstrates the planning proposal is for a community renewable
energy project that:
(A) If for
producing energy:
(i) Will make use
of an adequately available renewable energy resource to produce the energy;
(ii) Has a
specific market for the energy; and
(iii) Will
reasonably and efficiently connect or transmit the energy to the specific
community identified in the application under ORS 470.830 (3); or
(B) If for
increasing energy resilience:
(i) Will increase
the energy resilience of a specific structure or facility or collection of
structures or facilities essential to the public welfare; and
(ii) Will provide
energy resilience benefits to the specific structure or facility or to the
collection of structures or facilities.
(2) A performance
agreement for developing a community renewable energy project entered into
between the State Department of Energy and an applicant under ORS 470.830 (9)
must provide, at a minimum:
(a) For a
community renewable energy project that qualifies as a community energy
resilience project, a grant that covers up to 100 percent of the project cost
not to exceed $1 million. The department shall reduce the grant amount, if the
grant combined with other incentives and grants received by the applicant or a
partner of the applicant exceeds 100 percent of the total costs associated with
the project.
(b) For a
community renewable energy project that does not qualify as a community energy
resilience project, a grant that covers up to 50 percent of the project cost
not to exceed $1 million. The department shall reduce the grant amount, if the
grant combined with other incentives and grants received by the applicant or a
partner of the applicant exceeds 100 percent of the total costs associated with
the project.
(c) Subject to
paragraph (e) of this subsection, the department may release up to 30 percent
of the grant moneys provided for in a performance agreement upon entering into
a performance agreement with an applicant for developing a community renewable
energy project, if upon entering the performance agreement the applicant
demonstrates that the applicant or a partner of the applicant has:
(A) Taken
meaningful steps to seek site control, including but not limited to an option
to lease or purchase the site or an executed letter of intent or exclusivity
agreement to negotiate an option to lease or purchase the site;
(B) Filed a
request for interconnection with a host utility or appropriate transmission
provider; and
(C) Met any other
requirements provided by the department by rule, such as filing a request for a
power purchase or net metering agreement.
(d) Subject to
paragraph (e) of this subsection, in addition to grant moneys released under
paragraph (c) of this subsection, the department may release up to 30 percent
of the grant moneys provided for in a performance agreement if the applicant
demonstrates that the applicant or a partner of the applicant has met the
requirements of paragraph (c) of this subsection and any additional
requirements for the release of grant funds under this paragraph provided by
the department by rule, such as demonstrating eligible costs incurred for the
acquisition or construction of a community renewable energy project.
(e) The amount of
grant moneys released pursuant to paragraph