- (1) The Department shall conduct a competitive review of all submitted applications.
- (2) During the competitive review, to maximize the program’s benefits to building owners across the state, applications will be selected based on a scoring system and priority will be given to buildings with the highest energy use intensity (EUI), multi-tenant buildings that are served by a utility that is not a qualified utility, smaller buildings, buildings located in a rural area, multifamily buildings, multifamily affordable housing, and other criteria determined by the Department. The applications with the highest scores will be selected first, until funding has been exhausted.
- (3) The evaluation criteria will be announced prior to the date in which the Department begins accepting applications.
- (4) The Department will provide written notice to the building owner once an incentive application has been approved or denied.
- (5) The building owner has 30 days to accept the terms of a performance agreement. If the building owner does not accept the terms within 30 days, the incentive award will no longer be valid, and the Department may offer an incentive to the applicant with the next highest score, subject to available funding.
- (6) The building owner may appeal the Department's decision to disqualify the building owner or the Department’s determination of the amount of an incentive payment by submitting to the Department a written statement that the building owner wishes to appeal the decision and explaining why the building owner believes the Department’s decision is not consistent with HB 3409 (2023) (codified at ORS 469.275 through ORS 469.291) or the Building Performance Standard Incentive Program rules. Such statement must be received by the Department within 30 days of the Department’s providing the written notice under section (4), above. The Department shall then provide the building owner with the opportunity to request a contested case, as described in ORS 183.415. If the building owner decides to move forward with a contested case, the Department shall provide the building owner with a contested case notice as described in ORS 183.413.
Statutory/Other Authority
ORS 469.040 & ORS 469.275-469.291
Statutes/Other Implemented
ORS 469.275-469.291
History
DOE 5-2025, adopt filed 08/04/2025, effective 08/05/2025