Or. Admin. Code § 330-070-0013

Current through Register Vol. 63, No. 10, October 1, 2024

Section 330-070-0013 - Definitions

For the purposes of Oregon Administrative Rules, chapter 330, division 70 the following definitions apply unless the context requires otherwise:

(1) "Alternative Energy Device" (AED) - has the meaning provided in ORS 469B.100 and includes a category one alternative energy device or a category two alternative energy device.

(2) "Alternative Fuel" - means any fuel other than gasoline or diesel oil such as electricity, natural gas, ethanol, methanol, propane, and any other fuel approved by the Director.

(3) "Alternative Fuel Device" - has the meaning provided in ORS 469B.100, and includes a facility for mixing, storing, compressing or dispensing fuels for alternative fuel vehicles, and any other necessary and reasonable equipment. Does not include the purchase of an alternative fuel vehicle.

(4) "Annual Fuel Utilization Efficiency" (AFUE) - means a thermal efficiency measurement of combustion equipment like furnaces, boilers, and water heaters. The AFUE differs from the true 'thermal efficiency' in that it is not a steady-state, peak measure of conversion efficiency, but instead attempts to represent the actual, season-long, average efficiency of that piece of equipment.

(5) "Applicant" - means an individual, estate or trust subject to tax under ORS chapter 316, who applies for a residential energy tax credit under this division of rules.

(6) "British Thermal Unit" (Btu) - means a unit of energy. One Btu is the amount of heat required to raise the temperature of one pound of water by one degree Fahrenheit.

(7) "Coefficient of Performance" (COP) - means the measurement of how efficiently a heating or cooling system (particularly a heat pump in its heating mode) will operate at a given outdoor temperature condition. The ratio calculated by dividing the usable output energy by the electrical input energy. Both energy values must be expressed in equivalent units.

(8) "Department" - means the Oregon Department of Energy, unless specified otherwise.

(9) "Domestic Water Heating" - has the meaning provided in ORS 469B.100 and does not include space heating systems.

(10) "Dwelling" - has the meaning provided in ORS 469B.100.

(a) Dwelling includes, but is not limited to, a single-family residence or an individual unit within multiple unit residential housing.

(b) Dwelling does not include a mobile home or recreational vehicle as defined in ORS 446.003.

(11) "Energy-Efficient Appliance" - has the meaning provided in ORS 469B.100, which includes emerging technologies that exceed code or standards as specified in ORS 469B.100 and these rules.

(12) "Energy Factor" (EF) - means a metric used to compare relative efficiencies of water heaters. The higher the EF is, the more efficient the water heater. EF is determined by the USDOE test procedure, Code of Federal Regulations, Title 10, Section 430.

(13) "Energy Use Index" (EUI) - means an index used for Energy Recovery Ventilators (ERV) or Heat Recovery Ventilators (HRV) to determine its electric efficiency, and calculated by dividing a model's power consumption, in watts, by the net supply air delivered, in cubic feet per minute (cfm), while the unit is operating in the lowest speed for which performance data is provided in the Home Ventilating Institute (HVI) Directory.

(14) "Fireplace Efficiency (FE)" - means a measure of a natural gas or propane fireplace's energy efficiency performance over an entire heating season and is expressed as a percentage. The higher the rating, the more efficient the unit. The testing method used to establish Fireplace Efficiency is CAN/CSA-P.4.1-09 (R2014).

(15) "First Year Energy Savings" - means the first year energy yield as defined in ORS 469B.100. Energy savings is calculated under average conditions by an AED in 12 consecutive months of typical operation.

(16) "Fuel Cell Stack" - means she portion of a fuel cell system where the electrochemical reactions take place, generally consisting of an anode, an electrolyte, and a cathode and supporting systems bringing fuel to the stack and carrying away the electricity, electrochemical products and thermal energy generated.

(17) "Fuel Cell System" - means a system for producing electricity electrochemically and non-reversibly, using a hydrogen rich fuel and oxygen, and producing an electric current, water, and thermal energy.

(18) "Geothermal System" - means a heating and air-conditioning system, earth-coupled heat pump, geothermal heat pump or ground loop AED.

(19) "Heating Season Performance Factor" (HSPF) - means the measurement of how efficiently a heat pump will operate in a heat mode over an entire normal heating season. HSPF is measured according to test procedures defined by Air-Conditioning, Heating, and Refrigeration Institute (AHRI) in its Standard 210/240 as well as American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 116 and the USDOE Test Procedure in 10 CFR; Part 430, Appendix M.

(20) "Ineligible Costs" - means the costs not allowed for determining the tax credit, including, but not limited to, finance charges, maintenance costs, service contracts, or extended warranty.

(21) "Operating Guidelines" (OG) - means the guidelines developed by the Solar Rating and Certification Corporation (SRCC) including system performance or component characteristics defined by SRCC in its directory.

(22) "Operational Date" - means the date when final inspection is completed by a local jurisdiction for an AED and the AED is fully operational.

(23) "Owner-Built" - means an AED that is assembled and installed on an owner's property and with an owner's labor only.

(24) "Passive" - means a solar AED that relies on heated liquid or air rising to collect, store and move heat without assistance from any mechanical devices.

(25) "Passive Solar Space Heating" - means a system or building design that collects and stores solar energy received directly through south facing windows. The system/design is without powered moving parts and includes provisions to collect, store and distribute the sun's energy using only convection, radiation and conduction of energy.

(26) "Pass-through Amount" - means the sum, equal to the present value of the credit, paid to an eligible AED owner in exchange for the right to claim the tax credit. The present value of the tax credit will be determined periodically by the Director.

(27) "Pass-through Partner" - means an individual, estate or trust subject to tax under ORS chapter 316 that pays the pass-through amount to an applicant and receives the tax credit in place of the applicant.

(28) "Pass-through Verification" - means a determination based on information collected by the department that the approved pass-through amount has been provided, that the applicant has relinquished any claim to the tax credit and has assigned the credit to the pass-through partner.

(29) "Photovoltaic System" - means a complete solar electric power system capable of delivering power to either the main or sub-panel in a dwelling. Necessary components include solar electric modules, inverter, mounting system, and disconnection equipment.

(30) "PowerClerk" - means an online incentive application processing tool used in processing residential photovoltaic system applications.

(31) "Premium Efficiency Biomass Combustion Device" - means any device that burns wood, compressed wood or other non-gaseous or non-liquid solid fuels of 100 percent organic origin for aesthetic or space-heating purposes.

(32) "Purchase Date" - means the date when the first down payment is made by the applicant on a contract or invoice for an AED. The applicant must provide confirmation of the purchase date to the department.

(33) "Sealed Duct System" - means a forced air duct system that has been repaired or constructed for premium efficiency. For purposes of the tax credit, sealed duct systems are considered energy-efficient appliances.

(34) "Sensible Recovery Efficiency" (SRE) - means, in an HRV or ERV, the measurable (sensible) energy recovered to the ventilation supply air stream minus supply fan and preheat coil energy use divided by the total sensible energy being exhausted plus exhaust fan energy. This measure of efficiency accounts for the effects of cross leakage between air streams, purchased energy for fan controls, and defrost system energy use.

(35) "Solar Domestic Water Heating System" - means any configuration of plumbing equipment and components to collect, convey, store and convert the sun's energy for the purpose of heating water.

(36) "Solar Electric AC Module" - means a solar photovoltaic module coupled with a utility interactive inverter (i.e. micro inverter). The combined system must be Underwriters Laboratory (UL) listed and meet all current Institute of Electronic and Electrical Engineers (IEEE) 929 requirements.

(37) "Solar Labor Costs" - means the cost of labor necessary for the installation of a solar powered AED.

(38) "Solar Material Costs" - means the total cost of all parts necessary for the installation of a solar powered AED.

(39) "Solar Site Assessment" - means a form or report issued or approved by the department, and completed, signed and dated by a tax-credit technician demonstrating the Total Solar Resource Fraction (TSRF) at the site of the solar thermal collector(s) or photovoltaic array. The assessment must represent the point on the array with the lowest TSRF, depict whether any plant life near the array is made up of evergreen or deciduous trees and estimate the effects of 20 years future plant growth.

(40) "Standard Test Conditions" (STC) - As applicable to photovoltaic panels, means 25 degrees Celsius cell temperature and 1000 watts per square meter (W/m2).

(41) "System Certification" - means the certification that an AED as described in an application for tax credit meets all criteria for the tax credit.

(42) "System Cost" - means the costs allowed for determining the tax credit, include material cost, labor cost, and costs for design and acquisition.

(43) "Tax-Credit Technician" (TCT) - means a person who has received a "contractor system certification" as used in ORS 469B.106(5). A technician who has been approved by the department to implement the tax credit program. A tax-credit technician is responsible for assuring that AEDs are installed in accordance with the department's rules and must verify system installation quality and performance.

(44) "Thermal Efficiency" (TE) - means the performance measurement of the output energy divided by the input energy in a system. Thermal efficiency indicates how well an energy conversion or transfer process is accomplished.

(45) "Third-party" - means the owner, or the owner's representative, of the alternative energy device for the duration of the third-party agreement.

(46) "Third-party alternative energy device installation" - has the definition given in ORS 469B.100.

(47) "Total Solar Resource Fraction" (TSRF) - means the fraction of usable solar energy that is received by the solar panel/collector throughout the year, which accounts for impacts due to external shading, collector tilt and collector orientation.

(48) "Uncertified Woodstove" - means a solid fuel burning device that burns wood, coal or other nongaseous or non-liquid fuels for aesthetic, space-heating or water heating purposes that has not been certified as meeting emission performance standards set by the U.S. Environmental Protection Agency.

Or. Admin. Code § 330-070-0013

DOE 1-1982, f. 1-12-82, ef. 2-1-82; DOE 1-1986, f. & ef. 2-7-86; DOE 4-1987, f. 12-18-87, ef. 1-1-88, Renumbered from 330-070-0023; DOE 1-1989, f. & cert. ef. 6-15-89; DOE 2-1989, f. 12-28-89, cert. ef. 1-1-90; DOE 1-1995, f. & cert. ef. 1-17-95; DOE 1-1996, f. & cert. ef. 4-1-96; DOE 1-1997, f. 12-15-97, cert. ef. 1-1-98; DOE 1-1999, f. 12-21-99, cert. ef. 1-1-00; DOE 2-2000, f. 12-29-00, cert. ef. 1-1-01; DOE 2-2000, f. 12-29-00, cert. ef. 1-1-01; DOE 2-2001, f. 10-5-01, cert. ef. 10-8-01; DOE 1-2004, f. & cert. ef. 1-21-04; DOE 2-2005, f. 12-30-05, cert. ef. 1-1-06; DOE 4-2006, f. 12-29-06, cert. ef. 1-1-07; DOE 4-2007, f. 11-30-07, cert. ef. 12-1-07; DOE 7-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; DOE 16-2010, f. & cert. ef. 12-22-10; DOE 11-2011, f. 12-16-11, cert. ef. 1-1-12; DOE 14-2012, f. 12-26-12, cert. ef. 1-1-13; DOE 8-2014, f. 11-18-14, cert. ef. 1/1/2015; DOE 6-2015, f. 11-9-15, cert. ef. 1/1/2016; DOE 8-2016, f. 12-29-16, cert. ef. 1/1/2017

Stat. Auth.: ORS 469.040, 469B.103, 469B.106, 316.116

Stats. Implemented: ORS 469B.100-469B.118, 316.116