OAR 330-135-0051: Requirements for Deferral of Expenditures

(1) If a contracting agency determines, in accordance with OAR 330-135-0045, that it is not appropriate to install green energy technology, energy use efficiency, or woody biomass energy technology at the public building site or green energy technology, energy use efficiency, or woody biomass energy technology away from the public building site, the contracting agency must: (a) Defer the expenditure of 1.5 percent of the total contract price of the current public building project to a future public building project for which green energy technology or an eligible alternative is appropriate; (b) Request from the department a technical review of its determination in accordance with OAR 330-135-0052; and (c) Report, in accordance with OAR 330-135-0055, information about the deferred expenditure and the future project to which the deferred expenditure will be applied, if known. (2) If the contracting agency defers the expenditure, the amount spent on green energy technology, energy use efficiency, or woody biomass energy technology in the next building project must include the deferred expenditure from the current building project plus the 1.5 percent of total contract price for including green energy technology, energy use efficiency, or woody biomass energy technology in the future building project, if required. (3) Any amount spent on green energy technology, energy use efficiency or woody biomass energy technology in excess of 1.5 percent of the total contract price may not be credited to other current or future projects. (4) Public improvement contracts for which state funds are not directly or indirectly used are not required to defer funds, however the contracting agency must comply with (1)(b) of this section.