ORS 276.905: Definitions for ORS 276.900 to 276.915.

As used in ORS 276.900 to 276.915, unless the context requires otherwise: (1) “Alternative energy system” means an environmentally sound energy system that uses power derived from renewable resources including, but not limited to, the sun, wind, geothermal sources and heat recovery. (2) “Authorized state agency” means a state agency, board, commission, department or division that is authorized to finance the construction, purchase or renovation of a facility that is or will be used by the State of Oregon. (3) “Cost-effective” means that an energy resource, facility or conservation measure during its life cycle results in delivered power costs to the ultimate consumer no greater than the comparable incremental cost of the least cost alternative new energy resource, facility or conservation measure. Cost comparison must include, but need not be limited to: (a) Cost escalations and future availability of fuels; (b) Waste disposal and decommissioning costs; (c) Transmission and distribution costs; (d) Geographic, climatic and other differences in the state; and (e) Environmental impact. (4) “Energy conservation measure” means a measure primarily designed to reduce the use of energy resources in a facility. (5) “Energy consumption analysis” means the evaluation of all energy systems and components by demand and type of energy including the internal energy load imposed on a major facility by its occupants, equipment and components and the external energy load imposed on a major facility by the climatic conditions of its location. “Energy consumption analysis” includes, but is not limited to: (a) The comparison of a range of alternatives that is likely to include all reasonable, cost-effective energy conservation measures and alternative energy systems; (b) The simulation of each system over the entire range of operation of a major facility for a year’s operating period; (c) The evaluation of energy consumption of component equipment in each system considering the operation of such components at other than full or rated outputs; and (d) The consideration of alternative energy systems. (6) “Energy performance contract” has the meaning given that term in ORS 279A.010. (7) “Energy systems” means all utilities, including but not limited to heating, cooling, ventilation, lighting and the supply of domestic hot water. (8) “Facility” means a building or other structure owned or controlled by an authorized state agency that is used or occupied by employees of the authorized state agency or that is used for conducting public business. (9) “Major facility” means a facility that has 10,000 square feet or more of usable floor space. (10) “Performance guarantee” means an enforceable agreement between an authorized state agency and a qualified energy service company that: (a) Allocates responsibilities between the authorized state agency and the qualified energy service company for achieving the purposes of an energy performance contract; (b) Specifies conditions under which the qualified energy service company will guarantee savings, reductions, benefits or other purposes specified in the energy performance contract; (c) Specifies a term during which the agreement remains valid; and (d) Provides remedies to the authorized state agency, including damages and appropriate equitable relief, if a fixture, furnishing or system that the qualified energy service company recommends, designs and constructs, fabricates, assembles or installs into a facility fails to achieve the savings, reductions, benefits or other purposes specified in the energy performance contract. (11) “Qualified energy service company” means a person that: (a) Has demonstrated a technical, operational, financial and managerial capability for, and a prior record of success in, identifying and assessing needs for and recommending, designing and constructing, fabricating, assembling or installing fixtures, furnishings or systems that meet the requirements of an energy performance contract; (b) Has developed expertise in measuring and verifying energy use and reductions in energy use, expertise in identifying greenhouse gas emissions and methods for reducing greenhouse gas emissions or expertise in methods of providing savings, reductions or other benefits that an authorized state agency may seek through an energy performance contract; and (c) Otherwise meets standards that the State Department of Energy or an authorized state agency specifies for prequalification. (12) “Renovation” means an addition to, alteration of or repair of a facility that adds to or alters the facility’s energy systems, provided that the affected energy systems account for 50 percent or more of the facility’s total energy use. [1979 c.734 §2; 1987 c.320 §155; 1989 c.556 §2; 2001 c.683 §2; 2008 c.26 §2; 2025 c.161 §1]