ORS 470.830: Grants for community renewable energy projects; application; rules.

(1) The Community Renewable Investment Program is established for the purpose of: (a) Offsetting the cost of planning and developing community renewable energy projects; (b) Making community renewable energy projects economically feasible for qualifying communities; (c) Promoting small-scale renewable energy projects; and (d) Providing direct benefits to communities across this state in the form of increased community energy resilience, local jobs, economic development or direct energy cost savings to families and small businesses. (2)(a) A federally recognized Oregon Indian tribe, public body or consumer-owned utility may submit to the State Department of Energy an application for grant moneys from the Community Renewable Investment Fund established under ORS 470.845 for the purpose of planning or developing a community renewable energy project. (b) An applicant may partner with a federally recognized Oregon Indian tribe, public body, nonprofit entity, private business with a business site in this state or owner of rental property in this state, but a grant for an approved application will only be awarded and released to an applicant that is a federally recognized Oregon Indian tribe, public body or consumer-owned utility. Any federally recognized Oregon Indian tribe, public body, nonprofit entity, private business or owner of rental property that partners with the applicant must be listed in the application. (c) An application must be drafted in consultation with electric utilities that have customers in the communities covered by a community renewable energy project that is in the application and regional stakeholders for the purpose of ensuring feasibility. (3) An application for a grant for planning a community renewable energy project must demonstrate that the planning: (a) Is for a project located in this state but outside a city with a population of 500,000 or more; (b) Will be 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; (c) Will result in a proposal for developing a community renewable energy project; and (d) Incorporates feedback from: (A) Members of qualifying communities served by the community renewable energy project; (B) Businesses located in the communities served by the community renewable energy project; (C) Electric utilities that have customers in the communities served by the community renewable energy project; and (D) Other regional stakeholders. (4)(a) An application for a grant for developing a community renewable energy project must be on a form prescribed by the department and contain: (A) A detailed description of the project’s systems and the systems’ operation; (B) Information showing that the project’s systems will operate as represented in the application and, if the project is for producing electricity, remain in operation for at least five years or for at least a period of time established by the Director of the State Department of Energy by rule; (C) The anticipated total project cost; (D) Information on the number and types of jobs directly connected to the awarding of the grant that will be: (i) Created by the project; and (ii) Sustained throughout construction, installation and operation of the project; (E) Information demonstrating that the project will comply with applicable state and local laws and regulations and obtain required licenses and permits; (F) Information demonstrating that the project will be located in and benefit a community in this state but outside a city with a population of 500,000 or more; and (G) Any other information the director considers necessary to determine whether the project is in compliance with ORS 470.825 to 470.840 and any applicable rules or standards adopted thereunder. (b) An application for developing a community renewable energy project must demonstrate that the project: (A) Is located in this state but outside a city with a population of 500,000 or more; (B) Will begin construction within 12 months of execution of the performance agreement and be completed within 36 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; (C) Results in increased community energy resilience, local jobs, economic development or direct energy cost savings to families and small businesses; (D) Complies with applicable state and local laws and regulations and has the required licenses and permits; (E) Does not exceed 20 megawatts of nameplate capacity, if the project is for generating renewable energy; and (F) Will operate for at least five years, if the project is for producing electricity, or for at least a period of time established by the director by rule. (5) Upon receipt of an application submitted under this section, the department shall review and determine whether the applicant is eligible to receive a grant from the Community Renewable Investment Program established under this section. The department may approve an application if the department finds that: (a) The planning or development proposal meets the requirements listed in subsection (3) or (4) of this section; (b) The proposal meets the standards described in subsection (10) of this section; (c) The proposal meets any standards adopted by rule under subsection (11) of this section; (d) The proposal is technically feasible; and (e) Any federally recognized Oregon Indian tribe, public body, private business or owner of rental property partnered with the applicant is listed in the application. (6)(a) The department shall issue separate opportunity announcements for each calendar interval that funding is available for the following categories: (A) Planning a community renewable energy project that qualifies as a community energy resilience project; (B) Developing a community renewable energy project that qualifies as a community energy resilience project; (C) Planning a community renewable energy project that does not qualify as a community energy resilience project; and (D) Developing a community renewable energy project that does not qualify as a community energy resilience project. (b) Upon receiving an application, the director shall determine whether the application is for a community renewable energy project that qualifies as a community energy resilience project based on the definition of “community energy resilience project” in ORS 470.825 and any applicable rules adopted under this section. (7)(a) The department shall allocate, out of the initial moneys appropriated for the Community Renewable Investment Program under section 34, chapter 508, Oregon Laws 2021: (A) 50 percent or more for grants to be awarded for planning or developing community renewable energy projects that qualify as community energy resilience projects. (B) 50 percent or more for grants to be awarded for planning or developing community renewable energy projects that primarily serve one or more qualifying communities. (b) The department shall allocate, out of any subsequent and additional moneys appropriated to the Community Renewable Investment Program, percentage amounts for grants in a manner consistent with paragraph (a) of this subsection. (c) After two years of issuing announcements of available funding opportunities from the initial moneys appropriated to the Community Renewable Investment Program and after consultation with the Advisory Committee on Community Renewable Investment described in ORS 470.840, the department may, by rule, reallocate the percentage of available funds across project categories. (8) The department shall review and competitively score applications separately for each funding opportunity announcement. (9) If the department approves an application under this section, the department and the applicant may enter into a performance agreement that meets the requirements set forth in ORS 470.835. (10) In approving applications and awarding grant moneys, the department shall prioritize planning and development proposals that: (a) Include community energy resilience projects. (b) Demonstrate significant prior investments in energy efficiency measures at the project location or will result in aggregate improvements to demand response capabilities. (c) Are for projects located in qualifying communities across the state. (d) When applicable, are for projects constructed in part or in whole by disadvantaged business enterprises, emerging small businesses or businesses that are owned by minorities, women or disabled veterans. (e) Include inclusive hiring and promotion policies for workers working on the projects. (f) Incorporate equity metrics developed in coordination with the Environmental Justice Council established by ORS 182.538 for evaluating the involvement of and leadership by people of low income, Black, Indigenous or People of Color, members of tribal communities, people with disabilities, youth, people from rural communities and people from otherwise disadvantaged communities in the siting, planning, designing or evaluating of the proposed community renewable energy projects. (g) Help the applicants achieve goals included in the applicants’ natural hazard mitigation plans as approved by the Federal Emergency Management Agency. (11) The department shall adopt rules, in consultation with Business Oregon, to carry out ORS 470.825 to 470.840. The rules must: (a) Define the planning and project costs eligible to be covered by a grant provided under ORS 470.835 (1) and (2). (b) Adopt a methodology to identify qualifying communities and assess the geographic diversity of the approved planning and development projects compared with the other planning and development project applications for which grants have been requested in each opportunity announcement. (c) Establish guidelines for significant, unforeseeable or uncontrollable delays that will constitute good cause for extending the timelines agreed upon in performance agreements. (12) The department may adopt rules capping the amount of grant funds that may be paid to individual consultants and contractors in each round of funding opportunity announcements if the department finds such limitations necessary to ensure broad distribution of funds and opportunity for emerging small businesses as defined in ORS 200.005. [2021 c.508 §30; 2022 c.58 §8]