This rulemaking is to implement the new Community Renewable Energy Project grant program created by Sections 29 – 32 of Oregon Laws 2021, chapter 508 which was adopted by the Oregon Legislature in House Bill 2021. House Bill 2021 introduced a broad range of programs, studies, and statutory changes relating to clean energy to be implemented by state agencies. Work assigned to the Oregon Department of Energy by the bill includes developing and implementing the new Community Renewable Energy Project grant program. ODOE convened an advisory committee in fall of 2021 to provide consultation on implementing the program, as directed by Section 32 of the bill; the advisory committee also served as a rulemaking advisory committee to assist the department in developing draft rules.
This rulemaking would create a new division in ODOE administrative rules providing procedures for the Community Renewable Energy Project grant program. The bill requires the department to publish periodic opportunity announcements notifying interested parties that grants are available under the program. House Bill 2021 lists several eligibility requirements that must be met by the proposals in applications for planning grants and for project development grants, and lists criteria that the department must use to prioritize applications. The bill requires that out of the initial appropriation of funds for the program, the department must allocate 50 percent or more to projects that serve qualifying communities and 50 percent or more to projects that provide energy resiliency benefits.
The proposed rules list the information that an applicant would be required to provide in a grant application and outline a two-step review process, including a completeness and eligibility review of each application to be followed by a competitive review. As directed by House Bill 2021, ODOE would enter into performance agreements with applicants who are awarded grants; the proposed rules provide a process and a list of required elements for performance agreements under the program. Finally, the proposed rules provide processes for compliance, including the ability of the department to inspect projects and related documentation, and to recover grant funds under certain circumstances.
Commenting on the draft rules:
In addtion to the January 26 public hearing, ODOE also encourages written comments on the draft rules using the ODOE comment portal, or via mail or email. Written comments on the rulemaking are due by 5 p.m. on Friday, January 28, 2022. Comments received after this date will not be considered in the rulemaking process.
ODOE Comment Portal:
Mailing Address:
Oregon Department of Energy
Attn: Community Renewable Energy Project Grant Program Team
550 Capitol St NE 1st Floor
Salem, OR 97301
ODOE plans to file the proposed rules in February 2022 with the rules becoming effective upon filing.
For more information, contact: