(1) Except as provided in subsection (3) of this section, the State Department of Energy may enter into contracts for the issuance of energy efficiency and sustainable technology loans. Except as provided in ORS 470.700, the department shall finance the loans using moneys from the Small Scale Local Energy Project Loan Fund, the Energy Project Supplemental Fund or the Energy Project Bond Loan Fund, or from a combination of those funds. (2) The sustainable energy project manager may enter into agreements with trade associations and other public and private entities for the promotion or marketing of the energy efficiency and sustainable technology loan program. (3) The department must obtain the consent of the utility before operating an energy efficiency and sustainable technology loan program within the service territory of: (a) An investor-owned electric utility that serves fewer than 20,000 customers; or (b) An investor-owned gas utility that is actively administering an energy conservation program established: (A) On or before January 1, 2009; and (B) Without assistance from a nongovernmental entity that receives public purpose charge moneys under ORS 757.612.
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