(2) An investor-owned gas utility may act as a sustainable energy project manager for the utility service territory serviced by the utility or may contract with the Public Purpose Fund Administrator to act as the sustainable energy project manager on behalf of the utility.

(3) A consumer-owned utility shall be the sustainable energy project manager for the utility service territory serviced by the utility if the utility agrees to promote energy efficiency and sustainable technology loans as part of an energy efficiency or renewable energy program offered by the utility. A consumer-owned utility may conduct energy efficiency and renewable energy programs within the utility service territory of the utility regardless of whether the utility service territory is served by an energy efficiency and sustainable technology loan program. A consumer-owned utility may decline to participate in the energy efficiency and sustainable technology loan program.

(4) If a customer is served by both a gas utility and an electric utility that have energy efficiency and sustainable technology loan programs, the utility that supplies the customer’s primary source of heat for the property shall supply loan program services for that customer.

(5) The existence of an energy efficiency and sustainable technology loan program, or the appointment of a sustainable energy project manager, in a utility service territory does not prevent a consumer-owned utility from conducting an energy efficiency or renewable energy program offered by the utility. If the consumer-owned utility declines to serve as a sustainable energy project manager for the utility service territory, the utility may:

(a) Continue with existing utility services and policies; or

(b) Work with the Director of the State Department of Energy to solicit and select a qualified entity to serve as the sustainable energy project manager as described in ORS 470.535 and 470.540.

(6) Subject to approval by the director, a sustainable energy project manager may contract with a qualified third party to assist the sustainable energy project manager in serving a utility service territory. If a utility service territory is served by a sustainable energy project manager, the appointment of additional sustainable energy project managers may be made only by entering into a subcontract approved by the existing sustainable energy project manager. If the third party is acting as a financier, the third party is not required to comply with laws regulating utilities based on the actions of the third party as a financier. 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.

(7) The Public Purpose Fund Administrator and sustainable energy project managers shall cooperate with, and coordinate their outreach and promotional efforts with, local utilities and other stakeholders to promote energy efficiency and renewable energy and to use the customer contacts, resources and capacity of the utilities to engage and inform utility customers about the energy efficiency and sustainable technology loan program. The Public Purpose Fund Administrator and sustainable energy project managers shall coordinate with gas utilities regarding any changes to a gas pipeline and with electric utilities regarding electric charging or any changes to electrical connections that are external to a structure. The Public Purpose Fund Administrator and sustainable energy project managers shall coordinate with a gas utility regarding the installation of appliances used for space heating, water heating and compressed natural gas refueling. [2009 c.753 §12; 2013 c.8 §7]