2007 Oregon Code - Chapter 469 :: Chapter 469 - Energy - Conservation Programs - Energy Facilities
Chapter 469 —
Energy; Conservation Programs; Energy Facilities
2007 EDITION
ENERGY; CONSERVATION PROGRAMS; ENERGY
FACILITIES
PUBLIC HEALTH AND SAFETY
GENERAL PROVISIONS
469.010Â Â Â Â Policy
469.020Â Â Â Â Definitions
STATE DEPARTMENT OF ENERGY; ADMINISTRATION
469.030Â Â Â Â State
Department of Energy; duties
469.040Â Â Â Â Director;
duties; appointment; rules
469.050Â Â Â Â Limitations
on subsequent employment of director; sanctions
469.055Â Â Â Â Authority
of department to require fingerprints
469.060Â Â Â Â Comprehensive
energy plan; energy pricing structures research
469.070Â Â Â Â Energy
forecast; contents; fees
469.080Â Â Â Â Energy
resource information; subpoena power; depositions; limitations on obtaining
information; protection from abuse
469.085Â Â Â Â Procedure
for imposing civil penalties; rules
469.090Â Â Â Â Confidentiality
of information submitted under ORS 469.080
469.097Â Â Â Â Duty
to monitor industry progress in energy conservation
469.100Â Â Â Â Agency
consideration of legislative policy; agency review of rules
469.110Â Â Â Â Dealings
with federal government; intervention by State Department of Energy in agency
action
469.120Â Â Â Â State
Department of Energy Account; appropriation; record of moneys
469.135Â Â Â Â Energy
Conservation Clearinghouse for Commerce and Industry
469.150Â Â Â Â Energy
suppliers to provide conservation services and information; rules
469.155Â Â Â Â Advisory
energy conservation standards for dwellings; rules
ALTERNATIVE ENERGY DEVICES
469.160Â Â Â Â Definitions
for ORS 469.160 to 469.180; rules
469.165Â Â Â Â Rules;
federal standards
469.170Â Â Â Â Claim
for tax credits; rules; eligibility; contents; contractor system certification
469.171Â Â Â Â Transfer
of tax credit for alternative fuel vehicle; rules
469.172Â Â Â Â Ineligible
devices; rules
469.176Â Â Â Â Performance
assumptions and prescriptive measures for tax credits
469.180Â Â Â Â Forfeiture
of tax credits; revocation of contractor certificate; inspection; effect of
failure to allow inspection
RENEWABLE ENERGY RESOURCES
469.185Â Â Â Â Definitions
for ORS 469.185 to 469.225 and 469.878; rules
469.190Â Â Â Â Policy
469.195Â Â Â Â Priority
given to certain projects; criteria
469.197Â Â Â Â Rules;
criteria for high-performance homes, renewable energy systems, combined heat
and power facilities and renewable energy resource equipment
469.200Â Â Â Â Annual
limit to cost of facility in granting tax credits
469.205Â Â Â Â Application
for preliminary certification; eligibility; contents; fees; rules
469.206Â Â Â Â Transferability
of facility tax credit; rules; effect on taxes reported by public utility
469.207Â Â Â Â Tax
credit for rental housing units; eligibility
469.208Â Â Â Â Transferability
of rental housing unit tax credit; rules
469.210Â Â Â Â Submission
of plans, specifications and contract terms; preliminary certification
469.215Â Â Â Â Final
certification; eligibility; application; content
469.217Â Â Â Â Rules;
fees for certification
469.220Â Â Â Â Certificate
required for tax credits; certification not to exceed five years
469.225Â Â Â Â Revocation
of certificate; forfeiture of tax credits; collection
ENERGY EFFICIENCY STANDARDS
(Temporary provisions relating to outdoor lighting are compiled as
notes preceding ORS 469.229)
469.229Â Â Â Â Definitions
for ORS 469.229 to 469.261
469.233Â Â Â Â Energy
efficiency standards
469.235Â Â Â Â Certain
reflector lamps exempt from standards
469.238Â Â Â Â
469.239Â Â Â Â Installation
of products not meeting standards prohibited; exemptions
469.255Â Â Â Â Manufacturers
to test products; test methods; certification of products; rules
469.261Â Â Â Â Department
to review standards; rules; postponement of operative dates of standards;
application for waiver of federal preemption
REGULATION OF ENERGY FACILITIES
(General Provisions)
469.300Â Â Â Â Definitions
469.310Â Â Â Â Policy
(Siting)
469.320Â Â Â Â Site
certificate required; exceptions
469.330Â Â Â Â Notice
of intent to file application for site certificate; public notice; standards,
application requirements and study requirements; project order; rules
469.350Â Â Â Â Application
for site certificate; comment and recommendation
469.360Â Â Â Â Evaluation
of site applications; costs; payment
469.370Â Â Â Â Draft
proposed order for hearing; issues raised; final order; expedited processing
469.373Â Â Â Â Expedited
processing for certain natural gas energy facilities
469.375Â Â Â Â Required
findings for radioactive waste disposal facility certificate
469.378Â Â Â Â Land
use compatibility statement for energy facility
469.401Â Â Â Â Energy
facility site certificate; conditions; effect of issuance on state and local
government agencies
469.402Â Â Â Â Delegation
of review of future action required by site certificate
469.403Â Â Â Â Rehearing
on approval or rejection of application for site certificate or amendment; appeal;
judicial review vested in Supreme Court; stay of order
469.405Â Â Â Â Amendment
of site certificate; judicial review; exemption; rules
469.407Â Â Â Â Amendment
of application to increase capacity of facility
469.409Â Â Â Â Amendment
of site certificate to demonstrate compliance with carbon dioxide emissions
standard; binding arbitration to resolve disputes
469.410Â Â Â Â Energy
facility site certificate applications filed or under construction prior to
July 2, 1975; conditions of site certificate; monitoring programs
469.421Â Â Â Â Fees;
exemptions; assessment of certain utilities and suppliers; penalty
469.430Â Â Â Â Site
inspections
469.440Â Â Â Â Grounds
for revocation or suspension of certificates
469.441Â Â Â Â Justification
of fees charged; judicial review
(High Voltage Transmission Lines)
469.442Â Â Â Â Procedure
prior to construction of transmission line in excess of 230,000 volts; review
committee
(Administration)
469.450Â Â Â Â Energy
Facility Siting Council; appointment; confirmation; term; restrictions
469.460Â Â Â Â Officers;
meetings; compensation and expenses
469.470Â Â Â Â Powers
and duties; rules
469.480Â Â Â Â Local
government advisory group; special advisory groups; compensation and expenses;
Electric and Magnetic Field Committee; rules
(Rules; Standards; Compliance)
469.490Â Â Â Â Adoption
of rules; determination of validity
469.501Â Â Â Â Energy
facility siting, construction, operation and retirement standards; exemptions
469.503Â Â Â Â Requirements
for approval of energy facility site certificate; carbon dioxide emissions
standard; offset funds; use of offset funds by qualifying organization; rules
469.504Â Â Â Â Facility
compliance with statewide planning goals; exception; amendment of local plan
and land use regulations; conflicts; technical assistance; rules
469.505Â Â Â Â Consultation
with other agencies
469.507Â Â Â Â Monitoring
environmental and ecological effects of construction and operation of energy
facilities
469.520Â Â Â Â Cooperation
of state governmental bodies; adoption of rules by state agencies on energy
facility development
(Plant Operations; Radioactive Wastes)
469.525Â Â Â Â Radioactive
waste disposal facilities prohibited; exceptions; rules
469.530Â Â Â Â Review
and approval of security programs
469.533Â Â Â Â State
Department of Energy rules for health protection and evacuation procedures in
nuclear emergency
469.534Â Â Â Â County
procedures
469.535Â Â Â Â Governor
may assume control of emergency operations during nuclear accident or
catastrophe
469.536Â Â Â Â Public
utility to disseminate information under ORS 469.533
469.540Â Â Â Â Reductions
or curtailment of operations for violation of safety standards; notice; time
period for repairs; transport and disposal of radioactive materials
469.550Â Â Â Â Order
for halt of plant operations or activities with radioactive material; notice
469.553Â Â Â Â Active
uranium mill or mill tailings disposal facility site certification required; procedure
for review; fees
469.556Â Â Â Â Rules
governing uranium-related activities
469.559Â Â Â Â Cooperative
agreements authorized between council and federal officials and agencies;
rules; powers of Governor; exception for inactive or abandoned site
(Records)
469.560Â Â Â Â Records;
public inspection; confidential information
(Insurance)
469.561Â Â Â Â Property
insurance required; exceptions; filing of policy
469.562Â Â Â Â Eligible
insurers
(Enforcement)
469.563Â Â Â Â Court
orders for enforcement
(
469.566Â Â Â Â Legislative
findings
469.568Â Â Â Â Construction
of ORS 469.566 to 469.583
469.569Â Â Â Â Definitions
for ORS 469.566 to 469.583
469.571Â Â Â Â Oregon
Hanford Cleanup Board; members; appointment
469.572Â Â Â Â Compensation
of board members
469.573Â Â Â Â Purpose
of
469.574Â Â Â Â Duties
of Oregon Hanford Cleanup Board; coordination with
469.575Â Â Â Â Duties
of chairperson of Oregon Hanford Cleanup Board
469.576Â Â Â Â Review
of
469.577Â Â Â Â Lead
agency; agreements with federal agencies related to long-term disposal of
high-level radioactive waste
469.578Â Â Â Â Oregon
Hanford Cleanup Board to implement agreements with federal agencies
469.579Â Â Â Â Authority
to accept moneys; disbursement of funds; rules
469.581Â Â Â Â Advisory
and technical committees
469.582Â Â Â Â Cooperation
with Oregon Hanford Cleanup Board; technical assistance from other state
agencies
469.583Â Â Â Â Rules
(Federal Site Selection)
469.584Â Â Â Â Findings
469.585Â Â Â Â Activities
of state related to selection of high-level radioactive waste disposal site
(
469.586Â Â Â Â Findings
469.587Â Â Â Â Position
of State of
(Siting of Nuclear-Fueled Thermal Power
Plants)
469.590Â Â Â Â Definitions
for ORS 469.590 to 469.595
469.593Â Â Â Â Findings
469.594Â Â Â Â Storage
of high-level radioactive waste after expiration of license prohibited;
continuing responsibility for storage; implementation agreements
469.595Â Â Â Â Condition
to site certificate for nuclear-fueled thermal power plant
469.597Â Â Â Â Election
procedure; elector approval required
469.599Â Â Â Â Public
Utility CommissionÂ’s duty
469.601Â Â Â Â Effect
of ORS 469.595 on applications and applicants
(Transportation of Radioactive Material)
469.603Â Â Â Â Intent
to regulate transportation of radioactive material
469.605Â Â Â Â Permit
to transport required; application; delegation of authority to issue permits;
fees; rules
469.606Â Â Â Â Determination
of best and safest route
469.607Â Â Â Â Authority
of council; rules
469.609Â Â Â Â Annual
report to state agencies and local governments on shipment of radioactive
wastes
469.611Â Â Â Â Emergency
preparedness and response program; radiation emergency response team; training
469.613Â Â Â Â Records;
inspection; rules
469.615Â Â Â Â Indemnity
for claims against state insurance coverage certification; reimbursement for
costs incurred in nuclear incident
469.617Â Â Â Â Report
to legislature; content
469.619Â Â Â Â State
Department of Energy to make federal regulations available
RESIDENTIAL ENERGY CONSERVATION ACT
(Investor-Owned Utilities)
469.631Â Â Â Â Definitions
for ORS 469.631 to 469.645
469.633Â Â Â Â Investor-owned
utility program
469.634Â Â Â Â Contributions
for urban and community forest activities by customers of investor-owned
utilities; rules; uses
469.635Â Â Â Â Alternative
program of investor-owned utilities
469.636Â Â Â Â Additional
financing program by investor-owned utility for rental dwelling
469.637Â Â Â Â Energy
conservation part of utility service of investor-owned utility
469.639Â Â Â Â Billing
for energy conservation measures
469.641Â Â Â Â Conditions
for cash payments to dwelling owner by investor-owned utility
469.643Â Â Â Â Formula
for customer charges; rules
469.645Â Â Â Â Implementation
of program by investor-owned utility
(Publicly Owned Utilities)
469.649Â Â Â Â Definitions
for ORS 469.649 to 469.659
469.651Â Â Â Â Publicly
owned utility program
469.652Â Â Â Â Contributions
for urban and community forest activities by customers of publicly owned
utilities; rules; uses
469.653Â Â Â Â Alternative
program of publicly owned utility
469.655Â Â Â Â Energy
conservation as part of utility service of publicly owned utility
469.657Â Â Â Â Conditions
for cash payments to dwelling owner by publicly owned utility
469.659Â Â Â Â Implementation
of program by publicly owned utility
(Oil Dealers)
469.673Â Â Â Â Definitions
for ORS 469.673 to 469.683
469.675Â Â Â Â Oil
dealer program
469.677Â Â Â Â Contracts
for information, assistance and technical advice; standards for energy audits
469.679Â Â Â Â Implementation
by fuel dealer
469.681Â Â Â Â Petroleum
supplier assessment; computation; effect of failure to pay; interest
469.683Â Â Â Â Oil-Heated
Dwellings Energy Audit Account
(Miscellaneous)
469.685Â Â Â Â Use
of earlier energy audit
469.687Â Â Â Â Title
for ORS 469.631 to 469.687
ENERGY CONSERVATION PROGRAMS
(Single Family Residence)
469.700Â Â Â Â Energy
efficiency ratings; public information; “single family residence” defined
(Low Interest Loans)
469.710Â Â Â Â Definitions
for ORS 469.710 to 469.720
469.715Â Â Â Â Low
interest loans for cost-effective energy conservation; rate
469.717Â Â Â Â When
installation to be completed
469.719Â Â Â Â Eligibility
of lender for tax credit not affected by ownerÂ’s failure
469.720Â Â Â Â Energy
audit required; permission to inspect required; owner not to receive other
incentives
(Public Buildings)
469.730Â Â Â Â Declaration
of purpose
469.735Â Â Â Â Definitions
for ORS 469.730 to 469.745
469.740Â Â Â Â Rules
establishing energy conservation standards for public buildings; bases
469.745Â Â Â Â Voluntary
compliance program
469.750Â Â Â Â State
purchase of alternative fuels
(State Agency Projects)
469.752Â Â Â Â Definitions
for ORS 469.752 to 469.756
469.754Â Â Â Â Authority
of state agencies to establish projects; use of savings; rules
469.756Â Â Â Â Rules;
technical assistance; evaluations
BIOFUELS AND BIOMASS
469.785Â Â Â Â Fuel
blends and solid biofuels; qualification for tax credits; rules
469.790Â Â Â Â Biomass;
eligibility for tax credits
PACIFIC NORTHWEST ELECTRIC POWER AND CONSERVATION PLANNING COUNCIL
469.802Â Â Â Â Definition
for ORS 469.802 to 469.845
469.803Â Â Â Â
469.805Â Â Â Â State
members of council; confirmation; qualifications
469.810Â Â Â Â Conflicts
of interest prohibited
469.815Â Â Â Â Status
of members; duties; attendance at public meetings; technical assistance
469.820Â Â Â Â Term;
reappointment; vacancy
469.825Â Â Â Â Prohibited
activities of members
469.830Â Â Â Â Removal
of members; grounds; procedure
469.835Â Â Â Â Salary
of members; staff
469.840Â Â Â Â Northwest
Regional Power and Conservation Account; uses
469.845Â Â Â Â Annual
report to Governor and legislature
COMMERCIAL ENERGY CONSERVATION SERVICES
PROGRAM
469.860Â Â Â Â Definitions
for ORS 469.860 to 469.900
469.863Â Â Â Â Gas
utility to adopt commercial energy audit program; rules
469.865Â Â Â Â Electric
utility to adopt commercial energy conservation services program
469.870Â Â Â Â Application
of ORS 469.865, 469.870 and 469.900 (1) to electric utility
469.875Â Â Â Â Fee
for gas utility audit
469.878Â Â Â Â Alternative
fuels program
469.880Â Â Â Â Energy
audit program; rules
469.885Â Â Â Â Publicly
owned utility to adopt commercial energy audit program; fee
469.890Â Â Â Â Publicly
owned utility to adopt commercial energy conservation program; fees; rules
469.895Â Â Â Â Application
of ORS 469.890 to 469.900 to publicly owned utility
469.900Â Â Â Â Duty
of commission to avoid conflict with federal requirements
NORTHWEST INTERSTATE COMPACT ON LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT
469.930Â Â Â Â Northwest
Interstate Compact on Low-Level Radioactive Waste Management
POWER COSTS AND RATES
469.950Â Â Â Â Authority
to enter into interstate cooperative agreements to control power costs and
rates; Bonneville Power Administration
PENALTIES
469.990Â Â Â Â Penalties
469.992Â Â Â Â Civil
penalties
469.994Â Â Â Â Civil
penalty when contractor certificate revoked
GENERAL PROVISIONS
     469.010
Policy. The Legislative
Assembly finds and declares that:
     (1) Continued growth in demand for
nonrenewable energy forms poses a serious and immediate, as well as future,
problem. It is essential that future generations not be left a legacy of
vanished or depleted resources, resulting in massive environmental, social and
financial impact.
     (2) It is the goal of
     (a) That development and use of a diverse
array of permanently sustainable energy resources be encouraged utilizing to
the highest degree possible the private sector of our free enterprise system.
     (b) That through state government example
and other effective communications, energy conservation and elimination of
wasteful and uneconomical uses of energy and materials be promoted. This
conservation must include, but not be limited to, resource recovery and
materials recycling.
     (c) That the basic human needs of every
citizen, present and future, shall be given priority in the allocation of energy
resources, commensurate with perpetuation of a free and productive economy with
special attention to the preservation and enhancement of environmental quality.
     (d) That state government assist every
citizen and industry in adjusting to a diminished availability of energy.
     (e) That energy-efficient modes of
transportation for people and goods shall be encouraged, while
energy-inefficient modes of transportation shall be discouraged.
     (f) That cost-effectiveness be considered
in state agency decision-making relating to energy sources, facilities or
conservation, and that cost-effectiveness be considered in all agency
decision-making relating to energy facilities.
     (g) That state government shall provide a
source of impartial and objective information in order that this energy policy
may be enhanced. [1975 c.606 §1; 1979 c.723 §1]
     469.020
Definitions. As used in ORS
176.820, 469.010 to 469.225, 469.860 (3), 469.880 to 469.895, 469.900 (3),
469.990, 469.992, 757.710 and 757.720, unless the context requires otherwise:
     (1) “Agency” includes a department or
other agency of state government, city, county, municipal corporation,
political subdivision, port, peopleÂ’s utility district, joint operating agency
and electric cooperative.
     (2) “Coal supplier” means any person
engaged in the wholesale distribution in this state of coal intended for use in
this state for an energy facility.
     (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 under this definition shall include but
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) “Council” means the Energy Facility
Siting Council established under ORS 469.450.
     (5) “Department” means the State
Department of Energy created under ORS 469.030.
     (6) “Director” means the Director of the
State Department of Energy appointed under ORS 469.040.
     (7) “Energy facility” has the meaning
given in ORS 469.300.
     (8) “Energy generation area” means an area
within which the effects of two or more small generating plants may accumulate
so the small generating plants have effects of a magnitude similar to a single
generating plant of 25 megawatts or more. An energy generation area for
facilities using a geothermal resource and covered by a unit agreement, as
provided in ORS 522.405 to 522.545 or by federal law, shall be defined in that
unit agreement. If no such unit agreement exists, an energy generation area for
facilities using a geothermal resource shall be the area that is within two
miles, measured from the electrical generating equipment of the facility, of an
existing or proposed geothermal electric power generating plant, not including
the site of any other such plant not owned or controlled by the same person.
     (9) “Geothermal reservoir” means an
aquifer or aquifers containing a common geothermal fluid.
     (10) “Nominal electric generating capacity”
has the meaning given in ORS 469.300.
     (11) “Person” means an individual,
partnership, joint venture, private or public corporation, association, firm,
public service company, political subdivision, municipal corporation,
government agency, peopleÂ’s utility district, or any other entity, public or
private, however organized.
     (12) “Petroleum supplier” means a
petroleum refiner in this state, or any person engaged in the wholesale
distribution of crude petroleum or derivative thereof or of propane in this
state.
     (13) “Related or supporting facilities”
means any structure, proposed by the applicant, to be constructed or
substantially modified in connection with the construction of an energy
facility, including associated transmission lines, reservoirs, storage
facilities, intake structure, road and rail access, pipelines, barge basins,
office or public buildings, and commercial and industrial structures. “Related
or supporting facilities” does not include geothermal or underground gas
storage reservoirs, production, injection or monitoring wells or wellhead
equipment or pumps.
     (14) “Site” means a proposed location of
an energy facility, and its related or supporting facilities.
     (15) “Thermal power plant” has the meaning
given that term by ORS 469.300.
     (16) “Utility” includes:
     (a) An individual, a regulated electrical
company, a peopleÂ’s utility district, a joint operating agency, an electric
cooperative, municipality or any combination thereof, engaged in or authorized
to engage in the business of generating, transmitting or distributing electric
energy;
     (b) A person or public agency generating
electric energy from an energy facility for its own consumption; and
     (c) A person engaged in this state in the
transmission or distribution of natural or synthetic gas. [1975 c.606 §2; 1977 c.794
§1; 1979 c.723 §2; 1981 c.629 §1; 1981 c.792 §1; 1991 c.480 §3; 1993 c.569 §1;
1995 c.505 §4; 1995 c.551 §2; 2003 c.186 §16]
STATE
DEPARTMENT OF ENERGY; ADMINISTRATION
     469.030
State Department of Energy; duties. (1) There is created the State Department of Energy.
     (2) The State Department of Energy shall:
     (a) Be the central repository within the
state government for the collection of data on energy resources;
     (b) Endeavor to utilize all public and
private sources to inform and educate the public about energy problems and ways
in which the public can conserve energy resources;
     (c) Engage in research, but whenever
possible, contract with appropriate public or private agencies and dispense
funds for research projects and other services related to energy resources,
except that the State Department of Energy shall endeavor to avoid duplication
of research whether completed or in progress;
     (d) Qualify for, accept and disburse or
utilize any private or federal moneys or services available for the administration
of ORS 176.820, 192.501 to 192.505, 192.690, 469.010 to 469.225, 469.300 to
469.563, 469.990, 757.710 and 757.720;
     (e) Administer federal and state energy
allocation and conservation programs and energy research and development
programs and apply for and receive available funds therefor;
     (f) Be a clearinghouse for energy research
to which all agencies shall send information on all energy related research;
     (g) Prepare contingent energy programs to
include all forms of energy not otherwise provided pursuant to ORS 757.710 and
757.720;
     (h) Maintain an inventory of energy
research projects in
     (i) Collect, compile and analyze energy
statistics, data and information;
     (j) Contract with public and private
agencies for energy activities consistent with ORS 469.010 and this section;
and
     (k) Upon request of the governing body of
any affected jurisdiction, coordinate a public review of a proposed
transmission line according to the provisions of ORS 469.442. [1975 c.606 §4;
1981 c.792 §2; 1987 c.200 §4; 1993 c.569 §2; 1995 c.551 §3; 1999 c.934 §5; 1999
c.1043 §9; 2003 c.186 §1]
     469.040
Director; duties; appointment; rules. (1) The State Department of Energy shall be under the supervision of
the Director of the State Department of Energy, who shall:
     (a) Supervise the day-to-day functions of
the State Department of Energy;
     (b) Supervise and facilitate the work and
research on energy facility siting applications at the direction of the Energy
Facility Siting Council;
     (c) Hire, assign, reassign and coordinate
personnel of the State Department of Energy, prescribe their duties and fix
their compensation, subject to the State Personnel Relations Law; and
     (d) Adopt rules and issue orders to carry
out the duties of the director and the State Department of Energy in accordance
with ORS chapter 183 and the policy stated in ORS 469.010.
     (2) The director may delegate to any
officer or employee the exercise and discharge in the directorÂ’s name of any
power, duty or function of whatever character vested in the director by law.
The official act of any person acting in the directorÂ’s name and by the
directorÂ’s authority shall be considered an official act of the director.
     (3) The director shall be appointed by the
Governor. [1975 c.606 §5; 1985 c.593 §1; 1993 c.496 §3; 1995 c.551 §4; 1999
c.934 §6; 1999 c.1043 §10; 2003 c.186 §3]
     469.050
Limitations on subsequent employment of director; sanctions. (1) A person who has been the Director of
the State Department of Energy shall not, within two years after the person
ceases to be the director, be an employee of:
     (a) An owner or operator of an energy
facility;
     (b) An applicant for a site certificate;
or
     (c) Any person who engages in the sale or
manufacture of any energy resource or of any major component of an energy
facility in
     (2) Employment of any individual in
violation of subsection (1)(a) or (b) of this section shall be grounds for the
revocation of any license issued by this state or any agency thereof and held
by the person that employs such individual. [1975 c.606 §§6,7]
     469.055
Authority of department to require fingerprints. For the purpose of requesting a state or
nationwide criminal records check under ORS 181.534, the State Department of
Energy may require the fingerprints of a person who:
     (1)(a) Is employed or applying for
employment by the department; or
     (b) Provides services or seeks to provide
services to the department as a contractor or volunteer; and
     (2) Is, or will be, working or providing
services in a position:
     (a) In the
     (b) In which the person conducts energy
audits in schools, colleges, universities or medical facilities;
     (c) In the budget and finance section of
the department;
     (d) That has personnel or human resources
functions as one of the positionÂ’s primary responsibilities;
     (e) In which the person is providing
information technology services and has control over, or access to, information
technology systems that would allow the person to harm the information technology
systems or the information contained in the systems;
     (f) In which the person has access to
personal information about employees or members of the public including Social
Security numbers, dates of birth, driver license numbers or criminal background
information; or
     (g) In which the person has access to tax
or financial information about individuals or business entities or processes
tax credits. [2005 c.730 §7]
     Note: 469.055 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 469 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     469.060
Comprehensive energy plan; energy pricing structures research. (1) Every odd-numbered year, the State Department
of Energy shall transmit to the Governor and the Legislative Assembly a
comprehensive plan including comments on the energy forecasts of the utilities
and on the departmentÂ’s independent analysis and evaluation. The plan shall be
designed to identify emerging trends related to energy supply, need and
conservation and public health and safety factors, to estimate the level of
statewide energy need for each year in the forthcoming five-year period and for
the 10th and 20th year following issuance of the plan.
     (2) Notwithstanding ORS 469.030 (2)(c),
the department shall conduct research into all energy pricing structures,
relating price to consumption and considering the interchangeability of the
various energy forms. In conducting the research, the department shall consider
matters including, but not limited to, price elasticity, cross elasticity of
demand and energy rate structures, as well as the rate structure studies of the
Public Utility Commission. This research shall be submitted biennially to the
Legislative Assembly and the Governor as a part of the plan described in
subsection (1) of this section.
     (3) Consistent with the legislatively
approved budget, the plan described in subsections (1) and (2) of this section
shall include, but not be limited to:
     (a) An inventory of existing energy
resources available to
     (b) An estimation of the potential
contribution that various energy resources could make in satisfying
     (c) Recommendations for state and local
governments to assist in the development and maximum use of cost-effective
conservation and renewable resources, consistent with the policy stated in ORS
469.010 and, where appropriate, the energy plan and fish and wildlife program
adopted by the Pacific Northwest Electric Power and Conservation Planning
Council pursuant to P.L. 96-501.
     (d) Recommendations for proposed research,
development and demonstration projects and programs necessary to evaluate the
availability and cost-effectiveness of conservation and renewable resources in
     (4) The plan described in this section
shall be compiled by organizing and refining data acquired by the department in
the performance of its existing duties. [1975 c.606 §8; 1983 c.273 §1; 1989
c.466 §1; 1995 c.505 §5; 1995 c.551 §19a]
     469.070
Energy forecast; contents; fees. (1) At least biennially the State Department of Energy shall issue a
forecast on the energy situation as it affects
     (a) Energy demand and the resources available
to meet that demand; and
     (b) Impacts of conservation and new
technology, increased efficiency of present energy facilities, additions to
present facilities, and construction of new facilities, on the availability of
energy to
     (2) The forecast shall include summary
forecasts for:
     (a) Each of the first five years
immediately following issuance of the forecast; and
     (b) The 10th and 20th year following the
issuance of the forecast.
     (3) The forecast shall identify all major
components of demand and any anticipated increase in demand, including but not
limited to population, commercial, agricultural and industrial growth.
     (4) The State Department of Energy, by
July 1 of each even-numbered year, shall issue a statement setting forth the
methodology and assumptions it intends to employ in preparing the forthcoming
forecast, any changes in the preceding forecast, and an outline of the contents
of the biennial plan to be published by the department on the following January
1, and not later than the 45th day thereafter, commence public hearings
thereon.
     (5) All state agencies, energy suppliers,
owners of energy facilities, and other persons whom the Director of the State
Department of Energy believes have an interest in the subject or who have
applied to the director therefor, shall be supplied a copy of the statement
issued by the department on July 1 of each even-numbered year. The director may
charge a reasonable fee for a copy of this statement not to exceed the cost
thereof.
     (6) After the public hearings required by
subsection (4) of this section, but not later than January 1 following the
issuance of its statement, the department shall issue the forecast required by
subsection (1) of this section.
     (7) The forecast shall be included within
the plan provided for in ORS 469.060 (1). [1975 c.606 §9; 1977 c.794 §3; 1983
c.273 §2; 2003 c.186 §17]
     469.080
Energy resource information; subpoena power; depositions; limitations on
obtaining information; protection from abuse. (1) The Director of the State Department of Energy may obtain all
necessary information from producers, suppliers and consumers of energy
resources within
     (a) Sales volume;
     (b) Forecasts of energy resource
requirements;
     (c) Inventory of energy resources; and
     (d) Local distribution patterns of
information under paragraphs (a) to (c) of this subsection.
     (2) In obtaining information under
subsection (1) of this section, the director, with the written consent of the
Governor, may subpoena witnesses, material and relevant books, papers,
accounts, records and memoranda, administer oaths, and may cause the
depositions of persons residing within or without Oregon to be taken in the
manner prescribed for depositions in civil actions in circuit courts, to obtain
information relevant to energy resources.
     (3) In obtaining information under this
section, the director:
     (a) Shall avoid eliciting information
already furnished by a person or political subdivision in this state to a
federal, state or local regulatory authority that is available to the director
for such study; and
     (b) Shall cause reporting procedures,
including forms, to conform to existing requirements of federal, state and
local regulatory authorities.
     (4) Any person who is served with a
subpoena to give testimony orally or in writing or to produce books, papers,
correspondence, memoranda, agreements or the documents or records as provided
in ORS 176.820, 192.501 to 192.505, 192.690, 469.010 to 469.225, 469.300 to
469.563, 469.990, 469.992, 757.710 and 757.720, may apply to any circuit court
in Oregon for protection against abuse or hardship in the manner provided in
ORCP 36 C. [1975 c.606 §18; 1977 c.358 §9; 1977 c.794 §4a; 1979 c.284 §154;
2003 c.186 §18]
     469.085
Procedure for imposing civil penalties; rules. (1) Except as otherwise provided in this
section, civil penalties under ORS 469.992 shall be imposed as provided in ORS
183.745.
     (2) Notwithstanding ORS 183.745 (2), the
notice to the person against whom a civil penalty is to be imposed shall
reflect a complete statement of the consideration given to the factors listed
in subsection (7) of this section. The notice may be served by either the
Director of the State Department of Energy or the Energy Facility Siting
Council.
     (3) Notwithstanding ORS 183.745, if a
hearing is not requested or if the person requesting a hearing fails to appear,
a final order shall be entered upon a prima facie case made on the record of
the agency.
     (4) The provisions of this section are in
addition to and not in lieu of any other penalty or sanction provided by law.
An action taken by the director or the council under this section may be joined
by the director or the council with any other action against the same person
under this chapter.
     (5) Any civil penalty recovered under this
section shall be paid into the General Fund.
     (6) The director or the council shall
adopt by rule a schedule of the amount of civil penalty that may be imposed for
a particular violation.
     (7) In imposing a penalty under ORS
469.992, the director or the council shall consider:
     (a) The past history of the person
incurring a penalty in taking all feasible steps or procedures necessary or
appropriate to correct or prevent any violation;
     (b) Any prior violations of ORS chapter
469 or rules, orders or permits relating to the alleged violation;
     (c) The impact of the violation on public
health and safety or public interests in fishery, navigation and recreation;
     (d) Any other factors determined by the
director or the council to be relevant; and
     (e) The alleged violator’s cooperativeness
and effort to correct the violation.
     (8) The penalty imposed under ORS 469.992
may be remitted or mitigated upon such terms and conditions as the director or
council determines to be proper. Upon the request of the person incurring the
penalty, the director or council shall consider evidence of the economic and
financial condition of the person in determining whether a penalty shall be
remitted or mitigated. [1991 c.480 §2; 1991 c.734 §106; 2003 c.186 §19]
     469.090
Confidentiality of information submitted under ORS 469.080. (1) Information furnished under ORS 469.080
shall be confidential and maintained as such, if so requested by the person
providing the information, if the information meets one of the following
requirements:
     (a) The information is proprietary in
nature; or
     (b) The information consists of geological
and geophysical information and data, including maps, concerning oil, gas or
geothermal resource wells.
     (2) Nothing in this section prohibits the
use of confidential information to prepare statistics or other general data for
publication, so presented as to prevent identification of particular persons. [1975
c.606 §19]
     469.095 [1979 c.561 §9; repealed by 1993 c.475 §3]
     469.097
Duty to monitor industry progress in energy conservation. The State Department of Energy shall to the
extent permitted by its resources monitor industry progress in achieving energy
conservation. [1981 c.865 §3; 1987 c.158 §96]
     469.100
Agency consideration of legislative policy; agency review of rules. (1) All agencies shall consider the policy
stated in ORS 469.010 in adopting or modifying their rules and policies.
     (2) All agencies shall review their rules
and policies to determine their consistency with the policy stated in ORS
469.010. [1975 c.606 §3; 1995 c.551 §20]
     469.110
Dealings with federal government; intervention by State Department of Energy in
agency action. (1) As to any
matter involving the federal government, its departments or agencies, which is
within the scope of the power and duties of the State Department of Energy, the
department may represent its interest or, upon request, may represent the
interest of any county, city, state agency, special district or owner or
operator of any energy facility.
     (2) The department may intervene in any
proceeding undertaken by an agency for the purpose of expressing its views as
to the effect of an agency action, upon state energy resources and state energy
policy. [1975 c.606 §12]
     469.120
State Department of Energy Account; appropriation; record of moneys. (1) The State Department of Energy Account
is established.
     (2) All funds received by the State
Department of Energy pursuant to law shall be paid into the State Treasury and
credited to the State Department of Energy Account. All moneys in the account
are continuously appropriated to the State Department of Energy for payment of
expenses of the State Department of Energy, the Oregon Department of
Administrative Services and the Energy Facility Siting Council.
     (3) The Director of the State Department
of Energy shall keep a record of all moneys deposited in the State Department
of Energy Account. The record shall indicate by special cumulative accounts the
source from which moneys are derived and the individual activity against which
each withdrawal is charged. [1975 c.606 §13; 1995 c.551 §5; 2003 c.186 §7]
     469.130 [1975 c.606 §47; 1977 c.794 §5; 1977 c.891 §10;
1987 c.879 §16; repealed by 1995 c.551 §21]
     469.135
Energy Conservation Clearinghouse for Commerce and Industry. The State Department of Energy shall expand
the Energy Conservation Clearinghouse for Commerce and Industry so that it
provides:
     (1) Current information to business and
industry on:
     (a) State and federal financing
mechanisms;
     (b) Tax advantages of energy conservation
investments; and
     (c) General economic advantages of energy
conservation investments.
     (2) Teaching on conservation techniques
and management of energy by corporations. [1981 c.865 §2]
     469.140 [1975 c.606 §48; repealed by 1977 c.794 §6]
     469.150
Energy suppliers to provide conservation services and information; rules. (1) As used in this section “energy
conservation services” means services provided by energy suppliers to educate
and inform customers and the public about energy conservation. Such services include
but are not limited to providing answers to questions concerning energy saving
devices and providing inspections and making suggestions concerning the
construction and siting of buildings and residences.
     (2) Energy suppliers other than public
utilities as defined in ORS 757.005, that produce, transmit, deliver or furnish
heat, light or power shall establish energy conservation services and shall
provide energy conservation information to customers and to the public. The
services shall be performed in accordance with such guidelines as the Director
of the State Department of Energy may by rule prescribe.
     (3) As used in this section “energy
supplier” means a publicly owned utility or fuel oil dealer which supplies
electricity or fuel oil for the space heating of dwellings. [1977 c.887 §13]
     469.155
Advisory energy conservation standards for dwellings; rules. (1) As used in this section:
     (a) “Dwelling” means real or personal
property inhabited as the principal residence of an owner or renter. “Dwelling”
includes a manufactured dwelling as defined in ORS 446.003, a floating home as
defined in ORS 830.700 and multiple unit residential housing. “Dwelling” does
not include a recreational vehicle as defined in ORS 446.003.
     (b) “Energy conservation standards” means
standards for the efficient use of energy for space and water heating in a
dwelling.
     (2) The Director of the State Department
of Energy shall establish advisory energy conservation standards for existing
dwellings. The standards shall be adopted by rule in accordance with ORS
183.310 to 183.410. The standards:
     (a) Shall take cost-effectiveness into
account; and
     (b) Shall be compatible with and further
the stateÂ’s incentive programs for residential energy conservation.
     (3) The director shall publicize the
energy conservation standards and encourage home owners to voluntarily comply
with the standards. [1981 c.565 §2; 1987 c.158 §97; 1989 c.648 §65; 2003 c.186 §20]
     469.157 [1981 c.746 §7; repealed by 1995 c.79 §287]
ALTERNATIVE
ENERGY DEVICES
     469.160
Definitions for ORS 469.160 to 469.180; rules. As used in ORS 316.116, 317.115 and 469.160
to 469.180:
     (1) “Alternative energy device” means a
category one alternative energy device or a category two alternative energy
device.
     (2) “Alternative fuel device” means any of
the following:
     (a) An alternative fuel vehicle;
     (b) Related equipment; or
     (c) A fueling station necessary to operate
an alternative fuel vehicle.
     (3) “Alternative fuel vehicle” means a
motor vehicle as defined in ORS 801.360 that is:
     (a) Registered in this state; and
     (b) Manufactured or modified to use an
alternative fuel, including but not limited to electricity, natural gas,
ethanol, methanol, propane and any other fuel approved in rules adopted by the
Director of the State Department of Energy that produces less exhaust emissions
than vehicles fueled by gasoline or diesel. Determination that a vehicle is an
alternative fuel vehicle shall be made without regard to energy consumption
savings.
     (4) “Category one alternative energy
device” means:
     (a) Any system, mechanism or series of
mechanisms that uses solar radiation for space heating or cooling for one or
more dwellings;
     (b) Any system that uses solar radiation
for:
     (A) Domestic water heating; or
     (B) Swimming pool, spa or hot tub heating
and that meets the requirements set forth in ORS 316.116;
     (c) A ground water heat pump and ground
loop system;
     (d) Any wind powered device used to offset
or supplement the use of electricity by performing a specific task such as
pumping water;
     (e) Equipment used in the production of
alternative fuels;
     (f) A generator powered by alternative
fuels and used to produce electricity;
     (g) An energy efficient appliance;
     (h) An alternative fuel device; or
     (i) A premium efficiency biomass combustion
device that includes a dedicated outside combustion air source and that meets
minimum performance standards that are established by the State Department of
Energy.
     (5) “Category two alternative energy
device” means a fuel cell system, solar electric system or wind electric
system.
     (6) “Coefficient of performance” means the
ratio calculated by dividing the usable output energy by the electrical input
energy. Both energy values must be expressed in equivalent units.
     (7) “Contractor” means a person whose
trade or business consists of offering for sale an alternative energy device,
construction service, installation service or design service.
     (8)(a) “Cost” means the actual cost of the
acquisition, construction and installation of the alternative energy device
paid by the taxpayer for the alternative energy device.
     (b) For an alternative fuel vehicle, “cost”
means the difference between the cost of the alternative fuel vehicle and the
same vehicle or functionally similar vehicle manufactured to use conventional
gasoline or diesel fuel or, in the case of modification of an existing vehicle,
the cost of the modification. “Cost” does not include any amounts paid for
remodification of the same vehicle.
     (c) For a fueling station necessary to
operate an alternative fuel vehicle, “cost” means the cost to the contractor of
constructing or installing the fueling station in a dwelling and of making the
fuel station operational in accordance with the specifications issued under ORS
469.160 to 469.180 and any rules adopted by the Director of the State
Department of Energy.
     (d) For related equipment, “cost” means
the cost of the related equipment and any modifications or additions to the
related equipment necessary to prepare the related equipment for use in converting
a vehicle to alternative fuel use.
     (9) “Domestic water heating” means the
heating of water used in a dwelling for bathing, clothes washing, dishwashing
and other related functions.
     (10) “Dwelling” means real or personal
property ordinarily inhabited as a principal or secondary residence and located
within this state. “Dwelling” includes, but is not limited to, an individual
unit within multiple unit residential housing.
     (11) “Energy efficient appliance” means a
clothes washer, clothes dryer, water heater, refrigerator, freezer, dishwasher,
appliance designed to heat or cool a dwelling or other major household
appliance that has been certified by the State Department of Energy to have
premium energy efficiency characteristics.
     (12) “First year energy yield” of an
alternative energy device is the usable energy produced under average
environmental conditions in one year.
     (13) “Fuel cell system” means any system,
mechanism or series of mechanisms that uses fuel cells or fuel cell technology
to generate electrical energy for a dwelling.
     (14) “Fueling station” includes but is not
limited to a compressed natural gas compressor fueling system or an electric
charging system for vehicle power battery charging.
     (15) “Placed in service” means:
     (a) The date an alternative energy device
is ready and available to produce usable energy or save energy.
     (b) For an alternative fuel vehicle:
     (A) In the case of purchase, the date that
the alternative fuel vehicle is first purchased as an alternative fuel vehicle
ready and available for use.
     (B) In the case of modification, the date
that the modification is completed and the vehicle is ready and available for
use as an alternative fuel vehicle.
     (c) For a fueling station necessary to
operate an alternative fuel vehicle, the date that the fueling station is first
operational.
     (d) For related equipment, the date that
the equipment is first operational.
     (16) “Related equipment” means equipment
necessary to convert a vehicle to use an alternative fuel.
     (17) “Solar electric system” means any
system, mechanism or series of mechanisms, including photovoltaic systems, that
uses solar radiation to generate electrical energy for a dwelling.
     (18) “Wind electric system” means any
system, mechanism or series of mechanisms that uses wind to generate electrical
energy for a dwelling. [1977 c.196 §2; 1979 c.670 §3; 1981 c.894 §4; 1983 c.346
§1; 1983 c.768 §2; 1987 c.492 §2; 1989 c.880 §1; 1995 c.746 §19a; 1997 c.534 §4;
1999 c.510 §1; 2001 c.584 §5; 2005 c.832 §6; 2007 c.843 §28]
     Note: Section 36, chapter 843, Oregon Laws 2007,
provides:
     Sec.
36. The amendments to ORS
316.116, 469.160, 469.165, 469.170, 469.172, 469.176 and 469.180 and section
5a, chapter 832, Oregon Laws 2005, by sections 28 to 35 of this 2007 Act apply
to alternative energy devices constructed or installed on or after January 1,
2007. [2007 c.843 §36]
     469.165
Rules; federal standards.
(1) For the purposes of carrying out ORS 469.160 to 469.180, the State
Department of Energy may adopt rules prescribing minimum performance criteria
for alternative energy devices for dwellings.
     (2) The department, in adopting rules
under this section for solar heating and cooling systems, shall take into
consideration applicable standards of federal performance criteria prescribed
pursuant to the provisions of section 5506, title 42, United States Code (Solar
Heating and Cooling Act of 1974).
     (3) The Director of the State Department
of Energy shall adopt rules governing the determination of eligibility,
verification and certification of an alternative fuel device for purposes of
the tax credits granted under ORS 316.116 and 317.115, including but not
limited to rules that further define an alternative fuel vehicle, related
equipment or fueling station necessary to operate an alternative fuel vehicle,
that govern the computation of costs eligible for credit and that require
equitable allocation of the tax credit benefits between the lessor and the
lessee of an alternative fuel vehicle as a condition of tax credit eligibility.
[1977 c.196 §3; 1989 c.880 §2; 1997 c.534 §5; 2005 c.832 §7; 2007 c.843 §30]
     Note: See note under 469.160.
     469.170
Claim for tax credits; rules; eligibility; contents; contractor system
certification. (1) Any
person may claim a tax credit under ORS 316.116 (or ORS 317.115, if the person
is a corporation) if the person:
     (a) Meets the requirements of ORS 316.116
(or ORS 317.115, if applicable);
     (b) Meets the requirements of ORS 469.160
to 469.180; and
     (c) Pays, subject to subsection (9) of
this section, all or a portion of the costs of an alternative energy device.
     (2) A credit under ORS 317.115 may be
claimed only if the alternative energy device is a fueling station necessary to
operate an alternative fuel vehicle.
     (3)(a) In order to be eligible for a tax credit
under ORS 316.116 or 317.115, a person claiming a tax credit for construction
or installation of an alternative energy device (including a fueling station)
shall have the device certified by the State Department of Energy or
constructed or installed by a contractor certified by the department under
subsection (5) of this section. This paragraph does not apply to an alternative
fuel vehicle or to related equipment.
     (b) Certification of an alternative fuel
vehicle or related equipment shall be accomplished under rules that shall be
adopted by the Director of the State Department of Energy.
     (4) Verification of the purchase,
construction or installation of an alternative energy device shall be made in
writing on a form provided by the Department of Revenue and, if applicable,
shall contain:
     (a) The location of the alternative energy
device;
     (b) A description of the type of device;
     (c) If the device was constructed or
installed by a contractor, evidence that the contractor has any license, bond,
insurance and permit required to sell and construct or install the alternative
energy device;
     (d) If the device was constructed or
installed by a contractor, a statement signed by the contractor that the
applicant has received:
     (A) A statement of the reasonably expected
energy savings of the device;
     (B) A copy of consumer information
published by the State Department of Energy;
     (C) An operating manual for the
alternative energy device; and
     (D) A copy of the contractor’s
certification certificate or alternative energy device system certificate for
the alternative energy device, as appropriate;
     (e) If the device was not constructed or
installed by a contractor, evidence that:
     (A) The State Department of Energy has
issued an alternative energy device system certificate for the alternative
energy device; and
     (B) The taxpayer has obtained all building
permits required for construction or installation of the device;
     (f) A statement, signed by both the
taxpayer claiming the credit and the contractor if the device was constructed
or installed by a contractor, that the construction or installation meets all
the requirements of ORS 469.160 to 469.180 or, if the device is a fueling
station and the taxpayer is the contractor, a statement signed by the
contractor that the construction or installation meets all of the requirements
of ORS 469.160 to 469.180;
     (g) The date the alternative energy device
was purchased;
     (h) The date the alternative energy device
was placed in service; and
     (i) Any other information that the Director
of the State Department of Energy or the Department of Revenue determines is
necessary.
     (5)(a) When the State Department of Energy
finds that an alternative energy device can meet the standards adopted under
ORS 469.165, the Director of the State Department of Energy may issue a
contractor system certification to the person selling and constructing or
installing the alternative energy device.
     (b) Any person who sells or installs more
than 12 alternative energy devices in one year shall apply for a contractor
system certification. An application for a contractor system certification
shall be made in writing on a form provided by the State Department of Energy
and shall contain:
     (A) A statement that the contractor has
any license, bonding, insurance and permit that is required for the sale and
construction or installation of the alternative energy device;
     (B) A specific description of the
alternative energy device, including, but not limited to, the material,
equipment and mechanism used in the device, operating procedure, sizing and
siting method and construction or installation procedure;
     (C) The addresses of three installations
of the device that are available for inspection by the State Department of
Energy;
     (D) The range of installed costs to purchasers
of the device;
     (E) Any important construction,
installation or operating instructions; and
     (F) Any other information that the State
Department of Energy determines is necessary.
     (c) A new application for contractor
system approval shall be filed when there is a change in the information
supplied under paragraph (b) of this subsection.
     (d) The State Department of Energy may
issue contractor system certificates to each contractor who on October 3, 1989,
has a valid dealer system certification, which shall authorize the sale and
installation of the same domestic water heating alternative energy devices
authorized by the dealer certification.
     (e) If the State Department of Energy
finds that an alternative energy device can meet the standards adopted under
ORS 469.165, the Director of the State Department of Energy may issue an
alternative energy device system certificate to the taxpayer constructing or
installing or having an alternative energy device constructed or installed.
     (f) An application for an alternative
energy device system certificate shall be made in writing on a form provided by
the State Department of Energy and shall contain:
     (A) A specific description of the
alternative energy device, including, but not limited to, the material, equipment
and mechanism used in the device, operating procedure, sizing, siting method
and construction or installation procedure;
     (B) The constructed or installed cost of
the device; and
     (C) A statement that the taxpayer has all
permits required for construction or installation of the device.
     (6) To claim the tax credit, the
verification form described in subsection (4) of this section shall be
submitted with the taxpayerÂ’s tax return for the year the alternative energy
device is placed in service or the immediately succeeding tax year. A copy of
the contractorÂ’s certification certificate, alternative energy device system
certificate or alternative fuel vehicle or related equipment certificate also
shall be submitted.
     (7) The verification form and contractor’s
certificate, alternative energy device system certificate or alternative fuel
vehicle or related equipment certificate described under this section shall be
effective for purposes of tax relief allowed under ORS 316.116 or 317.115.
     (8) The verification form and contractor’s
certificate described under this section may be transferred to the first
purchaser of a dwelling or, in the case of construction or installation of a
fueling station in an existing dwelling, the current owner, who intends to use
or is using the dwelling as a principal or secondary residence.
     (9) Any person that pays the present value
of the tax credit for an alternative energy device provided under ORS 316.116
or 317.115 and 469.160 to 469.180 to the person who constructs or installs the
alternative energy device shall be entitled to claim the credit in the manner
and subject to rules adopted by the Department of Revenue to carry out the
purposes of this subsection. The State Department of Energy may establish by
rule uniform discount rates to be used in calculating the present value of a
tax credit under this subsection. [1977 c.196 §4; 1979 c.670 §4; 1981 c.894 §5;
1983 c.346 §2; 1987 c.492 §3; 1989 c.880 §3; 1995 c.746 §20; 1997 c.534 §6;
1999 c.21 §78; 2001 c.584 §6; 2003 c.186 §21; 2005 c.832 §8; 2007 c.843 §31]
     Note: See note under 469.160.
     Note: Section 8a, chapter 832, Oregon Laws 2005,
provides:
     Sec.
8a. The State Department of
Energy may not issue a contractorÂ’s certification certificate, alternative
energy device system certificate or alternative fuel vehicle or related
equipment certificate under ORS 469.170 on or after January 1, 2016. [2005
c.832 §8a]
     469.171
Transfer of tax credit for alternative fuel vehicle; rules. (1) The owner of an alternative fuel vehicle
as defined in ORS 469.160 may transfer a tax credit otherwise allowed under ORS
316.116 for cost of the vehicle in exchange for a cash payment equal to the
present value of the tax credit.
     (2) The State Department of Energy may
establish by rule uniform discount rates to be used in calculating the present
value of a tax credit under this section. [1999 c.765 §2]
     469.172
Ineligible devices; rules.
The following devices are not eligible for the tax credit under ORS 316.116:
     (1) Standard efficiency furnaces;
     (2) Standard back-up heating systems;
     (3) Woodstoves or wood furnaces, or any
part of a heating system that burns wood, unless the woodstove, furnace or
system constitutes a premium efficiency biomass combustion device described in
ORS 469.160 (4)(i);
     (4) Heat pump water heaters that are part
of a geothermal heat pump space heating system;
     (5) Structures that cover or enclose a
swimming pool;
     (6) Swimming pools, hot tubs or spas used
to store heat;
     (7) Above ground, uninsulated swimming
pools, hot tubs or spas;
     (8) Photovoltaic systems installed on
recreational vehicles;
     (9) Conversion of an existing alternative
energy device to another type of alternative energy device;
     (10) Repair or replacement of an existing
alternative energy device;
     (11) A category two alternative energy
device, if the equipment or other property that comprises the category two
alternative energy device is the basis for an allowed credit for a category one
alternative energy device under ORS 316.116;
     (12) A category one alternative energy
device, if the equipment or other property that comprises the category one
alternative energy device is also the basis for an allowed credit for a
category two alternative energy device under ORS 316.116; or
     (13) Any other device identified by the
State Department of Energy. The department may adopt rules defining standards
for eligible and ineligible devices under this section. [1989 c.880 §7; 1995
c.746 §20a; 1999 c.510 §2; 2001 c.584 §7; 2005 c.832 §9; 2007 c.843 §32]
     Note: See note under 469.160.
     469.175 [1977 c.196 §5; 1979 c.670 §5; 1981 c.894 §6;
1983 c.346 §3; 1987 c.492 §4; repealed by 1989 c.880 §4 (469.176 enacted in
lieu of 469.175)]
     469.176
Performance assumptions and prescriptive measures for tax credits. (1) Except for alternative fuel vehicles or
related equipment, in order to carry out ORS 469.160 to 469.180, the State
Department of Energy shall develop performance assumptions and prescriptive
measures to determine the eligibility and tax credit amount for alternative
energy devices constructed or installed in a dwelling.
     (2) The department shall use the
performance assumptions and prescriptive measures to develop information for
the Department of Revenue to use to allow taxpayers to determine their
eligibility and tax credit amount. The State Department of Energy may review
this information on an annual basis to take into consideration new technology
and performance assumption accuracy.
     (3) For the purpose of determining the
first year energy yield of an alternative energy device, the department shall
use the following assumptions and test standards:
     (a) Solar Rating and Certification
Corporation standard SRCC 100, 200, American Society of Heating, Refrigerating
and Air-Conditioning Engineers 93-77, or the American Refrigeration Institute
standard 325-85 test at 50 degrees entering water temperature, as appropriate.
The testing requirements under this paragraph shall not apply to an owner-built
alternative energy device.
     (b) For an alternative energy device used
as a source for domestic water heating energy, a hot water use of 75 gallons
per day at 120 degrees Fahrenheit. The load of 75 gallons per day at 120
degrees Fahrenheit shall be achieved by including conservation measures in the
construction or installation of the alternative energy device.
     (c) For an alternative energy device used
as a source for space heating or cooling, the heating or cooling energy load as
determined by a heat loss or gain calculation performed in accordance with the
methods established by the American Society of Heating, Refrigerating and
Air-Conditioning Engineers. Except for an owner-built or site-built system, an
alternative energy device used as a source for domestic hot water heating must
meet the SRCC OG 300 systems test or comply with comparable requirements as
determined by the department.
     (d) For an alternative energy device used
as a source for electrical energy, the first year energy yield shall be based
upon the electrical energy load of the dwelling as determined according to the
procedure established by the department.
     (e) For an alternative energy device used
as a source for swimming pool, spa or hot tub heating, the first year energy
yield shall be based on the heating load of the swimming pool, spa or hot tub
as determined according to the procedure established by the department. [1989
c.880 §5 (enacted in lieu of 469.175); 1997 c.534 §7; 2005 c.832 §10; 2007
c.843 §33]
     Note: See note under 469.160.
     469.180
Forfeiture of tax credits; revocation of contractor certificate; inspection;
effect of failure to allow inspection. (1) Upon the Department of RevenueÂ’s own motion, or upon request of
the State Department of Energy, the Department of Revenue may initiate
proceedings for the forfeiture of a tax credit allowed under ORS 316.116 or
317.115 if:
     (a) The verification was fraudulent
because of a misrepresentation by the taxpayer or investor owned utility;
     (b) The verification was fraudulent
because of a misrepresentation by the contractor;
     (c) In the case of an alternative energy
device other than an alternative fuel vehicle or related equipment, the
alternative energy device has not been constructed, installed or operated in
substantial compliance with the requirements of ORS 469.160 to 469.180; or
     (d) The taxpayer or investor owned utility
failed to consent to an inspection of the constructed or installed alternative
energy device by the State Department of Energy after a reasonable, written
request for such an inspection by the State Department of Energy. This paragraph
does not apply to an alternative fuel vehicle or to related equipment.
     (2) Pursuant to the procedures for a
contested case under ORS chapter 183, the Director of the State Department of
Energy may order the revocation of a contractor certificate issued under ORS
469.170 if the director finds that:
     (a) The contractor certificate was
obtained by fraud or misrepresentation by the contractor certificate holder;
     (b) The contractor’s performance for the
alternative energy device for which the contractor is issued a certificate
under ORS 469.170 does not meet industry standards; or
     (c) The contractor has misrepresented to
the customer either the tax credit program or the nature or quality of the
alternative energy device.
     (3) If the tax credit allowed under ORS
316.116 or 317.115 for the purchase, construction or installation of an
alternative energy device is ordered forfeited due to an action of the taxpayer
or investor owned utility under subsection (1)(a), (c) or (d) of this section,
all prior tax relief provided to the taxpayer or investor owned utility shall
be forfeited and the Department of Revenue shall proceed to collect those taxes
not paid by the taxpayer or utility as a result of the tax credit relief under
ORS 316.116 or 317.115.
     (4) If the tax credit for the construction
or installation of an alternative energy device is ordered forfeited due to an
action of the contractor under subsection (1)(b) of this section, the
Department of Revenue shall proceed to collect, from the contractor, an amount equivalent
to those taxes not paid by the taxpayer or investor owned utility as a result
of the tax credit relief under ORS 316.116 or 317.115. As long as the
forfeiture is due to an action of the contractor and not to an action of the
taxpayer or utility, the assessment of such taxes shall be levied on the
contractor and not on the taxpayer or utility. Notwithstanding ORS 314.835, the
Department of Revenue may disclose information from income tax returns or
reports to the extent such disclosure is necessary to collect amounts from
contractors under this subsection.
     (5) In order to obtain information
necessary to verify eligibility and amount of the tax credit, the State
Department of Energy or its representative may inspect an alternative energy
device that has been purchased, constructed or installed. The inspection shall
be made only with the consent of the owner of the dwelling. Failure to consent
to the inspection is grounds for the forfeiture of any tax credit relief under
ORS 316.116 or 317.115. The Department of Revenue shall proceed to collect any
taxes due according to subsection (4) of this section. For electrical
generating alternative energy devices, the State Department of Energy may
obtain energy consumption records for the dwelling the device serves, for a
12-month period, in order to verify eligibility and amount of the tax credit. [1977
c.196 §6; 1979 c.670 §6; 1981 c.894 §7; 1983 c.346 §4; 1987 c.492 §5; 1989
c.880 §8; 1993 c.684 §1; 1997 c.534 §10; 2003 c.186 §22; 2005 c.832 §11; 2007
c.843 §34]
     Note: See note under 469.160.
RENEWABLE
ENERGY RESOURCES
     469.185
Definitions for ORS 469.185 to 469.225 and 469.878; rules. As used in ORS 469.185 to 469.225 and
469.878:
     (1) “Alternative fuel vehicle” means a
vehicle as defined by the Director of the State Department of Energy by rule
that is used primarily in connection with the conduct of a trade or business
and that is manufactured or modified to use an alternative fuel, including but
not limited to electricity, ethanol, methanol, gasohol and propane or natural
gas, regardless of energy consumption savings.
     (2) “Car sharing facility” means the
expenses of operating a car sharing program, including but not limited to the
fair market value of parking spaces used to store the fleet of cars available
for a car sharing program, but does not include the costs of the fleet of cars.
     (3) “Car sharing program” means a program
in which drivers pay to become members in order to have joint access to a fleet
of cars from a common parking area on an hourly basis. “Car sharing program”
does not include operations conducted by car rental agencies.
     (4) “Cost” means the capital costs and
expenses necessarily incurred in the acquisition, erection, construction and
installation of a facility, including site development costs and expenses for a
sustainable building practices facility.
     (5) “Energy facility” means any capital
investment for which the first year energy savings yields a simple payback
period of greater than one year. An energy facility includes:
     (a) Any land, structure, building,
installation, excavation, machinery, equipment or device, or any addition to,
reconstruction of or improvement of, land or an existing structure, building,
installation, excavation, machinery, equipment or device necessarily acquired,
erected, constructed or installed by any person in connection with the conduct
of a trade or business and actually used in the processing or utilization of
renewable energy resources to:
     (A) Replace a substantial part or all of
an existing use of electricity, petroleum or natural gas;
     (B) Provide the initial use of energy
where electricity, petroleum or natural gas would have been used;
     (C) Generate electricity to replace an
existing source of electricity or to provide a new source of electricity for
sale by or use in the trade or business;
     (D) Perform a process that obtains energy
resources from material that would otherwise be solid waste as defined in ORS
459.005; or
     (E) Manufacture or distribute alternative
fuels, including but not limited to electricity, ethanol, methanol, gasohol or
biodiesel.
     (b) Any acquisition of, addition to,
reconstruction of or improvement of land or an existing structure, building,
installation, excavation, machinery, equipment or device necessarily acquired,
erected, constructed or installed by any person in connection with the conduct
of a trade or business in order to substantially reduce the consumption of
purchased energy.
     (c) A necessary feature of a new
commercial building or multiple unit dwelling, as dwelling is defined by ORS
469.160, that causes that building or dwelling to exceed an energy performance
standard in the state building code.
     (d) The replacement of an electric motor
with another electric motor that substantially reduces the consumption of electricity.
     (6) “Facility” means an energy facility,
recycling facility, transportation facility, car sharing facility, sustainable
building practices facility, alternative fuel vehicle or facilities necessary
to operate alternative fuel vehicles, including but not limited to an
alternative fuel vehicle refueling station, a high-efficiency combined heat and
power facility, a high-performance home, a homebuilder-installed renewable
energy system, or a renewable energy resource equipment manufacturing facility.
     (7) “High-efficiency combined heat and
power facility” means a device or equipment that simultaneously produces heat
and electricity from a single source of fuel and that meets the criteria
established for a high-efficiency combined heat and power facility under ORS
469.197.
     (8) “High-performance home” means a new
single-family dwelling that:
     (a) Is designed and constructed to reduce
net purchased energy through use of both energy efficiency and on-site
renewable energy resources; and
     (b) Meets the criteria established for a
high-performance home under ORS 469.197.
     (9) “Homebuilder-installed renewable
energy system” means a renewable energy resource system that:
     (a) Meets the criteria established for a
renewable energy resource system under ORS 469.197; and
     (b) Is installed in a new single-family
dwelling by, or at the direction of, the homebuilder constructing the dwelling.
     (10) “Qualified transit pass contract”
means a purchase agreement entered into between a transportation provider and a
person, the terms of which obligate the person to purchase transit passes on
behalf or for the benefit of employees, students, patients or other individuals
over a specified period of time.
     (11) “Recycling facility” means equipment
used by a trade or business solely for recycling:
     (a) Including:
     (A) Equipment used solely for hauling and
refining used oil;
     (B) New vehicles or modifications to
existing vehicles used solely to transport used recyclable materials that
cannot be used further in their present form or location such as glass, metal,
paper, aluminum, rubber and plastic;
     (C) Trailers, racks or bins that are used
for hauling used recyclable materials and are added to or attached to existing
waste collection vehicles; and
     (D) Any equipment used solely for
processing recyclable materials such as bailers, flatteners, crushers,
separators and scales.
     (b) But not including equipment used for
transporting or processing scrap materials that are recycled as a part of the
normal operation of a trade or business as defined by the director.
     (12)(a) “Renewable energy resource”
includes, but is not limited to:
     (A) Straw, forest slash, wood waste or
other wastes from farm or forest land, nonpetroleum plant or animal based
biomass, ocean wave energy, solar energy, wind power, water power or geothermal
energy; or
     (B) A hydroelectric generating facility
that obtains all applicable permits and complies with all state and federal
statutory requirements for the protection of fish and wildlife and:
     (i) That does not exceed 10 megawatts of
installed capacity; or
     (ii) Qualifies as a research, development
or demonstration facility.
     (b) “Renewable energy resource” does not
include a hydroelectric generating facility that is not described in paragraph
(a) of this subsection.
     (13) “Renewable energy resource equipment
manufacturing facility” means any structure, building, installation,
excavation, machinery, equipment or device, or an addition, reconstruction or
improvement to land or an existing structure, building, installation,
excavation, machinery, equipment or device, that is necessarily acquired,
constructed or installed by a person in connection with the conduct of a trade
or business, that is used primarily to manufacture equipment, machinery or
other products designed to use a renewable energy resource and that meets the
criteria established under ORS 469.197.
     (14) “Sustainable building practices
facility” means a commercial building in which building practices that reduce
the amount of energy, water or other resources needed for construction and
operation of the building are used. “Sustainable building practices facility”
may be further defined by the State Department of Energy by rule, including
rules that establish traditional building practice baselines in energy, water
or other resource usage for comparative purposes for use in determining whether
a facility is a sustainable building practices facility.
     (15) “Transportation facility” means a
transportation project that reduces energy use during commuting to and from
work or school, during work-related travel, or during travel to obtain medical
or other services, and may be further defined by the department by rule. “Transportation
facility” includes, but is not limited to, a qualified transit pass contract or
a transportation services contract.
     (16) “Transportation provider” means a
public, private or nonprofit entity that provides transportation services to
members of the public.
     (17) “Transportation services contract”
means a contract that is related to a transportation facility, and may be
further defined by the department by rule. [1979 c.512 §3; 1981 c.894 §17; 1985
c.745 §1; 1991 c.711 §1; 1997 c.534 §11; 1997 c.656 §5; 1999 c.365 §1; 1999
c.623 §4; 1999 c.765 §4; 2001 c.583 §4; 2007 c.591 §1; 2007 c.843 §16]
     Note: Section 27, chapter 843, Oregon Laws 2007,
provides:
     Sec.
27. Section 22 of this 2007
Act [469.197] and the amendments to ORS 315.354, 315.356, 469.185, 469.200,
469.205, 469.206 and 469.215 by sections 14 to 20 of this 2007 Act apply to
facilities acquired, erected, constructed or installed on or after January 1,
2007, and to tax years beginning on or after January 1, 2007. [2007 c.843 §27]
     469.190
Policy. In the interest of
the public health, safety and welfare, it is the policy of the State of
     469.195
Priority given to certain projects; criteria. In determining the eligibility of facilities for tax credits,
preference shall be given to those projects which:
     (1) Provide energy savings for real or
personal property within the state inhabited as the principal residence of a
tenant, including:
     (a) Nonowner occupied single family
dwellings; and
     (b) Multiple unit residential housing; or
     (2) Provide long-term energy savings from
the use of renewable resources or conservation of energy resources. [1979 c.512
§4; 1985 c.745 §2]
     469.197
Rules; criteria for high-performance homes, renewable energy systems, combined
heat and power facilities and renewable energy resource equipment. The State Department of Energy shall by rule
establish all of the following criteria:
     (1) For a high-performance home, the
minimum design and construction standards that must be met or exceeded for a
dwelling to be considered a high-performance home, including but not limited to
standards for the building envelope, HVAC systems, lighting, appliances, water
conservation measures, use of sustainable building materials and on-site
renewable energy systems. The criteria must also establish the minimum
reduction in estimated net purchased energy that a dwelling must achieve to be
considered a high-performance home.
     (2) For a homebuilder-installed renewable
energy system, the minimum performance and efficiency standards that a solar
electric system, solar domestic water heating system, passive solar space
heating system, wind power system, geothermal heating system, fuel cell system
or other system utilizing renewable resources must achieve to be considered a
homebuilder-installed renewable energy system.
     (3) For a high-efficiency combined heat
and power facility, the minimum performance and efficiency standards that the
facility must achieve to be considered a high-efficiency combined heat and
power facility.
     (4) For a renewable energy resource
equipment manufacturing facility, standards relating to the type of equipment,
machinery or other products being manufactured and related performance and
efficiency standards applicable to the manufactured products. [2007 c.843 §22]
     Note: See note under 469.185.
     469.200
Annual limit to cost of facility in granting tax credits. (1) The total cost of a facility that
receives a preliminary certification from the Director of the State Department
of Energy for tax credits in any calendar year may not exceed:
     (a) $20 million, in the case of a facility
using or producing renewable energy resources, a renewable energy resource
equipment manufacturing facility or a high-efficiency combined heat and power
facility; or
     (b) $10 million, in the case of any other
facility.
     (2) The director shall determine the
dollar amount certified for any facility and the priority between applications
for certification based upon the criteria contained in ORS 469.185 to 469.225
and applicable rules and standards adopted under ORS 469.185 to 469.225. The
director may consider the status of a facility as a research, development or
demonstration facility of new renewable resource generating and conservation
technologies or a qualified transit pass contract in the determination. [1979
c.512 §5; 1981 c.894 §18; 1985 c.745 §3; 1987 c.158 §98; 1991 c.711 §3; 1993
c.684 §2; 1995 c.746 §15a; 1997 c.534 §12; 1997 c.656 §6a; 1999 c.365 §2; 2003
c.186 §23; 2007 c.843 §17]
     Note: See note under 469.185.
     469.205
Application for preliminary certification; eligibility; contents; fees; rules. (1) Prior to erection, construction,
installation or acquisition of a proposed facility, any person may apply to the
State Department of Energy for preliminary certification under ORS 469.210 if:
     (a) The erection, construction,
installation or acquisition of the facility is to be commenced on or after October
3, 1979;
     (b) The facility complies with the
standards or rules adopted by the Director of the State Department of Energy;
and
     (c) The applicant meets one of the
following criteria:
     (A) The applicant is a person to whom a
tax credit has been transferred; or
     (B) The applicant will be the owner or
contract purchaser of the facility at the time of erection, construction,
installation or acquisition of the proposed facility, and:
     (i) The applicant is the owner, contract
purchaser or lessee of a trade or business that plans to utilize the facility
in connection with
     (ii) The applicant is the owner, contract
purchaser or lessee of a trade or business that plans to lease the facility to
a person who will utilize the facility in connection with
     (2) An application for preliminary
certification shall be made in writing on a form prepared by the department and
shall contain:
     (a) A statement that the applicant or the
lessee of the applicantÂ’s facility:
     (A) Intends to convert from a purchased
energy source to a renewable energy resource;
     (B) Plans to acquire, construct or install
a facility that will use a renewable energy resource or solid waste instead of
electricity, petroleum or natural gas;
     (C) Plans to use a renewable energy
resource in the generation of electricity for sale or to replace an existing or
proposed use of an existing source of electricity;
     (D) Plans to acquire, construct or install
a facility that substantially reduces the consumption of purchased energy;
     (E) Plans to acquire, construct or install
equipment for recycling as defined in ORS 469.185 (11);
     (F) Plans to acquire an alternative fuel
vehicle or to convert an existing vehicle to an alternative fuel vehicle;
     (G) Plans to acquire, construct or install
a facility necessary to operate alternative fuel vehicles;
     (H) Plans to acquire transit passes for
use by individuals specified by the applicant;
     (I) Plans to acquire, construct or install
a transportation facility;
     (J) Plans to acquire a sustainable
building practices facility;
     (K) Plans to acquire a car sharing
facility and operate a car sharing program;
     (L) Plans to construct a high-efficiency
combined heat and power facility;
     (M) Is a homebuilder and plans to
construct a homebuilder-installed renewable energy system;
     (N) Is a homebuilder and plans to
construct a high-performance home; or
     (O) Plans to acquire, construct or install
a renewable energy resource equipment manufacturing facility.
     (b) A detailed description of the proposed
facility and its operation and information showing that the facility will
operate as represented in the application.
     (c) Information on the amount by which
consumption of electricity, petroleum or natural gas by the applicant or the
lessee of the applicantÂ’s facility will be reduced, and on the amount of energy
that will be produced for sale, as the result of using the facility or, if
applicable, information about the expected level of sustainable building
practices facility performance.
     (d) The projected cost of the facility.
     (e) If applicable, a copy of the proposed
qualified transit pass contract, transportation services contract or contract
for lease of parking spaces for a car sharing facility.
     (f) Any other information the director
considers necessary to determine whether the proposed facility is in accordance
with the provisions of ORS 469.185 to 469.225, and any applicable rules or
standards adopted by the director.
     (3) An application for preliminary
certification shall be accompanied by a fee established under ORS 469.217. The
director may refund the fee if the application for certification is rejected.
     (4) The director may allow an applicant to
file the preliminary application after the start of erection, construction,
installation or acquisition of the facility if the director finds:
     (a) Filing the application before the
start of erection, construction, installation or acquisition is inappropriate
because special circumstances render filing earlier unreasonable; and
     (b) The facility would otherwise qualify
for tax credit certification pursuant to ORS 469.185 to 469.225.
     (5) A preliminary certification of a
sustainable building practices facility shall be applied for and issued as
prescribed by the department by rule. [1979 c.512 §6; 1981 c.894 §19; 1985
c.745 §4; 1989 c.765 §7; 1991 c.711 §2; 1993 c.684 §3; 1995 c.746 §16; 1997
c.656 §7; 1999 c.623 §5; 1999 c.765 §5; 2001 c.583 §5; 2001 c.660 §2; 2003
c.186 §24; 2007 c.843 §18]
     Note: See note under 469.185.
     469.206
Transferability of facility tax credit; rules; effect on taxes reported by
public utility. (1) The
owner of a facility may transfer a tax credit for the facility in exchange for
a cash payment equal to the present value of the tax credit.
     (2) The State Department of Energy may
establish by rule uniform discount rates to be used in calculating the present
value of a tax credit under this section.
     (3) Notwithstanding any other provision of
law, a tax credit transferred pursuant to this section does not decrease the
amount of taxes required to be reported by a public utility. [1997 c.534 §9;
2001 c.583 §6; 2007 c.843 §19]
     Note: See note under 469.185.
     469.207
Tax credit for rental housing units; eligibility. (1) Except as provided in subsection (3) of
this section, an applicant under ORS 469.205 (1)(c) shall be eligible for a tax
credit for energy conservation measures installed in rental housing units
pursuant to ORS 469.636. The tax credit shall apply to only the first $5,000 of
actually installed energy conservation measure costs per dwelling unit.
     (2) An owner, contract purchaser or lessee
of a rental housing unit for which energy conservation measures have been
financed by an applicant under subsection (1) of this section is ineligible for
an energy conservation measure tax credit for such measures.
     (3) No applicant under ORS 469.205 (1)(c)
shall be eligible for a tax credit for energy conservation measures installed
in rental housing units pursuant to ORS 469.636 if the rental housing units are
constructed on or after January 1, 1996. [1985 c.745 §9; 1993 c.684 §4; 1995
c.746 §16a; 2001 c.583 §7]
     469.208
Transferability of rental housing unit tax credit; rules. (1) The owner of a rental housing unit may
transfer a tax credit for energy conservation measures installed in rental housing
units under ORS 469.207 in exchange for a cash payment equal to the present
value of the tax credit. To be eligible for a transfer, the energy conservation
measures must have been recommended in an energy audit as provided in ORS
469.633, 469.651 or 469.675.
     (2) The State Department of Energy may
establish by rule uniform discount rates to be used in calculating the present
value of a tax credit under this section. [1993 c.684 §6]
     469.210
Submission of plans, specifications and contract terms; preliminary
certification. (1) The
Director of the State Department of Energy may require the submission of plans,
specifications and contract terms, and after examination thereof, may request
corrections and revisions of the plans, specifications and terms.
     (2) If the director determines that the
proposed acquisition, erection, construction or installation is technically
feasible and should operate in accordance with the representations made by the
applicant, and is in accordance with the provisions of ORS 469.185 to 469.225
and any applicable rules or standards adopted by the director, the director
shall issue a preliminary certificate approving the acquisition, erection,
construction or installation of the facility. If the director determines that
the acquisition, erection, construction or installation does not comply with
the provisions of ORS 469.185 to 469.225 and applicable rules and standards,
the director shall issue an order denying certification. [1979 c.512 §7; 1995
c.746 §17; 1997 c.656 §8; 1999 c.365 §3; 2001 c.583 §7a; 2003 c.186 §25]
     469.215
Final certification; eligibility; application; content. (1) A final certification may not be issued
by the Director of the State Department of Energy under this section unless the
facility was acquired, erected, constructed or installed under a preliminary
certificate of approval issued under ORS 469.210 and in accordance with the
applicable provisions of ORS 469.185 to 469.225 and any applicable rules or
standards adopted by the director.
     (2) Any person may apply to the State
Department of Energy for final certification of a facility:
     (a) If the department issued preliminary
certification for the facility under ORS 469.210; and
     (b)(A) After completion of erection,
construction, installation or acquisition of the proposed facility or, if the
facility is a qualified transit pass contract, after entering into the contract
with a transportation provider; or
     (B) After transfer of the facility, as
provided in ORS 315.354 (5).
     (3) An application for final certification
shall be made in writing on a form prepared by the department and shall
contain:
     (a) A statement that the conditions of the
preliminary certification have been complied with;
     (b) The actual cost of the facility
certified to by a certified public accountant who is not an employee of the
applicant or, if the actual cost of the facility is less than $50,000, copies
of receipts for purchase and installation of the facility;
     (c) A statement that the facility is in
operation or, if not in operation, that the applicant has made every reasonable
effort to make the facility operable; and
     (d) Any other information determined by
the director to be necessary prior to issuance of a final certificate,
including inspection of the facility by the department.
     (4) The director shall act on an
application for certification before the 60th day after the filing of the
application under this section. The director, after consultation with the
Public Utility Commission, may issue the certificate together with such conditions
as the director determines are appropriate to promote the purposes of this
section and ORS 315.354, 469.185, 469.200, 469.205 and 469.878. The action of
the director shall include certification of the actual cost of the facility.
However, in no event shall the director certify an amount for tax credit
purposes which is more than 10 percent in excess of the amount approved in the
preliminary certificate issued for the facility.
     (5) If the director rejects an application
for final certification, or certifies a lesser actual cost of the facility than
was claimed in the application, the director shall send to the applicant
written notice of the action, together with a statement of the findings and
reasons therefor, by certified mail, before the 60th day after the filing of
the application. Failure of the director to act constitutes rejection of the
application.
     (6) Upon approval of an application for
final certification of a facility, the director shall certify the facility.
Each certificate shall bear a separate serial number for each device. Where one
or more devices constitute an operational unit, the director may certify the
operational unit under one certificate. [1979 c.512 §8; 1981 c.894 §20; 1985
c.745 §5; 1989 c.765 §8; 1991 c.711 §4; 1995 c.746 §18; 1997 c.656 §9; 1999
c.365 §4; 1999 c.623 §6; 2001 c.583 §8; 2001 c.660 §1b; 2003 c.186 §26; 2007
c.843 §20]
     Note: See note under 469.185.
     Note: Section 26, chapter 843, Oregon Laws 2007,
provides:
     Sec.
26. The Director of the
State Department of Energy may not issue a final certification of a facility
under ORS 469.215 on or after January 1, 2016. [2007 c.843 §26]
     469.217
Rules; fees for certification.
By rule and after hearing, the Director of the State Department of Energy may
adopt a schedule of reasonable fees which the State Department of Energy may
require of applicants for preliminary or final certification under ORS 469.185
to 469.225. Before the adoption or revision of the fees, the department shall
estimate the total cost of the program to the department. The fees shall be
used to recover the anticipated cost of filing, investigating, granting and
rejecting applications for certification and shall be designed not to exceed
the total cost estimated by the department. Any excess fees shall be held by
the department and shall be used by the department to reduce any future fee
increases. The fee may vary according to the size and complexity of the
facility. The fee shall not be considered as part of the cost of the facility
to be certified. [1985 c.745 §8]
     469.220
Certificate required for tax credits; certification not to exceed five years. A certificate issued under ORS 469.215 is
required for purposes of obtaining tax credits in accordance with ORS 315.354.
Such certification shall be granted for a period not to exceed five years. The
five-year period shall begin with the tax year of the applicant during which a
certified facility is placed into operation, or the year the facility is
certified under ORS 469.215, at the election of the applicant. [1979 c.512 §9]
     469.225
Revocation of certificate; forfeiture of tax credits; collection. (1) Under the procedures for a contested
case under ORS chapter 183, the Director of the State Department of Energy may
order the revocation of the certificate issued under ORS 469.215 if the
director finds that:
     (a) The certification was obtained by
fraud or misrepresentation; or
     (b) The holder of the certificate has
failed substantially to construct or to make every reasonable effort to operate
the facility in compliance with the plans, specifications and procedures in
such certificate.
     (2) As soon as the order of revocation
under this section becomes final, the director shall notify the Department of
Revenue of such order.
     (3) If the certificate is ordered revoked
pursuant to subsection (1)(a) of this section, all prior tax credits provided
to the holder of the certificate by virtue of such certificate shall be
forfeited and upon notification under subsection (2) of this section the
Department of Revenue immediately shall proceed to collect those taxes not paid
by the certificate holder as a result of the tax credits provided to the holder
under ORS 315.354. The Department of Revenue shall have the benefit of all laws
of this state pertaining to the collection of income and excise taxes. No
assessment of such taxes shall be necessary and no statute of limitation shall
preclude the collection of such taxes.
     (4) If the certificate is ordered revoked
pursuant to subsection (1)(b) of this section, the certificate holder shall be
denied any further relief under ORS 315.354 in connection with such facility
from and after the date that the order of revocation becomes final. [1979 c.512
§10; 2003 c.186 §27]
     469.228 [1989 c.926 §1; 1991 c.67 §134; 1991 c.641 §5;
1993 c.617 §1; repealed by 1999 c.880 §2]
ENERGY
EFFICIENCY STANDARDS
(Temporary
provisions relating to outdoor lighting)
     Note: Sections 1 to 4, chapter 551, Oregon Laws
2007, provide:
     Sec.
1. The Legislative Assembly
finds that in order to promote the use of energy-efficient outdoor lighting
fixtures and to mitigate the light pollution caused by certain types of outdoor
lighting fixtures, local building officials should assess local ordinances
relating to outdoor lighting, and the State Department of Energy should assess
state statutes and state building code provisions relating to outdoor lighting,
for consistency and relevance in accomplishing the strong regulation of outdoor
lighting fixtures in this state. [2007 c.551 §1]
     Sec.
2. Upon a model lighting
ordinance being made available to the public by the International Dark-Sky
Association and the Illuminating Engineering Society of North America, or their
successors, the State Department of Energy shall review the model ordinance
provisions that are relevant to outdoor lighting fixtures. The department shall
publish a report containing findings and recommendations of the department
based upon the review. The findings and recommendations may include, but need
not be limited to:
     (1) The relevance of the model ordinance
for regulating outdoor lighting fixtures under the state building code;
     (2) The suitability of the technical
regulations on outdoor lighting fixtures specified in the ordinance;
     (3) The expected effectiveness that
adoption of the model ordinance would have in reducing light pollution from
outdoor lighting fixtures and promoting the energy efficiency of outdoor
lighting fixtures; and
     (4) The desirability of promoting both
state and local adoption of the model ordinance provisions regarding outdoor
lighting. [2007 c.551 §2]
     Sec.
3. The State Department of
Energy shall report its findings and recommendations to the Governor and to the
Seventy-fourth Legislative Assembly in the manner provided by ORS 192.245 no
later than October 1, 2008. The department shall make the report available to
the public without charge. [2007 c.551 §3]
     Sec.
4. Sections 1, 2 and 3 of
this 2007 Act are repealed January 2, 2012. [2007 c.551 §4]
     469.229
Definitions for ORS 469.229 to 469.261. As used in ORS 469.229 to 469.261, unless the context clearly requires
otherwise:
     (1) “Automatic commercial ice cube machine”
means a factory-made assembly, not necessarily shipped in one package,
consisting of a condensing unit and ice-making section operating as an
integrated unit with means for making and harvesting ice cubes, and any
integrated components for storing or dispensing ice.
     (2) “Ballast” means a device used with an
electric discharge lamp to obtain necessary circuit conditions for starting and
operating the lamp.
     (3) “Bottle-type water dispenser” means a
water dispenser that uses a bottle or reservoir as the source of potable water.
     (4) “Commercial clothes washer” means a
soft mount horizontal-axis or vertical-axis clothes washer that:
     (a) Has a clothes compartment no greater
than 3.5 cubic feet in the case of a horizontal-axis product or no greater than
4 cubic feet in the case of a vertical-axis product; and
     (b) Is designed for use by more than one
household.
     (5)(a) “Commercial hot food holding
cabinet” means an appliance that is a heated, fully-enclosed compartment with
one or more solid doors and is designed to maintain the temperature of hot food
that has been cooked in a separate appliance.
     (b) “Commercial hot food holding cabinet”
does not include heated glass merchandising cabinets, drawer warmers or
cook-and-hold appliances.
     (6) “Commercial prerinse spray valve”
means a handheld device designed and marketed for use with commercial
dishwashing equipment and that sprays water on dishes, flatware and other food
service items for the purpose of removing food residue prior to their cleaning.
     (7) “Commercial refrigerators or freezers”
means refrigerators, freezers or refrigerator-freezers, smaller than 85 cubic
feet of internal volume and designed for use by commercial or institutional
facilities for the purpose of storing or merchandising food products, beverages
or ice at specified temperatures, other than products without doors, walk-in
refrigerators or freezers, consumer products that are federally regulated
pursuant to 42 U.S.C. 6291 et seq. or freezers specifically designed for ice
cream. “Commercial refrigerators or freezers”:
     (a) Must incorporate most components
involved in the vapor-compression cycle and the refrigerated compartment in a
single cabinet; and
     (b) May be configured with either solid or
transparent doors as a reach-in cabinet, pass-through cabinet, roll-in cabinet
or roll-through cabinet.
     (8)(a) “Compact audio product,” also known
as a mini, mid, micro or shelf audio system, means an integrated audio system
encased in a single housing that includes an amplifier and radio tuner and
attached or separable speakers that can reproduce audio from one or more of the
following media:
     (A) Magnetic tape;
     (B) Compact disc;
     (C) DVD; or
     (D) Flash memory.
     (b) “Compact audio product” does not
include products that can be independently powered by internal batteries, have
a powered external satellite antenna or can provide a video output signal.
     (9) “Compensation” means money or any
other valuable thing, regardless of form, received or to be received by a
person for services rendered.
     (10) “Digital versatile disc” or “DVD”
means a laser-encoded plastic medium capable of storing a large amount of
digital audio, video and computer data.
     (11)(a) “Digital versatile disc player” or
“digital versatile disc recorder” means a commercially available electronic
product encased in a single housing that includes an integral power supply and
for which the sole purpose is, respectively, the decoding and the production or
recording of digitized video signal on a DVD.
     (b) “Digital versatile disc recorder” does
not include models that have an electronic programming guide function that
provides an interactive, on-screen menu of television listings and downloads
program information from the vertical blanking interval of a regular television
signal.
     (12) “High-intensity discharge lamp” means
a lamp in which light is produced by the passage of an electric current through
a vapor or gas, and in which the light-producing arc is stabilized by bulb wall
temperature and the arc tube has a bulb wall loading in excess of three watts
per square centimeter.
     (13) “Illuminated exit sign” means an
internally illuminated sign that is designed to be permanently fixed in place
to identify a building exit, that consists of an electrically powered integral
light source that illuminates the legend “EXIT” and any directional indicators
and that provides contrast between the legend, any directional indicators and
the background.
     (14) “Metal halide lamp” means a
high-intensity discharge lamp in which the major portion of the light is
produced by radiation of metal halides and their products of dissociation,
possibly in combination with metallic vapors.
     (15) “Metal halide lamp fixture” means a
light fixture designed to be operated with a metal halide lamp and a ballast
for a metal halide lamp.
     (16) “Pass-through cabinet” means a
commercial refrigerator or freezer with hinged or sliding doors on both the
front and rear of the unit.
     (17) “Portable electric spa” means a
factory-built electric spa or hot tub supplied with equipment for heating and
circulating water.
     (18) “Probe-start metal halide lamp
ballast” means a ballast used to operate metal halide lamps that does not
contain an igniter and that instead starts metal halide lamps by using a third
starting electrode probe in the arc tube.
     (19) “Reach-in cabinet” means a commercial
refrigerator or freezer with hinged or sliding doors or lids, other than
roll-in or roll-through cabinets or pass-through cabinets.
     (20) “Roll-in cabinet” means a commercial
refrigerator or freezer with hinged or sliding doors that allow wheeled racks
to be rolled into the unit.
     (21) “Roll-through cabinet” means a
commercial refrigerator or freezer with hinged or sliding doors on two sides of
the cabinet that allow wheeled racks to be rolled through the unit.
     (22)(a) “Single-voltage external AC to DC
power supply” means a device, other than a product with batteries or battery
packs that physically attach directly to the power supply unit, a product with
a battery chemistry or type selector switch and indicator light or a product
with a battery chemistry or type selector switch and a state of charge meter,
that:
     (A) Is designed to convert line voltage
alternating current input into lower voltage direct current output;
     (B) Is able to convert to only one direct
current output voltage at a time;
     (C) Is sold with, or intended to be used
with, a separate end-use product that constitutes the primary power load;
     (D) Is contained within a separate
physical enclosure from the end-use product;
     (E) Is connected to the end-use product
via a removable or hard-wired male or female electrical connection, cable, cord
or other wiring; and
     (F) Has a nameplate output power less than
or equal to 250 watts.
     (b) “Single-voltage external AC to DC
power supply” does not include power supplies that are classified as devices
for human use under the Federal Food, Drug and Cosmetic Act, 21
U.S.C. 360c.
     (23) “State-regulated incandescent
reflector lamp” means a lamp that is not colored or designed for rough or
vibrating service applications, that has an inner reflective coating on the
outer bulb to direct the light, that has an E26 medium screw base, that has a
rated voltage or voltage range that lies at least partially within 115 to 130
volts and that falls into one of the following categories:
     (a) A bulged reflector or elliptical
reflector bulb shape that has a diameter that equals or exceeds 2.25 inches; or
     (b) A reflector, parabolic aluminized
reflector or similar bulb shape that has a diameter of 2.25 to 2.75 inches.
     (24) “Torchiere” means a portable electric
lighting fixture with a reflective bowl that directs light upward so as to
produce indirect illumination.
     (25) “Traffic signal module” means a
standard traffic signal indicator, consisting of a light source, a lens and all
other parts necessary for operation, that is:
     (a) Eight inches, or approximately 200
millimeters, in diameter; or
     (b) Twelve inches, or approximately 300 millimeters,
in diameter.
     (26) “Unit heater” means a self-contained,
vented fan-type commercial space heater, other than a consumer product covered
by federal standards established pursuant to 42 U.S.C. 6291 et seq. or that is
a direct vent, forced flue heater with a sealed combustion burner, that uses
natural gas or propane and that is designed to be installed without ducts
within a heated space.
     (27) “Walk-in refrigerator” and “walk-in
freezer” mean a space refrigerated to temperatures, respectively, at or above
and below 32° F that can be walked into.
     (28) “Water dispenser” means a
factory-made assembly that mechanically cools and heats potable water and
dispenses the cooled or heated water by integral or remote means. [2005 c.437 §1;
2007 c.375 §1; 2007 c.649 §1]
     Note: 469.229 to 469.261 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
469 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     469.230 [1989 c.926 §3; repealed by 1999 c.880 §2]
     469.232 [1989 c.926 §§4,10; 1993 c.617 §2; 1997
c.249 §165; 1997 c.632 §9; repealed by 1999 c.880 §2]
______________________________________________________________________________
     469.233
Energy efficiency standards.
The following minimum energy efficiency standards for new products are
established:
     (1)(a) Automatic commercial ice cube
machines must have daily energy use and daily water use no greater than the
applicable values in the following table:
______________________________________________________________________________
Equipment type          Type of           Harvest rate          Maximum             Maximum
                                   cooling           (lbs. ice/24 hrs.)    energy use            condenser
                                                          (kWh/100 lbs.)     water use
                                                           (gallons/100
lbs. ice)
Ice-making head        water              <500                     7.80 -.0055H        200
-.022H
                                                          ≥500<1436           5.58
-.0011HÂ Â Â Â Â Â Â Â 200 -.022H
                                                          ≥1436                   4.0                        200 -.022H
Ice-making head        air                   <450                     10.26 -.0086H      Not applicable
                                                          ≥450                     6.89 -.0011H        Not applicable
Remote condensing
but not remote
compressor                 air                   <1000                   8.85 -.0038           Not applicable
                                                          ≥1000                   5.10                      Not applicable
Remote condensing
and remote
compressor                 air                   <934                     8.85 -.0038H        Not applicable
                                                          ≥934                     5.30                      Not applicable
Self-contained
models                        water              <200                     11.40 -.0190H      191
-.0315H
                                                          ≥200                     7.60                      191 -.0315H
Self-contained
models                        air                   <175                     18.0 -.0469H        Not applicable
                                                          ≥175                     9.80                      Not applicable
     Where H = harvest rate in pounds per 24
hours, which must be reported within 5 percent of the tested value. Maximum
water use applies only to water used for the condenser.
______________________________________________________________________________
     (b) For purposes of this subsection,
automatic commercial ice cube machines shall be tested in accordance with the
ARI 810-2003 test method as published by the Air-Conditioning and Refrigeration
Institute. Ice-making heads include all automatic commercial ice cube machines
that are not split system ice makers or self-contained models as defined in ARI
810-2003.
     (2) Commercial clothes washers must have a
minimum modified energy factor of 1.26 and a maximum water consumption factor
of 9.5. For purposes of this subsection, capacity, modified energy factor and
water consumption factor are defined and shall be measured in accordance with
the federal test method for commercial clothes washers under 10 C.F.R. 430.23.
     (3) Commercial prerinse spray valves must
have a flow rate equal to or less than 1.6 gallons per minute when measured in
accordance with the ASTM International’s “Standard Test Method for Prerinse
Spray Valves,” ASTM F2324-03.
     (4)(a) Commercial refrigerators or
freezers must meet the applicable requirements listed in the following table:
______________________________________________________________________________
Equipment Type                                             Doors                         Maximum Daily
                                                                                                          Energy
Consumption (kWh)
Reach-in cabinets,
pass-through
cabinets and
roll-in or roll-through                Solid                           0.10V + 2.04
cabinets that are
refrigerators                         Transparent                0.12V + 3.34
Reach-in cabinets,
pass-through
cabinets and
roll-in or roll-through
cabinets that are “pulldown”
refrigerators                                                    Transparent                .126V + 3.51
Reach-in cabinets,
pass-through
cabinets and
roll-in or roll-through                Solid                           0.40V + 1.38
cabinets that are
freezers                                Transparent                0.75V + 4.10
Reach-in cabinets
that are
refrigerator-freezers
with an
AV of 5.19 or
higher                                     Solid                           0.27AV - 0.71
kWh = kilowatt
hours
V = total volume
(ft3)
AV = adjusted
volume = 1.63 x freezer volume (ft3) + refrigerator volume (ft3)
______________________________________________________________________________
     (b) For purposes of this subsection:
     (A) “Pulldown” designates products
designed to take a fully stocked refrigerator with beverages at 90 degrees
Fahrenheit and cool those beverages to a stable temperature of 38 degrees
Fahrenheit within 12 hours or less.
     (B) Daily energy consumption shall be
measured in accordance with the American National Standards Institute/American
Society of Heating, Refrigerating and Air-Conditioning Engineers test method
117-2002, except that:
     (i) The back-loading doors of pass-through
and roll-through refrigerators and freezers must remain closed throughout the
test; and
     (ii) The controls of all commercial
refrigerators or freezers shall be adjusted to obtain the following product
temperatures, in accordance with the California Code of Regulations, Title 20,
Division 2, Chapter 4, Article 4, section 1604, table A-2, effective November
27, 2002:
______________________________________________________________________________
Product or
compartment type                        Integrated
average product temperature
                                                                       in
degrees Fahrenheit
Refrigerator                                                    38
± 2
Freezer                                                           0
± 2
______________________________________________________________________________
     (5) Illuminated exit signs must have an
input power demand of five watts or less per illuminated face. For purposes of
this subsection, input power demand shall be measured in accordance with the
conditions for testing established by the United States Environmental
Protection AgencyÂ’s Energy Star exit sign program version 3.0. Illuminated exit
signs must also meet all applicable building and safety codes.
     (6) Metal halide lamp fixtures designed to
be operated with lamps rated greater than or equal to 150 watts but less than
or equal to 500 watts may not contain a probe-start metal halide lamp ballast.
     (7)(a) Single-voltage external AC to DC
power supplies manufactured on or after July 1, 2008, must meet the requirements
in the following table:
______________________________________________________________________________
Nameplate
output                        Minimum
Efficiency in Active Mode
<1 Watt                                        0.5 *
Nameplate Output
≥ 1 Watt
and ≤ 51
Watts                            0.09 *
Ln (Nameplate Output) + 0.5
> 51 Watts                                   0.85
                                                     Maximum
Energy Consumption in No-Load Mode
Any Output                                  0.5 Watts
Where Ln
(Nameplate Output) - Natural Logarithm of the nameplate output expressed in
______________________________________________________________________________
     (b) For the purposes of this subsection,
efficiency of single-voltage external AC to DC power supplies shall be measured
in accordance with the United States Environmental Protection Agency’s “Test
Method for Calculating the Energy Efficiency of Single-Voltage External AC to
DC and AC to AC Power Supplies,” dated August 11, 2004. The efficiency in the
active and no-load modes of power supplies shall be tested only at 115 volts at
60 Hz.
     (8)(a) State-regulated incandescent
reflector lamps manufactured on or after January 1, 2008, must meet the minimum
efficiencies in the following table:
______________________________________________________________________________
Wattage                                        Minimum
average lamp efficiency
                                                     (lumens
per watt)
40 - 50Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â 10.5
51 - 66Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â 11.0
67 - 85Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â 12.5
86 - 115Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â 14.0
116 - 155Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â 14.5
156 - 205Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â 15.0
______________________________________________________________________________
     (b) Lamp efficiency shall be measured in
accordance with the applicable test method found in 10 C.F.R. 430.23.
     (9) Torchieres may not use more than 190
watts. A torchiere uses more than 190 watts if any commercially available lamp
or combination of lamps can be inserted in a socket and cause the torchiere to
draw more than 190 watts when operated at full brightness.
     (10)(a) Traffic signal modules must have
maximum and nominal wattage that does not exceed the applicable values in the
following table:
______________________________________________________________________________
Module Type                                                  Maximum
Wattage    Nominal Wattage
                                                                       (at
74°C)                    (at 25°C)
12” red ball (or 300 mm circular)                   17                               11
8” red ball (or 200 mm circular)                     13                               8
12” red arrow (or 300 mm arrow)                  12                               9
12” green ball (or 300 mm circular)               15                               15
8” green ball (or 200 mm circular)                 12                               12
12” green arrow (or 300 mm arrow)              11                               11
______________________________________________________________________________
     (b) For purposes of this subsection,
maximum wattage and nominal wattage shall be measured in accordance with and
under the testing conditions specified by the Institute for Transportation
Engineers “Interim LED Purchase Specification, Vehicle Traffic Control Signal
Heads, Part 2: Light Emitting Diode Vehicle Traffic Signal Modules.”
     (11) Unit heaters must be equipped with
intermittent ignition devices and must have either power venting or an
automatic flue damper.
     (12) Bottle-type water dispensers designed
for dispensing both hot and cold water may not have standby energy consumption
greater than 1.2 kilowatt-hours per day, as measured in accordance with the
test criteria contained in Version 1 of the United States Environmental
Protection Agency’s “Energy Star Program Requirements for Bottled Water
Coolers,” except that units with an integral, automatic timer may not be tested
using Section D, “Timer Usage,” of the test criteria.
     (13) Commercial hot food holding cabinets
shall have a maximum idle energy rate of 40 watts per cubic foot of interior
volume, as determined by the “Idle Energy Rate-dry Test” in ASTM F2140-01, “Standard
Test Method for Performance of Hot Food Holding Cabinets” published by ASTM
International. Interior volume shall be measured in accordance with the method
shown in the United States Environmental Protection Agency’s “Energy Star
Program Requirements for Commercial Hot Food Holding Cabinets,” as in effect on
August 15, 2003.
     (14) Compact audio products may not use
more than two watts in standby passive mode for those without a permanently
illuminated clock display and four watts in standby passive mode for those with
a permanently illuminated clock display, as measured in accordance with
International Electrotechnical Commission (IEC) test method 62087:2002(E), “Methods
of Measurement for the Power Consumption of Audio, Video, and Related
Equipment.”
     (15) Digital versatile disc players and
digital versatile disc recorders may not use more than three watts in standby
passive mode, as measured in accordance with International Electrotechnical
Commission (IEC) test method 62087:2002(E), “Methods of Measurement for the
Power Consumption of Audio, Video, and Related Equipment.”
     (16) Portable electric spas may not have a
standby power greater than 5(V2/3) Watts where V=the total volume in
gallons, as measured in accordance with the test method for portable electric
spas contained in the California Code of Regulations, Title 20, Division 2,
Chapter 4, section 1604.
     (17)(a) Walk-in refrigerators and walk-in
freezers with the applicable motor types shown in the table below shall include
the required components shown.
______________________________________________________________________________
Motor Type                                        Required
Components
All                                                      Interior
lights: light sources with an efficacy of 45
                                                           lumens
per watt or more, including ballast losses
                                                           (if
any).
All                                                      Automatic
door closers that firmly close all
                                                           reach-in
doors
All                                                      Automatic
door closers that firmly close all walk-in
                                                           doors
no wider than 3.9 feet and no higher than
                                                           6.9
feet that have been closed to within one
                                                           inch
of full closure.
All                                                      Wall,
ceiling and door insulation at least R-28 for
                                                           refrigerators
and at least R-34 for freezers
All                                                      Floor
insulation at least R-28 for freezers (no
                                                           requirement
for refrigerators)
Condenser fan
motors of                   (i)
Electronically commutated motors,
under one
horsepower                        (ii)
Permanent split capacitor-type motors, or
                                                           (iii)
Polyphase motors of ½ horsepower or more
Single-phase
evaporator                     Electronically
commutated motors
fan motors of
under one
horsepower and
less
than 460 volts
______________________________________________________________________________
     (b) In addition to the requirements in
paragraph (a) of this subsection, walk-in refrigerators and walk-in freezers
with transparent reach-in doors shall meet the following requirements:
     (A) Transparent reach-in doors shall be of
triple pane glass with either heat-reflective treated glass or gas fill;
     (B) If the appliance has an anti-sweat
heater without anti-sweat controls, the appliance shall have a total door rail,
glass and frame heater power draw of no more than 40 watts if it is a freezer
or 17 watts if it is a refrigerator per foot of door frame width; and
     (C) If the appliance has an anti-sweat
heater with anti-sweat heat controls, and the total door rail, glass, and frame
heater power draw is 40 watts or greater per foot of door frame width if it is
a freezer or 17 watts or greater per foot of door frame width if it is a
refrigerator, the anti-sweat heat controls shall reduce the energy use of the
anti-sweat heater in an amount corresponding to the relative humidity in the
air outside the door or to the condensation on the inner glass pane. [2005
c.437 §5; 2007 c.375 §§2,3; 2007 c.649 §2]
     Note: The amendments to 469.233 by section 3,
chapter 375,
     469.233. The following minimum energy efficiency
standards for new products are established:
     (1)(a) Automatic commercial ice cube
machines must have daily energy use and daily water use no greater than the
applicable values in the following table:
______________________________________________________________________________
Equipment type          Type of           Harvest rate          Maximum             Maximum
                                   cooling           (lbs. ice/24 hrs.)    energy use            condenser
                                                          (kWh/100 lbs.)     water use
                                                           (gallons/100
lbs. ice)
Ice-making head        water              <500                     7.80 -.0055H        200
-.022H
                                                          ≥500<1436           5.58 -.0011H        200 -.022H
                                                          ≥1436                   4.0                        200 -.022H
Ice-making head        air                   <450                     10.26 -.0086H      Not applicable
                                                          ≥450                     6.89 -.0011H        Not applicable
Remote condensing
but not remote
compressor                 air                   <1000                   8.85 -.0038           Not applicable
                                                          ≥1000                   5.10                      Not applicable
Remote condensing
and remote
compressor                 air                   <934                     8.85 -.0038H        Not applicable
                                                          ≥934                     5.30                      Not applicable
Self-contained
models                        water              <200                     11.40 -.0190H      191
-.0315H
                                                          ≥200                     7.60                      191 -.0315H
Self-contained
models                        air                   <175                     18.0 -.0469H        Not applicable
                                                          ≥175                     9.80                      Not applicable
     Where H = harvest rate in pounds per 24
hours, which must be reported within 5 percent of the tested value. Maximum
water use applies only to water used for the condenser.
______________________________________________________________________________
     (b) For purposes of this subsection,
automatic commercial ice cube machines shall be tested in accordance with the
ARI 810-2003 test method as published by the Air-Conditioning and Refrigeration
Institute. Ice-making heads include all automatic commercial ice cube machines
that are not split system ice makers or self-contained models as defined in ARI
810-2003.
     (2) Commercial clothes washers must have a
minimum modified energy factor of 1.26 and a maximum water consumption factor
of 9.5. For purposes of this subsection, capacity, modified energy factor and
water consumption factor are defined and shall be measured in accordance with
the federal test method for commercial clothes washers under 10 C.F.R. 430.23.
     (3) Commercial prerinse spray valves must
have a flow rate equal to or less than 1.6 gallons per minute when measured in
accordance with the ASTM International’s “Standard Test Method for Prerinse
Spray Valves,” ASTM F2324-03.
     (4)(a) Commercial refrigerators or
freezers must meet the applicable requirements listed in the following table:
______________________________________________________________________________
Equipment Type                                       Doors                         Maximum Daily
                                                                                                    Energy
Consumption (kWh)
Reach-in cabinets, pass-through
cabinets and roll-in or roll-through          Solid                           0.10V + 2.04
cabinets that are refrigerators                   Transparent                0.12V + 3.34
Reach-in cabinets, pass-through
cabinets and roll-in or roll-through
cabinets that are “pulldown”
refrigerators                                              Transparent                .126V + 3.51
Reach-in cabinets, pass-through
cabinets and roll-in or roll-through          Solid                           0.40V + 1.38
cabinets that are freezers                          Transparent                0.75V + 4.10
Reach-in cabinets that are
refrigerator-freezers with an
AV of 5.19 or higher                               Solid                           0.27AV - 0.71
kWh = kilowatt hours
V = total volume (ft3)
AV = adjusted
volume = 1.63 x freezer volume (ft3) + refrigerator volume
(ft3)
______________________________________________________________________________
     (b) For purposes of this subsection:
     (A) “Pulldown” designates products
designed to take a fully stocked refrigerator with beverages at 90 degrees
Fahrenheit and cool those beverages to a stable temperature of 38 degrees
Fahrenheit within 12 hours or less.
     (B) Daily energy consumption shall be
measured in accordance with the American National Standards Institute/American
Society of Heating, Refrigerating and Air-Conditioning Engineers test method
117-2002, except that:
     (i) The back-loading doors of pass-through
and roll-through refrigerators and freezers must remain closed throughout the
test; and
     (ii) The controls of all commercial
refrigerators or freezers shall be adjusted to obtain the following product
temperatures, in accordance with the California Code of Regulations, Title 20,
Division 2, Chapter 4, Article 4, section 1604, table A-2, effective November
27, 2002:
______________________________________________________________________________
Product or
compartment type                        Integrated
average product temperature
                                                                       in
degrees Fahrenheit
Refrigerator                                                    38
± 2
Freezer                                                           0
± 2
______________________________________________________________________________
     (5) Illuminated exit signs must have an
input power demand of five watts or less per illuminated face. For purposes of
this subsection, input power demand shall be measured in accordance with the
conditions for testing established by the United States Environmental Protection
AgencyÂ’s Energy Star exit sign program version 3.0. Illuminated exit signs must
also meet all applicable building and safety codes.
     (6) Metal halide lamp fixtures designed to
be operated with lamps rated greater than or equal to 150 watts but less than
or equal to 500 watts may not contain a probe-start metal halide lamp ballast.
     (7)(a) Single-voltage external AC to DC
power supplies manufactured on or after July 1, 2007, must meet the
requirements in the following table:
______________________________________________________________________________
Nameplate
output                        Minimum
Efficiency in Active Mode
<1 Watt                                        0.49 *
Nameplate Output
≥ 1 Watt
and ≤ 49
Watts                            0.09 *
Ln (Nameplate Output) + 0.49
>49
                                                     Maximum
Energy Consumption in No-Load Mode
≤ 10
Watts                                   0.5
Watts
>10
and ≤
250 Watts                          0.75
Watts
Where Ln
(Nameplate Output) - Natural Logarithm of the nameplate output expressed in
______________________________________________________________________________
     (b) For the purposes of this subsection,
efficiency of single-voltage external AC to DC power supplies shall be measured
in accordance with the United States Environmental Protection Agency’s “Test
Method for Calculating the Energy Efficiency of Single-Voltage External AC to DC
and AC to AC Power Supplies,” dated August 11, 2004. The efficiency in the
active and no-load modes of power supplies shall be tested only at 115 volts at
60 Hz.
     (8)(a) State-regulated incandescent
reflector lamps manufactured on or after January 1, 2008, must meet the minimum
efficiencies in the following table:
______________________________________________________________________________
Wattage                                        Minimum
average lamp efficiency
                                                     (lumens
per watt)
40 - 50Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â 10.5
51 - 66Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â 11.0
67 - 85Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â 12.5
86 - 115Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â 14.0
116 - 155Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â 14.5
156 - 205Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â 15.0
______________________________________________________________________________
     (b) Lamp efficiency shall be measured in
accordance with the applicable test method found in 10 C.F.R. 430.23.
     (9) Torchieres may not use more than 190
watts. A torchiere uses more than 190 watts if any commercially available lamp
or combination of lamps can be inserted in a socket and cause the torchiere to
draw more than 190 watts when operated at full brightness.
     (10)(a) Traffic signal modules must have
maximum and nominal wattage that does not exceed the applicable values in the
following table:
______________________________________________________________________________
Module Type                                                  Maximum
Wattage    Nominal Wattage
                                                                       (at
74°C)                    (at 25°C)
12” red ball (or 300 mm circular)                   17                               11
8” red ball (or 200 mm circular)                     13                               8
12” red arrow (or 300 mm arrow)                  12                               9
12” green ball (or 300 mm circular)               15                               15
8” green ball (or 200 mm circular)                 12                               12
12” green arrow (or 300 mm arrow)              11                               11
______________________________________________________________________________
     (b) For purposes of this subsection,
maximum wattage and nominal wattage shall be measured in accordance with and
under the testing conditions specified by the Institute for Transportation
Engineers “Interim LED Purchase Specification, Vehicle Traffic Control Signal
Heads, Part 2: Light Emitting Diode Vehicle Traffic Signal Modules.”
     (11) Unit heaters must be equipped with
intermittent ignition devices and must have either power venting or an automatic
flue damper.
     (12) Bottle-type water dispensers designed
for dispensing both hot and cold water may not have standby energy consumption
greater than 1.2 kilowatt-hours per day, as measured in accordance with the
test criteria contained in Version 1 of the United States Environmental
Protection Agency’s “Energy Star Program Requirements for Bottled Water
Coolers,” except that units with an integral, automatic timer may not be tested
using Section D, “Timer Usage,” of the test criteria.
     (13) Commercial hot food holding cabinets
shall have a maximum idle energy rate of 40 watts per cubic foot of interior
volume, as determined by the “Idle Energy Rate-dry Test” in ASTM F2140-01, “Standard
Test Method for Performance of Hot Food Holding Cabinets” published by ASTM
International. Interior volume shall be measured in accordance with the method
shown in the United States Environmental Protection Agency’s “Energy Star
Program Requirements for Commercial Hot Food Holding Cabinets,” as in effect on
August 15, 2003.
     (14) Compact audio products may not use
more than two watts in standby passive mode for those without a permanently
illuminated clock display and four watts in standby passive mode for those with
a permanently illuminated clock display, as measured in accordance with
International Electrotechnical Commission (IEC) test method 62087:2002(E), “Methods
of Measurement for the Power Consumption of Audio, Video, and Related
Equipment.”
     (15) Digital versatile disc players and
digital versatile disc recorders may not use more than three watts in standby
passive mode, as measured in accordance with International Electrotechnical
Commission (IEC) test method 62087:2002(E), “Methods of Measurement for the
Power Consumption of Audio, Video, and Related Equipment.”
     (16) Portable electric spas may not have a
standby power greater than 5(V:SUPER8.2/3:SECT6.) Watts where V=the total
volume in gallons, as measured in accordance with the test method for portable
electric spas contained in the California Code of Regulations, Title 20,
Division 2, Chapter 4, section 1604.
     (17)(a) Walk-in refrigerators and walk-in
freezers with the applicable motor types shown in the table below shall include
the required components shown.
______________________________________________________________________________
Motor Type                                        Required
Components
All                                                      Interior
lights: light sources with an efficacy of 45
                                                           lumens
per watt or more, including ballast losses
                                                           (if
any).
All                                                      Automatic
door closers that firmly close all
                                                           reach-in
doors
All                                                      Automatic
door closers that firmly close all walk-in
                                                           doors
no wider than 3.9 feet and no higher than
                                                           6.9
feet that have been closed to within one
                                                           inch
of full closure.
All                                                      Wall,
ceiling and door insulation at least R-28 for
                                                           refrigerators
and at least R-34 for freezers
All                                                      Floor
insulation at least R-28 for freezers (no
                                                           requirement
for refrigerators)
Condenser fan
motors of                   (i)
Electronically commutated motors,
under one
horsepower                        (ii)
Permanent split capacitor-type motors, or
                                                           (iii)
Polyphase motors of ½ horsepower or more
Single-phase
evaporator                     Electronically
commutated motors
fan motors of
under one
horsepower and
less
than 460 volts
______________________________________________________________________________
     (b) In addition to the requirements in
paragraph (a) of this subsection, walk-in refrigerators and walk-in freezers
with transparent reach-in doors shall meet the following requirements:
     (A) Transparent reach-in doors shall be of
triple pane glass with either heat-reflective treated glass or gas fill;
     (B) If the appliance has an anti-sweat
heater without anti-sweat controls, the appliance shall have a total door rail,
glass and frame heater power draw of no more than 40 watts if it is a freezer
or 17 watts if it is a refrigerator per foot of door frame width; and
     (C) If the appliance has an anti-sweat
heater with anti-sweat heat controls, and the total door rail, glass, and frame
heater power draw is 40 watts or greater per foot of door frame width if it is
a freezer or 17 watts or greater per foot of door frame width if it is a
refrigerator, the anti-sweat heat controls shall reduce the energy use of the
anti-sweat heater in an amount corresponding to the relative humidity in the
air outside the door or to the condensation on the inner glass pane.
     Note: See note under 469.229.
______________________________________________________________________________
     Note: Section 8 (2), chapter 375, Oregon Laws
2007, provides:
     Sec.
8. (2) The minimum energy
efficiency standards specified in ORS 469.233 (7) do not apply to a
single-voltage external AC to DC power supply that is made available by a
manufacturer directly to a consumer or to a service or repair facility, as a
service part or spare part, after and separate from the original sale of the product
requiring the power supply unless the single-voltage external AC to DC power
supply is made available five or more years after the effective date of this
2007 Act [June 12, 2007]. [2007 c.375 §8(2)]
     Note: Section 7, chapter 649, Oregon Laws 2007,
provides:
     Sec.
7. The minimum efficiency
standard for interior lights established in ORS 469.233 (17)(a) applies to
walk-in refrigerators and walk-in freezers on or after January 1, 2010. [2007
c.649 §7]
     469.234 [1989 c.926 §§5,9; 1993 c.617 §4; repealed
by 1999 c.880 §2]
     469.235
Certain reflector lamps exempt from standards. The following state-regulated
incandescent reflector lamps are exempt from the minimum energy efficiency
standards established in ORS 469.233 (8):
     (1) 50 watt elliptical reflector lamps;
     (2) Lamps rated at 50 watts or less of the
following types: BR 30, ER 30, BR 40 and ER 40;
     (3) Lamps rated at 65 watts of the
following types: BR 40 and ER 40; and
     (4) R 20 lamps of 45 watts or less. [2007
c.375 §4]
     Note: See note under 469.229.
     469.236 [1989 c.926 §6; repealed by 1999 c.880 §2]
     469.238
     (2) A person may sell or offer for sale a
new product not meeting efficiency standards specified in subsection (1) of
this section if the product is:
     (a) Manufactured in this state and sold
outside this state;
     (b) Manufactured outside this state and
sold at wholesale inside this state for final retail sale and installation
outside this state;
     (c) Installed in a mobile or manufactured
home at the time of construction; or
     (d) Designed expressly for installation
and use in recreational vehicles. [2005 c.437 §§2,3]
     Note
1: The amendments to 469.238
by section 4, chapter 437,
     469.238. (1) Except as provided in subsection (2) of
this section, a person may not sell or offer for sale a new commercial clothes
washer, commercial prerinse spray valve, commercial refrigerator or freezer,
illuminated exit sign, single-voltage external AC to DC power supply,
state-regulated incandescent reflector lamp, torchiere, traffic signal module,
automatic commercial ice cube machine, metal halide lamp fixture or unit heater
unless the energy efficiency of the new product meets or exceeds the minimum
energy efficiency standards specified in ORS 469.233.
     (2) A person may sell or offer for sale a
new product not meeting efficiency standards specified in subsection (1) of
this section if the product is:
     (a) Manufactured in this state and sold
outside this state;
     (b) Manufactured outside this state and
sold at wholesale inside this state for final retail sale and installation
outside this state;
     (c) Installed in a mobile or manufactured
home at the time of construction; or
     (d) Designed expressly for installation
and use in recreational vehicles.
     Note
2: The amendments to 469.238
by section 3, chapter 649,
     469.238. (1) Except as provided in subsection (2) of
this section, a person may not sell or offer for sale a new commercial clothes
washer, commercial prerinse spray valve, commercial refrigerator or freezer,
illuminated exit sign, single-voltage external AC to DC power supply,
state-regulated incandescent reflector lamp, torchiere, traffic signal module,
automatic commercial ice cube machine, metal halide lamp fixture, unit heater,
bottle-type water dispenser, commercial hot food holding cabinet, compact audio
product, digital versatile disc player, digital versatile disc recorder,
portable electric spa, walk-in refrigerator or walk-in freezer unless the
energy efficiency of the new product meets or exceeds the minimum energy
efficiency standards specified in ORS 469.233.
     (2) A person may sell or offer for sale a
new product not meeting efficiency standards specified in subsection (1) of
this section if the product is:
     (a) Manufactured in this state and sold
outside this state;
     (b) Manufactured outside this state and
sold at wholesale inside this state for final retail sale and installation
outside this state;
     (c) Installed in a mobile or manufactured
home at the time of construction; or
     (d) Designed expressly for installation
and use in recreational vehicles.
     Note
3: See note under 469.229.
     469.239
Installation of products not meeting standards prohibited; exemptions. (1) Except as provided in subsection (2) of
this section, a person may not install a new commercial prerinse spray valve,
commercial refrigerator or freezer, illuminated exit sign, single-voltage
external AC to DC power supply, state-regulated incandescent reflector lamp,
torchiere, traffic signal module or unit heater for compensation unless the
energy efficiency of the new product meets or exceeds the minimum energy
efficiency standards specified in ORS 469.233.
     (2) A person may install a new product not
meeting efficiency standards specified in subsection (1) of this section if the
product is:
     (a) Installed in a mobile or manufactured
home at the time of construction; or
     (b) Designed expressly for installation
and use in recreational vehicles. [2005 c.437 §6]
     Note
1: The amendments to 469.239
by section 7, chapter 437,
     469.239. (1) Except as provided in subsection (2) of
this section, a person may not install a new commercial clothes washer,
commercial prerinse spray valve, commercial refrigerator or freezer,
illuminated exit sign, single-voltage external AC to DC power supply,
state-regulated incandescent reflector lamp, torchiere, traffic signal module,
automatic commercial ice cube machine, metal halide lamp fixture or unit heater
for compensation unless the energy efficiency of the new product meets or
exceeds the minimum energy efficiency standards specified in ORS 469.233.
     (2) A person may install a new product not
meeting efficiency standards specified in subsection (1) of this section if the
product is:
     (a) Installed in a mobile or manufactured
home at the time of construction; or
     (b) Designed expressly for installation
and use in recreational vehicles.
     Note
2: The amendments to 469.239
by section 4, chapter 649,
     469.239. (1) Except as provided in subsection (2) of
this section, a person may not install a new commercial clothes washer,
commercial prerinse spray valve, commercial refrigerator or freezer,
illuminated exit sign, single-voltage external AC to DC power supply, state-regulated
incandescent reflector lamp, torchiere, traffic signal module, automatic
commercial ice cube machine, metal halide lamp fixture, unit heater,
bottle-type water dispenser, commercial hot food holding cabinet, compact audio
product, digital versatile disc player, digital versatile disc recorder,
portable electric spa, walk-in refrigerator or walk-in freezer for compensation
unless the energy efficiency of the new product meets or exceeds the minimum
energy efficiency standards specified in ORS 469.233.
     (2) A person may install a new product not
meeting efficiency standards specified in subsection (1) of this section if the
product is:
     (a) Installed in a mobile or manufactured
home at the time of construction; or
     (b) Designed expressly for installation
and use in recreational vehicles.
     Note
3: See note under 469.229.
     469.240 [1989 c.926 §§11,12; repealed by 1999 c.880 §2]
     469.241 [1993 c.617 §22; repealed by 1999 c.880 §2]
     469.242 [1993 c.617 §20; repealed by 1999 c.880 §2]
     469.243 [1993 c.617 §21; repealed by 1999 c.880 §2]
     469.244 [1989 c.926 §§16,25; repealed by 1993 c.617 §28]
     469.245 [1993 c.617 §19; repealed by 1999 c.880 §2]
     469.246 [1989 c.926 §§13,18; 1991 c.67 §135; 1993
c.617 §5; repealed by 1999 c.880 §2]
     469.247 [1993 c.617 §16; repealed by 1999 c.880 §2]
     469.248 [1989 c.926 §39; 1991 c.67 §136; 1993 c.617 §6;
repealed by 1999 c.880 §2]
     469.249 [1993 c.617 §18; repealed by 1999 c.880 §2]
     469.250 [1989 c.926 §§7,8; 1991 c.67 §137; repealed
by 1999 c.880 §2]
     469.252 [1989 c.926 §§14,15; repealed by 1993 c.617 §28]
     469.253 [1993 c.617 §17; repealed by 1999 c.880 §2]
     469.254 [1989 c.926 §19; 1993 c.617 §7; 1997 c.838 §6;
repealed by 1999 c.880 §2]
     469.255
Manufacturers to test products; test methods; certification of products; rules. (1) A manufacturer of a product specified in
ORS 469.238 that is sold or offered for sale, or installed or offered for
installation, in this state shall test samples of the manufacturerÂ’s products
in accordance with the test methods specified in ORS 469.233 or, if more
stringent, those specified in the state building code.
     (2) If the test methods for products
required to be tested under this section are not provided for in ORS 469.233 or
in the state building code, the State Department of Energy shall adopt test
methods for these products. The department shall use test methods approved by
the United States Department of Energy or, in the absence of federal test
methods, other appropriate nationally recognized test methods for guidance in adopting
test methods. The State Department of Energy may periodically review and revise
its test methods.
     (3) A manufacturer of a product regulated
pursuant to ORS 469.229 to 469.261, except for manufacturers of single-voltage
external AC to DC power supplies, walk-in refrigerators and walk-in freezers,
shall certify to the State Department of Energy that the products are in
compliance with the minimum energy efficiency standards specified in ORS
469.233. The department shall establish rules governing the certification of
these products and may coordinate with the certification and testing programs
of other states and federal agencies with similar standards.
     (4)(a) The department shall establish
rules governing the identification of the products that comply with the minimum
energy efficiency standards specified in ORS 469.233. The rules shall be
coordinated to the greatest extent practicable with the labeling programs of
other states and federal agencies with equivalent efficiency standards.
     (b) Identification required under
paragraph (a) of this subsection shall be by means of a mark, label or tag on
the product and packaging at the time of sale or installation.
     (c) The department shall waive marking,
labeling or tagging requirements for products marked, labeled or tagged in
compliance with federal requirements or for products certified pursuant to
subsection (3) of this section, unless the department determines that state
marking, labeling or tagging is required to provide adequate energy efficiency
information to the consumer. [2005 c.437 §9; 2007 c.375 §6; 2007 c.649 §5a]
     Note: See note under 469.229.
     469.256 [1989 c.926 §29; repealed by 1993 c.617 §29]
     469.258 [1989 c.926 §20; 1991 c.641 §6; repealed by
1999 c.880 §2]
     469.259 [1991 c.641 §2; 1993 c.617 §8; repealed by
1999 c.880 §2]
     469.260 [1989 c.926 §21; 1991 c.67 §138; repealed by
1999 c.880 §2]
     469.261
Department to review standards; rules; postponement of operative dates of
standards; application for waiver of federal preemption. (1)(a) Notwithstanding ORS 469.233, the
State Department of Energy shall periodically review the minimum energy
efficiency standards specified in ORS 469.233.
     (b) After the review pursuant to paragraph
(a) of this subsection, the Director of the State Department of Energy may
adopt rules to update the minimum energy efficiency standards specified in ORS
469.233 if the director determines that the standards need to be updated:
     (A) To promote energy conservation in the
state;
     (B) To achieve cost-effectiveness for
consumers; or
     (C) Due to federal action or to the
outcome of collaborative consultations with manufacturers and the energy
departments of other states.
     (c)(A) In addition to the rules adopted
under paragraph (b) of this subsection, the director may postpone by rule the
operative date of any of the minimum energy efficiency standards specified in
ORS 469.233 if the director determines that:
     (i) Adjoining states with similar minimum
energy efficiency standards have postponed the operative date of their corresponding
minimum energy efficiency standards; or
     (ii) Failure to modify the operative date
of any of the minimum energy efficiency standards would impose a substantial
hardship on manufacturers, retailers or the public.
     (B)(i) The director may not postpone the
operative date of a minimum energy efficiency standard under subparagraph (A)
of this paragraph for more than one year.
     (ii) If at the end of the first
postponement period the director determines that adjoining states have further
postponed the operative date of minimum energy efficiency standards and the
requirements of subparagraph (A) of this paragraph continue to be met, the
director may postpone the operative date for not more than one additional year.
     (d) After the review pursuant to paragraph
(a) of this subsection, the director may adopt rules to establish new minimum
energy efficiency standards if the director determines that new standards are
needed:
     (A) To promote energy conservation in the
state;
     (B) To achieve cost-effectiveness for
consumers; or
     (C) Due to federal action or to the
outcome of collaborative consultations with manufacturers and the energy
departments of other states.
     (e) If the director adopts rules under
paragraph (b) of this subsection to update the minimum energy efficiency
standards specified in ORS 469.233 or under paragraph (d) of this subsection to
establish new minimum energy efficiency standards:
     (A) The rules may not take effect until
one year following their adoption by the director; and
     (B) The Governor shall cause to be
introduced at the next Legislative Assembly a bill to conform the statutory
minimum energy efficiency standards to the minimum energy efficiency standards
adopted by the director by rule.
     (2) If the director determines that
implementation of a state minimum energy efficiency standard requires a waiver
of federal preemption, the director shall apply for a waiver of federal
preemption pursuant to 42 U.S.C. 6297(d). [2005 c.437 §8; 2007 c.375 §7; 2007
c.649 §6a]
     Note: See note under 469.229.
     469.262 [1989 c.926 §24; repealed by 1999 c.880 §2]
     469.267 [1989 c.926 §26; 1993 c.617 §9; repealed by
1999 c.880 §2]
     469.269 [1989 c.926 §27; 1993 c.617 §10; repealed by
1999 c.880 §2]
     469.270 [1989 c.926 §28; 1991 c.67 §139; repealed by
1993 c.617 §29]
     469.274 [1989 c.926 §§31,32; 1991 c.641 §7; 1993
c.617 §11; repealed by 1999 c.880 §2]
     469.276 [1989 c.926 §33; repealed by 1999 c.880 §2]
     469.278 [1989 c.926 §34; repealed by 1999 c.880 §2]
     469.280 [1989 c.926 §35; repealed by 1999 c.880 §2]
     469.282 [1989 c.926 §36; repealed by 1999 c.880 §2]
     469.284 [1989 c.926 §37; repealed by 1999 c.880 §2]
     469.286 [1989 c.926 §38; 1991 c.67 §140; 1993 c.617 §12;
repealed by 1999 c.880 §2]
     469.290 [1989 c.926 §23; 1991 c.641 §8; 1993 c.617 §13;
repealed by 1999 c.880 §2]
     469.292 [1989 c.926 §22; 1991 c.641 §9; repealed by
1999 c.880 §2]
     469.296 [1989 c.926 §17; 1993 c.617 §14; repealed by
1999 c.880 §2]
     469.298 [1989 c.926 §2; repealed by 1999 c.880 §2]
REGULATION OF
ENERGY FACILITIES
(General
Provisions)
     469.300
Definitions. As used in ORS
469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992, unless the context
requires otherwise:
     (1) “Applicant” means any person who makes
application for a site certificate in the manner provided in ORS 469.300 to
469.563, 469.590 to 469.619, 469.930 and 469.992.
     (2) “Application” means a request for
approval of a particular site or sites for the construction and operation of an
energy facility or the construction and operation of an additional energy
facility upon a site for which a certificate has already been issued, filed in
accordance with the procedures established pursuant to ORS 469.300 to 469.563,
469.590 to 469.619, 469.930 and 469.992.
     (3) “Associated transmission lines” means
new transmission lines constructed to connect an energy facility to the first
point of junction of such transmission line or lines with either a power
distribution system or an interconnected primary transmission system or both or
to the Northwest Power Grid.
     (4) “Average electric generating capacity”
means the peak generating capacity of the facility divided by one of the
following factors:
     (a) For wind or solar energy facilities,
3.00;
     (b) For geothermal energy facilities,
1.11; or
     (c) For all other energy facilities, 1.00.
     (5) “Combustion turbine power plant” means
a thermal power plant consisting of one or more fuel-fired combustion turbines
and any associated waste heat combined cycle generators.
     (6) “Construction” means work performed on
a site, excluding surveying, exploration or other activities to define or
characterize the site, the cost of which exceeds $250,000.
     (7) “Council” means the Energy Facility
Siting Council established under ORS 469.450.
     (8) “Department” means the State
Department of Energy created under ORS 469.030.
     (9) “Director” means the Director of the
State Department of Energy appointed under ORS 469.040.
     (10) “Electric utility” means persons,
regulated electrical companies, peopleÂ’s utility districts, joint operating
agencies, electric cooperatives, municipalities or any combination thereof,
engaged in or authorized to engage in the business of generating, supplying,
transmitting or distributing electric energy.
     (11)(a) “Energy facility” means any of the
following:
     (A) An electric power generating plant
with a nominal electric generating capacity of 25 megawatts or more, including
but not limited to:
     (i) Thermal power; or
     (ii) Combustion turbine power plant.
     (B) A nuclear installation as defined in
this section.
     (C) A high voltage transmission line of
more than 10 miles in length with a capacity of 230,000 volts or more to be
constructed in more than one city or county in this state, but excluding:
     (i) Lines proposed for construction
entirely within 500 feet of an existing corridor occupied by high voltage
transmission lines with a capacity of 230,000 volts or more; and
     (ii) Lines of 57,000 volts or more that
are rebuilt and upgraded to 230,000 volts along the same right of way.
     (D) A solar collecting facility using more
than 100 acres of land.
     (E) A pipeline that is:
     (i) At least six inches in diameter, and
five or more miles in length, used for the transportation of crude petroleum or
a derivative thereof, liquefied natural gas, a geothermal energy form in a
liquid state or other fossil energy resource, excluding a pipeline conveying
natural or synthetic gas;
     (ii) At least 16 inches in diameter, and
five or more miles in length, used for the transportation of natural or
synthetic gas, but excluding:
     (I) A pipeline proposed for construction
of which less than five miles of the pipeline is more than 50 feet from a
public road, as defined in ORS 368.001; or
     (II) A parallel or upgraded pipeline up to
24 inches in diameter that is constructed within the same right of way as an
existing 16-inch or larger pipeline that has a site certificate, if all studies
and necessary mitigation conducted for the existing site certificate meet or
are updated to meet current site certificate standards; or
     (iii) At least 16 inches in diameter and
five or more miles in length used to carry a geothermal energy form in a
gaseous state but excluding a pipeline used to distribute heat within a
geothermal heating district established under ORS chapter 523.
     (F) A synthetic fuel plant which converts
a natural resource including, but not limited to, coal or oil to a gas, liquid
or solid product intended to be used as a fuel and capable of being burned to
produce the equivalent of two billion Btu of heat a day.
     (G) A plant which converts biomass to a
gas, liquid or solid product, or combination of such products, intended to be
used as a fuel and if any one of such products is capable of being burned to
produce the equivalent of six billion Btu of heat a day.
     (H) A storage facility for liquefied natural
gas constructed after September 29, 1991, that is designed to hold at least
70,000 gallons.
     (I) A surface facility related to an
underground gas storage reservoir that, at design injection or withdrawal
rates, will receive or deliver more than 50 million cubic feet of natural or
synthetic gas per day, or require more than 4,000 horsepower of natural gas
compression to operate, but excluding:
     (i) The underground storage reservoir;
     (ii) The injection, withdrawal or
monitoring wells and individual wellhead equipment; and
     (iii) An underground gas storage reservoir
into which gas is injected solely for testing or reservoir maintenance purposes
or to facilitate the secondary recovery of oil or other hydrocarbons.
     (J) An electric power generating plant with
an average electric generating capacity of 35 megawatts or more if the power is
produced from geothermal, solar or wind energy at a single energy facility or
within a single energy generation area.
     (b) “Energy facility” does not include a
hydroelectric facility.
     (12) “Energy generation area” means an
area within which the effects of two or more small generating plants may
accumulate so the small generating plants have effects of a magnitude similar
to a single generating plant of 35 megawatts average electric generating
capacity or more. An “energy generation area” for facilities using a geothermal
resource and covered by a unit agreement, as provided in ORS 522.405 to 522.545
or by federal law, shall be defined in that unit agreement. If no such unit agreement
exists, an energy generation area for facilities using a geothermal resource
shall be the area that is within two miles, measured from the electrical
generating equipment of the facility, of an existing or proposed geothermal
electric power generating plant, not including the site of any other such plant
not owned or controlled by the same person.
     (13) “Extraordinary nuclear occurrence”
means any event causing a discharge or dispersal of source material, special
nuclear material or by-product material as those terms are defined in ORS
453.605, from its intended place of confinement off-site, or causing radiation
levels off-site, that the United States Nuclear Regulatory Commission or its
successor determines to be substantial and to have resulted in or to be likely
to result in substantial damages to persons or property off-site.
     (14) “Facility” means an energy facility
together with any related or supporting facilities.
     (15) “Geothermal reservoir” means an
aquifer or aquifers containing a common geothermal fluid.
     (16) “Local government” means a city or
county.
     (17) “Nominal electric generating capacity”
means the maximum net electric power output of an energy facility based on the
average temperature, barometric pressure and relative humidity at the site
during the times of the year when the facility is intended to operate.
     (18) “Nuclear incident” means any
occurrence, including an extraordinary nuclear occurrence, that results in
bodily injury, sickness, disease, death, loss of or damage to property or loss
of use of property due to the radioactive, toxic, explosive or other hazardous
properties of source material, special nuclear material or by-product material
as those terms are defined in ORS 453.605.
     (19) “Nuclear installation” means any power
reactor, nuclear fuel fabrication plant, nuclear fuel reprocessing plant, waste
disposal facility for radioactive waste, and any facility handling that
quantity of fissionable materials sufficient to form a critical mass. “Nuclear
installation” does not include any such facilities that are part of a thermal
power plant.
     (20) “Nuclear power plant” means an
electrical or any other facility using nuclear energy with a nominal electric
generating capacity of 25 megawatts or more, for generation and distribution of
electricity, and associated transmission lines.
     (21) “Person” means an individual,
partnership, joint venture, private or public corporation, association, firm,
public service company, political subdivision, municipal corporation,
government agency, peopleÂ’s utility district, or any other entity, public or
private, however organized.
     (22) “Project order” means the order,
including any amendments, issued by the State Department of Energy under ORS
469.330.
     (23)(a) “Radioactive waste” means all material
which is discarded, unwanted or has no present lawful economic use, and
contains mined or refined naturally occurring isotopes, accelerator produced
isotopes and by-product material, source material or special nuclear material
as those terms are defined in ORS 453.605. The term does not include those
radioactive materials identified in OAR 345-50-020, 345-50-025 and 345-50-035,
adopted by the council on December 12, 1978, and revised periodically for the
purpose of adding additional isotopes which are not referred to in OAR 345-50
as presenting no significant danger to the public health and safety.
     (b) Notwithstanding paragraph (a) of this
subsection, “radioactive waste” does not include uranium mine overburden or
uranium mill tailings, mill wastes or mill by-product materials as those terms
are defined in Title 42, United States Code, section 2014, on June 25, 1979.
     (24) “Related or supporting facilities”
means any structure, proposed by the applicant, to be constructed or
substantially modified in connection with the construction of an energy
facility, including associated transmission lines, reservoirs, storage
facilities, intake structures, road and rail access, pipelines, barge basins,
office or public buildings, and commercial and industrial structures. “Related
or supporting facilities” does not include geothermal or underground gas
storage reservoirs, production, injection or monitoring wells or wellhead
equipment or pumps.
     (25) “Site” means any proposed location of
an energy facility and related or supporting facilities.
     (26) “Site certificate” means the binding
agreement between the State of
     (27) “Thermal power plant” means an
electrical facility using any source of thermal energy with a nominal electric
generating capacity of 25 megawatts or more, for generation and distribution of
electricity, and associated transmission lines, including but not limited to a
nuclear-fueled, geothermal-fueled or fossil-fueled power plant, but not
including a portable power plant the principal use of which is to supply power
in emergencies. “Thermal power plant” includes a nuclear-fueled thermal power
plant that has ceased to operate.
     (28) “Transportation” means the transport
within the borders of the State of
     (29) “Underground gas storage reservoir”
means any subsurface sand, strata, formation, aquifer, cavern or void, whether
natural or artificially created, suitable for the injection, storage and
withdrawal of natural gas or other gaseous substances. “Underground gas storage
reservoir” includes a pool as defined in ORS 520.005.
     (30) “Utility” includes:
     (a) A person, a regulated electrical
company, a peopleÂ’s utility district, a joint operating agency, an electric
cooperative, municipality or any combination thereof, engaged in or authorized
to engage in the business of generating, transmitting or distributing electric
energy;
     (b) A person or public agency generating
electric energy from an energy facility for its own consumption; and
     (c) A person engaged in this state in the
transmission or distribution of natural or synthetic gas.
     (31) “Waste disposal facility” means a
geographical site in or upon which radioactive waste is held or placed but does
not include a site at which radioactive waste used or generated pursuant to a
license granted under ORS 453.635 is stored temporarily, a site of a thermal
power plant used for the temporary storage of radioactive waste from that plant
for which a site certificate has been issued pursuant to this chapter or a site
used for temporary storage of radioactive waste from a reactor operated by a
college, university or graduate center for research purposes and not connected
to the Northwest Power Grid. As used in this subsection, “temporary storage”
includes storage of radioactive waste on the site of a nuclear-fueled thermal
power plant for which a site certificate has been issued until a permanent
storage site is available by the federal government. [Formerly 453.305; 1977
c.796 §1; 1979 c.283 §1; 1981 c.587 §1; 1981 c.629 §2; 1981 c.707 §1; 1981
c.866 §1; 1991 c.480 §4; 1993 c.544 §3; 1993 c.569 §3; 1995 c.505 §6; 1995
c.551 §10; 1997 c.606 §1; 1999 c.365 §5; 2001 c.134 §2; 2001 c.683 §6; 2003
c.186 §28]
     469.310
Policy. In the interests of
the public health and the welfare of the people of this state, it is the declared
public policy of this state that the siting, construction and operation of
energy facilities shall be accomplished in a manner consistent with protection
of the public health and safety and in compliance with the energy policy and
air, water, solid waste, land use and other environmental protection policies
of this state. It is, therefore, the purpose of ORS 469.300 to 469.563, 469.590
to 469.619, 469.930 and 469.992 to exercise the jurisdiction of the State of
Oregon to the maximum extent permitted by the United States Constitution and to
establish in cooperation with the federal government a comprehensive system for
the siting, monitoring and regulating of the location, construction and
operation of all energy facilities in this state. It is furthermore the policy
of this state, notwithstanding ORS 469.010 (2)(f) and the definition of
cost-effective in ORS 469.020, that the need for new generating facilities, as
defined in ORS 469.503, is sufficiently addressed by reliance on competition in
the market rather than by consideration of cost-effectiveness and shall not be
a matter requiring determination by the Energy Facility Siting Council in the
siting of a generating facility, as defined in ORS 469.503. [Formerly 453.315;
1997 c.428 §1; 2003 c.186 §29]
(Siting)
     469.320
Site certificate required; exceptions. (1) Except as provided in subsections (2) and (5) of this section, no
facility shall be constructed or expanded unless a site certificate has been
issued for the site thereof in the manner provided in ORS 469.300 to 469.563,
469.590 to 469.619, 469.930 and 469.992. No facility shall be constructed or
operated except in conformity with the requirements of ORS 469.300 to 469.563,
469.590 to 469.619, 469.930 and 469.992.
     (2) A site certificate is not required
for:
     (a) An energy facility for which no site
certificate has been issued that, on August 2, 1993, had operable electric
generating equipment for a modification that uses the same fuel type and
increases electric generating capacity, if:
     (A) The site is not enlarged; and
     (B) The ability of the energy facility to
use fuel for electricity production under peak steady state operating
conditions is not more than 200 million Btu per hour greater than it was on
August 2, 1993, or the energy facility expansion is called for in the
short-term plan of action of an energy resource plan that has been acknowledged
by the Public Utility Commission of Oregon.
     (b) Construction or expansion of any
interstate natural gas pipeline or associated underground natural gas storage
facility authorized by and subject to the continuing regulation of the Federal
Energy Regulatory Commission or successor agency.
     (c) An energy facility, except coal and
nuclear power plants, if the energy facility:
     (A) Sequentially produces electrical
energy and useful thermal energy from the same fuel source; and
     (B) Under normal operating conditions, has
a useful thermal energy output of no less than 33 percent of the total energy
output or the fuel chargeable to power heat rate value is not greater than
6,000 Btu per kilowatt hour.
     (d) Temporary storage, at the site of a
nuclear-fueled thermal power plant for which a site certificate has been issued
by the State of Oregon, of radioactive waste from the plant.
     (e) An energy facility as defined in ORS
469.300 (11)(a)(G), if the plant also produces a secondary fuel used on site
for the production of heat or electricity, if the output of the primary fuel is
less than six billion Btu of heat a day.
     (f) An energy facility as defined in ORS
469.300 (11)(a)(G), if the facility:
     (A) Exclusively uses biomass, including
but not limited to grain, whey, potatoes, oil seeds, waste vegetable oil or
cellulosic biomass, as the source of material for conversion to a liquid fuel;
     (B) Has received local land use approval
under the applicable acknowledged comprehensive plan and land use regulations
of the affected local government and the facility complies with any statewide
planning goals or rules of the Land Conservation and Development Commission
that are directly applicable to the facility;
     (C) Requires no new electric transmission
lines or gas or petroleum product pipelines that would require a site
certificate under subsection (1) of this section;
     (D) Produces synthetic fuel, at least 90
percent of which is used in an industrial or refueling facility located within
one mile of the facility or is transported from the facility by rail or barge;
and
     (E) Emits less than 118 pounds of carbon
dioxide per million Btu from fossil fuel used for conversion energy.
     (g) A standby generation facility, if the
facility complies with all of the following:
     (A) The facility has received local land
use approval under the applicable acknowledged comprehensive plan and land use
regulations of the affected local government and the facility complies with all
statewide planning goals and applicable rules of the Land Conservation and
Development Commission;
     (B) The standby generators have been
approved by the Department of Environmental Quality as having complied with all
applicable air and water quality requirements. For an applicant that proposes
to provide the physical facilities for the installation of standby generators,
the requirement of this subparagraph may be met by agreeing to require such a
term in the lease contract for the facility; and
     (C) The standby generators are
electrically incapable of being interconnected to the transmission grid. For an
applicant that proposes to provide the physical facilities for the installation
of standby generators, the requirement of this subparagraph may be met by
agreeing to require such a term in the lease contract for the facility.
     (3) The Energy Facility Siting Council may
review and, if necessary, revise the fuel chargeable to power heat rate value
set forth in subsection (2)(c)(B) of this section. In making its determination,
the council shall ensure that the fuel chargeable to power heat rate value for
facilities set forth in subsection (2)(c)(B) of this section remains
significantly lower than the fuel chargeable to power heat rate value for the
best available, commercially viable thermal power plant technology at the time
of the revision.
     (4) Any person who proposes to construct
or enlarge an energy facility and who claims an exemption under subsection
(2)(a), (c), (f) or (g) of this section from the requirement to obtain a site
certificate shall request the Energy Facility Siting Council to determine
whether the proposed facility qualifies for the claimed exemption. The council
shall make its determination within 60 days after the request for exemption is
filed. An appeal from the councilÂ’s determination on a request for exemption
shall be made under ORS 469.403, except that the scope of review by the Supreme
Court shall be the same as a review by a circuit court under ORS 183.484. The
record on review by the Supreme Court shall be the record established in the
council proceeding on the exemption.
     (5) Notwithstanding subsection (1) of this
section, a separate site certificate shall not be required for:
     (a) Transmission lines, storage
facilities, pipelines or similar related or supporting facilities, if such
related or supporting facilities are addressed in and are subject to a site
certificate for another energy facility;
     (b) Expansion within the site or within
the energy generation area of a facility for which a site certificate has been
issued, if the existing site certificate has been amended to authorize
expansion; or
     (c) Expansion, either within the site or
outside the site, of an existing council certified surface facility related to
an underground gas storage reservoir, if the existing site certificate is
amended to authorize expansion.
     (6) If the substantial loss of the steam
host causes a facility exempt under subsection (2)(c) of this section to
substantially fail to meet the exemption requirements under subsection (2)(c)
of this section, the electric generating facility shall cease to operate one
year after the substantial loss of the steam host unless an application for a
site certificate has been filed in accordance with the provisions of ORS
469.300 to 469.563.
     (7) As used in this section:
     (a) “Standby generation facility” means an
electric power generating facility, including standby generators and the
physical structures necessary to install and connect standby generators, that
provides temporary electric power in the event of a power outage and that is
electrically incapable of being interconnected with the transmission grid.
     (b) “Total energy output” means the sum of
useful thermal energy output and useful electrical energy output.
     (c) “Useful thermal energy” means the
verifiable thermal energy used in any viable industrial or commercial process,
heating or cooling application.
     (8) Notwithstanding the definition of “energy
facility” in ORS 469.300 (11)(a)(J), an electric power generating plant with an
average electric generating capacity of less than 35 megawatts produced from
wind energy at a single energy facility or within a single energy generation
area may elect to obtain a site certificate in the manner provided in ORS
469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992. An election to
obtain a site certificate under this subsection shall be final upon submission
of an application for a site certificate. [Formerly 453.325; 1977 c.86 §1; 1979
c.730 §8; 1982 s.s.1 c.6 §1; 1987 c.200 §5; 1991 c.480 §5; 1993 c.569 §4; 1995
c.505 §7; 1999 c.365 §6; 1999 c.385 §1; 2001 c.134 §§3,4; 2001 c.683 §§7,8;
2003 c.186 §§76,77; 2005 c.768 §§1,2; 2007 c.739 §33]
     469.330
Notice of intent to file application for site certificate; public notice;
standards, application requirements and study requirements; project order;
rules. (1) Each applicant
for a site certificate shall submit to the Energy Facility Siting Council a
notice of intent to file an application for a site certificate. The notice of
intent must provide information about the proposed site and the characteristics
of the facility sufficient for the preparation of the State Department of
EnergyÂ’s project order.
     (2) The council shall cause public notice
to be given upon receipt of a notice of intent by the council. The public
notice shall provide a description of the proposed site and facility in
sufficient detail to inform the public of the location and proposed use of the
site.
     (3) Following review of the notice of
intent and any public comments received in response to the notice of intent,
the department may hold a preapplication conference with state agencies and
local governments that have regulatory or advisory responsibility with respect
to the facility. After the preapplication conference, the department shall
issue a project order establishing the statutes, administrative rules, council
standards, local ordinances, application requirements and study requirements
for the site certificate application. A project order is not a final order.
     (4) A project order issued under
subsection (3) of this section may be amended at any time by either the
department or the council. [Formerly 453.335; 1977 c.794 §9; 1989 c.88 §1; 1993
c.569 §5; 1995 c.505 §8]
     469.340 [1975 c.552 §37; 1975 c.606 §26a; repealed
by 1981 c.629 §3]
     469.350
Application for site certificate; comment and recommendation. (1) Applications for site certificates shall
be made to the Energy Facility Siting Council in a form prescribed by the
council and accompanied by the fee required by ORS 469.421.
     (2) Copies of the notice of intent and of
the application shall be sent for comment and recommendation within specified
deadlines established by the council to the Department of Environmental Quality,
the Water Resources Commission, the State Fish and Wildlife Commission, the
Water Resources Director, the State Geologist, the State Forestry Department,
the Public Utility Commission of Oregon, the State Department of Agriculture,
the Department of Land Conservation and Development, any other state agency
that has regulatory or advisory responsibility with respect to the facility and
any city or county affected by the application.
     (3) Any state agency, city or county that
is requested by the council to comment and make recommendations under this
section shall respond to the council by the specified deadline. If a state
agency, city or county determines that it cannot respond to the council by the
specified deadline because the state agency, city or county lacks sufficient
resources to review and comment on the application, the state agency, city or
county shall contract with another entity to assist in preparing a response. A
state agency, city or county that enters into a contract to assist in preparing
a response may request funding to pay for that contract from the council
pursuant to ORS 469.360.
     (4) The State Department of Energy shall
notify the applicant whether the application is complete. When the department
determines an application is complete, the department shall notify the
applicant and provide notice to the public. [Formerly 453.345; 1977 c.794 §10;
1989 c.88 §2; 1993 c.569 §6; 1995 c.505 §9; 2001 c.683 §10]
     469.360
Evaluation of site applications; costs; payment. (1) The Energy Facility Siting Council shall
evaluate each site certificate application. As part of its evaluation, the
council may commission an independent study by an independent contractor, state
agency, local government or any other person, of any aspect of the proposed
facility within its statutory authority to review. The council may compensate a
state agency or local government for expenses related to:
     (a) Review of the notice of intent, the
application or a request for an expedited review;
     (b) The state agency’s or local government’s
participation in a council proceeding; and
     (c) The performance of specific studies
necessary to complete the councilÂ’s statutory evaluation of the application.
     (2) The council may enter into a contract
under subsection (1) of this section only after the council makes a
determination that the council is unable to fully evaluate the application
without assistance and identifies specific issues to be addressed and only
pursuant to a written contract or agreement with the independent contractor,
state agency, local government or other person. The council shall compensate
the independent contractor, state agency, local government or other person only
to the extent the costs are directly related to issues identified by the
council.
     (3) The council shall provide funding to
state agencies, cities or counties required to contract with another entity to
complete comments and recommendations pursuant to ORS 469.350.
     (4) In addition to compensating state
agencies and local governments pursuant to subsection (1) of this section, the
council may provide funding to the Department of Environmental Quality for the
department to conduct modeling and provide technical assistance to expedite
preparation, submission and review of applications for permits under ORS
468A.040 required for energy facilities. [Formerly 453.355; 1987 c.450 §1; 1989
c.88 §3; 1993 c.569 §7; 1995 c.505 §10; 2001 c.683 §11]
     469.370
Draft proposed order for hearing; issues raised; final order; expedited
processing. (1) Based on its
review of the application and the comments and recommendations on the
application from state agencies and local governments, the State Department of
Energy shall prepare and issue a draft proposed order on the application.
     (2) Following issuance of the draft
proposed order, the Energy Facility Siting Council shall hold one or more
public hearings on the application for a site certificate in the affected area
and elsewhere, as the council considers necessary. Notice of the hearing shall
be mailed at least 20 days before the hearing. The notice shall, at a minimum:
     (a) Comply with the requirements of ORS
197.763 (2), with respect to the persons notified;
     (b) Include a description of the facility
and the facilityÂ’s general location;
     (c) Include the name of an agency
representative to contact and the telephone number where additional information
may be obtained;
     (d) State that copies of the application
and draft proposed order are available for inspection at no cost and will be
provided at a reasonable cost; and
     (e) State that failure to raise an issue
in person or in writing prior to the close of the record of the public hearing
with sufficient specificity to afford the decision maker an opportunity to
respond to the issue precludes consideration of the issue in a contested case.
     (3) Any issue that may be the basis for a
contested case shall be raised not later than the close of the record at or
following the final public hearing prior to issuance of the departmentÂ’s
proposed order. Such issues shall be raised with sufficient specificity to
afford the council, the department and the applicant an adequate opportunity to
respond to each issue. A statement of this requirement shall be made at the
commencement of any public hearing on the application.
     (4) After reviewing the application, the
draft proposed order and any testimony given at the public hearing and after
consulting with other agencies, the department shall issue a proposed order
recommending approval or rejection of the application. The department shall
issue public notice of the proposed order, that shall include notice of a
contested case hearing specifying a deadline for requests to participate as a
party or limited party and a date for the prehearing conference.
     (5) Following receipt of the proposed
order from the department, the council shall conduct a contested case hearing
on the application for a site certificate in accordance with the applicable
provisions of ORS chapter 183 and any procedures adopted by the council. The
applicant shall be a party to the contested case. The council may permit any
other person to become a party to the contested case in support of or in
opposition to the application only if the person appeared in person or in
writing at the public hearing on the site certificate application. Issues that
may be the basis for a contested case shall be limited to those raised on the
record of the public hearing under subsection (3) of this section, unless:
     (a) The department failed to follow the
requirements of subsection (2) or (3) of this section; or
     (b) The action recommended in the proposed
order, including any recommended conditions of the approval, differs materially
from that described in the draft proposed order, in which case only new issues
related to such differences may be raised.
     (6) If no person requests party status to
challenge the departmentÂ’s proposed order, the proposed order shall be
forwarded to the council and the contested case hearing shall be concluded.
     (7) At the conclusion of the contested
case, the council shall issue a final order, either approving or rejecting the
application based upon the standards adopted under ORS 469.501 and any
additional statutes, rules or local ordinances determined to be applicable to
the facility by the project order, as amended. The council shall make its
decision by the affirmative vote of at least four members approving or
rejecting any application for a site certificate. The council may amend or
reject the proposed order, so long as the council provides public notice of its
hearing to adopt a final order, and provides an opportunity for the applicant
and any party to the contested case to comment on material changes to the
proposed order, including material changes to conditions of approval resulting
from the councilÂ’s review. The councilÂ’s order shall be considered a final
order for purposes of appeal.
     (8) Rejection or approval of an
application, together with any conditions that may be attached to the
certificate, shall be subject to judicial review as provided in ORS 469.403.
     (9) The council shall either approve or
reject an application for a site certificate:
     (a) Within 24 months after filing an
application for a nuclear installation, or for a thermal power plant, other
than that described in paragraph (b) of this subsection, with a nameplate
rating of more than 200,000 kilowatts;
     (b) Within nine months after filing of an
application for a site certificate for a combustion turbine power plant, a
geothermal-fueled power plant or an underground storage facility for natural
gas;
     (c) Within six months after filing an
application for a site certificate for an energy facility, if the application
is:
     (A) To expand an existing industrial
facility to include an energy facility;
     (B) To expand an existing energy facility
to achieve a nominal electric generating capacity of between 25 and 50
megawatts; or
     (C) To add injection or withdrawal
capacity to an existing underground gas storage facility; or
     (d) Within 12 months after filing an
application for a site certificate for any other energy facility.
     (10) At the request of the applicant, the
council shall allow expedited processing of an application for a site
certificate for an energy facility with an average electric generating capacity
of less than 100 megawatts. No notice of intent shall be required. Following
approval of a request for expedited review, the department shall issue a
project order, which may be amended at any time. The council shall either
approve or reject an application for a site certificate within six months after
filing the site certificate application if there are no intervenors in the
contested case conducted under subsection (5) of this section. If there are
intervenors in the contested case, the council shall either approve or reject
an application within nine months after filing the site certificate
application. For purposes of this subsection, the generating capacity of a
thermal power plant is the nameplate rating of the electrical generator
proposed to be installed in the plant.
     (11) Failure of the council to comply with
the deadlines set forth in subsection (9) or (10) of this section shall not
result in the automatic issuance or denial of a site certificate.
     (12) The council shall specify in the site
certificate a date by which construction of the facility must begin.
     (13) For a facility that is subject to and
has been or will be reviewed by a federal agency under the National
Environmental Policy Act, 42 U.S.C. Section 4321, et seq., the council shall
conduct its site certificate review, to the maximum extent feasible, in a
manner that is consistent with and does not duplicate the federal agency
review. Such coordination shall include, but need not be limited to:
     (a) Elimination of duplicative
application, study and reporting requirements;
     (b) Council use of information generated
and documents prepared for the federal agency review;
     (c) Development with the federal agency
and reliance on a joint record to address applicable council standards;
     (d) Whenever feasible, joint hearings and
issuance of a site certificate decision in a time frame consistent with the
federal agency review; and
     (e) To the extent consistent with
applicable state standards, establishment of conditions in any site certificate
that are consistent with the conditions established by the federal agency. [Formerly
453.365; 1977 c.296 §14; 1977 c.794 §11; 1977 c.895 §1; 1985 c.569 §17; 1993
c.544 §4; 1993 c.569 §8; 1995 c.79 §288; 1995 c.505 §11; 1997 c.428 §2; 2001
c.134 §6]
     469.371 [1985 c.569 §5; 1991 c.480 §6; repealed by 1993
c.544 §9]
     469.372 [1985 c.569 §14; 1985 c.673 §196; repealed
by 1993 c.544 §9]
     469.373
Expedited processing for certain natural gas energy facilities. (1) Notwithstanding the expedited review
process established pursuant to ORS 469.370, an applicant may apply under the
provisions of this section for expedited review of an application for a site
certificate for an energy facility if the energy facility:
     (a) Is a combustion turbine energy
facility fueled by natural gas or is a reciprocating engine fueled by natural
gas, including an energy facility that uses petroleum distillate fuels for
backup power generation;
     (b) Is a permitted or conditional use
allowed under an applicable local acknowledged comprehensive plan, land use
regulation or federal land use plan, and is located:
     (A) At or adjacent to an existing energy
facility; or
     (B)(i) At, adjacent to or in close
proximity to an existing industrial use; and
     (ii) In an area currently zoned or
designated for industrial use;
     (c)(A) Requires no more than three miles
of associated transmission lines or three miles of new natural gas pipelines
outside of existing rights of way for transmission lines or natural gas
pipelines; or
     (B) Imposes, in the determination of the
Energy Facility Siting Council, no significant impact in the locating of
associated transmission lines or new natural gas pipelines outside of existing
rights of way;
     (d) Requires no new water right or water
right transfer;
     (e) Provides funds to a qualified
organization in an amount determined by the council to be sufficient to produce
any required reduction in carbon dioxide emissions as specified in ORS 469.503
(2)(c)(C) and in rules adopted under ORS 469.503 for the total carbon dioxide
emissions produced by the energy facility for the life of the energy facility;
and
     (f)(A) Discharges process wastewater to a
wastewater treatment facility that has an existing National Pollutant Discharge
Elimination System permit, can obtain an industrial pretreatment permit, if
needed, within the expedited review process time frame and has written
confirmation from the wastewater facility permit holder that the additional
wastewater load will be accommodated by the facility without resulting in a
significant thermal increase in the facility effluent or without requiring any
changes to the wastewater facility National Pollutant Discharge Elimination
System permit;
     (B) Plans to discharge process wastewater
to a wastewater treatment facility owned by a municipal corporation that will
accommodate the wastewater from the energy facility and supplies evidence from
the municipal corporation that:
     (i) The municipal corporation has
included, or intends to include, the process wastewater load from the energy
facility in an application for a National Pollutant Discharge Elimination
System permit; and
     (ii) All conditions required of the energy
facility to allow the discharge of process wastewater from the energy facility
will be satisfied; or
     (C) Obtains a National Pollutant Discharge
Elimination System or water pollution control facility permit for process
wastewater disposal, supplies evidence to support a finding that the discharge
can likely be permitted within the expedited review process time frame and that
the discharge will not require:
     (i) A new National Pollutant Discharge
Elimination System permit, except for a storm water general permit for
construction activities; or
     (ii) A change in any effluent limit or
discharge location under an existing National Pollutant Discharge Elimination
System or water pollution control facility permit.
     (2) An applicant seeking expedited review
under this section shall submit documentation to the State Department of
Energy, prior to the submission of an application for a site certificate, that
demonstrates that the energy facility meets the qualifications set forth in
subsection (1) of this section. The department shall determine, within 14 days
of receipt of the documentation, on a preliminary, nonbinding basis, whether
the energy facility qualifies for expedited review.
     (3) If the department determines that the
energy facility preliminarily qualifies for expedited review, the applicant may
submit an application for expedited review. Within 30 days after the date that
the application for expedited review is submitted, the department shall
determine whether the application is complete. If the department determines
that the application is complete, the application shall be deemed filed on the
date that the department sends the applicant notice of its determination. If
the department determines that the application is not complete, the department
shall notify the applicant of the deficiencies in the application and shall
deem the application filed on the date that the department determines that the
application is complete. The department or the council may request additional
information from the applicant at any time.
     (4) The State Department of Energy shall
send a copy of a filed application to the Department of Environmental Quality,
the Water Resources Department, the State Department of Fish and Wildlife, the
State Department of Geology and Mineral Industries, the State Department of
Agriculture, the Department of Land Conservation and Development, the Public
Utility Commission and any other state agency, city, county or political
subdivision of the state that has regulatory or advisory responsibility with
respect to the proposed energy facility. The State Department of Energy shall
send with the copy of the filed application a notice specifying that:
     (a) In the event the council issues a site
certificate for the energy facility, the site certificate will bind the state
and all counties, cities and political subdivisions in the state as to the
approval of the site, the construction of the energy facility and the operation
of the energy facility, and that after the issuance of a site certificate, all
permits, licenses and certificates addressed in the site certificate must be
issued as required by ORS 469.401 (3); and
     (b) The comments and recommendations of
state agencies, counties, cities and political subdivisions concerning whether
the proposed energy facility complies with any statute, rule or local ordinance
that the state agency, county, city or political subdivision would normally
administer in determining whether a permit, license or certificate required for
the construction or operation of the energy facility should be approved will be
considered only if the comments and recommendations are received by the
department within a reasonable time after the date the application and notice
of the application are sent by the department.
     (5) Within 90 days after the date that the
application was filed, the department shall issue a draft proposed order
setting forth:
     (a) A description of the proposed energy
facility;
     (b) A list of the permits, licenses and
certificates that are addressed in the application and that are required for
the construction or operation of the proposed energy facility;
     (c) A list of the statutes, rules and
local ordinances that are the standards and criteria for approval of any
permit, license or certificate addressed in the application and that are
required for the construction or operation of the proposed energy facility; and
     (d) Proposed findings specifying how the
proposed energy facility complies with the applicable standards and criteria
for approval of a site certificate.
     (6) The council shall review the
application for site certification in the manner set forth in subsections (7)
to (10) of this section and shall issue a site certificate for the facility if
the council determines that the facility, with any required conditions to the
site certificate, will comply with:
     (a) The requirements for expedited review
as specified in this section;
     (b) The standards adopted by the council
pursuant to ORS 469.501 (1)(a), (c) to (e), (g), (h) and (L) to (o);
     (c) The requirements of ORS 469.503 (3);
and
     (d) The requirements of ORS 469.504
(1)(b).
     (7) Following submission of an application
for a site certificate, the council shall hold a public informational meeting
on the application. Following the issuance of the proposed order, the council
shall hold at least one public hearing on the application. The public hearing
shall be held in the area affected by the energy facility. The council shall
mail notice of the hearing at least 20 days prior to the hearing. The notice
shall comply with the notice requirements of ORS 197.763 (2) and shall include,
but need not be limited to, the following:
     (a) A description of the energy facility
and the general location of the energy facility;
     (b) The name of a department
representative to contact and the telephone number at which people may obtain
additional information;
     (c) A statement that copies of the
application and proposed order are available for inspection at no cost and will
be provided at reasonable cost; and
     (d) A statement that the record for public
comment on the application will close at the conclusion of the hearing and that
failure to raise an issue in person or in writing prior to the close of the record,
with sufficient specificity to afford the decision maker an opportunity to
respond to the issue, will preclude consideration of the issue, by the council
or by a court on judicial review of the councilÂ’s decision.
     (8) Prior to the conclusion of the hearing,
the applicant may request an opportunity to present additional written
evidence, arguments or testimony regarding the application. In the alternative,
prior to the conclusion of the hearing, the applicant may request a contested
case hearing on the application. If the applicant requests an opportunity to
present written evidence, arguments or testimony, the council shall leave the
record open for that purpose only for a period not to exceed 14 days after the
date of the hearing. Following the close of the record, the department shall
prepare a draft final order for the council. If the applicant requests a
contested case hearing, the council may grant the request if the applicant has
shown good cause for a contested case hearing. If a request for a contested
case hearing is granted, subsections (9) to (11) of this section do not apply,
and the application shall be considered under the same contested case
procedures used for a nonexpedited application for a site certificate.
     (9) The council shall make its decision
based on the record and the draft final order prepared by the department. The
council shall, within six months of the date that the application is deemed
filed:
     (a) Grant the application;
     (b) Grant the application with conditions;
     (c) Deny the application; or
     (d) Return the application to the site
certification process required by ORS 469.320.
     (10) If the application is granted, the
council shall issue a site certificate pursuant to ORS 469.401 and 469.402.
Notwithstanding subsection (6) of this section, the council may impose
conditions based on standards adopted under ORS 469.501 (1)(b), (f) and (i) to
(k), but may not deny an application based on those standards.
     (11) Judicial review of the approval or
rejection of a site certificate by the council under this section shall be as
provided in ORS 469.403. [2001 c.683 §15]
     Note: 469.373 was added to and made a part of
469.300 to 469.563 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     469.374 [1985 c.569 §15; repealed by 1993 c.544 §9]
     469.375
Required findings for radioactive waste disposal facility certificate. The Energy Facility Siting Council shall not
issue a site certificate for a waste disposal facility for uranium mine
overburden or uranium mill tailings, mill wastes or mill by-product or for
radioactive waste or radioactively contaminated containers or receptacles used
in the transportation, storage, use or application of radioactive material,
unless, accompanying its decision it finds:
     (1) The site is:
     (a) Suitable for disposal of such wastes,
and the amount of the wastes, intended for disposal at the site;
     (b) Not located in or adjacent to:
     (A) An area determined to be potentially
subject to river or creek erosion within the lifetime of the facility;
     (B) Within the 500-year floodplain of a
river, taking into consideration the area determined to be potentially subject
to river or creek erosion within the lifetime of the facility;
     (C) An active fault or an active fault
zone;
     (D) An area of ancient, recent or active
mass movement including land sliding, flow or creep;
     (E) An area subject to ocean erosion; or
     (F) An area having experienced volcanic
activity within the last two million years.
     (2) There is no available disposal
technology and no available alternative site for disposal of such wastes that
would better protect the health, safety and welfare of the public and the
environment;
     (3) The disposal of such wastes and the
amount of the wastes, at the site will be compatible with the regulatory
programs of federal government for disposal of such wastes;
     (4) The disposal of such wastes, and the
amount of the wastes, at the site will be coordinated with the regulatory
programs of adjacent states for disposal of such wastes;
     (5) That following closure of the site,
there will be no release of radioactive materials or radiation from the waste;
     (6) That suitable deed restrictions have
been placed on the site recognizing the hazard of the material; and
     (7) That, where federal funding for
remedial actions is not available, a surety bond in the name of the state has
been provided in an amount determined by the State Department of Energy to be
sufficient to cover any costs of closing the site and monitoring it or
providing for its security after closure and to secure performance of any site
certificate conditions. The bond may be withdrawn when the council finds that:
     (a) The radioactive waste has been
disposed of at a waste disposal facility for which a site certificate has been
issued; and
     (b) A fee has been paid to the State of
     (8) If any section, portion, clause or
phrase of this section is for any reason held to be invalid or unconstitutional
the remaining sections, portions, clauses and phrases shall not be affected but
shall remain in full force or effect, and to this end the provisions of this
section are severable. [Formerly 459.625; 1979 c.283 §3; 1981 c.587 §3; 1985
c.4]
     469.378
Land use compatibility statement for energy facility. Notwithstanding ORS 197.180, when a state
agency action or recommendation concerning an energy facility requires a land
use compatibility statement prior to the action being completed, the state agency
shall satisfy any applicable requirement of ORS 197.180 by conditioning the
agency action or recommendation on a determination by either the Energy
Facility Siting Council or the applicable city or county that the energy
facility as affected by the state agency action satisfies, or will continue to
satisfy, the applicable requirements of ORS 197.180. [2001 c.683 §17]
     Note: 469.378 was added to and made a part of
469.300 to 469.563 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     469.380 [Formerly 453.375; 1977 c.794 §12; 1977
c.895 §2; 1993 c.569 §9; repealed by 1995 c.505 §32]
     469.390 [Formerly 453.385; repealed by 1993 c.569 §31]
     469.400 [Formerly 453.395; 1977 c.794 §13; 1977
c.895 §3; repealed by 1993 c.569 §10 (469.401 and 469.403 enacted in lieu of
469.400)]
     469.401
Energy facility site certificate; conditions; effect of issuance on state and
local government agencies.
(1) Upon approval, the site certificate or any amended site certificate with
any conditions prescribed by the Energy Facility Siting Council shall be
executed by the chairperson of the council and by the applicant. The
certificate or amended certificate shall authorize the applicant to construct,
operate and retire the facility subject to the conditions set forth in the site
certificate or amended site certificate. The duration of the site certificate
or amended site certificate shall be the life of the facility.
     (2) The site certificate or amended site
certificate shall contain conditions for the protection of the public health
and safety, for the time for completion of construction, and to ensure
compliance with the standards, statutes and rules described in ORS 469.501 and
469.503. The site certificate or amended site certificate shall require both
parties to abide by local ordinances and state law and the rules of the council
in effect on the date the site certificate or amended site certificate is
executed, except that upon a clear showing of a significant threat to the
public health, safety or the environment that requires application of
later-adopted laws or rules, the council may require compliance with such
later-adopted laws or rules. For a permit addressed in the site certificate or
amended site certificate, the site certificate or amended site certificate
shall provide for facility compliance with applicable state and federal laws
adopted in the future to the extent that such compliance is required under the
respective state agency statutes and rules.
     (3) Subject to the conditions set forth in
the site certificate or amended site certificate, any certificate or amended
certificate signed by the chairperson of the council shall bind the state and
all counties and cities and political subdivisions in this state as to the
approval of the site and the construction and operation of the facility. After
issuance of the site certificate or amended site certificate, any affected
state agency, county, city and political subdivision shall, upon submission by
the applicant of the proper applications and payment of the proper fees, but
without hearings or other proceedings, promptly issue the permits, licenses and
certificates addressed in the site certificate or amended site certificate,
subject only to conditions set forth in the site certificate or amended site
certificate. After the site certificate or amended site certificate is issued,
the only issue to be decided in an administrative or judicial review of a state
agency or local government permit for which compliance with governing law was
considered and determined in the site certificate or amended site certificate
proceeding shall be whether the permit is consistent with the terms of the site
certificate or amended site certificate. Each state or local government agency
that issues a permit, license or certificate shall continue to exercise
enforcement authority over the permit, license or certificate.
     (4) Nothing in ORS chapter 469 shall be
construed to preempt the jurisdiction of any state agency or local government
over matters that are not included in and governed by the site certificate or
amended site certificate. Such matters include but are not limited to employee
health and safety, building code compliance, wage and hour or other labor
regulations, local government fees and charges or other design or operational
issues that do not relate to siting the facility. [1993 c.569 §11 (469.401 and
469.403 enacted in lieu of 469.400); 1995 c.505 §12; 1999 c.385 §2]
     469.402
Delegation of review of future action required by site certificate. If the Energy Facility Siting Council elects
to impose conditions on a site certificate or an amended site certificate, that
require subsequent review and approval of a future action, the council may delegate
the future review and approval to the State Department of Energy if, in the
councilÂ’s discretion, the delegation is warranted under the circumstances of
the case. [1995 c.505 §27; 1999 c.385 §3]
     Note: 469.402 was added to and made a part of
469.300 to 469.563 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     469.403
Rehearing on approval or rejection of application for site certificate or
amendment; appeal; judicial review vested in Supreme Court; stay of order. (1) Any party to a contested case proceeding
may apply for rehearing within 30 days from the date the approval or rejection
is served. The date of service shall be the date on which the Energy Facility
Siting Council delivered or mailed its approval or rejection in accordance with
ORS 183.470. The application for rehearing shall set forth specifically the
ground upon which the application is based. No objection to the councilÂ’s
approval or rejection of an application for a site certificate or a site
certificate amendment shall be considered on rehearing without good cause shown
unless the basis for the objection is urged with reasonable specificity before
the council in the site certificate or amended site certificate process. Upon
such application, the council shall have the power to grant or deny rehearing
or to abrogate or modify its order without further hearing. Unless the council
acts upon the application for rehearing within 30 days after the application is
filed, the application shall be considered denied. The filing of an application
for rehearing shall not, unless specifically ordered by the council, operate as
a stay of the site certificate or amended site certificate for the facility.
     (2) Any party to a contested case
proceeding on a site certificate or amended site certificate application may
appeal the councilÂ’s approval or rejection of the site certificate or amended
site certificate application. Issues on appeal shall be limited to those raised
by the parties to the contested case proceeding before the council.
     (3) Jurisdiction for judicial review of
the councilÂ’s approval or rejection of an application for a site certificate or
amended site certificate is conferred upon the Supreme Court. Proceedings for
review shall be instituted by filing a petition in the Supreme Court. The
petition shall be filed within 60 days after the date of service of the councilÂ’s
final order or within 30 days after the date the petition for rehearing is
denied or deemed denied. Date of service shall be the date on which the council
delivered or mailed its order in accordance with ORS 183.470.
     (4) The filing of a petition for judicial
review may not stay the order, except that a party to the contested case may
apply to the Supreme Court for a stay upon a showing that there is a colorable
claim of error and that:
     (a) The petitioner will suffer irreparable
injury; or
     (b) Construction of the energy facility
will result in irreparable harm to resources protected by applicable council
standards or applicable agency or local government standards.
     (5) If the Supreme Court grants a stay
pursuant to subsection (4) of this section, the court:
     (a) Shall require the petitioner
requesting the stay to give an undertaking in the amount of $5,000.
     (b) May grant a stay in whole or in part.
     (c) May impose other reasonable conditions
on the stay.
     (6) Except as otherwise provided in ORS
469.320 and this section, the review by the Supreme Court shall be the same as
the review by the Court of Appeals described in ORS 183.482. The Supreme Court
shall give priority on its docket to such a petition for review and shall
render a decision within six months of the filing of the petition for review.
     (7) The following periods of delay shall
be excluded from the six-month period within which the court must render a
decision under subsection (6) of this section:
     (a) Any period of delay resulting from a
motion properly before the court; or
     (b) Any reasonable period of delay
resulting from a continuance granted by the court on the courtÂ’s own motion or
at the request of one of the parties, if the court granted the continuance on
the basis of findings that the ends of justice served by granting the
continuance outweigh the best interests of the public and the other parties in
having a decision within six months.
     (8) No period of delay resulting from a
continuance granted by the Supreme Court under subsection (7)(b) of this
section shall be excluded from the six-month period unless the court sets forth,
in the record, either orally or in writing, its reasons for finding that the
ends of justice served by granting the continuance outweigh the best interests
of the public and the other parties in having a decision within six months. The
factors the court shall consider in determining whether to grant a continuance
under subsection (7)(b) of this section are:
     (a) Whether the failure to grant a
continuance in the proceeding would be likely to make a continuation of the
proceeding impossible or result in a miscarriage of justice; or
     (b) Whether the case is so unusual or so
complex, due to the number of parties involved or the existence of novel
questions of fact or law, that it is unreasonable to expect adequate
consideration of the issues within the six-month period.
     (9) No continuance under subsection (7)(b)
of this section shall be granted because of general congestion of the court
calendar or lack of diligent preparation or attention to the case by any member
of the court or any party. [1993 c.569 §12 (469.401 and 469.403 enacted in lieu
of 469.400); 1995 c.505 §13; 1999 c.385 §4; 2001 c.683 §12]
     469.405
Amendment of site certificate; judicial review; exemption; rules. (1) A site certificate may be amended with
the approval of the Energy Facility Siting Council. The council may establish
by rule the type of amendment that must be considered in a contested case
proceeding. Judicial review of an amendment to a site certificate shall be as
provided in ORS 469.403.
     (2) Notwithstanding ORS 34.020 or 197.825,
or any other provision of law, the land use approval by an affected local
government of a proposed amendment to a facility and the recommendation of the
special advisory group of applicable substantive criteria shall be subject to
judicial review only as provided in ORS 469.403. If the applicant elects to
show compliance with the statewide planning goals by demonstrating that the
facility has received local land use approval, the provisions of this section
shall apply only to proposed projects for which the land use approval by the
local government occurs after the date an application for amendment is
submitted to the State Department of Energy.
     (3) An amendment to a site certificate is
not required for a pipeline less than 16 inches in diameter and less than five
miles in length that is proposed to be constructed to test or maintain an
underground gas storage reservoir. If the proposed pipeline will connect to a
council certified surface facility related to an underground gas storage
reservoir or to a council certified gas pipeline, whether the proposed pipeline
is to be located inside or outside the site of a council certified facility,
the certificate holder must obtain, prior to construction, the approval of the
department for the construction, operation and retirement of the proposed
pipeline. The department shall approve such a proposed pipeline if the pipeline
meets applicable council substantive standards. Notwithstanding ORS 469.503
(3), the department may not review the proposed pipeline for compliance with
other state standards. Notwithstanding ORS 469.503 (4), or any council rule
addressing compliance with land use standards, the department shall not review
such a proposed pipeline for compliance with land use requirements.
Notwithstanding ORS 469.401 (3), the approval by the department of such
pipeline shall not bind any state or local agency. The council may adopt
appropriate procedural rules for the department review. The department shall
issue an order approving or rejecting the proposed pipeline. Judicial review of
a department order under this section shall be as provided in ORS 469.403. [1995
c.505 §2; 1999 c.385 §5]
     Note: 469.405 was added to and made a part of
469.300 to 469.563 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     469.407
Amendment of application to increase capacity of facility. (1) A recipient may by amendment of its
application for a site certificate or by amendment of its site certificate
increase the capacity of the facility if the Energy Facility Siting Council
finds that:
     (a) The facility will satisfy the
conditions of the 500-megawatt exemption, unless modified by the council;
     (b) The enlarged facility does not exceed
500 megawatts and meets the applicable carbon dioxide standard provided for in
ORS 469.503 (2) for any increase in capacity beyond the capacity of the
500-megawatt exemption; and
     (c) The enlarged facility meets all other
applicable council standards.
     (2) A recipient is deemed to meet any
applicable need standard and carbon dioxide emissions standard for the nominal
generating capacity of the 500-megawatt exemption provided that the recipient
satisfies the conditions of the 500-megawatt exemption, unless the council modifies
the conditions.
     (3) As used in this section:
     (a) “Recipient” means any base load gas
plant, as defined in ORS 469.503, determined by the council to have the lowest
net monetized air emissions among the applicants participating in a contested
case proceeding.
     (b) “500-megawatt exemption” means the
council order in which a recipient was determined to have the lowest net
monetized air emissions. [1997 c.428 §8]
     Note: 469.407 and 469.409 were added to and made a
part of 469.300 to 469.563 by legislative action but were not added to any
smaller series therein. See Preface to Oregon Revised Statutes for further
explanation.
     469.409
Amendment of site certificate to demonstrate compliance with carbon dioxide
emissions standard; binding arbitration to resolve disputes. Any site certificate holder that is required
by its site certificate or by law to demonstrate need for the facility shall
instead demonstrate compliance with the carbon dioxide emissions standard
applicable to the type of facility subject to the site certificate before
beginning construction. Such a demonstration shall be made as an amendment to
the site certificate. Notwithstanding ORS 469.405 or any council rule, if the
site certificate holder proceeds pursuant to ORS 469.503 (2)(c)(A) or (C), or
both, the Energy Facility Siting Council shall not conduct a contested case
hearing on such amendment and the councilÂ’s order shall not be subject to
judicial review. Any dispute about the site certificate holderÂ’s demonstration
of compliance with the applicable carbon dioxide emissions standard shall be
settled through binding arbitration. [1997 c.428 §7]
     Note: See note under 469.407.
     469.410
Energy facility site certificate applications filed or under construction prior
to July 2, 1975; conditions of site certificate; monitoring programs. (1) Any applicant for a site certificate for
an energy facility shall be deemed to have met all the requirements of ORS
176.820, 192.501 to 192.505, 192.690, 469.010 to 469.225, 469.300 to 469.563,
469.990, 757.710 and 757.720 relating to eligibility for a site certificate and
a site certificate shall be issued by the Energy Facility Siting Council for:
     (a) Any transmission lines for which
application has been filed with the federal government and the Public Utility
Commission of Oregon prior to July 2, 1975; and
     (b) Any energy facility under construction
on July 2, 1975.
     (2) Each applicant for a site certificate
under this section shall pay the fees required by ORS 469.421 (2) to (9), if
applicable, and shall execute a site certificate in which the applicant agrees:
     (a) To abide by the conditions of all
licenses, permits and certificates required by the State of Oregon or any
subdivision in the state to operate the energy facility and issued prior to
July 2, 1975; and
     (b) On and after July 2, 1975, to abide by
the rules of the Director of the State Department of Energy adopted pursuant to
ORS 469.040 (1)(d) and rules of the council adopted pursuant to ORS 469.300 to
469.563, 469.590 to 469.619 and 469.930.
     (3) The council has continuing authority
over the site for which the site certificate is issued and may inspect, or
direct the State Department of Energy to inspect, or request another state
agency or local government to inspect, the site at any time in order to ensure
that the facility is being operated consistently with the terms and conditions
of the site certificate and any applicable health or safety standards.
     (4) The council shall establish programs
for monitoring the environmental and ecological effects of the operation and
the decommissioning of energy facilities subject to site certificates issued
prior to July 2, 1975, to ensure continued compliance with the terms and
conditions of the site certificate and any applicable health or safety standards.
     (5) Site certificates executed by the
Governor under ORS 469.400 (1991 Edition) prior to July 2, 1975, shall bind
successor agencies created hereunder in accordance with the terms of such site
certificates. Any holder of a site certificate issued prior to July 2, 1975,
shall abide by the rules of the director adopted pursuant to ORS 469.040 (1)(d)
and rules of the council adopted pursuant to ORS 469.300 to 469.563, 469.590 to
469.619, 469.930 and 469.992. [1975 c.606 §24; 1983 c.740 §184; 1989 c.88 §5;
1993 c.569 §13; 1995 c.505 §15]
     469.420 [Formerly 453.405; 1977 c.813 §1; 1979 c.234
§1; 1981 c.792 §3; repealed by 1981 c.792 §4 (469.421 enacted in lieu of
469.420)]
     469.421
Fees; exemptions; assessment of certain utilities and suppliers; penalty. (1) Subject to the provisions of ORS
469.441, any person submitting a notice of intent, a request for exemption
under ORS 469.320, a request for an expedited review under ORS 469.370, a
request for an expedited review under ORS 469.373, a request for the State
Department of Energy to approve a pipeline under ORS 469.405 (3), an
application for a site certificate or a request to amend a site certificate
shall pay all expenses incurred by the Energy Facility Siting Council, the
State Department of Energy and the Oregon Department of Administrative Services
related to the review and decision of the council. These expenses may include
legal expenses, expenses incurred in processing and evaluating the application,
issuing a final order or site certificate, commissioning an independent study
by a contractor, state agency or local government under ORS 469.360, and
changes to the rules of the council that are specifically required and related
to the particular site certificate.
     (2) Every person submitting a notice of
intent to file for a site certificate, a request for exemption or a request for
expedited review shall submit the fee required under the fee schedule
established under ORS 469.441 to the State Department of Energy when the notice
or request is submitted to the council. To the extent possible, the full cost
of the evaluation shall be paid from the fee paid under this subsection.
However, if costs of the evaluation exceed the fee, the person submitting the
notice or request shall pay any excess costs shown in an itemized statement
prepared by the council. In no event shall the council incur evaluation
expenses in excess of 110 percent of the fee initially paid unless the council
provides prior notification to the applicant and a detailed projected budget the
council believes necessary to complete the project. If costs are less than the
fee paid, the excess shall be refunded to the person submitting the notice or
request.
     (3) Before submitting a site certificate
application, the applicant shall request from the State Department of Energy an
estimate of the costs expected to be incurred in processing the application.
The department shall inform the applicant of that amount and require the
applicant to make periodic payments of such costs pursuant to a cost reimbursement
agreement. The cost reimbursement agreement shall provide for payment of 25
percent of the estimated costs when the applicant submits the application. If
costs of the evaluation exceed the estimate, the applicant shall pay any excess
costs shown in an itemized statement prepared by the council. In no event shall
the council incur evaluation expenses in excess of 110 percent of the fee
initially estimated unless the council provided prior notification to the
applicant and a detailed projected budget the council believes is necessary to
complete the project. If costs are less than the fee paid, the council shall
refund the excess to the applicant.
     (4) Any person who is delinquent in the
payment of fees under subsections (1) to (3) of this section shall be subject
to the provisions of subsection (11) of this section.
     (5) Subject to the provisions of ORS
469.441, each holder of a certificate shall pay an annual fee, due every July 1
following issuance of a site certificate. For each fiscal year, upon approval
of the State Department of EnergyÂ’s budget authorization by a regular session
of the Legislative Assembly or as revised by the Emergency Board, the Director
of the State Department of Energy promptly shall enter an order establishing an
annual fee based on the amount of revenues that the director estimates is
needed to fund the cost of ensuring that the facility is being operated
consistently with the terms and conditions of the site certificate, any order
issued by the department under ORS 469.405 (3) and any applicable health or
safety standards. In determining this cost, the director shall include both the
actual direct cost to be incurred by the council, the State Department of
Energy and the Oregon Department of Administrative Services to ensure that the
facility is being operated consistently with the terms and conditions of the
site certificate, any order issued by the State Department of Energy under ORS
469.405 (3) and any applicable health or safety standards, and the general
costs to be incurred by the council, the State Department of Energy and the
Oregon Department of Administrative Services to ensure that all certificated
facilities are being operated consistently with the terms and conditions of the
site certificates, any orders issued by the State Department of Energy under
ORS 469.405 (3) and any applicable health or safety standards that cannot be
allocated to an individual, licensed facility. Not more than 35 percent of the
annual fee charged each facility shall be for the recovery of these general
costs. The fees for direct costs shall reflect the size and complexity of the
facility and its certificate conditions.
     (6) Each holder of a site certificate
executed after July 1 of any fiscal year shall pay a fee for the remaining
portion of the year. The amount of the fee shall be set at the cost of
regulating the facility during the remaining portion of the year determined in
the same manner as the annual fee.
     (7) When the actual costs of regulation
incurred by the council, the State Department of Energy and the Oregon
Department of Administrative Services for the year, including that portion of
the general regulation costs that have been allocated to a particular facility,
are less than the annual fees for that facility, the unexpended balance shall
be refunded to the site certificate holder. When the actual regulation costs
incurred by the council, the State Department of Energy and the Oregon
Department of Administrative Services for the year, including that portion of
the general regulation costs that have been allocated to a particular facility,
are projected to exceed the annual fee for that facility, the Director of the
State Department of Energy may issue an order revising the annual fee.
     (8) In addition to any other fees required
by law, each energy resource supplier shall pay to the State Department of
Energy annually its share of an assessment to fund the activities of the Energy
Facility Siting Council, the Oregon Department of Administrative Services and
the State Department of Energy, determined by the Director of the State
Department of Energy in the following manner:
     (a) Upon approval of the budget
authorization of the Energy Facility Siting Council, the Oregon Department of
Administrative Services and the State Department of Energy by a regular session
of the Legislative Assembly, the Director of the State Department of Energy
shall promptly enter an order establishing the amount of revenues required to
be derived from an assessment pursuant to this subsection in order to fund the
activities of the Energy Facility Siting Council, the Oregon Department of
Administrative Services and the State Department of Energy, including those
enumerated in ORS 469.030 and others authorized by law, for the first fiscal
year of the forthcoming biennium. On or before June 1 of each even-numbered
year, the Director of the State Department of Energy shall enter an order
establishing the amount of revenues required to be derived from an assessment
pursuant to this subsection in order to fund the activities of the Energy
Facility Siting Council, the Oregon Department of Administrative Services and
the State Department of Energy, including those enumerated in ORS 469.030 and
others authorized by law, for the second fiscal year of the biennium which
order shall take into account any revisions to the biennial budget of the
Energy Facility Siting Council, the State Department of Energy and the Oregon
Department of Administrative Services made by the Emergency Board or by a
special session of the Legislative Assembly subsequent to the most recently
concluded regular session of the Legislative Assembly.
     (b) Each order issued by the director
pursuant to paragraph (a) of this subsection shall allocate the aggregate
assessment set forth therein to energy resource suppliers in accordance with
paragraph (c) of this subsection.
     (c) The amount assessed to an energy
resource supplier shall be based on the ratio which that supplierÂ’s annual
gross operating revenue derived within this state in the preceding calendar
year bears to the total gross operating revenue derived within this state
during that year by all energy resource suppliers. The assessment against an
energy resource supplier shall not exceed five-tenths of one percent of the
supplierÂ’s gross operating revenue derived within this state in the preceding
calendar year. The director shall exempt from payment of an assessment any
individual energy resource supplier whose calculated share of the annual
assessment is less than $250.
     (d) The director shall send each energy
resource supplier subject to assessment pursuant to this subsection a copy of
each order issued, by registered or certified mail. The amount assessed to the
energy resource supplier pursuant to the order shall be considered to the
extent otherwise permitted by law a government-imposed cost and recoverable by
the energy resource supplier as a cost included within the price of the service
or product supplied.
     (e) The amounts assessed to individual
energy resource suppliers pursuant to paragraph (c) of this subsection shall be
paid to the State Department of Energy as follows:
     (A) Amounts assessed for the first fiscal
year of a biennium shall be paid not later than 90 days following the close of
the regular session of the Legislative Assembly; and
     (B) Amounts assessed for the second fiscal
year of a biennium shall be paid not later than July 1 of each even-numbered
year.
     (f) An energy resource supplier shall
provide the director, on or before May 1 of each year, a verified statement
showing its gross operating revenues derived within the state for the preceding
calendar year. The statement shall be in the form prescribed by the director
and is subject to audit by the director. The statement shall include an entry
showing the total operating revenue derived by petroleum suppliers from fuels
sold that are subject to the requirements of section 3, Article IX of the
Oregon Constitution, ORS 319.020 with reference to aircraft fuel and motor
vehicle fuel, and ORS 319.530. The director may grant an extension of not more
than 15 days for the requirements of this subsection if:
     (A) The energy supplier makes a showing of
hardship caused by the deadline;
     (B) The energy supplier provides
reasonable assurance that the energy supplier can comply with the revised
deadline; and
     (C) The extension of time does not prevent
the Energy Facility Siting Council, the Oregon Department of Administrative
Services or the State Department of Energy from fulfilling their statutory
responsibilities.
     (g) As used in this section:
     (A) “Energy resource supplier” means an
electric utility, natural gas utility or petroleum supplier supplying
electricity, natural gas or petroleum products in Oregon.
     (B) “Gross operating revenue” means gross
receipts from sales or service made or provided within this state during the
regular course of the energy supplierÂ’s business, but does not include either
revenue derived from interutility sales within the state or revenue received by
a petroleum supplier from the sale of fuels that are subject to the
requirements of section 3, Article IX of the Oregon Constitution, ORS 319.020
or 319.530.
     (C) “Petroleum supplier” has the meaning
given that term in ORS 469.020.
     (h) In determining the amount of revenues
that must be derived from any class of energy resource suppliers by assessment
pursuant to this subsection, the director shall take into account all other
known or readily ascertainable sources of revenue to the Energy Facility Siting
Council, the Oregon Department of Administrative Services and the State
Department of Energy, including, but not limited to, fees imposed under this
section and federal funds, and may take into account any funds previously
assessed pursuant to ORS 469.420 (1979 Replacement Part) or section 7, chapter
792, Oregon Laws 1981.
     (i) Orders issued by the director pursuant
to this section shall be subject to judicial review under ORS 183.484. The
taking of judicial review shall not operate to stay the obligation of an energy
resource supplier to pay amounts assessed to it on or before the statutory
deadline.
     (9)(a) In addition to any other fees
required by law, each operator of a nuclear fueled thermal power plant or
nuclear installation within this state shall pay to the State Department of
Energy annually on July 1, an assessment in an amount determined by the
director to be necessary to fund the activities of the state and the counties
associated with emergency preparedness for a nuclear fueled thermal power plant
or nuclear installation. The assessment shall not exceed $461,250 per year.
Moneys collected as assessments under this subsection are continuously
appropriated to the State Department of Energy for this purpose.
     (b) The State Department of Energy shall
maintain and shall cause other state agencies and counties to maintain time and
billing records for the expenditure of any fees collected from an operator of a
nuclear fueled thermal power plant under paragraph (a) of this subsection.
     (10) Reactors operated by a college,
university or graduate center for research purposes and electric utilities not
connected to the Northwest Power Grid are exempt from the fee requirements of
subsections (5), (8) and (9) of this section.
     (11)(a) All fees assessed by the director
against holders of site certificates for facilities that have an installed
capacity of 500 megawatts or greater may be paid in several installments, the
schedule for which shall be negotiated between the director and the site
certificate holder.
     (b) Energy resource suppliers or
applicants or holders of a site certificate who fail to pay a fee provided
under subsections (1) to (9) of this section or the fees required under ORS
469.360 after it is due and payable shall pay, in addition to that fee, a
penalty of two percent of the fee a month for the period that the fee is past
due. Any payment made according to the terms of a schedule negotiated under
paragraph (a) of this subsection shall not be considered past due. The director
may bring an action to collect an unpaid fee or penalty in the name of the
State of
     469.430
Site inspections. The Energy
Facility Siting Council has continuing authority over the site for which the
site certificate is issued and may inspect, or direct the State Department of
Energy to inspect, or request another state agency or local government to
inspect, the site at any time in order to assure that the facility is being
operated consistently with the terms and conditions of the site certificate or
any order issued by the department under ORS 469.405 (3). The council shall
avoid duplication of effort with site inspections by other state and federal
agencies and local governments that have issued permits or licenses for the
facility. [Formerly 453.415; 1993 c.569 §15; 1995 c.505 §16; 1999 c.385 §7]
     469.440
Grounds for revocation or suspension of certificates. Pursuant to the procedures for contested
cases in ORS chapter 183, a site certificate or an amended site certificate may
be revoked or suspended:
     (1) For failure to comply with the terms
or conditions of the site certificate or amended site certificate;
     (2) For violation of the provisions of ORS
469.525 to 469.563, 469.590 to 469.619, 469.930 and 469.992 or rules adopted
pursuant to ORS 469.525 to 469.563, 469.590 to 469.619, 469.930 and 469.992; or
     (3) If the site certificate was executed
prior to July 2, 1975, for violation of the provisions of ORS 469.300 to
469.520 or rules adopted pursuant to ORS 469.300 to 469.520 or for failure to
comply with applicable health or safety standards. [Formerly 453.425; 1993
c.569 §16; 1995 c.505 §17; 1999 c.385 §8]
     469.441
Justification of fees charged; judicial review. (1) All expenses incurred by the Energy
Facility Siting Council and the State Department of Energy under ORS 469.360
(1) and 469.421 that are charged to or allocated to the fee paid by an
applicant or the holder of a site certificate shall be necessary, just and
reasonable. Upon request, the department or the council shall provide a
detailed justification for all charges to the applicant or site certificate
holder. Not later than January 1 of each odd-numbered year, the council by
order shall establish a schedule of fees which those persons submitting a
notice of intent, a request for an exemption, a request for a pipeline
described in ORS 469.405 (3) or a request for an expedited review must submit
under ORS 469.421 at the time of submitting the notice of intent, request for
exemption, request for pipeline or request for expedited review. The fee
schedule shall be designed to recover the councilÂ’s actual costs of evaluating
the notice of intent, request for exemption, request for pipeline or request
for expedited review subject to any applicable expenditure limitation in the
councilÂ’s budget. Fees shall be based upon actual, historical costs incurred by
the council and department to the extent historical costs are available. The
fees established by the schedule shall reflect the size and complexity of the
project for which a notice of intent, request for exemption, request for
pipeline or request for expedited review is submitted, whether the notice of
intent, request for exemption, request for pipeline or request for expedited
review is for a new or existing facility and other appropriate variables having
an effect on the expense of evaluation.
     (2) If a dispute arises regarding the
necessity or reasonableness of expenses charged to or allocated to the fee paid
by an applicant or site certificate holder, the applicant or holder may seek
judicial review for the amount of expenses charged or allocated in circuit
court as provided in ORS 183.480, 183.484, 183.490 and 183.500. If the
applicant or holder establishes that any of the charges or allocations are
unnecessary or unreasonable, the council or the department shall refund the
amount found to be unnecessary or unreasonable. The applicant or holder shall
not waive the right to judicial review by paying the portion of the fee or
expense in dispute. [1989 c.88 §8; 1993 c.569 §17; 1999 c.385 §9]
(High Voltage
Transmission Lines)
     469.442
Procedure prior to construction of transmission line in excess of 230,000
volts; review committee. (1)
Any person who proposes to construct a transmission line in excess of 230,000
volts capacity that is not otherwise under the jurisdiction of the Energy
Facility Siting Council shall:
     (a) Give public notice of the proposed
action at least six months before beginning any process to obtain local permits
required for the proposed transmission line. Notification shall be given:
     (A) By publication once a week for four
consecutive weeks in a newspaper of general circulation in the county or
counties in which the transmission line is to be constructed; and
     (B) To the governing bodies and planning
directors of cities and counties which are within or partially within the
project study area.
     (b) Provide an opportunity for public
comment on the proposed transmission line and conduct public meetings to review
the proposal.
     (c) Respond specifically and in writing to
local concerns and recommendations regarding the proposed transmission line.
     (2) The Director of the State Department
of Energy shall establish a committee to include technical experts and members
of the public to coordinate public review of a proposed transmission line under
subsection (1) of this section when requested to do so by ordinance or
resolution of the affected governing body.
     (3) At the conclusion of the public
review, the committee shall make a summary report to the affected governing
body including public concerns and recommendations concerning the proposed
transmission line.
     (4) The scope of work and cost of
conducting the review shall be negotiated between the State Department of
Energy and the project sponsor. The negotiated cost shall be paid by the
project sponsor.
     (5) Subsections (1) to (4) of this section
shall not apply to a person who proposes to construct transmission lines
entirely within 500 feet of an existing corridor occupied by transmission lines
with a capacity in excess of 230,000 volts. [1987 c.200 §2; 1993 c.569 §18]
     469.445 [1987 c.200 §3; repealed by 1993 c.569 §31]
(Administration)
     469.450
Energy Facility Siting Council; appointment; confirmation; term; restrictions. (1) There is established an Energy Facility
Siting Council to be located within the Oregon Department of Administrative
Services and consisting of seven public members, who shall be appointed by the
Governor, subject to confirmation by the Senate in the manner prescribed in ORS
171.562 and 171.565.
     (2) The term of office of each member is
four years, but a member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a successor
whose term begins on July 1 next following. A member is eligible for
reappointment but no member shall serve more than two full terms. If there is a
vacancy for any cause, the Governor shall make an appointment to become immediately
effective for the unexpired term.
     (3) No member of the council shall be an
employee, director or retired employee or director of or a consultant to or
have any pecuniary interest, other than an incidental interest which is
disclosed and made a matter of public record at the time of the appointment to
the council, in any corporation or utility operating or interested in
establishing an energy facility in this state or in any manufacturer of related
equipment.
     (4) No member shall for two years after
the expiration of the term of the member accept employment with any owner or
operator of any energy facility that is subject to ORS 469.300 to 469.563,
469.590 to 469.619, 469.930 and 469.992.
     (5) Employment of a person in violation of
this section shall be grounds for revocation of any license issued by this
state or any agency thereof and held by the owner or operator of the energy
facility that employs such person. [Formerly 453.435; 1995 c.551 §12]
     469.460
Officers; meetings; compensation and expenses. (1) The Energy Facility Siting Council shall
annually elect from among its members a chairperson and vice chairperson with
such powers and duties as the council imposes in accordance with ORS 469.300 to
469.563, 469.590 to 469.619, 469.930 and 469.992. The council may meet as often
as it requires at a time and place determined by the council. Five members
constitute a quorum. The Governor or the chairperson of the council may call a
special meeting, to be held at any place in this state designated by the person
calling the meeting, upon 24 hoursÂ’ notice to each member and to the public.
     (2) Council members shall be entitled to
compensation and expenses as provided in ORS 292.495. [Formerly 453.445]
     469.470
Powers and duties; rules.
The Energy Facility Siting Council shall:
     (1) Conduct and prepare, independently or
in cooperation with others, studies, investigations, research and programs
relating to all aspects of site selection.
     (2) In accordance with the applicable
provisions of ORS chapter 183, and subject to the provisions of ORS 469.501
(3), adopt standards and rules to perform the functions vested by law in the
council including the adoption of standards and rules for the siting of energy
facilities pursuant to ORS 469.501, and implementation of the energy policy of
the State of Oregon set forth in ORS 469.010 and 469.310.
     (3) Encourage voluntary cooperation by the
people, municipalities, counties, industries, agriculture, and other pursuits,
in performing the functions vested by law in the council.
     (4) Advise, consult, and cooperate with
other agencies of the state, political subdivisions, industries, other states,
the federal government and affected groups, in furtherance of the purposes of
ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992.
     (5) Consult with the Water Resources
Commission on the need for power and other areas within the expertise of the
council when the Water Resources Commission is determining whether to allocate
water for hydroelectric development.
     (6) Perform such other and further acts as
may be necessary, proper or desirable to carry out effectively the duties,
powers and responsibilities of the council described in ORS 469.300 to 469.563,
469.590 to 469.619, 469.930 and 469.992. [Formerly 453.455; 1991 c.480 §7; 1993
c.544 §5; 1993 c.569 §19; 1995 c.505 §18]
     469.480
Local government advisory group; special advisory groups; compensation and
expenses; Electric and Magnetic Field Committee; rules. (1) The Energy Facility Siting Council shall
designate as a special advisory group the governing body of any local
government within whose jurisdiction the facility is proposed to be located.
     (2) In addition to advisory groups
required by subsection (1) of this section the council may establish such
special advisory groups as are considered necessary. Such advisory groups shall
include membership as determined by the council to represent interests and
disciplines as needed to carry out the responsibility assigned to such advisory
groups, which shall report findings, recommendations and decisions to the
council.
     (3) Subject to applicable laws regulating
travel and other expenses of state officers and employees, members of any
advisory committee appointed under subsection (1) of this section shall receive
no compensation but may receive their actual and necessary travel and other
expenses incurred in the performance of their official duties.
     (4) The council by rule shall form an
Electric and Magnetic Field Committee which shall meet at the call of the
council chair. The committee shall include representatives of the public,
utilities, manufacturers and state agencies. The committee shall monitor
information being developed on electric and magnetic fields and report the
committeeÂ’s findings to the council. The council shall report the findings of
the Electric and Magnetic Field Committee to the Legislative Assembly. [Formerly
453.475; 1991 c.491 §1; 1993 c.569 §20; 1995 c.551 §17]
(Rules; Standards;
Compliance)
     469.490
Adoption of rules; determination of validity. All rules adopted by the Energy Facility Siting Council pursuant to
ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992 shall be
adopted in the manner required by ORS chapter 183. The validity of any rule
adopted by the council may be determined only upon a petition by any person to
the Supreme Court. The petition must be filed within 60 days after the date the
rule becomes effective under ORS 183.355. The review by the Supreme Court of
the validity of any rule adopted by the council shall otherwise be according to
ORS 183.400. The Supreme Court shall give priority on its docket to such a
petition for review. [Formerly 453.495; 1995 c.505 §19]
     469.500 [Formerly 453.505; repealed by 1993 c.569 §21
(469.501, 469.503, 469.505 and 469.507 enacted in lieu of 469.500 and 469.510)]
     469.501
Energy facility siting, construction, operation and retirement standards;
exemptions. (1) The Energy
Facility Siting Council shall adopt standards for the siting, construction,
operation and retirement of facilities. The standards may address but need not
be limited to the following subjects:
     (a) The organizational, managerial and
technical expertise of the applicant to construct and operate the proposed
facility.
     (b) Seismic hazards.
     (c) Areas designated for protection by the
state or federal government, including but not limited to monuments, wilderness
areas, wildlife refuges, scenic waterways and similar areas.
     (d) The financial ability and
qualifications of the applicant.
     (e) Effects of the facility, taking into
account mitigation, on fish and wildlife, including threatened and endangered
fish, wildlife or plant species.
     (f) Impacts of the facility on historic,
cultural or archaeological resources listed on, or determined by the State
Historic Preservation Officer to be eligible for listing on, the National
Register of Historic Places or the Oregon State Register of Historic
Properties.
     (g) Protection of public health and
safety, including necessary safety devices and procedures.
     (h) The accumulation, storage, disposal
and transportation of nuclear waste.
     (i) Impacts of the facility on recreation,
scenic and aesthetic values.
     (j) Reduction of solid waste and
wastewater generation to the extent reasonably practicable.
     (k) Ability of the communities in the
affected area to provide sewers and sewage treatment, water, storm water
drainage, solid waste management, housing, traffic safety, police and fire
protection, health care and schools.
     (L) The need for proposed nongenerating
facilities as defined in ORS 469.503, consistent with the state energy policy
set forth in ORS 469.010 and 469.310. The council may consider least-cost plans
when adopting a need standard or in determining whether an applicable need
standard has been met. The council shall not adopt a standard requiring a
showing of need or cost-effectiveness for generating facilities as defined in
ORS 469.503.
     (m) Compliance with the statewide planning
goals adopted by the Land Conservation and Development Commission as specified
by ORS 469.503.
     (n) Soil protection.
     (o) For energy facilities that emit carbon
dioxide, the impacts of those emissions on climate change. For fossil-fueled
power plants, as defined in ORS 469.503, the council shall apply a standard as
provided for by ORS 469.503 (2).
     (2) The council may adopt exemptions from
any need standard adopted under subsection (1)(L) of this section if the
exemption is consistent with the stateÂ’s energy policy set forth in ORS 469.010
and 469.310.
     (3) The council may issue a site
certificate for a facility that does not meet one or more of the standards
adopted under subsection (1) of this section if the council determines that the
overall public benefits of the facility outweigh the damage to the resources
protected by the standards the facility does not meet.
     (4) Notwithstanding subsection (1) of this
section, the council may not impose any standard developed under subsection
(1)(b), (f), (j) or (k) of this section to approve or deny an application for
an energy facility producing power from wind, solar or geothermal energy.
However, the council may, to the extent it determines appropriate, apply any
standards adopted under subsection (1)(b), (f), (j) or (k) of this section to
impose conditions on any site certificate issued for any energy facility. [1993
c.569 §22 (469.501, 469.503, 469.505 and 469.507 enacted in lieu of 469.500 and
469.510); 1995 c.505 §20; 1997 c.428 §3; 2001 c.134 §7]
     469.503
Requirements for approval of energy facility site certificate; carbon dioxide
emissions standard; offset funds; use of offset funds by qualifying
organization; rules. In
order to issue a site certificate, the Energy Facility Siting Council shall
determine that the preponderance of the evidence on the record supports the
following conclusions:
     (1) The facility complies with the
standards adopted by the council pursuant to ORS 469.501 or the overall public
benefits of the facility outweigh the damage to the resources protected by the
standards the facility does not meet.
     (2) If the energy facility is a
fossil-fueled power plant, the energy facility complies with any applicable
carbon dioxide emissions standard adopted by the council or enacted by statute.
Base load gas plants shall comply with the standard set forth in subsection
(2)(a) of this section. Other fossil-fueled power plants shall comply with any
applicable standard adopted by the council by rule pursuant to subsection
(2)(b) of this section. Subsections (2)(c) and (d) of this section prescribe
the means by which an applicant may comply with the applicable standard.
     (a) The net carbon dioxide emissions rate
of the proposed base load gas plant shall not exceed 0.70 pounds of carbon
dioxide emissions per kilowatt hour of net electric power output, with carbon
dioxide emissions and net electric power output measured on a new and clean
basis. Notwithstanding the foregoing, the council may by rule modify the carbon
dioxide emissions standard for base load gas plants if the council finds that
the most efficient stand-alone combined cycle, combustion turbine, natural
gas-fired energy facility that is commercially demonstrated and operating in
the United States has a net heat rate of less than 7,200 Btu per kilowatt hour
higher heating value adjusted to ISO conditions. In modifying the carbon
dioxide emission standard, the council shall determine the rate of carbon
dioxide emissions per kilowatt hour of net electric output of such energy
facility, adjusted to ISO conditions, and reset the carbon dioxide emissions
standard at 17 percent below this rate.
     (b) The council shall adopt carbon dioxide
emissions standards for other types of fossil-fueled power plants. Such carbon
dioxide emissions standards shall be promulgated by rule. In adopting or
amending such carbon dioxide emissions standards, the council shall consider
and balance at least the following principles, the findings on which shall be
contained in the rulemaking record:
     (A) Promote facility fuel efficiency;
     (B) Promote efficiency in the resource
mix;
     (C) Reduce net carbon dioxide emissions;
     (D) Promote cogeneration that reduces net
carbon dioxide emissions;
     (E) Promote innovative technologies and
creative approaches to mitigating, reducing or avoiding carbon dioxide
emissions;
     (F) Minimize transaction costs;
     (G) Include an alternative process that
separates decisions on the form and implementation of offsets from the final
decision on granting a site certificate;
     (H) Allow either the applicant or third
parties to implement offsets;
     (I) Be attainable and economically
achievable for various types of power plants;
     (J) Promote public participation in the
selection and review of offsets;
     (K) Promote prompt implementation of
offset projects;
     (L) Provide for monitoring and evaluation
of the performance of offsets; and
     (M) Promote reliability of the regional
electric system.
     (c) The council shall determine whether
the applicable carbon dioxide emissions standard is met by first determining
the gross carbon dioxide emissions that are reasonably likely to result from
the operation of the proposed energy facility. Such determination shall be
based on the proposed design of the energy facility. The council shall adopt
site certificate conditions to ensure that the predicted carbon dioxide
emissions are not exceeded on a new and clean basis. For any remaining emissions
reduction necessary to meet the applicable standard, the applicant may elect to
use any of subparagraphs (A) to (D) of this paragraph, or any combination
thereof. The council shall determine the amount of carbon dioxide emissions
reduction that is reasonably likely to result from the applicantÂ’s offsets and
whether the resulting net carbon dioxide emissions meet the applicable carbon
dioxide emissions standard. If the council or a court on judicial review
concludes that the applicant has not demonstrated compliance with the
applicable carbon dioxide emissions standard under subparagraphs (A), (B) or
(D) of this paragraph, or any combination thereof, and the applicant has agreed
to meet the requirements of subparagraph (C) of this paragraph for any deficiency,
the council or a court shall find compliance based on such agreement.
     (A) The facility will sequentially produce
electrical and thermal energy from the same fuel source, and the thermal energy
will be used to displace another source of carbon dioxide emissions that would
have otherwise continued to occur, in which case the council shall adopt site
certificate conditions ensuring that the carbon dioxide emissions reduction
will be achieved.
     (B) The applicant or a third party will
implement particular offsets, in which case the council may adopt site
certificate conditions ensuring that the proposed offsets are implemented but
shall not require that predicted levels of avoidance, displacement or
sequestration of carbon dioxide emissions be achieved. The council shall
determine the quantity of carbon dioxide emissions reduction that is reasonably
likely to result from each of the proposed offsets based on the criteria in
sub-subparagraphs (i) to (iii) of this subparagraph. In making this determination,
the council shall not allow credit for offsets that have already been allocated
or awarded credit for carbon dioxide emissions reduction in another regulatory
setting. In addition, the fact that an applicant or other parties involved with
an offset may derive benefits from the offset other than the reduction of
carbon dioxide emissions is not, by itself, a basis for withholding credit for
an offset.
     (i) The degree of certainty that the
predicted quantity of carbon dioxide emissions reduction will be achieved by
the offset;
     (ii) The ability of the council to
determine the actual quantity of carbon dioxide emissions reduction resulting
from the offset, taking into consideration any proposed measurement, monitoring
and evaluation of mitigation measure performance; and
     (iii) The extent to which the reduction of
carbon dioxide emissions would occur in the absence of the offsets.
     (C) The applicant or a third party agrees
to provide funds in an amount deemed sufficient to produce the reduction in
carbon dioxide emissions necessary to meet the applicable carbon dioxide
emissions standard, in which case the funds shall be used as specified in
paragraph (d) of this subsection. Unless modified by the council as provided
below, the payment of 57 cents shall be deemed to result in a reduction of one
ton of carbon dioxide emissions. The council shall determine the offset funds
using the monetary offset rate and the level of emissions reduction required to
meet the applicable standard. If a site certificate is approved based on this
subparagraph, the council may not adjust the amount of such offset funds based
on the actual performance of offsets. After three years from June 26, 1997, the
council may by rule increase or decrease the monetary offset rate of 57 cents
per ton of carbon dioxide emissions. Any change to the monetary offset rate
shall be based on empirical evidence of the cost of carbon dioxide offsets and
the councilÂ’s finding that the standard will be economically achievable with
the modified rate for natural gas-fired power plants. Following the initial
three-year period, the council may increase or decrease the monetary offset
rate no more than 50 percent in any two-year period.
     (D) Any other means that the council
adopts by rule for demonstrating compliance with any applicable carbon dioxide
emissions standard.
     (d) If the applicant elects to meet the
applicable carbon dioxide emissions standard in whole or in part under
paragraph (c)(C) of this subsection the applicant shall identify the qualified
organization. The applicant may identify an organization that has applied for,
but has not received, an exemption from federal income taxation, but the
council may not find that the organization is a qualified organization unless
the organization is exempt from federal taxation under section 501(c)(3) of the
Internal Revenue Code as amended and in effect on December 31, 1996. The site
certificate holder shall provide a bond or comparable security in a form
reasonably acceptable to the council to ensure the payment of the offset funds
and the amount required under subparagraph (A)(ii) of this paragraph. Such
security shall be provided by the date specified in the site certificate, which
shall be no later than the commencement of construction of the facility. The site
certificate shall require that the offset funds be disbursed as specified in
subparagraph (A) of this paragraph, unless the council finds that no qualified
organization exists, in which case the site certificate shall require that the
offset funds be disbursed as specified in subparagraph (B) of this paragraph.
     (A) The site certificate holder shall
disburse the offset funds and any other funds required by sub-subparagraph (ii)
of this subparagraph to the qualified organization as follows:
     (i) When the site certificate holder
receives written notice from the qualified organization certifying that the
qualified organization is contractually obligated to pay any funds to implement
offsets using the offset funds, the site certificate holder shall make the requested
amount available to the qualified organization unless the total of the amount
requested and any amounts previously requested exceeds the offset funds, in
which case only the remaining amount of the offset funds shall be made
available. The qualified organization shall use at least 80 percent of the
offset funds for contracts to implement offsets. The qualified organization may
use up to 20 percent of the offset funds for monitoring, evaluation,
administration and enforcement of contracts to implement offsets.
     (ii) At the request of the qualified
organization and in addition to the offset funds, the site certificate holder
shall pay the qualified organization an amount equal to 10 percent of the first
$500,000 of the offset funds and 4.286 percent of any offset funds in excess of
$500,000. This amount shall not be less than $50,000 unless a lesser amount is
specified in the site certificate. This amount compensates the qualified
organization for its costs of selecting offsets and contracting for the implementation
of offsets.
     (iii) Notwithstanding any provision to the
contrary, a site certificate holder subject to this subparagraph shall have no
obligation with regard to offsets, the offset funds or the funds required by
sub-subparagraph (ii) of this subparagraph other than to make available to the
qualified organization the total amount required under paragraph (c) of this
subsection and sub-subparagraph (ii) of this subparagraph, nor shall any
nonperformance, negligence or misconduct on the part of the qualified
organization be a basis for revocation of the site certificate or any other
enforcement action by the council with respect to the site certificate holder.
     (B) If the council finds there is no
qualified organization, the site certificate holder shall select one or more
offsets to be implemented pursuant to criteria established by the council. The
site certificate holder shall give written notice of its selections to the
council and to any person requesting notice. On petition by the State Department
of Energy, or by any person adversely affected or aggrieved by the site
certificate holderÂ’s selection of offsets, or on the councilÂ’s own motion, the
council may review such selection. The petition must be received by the council
within 30 days of the date the notice of selection is placed in the
     (C) Every qualified organization that has
received funds under this paragraph shall, at five-year intervals beginning on
the date of receipt of such funds, provide the council with the information the
council requests about the qualified organizationÂ’s performance. The council
shall evaluate the information requested and, based on such information, shall
make any recommendations to the Legislative Assembly that the council deems
appropriate.
     (e) As used in this subsection:
     (A) “Adjusted to ISO conditions” means
carbon dioxide emissions and net electric power output as determined at 59
degrees Fahrenheit, 14.7 pounds per square inch atmospheric pressure and 60
percent humidity.
     (B) “Base load gas plant” means a
generating facility that is fueled by natural gas, except for periods during
which an alternative fuel may be used and when such alternative fuel use shall
not exceed 10 percent of expected fuel use in Btu, higher heating value, on an
average annual basis, and where the applicant requests and the council adopts
no condition in the site certificate for the generating facility that would
limit hours of operation other than restrictions on the use of alternative
fuel. The council shall assume a 100 percent capacity factor for such plants
and a 30-year life for the plants for purposes of determining gross carbon
dioxide emissions.
     (C) “Fossil-fueled power plant” means a
generating facility that produces electric power from natural gas, petroleum,
coal or any form of solid, liquid or gaseous fuel derived from such material.
     (D) “Generating facility” means those
energy facilities that are defined in ORS 469.300 (11)(a)(A), (B) and (D).
     (E) “Gross carbon dioxide emissions” means
the predicted carbon dioxide emissions of the proposed energy facility measured
on a new and clean basis.
     (F) “Net carbon dioxide emissions” means
gross carbon dioxide emissions of the proposed energy facility, less carbon
dioxide emissions avoided, displaced or sequestered by any combination of
cogeneration or offsets.
     (G) “New and clean basis” means the average
carbon dioxide emissions rate per hour and net electric power output of the
energy facility, without degradation, as determined by a 100-hour test at full
power completed during the first 12 months of commercial operation of the
energy facility, with the results adjusted for the average annual site
condition for temperature, barometric pressure and relative humidity and use of
alternative fuels, and using a rate of 117 pounds of carbon dioxide per million
Btu of natural gas fuel and a rate of 161 pounds of carbon dioxide per million
Btu of distillate fuel, if such fuel use is proposed by the applicant. The
council may by rule adjust the rate of pounds of carbon dioxide per million Btu
for natural gas or distillate fuel. The council may by rule set carbon dioxide
emissions rates for other fuels.
     (H) “Nongenerating facility” means those
energy facilities that are defined in ORS 469.300 (11)(a)(C) and (E) to (I).
     (I) “Offset” means an action that will be
implemented by the applicant, a third party or through the qualified
organization to avoid, sequester or displace emissions of carbon dioxide.
     (J) “Offset funds” means the amount of
funds determined by the council to satisfy the applicable carbon dioxide
emissions standard pursuant to paragraph (c)(C) of this subsection.
     (K) “Qualified organization” means an
entity that:
     (i) Is exempt from federal taxation under
section 501(c)(3) of the Internal Revenue Code as amended and in effect on
December 31, 1996;
     (ii) Either is incorporated in the State
of
     (iii) Has in effect articles of
incorporation that require that offset funds received pursuant to this section
are used for offsets that will result in the direct reduction, elimination,
sequestration or avoidance of carbon dioxide emissions, that require that
decisions on the use of such funds are made by a body composed of seven voting
members of which three are appointed by the council, three are Oregon residents
appointed by the Bullitt Foundation or an alternative environmental nonprofit
organization named by the body, and one is appointed by the applicants for site
certificates that are subject to paragraph (d) of this subsection and the
holders of such site certificates, and that require nonvoting membership on the
decision-making body for holders of site certificates that have provided funds
not yet disbursed under paragraph (d)(A) of this subsection;
     (iv) Has made available on an annual
basis, beginning after the first year of operation, a signed opinion of an
independent certified public accountant stating that the qualified organizationÂ’s
use of funds pursuant to this statute conforms with generally accepted
accounting procedures except that the qualified organization shall have one
year to conform with generally accepted accounting principles in the event of a
nonconforming audit;
     (v) Has to the extent applicable, except
for good cause, entered into contracts obligating at least 60 percent of the
offset funds to implement offsets within two years after the commencement of
construction of the facility; and
     (vi) Has to the extent applicable, except
for good cause, complied with paragraph (d)(A)(i) of this subsection.
     (3) Except as provided in ORS 469.504 for
land use compliance and except for those statutes and rules for which the
decision on compliance has been delegated by the federal government to a state
agency other than the council, the facility complies with all other Oregon
statutes and administrative rules identified in the project order, as amended,
as applicable to the issuance of a site certificate for the proposed facility.
If compliance with applicable
     (4) The facility complies with the
statewide planning goals adopted by the Land Conservation and Development
Commission. [1993 c.569 §23 (469.501, 469.503, 469.505 and 469.507 enacted in
lieu of 469.500 and 469.510); 1995 c.505 §21; 1997 c.428 §4; 1999 c.365 §11;
2001 c.134 §10; 2003 c.186 §78]
     469.504
Facility compliance with statewide planning goals; exception; amendment of
local plan and land use regulations; conflicts; technical assistance; rules. (1) A proposed facility shall be found in
compliance with the statewide planning goals under ORS 469.503 (4) if:
     (a) The facility has received local land
use approval under the acknowledged comprehensive plan and land use regulations
of the affected local government; or
     (b) The Energy Facility Siting Council
determines that:
     (A) The facility complies with applicable
substantive criteria from the affected local governmentÂ’s acknowledged
comprehensive plan and land use regulations that are required by the statewide
planning goals and in effect on the date the application is submitted, and with
any Land Conservation and Development Commission administrative rules and goals
and any land use statutes that apply directly to the facility under ORS
197.646;
     (B) For an energy facility or a related or
supporting facility that must be evaluated against the applicable substantive
criteria pursuant to subsection (5) of this section, that the proposed facility
does not comply with one or more of the applicable substantive criteria but
does otherwise comply with the applicable statewide planning goals, or that an
exception to any applicable statewide planning goal is justified under
subsection (2) of this section; or
     (C) For a facility that the council elects
to evaluate against the statewide planning goals pursuant to subsection (5) of
this section, that the proposed facility complies with the applicable statewide
planning goals or that an exception to any applicable statewide planning goal
is justified under subsection (2) of this section.
     (2) The council may find goal compliance
for a facility that does not otherwise comply with one or more statewide
planning goals by taking an exception to the applicable goal. Notwithstanding
the requirements of ORS 197.732, the statewide planning goal pertaining to the
exception process or any rules of the Land Conservation and Development
Commission pertaining to an exception process goal, the council may take an
exception to a goal if the council finds:
     (a) The land subject to the exception is
physically developed to the extent that the land is no longer available for
uses allowed by the applicable goal;
     (b) The land subject to the exception is
irrevocably committed as described by the rules of the Land Conservation and
Development Commission to uses not allowed by the applicable goal because
existing adjacent uses and other relevant factors make uses allowed by the
applicable goal impracticable; or
     (c) The following standards are met:
     (A) Reasons justify why the state policy
embodied in the applicable goal should not apply;
     (B) The significant environmental,
economic, social and energy consequences anticipated as a result of the
proposed facility have been identified and adverse impacts will be mitigated in
accordance with rules of the council applicable to the siting of the proposed
facility; and
     (C) The proposed facility is compatible
with other adjacent uses or will be made compatible through measures designed
to reduce adverse impacts.
     (3) If compliance with applicable
substantive local criteria and applicable statutes and state administrative
rules would result in conflicting conditions in the site certificate or amended
site certificate, the council shall resolve the conflict consistent with the
public interest. A resolution may not result in a waiver of any applicable
state statute.
     (4) An applicant for a site certificate
shall elect whether to demonstrate compliance with the statewide planning goals
under subsection (1)(a) or (b) of this section. The applicant shall make the
election on or before the date specified by the council by rule.
     (5) Upon request by the State Department
of Energy, the special advisory group established under ORS 469.480 shall
recommend to the council, within the time stated in the request, the applicable
substantive criteria under subsection (1)(b)(A) of this section. If the special
advisory group does not recommend applicable substantive criteria within the
time established in the departmentÂ’s request, the council may either determine
and apply the applicable substantive criteria under subsection (1)(b) of this
section or determine compliance with the statewide planning goals under
subsection (1)(b)(B) or (C) of this section. If the special advisory group
recommends applicable substantive criteria for an energy facility described in
ORS 469.300 or a related or supporting facility that does not pass through more
than one local government jurisdiction or more than three zones in any one
jurisdiction, the council shall apply the criteria recommended by the special
advisory group. If the special advisory group recommends applicable substantive
criteria for an energy facility as defined in ORS 469.300 (11)(a)(C) to (E) or
a related or supporting facility that passes through more than one jurisdiction
or more than three zones in any one jurisdiction, the council shall review the
recommended criteria and determine whether to evaluate the proposed facility
against the applicable substantive criteria recommended by the special advisory
group, against the statewide planning goals or against a combination of the
applicable substantive criteria and statewide planning goals. In making its
determination, the council shall consult with the special advisory group and
shall consider:
     (a) The number of jurisdictions and zones
in question;
     (b) The degree to which the applicable
substantive criteria reflect local government consideration of energy
facilities in the planning process; and
     (c) The level of consistency of the
applicable substantive criteria from the various zones and jurisdictions.
     (6) The council is not subject to ORS
197.180 and a state agency may not require an applicant for a site certificate
to comply with any rules or programs adopted under ORS 197.180.
     (7) On or before its next periodic review,
each affected local government shall amend its comprehensive plan and land use
regulations as necessary to reflect the decision of the council pertaining to a
site certificate or amended site certificate.
     (8) Notwithstanding ORS 34.020 or 197.825
or any other provision of law, the affected local governmentÂ’s land use
approval of a proposed facility under subsection (1)(a) of this section and the
special advisory groupÂ’s recommendation of applicable substantive criteria
under subsection (5) of this section shall be subject to judicial review only
as provided in ORS 469.403. If the applicant elects to comply with subsection
(1)(a) of this section, the provisions of this subsection shall apply only to
proposed projects for which the land use approval of the local government
occurs after the date a notice of intent or an application for expedited
processing is submitted to the State Department of Energy.
     (9) The State Department of Energy, in
cooperation with other state agencies, shall provide, to the extent possible,
technical assistance and information about the siting process to local
governments that request such assistance or that anticipate having a facility
proposed in their jurisdiction. [1997 c.428 §5; 1999 c.385 §10; 2001 c.134 §11;
2003 c.186 §79; 2005 c.829 §12]
     Note: 469.504 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 469 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     469.505
Consultation with other agencies. (1) In making a determination regarding compliance with statutes,
rules and ordinances administered by another agency or compliance with
requirements of ORS 469.300 to 469.563 and 469.590 to 469.619 where another
agency has special expertise, consultation with the other agency shall occur
during the notice of intent and site certificate application process. Any
permit application for which the permitting decision has been delegated by the
federal government to a state agency other than the Energy Facility Siting
Council shall be reviewed, whenever feasible, simultaneously with the councilÂ’s
review of the site certificate application. Any hearings required on such
permit applications shall be consolidated, whenever feasible, with hearings
under ORS 469.300 to 469.563 and 469.590 to 469.619.
     (2) Before resolving any conflicting conditions
in site certificates or amended site certificates under ORS 469.503 (3) and
469.504, the council shall notify and consult with the agencies and local
governments responsible for administering the statutes, administrative rules or
substantive local criteria that result in the conflicting conditions regarding
potential conflict resolution. [1993 c.569 §24 (469.501, 469.503, 469.505 and
469.507 enacted in lieu of 469.500 and 469.510); 1997 c.428 §9; 1999 c.385 §11]
     469.507
Monitoring environmental and ecological effects of construction and operation
of energy facilities. (1)
The site certificate holder shall establish programs for monitoring the
environmental and ecological effects of the construction and operation of
facilities subject to site certificates to assure continued compliance with the
terms and conditions of the certificate. The programs shall be subject to
review and approval by the Energy Facility Siting Council.
     (2) The site certificate holder shall
perform the testing and sampling necessary for the monitoring program or
require the operator of the plant to perform the necessary testing or sampling
pursuant to guidelines established by the Energy Facility Siting Council or its
designee. The council and the Director of the State Department of Energy shall
have access to operating logs, records and reprints of the certificate holder,
including those required by federal agencies.
     (3) The monitoring program may be
conducted in cooperation with any federally operated program if the information
available from the federal program is acceptable to the council, but no federal
program shall be substituted totally for monitoring supervised by the council
or its designee.
     (4) The monitoring program shall include
monitoring of the transportation process for all radioactive material removed
from any nuclear fueled thermal power plant or nuclear installation. [1993
c.569 §25 (469.501, 469.503, 469.505 and 469.507 enacted in lieu of 469.500 and
469.510); 1995 c.505 §22]
     469.510 [Formerly 453.515; 1977 c.794 §15; repealed
by 1993 c.569 §21 (469.501, 469.503, 469.505 and 469.507 enacted in lieu of
469.500 and 469.510)]
     469.520
Cooperation of state governmental bodies; adoption of rules by state agencies
on energy facility development.
(1) Each state agency and political subdivision in this state that is concerned
with energy facilities shall inform the State Department of Energy, promptly of
its activities and programs relating to energy and radiation.
     (2) Each state agency proposing to adopt,
amend or rescind a rule relating to energy facility development first shall
file a copy of its proposal with the council, which may order such changes as
it considers necessary to conform to state policy as stated in ORS 469.010 and
469.310.
     (3) The effective date of a rule relating
to energy facility development, or an amendment or rescission thereof, shall
not be sooner than 10 days subsequent to the filing of a copy of such proposal
with the council. [Formerly 453.525]
(Plant Operations;
Radioactive Wastes)
     469.525
Radioactive waste disposal facilities prohibited; exceptions; rules. Notwithstanding any other provision of this
chapter, no waste disposal facility for any radioactive waste shall be
established, operated or licensed within this state, except as follows:
     (1) Wastes generated before June 1, 1981,
through industrial or manufacturing processes which contain only naturally
occurring radioactive isotopes which are disposed of at sites approved by the
Energy Facility Siting Council in accordance with ORS 469.375.
     (2) Medical, industrial and research
laboratory wastes contained in small, sealed, discrete containers in which the
radioactive material is dissolved or dispersed in an organic solvent or
biological fluid for the purpose of liquid scintillation counting and
experimental animal carcasses shall be disposed of or treated at a hazardous
waste disposal facility licensed by the Department of Environmental Quality and
in a manner consistent with rules adopted by the Department of Environmental
Quality after consultation with and approval by the Department of Human
Services.
     (3) Maintenance of radioactive coal ash at
the site of a thermal power plant for which a site certificate has been issued
pursuant to this chapter shall not constitute operation of a waste disposal
facility so long as such coal ash is maintained in accordance with the terms of
the site certificate as amended from time to time as necessary to protect the
public health and safety. [Formerly 459.630; 1979 c.283 §2; 1981 c.587 §2]
     469.530
Review and approval of security programs. The Energy Facility Siting Council and the Director of the State
Department of Energy shall review and approve all security programs attendant
to a nuclear-fueled thermal power plant, a nuclear installation and the
transportation of radioactive material derived from or destined for a
nuclear-fueled thermal power plant or a nuclear installation. The council shall
provide reasonable public notice of a meeting of the council held for purposes
of such review and approval. [Formerly 453.535; 1981 c.707 §3; 1989 c.6 §1]
     469.533
State Department of Energy rules for health protection and evacuation procedures
in nuclear emergency.
Notwithstanding ORS chapter 401, the State Department of Energy in cooperation
with the Department of Human Services and the Office of Emergency Management
shall establish rules for the protection of health and procedures for the
evacuation of people and communities who would be affected by radiation in the
event of an accident or a catastrophe in the operation of a nuclear power plant
or nuclear installation. [Formerly 453.765; 1983 c.586 §43]
     469.534
County procedures. Each
county in this state that has a nuclear-fueled thermal power plant located
within county boundaries and each county within this state that has any portion
of its area located within 50 miles of a site within this state of a
nuclear-fueled thermal power plant shall develop written procedures that are
compatible with the rules adopted by the State Department of Energy under ORS
469.533. The department shall review the county procedures to determine whether
they are compatible with the rules of the department. [1983 c.586 §46]
     469.535
Governor may assume control of emergency operations during nuclear accident or
catastrophe. Notwithstanding
ORS chapter 401, when an emergency exists because of an accident or catastrophe
in the operation of a nuclear power plant or nuclear installation or in the
transportation of radioactive material, the Governor, for the duration of the
emergency, may:
     (1) Assume complete control of all
emergency operations in the area affected by the accident or catastrophe,
direct all rescue and salvage work and do all things deemed advisable and
necessary to alleviate the immediate conditions.
     (2) Assume control of all police and law
enforcement activities in such area, including the activities of all local
police and peace officers.
     (3) Close all roads and highways in such
area to traffic or by order of the Director of the State Department of Energy
limit the travel on such roads to such extent as the director deems necessary
and expedient.
     (4) Designate persons to coordinate the
work of public and private relief agencies operating in such area and exclude
from such area any person or agency refusing to cooperate with other agencies
engaged in emergency work.
     (5) Require the aid and assistance of any
state or other public or quasi-public agencies in the performance of duties and
work attendant upon the emergency conditions in such area. [1983 c.586 §47]
     469.536
Public utility to disseminate information under ORS 469.533. A public utility which operates a nuclear
power plant or nuclear installation shall disseminate to the governing bodies
of cities and counties that may be affected information approved by the State
Department of Energy which explains rules or procedures adopted under ORS
469.533. [Formerly 453.770]
     469.540
Reductions or curtailment of operations for violation of safety standards;
notice; time period for repairs; transport and disposal of radioactive
materials. (1) In instances
where the Director of the State Department of Energy determines either from the
monitoring or surveillance of the director that there is danger of violation of
a safety standard adopted under ORS 469.501 from the continued operation of a
plant or installation, the director may order temporary reductions or
curtailment of operations until such time as proper safety precautions can be
taken.
     (2) An order of reduction or curtailment
shall be entered only after notice to the thermal power plant or installation
and only after a reasonable time, considering the extent of the danger, has
been allowed for repairs or other alterations that would bring the plant or
installation into conformity with applicable safety standards.
     (3) The director may order compliance or
impose other safety conditions on the transport or disposal of radioactive
materials or wastes if the director believes that ORS 469.300 to 469.619 and
469.930 or rules adopted pursuant thereto are being violated or are in danger
of being violated. [Formerly 453.545; 1989 c.6 §2; 1993 c.569 §26; 2003 c.186 §31]
     469.550
Order for halt of plant operations or activities with radioactive material;
notice. (1) Whenever in the
judgment of the Director of the State Department of Energy from the results of
monitoring or surveillance of operation of any nuclear-fueled thermal power
plant or nuclear installation or based upon information from the Energy
Facility Siting Council there is cause to believe that there is clear and
immediate danger to the public health and safety from continued operation of
the plant or installation, the director shall, in cooperation with appropriate
state and federal agencies, without hearing or prior notice, order the
operation of the plant halted by service of the order on the plant
superintendent or other person charged with the operation thereof. Within 24
hours after such order, the director must appear in the appropriate circuit
court to petition for the relief afforded under ORS 469.563 and may commence
proceedings for revocation of the site certificate if grounds therefor exist.
     (2) Whenever, in the judgment of the
director based upon monitoring or surveillance by the director, or based upon
information from the council, there is cause to believe that there is clear and
immediate danger to the public health and safety from the accumulation or
storage of radioactive material located at a nuclear-fueled thermal power plant
or a nuclear installation, the director shall in cooperation with appropriate
state and federal agencies, without hearing or prior notice, order such
accumulation, storage, disposal or transportation halted or immediately impose
safety precautions by service of the order on the officer responsible for the
accumulation, storage, disposal or transportation. Within 24 hours after such
an order, the director must appear in the appropriate circuit court to petition
for the relief afforded under ORS 469.563.
     (3)(a) If the director believes there is a
clear and immediate danger to public health or safety, the director shall halt
the transportation or disposal of radioactive material or waste.
     (b) The director shall serve an order to
halt the transportation or disposal of radioactive material on the person
responsible for the transport or disposal. The order may be served without
prior hearing or notice.
     (c) Within 24 hours after the director
serves an order under paragraph (b) of this subsection, the director shall
petition the appropriate circuit court for relief under ORS 469.563.
     (4) The Governor, in the absence of the
director, may issue orders and petition for judicial relief as provided in this
section. [Formerly 453.555; 1977 c.794 §16; 1989 c.6 §3; 2003 c.186 §32]
     469.553
Active uranium mill or mill tailings disposal facility site certification
required; procedure for review; fees. (1) Any person desiring to construct or operate an active uranium mill
or uranium mill tailings disposal facility after June 25, 1979, shall file with
the Energy Facility Siting Council a site certificate application.
     (2) The Energy Facility Siting Council
shall review an application for a site certificate under this section using the
procedure prescribed in ORS 469.350, 469.360, 469.370, 469.375, 469.401 and
469.403, for energy facilities. The council is authorized to assess fees in
accordance with ORS 469.421 in connection with site certificates applied for or
issued under this section. [1979 c.283 §7; 1987 c.633 §1; 1993 c.569 §27; 1995
c.505 §25]
     469.556
Rules governing uranium-related activities. The Energy Facility Siting Council shall adopt rules governing the
location, construction and operation of uranium mills and uranium mill tailings
disposal facilities and the treatment, storage and disposal of uranium mine
overburden for the protection of the public health and safety and the
environment. [1979 c.283 §8]
     469.559
Cooperative agreements authorized between council and federal officials and
agencies; rules; powers of Governor; exception for inactive or abandoned site. (1) Notwithstanding the authority of the
Department of Human Services pursuant to ORS 453.605 to 453.800 to regulate
radiation sources or the requirements of ORS 469.525, the Energy Facility
Siting Council may enter into and carry out cooperative agreements with the Secretary
of Energy pursuant to Title I and the Nuclear Regulatory Commission pursuant to
Title II of the Uranium Mill Tailings Radiation Control Act of 1978, Public Law
95-604, and perform or cause to be performed any and all acts necessary to be
performed by the state, including the acquisition by condemnation or otherwise,
retention and disposition of land or interests therein, in order to implement
that Act and rules, standards and guidelines adopted pursuant thereto. The
Energy Facility Siting Council may adopt, amend or repeal rules in accordance
with ORS chapter 183 and may receive and disburse funds in connection with the
implementation and administration of this section.
     (2) The Energy Facility Siting Council and
the State Department of Energy may enter into and carry out cooperative
agreements and arrangements with any agency of the federal government
implementing the Comprehensive Environmental Response, Compensation, and
Liability Act, as amended, 42 U.S.C. section 9601 et seq., to clean up wastes and
contaminated material, including overburden, created by uranium mining before
June 29, 1989. Any such project need not obtain a site certificate from the
council, but shall nevertheless comply with all applicable, relevant or
appropriate state standards including but not limited to those set forth in ORS
469.375 and rules adopted by the council and other state agencies to implement
such standards.
     (3) The Governor may do any and all things
necessary to implement the requirements of the federal Acts referred to in
subsections (1) and (2) of this section.
     (4) Notwithstanding ORS 469.553, after
June 25, 1979, no site certificate is required for the cleanup and disposal of
an inactive or abandoned uranium mill tailings site as authorized under
subsection (1) of this section and Title I of the Uranium Mill Tailings
Radiation Control Act of 1978, Public Law 95-604. [1979 c.283 §9; 1987 c.633 §2;
1989 c.496 §1]
(Records)
     469.560
Records; public inspection; confidential information. (1) Except as provided in subsection (2) of
this section and ORS 192.501 to 192.505, any information filed or submitted
pursuant to ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992
shall be made available for public inspection and copying during regular office
hours of the State Department of Energy at the expense of any person requesting
copies.
     (2) Any information, other than that
relating to the public safety, relating to secret process, device, or method of
manufacturing or production obtained in the course of inspection, investigation
or activities under ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and
469.992 shall be kept confidential and shall not be made a part of public
record of any hearing. [Formerly 453.565]
(Insurance)
     469.561
Property insurance required; exceptions; filing of policy. (1) A person owning and operating a nuclear
power plant in this state under a license issued by the United States Nuclear
Regulatory Commission or under a site certificate issued under ORS 469.300 to
469.563, 469.590 to 469.619, 469.930 and 469.992 shall obtain and maintain
property insurance in the maximum insurable amount available for each nuclear
incident occurring within this state, as required by this section. The
insurance shall cover property damage occurring within a nuclear plant and its
related or supporting facilities as a result of the nuclear incident.
     (2) Insurance required under this section
does not apply to:
     (a) Any claim of an employee of a person
obtaining insurance under this section, if the claim is made under a state or
federal workersÂ’ compensation Act and if the employee is employed at the site
of and in connection with the nuclear power plant at which the nuclear incident
occurred; or
     (b) Any claim arising out of an act of
war.
     (3) A person obtaining insurance under
this section shall maintain insurance for the term of the license issued to the
nuclear power plant by the United States Nuclear Regulatory Commission and for
any extension of the term, and until all radioactive material has been removed
from the nuclear power plant and transportation of the radioactive material
from the nuclear power plant has ended.
     (4) A person obtaining insurance under
this section shall file a copy of the insurance policy, any amendment to the
policy and any superseding insurance policy with the Director of the State
Department of Energy.
     (5) Property insurance required under this
section is in addition to and not in lieu of insurance coverage provided under
the Price-Anderson Act (42 U.S.C. 2210).
     (6) Property insurance required by
subsections (1) to (5) of this section may include private insurance,
self-insurance, utility industry association self-assurance pooling programs,
or a combination of all three.
     (7) A person may fulfill the requirements
for an insurance policy under subsections (1) to (5) of this section by
obtaining policies of one or more insurance carriers if the policies together
meet the requirements of subsections (1) to (5) of this section. [Formerly
469.565]
     469.562
Eligible insurers. (1) In
order to provide the private insurance specified under ORS 469.561, an insurer
must be authorized to provide or transact insurance in this state.
     (2) An insurer providing property
insurance required under ORS 469.561 (1) to (5) may obtain reinsurance as
defined in ORS 731.126. [Formerly 469.567]
(Enforcement)
     469.563
Court orders for enforcement.
Without prior administrative proceedings, a circuit court may issue such
restraining orders, and such temporary and permanent injunctive relief as is necessary
to secure compliance with ORS 469.320, 469.405 (3), 469.410, 469.421, 469.430,
469.440, 469.442, 469.507, 469.525 to 469.559, 469.560, 469.561, 469.562,
469.590 to 469.619, 469.930 and 469.992 or with the terms and conditions of a
site certificate. [Formerly 469.570; 1999 c.385 §12]
     469.565 [1981 c.866 §§3,4; renumbered 469.561 in
1997]
(
     469.566
Legislative findings. (1)
The Legislative Assembly finds and declares that
     (a) Consider the unique features of
     (b) Ensure adequate opportunity for public
participation in the assessment process.
     (2) Over the past 45 years, the
     (3) Therefore, the Legislative Assembly
declares that it is in the best interests of the State of Oregon to establish
an Oregon Hanford Cleanup Board to serve as a focus for the State of Oregon in
the development of a state policy to be presented to the federal government, to
ensure a maximum of public participation in the assessment and cleanup process.
[1987 c.514 §1; 1991 c.562 §3; 2001 c.104 §204; 2003 c.186 §33]
     Note: 469.566 to 469.583 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
469 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     469.567 [1981 c.866 §5; renumbered 469.562 in 1997]
     469.568
Construction of ORS 469.566 to 469.583. Nothing in ORS 469.566 to 469.583 shall be interpreted by the federal
government or the United States Department of Energy as an expression by the
people of
     Note: See note under 469.566.
     469.569
Definitions for ORS 469.566 to 469.583. As used in ORS 469.566 to 469.583:
     (1) “Board” means the Oregon Hanford
Cleanup Board.
     (2) “High-level radioactive waste” means
fuel or fission products from a commercial nuclear reactor after irradiation
that is packaged and prepared for disposal.
     (3) “United States Department of Energy”
means the federal Department of Energy established under 42 U.S.C.A. 7131 or
any successor agency assigned responsibility for the long-term disposal of
high-level radioactive waste. [1987 c.514 §3; 2003 c.186 §34]
     Note: See note under 469.566.
     469.570 [Formerly 453.575; 1995 c.505 §23;
renumbered 469.563 in 1997]
     469.571
     (1) The Director of the State Department
of Energy or designee;
     (2) The Water Resources Director or
designee;
     (3) A representative of the Governor;
     (4) One member representing the
Confederated Tribes of the Umatilla Indian Reservation;
     (5) Ten members of the public, appointed
by the Governor, one of whom shall be a representative of a local emergency
response organization in eastern Oregon and one of whom shall serve as
chairperson; and
     (6) Three members of the Senate, appointed
by the President of the Senate, and three members of the House of
Representatives, appointed by the Speaker of the House of Representatives who
shall serve as advisory members without vote. [1987 c.514 §4; 1991 c.562 §1;
1997 c.249 §271; 2003 c.186 §5]
     Note: See note under 469.566.
     469.572
Compensation of board members.
(1) Each member of the Oregon Hanford Cleanup Board shall serve at the pleasure
of the appointing authority. For purposes of this subsection, for those members
of the board selected by the public advisory committee, the appointing
authority shall be the public advisory committee.
     (2) Each public member of the board shall
receive compensation and expenses as provided in ORS 292.495. Each legislative
member shall receive compensation and expenses as provided in ORS 171.072.
     (3) The board shall be under the
supervision of the chairperson. [1987 c.514 §5]
     Note: See note under 469.566.
     469.573
Purpose of
     (1) Shall serve as the focal point for all
policy discussions within the state government concerning the disposal of
high-level radioactive waste in the northwest region.
     (2) Shall recommend a state policy to the
Governor and to the Legislative Assembly.
     (3) After consultation with the Governor,
may make policy recommendations on other issues related to the Hanford Nuclear
Reservation at
     Note: See note under 469.566.
     469.574
Duties of
     (1) Serve as the initial agency in this
state to be contacted by the United States Department of Energy or any other
federal agency on any matter related to the long-term disposal of high-level
radioactive waste and other issues related to the Hanford Nuclear Reservation.
     (2) Serve as the initial agency in this
state to receive any report, study, document, information or notification of
proposed plans from the federal government on any matter related to the
long-term disposal of high-level radioactive waste or other issues related to
the Hanford Nuclear Reservation. Notification of proposed plans includes
notification of proposals to conduct field work, on-site evaluation or on-site
testing.
     (3) Disseminate or arrange with the United
States Department of Energy or other federal agency to disseminate the
information received under subsection (2) of this section to appropriate state
agencies, local governments, regional planning commissions, American Indian tribal
governing bodies, the general public and interested citizen groups who have
requested in writing to receive this information.
     (4) Recommend to the Governor and
Legislative Assembly appropriate responses to contacts under subsection (1) of
this section and information received under subsection (2) of this section if a
response is appropriate. The board shall consult with the appropriate state
agency, local government, regional planning commission, American Indian tribal
governing body, the general public and interested citizen groups in preparing
this response.
     (5) Promote and coordinate educational
programs which provide information on the nature of high-level radioactive
waste, the long-term disposal of this waste, the activities of the board, the activities
of the United States Department of Energy and any other federal agency related
to the long-term disposal of high-level radioactive waste or other issues
related to the Hanford Nuclear Reservation and the opportunities of the public
to participate in procedures and decisions related to this waste.
     (6) Review any application to the United
States Department of Energy or other federal agency by a state agency, local
government or regional planning commission for funds for any program related to
the long-term disposal of high-level radioactive waste or other issues related
to the Hanford Nuclear Reservation. If the board finds that the application is
not consistent with the stateÂ’s policy related to such issue or that the
application is not in the best interest of the state, the board shall forward
its findings to the Governor and the appropriate legislative committee. If the
board finds that the application of a state agency is not consistent with the
stateÂ’s policy related to long-term disposal of high-level radioactive waste or
that the application of a state agency is not in the best interest of the
state, the findings forwarded to the Governor and legislative committee shall
include a recommendation that the Governor act to stipulate conditions for the
acceptance of the funds which are necessary to safeguard the interests of the
state.
     (7) Monitor activity in Congress and the
federal government related to the long-term disposal of high-level radioactive
waste and other issues related to the Hanford Nuclear Reservation.
     (8) If appropriate, advise the Governor
and the Legislative Assembly to request the Attorney General to intervene in
federal proceedings to protect the stateÂ’s interests and present the stateÂ’s
point of view on matters related to the long-term disposal of high-level
radioactive waste or other issues related to the Hanford Nuclear Reservation.
     (9) Coordinate with appropriate
counterparts and agencies in the State of
     Note: See note under 469.566.
     469.575
Duties of chairperson of
     (1) Supervise the day-to-day functions of
the board;
     (2) Hire, assign, reassign and coordinate
the administrative personnel of the board, prescribe their duties and fix their
compensation, subject to the State Personnel Relations Law; and
     (3) Request technical assistance from any
other state agency. [1987 c.514 §8]
     Note: See note under 469.566.
     469.576
Review of
     (a) Include a full scientific review of
the adequacy of the selected site and of the site plan;
     (b) Use recognized experts;
     (c) Conduct one or more public hearings on
the site plan;
     (d) Make available to the public arguments
and evidence for and against the site plan; and
     (e) Solicit comments from appropriate
state agencies, local governments, regional planning commissions, American
Indian tribal governing bodies, the general public and interested citizen
groups on the adequacy of the
     (2) After completing the review under subsection
(1) of this section, the board shall submit a recommendation to the Speaker of
the House of Representatives, the President of the Senate and the Governor on
whether the state should accept the
     Note: See note under 469.566.
     469.577
Lead agency; agreements with federal agencies related to long-term disposal of
high-level radioactive waste.
(1) In addition to any other duty prescribed by law and subject to the policy
direction of the board, a lead agency designated by the Governor shall
negotiate written agreements and modifications to those agreements, with the
United States Department of Energy or any other federal agency or state on any
matter related to the long-term disposal of high-level radioactive waste.
     (2) Any agreement or modification to an
agreement negotiated by the agency designated by the Governor under subsection
(1) of this section shall be consistent with the policy expressed by the
Governor and the Legislative Assembly as developed by the Oregon Hanford
Cleanup Board.
     (3) The Oregon Hanford Cleanup Board shall
make recommendations to the agency designated by the Governor under subsection
(1) of this section concerning the terms of agreements or modifications to
agreements negotiated under subsection (1) of this section or other issues
related to the Hanford Nuclear Reservation. [1987 c.514 §11; 1991 c.562 §5;
2001 c.104 §209]
     Note: See note under 469.566.
     469.578
     Note: See note under 469.566.
     469.579
Authority to accept moneys; disbursement of funds; rules. The Oregon Hanford Cleanup Board may accept
moneys from the United States Department of Energy, other federal agencies, the
State of
     Note: See note under 469.566.
     469.580 [1977 c.296 §13; repealed by 1993 c.569 §31]
     469.581
Advisory and technical committees. The Oregon Hanford Cleanup Board may establish any advisory and
technical committee it considers necessary. Members of any advisory or
technical committee established under this section may receive reimbursement
for travel expenses incurred in the performance of their duties in accordance
with ORS 292.495. [1987 c.514 §14; 1991 c.562 §2]
     Note: See note under 469.566.
     469.582
Cooperation with
     Note: See note under 469.566.
     469.583
Rules. In accordance with
the applicable provisions of ORS chapter 183, the Oregon Hanford Cleanup Board
shall adopt rules and standards to carry out the requirements of ORS 469.566 to
469.583. [1987 c.514 §16]
     Note: See note under 469.566.
(Federal Site
Selection)
     469.584
Findings. The Legislative
Assembly and the people of the State of
     (1) In order to solve the problem of
high-level radioactive waste disposal, Congress established a process for
selecting two sites for the safe, permanent and regionally equitable disposal
of such waste.
     (2) The process of selecting three sites
as final candidates, including the Hanford Nuclear Reservation in the State of
     (3) The United States Department of Energy
has prematurely deferred consideration of numerous potential sites and disposal
media that its own research indicates are more appropriate, safer and less
expensive.
     (4) Placement of a repository at
     (5) The selection process is flawed and
not credible because it did not include independent experts in the selection of
the sites and in the review of the selected sites, as recommended by the
National Academy of Sciences.
     (6) By postponing indefinitely all site
specific work for an eastern repository, the United States Department of Energy
has not complied with the intent of Congress expressed in the Nuclear Waste
Policy Act, Public Law 97-425, and the fundamental compromise which enabled its
enactment. [1987 c.13 §1; 2001 c.104 §211]
     Note: 469.584 and 469.585 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
469 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     469.585
Activities of state related to selection of high-level radioactive waste
disposal site. In order to
achieve complete compliance with federal law and protect the health, safety and
welfare of the people of the State of Oregon, the Legislative Assembly, other
statewide officials and state agencies shall use all legal means necessary to:
     (1) Suspend the preliminary site selection
process for a high-level nuclear waste repository, including the process of site
characterization, until there is compliance with the intent of the Nuclear
Waste Policy Act;
     (2) Reverse the Secretary of Energy’s
decision to postpone indefinitely all site specific work on locating and
developing an eastern repository for high-level nuclear waste;
     (3) Insist that the United States
Department of EnergyÂ’s site selection process, when resumed, considers all
acceptable geologic media and results in safe, scientifically justified and
regionally and geographically equitable high-level nuclear waste disposal;
     (4) Demand that federal budget actions
fully and completely follow the intent of the Nuclear Waste Policy Act;
     (5) Continue to pursue alliances with
other states and interested parties, particularly with Pacific Northwest
Governors, legislatures and other parties, affected by the site selection
process and transportation of high-level nuclear waste; and
     (6) Ensure that Oregon, because of its
close geographic and geologic proximity to the proposed Hanford Nuclear
Reservation site, be accorded the same status under federal law as a state in
which a high-level nuclear repository is proposed to be located. [1987 c.13 §2;
2001 c.104 §212]
     Note: See note under 469.584.
(
     469.586
Findings. The Legislative
Assembly and the people of the State of
     (1) The maintenance of healthy, unpolluted
river systems, airsheds and land are essential to the economic vitality and
well-being of the citizens of the State of
     (2) Radioactive waste stored at the
Hanford Nuclear Reservation is already leaking into and contaminating the water
table and watershed of the Columbia River and radioactive materials and toxic
compounds have been found in plants, animals and waters downstream from the
Hanford Nuclear Reservation and constitute a present and potential threat to
the health, safety and welfare of the people of the State of Oregon.
     (3) The Hanford Nuclear Reservation is now
one of the most radioactively contaminated sites in the world, according to
government studies, and will require billions of dollars in costs for cleanup
and the ongoing assessment of health effects.
     (4) In November 1980, the people of the
State of
     (5) In May 1987, the people of the State
of
     (6) In 1995, the Legislative Assembly
resolved that
     (7) Throughout the administrations of
Presidents Ford, Carter, Reagan and Bush, the policy of the federal government
banned the use of plutonium in commercial nuclear power plants due to the risk
that the plutonium could be diverted to terrorists and to nations that have not
renounced the use of nuclear weapons.
     (8) The federal government has announced
that it will process plutonium from weapons with uranium to produce mixed oxide
fuel for commercial nuclear power plants and other nuclear facilities. The
Hanford Nuclear Reservation, located on the
     (9) The production of mixed oxide fuel
will result in enormous new quantities of radioactive and chemical wastes that
will present significant additional disposal problems and unknown costs. [1997
c.617 §1]
     Note: 469.586 and 469.587 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
469 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     469.587
Position of State of
     (1) Declare that the State of Oregon is
unalterably opposed to the use of the Hanford Nuclear Reservation for
operations that create more contamination at the Hanford Nuclear Reservation,
divert resources from cleanup at the Hanford Nuclear Reservation and make the
Hanford Nuclear Reservation cleanup more difficult, such as the processing of
plutonium to fuel nuclear power plants, reactors or any other facilities, and
further declare that vitrification in a safe manner is the preferred means to
dispose of excess plutonium, in order to protect human health and the
environment.
     (2) Request that the President of the
     (3) Request that the federal government
honor the federal governmentÂ’s original mandate to implement and complete the
cleanup and restoration of the Hanford Nuclear Reservation. [1997 c.617 §2]
     Note: See note under 469.586.
(Siting of
Nuclear-Fueled Thermal Power Plants)
     469.590
Definitions for ORS 469.590 to 469.595. As used in ORS 469.590 to 469.595:
     (1) “High-level radioactive waste” means
spent nuclear fuel or the radioactive by-products from the reprocessing of
spent nuclear fuel.
     (2) “Spent nuclear fuel” means nuclear
fuel rods or assemblies which have been irradiated in a power reactor and
subsequently removed from that reactor. [1981 c.1 §2]
     469.593
Findings. The people of this
state find that if no permanent repository for high-level radioactive waste is
provided by the federal government, the residents of the state may face the
undue financial burden of paying for construction of a repository for such
wastes. Therefore, the people of this state enact ORS 469.590 to 469.601. [1981
c.1 §1]
     469.594
Storage of high-level radioactive waste after expiration of license prohibited;
continuing responsibility for storage; implementation agreements. (1) Notwithstanding the definition of a “waste
disposal facility” under ORS 469.300, no high-level radioactive waste should be
stored at the site of a nuclear-fueled thermal power plant after the expiration
of the operating license issued to the nuclear power plant by the United States
Nuclear Regulatory Commission.
     (2) Notwithstanding subsection (1) of this
section, a person operating a nuclear power plant under a license issued by the
United States Nuclear Regulatory Commission shall remain responsible for proper
temporary storage of high-level radioactive materials at the site of the
nuclear power plant after termination of a license and until such materials are
removed from the site for permanent storage.
     (3) The State Department of Energy and the
operators of nuclear-fueled thermal plants shall pursue agreements with the
United States Department of Energy and the United States Nuclear Regulatory
Commission to fulfill the provisions of this section. [1985 c.434 §2; 1991
c.480 §11; 1993 c.569 §28; 1995 c.505 §24; 2001 c.134 §12]
     469.595
Condition to site certificate for nuclear-fueled thermal power plant. Before issuing a site certificate for a
nuclear-fueled thermal power plant, the Energy Facility Siting Council must
find that an adequate repository for the disposal of the high-level radioactive
waste produced by the plant has been licensed to operate by the appropriate
agency of the federal government. The repository must provide for the terminal
disposition of such waste, with or without provision for retrieval for
reprocessing. [1981 c.1 §3]
     469.597
Election procedure; elector approval required. (1) Notwithstanding the provisions of ORS
469.370, if the Energy Facility Siting Council finds that the requirements of
ORS 469.595 have been satisfied and proposes to issue a site certificate for a
nuclear-fueled thermal power plant, the proposal shall be submitted to the
electors of this state for their approval or rejection at the next available
statewide general election. The procedures for submitting a proposal to the
electors under this section shall conform, as nearly as possible to those for
state measures, including but not limited to procedures for printing related
material in the votersÂ’ pamphlet.
     (2) A site certificate for a
nuclear-fueled thermal power plant shall not be issued until the electors of
this state have approved the issuance of the certificate at an election held
pursuant to subsection (1) of this section. [1981 c.1 §§4,5]
     469.599
Public Utility CommissionÂ’s duty. The Public Utility Commission shall not authorize the issuance of
stocks, bonds or other evidences of indebtedness to finance any nuclear-fueled
thermal power plant pursuant to ORS 757.400 to 757.460 until the Energy
Facility Siting Council has made the finding required under ORS 469.595. [1981
c.1 §6]
     469.601
Effect of ORS 469.595 on applications and applicants. ORS 469.595 does not prohibit:
     (1) The Energy Facility Siting Council
from receiving and processing applications for site certificates for
nuclear-fueled thermal power plants under ORS 469.300 to 469.563, 469.590 to
469.619 and 469.930; or
     (2) An applicant for a site certificate
under ORS 469.300 to 469.563, 469.590 to 469.619 and 469.930 from obtaining any
other necessary licenses, permits or approvals for the planning or siting of a
nuclear-fueled thermal power plant. [1981 c.1 §8]
(Transportation of
Radioactive Material)
     469.603
Intent to regulate transportation of radioactive material. It is the intention of the Legislative
Assembly that the state shall regulate the transportation of radioactive
material to the full extent allowable under and consistent with federal laws
and regulations. [1981 c.707 §2]
     469.605
Permit to transport required; application; delegation of authority to issue
permits; fees; rules. (1) No
person shall ship or transport radioactive material identified by the Energy
Facility Siting Council by rule as posing a significant hazard to public health
and safety or the environment if improperly transported into or within the
State of Oregon without first obtaining a permit from the State Department of
Energy.
     (2) Such permit shall be issued for a
period not to exceed one year and shall be valid for all shipments within that
period of time unless specifically limited by permit conditions.
     (3) Application for a permit under this
section shall be made in a form and manner prescribed by the Director of the
State Department of Energy and may include:
     (a) A description of the kind, quantity
and radioactivity of the material to be transported;
     (b) A description of the route or routes
proposed to be taken and the transport schedule;
     (c) A description of any mode of
transportation; and
     (d) Other information required by the
director to evaluate the application.
     (4) The director shall collect a fee from
all applicants for permits under this section in an amount reasonably
calculated to provide for the costs to the department of performing the duties
of the department under ORS 469.550 (3), 469.563, 469.603 to 469.619 and
469.992. Fees collected under this subsection shall be deposited in the State
Department of Energy Account established under ORS 469.120.
     (5) The director shall issue a permit only
if the application demonstrates that the proposed transportation will comply
with all applicable rules adopted under ORS 469.603 to 469.619 and if the
proposed route complies with federal law as provided in ORS 469.606.
     (6) The director may delegate the
authority to issue permits for the transportation of radioactive material to
the Department of Transportation. In exercising such authority, the Department
of Transportation shall comply with the applicable provisions of ORS 469.603 to
469.619 and rules adopted by the director or the Energy Facility Siting Council
under ORS 469.603 to 469.619. Permits issued by the Department of
Transportation under this subsection shall be enforced according to the
provisions of ORS 825.258. The director also may delegate other authority
granted under ORS 469.605 to 469.619 to other state agencies if the delegation
will maintain or enhance the quality of the transportation safety program. [1981
c.707 §5; 1989 c.6 §4; 1991 c.233 §3; 2003 c.186 §36]
     469.606
Determination of best and safest route. (1) Upon receipt of an application required under ORS 469.605 for
which radioactive material is proposed to be transported by highway, the State
Department of Energy shall confer with the following persons to determine
whether the proposed route is safe, and complies with applicable routing
requirements of the United States Department of Transportation and the United
States Nuclear Regulatory Commission:
     (a) The Oregon Department of
Transportation, or a designee of the Oregon Department of Transportation;
     (b) The Energy Facility Siting Council, or
a designee of the Energy Facility Siting Council; and
     (c) The Oregon Transportation Commission,
or a designee of the Oregon Transportation Commission.
     (2) If, after consultation with the
persons set forth in subsection (1) of this section, a determination is made
that the proposed route is not the best and safest route for transporting the
material, the Director of the State Department of Energy shall deny the
application except as provided in subsection (3) of this section.
     (3) If the applicant is prohibited by a
statute, rule or other action of an adjacent state or a political subdivision
in an adjacent state from using the route that complies with federal law, the
director:
     (a) Shall petition the United States
Department of Transportation for an administrative determination of preemption
of the ban, pursuant to section 13 of the Hazardous Materials Transportation
Uniform Safety Act of 1990, P.L. 101-615.
     (b) May issue a permit as provided under
ORS 469.605 (5) with conditions necessary to ensure safe transport over a route
available to the applicant, until the United States Department of
Transportation determines whether the prohibition by the other state or
political subdivision is preempted. [1991 c.233 §2; 2003 c.186 §37]
     469.607
Authority of council; rules.
(1) After consultation with the Department of Transportation and other
appropriate state, local and federal agencies, the Energy Facility Siting
Council by rule:
     (a) May fix requirements for notification,
record keeping, reporting, packaging and emergency response;
     (b) May designate those routes by highway,
railroad, waterway and air where transportation of radioactive material can be
accomplished safely;
     (c) May specify conditions of
transportation for certain classes of radioactive material, including but not
limited to, specific routes, permitted hours of movement, requirements for
communications capabilities between carriers and emergency response agencies,
speed limits, police escorts, checkpoints, operator or crew training or other
operational requirements to enhance public health and safety; and
     (d) May establish requirements for
insurance, bonding or other indemnification on the part of any person
transporting radioactive material into or within the State of Oregon under ORS
469.603 to 469.619 and 469.992.
     (2) The requirements imposed by subsection
(1) of this section must be consistent with federal Department of
Transportation and Nuclear Regulatory Commission rules.
     (3) Rules adopted under this section shall
be adopted in accordance with the provisions of ORS chapter 183. [1981 c.707 §6;
1989 c.6 §5; 1995 c.733 §45]
     469.609
Annual report to state agencies and local governments on shipment of
radioactive wastes.
Annually, the Director of the State Department of Energy shall report to
interested state agencies and all local government agencies trained under ORS
469.611 on shipment of radioactive material made during the preceding year. The
directorÂ’s report shall include:
     (1) The type and quantity of material
transported;
     (2) Any mode of transportation used;
     (3) The route or routes taken; and
     (4) Any other information at the
discretion of the director. [1981 c.707 §8; 1989 c.6 §6; 2003 c.186 §38]
     469.611
Emergency preparedness and response program; radiation emergency response team;
training. Notwithstanding
ORS chapter 401:
     (1) The Director of the State Department
of Energy shall coordinate emergency preparedness and response with appropriate
agencies of government at the local, state and national levels to ensure that
the response to a radioactive material transportation accident is swift and
appropriate to minimize damage to any person, property or wildlife. This
program shall include the preparation of localized plans setting forth agency
responsibilities for on-scene response.
     (2) The director shall:
     (a) Apply for federal funds as available
to train, equip and maintain an appropriate response capability at the state
and local level; and
     (b) Request all available training and
planning materials.
     (3) The Department of Human Services shall
maintain a trained and equipped radiation emergency response team available at
all times for dispatch to any radiological emergency. Before arrival of the
team at the scene of a radiological accident, the Director of the State
Department of Energy may designate other technical advisors to work with the
local response agencies.
     (4) The Department of Human Services shall
assist the Director of the State Department of Energy to ensure that all
emergency services organizations along major transport routes for radioactive
materials are offered training and retraining in the proper procedures for
identifying and dealing with a radiological accident pending the arrival of
persons with technical expertise. The Department of Human Services shall report
annually to the Director of the State Department of Energy on training of
emergency response personnel. [1981 c.707 §9; 1983 c.586 §44; 1989 c.6 §7; 2003
c.186 §39; 2007 c.71 §151]
     469.613
Records; inspection; rules.
(1) Any person obtaining a permit under ORS 469.605 shall establish and
maintain any records, make any reports and provide any information as the
Energy Facility Siting Council may by rule or order require to assure
compliance with the conditions of the permit or other rules affecting the
transportation of radioactive materials and submit the reports and make the
records and information available at the request of the Director of the State
Department of Energy. Any requirement imposed by the council under this
subsection shall be consistent with regulations of the United States Department
of Transportation and the United States Nuclear Regulatory Commission.
     (2) The director may authorize any
employee or agent of the director to enter upon, inspect and examine, at
reasonable times and in a reasonable manner for the purpose of administration
or enforcement of the provisions of ORS 469.550, 469.563, 469.603 to 469.619
and 469.992 or rules adopted thereunder, the records and property of persons
within this state who have applied for permits under ORS 469.605.
     (3) The director shall provide for:
     (a) The inspection of each highway route
controlled shipment prior to or upon entry of the shipment into this state or
at the point of origin for the transportation of highway route controlled
shipments within the state; and
     (b) Inspection of a representative sample
of shipments containing material required to bear a radioactive placard as
specified by federal regulations. [1981 c.707 §10; 1989 c.6 §8; 2003 c.186 §40]
     469.615
Indemnity for claims against state insurance coverage certification; reimbursement
for costs incurred in nuclear incident. (1) A person transporting radioactive materials in this state shall
indemnify the State of
     (2) With respect to radioactive materials,
the Director of the State Department of Energy shall ascertain and certify that
insurance coverage required under 42 U.S.C. 2210 is in force and effect at the
time the permit is issued under ORS 469.605.
     (3) A person who owns, designs or
maintains facilities, structures, vehicles or equipment used for handling,
transportation, shipment, storage or disposal of nuclear material shall
reimburse the state for all expenses reasonably incurred by the state or a
political subdivision of the state, in protecting the public health and safety
and the environment from a nuclear incident or the imminent danger of a nuclear
incident caused by the personÂ’s acts or omissions. These expenses include but
need not be limited to, costs incurred for precautionary evacuations, emergency
response measures and decontamination or other clean-up measures. As used in
this subsection “nuclear incident” has the meaning given that term in 42 U.S.C.
2014(q).
     (4) Nothing in subsection (3) of this
section shall affect any provision of subsection (1) or (2) of this section. [1981
c.707 §11; 1987 c.705 §9; 1989 c.6 §9]
     469.617
Report to legislature; content.
The Director of the State Department of Energy shall prepare and submit to the
Governor for transmittal to the Legislative Assembly, on or before the
beginning of each regular legislative session, a comprehensive report on the
transportation of radioactive material in
     (1) A brief description and compilation of
any accidents and casualties involving the transportation of radioactive
material in
     (2) An evaluation of the effectiveness of
enforcement activities and the degree of compliance with applicable rules;
     (3) A summary of outstanding problems
confronting the State Department of Energy in administering ORS 469.550,
469.563, 469.603 to 469.619 and 469.992; and
     (4) Such recommendations for additional
legislation as the Energy Facility Siting Council considers necessary and
appropriate. [1981 c.707 §12; 1989 c.6 §10]
     469.619
State Department of Energy to make federal regulations available. The State Department of Energy shall
maintain and make available copies of all federal regulation and federal code
provisions referred to in ORS 469.300, 469.550, 469.563, 469.603 to 469.619 and
469.992. [1981 c.707 §14; 1989 c.6 §11]
     469.621 [1981 c.707 §7; repealed by 1993 c.742 §101]
RESIDENTIAL ENERGY
CONSERVATION ACT
(Investor-Owned
Utilities)
     469.631
Definitions for ORS 469.631 to 469.645. As used in ORS 469.631 to 469.645:
     (1) “Cash payment” means a payment made by
the investor-owned utility to the dwelling owner or to the contractor on behalf
of the dwelling owner for energy conservation measures.
     (2) “Commercial lending institution” means
any bank, mortgage banking company, trust company, savings bank, savings and
loan association, credit union, national banking association, federal savings
and loan association or federal credit union maintaining an office in this
state.
     (3) “Commission” means the Public Utility
Commission of Oregon.
     (4) “Cost-effective” means that an energy
conservation measure that provides or saves a specific amount of energy during
its life cycle results in the lowest present value of delivered energy costs of
any available alternative. However, the present value of the delivered energy
costs of an energy conservation measure shall not be treated as greater than
that of a nonconservation energy resource or facility unless that cost is
greater than 110 percent of the present value of the delivered energy cost of the
nonconservation energy resource or facility.
     (5) “Dwelling” means real or personal
property within the state inhabited as the principal residence of a dwelling
owner or a tenant. “Dwelling” includes a manufactured dwelling as defined in
ORS 446.003, a floating home as defined in ORS 830.700 and a single unit in
multiple-unit residential housing. “Dwelling” does not include a recreational
vehicle as defined in ORS 446.003.
     (6) “Dwelling owner” means the person:
     (a) Who has legal title to a dwelling, including
the mortgagor under a duly recorded mortgage of real property, the trustor
under a duly recorded deed of trust or a purchaser under a duly recorded
contract for the purchase of real property; and
     (b) Whose dwelling receives space heating
from the investor-owned utility.
     (7) “Energy audit” means:
     (a) The measurement and analysis of the
heat loss and energy utilization efficiency of a dwelling;
     (b) An analysis of the energy savings and
dollar savings potential that would result from providing energy conservation
measures for the dwelling;
     (c) An estimate of the cost of the energy
conservation measures that includes:
     (A) Labor for the installation of items
designed to improve the space heating and energy utilization efficiency of the
dwelling; and
     (B) The items installed; and
     (d) A preliminary assessment, including
feasibility and a range of costs, of the potential and opportunity for
installation of:
     (A) Passive solar space heating and solar
domestic water heating in the dwelling; and
     (B) Solar swimming pool heating, if
applicable.
     (8) “Energy conservation measures” means
measures that include the installation of items and the items installed to
improve the space heating and energy utilization efficiency of a dwelling.
These items include, but are not limited to, caulking, weatherstripping and
other infiltration preventative materials, ceiling and wall insulation, crawl
space insulation, vapor barrier materials, timed thermostats, insulation of
heating ducts, hot water pipes and water heaters in unheated spaces, storm
doors and windows, double glazed windows and dehumidifiers. “Energy
conservation measures” does not include the dwelling owner’s own labor.
     (9) “Investor-owned utility” means an
electric or gas utility regulated by the commission as a public utility under
ORS chapter 757.
     (10) “Residential customer” means a
dwelling owner or tenant who, either directly or indirectly, pays a share of
the cost for service billed by an investor-owned utility for electric or
natural gas service received at the dwelling.
     (11) “Space heating” means the heating of
living space within a dwelling.
     (12) “Tenant” means a tenant as defined in
ORS 90.100 or any other tenant. [1981 c.778 §2; 1989 c.233 §1; 1989 c.648 §66;
1995 c.551 §13; 2003 c.186 §41]
     469.633
Investor-owned utility program.
Each investor-owned utility shall have an approved residential energy
conservation program that, to the Public Utility CommissionÂ’s satisfaction:
     (1) Makes available to all residential
customers of the utility information about:
     (a) Energy conservation measures; and
     (b) Energy conservation measure financing
available to dwelling owners.
     (2) Provides within 60 days of a request
by a residential customer or a dwelling owner, assistance and technical advice
concerning various methods of saving energy in that customerÂ’s or dwelling
ownerÂ’s dwelling including, but not limited to, an energy audit of the customerÂ’s
or dwelling ownerÂ’s dwelling.
     (3) Provides financing for cost-effective
energy conservation measures approved by the commission to a dwelling owner who
occupies the dwelling as a residential customer or rents the dwelling to a
tenant who is a residential customer. The minimum financing program shall give
the dwelling owner a choice between a cash payment and a loan. The dwelling
owner may not receive both a cash payment and a loan. Completion of an energy
audit of the dwelling offered under the program required by this section or
described in ORS 469.685 shall be a condition of eligibility for either a cash
payment or a loan. Unless the commission approves higher levels of assistance,
the financing program shall provide:
     (a) The following minimum levels of
assistance:
     (A) A loan for a dwelling owner with
approved credit upon the following terms approved by the commission:
     (i) A principal amount of up to $5,000;
     (ii) For an electric utility, an interest
rate that does not exceed six and one-half percent annually or, for a gas
utility, an annual interest rate 10 percentage points lower than the rate
published by the Federal Housing Administration for Title I property
improvement loans (24 C.F.R. 201.4 (a)) on the date of the loan application,
but not lower than six and one-half percent or higher than 12 percent; and
     (iii) A reasonable repayment period that
does not exceed 10 years; and
     (B) A cash payment to a dwelling owner
eligible under ORS 469.641 for the lesser of:
     (i) Twenty-five percent of the cost of the
energy conservation measures provided in the dwelling; or
     (ii) $350.
     (b) That an otherwise eligible dwelling
owner may obtain up to $5,000 in loans or $350 in cash payments for each
dwelling.
     (c) That there may be up to two loans or
cash payments provided for each dwelling.
     (d) That a dwelling owner who acquires a
dwelling for which a previous loan was obtained under this section and ORS
469.631 may obtain a loan or a cash payment for energy conservation measures
for the newly acquired dwelling under circumstances including, but not
necessarily limited to, when:
     (A) The new dwelling owner chooses the same
financing option chosen by the previous dwelling owner who obtained financing
under ORS 469.631 to 469.645; and
     (B) There remain cost-effective energy
conservation measures to be undertaken with regard to the dwelling.
     (e) If the commission so determines, that
energy conservation measures for any of the following building and improvement
activities may not be financed under the financing program:
     (A) Construction of a new dwelling; or
     (B) If the construction increases or
otherwise changes the living space in the dwelling:
     (i) An addition or substantial alteration;
or
     (ii) Remodeling.
     (f) If the investor-owned utility so
determines, that no cash payment shall be allowed or paid for the cost of
energy conservation measures provided more than one year before the date of the
application for payment.
     (4) Provides for verification through a
reasonable number of inspections that energy conservation measures financed by
the investor-owned utility are installed. The verification provisions of the
residential energy conservation program shall further provide that:
     (a) An installation shall be performed in
such a workmanlike manner and with such materials as to satisfy prevailing
industry standards; and
     (b) The investor-owned utility shall
provide a post-installation inspection upon the dwelling ownerÂ’s request.
     (5) For an electric utility, provides,
upon the dwelling ownerÂ’s request, information relevant to the specific site of
a dwelling with access to:
     (a) Water resources that have
hydroelectric potential;
     (b) Wind, which means the natural movement
of air at an annual average speed of at least eight miles an hour; or
     (c) A resource area known to have
geothermal space heating potential.
     (6) Provides that the investor-owned
utility will mail to a dwelling owner an offer to provide energy conservation
measures in accordance with ORS 469.631 to 469.645 when a tenant who is the
residential customer:
     (a) Requests that the offer be mailed to
the dwelling owner; and
     (b) Furnishes the dwelling owner’s name
and address with the request. [1981 c.778 §3; 1985 c.745 §6; 1989 c.233 §2;
1991 c.67 §141; 1991 c.78 §1]
     469.634
Contributions for urban and community forest activities by customers of
investor-owned utilities; rules; uses. (1) The Public Utility Commission of
     (2) The utility shall pay to the State
Forester the amount designated under subsection (1) of this section. The State
Forester shall deposit the moneys collected under this section into the Urban
and Community Forestry Subaccount established under ORS 526.060.
     (3) The State Forester shall use the
moneys collected under this section for urban and community forest activities.
The State Forester by rule, in consultation with the Public Utility Commission
of Oregon and local utilities, shall establish guidelines to distribute moneys
collected under this section through the Urban and Community Forestry
Assistance Program. The guidelines shall include a requirement that moneys are
distributed for energy conservation, by means of tree plantings, care and
maintenance.
     (4) A utility shall not use more than 16
percent of the moneys collected under this section for administrative expenses.
The State Forester shall not use more than 16 percent of the moneys collected
under this section for administrative expenses.
     (5) As used in this section, “urban and
community forest activities” means activities that promote cost-effective
energy conservation. These activities may include the planting, managing and
maintaining of residential, street and park trees on public and private land. [1993
c.388 §2]
     469.635
Alternative program of investor-owned utilities. (1) An investor-owned utility may meet the
program submission requirements of ORS 469.633 by submitting only the portions
of its residential energy conservation program that are added to or revised in
its program approved under section 4, chapter 889, Oregon Laws 1977, in order
to make that earlier program fulfill the requirements of ORS 469.633.
     (2) An investor-owned utility shall offer
a dwelling owner a financing program for cost-effective energy conservation
measures that includes the option of a cash payment or a loan unless the
investor-owned utility offers another financing program determined by the
Public Utility Commission to meet or exceed the program required in ORS 469.633
(3). A program shall be considered to meet or exceed the program required in
ORS 469.633 (3) if it includes a financial incentive to the residential
customer with a present value on November 1, 1981, that is equal to or greater
than the present value of the larger of:
     (a) The loan subsidy pursuant to ORS
469.633 (3)(a)(A); or
     (b) The cash payment pursuant to ORS
469.633 (3)(a)(B).
     (3) An investor-owned utility that has
adopted an approved residential energy conservation services program under the
National Energy Conservation Policy Act (Public Law 95-619, as amended on
November 1, 1981) or signed an energy conservation agreement with the
Bonneville Power Administration of the United States Department of Energy for a
residential weatherization program under section 6(a) of the Pacific Northwest
Electric Power Planning and Conservation Act (Public Law 96-501, as adopted
December 5, 1980) that is determined by the commission to meet or exceed the
requirements in ORS 469.633 and 469.641 shall not be required to submit a
separate program. However, the provisions of ORS 469.637, 469.639, 469.643 and
469.645 nevertheless shall be applicable.
     (4) In addition to the residential energy
conservation program required in ORS 469.633, an investor-owned utility may
offer other energy conservation programs if the commission determines the
programs will promote cost-effective energy conservation. [1981 c.778 §7; 1991
c.78 §2]
     469.636
Additional financing program by investor-owned utility for rental dwelling. In addition to the residential energy
conservation program approved under ORS 469.633, an investor-owned utility may
offer an additional financing program for energy conservation measures for a
dwelling owner who rents the dwelling to a tenant whose dwelling unit receives
energy for space heating from the investor-owned utility. The financing program
may consist, at a minimum, of either of the following:
     (1) Offering low-interest loans to fund
the entire cost of installed energy conservation measures up to $5,000 per
dwelling unit. In addition to the loan subsidy provided under ORS 469.633 (3),
the loan shall be further subsidized by applying the present value to the
public utility of the tax credit received under ORS 469.185 to 469.225. Any
portion of the present value of the tax credit shall accrue to the dwelling
owner rather than to the investor-owned utility.
     (2) Offering cash payments in addition to
the cash payments required in ORS 469.633 (3). The additional cash payment
shall be equal to the present value of the tax credit received under ORS
469.185 to 469.225. [1985 c.745 §11; 1989 c.765 §9]
     469.637
Energy conservation part of utility service of investor-owned utility. The provision of energy conservation
measures to a dwelling shall be considered part of the utility service rendered
by the investor-owned utility. [1981 c.778 §4]
     469.639
Billing for energy conservation measures. (1) Except as provided in subsection (2) of this section, the Public
Utility Commission may require as part of an investor-owned utility residential
energy conservation program that, for dwelling owners with approved credit, the
utility add to the periodic utility bill for the owner-occupied dwelling for
which energy conservation measures have been provided pursuant to ORS 469.631
to 469.645 an amount agreed to between the dwelling owner and the
investor-owned utility.
     (2) The commission shall allow an investor-owned
utility to charge or bill a dwelling owner separately from the periodic utility
bill for energy conservation measures provided pursuant to ORS 469.631 to
469.645 if that utility wishes to do so. [1981 c.778 §5]
     469.641
Conditions for cash payments to dwelling owner by investor-owned utility. Except as provided in section 31, chapter
778, Oregon Laws 1981, an investor-owned utility shall not make a cash payment
to a dwelling owner for energy conservation measures unless:
     (1) The measures were provided in the
dwelling on or after November 1, 1981; and
     (2) The measures will not be paid for with
other investor-owned utility grants or loans. [1981 c.778 §6; 1991 c.877 §39]
     469.643
Formula for customer charges; rules. The Public Utility Commission shall adopt by rule a formula under
which the investor-owned utility shall charge all customers to recover:
     (1) The cost to the investor-owned utility
of the services required to be provided under ORS 469.633; and
     (2) Any bad debts, including casualty
losses, attributable to dwelling owner default on a loan for energy
conservation measures. [1981 c.778 §8]
     469.645
Implementation of program by investor-owned utility. After the Public Utility Commission has
approved the residential energy conservation program of an investor-owned
utility required by ORS 469.633, the investor-owned utility promptly shall
implement that program. [1981 c.778 §9]
(Publicly Owned
Utilities)
     469.649
Definitions for ORS 469.649 to 469.659. As used in ORS 469.649 to 469.659:
     (1) “Cash payment” means a payment made by
the publicly owned utility to the dwelling owner or to the contractor on behalf
of the dwelling owner for energy conservation measures.
     (2) “Commercial lending institution” means
any bank, mortgage banking company, trust company, savings bank, savings and
loan association, credit union, national banking association, federal savings
and loan association or federal credit union maintaining an office in this
state.
     (3) “Cost-effective” means that an energy
conservation measure that provides or saves a specific amount of energy during
its life cycle results in the lowest present value of delivered energy costs of
any available alternative. However, the present value of the delivered energy
costs of an energy conservation measure shall not be treated as greater than
that of a nonconservation energy resource or facility unless that cost is
greater than 110 percent of the present value of the delivered energy cost of
the nonconservation energy resource or facility.
     (4) “Dwelling” means real or personal
property within the state inhabited as the principal residence of a dwelling
owner or a tenant. “Dwelling” includes a manufactured dwelling as defined in
ORS 446.003, a floating home as defined in ORS 830.700 and a single unit in
multiple-unit residential housing. “Dwelling” does not include a recreational
vehicle as defined in ORS 446.003.
     (5) “Dwelling owner” means the person:
     (a) Who has legal title to a dwelling,
including the mortgagor under a duly recorded mortgage of real property, the
trustor under a duly recorded deed of trust or a purchaser under a duly
recorded contract for the purchase of real property; and
     (b) Whose dwelling receives space heating
from the publicly owned utility.
     (6) “Energy audit” means:
     (a) The measurement and analysis of the
heat loss and energy utilization efficiency of a dwelling;
     (b) An analysis of the energy savings and
dollar savings potential that would result from providing energy conservation
measures for the dwelling;
     (c) An estimate of the cost of the energy
conservation measures that includes:
     (A) Labor for the installation of items
designed to improve the space heating and energy utilization efficiency of the
dwelling; and
     (B) The items installed; and
     (d) A preliminary assessment, including
feasibility and a range of costs, of the potential and opportunity for
installation of:
     (A) Passive solar space heating and solar
domestic water heating in the dwelling; and
     (B) Solar swimming pool heating, if
applicable.
     (7) “Energy conservation measures” means
measures that include the installation of items and the items installed to
improve the space heating and energy utilization efficiency of a dwelling.
These items include, but are not limited to, caulking, weatherstripping and
other infiltration preventative materials, ceiling and wall insulation, crawl
space insulation, vapor barrier materials, timed thermostats, insulation of
heating ducts, hot water pipes and water heaters in unheated spaces, storm
doors and windows, double glazed windows and dehumidifiers. “Energy
conservation measures” does not include the dwelling owner’s own labor.
     (8) “Publicly owned utility” means a
utility that:
     (a) Is owned or operated in whole or in
part, by a municipality, cooperative association or peopleÂ’s utility district;
and
     (b) Distributes electricity.
     (9) “Residential customer” means a
dwelling owner or tenant who is billed by a publicly owned utility for electric
service received at the dwelling.
     (10) “Space heating” means the heating of
living space within a dwelling.
     (11) “Tenant” means a tenant as defined in
ORS 90.100 or any other tenant. [1981 c.778 §10; 1989 c.648 §67; 1995 c.551 §14;
2003 c.186 §42]
     469.651
Publicly owned utility program.
Within 30 days after November 1, 1981, each publicly owned utility shall submit
to the Director of the State Department of Energy a residential energy
conservation program that:
     (1) Makes available to all residential
customers of the utility information about:
     (a) Energy conservation measures; and
     (b) Energy conservation measure financing
available to dwelling owners.
     (2) Provides within 60 days of a request
by a residential customer of the publicly owned utility or a dwelling owner,
assistance and technical advice concerning various methods of saving energy in
that customerÂ’s or dwelling ownerÂ’s dwelling including, but not limited to, an
energy audit of the customerÂ’s or dwelling ownerÂ’s dwelling.
     (3) Provides financing for cost-effective
energy conservation measures at the request of a dwelling owner who occupies
the dwelling as a residential customer or rents the dwelling to a tenant who is
a residential customer. The financing program shall give the dwelling owner a
choice between a cash payment and a loan. The dwelling owner may not receive
both a cash payment and a loan. Completion of an energy audit of the dwelling
offered under the program required by this section or described in ORS 469.685
shall be a condition of eligibility for either a cash payment or a loan. The
financing program shall provide:
     (a) The following minimum levels of
assistance:
     (A) A loan for a dwelling owner with
approved credit upon the following terms:
     (i) A principal amount of up to $4,000; or
     (ii) An interest rate that does not exceed
six and one-half percent annually; and
     (iii) A reasonable repayment period that
does not exceed 10 years; and
     (B) A cash payment to a dwelling owner
eligible under ORS 469.657 for the lesser of:
     (i) Twenty-five percent of the cost of the
energy conservation measures provided in the dwelling; or
     (ii) $350;
     (b) That an otherwise eligible dwelling
owner may obtain up to $4,000 in loans or $350 in cash payments for each
dwelling;
     (c) That there may be up to $4,000 in
loans or $350 in cash payments for each dwelling;
     (d) That a change in ownership of a
dwelling shall not prevent the new dwelling owner from obtaining a loan or a
cash payment for energy conservation measures for the newly acquired dwelling
under circumstances including, but not necessarily limited to, when:
     (A) The new dwelling owner chooses the
same financing option chosen by the previous dwelling owner who obtained
financing under ORS 469.649 to 469.659; and
     (B) The amount of the financing is within
the limit for that dwelling prescribed in paragraph (c) of this subsection;
     (e) If the publicly owned utility so
determines, that energy conservation measures for any of the following building
and improvement activities may not be financed under the financing program:
     (A) Construction of a new dwelling; or
     (B) If the construction increases or
otherwise changes the living space in the dwelling:
     (i) An addition or substantial alteration;
or
     (ii) Remodeling; and
     (f) If the publicly owned utility so
determines, that no cash payment shall be allowed or paid for the cost of
energy conservation measures provided more than one year before the date of the
application for payment.
     (4) Provides for verification through a
reasonable number of inspections that energy conservation measures financed by
the publicly owned utility are installed. The verification provisions of the
residential energy conservation program shall further provide that:
     (a) An installation shall be performed in
such a workmanlike manner and with such materials as to satisfy prevailing
industry standards; and
     (b) The publicly owned utility shall
provide a post-installation inspection upon the dwelling ownerÂ’s request.
     (5) Provides, upon the dwelling owner’s
request, information relevant to the specific site of a dwelling with access
to:
     (a) Water resources that have
hydroelectric potential;
     (b) Wind, which means the natural movement
of air at an annual average speed of at least eight miles an hour; or
     (c) A resource area known to have
geothermal space-heating potential.
     (6) Provides that the publicly owned
utility will mail to a dwelling owner an offer to provide energy conservation
measures in accordance with ORS 469.649 to 469.659 when a tenant who is the
residential customer:
     (a) Requests that the offer be mailed to
the dwelling owner; and
     (b) Furnishes the dwelling owner’s name
and address with the request. [1981 c.778 §11]
     469.652
Contributions for urban and community forest activities by customers of
publicly owned utilities; rules; uses. (1) Publicly owned utilities may establish a system to allow customers
of publicly owned utilities to voluntarily contribute an amount that is to be
used for urban and community forest activities within the area served by the
utility. The amount shall be in addition to the customerÂ’s utility bill.
     (2) The utility shall pay to the State
Forester the amount designated under subsection (1) of this section. The State
Forester shall deposit the moneys collected under this section into the Urban
and Community Forestry Subaccount established under ORS 526.060.
     (3) The State Forester shall use the
moneys collected under this section for urban and community forest activities.
The State Forester by rule, in consultation with local utilities, shall
establish guidelines to distribute moneys collected under this section through
the Urban and Community Forestry Assistance Program. The guidelines shall
include a requirement that moneys are distributed for energy conservation, by
means of tree plantings, care and maintenance.
     (4) A utility shall not use more than 16
percent of the moneys collected under this section for administrative expenses.
The State Forester shall not use more than 16 percent of the moneys collected
under this section for administrative expenses.
     (5) As used in this section, “urban and
community forest activities” means activities that promote cost-effective
energy conservation. These activities may include the planting, managing and
maintaining of residential, street and park trees on public and private land. [1993
c.388 §4]
     469.653
Alternative program of publicly owned utility. (1) A publicly owned utility may meet the
program submission requirements of ORS 469.651 by submitting only the portions
of its residential energy conservation program that are added to or revised in
its program approved under section 4, chapter 887, Oregon Laws 1977, in order
to make that earlier program fulfill the requirements of ORS 469.651.
     (2) A publicly owned utility shall offer a
dwelling owner a financing program for cost-effective energy conservation
measures that includes the option of a cash payment or a loan unless the
publicly owned utility offers another financing program that meets or exceeds
the program required in ORS 469.651 (3). A program shall be considered to meet
or exceed the program required in ORS 469.651 (3) when it includes a financial
incentive to the residential customer with a present value on November 1, 1981,
that is equal to or greater than the present value of the larger of:
     (a) The loan subsidy pursuant to ORS
469.651 (3)(a)(A); or
     (b) The cash payment pursuant to ORS
469.651 (3)(a)(B).
     (3) A publicly owned utility whose
governing body has adopted an approved residential energy conservation services
program under the National Energy Conservation Policy Act (Public Law 95-619,
as amended on November 1, 1981) or signed an energy conservation agreement with
the Bonneville Power Administration of the United States Department of Energy
for a residential weatherization program under section 6(a) of the Pacific
Northwest Electric Power Planning and Conservation Act (Public Law 96-501, as
adopted December 5, 1980) that meets or exceeds the requirements of ORS 469.651
and 469.657 shall not be required to submit a separate program. However, the
provisions of ORS 469.655 and 469.659 nevertheless shall be applicable. [1981
c.778 §14]
     469.655
Energy conservation as part of utility service of publicly owned utility. The provision of energy conservation
measures to a dwelling shall be considered part of the utility service rendered
by the publicly owned utility. [1981 c.778 §12]
     469.657
Conditions for cash payments to dwelling owner by publicly owned utility. Except as provided in section 31, chapter
778, Oregon Laws 1981, a publicly owned utility shall not make a cash payment
to a dwelling owner for energy conservation measures unless:
     (1) The measures were provided in the
dwelling on or after November 1, 1981.
     (2) The measures will not be paid for with
other publicly owned utility grants or loans. [1981 c.778 §13; 1991 c.877 §40]
     469.659
Implementation of program by publicly owned utility. After the publicly owned utility has
submitted to the Director of the State Department of Energy the residential
energy conservation program required by ORS 469.651, the publicly owned utility
promptly shall implement that program. [1981 c.778 §15]
(Oil Dealers)
     469.673
Definitions for ORS 469.673 to 469.683. As used in ORS 469.673 to 469.683:
     (1) “Cash payment” means a payment made by
the State Department of Energy to the dwelling owner or to the contractor on
behalf of the dwelling owner for energy conservation measures.
     (2) “Commercial lending institution” means
any bank, mortgage banking company, trust company, savings bank, savings and
loan association, credit union, national banking association, federal savings
and loan association or federal credit union maintaining an office in this
state.
     (3) “Cost-effective” means that an energy
conservation measure that provides or saves a specific amount of energy during
its life cycle results in the lowest present value of delivered energy costs of
any available alternative. However, the present value of the delivered energy
costs of an energy conservation measure shall not be treated as greater than
that of a nonconservation energy resource or facility unless that cost is
greater than 110 percent of the present value of the delivered energy cost of
the nonconservation energy resource or facility.
     (4) “Director” means the Director of the
State Department of Energy appointed under ORS 469.040.
     (5) “Dwelling” means real or personal
property within the state inhabited as the principal residence of a dwelling
owner or a tenant. “Dwelling” includes a manufactured dwelling as defined in
ORS 446.003, a floating home as defined in ORS 830.700 and a single unit in
multiple-unit residential housing. “Dwelling” does not include a recreational
vehicle as defined in ORS 446.003.
     (6) “Dwelling owner” means the person:
     (a) Who has legal title to a dwelling,
including the mortgagor under a duly recorded mortgage of real property, the trustor
under a duly recorded deed of trust or a purchaser under a duly recorded
contract for the purchase of real property; and
     (b) Whose dwelling receives space heating
from a fuel oil dealer.
     (7) “Energy audit” means:
     (a) The measurement and analysis of the
heat loss and energy utilization efficiency of a dwelling;
     (b) An analysis of the energy savings and
dollar savings potential that would result from providing energy conservation
measures for the dwelling;
     (c) An estimate of the cost of the energy
conservation measures that includes:
     (A) Labor for the installation of items
designed to improve the space heating and energy utilization efficiency of the
dwelling; and
     (B) The items installed; and
     (d) A preliminary assessment, including
feasibility and a range of costs, of the potential and opportunity for
installation of:
     (A) Passive solar space heating and solar
domestic water heating in the dwelling; and
     (B) Solar swimming pool heating, if
applicable.
     (8) “Energy conservation measures” means
measures that include the installation of items and the items installed that
are primarily designed to improve the space heating and energy utilization
efficiency of a dwelling. These items include, but are not limited to,
caulking, weatherstripping and other infiltration preventative materials,
ceiling and wall insulation, crawl space insulation, vapor barrier materials,
timed thermostats, insulation of heating ducts, hot water pipes and water
heaters in unheated spaces, storm doors and windows, double glazed windows, and
dehumidifiers. “Energy conservation measures” does not include the dwelling
ownerÂ’s own labor.
     (9) “Fuel oil dealer” means a person,
association, corporation or other form of organization that supplies fuel oil
at retail for the space heating of dwellings.
     (10) “Residential customer” means a
dwelling owner or tenant who is billed by a fuel oil dealer for fuel oil
service received at the dwelling.
     (11) “Space heating” means the heating of
living space within a dwelling.
     (12) “Tenant” means a tenant as defined in
ORS 90.100 or any other tenant. [1981 c.778 §16; 1987 c.749 §8; 1989 c.648 §68;
1995 c.551 §15; 2003 c.186 §43]
     469.675
Oil dealer program. Within
30 days after November 1, 1981, each fuel oil dealer shall submit for the
approval of the Director of the State Department of Energy a residential energy
conservation program that, to the directorÂ’s satisfaction:
     (1) Makes available to all residential
customers of the fuel oil dealer information about:
     (a) Energy conservation measures; and
     (b) Energy conservation measure financing
available to dwelling owners.
     (2) Provides within 60 days of a request
by a residential customer of the fuel oil dealer or a dwelling owner,
assistance and technical advice concerning various methods of saving energy in
that customerÂ’s or dwelling ownerÂ’s dwelling including, but not limited to, an
energy audit of the customer’s or dwelling owner’s dwelling. [1981 c.778 §17]
     469.677
Contracts for information, assistance and technical advice; standards for energy
audits. (1) The Director of
the State Department of Energy shall contract and a fuel oil dealer may rely
upon the director to contract for the information, assistance and technical
advice required to be provided by a fuel oil dealer under ORS 469.675.
     (2) The director shall adopt standards for
energy audits required under ORS 469.675 by rule in accordance with the
rulemaking provisions of ORS chapter 183. [1981 c.778 §18; 2003 c.186 §44]
     469.679
Implementation by fuel dealer.
After the Director of the State Department of Energy has approved the
residential energy conservation program of a fuel oil dealer required by ORS
469.675, the fuel oil dealer promptly shall implement that program. [1981 c.778
§19]
     469.681
Petroleum supplier assessment; computation; effect of failure to pay; interest. (1) Each petroleum supplier shall pay to the
State Department of Energy annually its share of an assessment to fund:
     (a) Information, assistance and technical
advice required of fuel oil dealers under ORS 469.675 for which the Director of
the State Department of Energy contracts under ORS 469.677; and
     (b) Cash payments to a dwelling owner or
contractor for energy conservation measures.
     (2) The amount of the assessment required
by subsection (1) of this section shall be determined by the director in a
manner consistent with the method prescribed in ORS 469.421. The aggregate
amount of the assessment shall not exceed $400,000. In making this assessment,
the director shall exclude all gallons of distillate fuel oil sold by petroleum
suppliers that are subject to the requirements of section 3, Article IX of the
Oregon Constitution, or ORS 319.020 or 319.530.
     (3) If any petroleum supplier fails to pay
any amount assessed to it under this section within 30 days after the payment
is due, the Attorney General, on behalf of the State Department of Energy, may
institute a proceeding in the circuit court to collect the amount due.
     (4) Interest on delinquent assessments
shall be added to and paid at the rate of one and one-half percent of the
payment due per month or fraction of a month from the date the payment was due
to the date of payment.
     (5) The assessment required by subsection
(1) of this section is in addition to any assessment required by ORS 469.421
(8), and any other fee or assessment required by law.
     (6) As used in this section, “petroleum
supplier” means a petroleum refiner in this state or any person engaged in the
wholesale distribution of distillate fuel oil in the State of
     469.683
Oil-Heated Dwellings Energy Audit Account. (1) There is established, separate and distinct from the General Fund,
the Oil-Heated Dwellings Energy Audit Account. Moneys deposited in the account
under subsections (2) to (5) of this section shall be used to pay the cost of
the information, assistance and technical advice required of fuel oil dealers
under ORS 469.675 for which the Director of the State Department of Energy
contracts under ORS 469.677.
     (2) The State Department of Energy shall
pay into the State Treasury all assessment moneys received by the department
under ORS 469.681 during the preceding calendar month. The State Treasurer
shall deposit the moneys to the credit of the Oil-Heated Dwellings Energy Audit
Account.
     (3) The moneys in the Oil-Heated Dwellings
Energy Audit Account are continuously appropriated to the State Department of
Energy for the purpose of:
     (a) Paying the cost of information,
assistance and technical advice required of fuel oil dealers under ORS 469.675
for which the director contracts under ORS 469.677; and
     (b) Providing cash payments to a dwelling
owner or contractor for energy conservation measures.
     (4) Notwithstanding ORS 293.140, any
interest attributable to moneys in the Oil-Heated Dwellings Energy Audit
Account shall accrue to that account.
     (5) The State Department of Energy shall
keep a record of all moneys deposited in the Oil-Heated Dwellings Energy Audit
Account. [1981 c.778 §§24,25; 1989 c.966 §55; 1993 c.434 §2; 2003 c.186 §46]
(Miscellaneous)
     469.685
Use of earlier energy audit.
A dwelling owner served by an investor-owned utility, as defined in ORS
469.631, or a publicly owned utility, as defined in ORS 469.649, who applies
for financing under the provisions of ORS 316.744, 317.386 and 469.631 to
469.687, may use without obtaining a new energy audit an energy audit obtained
from an energy supplier under chapter 887, Oregon Laws 1977, or a public
utility under chapter 889, Oregon Laws 1977, before November 1, 1981. [1981
c.778 §30; 2003 c.46 §51]
     469.687
Title for ORS 469.631 to 469.687. ORS 316.744, 317.386 and 469.631 to 469.687 shall be known as the
Oregon Residential Energy Conservation Act. [1981 c.778 §1; 2003 c.46 §52]
ENERGY
CONSERVATION PROGRAMS
(Single Family
Residence)
     469.700
Energy efficiency ratings; public information; “single family residence”
defined. (1) The Residential
Structures Board, after public hearing, shall adopt a recommended voluntary
energy efficiency rating system for single family residences and provide the
State Department of Energy with a copy thereof.
     (2) The rating system shall provide a
single numerical value or other simple concise means to measure the energy
efficiency of any single family residence, taking into account factors
including, but not limited to, the heat loss characteristics of ceilings,
walls, floors, windows, doors and heating ducts.
     (3) Upon adoption of the rating system
under subsections (1) and (2) of this section, the department shall publicize
the availability of the system, and encourage its voluntary use in real estate
transactions.
     (4) As used in subsections (1) to (3) of
this section, “single family residence” means a structure designed as a
residence for one family and sharing no common wall with another residence of
any type. [1977 c.413 §§1,2,3; 1993 c.744 §113; 2003 c.675 §44]
(Low Interest
Loans)
     469.710
Definitions for ORS 469.710 to 469.720. As used in ORS 469.710 to 469.720, unless the context requires
otherwise:
     (1) “Annual rate” means the yearly
interest rate specified on the note, and is not the annual percentage rate, if
any, disclosed to the applicant to comply with the federal Truth in Lending
Act.
     (2) “Commercial lending institution” means
any bank, mortgage banking company, trust company, savings bank, savings and
loan association, credit union, national banking association, federal savings
and loan association or federal credit union maintaining an office in this
state.
     (3) “Cost-effective” means that an energy
conservation measure that provides or saves a specific amount of energy during
its life cycle results in the lowest present value of delivered energy costs of
any available alternative. However, the present value of the delivered energy
costs of an energy conservation measure may not be treated as greater than that
of a nonconservation energy resource or facility unless that cost is greater
than 110 percent of the present value of the delivered energy cost of the nonconservation
energy resource or facility.
     (4) “Dwelling” means real or personal
property within the state inhabited as the principal residence of a dwelling
owner or a tenant. “Dwelling” includes a manufactured dwelling as defined in
ORS 446.003, a floating home as defined in ORS 830.700 and a single unit in
multiple-unit residential housing. “Dwelling” does not include a recreational
vehicle as defined in ORS 446.003.
     (5) “Dwelling owner” means the person who
has legal title to a dwelling, including the mortgagor under a duly recorded
mortgage of real property, the trustor under a duly recorded deed of trust or a
purchaser under a duly recorded contract for purchase of real property.
     (6) “Energy audit” means:
     (a) The measurement and analysis of the
heat loss and energy utilization efficiency of a dwelling;
     (b) An analysis of the energy savings and
dollar savings potential that would result from providing energy conservation
measures for the dwelling;
     (c) An estimate of the cost of the energy
conservation measures that includes:
     (A) Labor for the installation of items
designed to improve the space heating and energy utilization efficiency of the
dwelling; and
     (B) The items installed; and
     (d) A preliminary assessment, including
feasibility and a range of costs, of the potential and opportunity for
installation of:
     (A) Passive solar space heating and solar
domestic water heating in the dwelling; and
     (B) Solar swimming pool heating, if
applicable.
     (7) “Energy conservation measures” means
measures that include the installation of items and the items installed that
are primarily designed to improve the space heating and energy utilization
efficiency of a dwelling. These items include, but are not limited to,
caulking, weatherstripping and other infiltration preventative materials,
ceiling and wall insulation, crawl space insulation, vapor barrier materials,
timed thermostats, insulation of heating ducts, hot water pipes and water
heaters in unheated spaces, storm doors and windows, double glazed windows and
dehumidifiers. “Energy conservation measures” does not include the dwelling
ownerÂ’s own labor.
     (8) “Finance charge” means the total of
all interest, loan fees and other charges related to the cost of obtaining
credit and includes any interest on any loan fees financed by the lending
institution.
     (9) “Fuel oil dealer” means a person,
association, corporation or any other form of organization that supplies fuel
oil at retail for the space heating of dwellings.
     (10) “Residential fuel oil customer” means
a dwelling owner or tenant who is billed by a fuel oil dealer for fuel oil
service for space heating received at the dwelling.
     (11) “Space heating” means the heating of
living space within a dwelling.
     (12) “Wood heating resident” means a
person whose primary space heating is provided by the combustion of wood. [1981
c.894 §22; 1987 c.749 §5; 1989 c.648 §69; 2005 c.22 §342]
     469.715
Low interest loans for cost-effective energy conservation; rate. (1) Dwelling owners who are or who rent to
residential fuel oil customers, or who are or who rent to wood heating
residents, shall be eligible for low-interest loans for cost-effective energy
conservation measures through commercial lending institutions.
     (2) The annual rate shall not exceed six
and one-half percent annually for loans provided by commercial lending
institutions to dwelling owners who are or who rent to residential fuel oil
customers, or who are or who rent to wood heating residents for the purpose of
financing energy conservation measures pursuant to ORS 469.710 to 469.720. [1981
c.894 §§23,24; 1987 c.749 §6]
     469.717
When installation to be completed. (1) Installation of the energy conservation measures must be completed
within 90 days after receipt of loan funds. The State Department of Energy may
provide an inspection at the ownerÂ’s request.
     (2) Notwithstanding the provisions of
subsection (1) of this section, the department may inspect installation of
energy conservation measures to verify that all loan or other state subsidy
funds have been used for energy conservation measures recommended in the audit,
that installation has been performed in a workmanlike manner and that materials
used satisfy prevailing industry standards. If requested to do so by the
department, the dwelling owner shall provide the department with copies of
receipts and any other documents verifying the cost of energy conservation
measures. [1987 c.749 §3]
     469.719
Eligibility of lender for tax credit not affected by ownerÂ’s failure. Eligibility of the lender for any tax credit
under ORS 317.112 shall not be affected by any dwelling ownerÂ’s failure to use
the loan for qualifying energy conservation measures. [1987 c.749 §4]
     469.720
Energy audit required; permission to inspect required; owner not to receive
other incentives. (1) A
dwelling owner who is or who rents to a residential fuel oil customer, or who
is or who rents to a wood heating resident, may not apply for low-interest
financing under ORS 469.710 to 469.720 unless:
     (a) The dwelling owner, customer or
resident has first requested and obtained an energy audit from a fuel oil
dealer, a publicly owned utility or an investor-owned utility or from a person
under contract with the State Department of Energy under ORS 316.744, 317.111,
317.386 and 469.631 to 469.687;
     (b) The dwelling owner first submits to
the department written permission to inspect the installations to verify that
installation of energy conservation measures has been made;
     (c) The dwelling owner presents to the
lending institution a copy of the energy audit together with certification that
the dwelling in question receives space heating from fuel oil or wood and a
copy of the written permission to inspect submitted to the department under
paragraph (b) of this subsection; and
     (d) The dwelling owner does not receive
any other state incentives for that part of the cost of the energy conservation
measures to be financed by the loan.
     (2) Any dwelling owner applying for
low-interest financing under ORS 469.710 to 469.720 who is or who rents to a
residential fuel oil customer, or who is or who rents to a wood heating
resident, may use without obtaining a new energy audit any assistance and
technical advice obtained from an energy supplier before November 1, 1981,
under chapter 887, Oregon Laws 1977, or from a public utility under chapter
889, Oregon Laws 1977, including an estimate of cost for installation of
weatherization materials. [1981 c.894 §§25,26; 1987 c.749 §7; 1997 c.249 §167;
2003 c.46 §53]
(Public Buildings)
     469.730
Declaration of purpose. It
is the purpose of ORS 469.730 to 469.745 to promote voluntary measures to
conserve energy in public buildings or groups of buildings constructed prior to
January 1, 1978, through the adoption of energy conservation standards. [1977
c.853 §1]
     469.735
Definitions for ORS 469.730 to 469.745. As used in ORS 469.730 to 469.745, unless the context requires
otherwise:
     (1) “Department” means the Department of
Consumer and Business Services.
     (2) “Director” means the Director of the
Department of Consumer and Business Services.
     (3) “Public building” means any publicly
or privately owned building constructed prior to January 1, 1978, including the
outdoor areas adjacent thereto, which:
     (a) Is open to and frequented by the
public; or
     (b) Serves as a place of employment. [1977
c.853 §2; 1987 c.414 §154; 1993 c.744 §114]
     469.740
Rules establishing energy conservation standards for public buildings; bases. In accordance with ORS chapter 183 and after
consultation with the Building Codes Structures Board and the State Department
of Energy, the Director of the Department of Consumer and Business Services
shall adopt rules establishing energy conservation standards for public
buildings. The standards shall provide means of measuring and reducing total
energy consumption and shall take into account:
     (1) The climatic conditions of the areas
in which particular buildings are located; and
     (2) The three basic systems comprising any
functioning building, which are:
     (a) Energized systems such as those
required for heating, cooling, lighting, ventilation, conveyance and business
equipment operation.
     (b) Nonenergized systems such as floors,
ceilings, walls, roof and windows.
     (c) Human systems such as maintenance,
operating and management personnel, tenants and other users. [1977 c.853 §3;
1987 c.414 §154a; 1993 c.744 §115]
     469.745
Voluntary compliance program.
To provide the public with a guide for energy conservation, the Director of the
State Department of Energy shall adopt a program for voluntary compliance by
the public with the standard adopted by the Director of the Department of
Consumer and Business Services under ORS 469.740. [1977 c.853 §4; 1987 c.414 §155]
     469.750
State purchase of alternative fuels. (1) Any state agency, board, commission, department or division that
is authorized to purchase or otherwise acquire fuel for the systems providing
heating, air conditioning, lighting and the supply of domestic hot water for
public buildings and grounds may enter into long-term contracts for the
purchase of alternative fuels. Such contracts may be for terms not longer than
20 years.
     (2) As used in this section:
     (a) “Alternative fuels” includes all fuels
other than petroleum, natural gas, coal and products derived therefrom. The
term includes, but is not limited to, solid wastes or fuels derived from solid
wastes.
     (b) “Public buildings and grounds” has the
meaning given that term in ORS 276.210. [1981 c.386 §6]
     Note: 469.750 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 469 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
(State Agency
Projects)
     469.752
Definitions for ORS 469.752 to 469.756. As used in ORS 469.752 to 469.756, unless the context requires
otherwise:
     (1) “Project” means a state agency’s
improvement of the efficiency of energy use through conservation, development
of cogeneration facilities or use of renewable resources. “Project” does not
include a plan of a state agency to improve the efficiency of energy use in a
state rented facility if the payback period for the project exceeds the term of
the current state lease for that facility.
     (2) “Savings” means any reduction in
energy costs or net income derived from the sale of energy generated through a
project.
     (3) “State agency” has the meaning given
that term in ORS 278.005. [1991 c.487 §1; 1993 c.86 §1; 1995 c.551 §16; 2003
c.186 §47]
     Note: 469.752 to 469.756 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
469 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     469.754
Authority of state agencies to establish projects; use of savings; rules. (1) State agencies are authorized to enter
into such contractual and other arrangements as may be necessary or convenient
to design, develop, operate and finance projects on-site at state owned or
state rented facilities. In developing such projects, state agencies shall
offer a right of first refusal of two months for conservation and direct use
renewable resources and three months for cogeneration and generating renewable
resources to each local utility providing utility service to the agency to
jointly develop, finance, operate and otherwise act together in the development
and operation of such projects. The State Department of Energy shall adopt
rules to establish the procedure by which the right of first refusal shall be
administered. In adopting the rules, the department shall insure that the local
utility providing utility service to the state agency is entitled to the first
right to negotiate with the state agency and that the utility is entitled to
match any offer made by any other entity to participate in the project. The
department also shall adopt procedures that insure that the right to first
negotiate and the right to match any offer applies to the sale of electrical or
steam output from the project.
     (2)(a) For as long as a project
established under ORS 469.752 to 469.756 produces savings:
     (A) A state agency’s budget shall not be
cut because of savings due to the project; and
     (B) A state agency shall retain 50 percent
of the net savings to the state agency after any project debt service.
     (b) Savings from a project shall be deposited
in a revolving fund administered by the state agency.
     (3) A state agency shall spend the savings
under subsection (2) of this section to increase productivity through:
     (a) Energy efficiency projects;
     (b) High-tech improvements, such as the
purchase or installation of new desktop or laptop computers or the linkage of
computers into systems or networks; or
     (c) Infrastructure improvements.
     (4) The moneys credited to the revolving
fund may be invested and reinvested as provided in ORS 293.701 to 293.790.
Notwithstanding ORS 293.105 (3) or any other provision of law, interest or
other earnings on moneys in the revolving fund shall be credited to the
revolving fund.
     (5) The remaining 50 percent of net
savings to the state agency after any project debt service shall be deposited
in the General Fund.
     (6) Nothing in ORS 469.752 to 469.756
authorizes a state agency to sell electricity to an entity other than an
investor owned utility, a publicly owned utility, an electric cooperative
utility or the Bonneville Power Administration.
     (7) Nothing in ORS 469.752 to 469.756
limits the authority of a state agency conferred by any other provision of law,
or affects any authority, including the authority of a municipality, to
regulate utility service under existing law. [1991 c.487 §2; 1993 c.86 §2]
     Note: See note under 469.752.
     469.756
Rules; technical assistance; evaluations. The State Department of Energy in consultation with other state
agencies and utilities shall adopt rules, guidelines and procedures that are
necessary to establish savings for projects and to implement other provisions
of ORS 469.752 to 469.756, including, but not limited to, rules prescribing the
procedures to be followed by an agency in negotiating with local utilities to
develop agreements suitable for the joint development of projects, and
procedures to determine which local utility, if any, shall be chosen to jointly
develop the project. The department may enter into agreements under ORS chapter
190 with state agencies to provide technical assistance in selecting
appropriate projects and to evaluate and determine energy and cost savings. [1991
c.487 §3]
     Note: See note under 469.752.
BIOFUELS AND
BIOMASS
     469.785
Fuel blends and solid biofuels; qualification for tax credits; rules. The State Department of Energy shall by rule
identify categories of fuel blend and solid biofuel that qualify for the
personal income tax credit allowed under ORS 315.465. [2007 c.739 §31]
     Note: Sections 8a, 8b and 32, chapter 739, Oregon
Laws 2007, provide:
     Sec.
8a. The State Department of
Energy shall periodically conduct an impact study of the biofuels program. The
study will include but is not limited to the following criteria with respect to
the biofuel sector in this state:
     (1) Jobs created;
     (2) Average wage rates for those jobs;
     (3) The provision of health care and other
benefits;
     (4) The extent to which workforce training
opportunities are being provided to employees;
     (5) The number of acres of biofuel
feedstock planted;
     (6) The number of gallons of biofuel
blended fuel produced and consumed in the state;
     (7) The cost of fuel with biofuel blends
and how that compares with the cost of petroleum fuel;
     (8) Environmental impacts such as
reductions in greenhouse gas emissions and other toxic air pollution;
     (9) The impact of biofuel feedstock
production on the price of commodity crops and the cost of food staples; and
     (10) The extent to which
     Sec.
8b. (1) The State Department
of Energy shall conduct the first study under section 8a of this 2007 Act two
years after the effective date of this 2007 Act [September 27, 2007].
     (2) Section 8a of this 2007 Act is
repealed January 2, 2025. [2007 c.739 §8b]
     Sec.
32. The State Department of
Energy shall adopt rules under section 31 of this 2007 Act [469.785] on or
before 60 days after the effective date of this 2007 Act [September 27, 2007].
[2007 c.739 §32]
     469.790
Biomass; eligibility for tax credits. To be eligible for the tax credit under ORS 315.141, the biomass must
be produced or collected in
     (1) For oil seed crops, $0.05 per pound.
     (2) For grain crops, including but not
limited to wheat, barley and triticale, $0.90 per bushel.
     (3) For virgin oil or alcohol delivered
for production in
     (4) For used cooking oil or waste grease,
$0.10 per gallon.
     (5) For wastewater biosolids, $10.00 per
wet ton.
     (6) For woody biomass collected from
nursery, orchard, agricultural, forest or rangeland property in
     (7) For grass, wheat, straw or other
vegetative biomass from agricultural crops, $10.00 per green ton.
     (8) For yard debris and municipally
generated food waste, $5.00 per wet ton.
     (9) For animal manure or rendering offal,
$5.00 per wet ton. [2007 c.739 §5]
     Note: Section 6, chapter 739, Oregon Laws 2007,
provides:
     Sec.
6. (1) Sections 2 [315.141],
3 [315.144] and 5 [469.790], chapter 739, Oregon Laws 2007, apply to tax
credits for tax years beginning on or after January 1, 2007, and before January
1, 2013.
     (2) Notwithstanding subsection (1) of this
section, a tax credit is not allowed for wheat grain (other than nongrain wheat
material) before tax years beginning on or after January 1, 2009, or on or
after January 1, 2013. [2007 c.739 §6; 2007 c.590 §5]
     469.800 [1981 c.49 §1; renumbered 469.803 in 1999]
PACIFIC NORTHWEST
ELECTRIC POWER AND CONSERVATION PLANNING COUNCIL
     469.802
Definition for ORS 469.802 to 469.845. As used in ORS 469.802 to 469.845, “council” means the Pacific
Northwest Electric Power and Conservation Planning Council. [1999 c.59 §141]
     469.803
     469.805
State members of council; confirmation; qualifications. (1) The Governor, subject to Senate
confirmation pursuant to section 4, Article III of the Oregon Constitution,
shall appoint two persons to serve as members of the Pacific Northwest Electric
Power and Conservation Planning Council for terms of three years.
     (2) In making the appointments under
subsection (1) of this section, the Governor shall consider but is not limited
to:
     (a) Prior experience, training and
education as related to the duties and functions of the council and the
priorities contained in section 4 of Public Law 96-501.
     (b) General knowledge of the concerns,
conditions and problems of the physical, social and economic environment of the
State of
     (c) The need for diversity of experience
and education related to the functions and duties of the council and priorities
of Public Law 96-501.
     (3) Of the persons appointed under
subsection (1) of this section, not more than one member of the Oregon
delegation to the council shall reside within the boundary of an area that
includes the First and Third Congressional Districts as described in ORS
188.135 and the Portland, Oregon, Standard Metropolitan Statistical Area. [1981
c.49 §2; 1995 c.156 §1; 1997 c.249 §168]
     469.810
Conflicts of interest prohibited. (1) A Pacific Northwest Electric Power and Conservation Planning
Council member or member of the council memberÂ’s household may not own or have
any beneficial interest in any stock or indebtedness of any utility or direct
service industry.
     (2) A council member or a member of the
council memberÂ’s household may not be a director, officer, agent or employee of
any utility or direct service industry.
     (3) A council member or a member of the
council memberÂ’s household may not be a director, officer, agent or employee of
or hold any proprietary interest in any consulting firm that does business with
any utility or direct service industry.
     (4) A council member or a member of the
council memberÂ’s household may not receive any compensation from any utility or
direct service industry arising out of the memberÂ’s business, trade or
profession.
     (5) A council member is a public official
subject to the provisions and reporting requirements of ORS chapter 244.
     (6) A council member must be a citizen of
the
     (7) A council member may not hold any
other elected or appointed lucrative public office or be principally engaged in
any other business or vocation.
     (8) As used in this section:
     (a) “Beneficial interest” does not include
an interest in a pension fund, a mutual fund or an insurance fund.
     (b) “Consulting firm” means any
corporation, partnership or sole proprietorship whose principal business is
providing personal services.
     (c) “Member of the household” means any
relative who resides with the council member.
     (d) “Relative” means the spouse of the
council member, any children of the council member or of the council memberÂ’s
spouse, and brothers, sisters or parents of the council member or of the
council memberÂ’s spouse.
     (e) “Utility or direct service industry”
means a utility or direct service industry customer that purchases electrical
energy directly from the Bonneville Power Administration. [1981 c.49 §3; 1987
c.566 §23; 2007 c.865 §38]
     469.815
Status of members; duties; attendance at public meetings; technical assistance. (1) Persons appointed by the Governor and
confirmed by the Senate to serve as Pacific Northwest Electric Power and
Conservation Planning Council members shall be considered to be full-time state
public officials. Council members shall perform the duties of members of the
council as specified in Public Law 96-501, consistently with the priorities
contained in section 4 thereof and as otherwise provided in state law.
     (2) If public meetings are held in the
State of
     (3) A council member may request, and
state agencies shall provide, technical assistance to assist the council member
in performing the council member’s duties. [1981 c.49 §4]
     469.820
Term; reappointment; vacancy.
(1) Each Pacific Northwest Electric Power and Conservation Planning Council
member shall serve a term ending January 15 of the third year following
appointment. A council member, except upon removal as provided in ORS 469.830
(2), continues to serve as a member of the council until a successor is
appointed and confirmed.
     (2) A council member is eligible for
reappointment, subject to Senate confirmation, but no member shall serve more
than three consecutive terms. A council member who serves 18 months or more of
a term shall be considered to have served a full term. However, with respect to
the initial term consisting of two years, a council member who serves 12 months
or more shall be considered to have served a full term.
     (3) Within 30 days of the creation of a
vacancy in the position of a council member, the Governor shall appoint a
person to serve the succeeding term or the remainder of the unexpired term.
However, the Governor need not appoint a person to serve the remainder of the
unexpired term if the vacancy occurs within 30 days or less of the expiration
of the term. [1981 c.49 §5]
     469.825
Prohibited activities of members. (1) A person who has been a Pacific Northwest Electric Power and
Conservation Planning Council member shall not engage in any of the activities
prohibited by ORS 469.810 (2) and (3), within one year after ceasing to be a
council member.
     (2) A person who has been a council member
shall not appear as a representative of any party on any matter before the
council within three years after ceasing to be a council member.
     (3) A person who has been a council member
shall not represent, aid, counsel, consult or advise for financial gain any
person on any matter before the council within three years after ceasing to be
a council member.
     (4) A person who has been a council member
shall not appear for financial gain as a representative of or aid, counsel or
advise any party before the council or the Bonneville Power Administration or
communicate with the council or the Bonneville Power Administration with the
intent to influence the outcome of any decision on any matter in which the
council member was substantially and personally involved while on the council.
     (5) Notwithstanding the status of council
members as state officers, the provisions of 18 U.S.C. 207 relating to
post-employment activities shall be considered to be state law in so far as
they do not conflict therewith, applicable to council members appointed
pursuant to ORS 469.802 to 469.845 and 469.990 (3), regardless of the salary
paid to the council members.
     (6) Subsections (2) to (5) of this section
shall not apply to any appearance, attendance, communication or other action on
behalf of the State of
     469.830
Removal of members; grounds; procedure. (1) Pacific Northwest Electric Power and Conservation Planning Council
members shall serve at the pleasure of the Governor, except as provided in
subsection (2) of this section.
     (2) The Governor shall remove a council
member for the following causes:
     (a) Failure to attend three consecutive
council meetings except for good cause.
     (b) Conviction of a felony.
     (c) Violation of ORS chapter 244.
     (d) Violation of ORS 469.810.
     (3) Before removal of a council member by
the Governor, the council member shall be given a written statement of the
reasons for removal and, upon request by the member, an opportunity to be heard
publicly on such reasons before the Governor. A copy of the statement of
reasons and a transcript of the record of the hearing shall be filed with the
Secretary of State. [1981 c.49 §7]
     469.835
Salary of members; staff.
(1) Each Pacific Northwest Electric Power and Conservation Planning Council
member shall receive a salary not to exceed the salary of a member of the
Public Utility Commission, or the maximum salary authorized under section
4(a)(3) of Public Law 96-501.
     (2) Each council member is entitled to
appoint one secretarial staff assistant who shall be in the unclassified
service. [1981 c.49 §8; 1989 c.171 §64]
     469.840
Northwest Regional Power and Conservation Account; uses. (1) There is established a Northwest
Regional Power and Conservation Account. Moneys received pursuant to Public Law
96-501 shall be placed in the account.
     (2) The account created by subsection (1)
of this section is continuously appropriated for disbursement to state
agencies, including but not limited to the Public Utility Commission, the State
Department of Energy, the State Department of Fish and Wildlife and the Water
Resources Department to carry out the purposes of Public Law 96-501, subject to
legislative approval or limitation by law or Emergency Board action. [1981 c.49
§9; 1987 c.158 §99; 2003 c.186 §48]
     469.845
Annual report to Governor and legislature. Pacific Northwest Electric Power and Conservation Planning Council
members shall prepare a report which shall be presented to the Governor and to
the President of the Senate and the Speaker of the House of Representatives of
the Legislative Assembly on October 1 of each year. The report shall include a
review of the council’s actions during the prior year. [1981 c.49 §10]
COMMERCIAL ENERGY
CONSERVATION SERVICES PROGRAM
     469.860
Definitions for ORS 469.860 to 469.900. (1) As used in ORS 469.865 to 469.875, 469.900 (1) and (2) and
subsection (2) of this section:
     (a) “Commercial building” means a public
building as defined in ORS 455.560.
     (b) “Commission” means the Public Utility
Commission.
     (c) “Conservation services” means
providing energy audits or technical assistance for energy conservation
measures as part of a program approved under ORS 469.860 to 469.900.
     (d) “Electric utility” means a public
utility, as defined in ORS 757.005, which produces, transmits, delivers or
furnishes electric power and is regulated by the commission under ORS chapter
757.
     (e) “Energy conservation measure” means a
measure primarily designed to improve the efficiency of energy use in a
commercial building. “Energy conservation measures” include, but are not
limited to, improved operation and maintenance measures, energy use analysis
procedures, lighting system improvements, heating, ventilating and air
conditioning system modifications, furnace and boiler efficiency improvements,
automatic control systems including wide dead band thermostats, heat recovery
devices, infiltration controls, envelope weatherization, solar water heaters
and water heating heat pumps.
     (2) As used in ORS 469.865 and 469.900
(2), “gas utility” means a public utility, as defined in ORS 757.005, which
delivers or furnishes natural gas to customers for heat, light or power.
     (3) As used in ORS 469.880 to 469.895 and
469.900 (3):
     (a) “Commercial building” means a public
building as defined in ORS 455.560.
     (b) “Conservation services” has the
meaning given in subsection (1) of this section.
     (c) “Energy conservation measure” has the
meaning given in subsection (1) of this section.
     (d) “Publicly owned utility” means an
electric utility owned or operated, in whole or in part, by a municipality,
cooperative association or people’s utility district. [1981 c.708 §§1,7,13]
     Note: 469.860 (1) and (2) and 469.863 were enacted
into law by the Legislative Assembly but were not added to or made a part of
ORS chapter 469 or any series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
     469.863
Gas utility to adopt commercial energy audit program; rules. (1) Within 365 days after November 1, 1981,
the Public Utility Commission shall adopt rules governing energy conservation
programs provided by gas utilities under this section and may provide for
coordination among electric utilities and gas utilities that serve the same
commercial building.
     (2) Within 180 days after the effective
date of the rules adopted by the commission under subsection (1) of this
section, each gas utility shall present for the commissionÂ’s approval a
commercial energy audit program which shall, to the commissionÂ’s satisfaction:
     (a) Make information about energy
conservation measures available to any commercial building customer of the gas
utility, upon request;
     (b) Regularly notify all customers in
commercial buildings of the availability of the services described in this
section;
     (c) Provide to any commercial building
customer of the gas utility, upon request, an on-site energy audit of the
customerÂ’s commercial building, including, but not limited to, an estimate of
the cost of the recommended energy conservation measure; and
     (d) Set a reasonable time schedule for
effective implementation of the elements set forth in this section. [1981 c.708
§8]
     Note: See note under 469.860.
     469.865
Electric utility to adopt commercial energy conservation services program. (1) Within 180 days after the adoption of
the rules by the Public Utility Commission under section 2, chapter 708, Oregon
Laws 1981, each electric utility shall present for the commissionÂ’s approval a
commercial energy conservation services program which shall, to the commissionÂ’s
satisfaction:
     (a) Make information about energy
conservation available to any commercial building customer of the electric
utility, upon request;
     (b) Regularly notify all customers in
commercial buildings of the availability of the services described in this
section; and
     (c) Provide to any commercial building
customer of the electric utility, upon request, an on-site energy audit of the
customerÂ’s commercial building, including, but not limited to, an estimate of
the cost of the energy conservation measures.
     (2) The programs submitted and approved
under this section shall include a reasonable time schedule for effective
implementation of the elements set forth in subsection (1) of this section in
the service areas of the electric utility. [1981 c.708 §3]
     469.870
Application of ORS 469.865, 469.870 and 469.900 (1) to electric utility. ORS 469.865, 469.900 (1) and this section
shall not apply to an electric utility if the Public Utility Commission
determines that its existing commercial energy conservation services program
meets or exceeds the requirements of those sections. [1981 c.708 §4]
     469.875
Fee for gas utility audit.
The Public Utility Commission shall determine whether the gas utility may
charge a reasonable fee to the customer for the energy audit service and, if
so, the fee amount. [1981 c.708 §9]
     469.878
Alternative fuels program.
(1) An investor-owned utility may offer cash payments to assist the utilityÂ’s
commercial and industrial customers in purchasing a facility as defined in ORS
469.185, including but not limited to an alternative fuel vehicle refueling
station. The utility may pay the customer the present value to the utility of
the tax credit to which the customer would be entitled under ORS 469.185 to
469.225.
     (2) As used in this section, “cash payment”
and “investor-owned utility” have the meanings given those terms in ORS
469.631. [1991 c.711 §6; 1993 c.18 §123; 1995 c.746 §18a; 1999 c.623 §8; 1999
c.765 §6]
     469.880
Energy audit program; rules.
Each publicly owned utility serving
     469.885
Publicly owned utility to adopt commercial energy audit program; fee. (1) Within 180 days after the adoption of
rules by the Director of the State Department of Energy under ORS 469.880, each
publicly owned utility shall present for the directorÂ’s approval a commercial
energy audit program that shall, to the directorÂ’s satisfaction:
     (a) Make information about energy
conservation available to any commercial building customer of the publicly
owned utility, upon request;
     (b) Regularly notify all customers in
commercial buildings of the availability of the services described in this
section;
     (c) Provide to any commercial building
customer of the publicly owned utility, upon request, an on-site energy audit
of the customerÂ’s commercial building, including, but not limited to, an
estimate of the cost of the energy conservation measures; and
     (d) Set a reasonable time schedule for
effective implementation of the elements set forth in this section.
     (2) The commercial energy audit program
submitted under subsection (1) of this section shall specify whether the
publicly owned utility proposes to charge the customer a fee for the energy
audit and, if so, the fee amount. [1981 c.708 §§15,16; 2003 c.186 §50]
     469.890
Publicly owned utility to adopt commercial energy conservation program; fees;
rules. (1) Within 365 days
after November 1, 1981, the Director of the State Department of Energy shall
adopt rules governing energy conservation programs prescribed by ORS 469.895
and 469.900 (3) and this section and may provide for coordination among
electric utilities and gas utilities that serve the same commercial building.
Within 180 days of the adoption of rules by the director, each covered publicly
owned utility shall present for the directorÂ’s approval a commercial energy
conservation services program that shall, to the directorÂ’s satisfaction:
     (a) Make information about energy
conservation available to all commercial building customers of the covered
publicly owned utility, upon request;
     (b) Regularly notify all customers in
commercial buildings of the availability of the services described in this
section; and
     (c) Provide to any commercial building
customer of the covered publicly owned utility, upon request, an on-site energy
audit of the customerÂ’s commercial building, including, but not limited to, an
estimate of the cost of energy conservation measures.
     (2) The programs submitted and approved
under this section shall include a reasonable time schedule for effective
implementation of the elements set forth in subsection (1) of this section in
the service areas of the covered publicly owned utility.
     (3) The commercial energy conservation
services program submitted under subsections (1) and (2) of this section shall
specify whether the covered publicly owned utility proposes to charge the
customer a fee for the energy audit and, if so, the fee amount. [1981 c.708 §§18,19;
2003 c.186 §51]
     469.895
Application of ORS 469.890 to 469.900 to publicly owned utility. (1) ORS 469.890 and 469.900 (3) and this
section apply in any calendar year to a publicly owned utility only if during
the second preceding calendar year sales of electric energy by the publicly
owned utility for purposes other than resale exceeded 750 million
kilowatt-hours. For the purpose of ORS 469.890 and 469.900 (3) and this
section, a publicly owned utility with sales for nonresale purposes in excess
of 750 million kilowatt-hours during the second preceding calendar year shall
be known as a “covered publicly owned utility.”
     (2) ORS 469.890 and 469.900 (3) and this
section shall not apply to a covered publicly owned utility if the Director of
the State Department of Energy determines that its existing commercial energy
conservation services program meets or exceeds the requirements of those
sections.
     (3) Before the beginning of each calendar
year, the director shall publish a list identifying each covered publicly owned
utility to which ORS 469.890 and 469.900 (3) and this section shall apply
during that calendar year.
     (4) Any covered publicly owned utility is
exempt from the requirements of ORS 469.880 and 469.885. [1981 c.708 §17; 2003
c.186 §52]
     469.900
Duty of commission to avoid conflict with federal requirements. (1) The Public Utility Commission shall
insure that each electric utilityÂ’s commercial energy conservation services
program does not conflict with federal statutes and regulations applicable to
electric utilities and energy conservation in commercial buildings.
     (2) The commission shall insure that each
gas utilityÂ’s commercial energy conservation services program does not conflict
with federal statutes and regulations applicable to gas utilities and energy
conservation in commercial buildings.
     (3) The Director of the State Department
of Energy shall insure that each covered publicly owned utilityÂ’s commercial
energy conservation services program does not conflict with federal statutes
and regulations applicable to covered publicly owned utilities and energy
conservation in commercial buildings. [1981 c.708 §§5,10,20]
     Note: 469.900 (1) and (2) were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
469 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
NORTHWEST
INTERSTATE COMPACT ON LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT
     469.930
Northwest Interstate Compact on Low-Level Radioactive Waste Management. The Northwest Interstate Compact on
Low-Level Radioactive Waste Management is enacted into law by the State of
______________________________________________________________________________
ARTICLE I
Policy and Purpose
     The party states recognize that low-level
radioactive wastes are generated by essential activities and services that
benefit the citizens of the states. It is further recognized that the
protection of the health and safety of the citizens of the party states and the
most economical management of low-level radioactive wastes can be accomplished
through cooperation of the states in minimizing the amount of handling and
transportation required to dispose of such wastes and through the cooperation
of the states in providing facilities that serve the region. It is the policy
of the party states to undertake the necessary cooperation to protect the
health and safety of the citizens of the party states and to provide for the
most economical management of low-level radioactive wastes on a continuing
basis. It is the purpose of this compact to provide the means for such a
cooperative effort among the party states so that the protection of the
citizens of the states and the maintenance of the viability of the statesÂ’
economies will be enhanced while sharing the responsibilities of radioactive
low-level waste management.
ARTICLE II
Definitions
     As used in this compact:
     (1) “Facility” means any site, location,
structure or property used or to be used for the storage, treatment or disposal
of low-level waste, excluding federal waste facilities.
     (2) “Low-level waste” means waste material
which contains radioactive nuclides emitting primarily beta or gamma radiation,
or both, in concentrations or quantities which exceed applicable federal or
state standards for unrestricted release. Low-level waste does not include
waste containing more than 10 nanocuries of transuranic contaminants per gram
of material, nor spent reactor fuel, nor material classified as either
high-level waste or waste which is unsuited for disposal by near-surface burial
under any applicable federal regulations.
     (3) “Generator” means any person,
partnership, association, corporation or any other entity whatsoever which, as
a part of its activities, produces low-level radioactive waste.
     (4) “Host state” means a state in which a
facility is located.
ARTICLE III
Regulatory Practices
     Each party state hereby agrees to adopt
practices which will require low-level waste shipments originating within its
borders and destined for a facility within another party state to conform to
the applicable packaging and transportation requirements and regulations of the
host state. Such practices shall include:
     (1) Maintaining an inventory of all
generators within the state that have shipped or expect to ship low-level waste
to facilities in another party state.
     (2) Periodic unannounced inspection of the
premises of such generators and the waste management activities thereon.
     (3) Authorization of the containers in
which such waste may be shipped and a requirement that generators use only that
type of container authorized by the state.
     (4) Assurance that inspections of the
carriers which transport such waste are conducted by proper authorities and
appropriate enforcement action is taken for violations.
     (5) After receiving notification from a
host state that a generator within the party state is in violation of
applicable packaging or transportation standards, the party state will take
appropriate action to assure that such violations do not recur. Such action may
include inspection of every individual low-level waste shipment by that
generator.
     (6) Each party state may impose fees upon
generators and shippers to recover the cost of the inspections and other
practices under this Article. Nothing in this Article shall be construed to
limit any party stateÂ’s authority to impose additional or more stringent
standards on generators or carriers than those required under this Article.
ARTICLE IV
Regional Facilities
     (1) Facilities located in any party state,
other than facilities established or maintained by individual low-level waste
generators for the management of their own low-level waste, shall accept
low-level waste generated in any party state if such waste has been packaged
and transported according to applicable laws and regulations.
     (2) No facility located in any party state
may accept low-level waste generated outside of the region comprised of the
party states, except as provided in Article V.
     (3) Until such time as paragraph (2) of
this Article takes effect as provided in Article VI, facilities located in any
party state may accept low-level waste generated outside of any of the party
states only if such waste is accompanied by a certificate of compliance issued
by an official of the state in which such waste shipment originated. Such
certificate shall be in such form as may be required by the host state and
shall contain at least the following:
     (a) The generator’s name and address;
     (b) A description of the contents of the
low-level waste container;
     (c) A statement that the low-level waste
being shipped has been inspected by the official who issued the certificate or
by an agent of the official or by a representative of the United States Nuclear
Regulatory Commission, and found to have been packaged in compliance with
applicable federal regulations and such additional requirements as may be
imposed by the host state; and
     (d) A binding agreement by the state of
origin to reimburse any party state for any liability or expense incurred as a
result of an accidental release of such waste, during shipment or after such
waste reaches the facility.
     (4) Each party state shall cooperate with
the other party states in determining the appropriate site of any facility that
might be required within the region comprised of the party states, in order to
maximize public health and safety while minimizing the use of any one party
state as the host of such facilities on a permanent basis. Each party state
further agrees that decisions regarding low-level waste management facilities
in the region will be reached through a good faith process which takes into
account the burdens borne by each of the party states as well as the benefits
each has received.
     (5) The party states recognize that the
issue of hazardous chemical waste management is similar in many respects to
that of low-level waste management. Therefore, in consideration of the State of
     (6) Any host state may establish a
schedule of fees and requirements related to its facility to assure that
closure, perpetual care, and maintenance and contingency requirements are met,
including adequate bonding.
ARTICLE V
Northwest Low-Level Waste
Compact Committee
     The governor of each party state shall
designate one official of that state as the person responsible for
administration of this compact. The officials so designated shall together
comprise the Northwest low-level waste compact committee. The committee shall
meet as required to consider matters arising under this compact. The parties
shall inform the committee of existing regulations concerning low-level waste management
in their states and shall afford all parties a reasonable opportunity to review
and comment upon any proposed modifications in such regulations.
Notwithstanding any provision of Article IV to the contrary, the committee may
enter into arrangements with states, provinces, individual generators or
regional compact entities outside the region comprised of the party states for
access to facilities on such terms and conditions as the committee may deem
appropriate. However, it shall require a two-thirds vote of all such members,
including the affirmative vote of the member of any party state in which a
facility affected by such arrangement is located, for the committee to enter
into such arrangement.
ARTICLE VI
Eligible Parties and Effective Date
     (1) Each of the following states is
eligible to become a party to this compact:
     (2) After the compact has initially taken
effect pursuant to paragraph (1) of this Article any eligible party state may
become a party to this compact by the execution of an executive order by the
governor of the state. Any state which becomes a party in this manner shall
cease to be a party upon the final adjournment of the next general or regular
session of its legislature or July 1, 1983, whichever occurs first, unless the
compact has by then been enacted as a statute by that state.
     (3) Paragraph (2) of Article IV of this
compact shall take effect on July 1, 1983, if consent is given by Congress. As
provided in Public Law 96-573, Congress may withdraw its consent to the compact
after every five-year period.
ARTICLE VII
Severability
     If any provision of this compact, or its
application to any person or circumstance, is held to be invalid, all other
provisions of this compact, and the application of all of its provisions to all
other persons and circumstances, shall remain valid; and to this end the
provisions of this compact are severable.
______________________________________________________________________________
[1981 c.497 §1]
     469.935 [1981 c.497 §3; repealed by 1997 c.632 §14]
POWER COSTS AND
RATES
     469.950
Authority to enter into interstate cooperative agreements to control power
costs and rates; Bonneville Power Administration. The State of
     (1) Federal attempts to increase
arbitrarily the interest rates on federal funds previously used to build public
facilities in the
     (2) Federal initiatives to sell the
Bonneville Power Administration.
     (3) Bonneville Power Administration rate
increase and budget expenditure proposals in excess of their actual needs.
     (4) Regional uses of surplus firm power,
including uses by existing or newly attracted
     (5) Power transmission intertie access. [1985
c.780 §1]
     Note: 469.950 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 469 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
PENALTIES
     469.990
Penalties. (1) In addition
to any penalties under subsection (2) of this section, a person who discloses
confidential information in violation of ORS 469.090, willfully or with
criminal negligence, as defined by ORS 161.085, may be subject to removal from
office or immediate dismissal from public employment.
     (2)(a) Willful disclosure of confidential
information in violation of ORS 469.090 is punishable upon conviction, by a
fine of not more than $10,000 or imprisonment for up to one year, or both, for
each offense.
     (b) Disclosure of confidential information
in violation of ORS 469.090 with criminal negligence, as defined by ORS
161.085, is a Class A violation.
     (3) Any person who violates ORS 469.825
commits a Class A misdemeanor. [1975 c.606 §20; subsection (3) enacted as 1981
c.49 §11; 1999 c.1051 §185]
     469.991 [1989 c.926 §40; 1991 c.67 §142; repealed by
1999 c.880 §2]
     469.992
Civil penalties. (1) The
Director of the State Department of Energy or the Energy Facility Siting
Council may impose civil penalties for violation of ORS 469.300 to 469.619 and
469.930, for violations of rules adopted under ORS 469.300 to 469.619 and
469.930, for violation of any site certificate or amended site certificate
issued under ORS 469.300 to 469.601 or for violation of a State Department of
Energy order issued pursuant to ORS 469.405 (3). A civil penalty in an amount
of not more than $25,000 per day for each day of violation may be assessed.
     (2) Subject to ORS 153.022, violation of
an order entered pursuant to ORS 469.550 is punishable upon conviction by a
fine of $50,000. Each day of violation constitutes a separate offense.
     (3) A civil penalty in an amount not less
than $100 per day nor more than $1,000 per day may be assessed by the director
or the Energy Facility Siting Council for a willful failure to comply with a
subpoena served by the director pursuant to ORS 469.080 (2).
     (4) A civil penalty in an amount of not
more than $25,000 per day for each day in violation of any provision of ORS
469.603 to 469.619 may be assessed by the circuit court upon complaint of any
person injured by the violation. [Formerly 453.994; 1977 c.794 §17; 1981 c.707 §13;
1983 c.273 §4; 1987 c.158 §101; 1989 c.6 §12; 1991 c.480 §8; 1999 c.385 §13;
1999 c.1051 §309; 2003 c.186 §53]
     Note: The amendments to 469.992 by section 17,
chapter 653, Oregon Laws 1991, become operative when the federal government or
a state that has entered into an agreement under 42 U.S.C. 2021 exempts from
regulation or changes the regulatory status of any radioactive material that is
subject to regulation on January 1, 1989. See section 18, chapter 653, Oregon
Laws 1991. The text of 469.992 that would become operative upon an exemption or
change, including amendments by section 14, chapter 385, Oregon Laws 1999,
section 310, chapter 1051, Oregon Laws 1999, and section 54, chapter 186,
Oregon Laws 2003, is set forth for the userÂ’s convenience.
     469.992. (1) The Director of the State Department of
Energy or the Energy Facility Siting Council may impose civil penalties for
violation of ORS 469.300 to 469.619 and 469.930, for violations of rules
adopted under ORS 469.300 to 469.619 and 469.930, for violation of any site
certificate or amended site certificate issued under ORS 469.300 to 469.601 or
for violation of a State Department of Energy order issued pursuant to ORS
469.405 (3). A civil penalty in an amount of not more than $25,000 per day for
each day of violation may be assessed.
     (2) Subject to ORS 153.022, violation of
an order entered pursuant to ORS 469.550 is punishable upon conviction by a
fine of $50,000. Each day of violation constitutes a separate offense.
     (3) A civil penalty in an amount not less
than $100 per day nor more than $1,000 per day may be assessed by the director
or the Energy Facility Siting Council for a willful failure to comply with a
subpoena served by the director pursuant to ORS 469.080 (2).
     (4) A civil penalty in an amount of not
more than $25,000 per day for each day in violation of any provision of ORS
469.603 to 469.619 or section 14, chapter 653, Oregon Laws 1991, may be
assessed by the circuit court upon complaint of any person injured by the
violation.
     Note: Section 18, chapter 653, Oregon Laws 1991,
provides:
     Sec.
18. Sections 12 to 16 of
this Act and the amendments to ORS 469.992 by section 17 of this Act do not
become operative until the federal government or a state that has entered into
an agreement under 42 U.S.C. 2021 exempts from regulation or changes the
regulatory status of any radioactive material that is subject to regulation on
January 1, 1989. [1991 c.653 §18]
     469.994
Civil penalty when contractor certificate revoked. (1) The Director of the State Department of
Energy may impose a civil penalty against a contractor if a contractor
certificate is revoked under ORS 469.180. The amount of the penalty shall be
equal to the total amount of tax relief estimated to have been provided under
ORS 316.116 or 317.115 to the contractor or to purchasers of the system for
which a contractorÂ’s certificate has been revoked.
     (2) The State Department of Energy may not
collect any of the amount of a civil penalty imposed under subsection (1) of
this section from a purchaser of the system for which the final certificate has
been revoked. However, the Department of Revenue shall proceed under ORS
469.180 (3) to collect taxes not paid by a taxpayer if the tax credit is
ordered forfeited because of that taxpayerÂ’s fraud or misrepresentation under
ORS 469.180 (1)(a).
     (3) Civil penalties under this section
shall be imposed as provided in ORS 183.745.
     (4) A penalty recovered under this section
shall be paid into the State Treasury and credited to the General Fund and is
available for general governmental expenses. [1981 c.894 §8; 1983 c.346 §5;
1989 c.706 §18; 1989 c.880 §13a; 1991 c.734 §38; 1997 c.534 §13]
_______________
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