Oregon Chapter 469
Chapter 469 — Energy; Conservation Programs; Energy FacilitiesDownload Full 2005 Oregon Revised Statutes (coming soon!)
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Chapter 469 —
Energy; Conservation Programs; Energy Facilities
2007 EDITION
ENERGY; CONSERVATION PROGRAMS; ENERGY
FACILITIES
PUBLIC HEALTH AND SAFETY
GENERAL PROVISIONS
469.010 Policy
469.020 Definitions
STATE DEPARTMENT OF ENERGY; ADMINISTRATION
469.030 State
Department of Energy; duties
469.040 Director;
duties; appointment; rules
469.050 Limitations
on subsequent employment of director; sanctions
469.055 Authority
of department to require fingerprints
469.060 Comprehensive
energy plan; energy pricing structures research
469.070 Energy
forecast; contents; fees
469.080 Energy
resource information; subpoena power; depositions; limitations on obtaining
information; protection from abuse
469.085 Procedure
for imposing civil penalties; rules
469.090 Confidentiality
of information submitted under ORS 469.080
469.097 Duty
to monitor industry progress in energy conservation
469.100 Agency
consideration of legislative policy; agency review of rules
469.110 Dealings
with federal government; intervention by State Department of Energy in agency
action
469.120 State
Department of Energy Account; appropriation; record of moneys
469.135 Energy
Conservation Clearinghouse for Commerce and Industry
469.150 Energy
suppliers to provide conservation services and information; rules
469.155 Advisory
energy conservation standards for dwellings; rules
ALTERNATIVE ENERGY DEVICES
469.160 Definitions
for ORS 469.160 to 469.180; rules
469.165 Rules;
federal standards
469.170 Claim
for tax credits; rules; eligibility; contents; contractor system certification
469.171 Transfer
of tax credit for alternative fuel vehicle; rules
469.172 Ineligible
devices; rules
469.176 Performance
assumptions and prescriptive measures for tax credits
469.180 Forfeiture
of tax credits; revocation of contractor certificate; inspection; effect of
failure to allow inspection
RENEWABLE ENERGY RESOURCES
469.185 Definitions
for ORS 469.185 to 469.225 and 469.878; rules
469.190 Policy
469.195 Priority
given to certain projects; criteria
469.197 Rules;
criteria for high-performance homes, renewable energy systems, combined heat
and power facilities and renewable energy resource equipment
469.200 Annual
limit to cost of facility in granting tax credits
469.205 Application
for preliminary certification; eligibility; contents; fees; rules
469.206 Transferability
of facility tax credit; rules; effect on taxes reported by public utility
469.207 Tax
credit for rental housing units; eligibility
469.208 Transferability
of rental housing unit tax credit; rules
469.210 Submission
of plans, specifications and contract terms; preliminary certification
469.215 Final
certification; eligibility; application; content
469.217 Rules;
fees for certification
469.220 Certificate
required for tax credits; certification not to exceed five years
469.225 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)
469.229 Definitions
for ORS 469.229 to 469.261
469.233 Energy
efficiency standards
469.235 Certain
reflector lamps exempt from standards
469.238
469.239 Installation
of products not meeting standards prohibited; exemptions
469.255 Manufacturers
to test products; test methods; certification of products; rules
469.261 Department
to review standards; rules; postponement of operative dates of standards;
application for waiver of federal preemption
REGULATION OF ENERGY FACILITIES
(General Provisions)
469.300 Definitions
469.310 Policy
(Siting)
469.320 Site
certificate required; exceptions
469.330 Notice
of intent to file application for site certificate; public notice; standards,
application requirements and study requirements; project order; rules
469.350 Application
for site certificate; comment and recommendation
469.360 Evaluation
of site applications; costs; payment
469.370 Draft
proposed order for hearing; issues raised; final order; expedited processing
469.373 Expedited
processing for certain natural gas energy facilities
469.375 Required
findings for radioactive waste disposal facility certificate
469.378 Land
use compatibility statement for energy facility
469.401 Energy
facility site certificate; conditions; effect of issuance on state and local
government agencies
469.402 Delegation
of review of future action required by site certificate
469.403 Rehearing
on approval or rejection of application for site certificate or amendment; appeal;
judicial review vested in Supreme Court; stay of order
469.405 Amendment
of site certificate; judicial review; exemption; rules
469.407 Amendment
of application to increase capacity of facility
469.409 Amendment
of site certificate to demonstrate compliance with carbon dioxide emissions
standard; binding arbitration to resolve disputes
469.410 Energy
facility site certificate applications filed or under construction prior to
July 2, 1975; conditions of site certificate; monitoring programs
469.421 Fees;
exemptions; assessment of certain utilities and suppliers; penalty
469.430 Site
inspections
469.440 Grounds
for revocation or suspension of certificates
469.441 Justification
of fees charged; judicial review
(High Voltage Transmission Lines)
469.442 Procedure
prior to construction of transmission line in excess of 230,000 volts; review
committee
(Administration)
469.450 Energy
Facility Siting Council; appointment; confirmation; term; restrictions
469.460 Officers;
meetings; compensation and expenses
469.470 Powers
and duties; rules
469.480 Local
government advisory group; special advisory groups; compensation and expenses;
Electric and Magnetic Field Committee; rules
(Rules; Standards; Compliance)
469.490 Adoption
of rules; determination of validity
469.501 Energy
facility siting, construction, operation and retirement standards; exemptions
469.503 Requirements
for approval of energy facility site certificate; carbon dioxide emissions
standard; offset funds; use of offset funds by qualifying organization; rules
469.504 Facility
compliance with statewide planning goals; exception; amendment of local plan
and land use regulations; conflicts; technical assistance; rules
469.505 Consultation
with other agencies
469.507 Monitoring
environmental and ecological effects of construction and operation of energy
facilities
469.520 Cooperation
of state governmental bodies; adoption of rules by state agencies on energy
facility development
(Plant Operations; Radioactive Wastes)
469.525 Radioactive
waste disposal facilities prohibited; exceptions; rules
469.530 Review
and approval of security programs
469.533 State
Department of Energy rules for health protection and evacuation procedures in
nuclear emergency
469.534 County
procedures
469.535 Governor
may assume control of emergency operations during nuclear accident or
catastrophe
469.536 Public
utility to disseminate information under ORS 469.533
469.540 Reductions
or curtailment of operations for violation of safety standards; notice; time
period for repairs; transport and disposal of radioactive materials
469.550 Order
for halt of plant operations or activities with radioactive material; notice
469.553 Active
uranium mill or mill tailings disposal facility site certification required; procedure
for review; fees
469.556 Rules
governing uranium-related activities
469.559 Cooperative
agreements authorized between council and federal officials and agencies;
rules; powers of Governor; exception for inactive or abandoned site
(Records)
469.560 Records;
public inspection; confidential information
(Insurance)
469.561 Property
insurance required; exceptions; filing of policy
469.562 Eligible
insurers
(Enforcement)
469.563 Court
orders for enforcement
(
469.566 Legislative
findings
469.568 Construction
of ORS 469.566 to 469.583
469.569 Definitions
for ORS 469.566 to 469.583
469.571 Oregon
Hanford Cleanup Board; members; appointment
469.572 Compensation
of board members
469.573 Purpose
of
469.574 Duties
of Oregon Hanford Cleanup Board; coordination with
469.575 Duties
of chairperson of Oregon Hanford Cleanup Board
469.576 Review
of
469.577 Lead
agency; agreements with federal agencies related to long-term disposal of
high-level radioactive waste
469.578 Oregon
Hanford Cleanup Board to implement agreements with federal agencies
469.579 Authority
to accept moneys; disbursement of funds; rules
469.581 Advisory
and technical committees
469.582 Cooperation
with Oregon Hanford Cleanup Board; technical assistance from other state
agencies
469.583 Rules
(Federal Site Selection)
469.584 Findings
469.585 Activities
of state related to selection of high-level radioactive waste disposal site
(
469.586 Findings
469.587 Position
of State of
(Siting of Nuclear-Fueled Thermal Power
Plants)
469.590 Definitions
for ORS 469.590 to 469.595
469.593 Findings
469.594 Storage
of high-level radioactive waste after expiration of license prohibited;
continuing responsibility for storage; implementation agreements
469.595 Condition
to site certificate for nuclear-fueled thermal power plant
469.597 Election
procedure; elector approval required
469.599 Public
Utility Commission’s duty
469.601 Effect
of ORS 469.595 on applications and applicants
(Transportation of Radioactive Material)
469.603 Intent
to regulate transportation of radioactive material
469.605 Permit
to transport required; application; delegation of authority to issue permits;
fees; rules
469.606 Determination
of best and safest route
469.607 Authority
of council; rules
469.609 Annual
report to state agencies and local governments on shipment of radioactive
wastes
469.611 Emergency
preparedness and response program; radiation emergency response team; training
469.613 Records;
inspection; rules
469.615 Indemnity
for claims against state insurance coverage certification; reimbursement for
costs incurred in nuclear incident
469.617 Report
to legislature; content
469.619 State
Department of Energy to make federal regulations available
RESIDENTIAL ENERGY CONSERVATION ACT
(Investor-Owned Utilities)
469.631 Definitions
for ORS 469.631 to 469.645
469.633 Investor-owned
utility program
469.634 Contributions
for urban and community forest activities by customers of investor-owned
utilities; rules; uses
469.635 Alternative
program of investor-owned utilities
469.636 Additional
financing program by investor-owned utility for rental dwelling
469.637 Energy
conservation part of utility service of investor-owned utility
469.639 Billing
for energy conservation measures
469.641 Conditions
for cash payments to dwelling owner by investor-owned utility
469.643 Formula
for customer charges; rules
469.645 Implementation
of program by investor-owned utility
(Publicly Owned Utilities)
469.649 Definitions
for ORS 469.649 to 469.659
469.651 Publicly
owned utility program
469.652 Contributions
for urban and community forest activities by customers of publicly owned
utilities; rules; uses
469.653 Alternative
program of publicly owned utility
469.655 Energy
conservation as part of utility service of publicly owned utility
469.657 Conditions
for cash payments to dwelling owner by publicly owned utility
469.659 Implementation
of program by publicly owned utility
(Oil Dealers)
469.673 Definitions
for ORS 469.673 to 469.683
469.675 Oil
dealer program
469.677 Contracts
for information, assistance and technical advice; standards for energy audits
469.679 Implementation
by fuel dealer
469.681 Petroleum
supplier assessment; computation; effect of failure to pay; interest
469.683 Oil-Heated
Dwellings Energy Audit Account
(Miscellaneous)
469.685 Use
of earlier energy audit
469.687 Title
for ORS 469.631 to 469.687
ENERGY CONSERVATION PROGRAMS
(Single Family Residence)
469.700 Energy
efficiency ratings; public information; “single family residence” defined
(Low Interest Loans)
469.710 Definitions
for ORS 469.710 to 469.720
469.715 Low
interest loans for cost-effective energy conservation; rate
469.717 When
installation to be completed
469.719 Eligibility
of lender for tax credit not affected by owner’s failure
469.720 Energy
audit required; permission to inspect required; owner not to receive other
incentives
(Public Buildings)
469.730 Declaration
of purpose
469.735 Definitions
for ORS 469.730 to 469.745
469.740 Rules
establishing energy conservation standards for public buildings; bases
469.745 Voluntary
compliance program
469.750 State
purchase of alternative fuels
(State Agency Projects)
469.752 Definitions
for ORS 469.752 to 469.756
469.754 Authority
of state agencies to establish projects; use of savings; rules
469.756 Rules;
technical assistance; evaluations
BIOFUELS AND BIOMASS
469.785 Fuel
blends and solid biofuels; qualification for tax credits; rules
469.790 Biomass;
eligibility for tax credits
PACIFIC NORTHWEST ELECTRIC POWER AND CONSERVATION PLANNING COUNCIL
469.802 Definition
for ORS 469.802 to 469.845
469.803
469.805 State
members of council; confirmation; qualifications
469.810 Conflicts
of interest prohibited
469.815 Status
of members; duties; attendance at public meetings; technical assistance
469.820 Term;
reappointment; vacancy
469.825 Prohibited
activities of members
469.830 Removal
of members; grounds; procedure
469.835 Salary
of members; staff
469.840 Northwest
Regional Power and Conservation Account; uses
469.845 Annual
report to Governor and legislature
COMMERCIAL ENERGY CONSERVATION SERVICES
PROGRAM
469.860 Definitions
for ORS 469.860 to 469.900
469.863 Gas
utility to adopt commercial energy audit program; rules
469.865 Electric
utility to adopt commercial energy conservation services program
469.870 Application
of ORS 469.865, 469.870 and 469.900 (1) to electric utility
469.875 Fee
for gas utility audit
469.878 Alternative
fuels program
469.880 Energy
audit program; rules
469.885 Publicly
owned utility to adopt commercial energy audit program; fee
469.890 Publicly
owned utility to adopt commercial energy conservation program; fees; rules
469.895 Application
of ORS 469.890 to 469.900 to publicly owned utility
469.900 Duty
of commission to avoid conflict with federal requirements
NORTHWEST INTERSTATE COMPACT ON LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT
469.930 Northwest
Interstate Compact on Low-Level Radioactive Waste Management
POWER COSTS AND RATES
469.950 Authority
to enter into interstate cooperative agreements to control power costs and
rates; Bonneville Power Administration
PENALTIES
469.990 Penalties
469.992 Civil
penalties
469.994 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, people’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, people’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 people’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 director’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 director’s name and by the
director’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 position’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 department’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 state’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 taxpayer’s tax return for the year the alternative energy
device is placed in service or the immediately succeeding tax year. A copy of
the contractor’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 contractor’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 Revenue’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 applicant’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 applicant’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
-.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 Agency’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 - 50 10.5
51 - 66 11.0
67 - 85 12.5
86 - 115 14.0
116 - 155 14.5
156 - 205 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 ˝ 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
Agency’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 - 50 10.5
51 - 66 11.0
67 - 85 12.5
86 - 115 14.0
116 - 155 14.5
156 - 205 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 ˝ 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 manufacturer’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 pe