Chapter 469 — Energy; Conservation Programs; Energy Facilities

 

2013 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

 

ENERGY EFFICIENCY STANDARDS

 

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     Sale of products not meeting standards prohibited; exemptions

 

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

 

469.424     Energy resource suppliers; notice regarding comments in proceedings; rules

 

469.426     Advisory group; energy resource suppliers

 

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; rules

 

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

 

(Oregon Hanford Cleanup Board)

 

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 Oregon Hanford Cleanup Board

 

469.574     Duties of Oregon Hanford Cleanup Board; coordination with Washington

 

469.575     Duties of chairperson of Oregon Hanford Cleanup Board

 

469.576     Review of Hanford as site selected for long-term disposal of high-level radioactive waste

 

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

 

(Hanford Nuclear Reservation)

 

469.586     Findings

 

469.587     Position of State of Oregon related to operation of Hanford Nuclear Reservation

 

(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

 

(Home Energy Performance Score System)

 

469.703     Home energy performance score system; home energy assessors; reports; database; rules

 

(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

 

PACIFIC NORTHWEST ELECTRIC POWER AND CONSERVATION PLANNING COUNCIL

 

469.802     Definition for ORS 469.802 to 469.845

 

469.803     Oregon participation in Pacific Northwest Electric Power and Conservation Planning Council

 

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

 

469.880     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

 

ALTERNATIVE FUEL VEHICLES

 

469.960     Definitions

 

469.961     Alternative Fuel Vehicle Revolving Fund; sources; uses

 

469.962     Alternative Fuel Vehicle Revolving Fund; uses; loan program

 

469.963     Administration of Alternative Fuel Vehicle Revolving Fund; rules

 

469.964     Loan application; rules

 

469.965     Public bodies and tribes; ability to borrow from Alternative Fuel Vehicle Revolving Fund

 

469.966     Loan terms; interest rates; rules

 

PENALTIES

 

469.990     Penalties

 

469.992     Civil penalties

 

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 Oregon to promote the efficient use of energy resources and to develop permanently sustainable energy resources. The need exists for comprehensive state leadership in energy production, distribution and utilization. It is, therefore, the policy of Oregon:

      (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 469.155, 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 469.155, 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 Oregon and the results thereof;

      (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;

      (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; and

      (L) Advise the Governor on energy-related matters. [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; 2013 c.656 §7]

 

      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 Oregon.

      (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 Hanford nuclear safety program;

      (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 Oregon.

      (b) An estimation of the potential contribution that various energy resources could make in satisfying Oregon’s future energy needs 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.

      (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 Oregon.

      (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 Oregon. The forecast shall include, but not be limited to, an estimate of:

      (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 Oregon.

      (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 Oregon, and from political subdivisions in this state, as necessary to carry out ORS 176.820, 192.501 to 192.505, 192.690, 469.010 to 469.155, 469.300 to 469.563, 469.990, 469.992, 757.710 and 757.720. Such information may include, but not be limited to:

      (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 469.155, 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) At the direction of the Director of the State Department of Energy, the State Department of Energy may represent the state’s energy-related interests in 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, and may, upon request, represent the interest of a county, city, state agency, federally recognized Native American or American Indian tribe, special district or owner or operator of an energy facility.

      (2) At the direction of the director, 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; 2013 c.656 §4]

 

      469.120 State Department of Energy Account; appropriation; record of moneys. (1) The State Department of Energy Account is established.

      (2) The account shall consist of all funds received by the State Department of Energy pursuant to law. All moneys in the account are continuously appropriated to the State Department of Energy for payment of expenses of the department and of the Energy Facility Siting Council.

      (3) Moneys collected under ORS 469.421 (8) may be expended only for the purposes of programs and activities that the council and the department are charged with administering and authorized to conduct under the laws of this state, including those enumerated in ORS 469.030.

      (4) The Director of the State Department of Energy shall keep a record of all moneys deposited in the account. The record shall indicate by special cumulative accounts the source from which moneys are derived and the individual activity or program, including any activities described in ORS 469.424, against which each withdrawal is charged. On or after October 1 of each year, the director shall make available, upon request, the record for the prior fiscal year to any energy resource supplier that has paid the assessment imposed under ORS 469.421 (8). The director shall make the record available within 30 days of receiving the request. [1975 c.606 §13; 1995 c.551 §5; 2003 c.186 §7; 2013 c.656 §8]

 

      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]

 

      469.160 [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; 2011 c.730 §70; renumbered 469B.100 in 2011]

 

      469.165 [1977 c.196 §3; 1989 c.880 §2; 1997 c.534 §5; 2005 c.832 §7; 2007 c.843 §30; 2011 c.730 §70a; renumbered 469B.103 in 2011]

 

      469.170 [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; 2011 c.730 §71; renumbered 469B.106 in 2011]

 

      469.171 [1999 c.765 §2; renumbered 469B.109 in 2011]

 

      469.172 [1989 c.880 §7; 1995 c.746 §20a; 1999 c.510 §2; 2001 c.584 §7; 2005 c.832 §9; 2007 c.843 §32; 2011 c.730 § 72; renumbered 469B.112 in 2011]

 

      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 [1989 c.880 §5 (enacted in lieu of 469.175); 1997 c.534 §7; 2005 c.832 §10; 2007 c.843 §33; renumbered 469B.115 in 2011]

 

      469.180 [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; renumbered 469B.118 in 2011]

 

      469.185 [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; 2010 c.76 §4; 2011 c.474 §25; renumbered 469B.130 in 2011]

 

      469.190 [1979 c.512 §2; renumbered 469B.133 in 2011]

 

      469.195 [1979 c.512 §4; 1985 c.745 §2; 2010 c.76 §6; renumbered 469B.136 in 2011]

 

      469.197 [2007 c.843 §22; 2008 c.29 §1; 2010 c.76 §7; 2011 c.474 §26; renumbered 469B.139 in 2011]

 

      469.200 [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; 2008 c.29 §2; 2010 c.76 §§8,9,9a; 2011 c. 474 §§27,28,29; renumbered 469B.142 in 2011]

 

      469.205 [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; 2008 c.29 §3; 2010 c.76 §10; 2011 c.474 §30; renumbered 469B.145 in 2011]

 

      469.206 [1997 c.534 §9; 2001 c.583 §6; 2007 c.843 §19; 2009 c.288 §4; renumbered 469B.148 in 2011]

 

      469.207 [1985 c.745 §9; 1993 c.684 §4; 1995 c.746 §16a; 2001 c.583 §7; renumbered 469B.151 in 2011]

 

      469.208 [1993 c.684 §6; renumbered 469B.154 in 2011]

 

      469.210 [1979 c.512 §7; 1995 c.746 §17; 1997 c.656 §8; 1999 c.365 §3; 2001 c.583 §7a; 2003 c.186 §25; 2010 c.76 §11; renumbered 469B.157 in 2011]

 

      469.215 [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; 2008 c.29 §4; 2010 c.76 §12; renumbered 469B.161 in 2011]

 

      469.217 [1985 c.745 §8; renumbered 469B.164 in 2011]

 

      469.220 [1979 c.512 §9; 2010 c.76 §13; 2011 c.693 §3; renumbered 469B.167 in 2011]

 

      469.225 [1979 c.512 §10; 2003 c.186 §27; 2008 c.29 §5; 2010 c.76 §14; 2011 c.474 §31; renumbered 469B.169 in 2011]

 

      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

 

      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) “À la carte charger” means a battery charger that is individually packaged without batteries, including a multiport charger or a charger with multivoltage capability.

      (2) “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.

      (3) “Ballast” means a device used with an electric discharge lamp to obtain necessary circuit conditions for starting and operating the lamp.

      (4) “Battery” or “battery pack” means an assembly of one or more rechargeable cells intended to provide electrical energy to a product, in one of the following forms:

      (a) A detachable battery that is contained in an enclosure separate from the product and that is intended to be removed or disconnected from the product for charging; or

      (b) An integral battery that is contained within the product and is not removed from the product for charging.

      (5) “Battery analyzer” means a device:

      (a) Used to analyze and report a battery’s performance and overall condition;

      (b) Capable of being programmed and performing service functions to restore capability in deficient batteries; and

      (c) Not intended or marketed to be used on a daily basis for the purpose of charging batteries.

      (6) “Battery backup” or “uninterruptible power supply charger (UPS)” means a small battery charger system that is voltage and frequency dependent (VFD) and designed to provide power to an end-use product in the event of a power outage, including a UPS as defined in International Electrotechnical Commission (IEC) publication 62040-3 (March 2011 edition), where the output of the VFD UPS is dependent on changes in AC input voltage and frequency and is not intended to provide additional corrective functions, such as those relating to the use of tapped transformers.

      (7)(a) “Battery charger system” means a battery charger coupled with its batteries, including:

      (A) Electronic devices with a battery that are normally charged from AC line voltage or DC input voltage through an internal or external power supply and a dedicated battery charger;

      (B) The battery and battery charger components of devices that are designed to run on battery power during part or all of their operations;

      (C) Dedicated battery systems primarily designed for electrical or emergency backup; and

      (D) Devices whose primary function is to charge batteries, along with the batteries the devices are designed to charge, including chargers for power tool batteries and chargers for automotive, AA, AAA, C, D, or nine-volt rechargeable batteries and chargers for batteries used in larger industrial motive equipment and à la carte chargers.

      (b) “Battery charger system” does not mean a battery charger:

      (A) Used to charge a motor vehicle that is powered by an electric motor drawing current from rechargeable storage batteries, fuel cells or other portable sources of electrical current, including a nonelectrical source of power designed to charge batteries and components thereof, except for battery chargers for forklifts, electric personal assistive mobility devices or low-speed vehicles;

      (B) That is classified as a Class II or Class III device for human use under the Federal Food, Drug, and Cosmetic Act, as in effect on January 1, 2014, and that requires listing and approval as a medical device;

      (C) Used to charge a battery or batteries in an illuminated exit sign, including those products that are a combination illuminated exit sign and emergency egress lighting;

      (D) With input that is three phases of line-to-line 300 volts root mean square or more and is designed for a stationary power application;

      (E) That is a battery analyzer; or

      (F) That is a voltage independent or voltage and frequency independent uninterruptible power supply as defined in International Electrotechnical Commission (IEC) publication 62040-3 (March 2011 edition).

      (c) The charging circuitry of battery charger systems may or may not be located within the housing of the end-use device. In many cases, the battery may be charged with a dedicated external charger and power supply combination that is separate from the device that runs on power from the battery.

      (8) “Battery maintenance mode” means the mode of operation when the battery charger system is connected to the main electricity supply and the battery is fully charged and connected to the charger.

      (9) “Bottle-type water dispenser” means a water dispenser that uses a bottle or reservoir as the source of potable water.

      (10) “Charge return factor” means the number of ampere-hours returned to the battery during the charge cycle divided by the number of ampere-hours delivered by the battery during discharge.

      (11) “Combination television” means a system in which a television or television monitor and an additional device or devices, including a video cassette recorder, are combined into a single unit in which the additional device or devices are included in the television casing.

      (12) “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.

      (13)(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.

      (14) “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.

      (15) “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.

      (16)(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.

      (17) “Compensation” means money or any other valuable thing, regardless of form, received or to be received by a person for services rendered.

      (18) “Component television” means a television composed of two or more separate components, including separate display device and tuner, marketed as a television under one model or system designation and having one or more power cords.

      (19) “Computer monitor” means an analog or digital device that is designed primarily for the display of computer-generated signals and that is not marketed for use as a television.

      (20) “Digital versatile disc” or “DVD” means a laser-encoded plastic medium capable of storing a large amount of digital audio, video and computer data.

      (21)(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.

      (22) “Electronic programming guide” means an application that provides an interactive, on-screen menu of television listings that downloads program information from the vertical blanking interval of a regular television signal.

      (23) “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.

      (24) “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.

      (25) “Inductive charger system” means a small battery charger system that transfers power to the charger through magnetic or electric induction.

      (26)(a) “Large battery charger system” means a battery charger system with a rated input power of more than two kilowatts.

      (b) “Large battery charger system” does not mean a battery charger system for golf carts.

      (27) “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.

      (28) “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.

      (29) “Multiport charger” means a battery charger that is capable of simultaneously charging two or more batteries and that may have multivoltage capability, allowing two or more batteries of different voltages to charge simultaneously.

      (30) “No battery mode” means the mode of operation in which a battery charger is connected to the main electricity supply and the battery is not connected to the charger.

      (31) “Pass-through cabinet” means a commercial refrigerator or freezer with hinged or sliding doors on both the front and rear of the unit.

      (32) “Portable electric spa” means a factory-built electric spa or hot tub supplied with equipment for heating and circulating water.

      (33) “Power conversion efficiency” means the instantaneous DC output power of the battery charger system divided by the simultaneous utility AC input power.

      (34) “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.

      (35) “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.

      (36) “Roll-in cabinet” means a commercial refrigerator or freezer with hinged or sliding doors that allow wheeled racks to be rolled into the unit.

      (37) “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.

      (38) “Selected input mode” means the input port selected that the television uses as a source to produce a visible or audible output and that is required for televisions with multiple possible inputs, including coaxial, composite, S-Video, HDMI and component connectors.

      (39)(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.

      (40) “Small battery charger system” means:

      (a) A battery charger system with a rated input power of two kilowatts or less.

      (b) A golf cart battery charger system, regardless of input power or battery capacity.

      (41) “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.

      (42)(a) “Television” means an analog or digital device, including a combination television, a television monitor, a component television and any unit marketed as a television, designed for the display and reception of a terrestrial, satellite, cable or Internet protocol or other broadcast or recorded transmission of analog or digital video or audio signals.

      (b) “Television” does not mean a computer monitor.

      (43) “Television monitor” means a television that does not have an internal tuner, receiver or playback device.

      (44) “Television standby-passive mode” means the mode of operation in which the television is connected to a power source, produces neither sound nor picture but can be switched into another mode with the remote control unit or via an internal signal.

      (45) “Torchiere” means a portable electric lighting fixture with a reflective bowl that directs light upward so as to produce indirect illumination.

      (46) “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.

      (47) “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.

      (48) “USB charger system” means a small battery charger system that uses a universal serial bus (USB) connector as the only power source to charge the battery, and is packaged with an external power supply rated with a voltage output of five volts and a power output of 15 watts or less.

      (49) “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.

      (50) “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; 2013 c.418 §1]

 

      Note: The amendments to 469.229 by section 2, chapter 418, Oregon Laws 2013, become operative January 1, 2016. See section 10, chapter 418, Oregon Laws 2013. The text that is operative on and after January 1, 2016, is set forth for the user’s convenience.

      469.229. As used in ORS 469.229 to 469.261, unless the context clearly requires otherwise:

      (1) “À la carte charger” means a battery charger that is individually packaged without batteries, including a multiport charger or a charger with multivoltage capability.

      (2) “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.

      (3) “Ballast” means a device used with an electric discharge lamp to obtain necessary circuit conditions for starting and operating the lamp.

      (4) “Battery” or “battery pack” means an assembly of one or more rechargeable cells intended to provide electrical energy to a product, in one of the following forms:

      (a) A detachable battery that is contained in an enclosure separate from the product and that is intended to be removed or disconnected from the product for charging; or

      (b) An integral battery that is contained within the product and is not removed from the product for charging.

      (5) “Battery analyzer” means a device:

      (a) Used to analyze and report a battery’s performance and overall condition;

      (b) Capable of being programmed and performing service functions to restore capability in deficient batteries; and

      (c) Not intended or marketed to be used on a daily basis for the purpose of charging batteries.

      (6) “Battery backup” or “uninterruptible power supply charger (UPS)” means a small battery charger system that is voltage and frequency dependent (VFD) and designed to provide power to an end-use product in the event of a power outage, including a UPS as defined in International Electrotechnical Commission (IEC) publication 62040-3 (March 2011 edition), where the output of the VFD UPS is dependent on changes in AC input voltage and frequency and is not intended to provide additional corrective functions, such as those relating to the use of tapped transformers.

      (7)(a) “Battery charger system” means a battery charger coupled with its batteries, including:

      (A) Electronic devices with a battery that are normally charged from AC line voltage or DC input voltage through an internal or external power supply and a dedicated battery charger;

      (B) The battery and battery charger components of devices that are designed to run on battery power during part or all of their operations;

      (C) Dedicated battery systems primarily designed for electrical or emergency backup; and

      (D) Devices whose primary function is to charge batteries, along with the batteries the devices are designed to charge, including chargers for power tool batteries and chargers for automotive, AA, AAA, C, D, or nine-volt rechargeable batteries and chargers for batteries used in larger industrial motive equipment and à la carte chargers.

      (b) “Battery charger system” does not mean a battery charger:

      (A) Used to charge a motor vehicle that is powered by an electric motor drawing current from rechargeable storage batteries, fuel cells or other portable sources of electrical current, including a nonelectrical source of power designed to charge batteries and components thereof, except for battery chargers for forklifts, electric personal assistive mobility devices or low-speed vehicles;

      (B) That is classified as a Class II or Class III device for human use under the Federal Food, Drug, and Cosmetic Act, as in effect on January 1, 2014, and that requires listing and approval as a medical device;

      (C) Used to charge a battery or batteries in an illuminated exit sign, including those products that are a combination illuminated exit sign and emergency egress lighting;

      (D) With input that is three phases of line-to-line 300 volts root mean square or more and is designed for a stationary power application;

      (E) That is a battery analyzer; or

      (F) That is a voltage independent or voltage and frequency independent uninterruptible power supply as defined in International Electrotechnical Commission (IEC) publication 62040-3 (March 2011 edition).

      (c) The charging circuitry of battery charger systems may or may not be located within the housing of the end-use device. In many cases, the battery may be charged with a dedicated external charger and power supply combination that is separate from the device that runs on power from the battery.

      (8) “Battery maintenance mode” means the mode of operation when the battery charger system is connected to the main electricity supply and the battery is fully charged and connected to the charger.

      (9) “Bottle-type water dispenser” means a water dispenser that uses a bottle or reservoir as the source of potable water.

      (10) “Charge return factor” means the number of ampere-hours returned to the battery during the charge cycle divided by the number of ampere-hours delivered by the battery during discharge.

      (11) “Combination television” means a system in which a television or television monitor and an additional device or devices, including a video cassette recorder, are combined into a single unit in which the additional device or devices are included in the television casing.

      (12) “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.

      (13)(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.

      (14) “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.

      (15) “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.

      (16)(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.

      (17) “Compensation” means money or any other valuable thing, regardless of form, received or to be received by a person for services rendered.

      (18) “Component television” means a television composed of two or more separate components, including separate display device and tuner, marketed as a television under one model or system designation and having one or more power cords.

      (19) “Computer monitor” means an analog or digital device that is designed primarily for the display of computer-generated signals and that is not marketed for use as a television.

      (20) “Digital versatile disc” or “DVD” means a laser-encoded plastic medium capable of storing a large amount of digital audio, video and computer data.

      (21)(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.

      (22) “Electronic programming guide” means an application that provides an interactive, on-screen menu of television listings that downloads program information from the vertical blanking interval of a regular television signal.

      (23) “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.

      (24)(a) “High light output double-ended quartz halogen lamp” means a lamp that:

      (A) Is designed for general outdoor lighting purposes;

      (B) Contains a tungsten filament;

      (C) Has a rated initial lumen value of greater than 6,000 and less than 40,000 lumens;

      (D) Has at each end a recessed single contact, R7s base;

      (E) Has a maximum overall length between four and 11 inches;

      (F) Has a nominal diameter less than three-fourths inch (T6); and

      (G) Is designed to be operated at a voltage between 110 volts and 200 volts or is designed to be operated at a voltage between 235 volts and 300 volts.

      (b) “High light output double-ended quartz halogen lamp” does not mean a lamp that is:

      (A) A tubular quartz infrared heat lamp; or

      (B) Marked and marketed as a stage and studio lamp with a rated life of 500 hours or less.

      (25) “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.

      (26) “Inductive charger system” means a small battery charger system that transfers power to the charger through magnetic or electric induction.

      (27)(a) “Large battery charger system” means a battery charger system with a rated input power of more than two kilowatts.

      (b) “Large battery charger system” does not mean a battery charger system for golf carts.

      (28) “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.

      (29) “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.

      (30) “Multiport charger” means a battery charger that is capable of simultaneously charging two or more batteries and that may have multivoltage capability, allowing two or more batteries of different voltages to charge simultaneously.

      (31) “No battery mode” means the mode of operation in which a battery charger is connected to the main electricity supply and the battery is not connected to the charger.

      (32) “Pass-through cabinet” means a commercial refrigerator or freezer with hinged or sliding doors on both the front and rear of the unit.

      (33) “Portable electric spa” means a factory-built electric spa or hot tub supplied with equipment for heating and circulating water.

      (34) “Power conversion efficiency” means the instantaneous DC output power of the battery charger system divided by the simultaneous utility AC input power.

      (35) “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.

      (36) “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.

      (37) “Roll-in cabinet” means a commercial refrigerator or freezer with hinged or sliding doors that allow wheeled racks to be rolled into the unit.

      (38) “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.

      (39) “Selected input mode” means the input port selected that the television uses as a source to produce a visible or audible output and that is required for televisions with multiple possible inputs, including coaxial, composite, S-Video, HDMI and component connectors.

      (40)(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.

      (41) “Small battery charger system” means:

      (a) A battery charger system with a rated input power of two kilowatts or less.

      (b) A golf cart battery charger system, regardless of input power or battery capacity.

      (42) “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.

      (43)(a) “Television” means an analog or digital device, including a combination television, a television monitor, a component television and any unit marketed as a television, designed for the display and reception of a terrestrial, satellite, cable or Internet protocol or other broadcast or recorded transmission of analog or digital video or audio signals.

      (b) “Television” does not mean a computer monitor.

      (44) “Television monitor” means a television that does not have an internal tuner, receiver or playback device.

      (45) “Television standby-passive mode” means the mode of operation in which the television is connected to a power source, produces neither sound nor picture but can be switched into another mode with the remote control unit or via an internal signal.

      (46) “Torchiere” means a portable electric lighting fixture with a reflective bowl that directs light upward so as to produce indirect illumination.

      (47) “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.

      (48) “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.

      (49) “USB charger system” means a small battery charger system that uses a universal serial bus (USB) connector as the only power source to charge the battery, and is packaged with an external power supply rated with a voltage output of five volts and a power output of 15 watts or less.

      (50) “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.

      (51) “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.

 

      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]

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      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:

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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.

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      (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:

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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                       0.126V + 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)

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      (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:

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Product or compartment type                        Integrated average product temperature

                                                                        in degrees Fahrenheit

 

Refrigerator                                                    38 ± 2

Freezer                                                            0 ± 2

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      (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:

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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 Watts

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      (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:

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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

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      (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:

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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

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      (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(V3) 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.

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Motor Type                                         Required Components

 

All                                                       Interior lights: light sources with an efficacy of 45 lumens per watt or more, including ballast losses (if any)

 

All                                                       Automatic door closers that firmly close all reach-in doors

 

All                                                       Automatic door closers that firmly close all walk-in doors no wider than 3.9 feet and no higher than 6.9 feet that have been closed to within one inch of full closure

 

All                                                       Wall, ceiling and door insulation at least R-28 for refrigerators and at least R-34 for freezers

 

All                                                       Floor insulation at least R-28 for freezers (no requirement for refrigerators)

 

Condenser fan motors of                    (i) Electronically commutated motors,

under one horsepower                        (ii) Permanent split capacitor-type motors, or

                                                            (iii) Polyphase motors of ½ horsepower or more

 

Single-phase evaporator                     Electronically commutated motors

fan motors of under one

horsepower and less

than 460 volts

______________________________________________________________________________

 

      (b) In addition to the requirements in paragraph (a) of this subsection, walk-in refrigerators and walk-in freezers with transparent reach-in doors shall meet the following requirements:

      (A) Transparent reach-in doors shall be of triple pane glass with either heat-reflective treated glass or gas fill;

      (B) If the appliance has an anti-sweat heater without anti-sweat controls, the appliance shall have a total door rail, glass and frame heater power draw of no more than 40 watts if it is a freezer or 17 watts if it is a refrigerator per foot of door frame width; and

      (C) If the appliance has an anti-sweat heater with anti-sweat heat controls, and the total door rail, glass, and frame heater power draw is 40 watts or greater per foot of door frame width if it is a freezer or 17 watts or greater per foot of door frame width if it is a refrigerator, the anti-sweat heat controls shall reduce the energy use of the anti-sweat heater in an amount corresponding to the relative humidity in the air outside the door or to the condensation on the inner glass pane.

      (18) A television must automatically enter television standby-passive mode after a maximum of 15 minutes without video or audio input on the selected input mode. A television must enter television standby-passive mode when turned off with the remote control unit or via an internal signal. The peak luminance of a television in home mode, or in the default mode as shipped, may not be less than 65 percent of the peak luminance of the retail mode or the brightest selectable preset mode of the television. A television must meet the standards in the following table:

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                                          Television Standby-   Maximum On Mode         Minimum

Viewable                           passive Mode              Power Usage (P in            Power

Screen                               Power Usage               Watts, A is Viewable       Factor for

Area                                  (Watts)                        Screen area)                      (P ≥100W)

 

<1400 sq. in                      1 W                             P ≤0.12 x A + 25               0.9

≥1400 sq. in                      3 W                             NA                                    NA

______________________________________________________________________________

 

      (19)(a) Large battery charger systems must meet the minimum efficiencies in the following table:

______________________________________________________________________________

Standards for Large Battery Charger Systems

 

Performance                                                   Standard

Parameter

 

Charge Return

Factor                          100 percent                 Crf ≤ 1.10

                                    Depth of Discharge

 

                                    80 percent                   Crf ≤ 1.10

                                    Depth of Discharge

 

                                    40 percent                   Crf ≤ 1.15

                                    Depth of Discharge

 

Power Conversion

Efficiency                                                       ≥ 89 percent

 

Power Factor                                                  ≥ 0.90

 

Battery

Maintenance

Mode Power

(Eb = battery

capacity of                                                      ≤ 10

+0.0012Eb W

tested battery)

 

No Battery

Mode Power                                                   ≤ 10 W

______________________________________________________________________________

 

      (b)(A) As described in subparagraph (B) of this paragraph, inductive charger systems and small battery charger systems must meet the minimum energy efficiency standards in the following table:

______________________________________________________________________________

Standards for Inductive and Small Battery Charger Systems

 

Performance                                                   Standard

Parameter

 

Maximum 24-hour                                         For Eb of 2.5 Wh or less: 16 x N

charge and

maintenance                                                   For Eb >2.5 Wh and

energy (Wh)                                                   ≤ 100 Wh: 12 x N+1.6Eb

(Eb = capacity

of all batteries in                                            For Eb >100 Wh and

ports and N =                                                  ≤ 1000 Wh: 22 x N+1.5Eb

number of charger

ports)                                                              For Eb > 1000 Wh:

                                                                        36.4 x N + 1.486Eb

 

 

Battery Maintenance                                      The sum of battery maintenance mode power and

Mode Power and No                                       no battery mode power must be less than or equal

Battery Mode Power (W)                               to: 1 x N+0.0021xEb

Power Factor (Eb = capacity

of all batteries in ports and

N = number of charger ports)

______________________________________________________________________________

 

      (B) The requirements in subparagraph (A) of this paragraph must be met by:

      (i) Small battery charger systems for sale at retail that are not USB charger systems with a battery capacity of 20 watt-hours or more and that are manufactured on or after January 1, 2014.

      (ii) Small battery charger systems for sale at retail that are USB charger systems with a battery capacity of 20 watt-hours or more and that are manufactured on or after January 1, 2014.

      (iii) Small battery charger systems that are not sold at retail and that are manufactured on or after January 1, 2017.

      (iv) Inductive charger systems manufactured on or after January 1, 2014, unless the inductive charger system uses less than one watt in battery maintenance mode, less than one watt in no battery mode and an average of one watt or less over the duration of the charge and battery maintenance mode test.

      (v) Battery backups and uninterruptible power supplies, manufactured on or after January 1, 2014, for small battery charger systems for sale at retail, which may not consume more than 0.8 (0.0021xEb) watts in battery maintenance mode, where (Eb) is the battery capacity in watt-hours.

      (vi) Small battery charger systems not sold at retail, manufactured after January 1, 2017, which may not consume more than 0.8 (0.0021xEb) watts in battery maintenance mode, where (Eb) is the battery capacity in watt-hours.

      (C) The requirements in subparagraph (A) of this paragraph do not need to be met by an à la carte charger that is:

      (i) Provided separately from and subsequent to the sale of a small battery charger system described in this paragraph;

      (ii) Necessary as a replacement for, or as a replacement component of, a small battery charger system; and

      (iii) Provided by a manufacturer directly to a consumer or to a service or repair facility. [2005 c.437 §5; 2007 c.375 §§2,3; 2007 c.649 §2; 2013 c.418 §3]

 

______________________________________________________________________________

 

      Note: The amendments to 469.233 by section 4, chapter 418, Oregon Laws 2013, become operative January 1, 2016. See section 10, chapter 418, Oregon Laws 2013. The text that is operative on and after January 1, 2016, is set forth for the user’s convenience.

      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           0.126V + 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 Watts

______________________________________________________________________________

      (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(V3) Watts where V=the total volume in gallons, as measured in accordance with the test method for portable electric spas contained in the California Code of Regulations, Title 20, Division 2, Chapter 4, section 1604.

      (17)(a) Walk-in refrigerators and walk-in freezers with the applicable motor types shown in the table below shall include the required components shown.

______________________________________________________________________________

 

Motor Type                                         Required Components

 

All                                                       Interior lights: light sources with an efficacy of 45 lumens per watt or more, including ballast losses (if any)

 

All                                                       Automatic door closers that firmly close all reach-in doors

 

All                                                       Automatic door closers that firmly close all walk-in doors no wider than 3.9 feet and no higher than 6.9 feet that have been closed to within one inch of full closure

 

All                                                       Wall, ceiling and door insulation at least R-28 for refrigerators and at least R-34 for freezers

 

All                                                       Floor insulation at least R-28 for freezers (no requirement for refrigerators)

 

Condenser fan motors of                    (i) Electronically commutated motors,

under one horsepower                        (ii) Permanent split capacitor-type motors, or

                                                            (iii) Polyphase motors of ½ horsepower or more

 

Single-phase evaporator                     Electronically commutated motors

fan motors of under one

horsepower and less

than 460 volts

______________________________________________________________________________

 

      (b) In addition to the requirements in paragraph (a) of this subsection, walk-in refrigerators and walk-in freezers with transparent reach-in doors shall meet the following requirements:

      (A) Transparent reach-in doors shall be of triple pane glass with either heat-reflective treated glass or gas fill;

      (B) If the appliance has an anti-sweat heater without anti-sweat controls, the appliance shall have a total door rail, glass and frame heater power draw of no more than 40 watts if it is a freezer or 17 watts if it is a refrigerator per foot of door frame width; and

      (C) If the appliance has an anti-sweat heater with anti-sweat heat controls, and the total door rail, glass, and frame heater power draw is 40 watts or greater per foot of door frame width if it is a freezer or 17 watts or greater per foot of door frame width if it is a refrigerator, the anti-sweat heat controls shall reduce the energy use of the anti-sweat heater in an amount corresponding to the relative humidity in the air outside the door or to the condensation on the inner glass pane.

      (18) A television must automatically enter television standby-passive mode after a maximum of 15 minutes without video or audio input on the selected input mode. A television must enter television standby-passive mode when turned off with the remote control unit or via an internal signal. The peak luminance of a television in home mode, or in the default mode as shipped, may not be less than 65 percent of the peak luminance of the retail mode or the brightest selectable preset mode of the television. A television must meet the standards in the following table:

______________________________________________________________________________

 

                                          Television Standby-   Maximum On Mode         Minimum

Viewable                           passive Mode              Power Usage (P in            Power

Screen                               Power Usage               Watts, A is Viewable       Factor for

Area                                  (Watts)                        Screen area)                      (P ≥100W)

 

<1400 sq. in                      1 W                             P ≤0.12 x A + 25               0.9

≥1400 sq. in                      3 W                             NA                                    NA

______________________________________________________________________________

 

      (19)(a) Large battery charger systems must meet the minimum efficiencies in the following table:

______________________________________________________________________________

Standards for Large Battery Charger Systems

 

Performance                                                               Standard

Parameter

 

Charge Return

Factor                          100 percent                 Crf ≤ 1.10

                                    Depth of Discharge

 

                                    80 percent                   Crf ≤ 1.10

                                    Depth of Discharge

 

                                    40 percent                   Crf ≤1.15

                                    Depth of Discharge

 

Power Conversion

Efficiency                                                                   ≥ 89 percent

 

Power Factor                                                              ≥ 0.90

 

Battery Maintenance

Mode Power                                                               ≤ 10 +0.0012Eb W

(Eb = battery

capacity of

tested battery)

 

No Battery

Mode Power                                                               ≤ 10 W

______________________________________________________________________________

 

      (b)(A) As described in subparagraph (B) of this paragraph, inductive charger systems and small battery charger systems must meet the minimum energy efficiency standards in the following table:

______________________________________________________________________________

Standards for Inductive and Small Battery Charger Systems

 

Performance                                                   Standard

Parameter

 

Maximum 24-hour                                         For Eb of 2.5 Wh or less: 16 xN

charge and

maintenance                                                   For Eb >2.5 Wh and

energy (Wh)                                                   ≤ 100 Wh: 12 x N+1.6Eb

(Eb = capacity

of all batteries in                                            For Eb >100 Wh and

ports and N =                                                  ≤ 1000 Wh: 22 x N+1.5Eb

number of charger

ports)                                                              For Eb > 1000 Wh:

                                                                        36.4 x N + 1.486Eb

 

Battery Maintenance                                      The sum of battery maintenance mode power and

Mode Power and No                                       no battery mode power must be less than or equal

Battery Mode Power (W)                               to: 1 x N+0.0021xEb

Power Factor (Eb = capacity

of all batteries in ports and

N = number of charger ports)

______________________________________________________________________________

 

      (B) The requirements in subparagraph (A) of this paragraph must be met by:

      (i) Small battery charger systems for sale at retail that are not USB charger systems with a battery capacity of 20 watt-hours or more and that are manufactured on or after January 1, 2014.

      (ii) Small battery charger systems for sale at retail that are USB charger systems with a battery capacity of 20 watt-hours or more and that are manufactured on or after January 1, 2014.

      (iii) Small battery charger systems that are not sold at retail that are manufactured on or after January 1, 2017.

      (iv) Inductive charger systems manufactured on or after January 1, 2014, unless the inductive charger system uses less than one watt in battery maintenance mode, less than one watt in no battery mode and an average of one watt or less over the duration of the charge and battery maintenance mode test.

      (v) Battery backups and uninterruptible power supplies, manufactured on or after January 1, 2014, for small battery charger systems for sale at retail, which may not consume more than 0.8 (0.0021xEb) watts in battery maintenance mode, where (Eb) is the battery capacity in watt-hours.

      (vi) Small battery charger systems not sold at retail, manufactured after January 1, 2017, which may not consume more than 0.8 (0.0021xEb) watts in battery maintenance mode, where (Eb) is the battery capacity in watt-hours.

      (C) The requirements in subparagraph (A) of this paragraph do not need to be met by an à la carte charger that is:

      (i) Provided separately from and subsequent to the sale of a small battery charger system described in this paragraph;

      (ii) Necessary as a replacement for, or as a replacement component of, a small battery charger system; and

      (iii) Provided by a manufacturer directly to a consumer or to a service or repair facility.

      (20) A high light output double-ended quartz halogen lamp must have a minimum efficiency of:

      (a) 27 lumens per watt for lamps with a minimum rated initial lumen value of greater than 6,000 lumens and a maximum initial lumen value of 15,000 lumens; or

      (b) 34 lumens per watt for lamps with a rated initial lumen value of greater than 15,000 and less than 40,000 lumens.

______________________________________________________________________________

 

      Note: See second 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 10 (5), chapter 418, Oregon Laws 2013, provides:

      Sec. 10. (5) The minimum energy efficiency standards specified in ORS 469.233 (19)(b) do not apply to a small battery charger system 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 that requires the small battery charger system as a service part or spare part, or for a battery charger that is not sold at retail, before July 1, 2017. [2013 c.418 §10(5)]

 

      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 second note under 469.229.

 

      469.236 [1989 c.926 §6; repealed by 1999 c.880 §2]

 

      469.238 Sale of products not meeting standards prohibited; exemptions. (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, walk-in freezer, television, inductive charger system, large battery charger system or small battery charger system 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. [2005 c.437 §§2,3,4; 2007 c.649 §3; 2013 c.418 §5]

 

      Note: The amendments to 469.238 by section 6, chapter 418, Oregon Laws 2013, become operative January 1, 2016. See section 10, chapter 418, Oregon Laws 2013. The text that is operative on and after January 1, 2016, is set forth for the user’s convenience.

      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, walk-in freezer, television, inductive charger system, large battery charger system, small battery charger system or high light output double-ended quartz halogen lamp 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: See second 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 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, walk-in freezer, television, inductive charger system, large battery charger system or small battery charger system 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; 2005 c.437 §7; 2007 c.649 §4; 2013 c.418 §7]

 

      Note: The amendments to 469.239 by section 8, chapter 418, Oregon Laws 2013, become operative January 1, 2016. See section 10, chapter 418, Oregon Laws 2013. The text that is operative on and after January 1, 2016, is set forth for the user’s convenience.

      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, walk-in freezer, television, inductive charger system, large battery charger system, small battery charger system or high light output double-ended quartz halogen lamp 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: See second 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 second 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 second note under 469.229.

 

      469.262 [1989 c.926 §24; repealed by 1999 c.880 §2]

 

      469.267 [1989 c.926 §26; 1993 c.617 §9; repealed by 1999 c.880 §2]

 

      469.269 [1989 c.926 §27; 1993 c.617 §10; repealed by 1999 c.880 §2]

 

      469.270 [1989 c.926 §28; 1991 c.67 §139; repealed by 1993 c.617 §29]

 

      469.274 [1989 c.926 §§31,32; 1991 c.641 §7; 1993 c.617 §11; repealed by 1999 c.880 §2]

 

      469.276 [1989 c.926 §33; repealed by 1999 c.880 §2]

 

      469.278 [1989 c.926 §34; repealed by 1999 c.880 §2]

 

      469.280 [1989 c.926 §35; repealed by 1999 c.880 §2]

 

      469.282 [1989 c.926 §36; repealed by 1999 c.880 §2]

 

      469.284 [1989 c.926 §37; repealed by 1999 c.880 §2]

 

      469.286 [1989 c.926 §38; 1991 c.67 §140; 1993 c.617 §12; repealed by 1999 c.880 §2]

 

      469.290 [1989 c.926 §23; 1991 c.641 §8; 1993 c.617 §13; repealed by 1999 c.880 §2]

 

      469.292 [1989 c.926 §22; 1991 c.641 §9; repealed by 1999 c.880 §2]

 

      469.296 [1989 c.926 §17; 1993 c.617 §14; repealed by 1999 c.880 §2]

 

      469.298 [1989 c.926 §2; repealed by 1999 c.880 §2]

 

REGULATION OF ENERGY FACILITIES

 

(General Provisions)

 

      469.300 Definitions. As used in ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992, unless the context requires otherwise:

      (1) “Applicant” means any person who makes application for a site certificate in the manner provided in ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992.

      (2) “Application” means a request for approval of a particular site or sites for the construction and operation of an energy facility or the construction and operation of an additional energy facility upon a site for which a certificate has already been issued, filed in accordance with the procedures established pursuant to ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992.

      (3) “Associated transmission lines” means new transmission lines constructed to connect an energy facility to the first point of junction of such transmission line or lines with either a power distribution system or an interconnected primary transmission system or both or to the Northwest Power Grid.

      (4) “Average electric generating capacity” means the peak generating capacity of the facility divided by one of the following factors:

      (a) For wind facilities, 3.00;

      (b) For geothermal energy facilities, 1.11; or

      (c) For all other energy facilities, 1.00.

      (5) “Combustion turbine power plant” means a thermal power plant consisting of one or more fuel-fired combustion turbines and any associated waste heat combined cycle generators.

      (6) “Construction” means work performed on a site, excluding surveying, exploration or other activities to define or characterize the site, the cost of which exceeds $250,000.

      (7) “Council” means the Energy Facility Siting Council established under ORS 469.450.

      (8) “Department” means the State Department of Energy created under ORS 469.030.

      (9) “Director” means the Director of the State Department of Energy appointed under ORS 469.040.

      (10) “Electric utility” means persons, regulated electrical companies, people’s utility districts, joint operating agencies, electric cooperatives, municipalities or any combination thereof, engaged in or authorized to engage in the business of generating, supplying, transmitting or distributing electric energy.

      (11)(a) “Energy facility” means any of the following:

      (A) An electric power generating plant with a nominal electric generating capacity of 25 megawatts or more, including but not limited to:

      (i) Thermal power;

      (ii) Combustion turbine power plant; or

      (iii) Solar thermal power plant.

      (B) A nuclear installation as defined in this section.

      (C) A high voltage transmission line of more than 10 miles in length with a capacity of 230,000 volts or more to be constructed in more than one city or county in this state, but excluding:

      (i) Lines proposed for construction entirely within 500 feet of an existing corridor occupied by high voltage transmission lines with a capacity of 230,000 volts or more; and

      (ii) Lines of 57,000 volts or more that are rebuilt and upgraded to 230,000 volts along the same right of way.

      (D) A solar photovoltaic power generation facility using more than:

      (i) 100 acres located on high-value farmland as defined in ORS 195.300;

      (ii) 100 acres located on land that is predominantly cultivated or that, if not cultivated, is predominantly composed of soils that are in capability classes I to IV, as specified by the National Cooperative Soil Survey operated by the Natural Resources Conservation Service of the United States Department of Agriculture; or

      (iii) 320 acres located on any other land.

      (E) A pipeline that is:

      (i) At least six inches in diameter, and five or more miles in length, used for the transportation of crude petroleum or a derivative thereof, liquefied natural gas, a geothermal energy form in a liquid state or other fossil energy resource, excluding a pipeline conveying natural or synthetic gas;

      (ii) At least 16 inches in diameter, and five or more miles in length, used for the transportation of natural or synthetic gas, but excluding:

      (I) A pipeline proposed for construction of which less than five miles of the pipeline is more than 50 feet from a public road, as defined in ORS 368.001; or

      (II) A parallel or upgraded pipeline up to 24 inches in diameter that is constructed within the same right of way as an existing 16-inch or larger pipeline that has a site certificate, if all studies and necessary mitigation conducted for the existing site certificate meet or are updated to meet current site certificate standards; or

      (iii) At least 16 inches in diameter and five or more miles in length used to carry a geothermal energy form in a gaseous state but excluding a pipeline used to distribute heat within a geothermal heating district established under ORS chapter 523.

      (F) A synthetic fuel plant which converts a natural resource including, but not limited to, coal or oil to a gas, liquid or solid product intended to be used as a fuel and capable of being burned to produce the equivalent of two billion Btu of heat a day.

      (G) A plant which converts biomass to a gas, liquid or solid product, or combination of such products, intended to be used as a fuel and if any one of such products is capable of being burned to produce the equivalent of six billion Btu of heat a day.

      (H) A storage facility for liquefied natural gas constructed after September 29, 1991, that is designed to hold at least 70,000 gallons.

      (I) A surface facility related to an underground gas storage reservoir that, at design injection or withdrawal rates, will receive or deliver more than 50 million cubic feet of natural or synthetic gas per day, or require more than 4,000 horsepower of natural gas compression to operate, but excluding:

      (i) The underground storage reservoir;

      (ii) The injection, withdrawal or monitoring wells and individual wellhead equipment; and

      (iii) An underground gas storage reservoir into which gas is injected solely for testing or reservoir maintenance purposes or to facilitate the secondary recovery of oil or other hydrocarbons.

      (J) An electric power generating plant with an average electric generating capacity of 35 megawatts or more if the power is produced from geothermal or wind energy at a single energy facility or within a single energy generation area.

      (b) “Energy facility” does not include a hydroelectric facility or an energy facility under paragraph (a)(A)(iii) or (D) of this subsection that is established on the site of a decommissioned United States Air Force facility that has adequate transmission capacity to serve the energy facility.

      (12) “Energy generation area” means an area within which the effects of two or more small generating plants may accumulate so the small generating plants have effects of a magnitude similar to a single generating plant of 35 megawatts average electric generating capacity or more. An “energy generation area” for facilities using a geothermal resource and covered by a unit agreement, as provided in ORS 522.405 to 522.545 or by federal law, shall be defined in that unit agreement. If no such unit agreement exists, an energy generation area for facilities using a geothermal resource shall be the area that is within two miles, measured from the electrical generating equipment of the facility, of an existing or proposed geothermal electric power generating plant, not including the site of any other such plant not owned or controlled by the same person.

      (13) “Extraordinary nuclear occurrence” means any event causing a discharge or dispersal of source material, special nuclear material or by-product material as those terms are defined in ORS 453.605, from its intended place of confinement off-site, or causing radiation levels off-site, that the United States Nuclear Regulatory Commission or its successor determines to be substantial and to have resulted in or to be likely to result in substantial damages to persons or property off-site.

      (14) “Facility” means an energy facility together with any related or supporting facilities.

      (15) “Geothermal reservoir” means an aquifer or aquifers containing a common geothermal fluid.

      (16) “Local government” means a city or county.

      (17) “Nominal electric generating capacity” means the maximum net electric power output of an energy facility based on the average temperature, barometric pressure and relative humidity at the site during the times of the year when the facility is intended to operate.

      (18) “Nuclear incident” means any occurrence, including an extraordinary nuclear occurrence, that results in bodily injury, sickness, disease, death, loss of or damage to property or loss of use of property due to the radioactive, toxic, explosive or other hazardous properties of source material, special nuclear material or by-product material as those terms are defined in ORS 453.605.

      (19) “Nuclear installation” means any power reactor, nuclear fuel fabrication plant, nuclear fuel reprocessing plant, waste disposal facility for radioactive waste, and any facility handling that quantity of fissionable materials sufficient to form a critical mass. “Nuclear installation” does not include any such facilities that are part of a thermal power plant.

      (20) “Nuclear power plant” means an electrical or any other facility using nuclear energy with a nominal electric generating capacity of 25 megawatts or more, for generation and distribution of electricity, and associated transmission lines.

      (21) “Person” means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, people’s utility district, or any other entity, public or private, however organized.

      (22) “Project order” means the order, including any amendments, issued by the State Department of Energy under ORS 469.330.

      (23)(a) “Radioactive waste” means all material which is discarded, unwanted or has no present lawful economic use, and contains mined or refined naturally occurring isotopes, accelerator produced isotopes and by-product material, source material or special nuclear material as those terms are defined in ORS 453.605. The term does not include those radioactive materials identified in OAR 345-50-020, 345-50-025 and 345-50-035, adopted by the council on December 12, 1978, and revised periodically for the purpose of adding additional isotopes which are not referred to in OAR 345-50 as presenting no significant danger to the public health and safety.

      (b) Notwithstanding paragraph (a) of this subsection, “radioactive waste” does not include uranium mine overburden or uranium mill tailings, mill wastes or mill by-product materials as those terms are defined in Title 42, United States Code, section 2014, on June 25, 1979.

      (24) “Related or supporting facilities” means any structure, proposed by the applicant, to be constructed or substantially modified in connection with the construction of an energy facility, including associated transmission lines, reservoirs, storage facilities, intake structures, road and rail access, pipelines, barge basins, office or public buildings, and commercial and industrial structures. “Related or supporting facilities” does not include geothermal or underground gas storage reservoirs, production, injection or monitoring wells or wellhead equipment or pumps.

      (25) “Site” means any proposed location of an energy facility and related or supporting facilities.

      (26) “Site certificate” means the binding agreement between the State of Oregon and the applicant, authorizing the applicant to construct and operate a facility on an approved site, incorporating all conditions imposed by the council on the applicant.

      (27) “Thermal power plant” means an electrical facility using any source of thermal energy with a nominal electric generating capacity of 25 megawatts or more, for generation and distribution of electricity, and associated transmission lines, including but not limited to a nuclear-fueled, geothermal-fueled or fossil-fueled power plant, but not including a portable power plant the principal use of which is to supply power in emergencies. “Thermal power plant” includes a nuclear-fueled thermal power plant that has ceased to operate.

      (28) “Transportation” means the transport within the borders of the State of Oregon of radioactive material destined for or derived from any location.

      (29) “Underground gas storage reservoir” means any subsurface sand, strata, formation, aquifer, cavern or void, whether natural or artificially created, suitable for the injection, storage and withdrawal of natural gas or other gaseous substances. “Underground gas storage reservoir” includes a pool as defined in ORS 520.005.

      (30) “Utility” includes:

      (a) A person, a regulated electrical company, a 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.

      (31) “Waste disposal facility” means a geographical site in or upon which radioactive waste is held or placed but does not include a site at which radioactive waste used or generated pursuant to a license granted under ORS 453.635 is stored temporarily, a site of a thermal power plant used for the temporary storage of radioactive waste from that plant for which a site certificate has been issued pursuant to this chapter or a site used for temporary storage of radioactive waste from a reactor operated by a college, university or graduate center for research purposes and not connected to the Northwest Power Grid. As used in this subsection, “temporary storage” includes storage of radioactive waste on the site of a nuclear-fueled thermal power plant for which a site certificate has been issued until a permanent storage site is available by the federal government. [Formerly 453.305; 1977 c.796 §1; 1979 c.283 §1; 1981 c.587 §1; 1981 c.629 §2; 1981 c.707 §1; 1981 c.866 §1; 1991 c.480 §4; 1993 c.544 §3; 1993 c.569 §3; 1995 c.505 §6; 1995 c.551 §10; 1997 c.606 §1; 1999 c.365 §5; 2001 c.134 §2; 2001 c.683 §6; 2003 c.186 §28; 2013 c.320 §1]

 

      469.310 Policy. In the interests of the public health and the welfare of the people of this state, it is the declared public policy of this state that the siting, construction and operation of energy facilities shall be accomplished in a manner consistent with protection of the public health and safety and in compliance with the energy policy and air, water, solid waste, land use and other environmental protection policies of this state. It is, therefore, the purpose of ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992 to exercise the jurisdiction of the State of Oregon to the maximum extent permitted by the United States Constitution and to establish in cooperation with the federal government a comprehensive system for the siting, monitoring and regulating of the location, construction and operation of all energy facilities in this state. It is furthermore the policy of this state, notwithstanding ORS 469.010 (2)(f) and the definition of cost-effective in ORS 469.020, that the need for new generating facilities, as defined in ORS 469.503, is sufficiently addressed by reliance on competition in the market rather than by consideration of cost-effectiveness and shall not be a matter requiring determination by the Energy Facility Siting Council in the siting of a generating facility, as defined in ORS 469.503. [Formerly 453.315; 1997 c.428 §1; 2003 c.186 §29]

 

(Siting)

 

      469.320 Site certificate required; exceptions. (1) Except as provided in subsections (2) and (5) of this section, no facility shall be constructed or expanded unless a site certificate has been issued for the site thereof in the manner provided in ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992. No facility shall be constructed or operated except in conformity with the requirements of ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992.

      (2) A site certificate is not required for:

      (a) An energy facility for which no site certificate has been issued that, on August 2, 1993, had operable electric generating equipment for a modification that uses the same fuel type and increases electric generating capacity, if:

      (A) The site is not enlarged; and

      (B) The ability of the energy facility to use fuel for electricity production under peak steady state operating conditions is not more than 200 million Btu per hour greater than it was on August 2, 1993, or the energy facility expansion is called for in the short-term plan of action of an energy resource plan that has been acknowledged by the Public Utility Commission of Oregon.

      (b) Construction or expansion of any interstate natural gas pipeline or associated underground natural gas storage facility authorized by and subject to the continuing regulation of the Federal Energy Regulatory Commission or successor agency.

      (c) An energy facility, except coal and nuclear power plants, if the energy facility:

      (A) Sequentially produces electrical energy and useful thermal energy from the same fuel source; and

      (B) Under average annual operating conditions, has a nominal electric generating capacity:

      (i) Of less than 50 megawatts and the fuel chargeable to power heat rate value is not greater than 6,000 Btu per kilowatt hour;

      (ii) Of 50 megawatts or more and the fuel chargeable to power heat rate value is not greater than 5,500 Btu per kilowatt hour; or

      (iii) Specified by the Energy Facility Siting Council by rule based on the council’s determination relating to emissions of the energy facility.

      (d) Temporary storage, at the site of a nuclear-fueled thermal power plant for which a site certificate has been issued by the State of Oregon, of radioactive waste from the plant.

      (e) An energy facility as defined in ORS 469.300 (11)(a)(G), if the plant also produces a secondary fuel used on site for the production of heat or electricity, if the output of the primary fuel is less than six billion Btu of heat a day.

      (f) An energy facility as defined in ORS 469.300 (11)(a)(G), if the facility:

      (A) Exclusively uses biomass, including but not limited to grain, whey, potatoes, oilseeds, waste vegetable oil or cellulosic biomass, as the source of material for conversion to a liquid fuel;

      (B) Has received local land use approval under the applicable acknowledged comprehensive plan and land use regulations of the affected local government and the facility complies with any statewide planning goals or rules of the Land Conservation and Development Commission that are directly applicable to the facility;

      (C) Requires no new electric transmission lines or gas or petroleum product pipelines that would require a site certificate under subsection (1) of this section;

      (D) Produces synthetic fuel, at least 90 percent of which is used in an industrial or refueling facility located within one mile of the facility or is transported from the facility by rail or barge; and

      (E) Emits less than 118 pounds of carbon dioxide per million Btu from fossil fuel used for conversion energy.

      (g) A standby generation facility, if the facility complies with all of the following:

      (A) The facility has received local land use approval under the applicable acknowledged comprehensive plan and land use regulations of the affected local government and the facility complies with all statewide planning goals and applicable rules of the Land Conservation and Development Commission;

      (B) The standby generators have been approved by the Department of Environmental Quality as having complied with all applicable air and water quality requirements. For an applicant that proposes to provide the physical facilities for the installation of standby generators, the requirement of this subparagraph may be met by agreeing to require such a term in the lease contract for the facility; and

      (C) The standby generators are electrically incapable of being interconnected to the transmission grid. For an applicant that proposes to provide the physical facilities for the installation of standby generators, the requirement of this subparagraph may be met by agreeing to require such a term in the lease contract for the facility.

      (3) The Energy Facility Siting Council may review and, if necessary, revise the fuel chargeable to power heat rate value set forth in subsection (2)(c)(B) of this section. In making its determination, the council shall ensure that the fuel chargeable to power heat rate value for facilities set forth in subsection (2)(c)(B) of this section remains significantly lower than the fuel chargeable to power heat rate value for the best available, commercially viable thermal power plant technology at the time of the revision.

      (4) Any person who proposes to construct or enlarge an energy facility and who claims an exemption under subsection (2)(a), (c), (f) or (g) of this section from the requirement to obtain a site certificate shall request the Energy Facility Siting Council to determine whether the proposed facility qualifies for the claimed exemption. The council shall make its determination within 60 days after the request for exemption is filed. An appeal from the council’s determination on a request for exemption shall be made under ORS 469.403, except that the scope of review by the Supreme Court shall be the same as a review by a circuit court under ORS 183.484. The record on review by the Supreme Court shall be the record established in the council proceeding on the exemption.

      (5) Notwithstanding subsection (1) of this section, a separate site certificate shall not be required for:

      (a) Transmission lines, storage facilities, pipelines or similar related or supporting facilities, if such related or supporting facilities are addressed in and are subject to a site certificate for another energy facility;

      (b) Expansion within the site or within the energy generation area of a facility for which a site certificate has been issued, if the existing site certificate has been amended to authorize expansion; or

      (c) Expansion, either within the site or outside the site, of an existing council certified surface facility related to an underground gas storage reservoir, if the existing site certificate is amended to authorize expansion.

      (6) If the substantial loss of the steam host causes a facility exempt under subsection (2)(c) of this section to substantially fail to meet the exemption requirements under subsection (2)(c) of this section, the electric generating facility shall cease to operate one year after the substantial loss of the steam host unless an application for a site certificate has been filed in accordance with the provisions of ORS 469.300 to 469.563.

      (7) As used in this section:

      (a) “Standby generation facility” means an electric power generating facility, including standby generators and the physical structures necessary to install and connect standby generators, that provides temporary electric power in the event of a power outage and that is electrically incapable of being interconnected with the transmission grid.

      (b) “Total energy output” means the sum of useful thermal energy output and useful electrical energy output.

      (c) “Useful thermal energy” means the verifiable thermal energy used in any viable industrial or commercial process, heating or cooling application.

      (8) Notwithstanding the definition of “energy facility” in ORS 469.300 (11)(a)(J), an electric power generating plant with an average electric generating capacity of less than 35 megawatts produced from wind energy at a single energy facility or within a single energy generation area may elect to obtain a site certificate in the manner provided in ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992. An election to obtain a site certificate under this subsection shall be final upon submission of an application for a site certificate. [Formerly 453.325; 1977 c.86 §1; 1979 c.730 §8; 1982 s.s.1 c.6 §1; 1987 c.200 §5; 1991 c.480 §5; 1993 c.569 §4; 1995 c.505 §7; 1999 c.365 §6; 1999 c.385 §1; 2001 c.134 §§3,4; 2001 c.683 §§7,8; 2003 c.186 §§76,77; 2005 c.768 §§1,2; 2007 c.739 §33; 2009 c.751 §7]

 

      469.330 Notice of intent to file application for site certificate; public notice; standards, application requirements and study requirements; project order; rules. (1) Each applicant for a site certificate shall submit to the Energy Facility Siting Council a notice of intent to file an application for a site certificate. The notice of intent must provide information about the proposed site and the characteristics of the facility sufficient for the preparation of the State Department of Energy’s project order.

      (2) The council shall cause public notice to be given upon receipt of a notice of intent by the council. The public notice shall provide a description of the proposed site and facility in sufficient detail to inform the public of the location and proposed use of the site.

      (3) Following review of the notice of intent and any public comments received in response to the notice of intent, the department may hold a preapplication conference with state agencies and local governments that have regulatory or advisory responsibility with respect to the facility. After the preapplication conference, the department shall issue a project order establishing the statutes, administrative rules, council standards, local ordinances, application requirements and study requirements for the site certificate application. A project order is not a final order.

      (4) A project order issued under subsection (3) of this section may be amended at any time by either the department or the council. [Formerly 453.335; 1977 c.794 §9; 1989 c.88 §1; 1993 c.569 §5; 1995 c.505 §8]

 

      469.340 [1975 c.552 §37; 1975 c.606 §26a; repealed by 1981 c.629 §3]

 

      469.350 Application for site certificate; comment and recommendation. (1) Applications for site certificates shall be made to the Energy Facility Siting Council in a form prescribed by the council and accompanied by the fee required by ORS 469.421.

      (2) Copies of the notice of intent and of the application shall be sent for comment and recommendation within specified deadlines established by the council to the Department of Environmental Quality, the Water Resources Commission, the State Fish and Wildlife Commission, the Water Resources Director, the State Geologist, the State Forestry Department, the Public Utility Commission of Oregon, the State Department of Agriculture, the Department of Land Conservation and Development, the Oregon Department of Aviation, any other state agency that has regulatory or advisory responsibility with respect to the facility and any city or county affected by the application.

      (3) Any state agency, city or county that is requested by the council to comment and make recommendations under this section shall respond to the council by the specified deadline. If a state agency, city or county determines that it cannot respond to the council by the specified deadline because the state agency, city or county lacks sufficient resources to review and comment on the application, the state agency, city or county shall contract with another entity to assist in preparing a response. A state agency, city or county that enters into a contract to assist in preparing a response may request funding to pay for that contract from the council pursuant to ORS 469.360.

      (4) The State Department of Energy shall notify the applicant whether the application is complete. When the department determines an application is complete, the department shall notify the applicant and provide notice to the public. [Formerly 453.345; 1977 c.794 §10; 1989 c.88 §2; 1993 c.569 §6; 1995 c.505 §9; 2001 c.683 §10; 2009 c.399 §4]

 

      469.360 Evaluation of site applications; costs; payment. (1) The Energy Facility Siting Council shall evaluate each site certificate application. As part of its evaluation, the council may commission an independent study by an independent contractor, state agency, local government or any other person, of any aspect of the proposed facility within its statutory authority to review. The council may compensate a state agency or local government for expenses related to:

      (a) Review of the notice of intent, the application or a request for an expedited review;

      (b) The state agency’s or local government’s participation in a council proceeding; and

      (c) The performance of specific studies necessary to complete the council’s statutory evaluation of the application.

      (2) The council may enter into a contract under subsection (1) of this section only after the council makes a determination that the council is unable to fully evaluate the application without assistance and identifies specific issues to be addressed and only pursuant to a written contract or agreement with the independent contractor, state agency, local government or other person. The council shall compensate the independent contractor, state agency, local government or other person only to the extent the costs are directly related to issues identified by the council.

      (3) The council shall provide funding to state agencies, cities or counties required to contract with another entity to complete comments and recommendations pursuant to ORS 469.350.

      (4) In addition to compensating state agencies and local governments pursuant to subsection (1) of this section, the council may provide funding to the Department of Environmental Quality for the department to conduct modeling and provide technical assistance to expedite preparation, submission and review of applications for permits under ORS 468A.040 required for energy facilities. [Formerly 453.355; 1987 c.450 §1; 1989 c.88 §3; 1993 c.569 §7; 1995 c.505 §10; 2001 c.683 §11]

 

      469.370 Draft proposed order for hearing; issues raised; final order; expedited processing. (1) Based on its review of the application and the comments and recommendations on the application from state agencies and local governments, the State Department of Energy shall prepare and issue a draft proposed order on the application.

      (2) Following issuance of the draft proposed order, the Energy Facility Siting Council shall hold one or more public hearings on the application for a site certificate in the affected area and elsewhere, as the council considers necessary. Notice of the hearing shall be mailed at least 20 days before the hearing. The notice shall, at a minimum:

      (a) Comply with the requirements of ORS 197.763 (2), with respect to the persons notified;

      (b) Include a description of the facility and the facility’s general location;

      (c) Include the name of an agency representative to contact and the telephone number where additional information may be obtained;

      (d) State that copies of the application and draft proposed order are available for inspection at no cost and will be provided at a reasonable cost; and

      (e) State that failure to raise an issue in person or in writing prior to the close of the record of the public hearing with sufficient specificity to afford the decision maker an opportunity to respond to the issue precludes consideration of the issue in a contested case.

      (3) Any issue that may be the basis for a contested case shall be raised not later than the close of the record at or following the final public hearing prior to issuance of the department’s proposed order. Such issues shall be raised with sufficient specificity to afford the council, the department and the applicant an adequate opportunity to respond to each issue. A statement of this requirement shall be made at the commencement of any public hearing on the application.

      (4) After reviewing the application, the draft proposed order and any testimony given at the public hearing and after consulting with other agencies, the department shall issue a proposed order recommending approval or rejection of the application. The department shall issue public notice of the proposed order, that shall include notice of a contested case hearing specifying a deadline for requests to participate as a party or limited party and a date for the prehearing conference.

      (5) Following receipt of the proposed order from the department, the council shall conduct a contested case hearing on the application for a site certificate in accordance with the applicable provisions of ORS chapter 183 and any procedures adopted by the council. The applicant shall be a party to the contested case. The council may permit any other person to become a party to the contested case in support of or in opposition to the application only if the person appeared in person or in writing at the public hearing on the site certificate application. Issues that may be the basis for a contested case shall be limited to those raised on the record of the public hearing under subsection (3) of this section, unless:

      (a) The department failed to follow the requirements of subsection (2) or (3) of this section; or

      (b) The action recommended in the proposed order, including any recommended conditions of the approval, differs materially from that described in the draft proposed order, in which case only new issues related to such differences may be raised.

      (6) If no person requests party status to challenge the department’s proposed order, the proposed order shall be forwarded to the council and the contested case hearing shall be concluded.

      (7) At the conclusion of the contested case, the council shall issue a final order, either approving or rejecting the application based upon the standards adopted under ORS 469.501 and any additional statutes, rules or local ordinances determined to be applicable to the facility by the project order, as amended. The council shall make its decision by the affirmative vote of at least four members approving or rejecting any application for a site certificate. The council may amend or reject the proposed order, so long as the council provides public notice of its hearing to adopt a final order, and provides an opportunity for the applicant and any party to the contested case to comment on material changes to the proposed order, including material changes to conditions of approval resulting from the council’s review. The council’s order shall be considered a final order for purposes of appeal.

      (8) Rejection or approval of an application, together with any conditions that may be attached to the certificate, shall be subject to judicial review as provided in ORS 469.403.

      (9) The council shall either approve or reject an application for a site certificate:

      (a) Within 24 months after filing an application for a nuclear installation, or for a thermal power plant, other than that described in paragraph (b) of this subsection, with a nameplate rating of more than 200,000 kilowatts;

      (b) Within nine months after filing of an application for a site certificate for a combustion turbine power plant, a geothermal-fueled power plant or an underground storage facility for natural gas;

      (c) Within six months after filing an application for a site certificate for an energy facility, if the application is:

      (A) To expand an existing industrial facility to include an energy facility;

      (B) To expand an existing energy facility to achieve a nominal electric generating capacity of between 25 and 50 megawatts; or

      (C) To add injection or withdrawal capacity to an existing underground gas storage facility; or

      (d) Within 12 months after filing an application for a site certificate for any other energy facility.

      (10) At the request of the applicant, the council shall allow expedited processing of an application for a site certificate for an energy facility with an average electric generating capacity of less than 100 megawatts. No notice of intent shall be required. Following approval of a request for expedited review, the department shall issue a project order, which may be amended at any time. The council shall either approve or reject an application for a site certificate within six months after filing the site certificate application if there are no intervenors in the contested case conducted under subsection (5) of this section. If there are intervenors in the contested case, the council shall either approve or reject an application within nine months after filing the site certificate application. For purposes of this subsection, the generating capacity of a thermal power plant is the nameplate rating of the electrical generator proposed to be installed in the plant.

      (11) Failure of the council to comply with the deadlines set forth in subsection (9) or (10) of this section shall not result in the automatic issuance or denial of a site certificate.

      (12) The council shall specify in the site certificate a date by which construction of the facility must begin.

      (13) For a facility that is subject to and has been or will be reviewed by a federal agency under the National Environmental Policy Act, 42 U.S.C. Section 4321, et seq., the council shall conduct its site certificate review, to the maximum extent feasible, in a manner that is consistent with and does not duplicate the federal agency review. Such coordination shall include, but need not be limited to:

      (a) Elimination of duplicative application, study and reporting requirements;

      (b) Council use of information generated and documents prepared for the federal agency review;

      (c) Development with the federal agency and reliance on a joint record to address applicable council standards;

      (d) Whenever feasible, joint hearings and issuance of a site certificate decision in a time frame consistent with the federal agency review; and

      (e) To the extent consistent with applicable state standards, establishment of conditions in any site certificate that are consistent with the conditions established by the federal agency. [Formerly 453.365; 1977 c.296 §14; 1977 c.794 §11; 1977 c.895 §1; 1985 c.569 §17; 1993 c.544 §4; 1993 c.569 §8; 1995 c.79 §288; 1995 c.505 §11; 1997 c.428 §2; 2001 c.134 §6]

 

      469.371 [1985 c.569 §5; 1991 c.480 §6; repealed by 1993 c.544 §9]

 

      469.372 [1985 c.569 §14; 1985 c.673 §196; repealed by 1993 c.544 §9]

 

      469.373 Expedited processing for certain natural gas energy facilities. (1) Notwithstanding the expedited review process established pursuant to ORS 469.370, an applicant may apply under the provisions of this section for expedited review of an application for a site certificate for an energy facility if the energy facility:

      (a) Is a combustion turbine energy facility fueled by natural gas or is a reciprocating engine fueled by natural gas, including an energy facility that uses petroleum distillate fuels for backup power generation;

      (b) Is a permitted or conditional use allowed under an applicable local acknowledged comprehensive plan, land use regulation or federal land use plan, and is located:

      (A) At or adjacent to an existing energy facility; or

      (B)(i) At, adjacent to or in close proximity to an existing industrial use; and

      (ii) In an area currently zoned or designated for industrial use;

      (c)(A) Requires no more than three miles of associated transmission lines or three miles of new natural gas pipelines outside of existing rights of way for transmission lines or natural gas pipelines; or

      (B) Imposes, in the determination of the Energy Facility Siting Council, no significant impact in the locating of associated transmission lines or new natural gas pipelines outside of existing rights of way;

      (d) Requires no new water right or water right transfer;

      (e) Provides funds to a qualified organization in an amount determined by the council to be sufficient to produce any required reduction in emissions as specified in ORS 469.503 (2)(c)(C) and in rules adopted under ORS 469.503 for the total carbon dioxide emissions produced by the energy facility for the life of the energy facility; and

      (f)(A) Discharges process wastewater to a wastewater treatment facility that has an existing National Pollutant Discharge Elimination System permit, can obtain an industrial pretreatment permit, if needed, within the expedited review process time frame and has written confirmation from the wastewater facility permit holder that the additional wastewater load will be accommodated by the facility without resulting in a significant thermal increase in the facility effluent or without requiring any changes to the wastewater facility National Pollutant Discharge Elimination System permit;

      (B) Plans to discharge process wastewater to a wastewater treatment facility owned by a municipal corporation that will accommodate the wastewater from the energy facility and supplies evidence from the municipal corporation that:

      (i) The municipal corporation has included, or intends to include, the process wastewater load from the energy facility in an application for a National Pollutant Discharge Elimination System permit; and

      (ii) All conditions required of the energy facility to allow the discharge of process wastewater from the energy facility will be satisfied; or

      (C) Obtains a National Pollutant Discharge Elimination System or water pollution control facility permit for process wastewater disposal, supplies evidence to support a finding that the discharge can likely be permitted within the expedited review process time frame and that the discharge will not require:

      (i) A new National Pollutant Discharge Elimination System permit, except for a storm water general permit for construction activities; or

      (ii) A change in any effluent limit or discharge location under an existing National Pollutant Discharge Elimination System or water pollution control facility permit.

      (2) An applicant seeking expedited review under this section shall submit documentation to the State Department of Energy, prior to the submission of an application for a site certificate, that demonstrates that the energy facility meets the qualifications set forth in subsection (1) of this section. The department shall determine, within 14 days of receipt of the documentation, on a preliminary, nonbinding basis, whether the energy facility qualifies for expedited review.

      (3) If the department determines that the energy facility preliminarily qualifies for expedited review, the applicant may submit an application for expedited review. Within 30 days after the date that the application for expedited review is submitted, the department shall determine whether the application is complete. If the department determines that the application is complete, the application shall be deemed filed on the date that the department sends the applicant notice of its determination. If the department determines that the application is not complete, the department shall notify the applicant of the deficiencies in the application and shall deem the application filed on the date that the department determines that the application is complete. The department or the council may request additional information from the applicant at any time.

      (4) The State Department of Energy shall send a copy of a filed application to the Department of Environmental Quality, the Water Resources Department, the State Department of Fish and Wildlife, the State Department of Geology and Mineral Industries, the State Department of Agriculture, the Department of Land Conservation and Development, the Public Utility Commission and any other state agency, city, county or political subdivision of the state that has regulatory or advisory responsibility with respect to the proposed energy facility. The State Department of Energy shall send with the copy of the filed application a notice specifying that:

      (a) In the event the council issues a site certificate for the energy facility, the site certificate will bind the state and all counties, cities and political subdivisions in the state as to the approval of the site, the construction of the energy facility and the operation of the energy facility, and that after the issuance of a site certificate, all permits, licenses and certificates addressed in the site certificate must be issued as required by ORS 469.401 (3); and

      (b) The comments and recommendations of state agencies, counties, cities and political subdivisions concerning whether the proposed energy facility complies with any statute, rule or local ordinance that the state agency, county, city or political subdivision would normally administer in determining whether a permit, license or certificate required for the construction or operation of the energy facility should be approved will be considered only if the comments and recommendations are received by the department within a reasonable time after the date the application and notice of the application are sent by the department.

      (5) Within 90 days after the date that the application was filed, the department shall issue a draft proposed order setting forth:

      (a) A description of the proposed energy facility;

      (b) A list of the permits, licenses and certificates that are addressed in the application and that are required for the construction or operation of the proposed energy facility;

      (c) A list of the statutes, rules and local ordinances that are the standards and criteria for approval of any permit, license or certificate addressed in the application and that are required for the construction or operation of the proposed energy facility; and

      (d) Proposed findings specifying how the proposed energy facility complies with the applicable standards and criteria for approval of a site certificate.

      (6) The council shall review the application for site certification in the manner set forth in subsections (7) to (10) of this section and shall issue a site certificate for the facility if the council determines that the facility, with any required conditions to the site certificate, will comply with:

      (a) The requirements for expedited review as specified in this section;

      (b) The standards adopted by the council pursuant to ORS 469.501 (1)(a), (c) to (e), (g), (h) and (L) to (o);

      (c) The requirements of ORS 469.503 (3); and

      (d) The requirements of ORS 469.504 (1)(b).

      (7) Following submission of an application for a site certificate, the council shall hold a public informational meeting on the application. Following the issuance of the proposed order, the council shall hold at least one public hearing on the application. The public hearing shall be held in the area affected by the energy facility. The council shall mail notice of the hearing at least 20 days prior to the hearing. The notice shall comply with the notice requirements of ORS 197.763 (2) and shall include, but need not be limited to, the following:

      (a) A description of the energy facility and the general location of the energy facility;

      (b) The name of a department representative to contact and the telephone number at which people may obtain additional information;

      (c) A statement that copies of the application and proposed order are available for inspection at no cost and will be provided at reasonable cost; and

      (d) A statement that the record for public comment on the application will close at the conclusion of the hearing and that failure to raise an issue in person or in writing prior to the close of the record, with sufficient specificity to afford the decision maker an opportunity to respond to the issue, will preclude consideration of the issue, by the council or by a court on judicial review of the council’s decision.

      (8) Prior to the conclusion of the hearing, the applicant may request an opportunity to present additional written evidence, arguments or testimony regarding the application. In the alternative, prior to the conclusion of the hearing, the applicant may request a contested case hearing on the application. If the applicant requests an opportunity to present written evidence, arguments or testimony, the council shall leave the record open for that purpose only for a period not to exceed 14 days after the date of the hearing. Following the close of the record, the department shall prepare a draft final order for the council. If the applicant requests a contested case hearing, the council may grant the request if the applicant has shown good cause for a contested case hearing. If a request for a contested case hearing is granted, subsections (9) to (11) of this section do not apply, and the application shall be considered under the same contested case procedures used for a nonexpedited application for a site certificate.

      (9) The council shall make its decision based on the record and the draft final order prepared by the department. The council shall, within six months of the date that the application is deemed filed:

      (a) Grant the application;

      (b) Grant the application with conditions;

      (c) Deny the application; or

      (d) Return the application to the site certification process required by ORS 469.320.

      (10) If the application is granted, the council shall issue a site certificate pursuant to ORS 469.401 and 469.402. Notwithstanding subsection (6) of this section, the council may impose conditions based on standards adopted under ORS 469.501 (1)(b), (f) and (i) to (k), but may not deny an application based on those standards.

      (11) Judicial review of the approval or rejection of a site certificate by the council under this section shall be as provided in ORS 469.403. [2001 c.683 §15; 2011 c.298 §1]

 

      Note: 469.373 was added to and made a part of 469.300 to 469.563 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      469.374 [1985 c.569 §15; repealed by 1993 c.544 §9]

 

      469.375 Required findings for radioactive waste disposal facility certificate. The Energy Facility Siting Council shall not issue a site certificate for a waste disposal facility for uranium mine overburden or uranium mill tailings, mill wastes or mill by-product or for radioactive waste or radioactively contaminated containers or receptacles used in the transportation, storage, use or application of radioactive material, unless, accompanying its decision it finds:

      (1) The site is:

      (a) Suitable for disposal of such wastes, and the amount of the wastes, intended for disposal at the site;

      (b) Not located in or adjacent to:

      (A) An area determined to be potentially subject to river or creek erosion within the lifetime of the facility;

      (B) Within the 500-year floodplain of a river, taking into consideration the area determined to be potentially subject to river or creek erosion within the lifetime of the facility;

      (C) An active fault or an active fault zone;

      (D) An area of ancient, recent or active mass movement including land sliding, flow or creep;

      (E) An area subject to ocean erosion; or

      (F) An area having experienced volcanic activity within the last two million years.

      (2) There is no available disposal technology and no available alternative site for disposal of such wastes that would better protect the health, safety and welfare of the public and the environment;

      (3) The disposal of such wastes and the amount of the wastes, at the site will be compatible with the regulatory programs of federal government for disposal of such wastes;

      (4) The disposal of such wastes, and the amount of the wastes, at the site will be coordinated with the regulatory programs of adjacent states for disposal of such wastes;

      (5) That following closure of the site, there will be no release of radioactive materials or radiation from the waste;

      (6) That suitable deed restrictions have been placed on the site recognizing the hazard of the material; and

      (7) That, where federal funding for remedial actions is not available, a surety bond in the name of the state has been provided in an amount determined by the State Department of Energy to be sufficient to cover any costs of closing the site and monitoring it or providing for its security after closure and to secure performance of any site certificate conditions. The bond may be withdrawn when the council finds that:

      (a) The radioactive waste has been disposed of at a waste disposal facility for which a site certificate has been issued; and

      (b) A fee has been paid to the State of Oregon sufficient for monitoring the site after closure.

      (8) If any section, portion, clause or phrase of this section is for any reason held to be invalid or unconstitutional the remaining sections, portions, clauses and phrases shall not be affected but shall remain in full force or effect, and to this end the provisions of this section are severable. [Formerly 459.625; 1979 c.283 §3; 1981 c.587 §3; 1985 c.4]

 

      469.378 Land use compatibility statement for energy facility. Notwithstanding ORS 197.180, when a state agency action or recommendation concerning an energy facility requires a land use compatibility statement prior to the action being completed, the state agency shall satisfy any applicable requirement of ORS 197.180 by conditioning the agency action or recommendation on a determination by either the Energy Facility Siting Council or the applicable city or county that the energy facility as affected by the state agency action satisfies, or will continue to satisfy, the applicable requirements of ORS 197.180. [2001 c.683 §17]

 

      Note: 469.378 was added to and made a part of 469.300 to 469.563 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      469.380 [Formerly 453.375; 1977 c.794 §12; 1977 c.895 §2; 1993 c.569 §9; repealed by 1995 c.505 §32]

 

      469.390 [Formerly 453.385; repealed by 1993 c.569 §31]

 

      469.400 [Formerly 453.395; 1977 c.794 §13; 1977 c.895 §3; repealed by 1993 c.569 §10 (469.401 and 469.403 enacted in lieu of 469.400)]

 

      469.401 Energy facility site certificate; conditions; effect of issuance on state and local government agencies. (1) Upon approval, the site certificate or any amended site certificate with any conditions prescribed by the Energy Facility Siting Council shall be executed by the chairperson of the council and by the applicant. The certificate or amended certificate shall authorize the applicant to construct, operate and retire the facility subject to the conditions set forth in the site certificate or amended site certificate. The duration of the site certificate or amended site certificate shall be the life of the facility.

      (2) The site certificate or amended site certificate shall contain conditions for the protection of the public health and safety, for the time for completion of construction, and to ensure compliance with the standards, statutes and rules described in ORS 469.501 and 469.503. The site certificate or amended site certificate shall require both parties to abide by local ordinances and state law and the rules of the council in effect on the date the site certificate or amended site certificate is executed, except that upon a clear showing of a significant threat to the public health, safety or the environment that requires application of later-adopted laws or rules, the council may require compliance with such later-adopted laws or rules. For a permit addressed in the site certificate or amended site certificate, the site certificate or amended site certificate shall provide for facility compliance with applicable state and federal laws adopted in the future to the extent that such compliance is required under the respective state agency statutes and rules.

      (3) Subject to the conditions set forth in the site certificate or amended site certificate, any certificate or amended certificate signed by the chairperson of the council shall bind the state and all counties and cities and political subdivisions in this state as to the approval of the site and the construction and operation of the facility. After issuance of the site certificate or amended site certificate, any affected state agency, county, city and political subdivision shall, upon submission by the applicant of the proper applications and payment of the proper fees, but without hearings or other proceedings, promptly issue the permits, licenses and certificates addressed in the site certificate or amended site certificate, subject only to conditions set forth in the site certificate or amended site certificate. After the site certificate or amended site certificate is issued, the only issue to be decided in an administrative or judicial review of a state agency or local government permit for which compliance with governing law was considered and determined in the site certificate or amended site certificate proceeding shall be whether the permit is consistent with the terms of the site certificate or amended site certificate. Each state or local government agency that issues a permit, license or certificate shall continue to exercise enforcement authority over the permit, license or certificate.

      (4) Nothing in ORS chapter 469 shall be construed to preempt the jurisdiction of any state agency or local government over matters that are not included in and governed by the site certificate or amended site certificate. Such matters include but are not limited to employee health and safety, building code compliance, wage and hour or other labor regulations, local government fees and charges or other design or operational issues that do not relate to siting the facility. [1993 c.569 §11 (469.401 and 469.403 enacted in lieu of 469.400); 1995 c.505 §12; 1999 c.385 §2]

 

      469.402 Delegation of review of future action required by site certificate. If the Energy Facility Siting Council elects to impose conditions on a site certificate or an amended site certificate, that require subsequent review and approval of a future action, the council may delegate the future review and approval to the State Department of Energy if, in the council’s discretion, the delegation is warranted under the circumstances of the case. [1995 c.505 §27; 1999 c.385 §3]

 

      Note: 469.402 was added to and made a part of 469.300 to 469.563 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      469.403 Rehearing on approval or rejection of application for site certificate or amendment; appeal; judicial review vested in Supreme Court; stay of order. (1) Any party to a contested case proceeding may apply for rehearing within 30 days from the date the approval or rejection is served. The date of service shall be the date on which the Energy Facility Siting Council delivered or mailed its approval or rejection in accordance with ORS 183.470. The application for rehearing shall set forth specifically the ground upon which the application is based. No objection to the council’s approval or rejection of an application for a site certificate or a site certificate amendment shall be considered on rehearing without good cause shown unless the basis for the objection is urged with reasonable specificity before the council in the site certificate or amended site certificate process. Upon such application, the council shall have the power to grant or deny rehearing or to abrogate or modify its order without further hearing. Unless the council acts upon the application for rehearing within 30 days after the application is filed, the application shall be considered denied. The filing of an application for rehearing shall not, unless specifically ordered by the council, operate as a stay of the site certificate or amended site certificate for the facility.

      (2) Any party to a contested case proceeding on a site certificate or amended site certificate application may appeal the council’s approval or rejection of the site certificate or amended site certificate application. Issues on appeal shall be limited to those raised by the parties to the contested case proceeding before the council.

      (3) Jurisdiction for judicial review of the council’s approval or rejection of an application for a site certificate or amended site certificate is conferred upon the Supreme Court. Proceedings for review shall be instituted by filing a petition in the Supreme Court. The petition shall be filed within 60 days after the date of service of the council’s final order or within 30 days after the date the petition for rehearing is denied or deemed denied. Date of service shall be the date on which the council delivered or mailed its order in accordance with ORS 183.470.

      (4) The filing of a petition for judicial review may not stay the order, except that a party to the contested case may apply to the Supreme Court for a stay upon a showing that there is a colorable claim of error and that:

      (a) The petitioner will suffer irreparable injury; or

      (b) Construction of the energy facility will result in irreparable harm to resources protected by applicable council standards or applicable agency or local government standards.

      (5) If the Supreme Court grants a stay pursuant to subsection (4) of this section, the court:

      (a) Shall require the petitioner requesting the stay to give an undertaking in the amount of $5,000.

      (b) May grant a stay in whole or in part.

      (c) May impose other reasonable conditions on the stay.

      (6) Except as otherwise provided in ORS 469.320 and this section, the review by the Supreme Court shall be the same as the review by the Court of Appeals described in ORS 183.482. The Supreme Court shall give priority on its docket to such a petition for review and shall render a decision within six months of the filing of the petition for review.

      (7) The following periods of delay shall be excluded from the six-month period within which the court must render a decision under subsection (6) of this section:

      (a) Any period of delay resulting from a motion properly before the court; or

      (b) Any reasonable period of delay resulting from a continuance granted by the court on the court’s own motion or at the request of one of the parties, if the court granted the continuance on the basis of findings that the ends of justice served by granting the continuance outweigh the best interests of the public and the other parties in having a decision within six months.

      (8) No period of delay resulting from a continuance granted by the Supreme Court under subsection (7)(b) of this section shall be excluded from the six-month period unless the court sets forth, in the record, either orally or in writing, its reasons for finding that the ends of justice served by granting the continuance outweigh the best interests of the public and the other parties in having a decision within six months. The factors the court shall consider in determining whether to grant a continuance under subsection (7)(b) of this section are:

      (a) Whether the failure to grant a continuance in the proceeding would be likely to make a continuation of the proceeding impossible or result in a miscarriage of justice; or

      (b) Whether the case is so unusual or so complex, due to the number of parties involved or the existence of novel questions of fact or law, that it is unreasonable to expect adequate consideration of the issues within the six-month period.

      (9) No continuance under subsection (7)(b) of this section shall be granted because of general congestion of the court calendar or lack of diligent preparation or attention to the case by any member of the court or any party. [1993 c.569 §12 (469.401 and 469.403 enacted in lieu of 469.400); 1995 c.505 §13; 1999 c.385 §4; 2001 c.683 §12]

 

      469.405 Amendment of site certificate; judicial review; exemption; rules. (1) A site certificate may be amended with the approval of the Energy Facility Siting Council. The council may establish by rule the type of amendment that must be considered in a contested case proceeding. Judicial review of an amendment to a site certificate shall be as provided in ORS 469.403.

      (2) Notwithstanding ORS 34.020 or 197.825, or any other provision of law, the land use approval by an affected local government of a proposed amendment to a facility and the recommendation of the special advisory group of applicable substantive criteria shall be subject to judicial review only as provided in ORS 469.403. If the applicant elects to show compliance with the statewide planning goals by demonstrating that the facility has received local land use approval, the provisions of this section shall apply only to proposed projects for which the land use approval by the local government occurs after the date an application for amendment is submitted to the State Department of Energy.

      (3) An amendment to a site certificate is not required for a pipeline less than 16 inches in diameter and less than five miles in length that is proposed to be constructed to test or maintain an underground gas storage reservoir. If the proposed pipeline will connect to a council certified surface facility related to an underground gas storage reservoir or to a council certified gas pipeline, whether the proposed pipeline is to be located inside or outside the site of a council certified facility, the certificate holder must obtain, prior to construction, the approval of the department for the construction, operation and retirement of the proposed pipeline. The department shall approve such a proposed pipeline if the pipeline meets applicable council substantive standards. Notwithstanding ORS 469.503 (3), the department may not review the proposed pipeline for compliance with other state standards. Notwithstanding ORS 469.503 (4), or any council rule addressing compliance with land use standards, the department shall not review such a proposed pipeline for compliance with land use requirements. Notwithstanding ORS 469.401 (3), the approval by the department of such pipeline shall not bind any state or local agency. The council may adopt appropriate procedural rules for the department review. The department shall issue an order approving or rejecting the proposed pipeline. Judicial review of a department order under this section shall be as provided in ORS 469.403. [1995 c.505 §2; 1999 c.385 §5]

 

      Note: 469.405 was added to and made a part of 469.300 to 469.563 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      469.407 Amendment of application to increase capacity of facility. (1) A recipient may by amendment of its application for a site certificate or by amendment of its site certificate increase the capacity of the facility if the Energy Facility Siting Council finds that:

      (a) The facility will satisfy the conditions of the 500-megawatt exemption, unless modified by the council;

      (b) The enlarged facility does not exceed 500 megawatts and meets the applicable carbon dioxide standard provided for in ORS 469.503 (2) for any increase in capacity beyond the capacity of the 500-megawatt exemption; and

      (c) The enlarged facility meets all other applicable council standards.

      (2) A recipient is deemed to meet any applicable need standard and carbon dioxide emissions standard for the nominal generating capacity of the 500-megawatt exemption provided that the recipient satisfies the conditions of the 500-megawatt exemption, unless the council modifies the conditions.

      (3) As used in this section:

      (a) “Recipient” means any base load gas plant, as defined in ORS 469.503, determined by the council to have the lowest net monetized air emissions among the applicants participating in a contested case proceeding.

      (b) “500-megawatt exemption” means the council order in which a recipient was determined to have the lowest net monetized air emissions. [1997 c.428 §8]

 

      Note: 469.407 and 469.409 were added to and made a part of 469.300 to 469.563 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      469.409 Amendment of site certificate to demonstrate compliance with carbon dioxide emissions standard; binding arbitration to resolve disputes. Any site certificate holder that is required by its site certificate or by law to demonstrate need for the facility shall instead demonstrate compliance with the carbon dioxide emissions standard applicable to the type of facility subject to the site certificate before beginning construction. Such a demonstration shall be made as an amendment to the site certificate. Notwithstanding ORS 469.405 or any council rule, if the site certificate holder proceeds pursuant to ORS 469.503 (2)(c)(A) or (C), or both, the Energy Facility Siting Council shall not conduct a contested case hearing on such amendment and the council’s order shall not be subject to judicial review. Any dispute about the site certificate holder’s demonstration of compliance with the applicable carbon dioxide emissions standard shall be settled through binding arbitration. [1997 c.428 §7]

 

      Note: See note under 469.407.

 

      469.410 Energy facility site certificate applications filed or under construction prior to July 2, 1975; conditions of site certificate; monitoring programs. (1) Any applicant for a site certificate for an energy facility shall be deemed to have met all the requirements of ORS 176.820, 192.501 to 192.505, 192.690, 469.010 to 469.155, 469.300 to 469.563, 469.990, 757.710 and 757.720 relating to eligibility for a site certificate and a site certificate shall be issued by the Energy Facility Siting Council for:

      (a) Any transmission lines for which application has been filed with the federal government and the Public Utility Commission of Oregon prior to July 2, 1975; and

      (b) Any energy facility under construction on July 2, 1975.

      (2) Each applicant for a site certificate under this section shall pay the fees required by ORS 469.421 (2) to (9), if applicable, and shall execute a site certificate in which the applicant agrees:

      (a) To abide by the conditions of all licenses, permits and certificates required by the State of Oregon or any subdivision in the state to operate the energy facility and issued prior to July 2, 1975; and

      (b) On and after July 2, 1975, to abide by the rules of the Director of the State Department of Energy adopted pursuant to ORS 469.040 (1)(d) and rules of the council adopted pursuant to ORS 469.300 to 469.563, 469.590 to 469.619 and 469.930.

      (3) The council has continuing authority over the site for which the site certificate is issued and may inspect, or direct the State Department of Energy to inspect, or request another state agency or local government to inspect, the site at any time in order to ensure that the facility is being operated consistently with the terms and conditions of the site certificate and any applicable health or safety standards.

      (4) The council shall establish programs for monitoring the environmental and ecological effects of the operation and the decommissioning of energy facilities subject to site certificates issued prior to July 2, 1975, to ensure continued compliance with the terms and conditions of the site certificate and any applicable health or safety standards.

      (5) Site certificates executed by the Governor under ORS 469.400 (1991 Edition) prior to July 2, 1975, shall bind successor agencies created hereunder in accordance with the terms of such site certificates. Any holder of a site certificate issued prior to July 2, 1975, shall abide by the rules of the director adopted pursuant to ORS 469.040 (1)(d) and rules of the council adopted pursuant to ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992. [1975 c.606 §24; 1983 c.740 §184; 1989 c.88 §5; 1993 c.569 §13; 1995 c.505 §15]

 

      469.420 [Formerly 453.405; 1977 c.813 §1; 1979 c.234 §1; 1981 c.792 §3; repealed by 1981 c.792 §4 (469.421 enacted in lieu of 469.420)]

 

      469.421 Fees; exemptions; assessment of certain utilities and suppliers; penalty. (1) Subject to the provisions of ORS 469.441, any person submitting a notice of intent, a request for exemption under ORS 469.320, a request for an expedited review under ORS 469.370, a request for an expedited review under ORS 469.373, a request for the State Department of Energy to approve a pipeline under ORS 469.405 (3), an application for a site certificate or a request to amend a site certificate shall pay all expenses incurred by the Energy Facility Siting Council and the department related to the review and decision of the council. These expenses may include legal expenses, expenses incurred in processing and evaluating the application, issuing a final order or site certificate, commissioning an independent study by a contractor, state agency or local government under ORS 469.360, and changes to the rules of the council that are specifically required and related to the particular site certificate.

      (2) Every person submitting a notice of intent to file for a site certificate, a request for exemption or a request for expedited review shall submit the fee required under the fee schedule established under ORS 469.441 to the department when the notice or request is submitted to the council. To the extent possible, the full cost of the evaluation shall be paid from the fee paid under this subsection. However, if costs of the evaluation exceed the fee, the person submitting the notice or request shall pay any excess costs shown in an itemized statement prepared by the council. In no event shall the council incur evaluation expenses in excess of 110 percent of the fee initially paid unless the council provides prior notification to the applicant and a detailed projected budget the council believes necessary to complete the project. If costs are less than the fee paid, the excess shall be refunded to the person submitting the notice or request.

      (3) Before submitting a site certificate application, the applicant shall request from the department an estimate of the costs expected to be incurred in processing the application. The department shall inform the applicant of that amount and require the applicant to make periodic payments of the costs pursuant to a cost reimbursement agreement. The cost reimbursement agreement shall provide for payment of 25 percent of the estimated costs when the applicant submits the application. If costs of the evaluation exceed the estimate, the applicant shall pay any excess costs shown in an itemized statement prepared by the council. In no event shall the council incur evaluation expenses in excess of 110 percent of the fee initially estimated unless the council provided prior notification to the applicant and a detailed projected budget the council believes is necessary to complete the project. If costs are less than the fee paid, the council shall refund the excess to the applicant.

      (4) Any person who is delinquent in the payment of fees under subsections (1) to (3) of this section shall be subject to the provisions of subsection (11) of this section.

      (5) Subject to the provisions of ORS 469.441, each holder of a certificate shall pay an annual fee, due every July 1 following issuance of a site certificate. For each fiscal year, upon approval of the department’s budget authorization by an odd-numbered year regular session of the Legislative Assembly or as revised by the Emergency Board meeting in an interim period or by the Legislative Assembly meeting in special session or in an even-numbered year regular session, the Director of the State Department of Energy promptly shall enter an order establishing an annual fee based on the amount of revenues that the director estimates is needed to fund the cost of ensuring that the facility is being operated consistently with the terms and conditions of the site certificate, any order issued by the department under ORS 469.405 (3) and any applicable health or safety standards. In determining this cost, the director shall include both the actual direct cost to be incurred by the council and the department to ensure that the facility is being operated consistently with the terms and conditions of the site certificate, any order issued by the department under ORS 469.405 (3) and any applicable health or safety standards, and the general costs to be incurred by the council and the department to ensure that all certificated facilities are being operated consistently with the terms and conditions of the site certificates, any orders issued by the department under ORS 469.405 (3) and any applicable health or safety standards that cannot be allocated to an individual, licensed facility. Not more than 35 percent of the annual fee charged each facility shall be for the recovery of these general costs. The fees for direct costs shall reflect the size and complexity of the facility and its certificate conditions.

      (6) Each holder of a site certificate executed after July 1 of any fiscal year shall pay a fee for the remaining portion of the year. The amount of the fee shall be set at the cost of regulating the facility during the remaining portion of the year determined in the same manner as the annual fee.

      (7) When the actual costs of regulation incurred by the council and the department for the year, including that portion of the general regulation costs that have been allocated to a particular facility, are less than the annual fees for that facility, the unexpended balance shall be refunded to the site certificate holder. When the actual regulation costs incurred by the council and the department for the year, including that portion of the general regulation costs that have been allocated to a particular facility, are projected to exceed the annual fee for that facility, the director may issue an order revising the annual fee.

      (8)(a) In addition to any other fees required by law, each energy resource supplier shall pay to the department annually its share of an assessment to fund the programs and activities of the council and the department.

      (b) Prior to filing budget forms under ORS 291.208 for purposes related to the compilation and preparation of the Governor’s budget under ORS 291.216, the director shall determine the projected aggregate amount of revenue to be collected from energy resource suppliers under this subsection that will be necessary to fund the programs and activities of the council and the department for each fiscal year of the upcoming biennium. After making that determination, the director shall convene a public meeting with representatives of energy resource suppliers and other interested parties for the purpose of providing energy resource suppliers with a full accounting of:

      (A) The projected revenue needed to fund each department program or activity; and

      (B) The projected allocation of moneys derived from the assessment imposed under this subsection to each department program or activity.

      (c) Upon approval of the budget authorization of the council and the department by an odd-numbered year regular session of the Legislative Assembly, the director shall promptly enter an order establishing the amount of revenues required to be derived from an assessment pursuant to this subsection in order to fund programs and activities that the council and the department are charged with administering and authorized to conduct under the laws of this state, including those enumerated in ORS 469.030, for the first fiscal year of the forthcoming biennium. On or before June 1 of each even-numbered year, the director shall enter an order establishing the amount of revenues required to be derived from an assessment pursuant to this subsection in order to fund the programs and activities that the council and the department are charged with administering and authorized to conduct under the laws of this state, including those enumerated in ORS 469.030, for the second fiscal year of the biennium. The order shall take into account any revisions to the biennial budget of the council and the department made by the Emergency Board meeting in an interim period or by the Legislative Assembly meeting in special session or in an even-numbered year regular session.

      (d) Each order issued by the director pursuant to paragraph (c) of this subsection shall allocate the aggregate assessment set forth in the order to energy resource suppliers in accordance with paragraph (e) of this subsection.

      (e) The amount assessed to an energy resource supplier shall be based on the ratio which that supplier’s annual gross operating revenue derived within this state in the preceding calendar year bears to the total gross operating revenue derived within this state during that year by all energy resource suppliers. The assessment against an energy resource supplier shall not exceed 0.375 percent of the supplier’s gross operating revenue derived within this state in the preceding calendar year. The director shall exempt from payment of an assessment any individual energy resource supplier whose calculated share of the annual assessment is less than $250.

      (f) The director shall send each energy resource supplier subject to assessment pursuant to this subsection a copy of each order issued by registered or certified mail or through use of an electronic medium with electronic receipt verification. The amount assessed to the energy resource supplier pursuant to the order shall be considered to the extent otherwise permitted by law a government-imposed cost and recoverable by the energy resource supplier as a cost included within the price of the service or product supplied.

      (g) The amounts assessed to individual energy resource suppliers pursuant to paragraph (e) of this subsection shall be paid to the department as follows:

      (A) Amounts assessed for the first fiscal year of a biennium shall be paid not later than 90 days following adjournment sine die of the odd-numbered year regular session of the Legislative Assembly; and

      (B) Amounts assessed for the second fiscal year of a biennium shall be paid not later than July 1 of each even-numbered year or 90 days following adjournment sine die of the even-numbered year regular session of the Legislative Assembly, whichever is later.

      (h) An energy resource supplier shall provide the director, on or before May 1 of each year, a verified statement showing its gross operating revenues derived within the state for the calendar or fiscal year that was used by the energy resource supplier for the purpose of reporting federal income taxes for the preceding calendar or fiscal year. The statement must be in the form prescribed by the director and is subject to audit by the director. The statement must include an entry showing the total operating revenue derived by petroleum suppliers from fuels sold that are subject to the requirements of Article IX, section 3a, of the Oregon Constitution, and ORS 319.020 with reference to aircraft fuel and motor vehicle fuel, and ORS 319.530. The director may grant an extension of not more than 15 days for the requirements of this subsection if:

      (A) The energy supplier makes a showing of hardship caused by the deadline;

      (B) The energy supplier provides reasonable assurance that the energy supplier can comply with the revised deadline; and

      (C) The extension of time does not prevent the council or the department from fulfilling its statutory responsibilities.

      (i) As used in this section:

      (A) “Energy resource supplier” means an electric utility, natural gas utility or petroleum supplier supplying, generating, transmitting or distributing electricity, natural gas or petroleum products in Oregon.

      (B) “Gross operating revenue” means gross receipts from sales or service made or provided within this state during the regular course of the energy supplier’s business, but does not include either revenue derived from interutility sales within the state or revenue received by a petroleum supplier from the sale of fuels that are subject to the requirements of Article IX, section 3a, of the Oregon Constitution, or ORS 319.020 or 319.530.

      (C) “Petroleum supplier” has the meaning given that term in ORS 469.020.

      (j) In determining the amount of revenues that must be derived from any class of energy resource suppliers by assessment pursuant to this subsection, the director shall take into account all other known or readily ascertainable sources of revenue to the council and department, including, but not limited to, fees imposed under this section and federal funds, and may take into account any funds previously assessed pursuant to ORS 469.420 (1979 Replacement Part) or section 7, chapter 792, Oregon Laws 1981.

      (k) Orders issued by the director pursuant to this section shall be subject to judicial review under ORS 183.484. The taking of judicial review shall not operate to stay the obligation of an energy resource supplier to pay amounts assessed to it on or before the statutory deadline.

      (9)(a) In addition to any other fees required by law, each operator of a nuclear fueled thermal power plant or nuclear installation within this state shall pay to the department annually on July 1 an assessment in an amount determined by the director to be necessary to fund the activities of the state and the counties associated with emergency preparedness for a nuclear fueled thermal power plant or nuclear installation. The assessment shall not exceed $461,250 per year. Moneys collected as assessments under this subsection are continuously appropriated to the department for this purpose.

      (b) The department shall maintain and cause other state agencies and counties to maintain time and billing records for the expenditure of any fees collected from an operator of a nuclear fueled thermal power plant under paragraph (a) of this subsection.

      (10) Reactors operated by a college, university or graduate center for research purposes and electric utilities not connected to the Northwest Power Grid are exempt from the fee requirements of subsections (5), (8) and (9) of this section.

      (11)(a) All fees assessed by the director against holders of site certificates for facilities that have an installed capacity of 500 megawatts or greater may be paid in several installments, the schedule for which shall be negotiated between the director and the site certificate holder.

      (b) Energy resource suppliers or applicants or holders of a site certificate who fail to pay a fee provided under subsections (1) to (9) of this section or the fees required under ORS 469.360 after it is due and payable shall pay, in addition to that fee, a penalty of two percent of the fee a month for the period that the fee is past due. Any payment made according to the terms of a schedule negotiated under paragraph (a) of this subsection shall not be considered past due. The director may bring an action to collect an unpaid fee or penalty in the name of the State of Oregon in a court of competent jurisdiction. The court may award reasonable attorney fees to the director if the director prevails in an action under this subsection. The court may award reasonable attorney fees to a defendant who prevails in an action under this subsection if the court determines that the director had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court. [1981 c.792 §5 (enacted in lieu of 469.420); 1983 c.273 §5; 1987 c.450 §2; 1989 c.88 §4; 1993 c.569 §14; 1995 c.505 §14; 1995 c.542 §1; 1995 c.551 §11; 1995 c.618 §74a; 1995 c.696 §22; 1997 c.249 §166; 1999 c.385 §6; 2001 c.683 §13; 2003 c.186 §30; 2009 c.11 §67; 2009 c.753 §76; 2011 c.545 §26; 2013 c.656 §1]

 

      Note: Section 19, chapter 656, Oregon Laws 2013, provides:

      Sec. 19. The amendments to ORS 469.421 by section 1 of this 2013 Act apply to the establishment of the amount required to fund the activities and programs of the Energy Facility Siting Council and the State Department of Energy for the 2015-2017 biennium and subsequent biennia. [2013 c.656 §19]

 

      Note: Sections 47a and 49, chapter 753, Oregon Laws 2009, provide:

      Sec. 47a. Notwithstanding ORS 469.441, in addition to any assessment imposed under ORS 469.421 (8), the State Department of Energy may impose a special assessment on energy resource suppliers that are subject to the assessment described in ORS 469.421 (8). The special assessment authorized under this section may not exceed $300,000. The department shall calculate the share of the special assessment to be paid by an energy resource supplier based on the most recent gross operating revenue ratio determined for that supplier under ORS 469.421 (8)(e) as of the special assessment date. The department may not impose the special assessment authorized under this section more than once and may not impose the special assessment after July 1, 2010. Moneys received by the department from the special assessment must be deposited to the Energy Project Supplemental Fund and used to pay costs incurred by the department or the Director of the State Department of Energy in implementing or administering loan programs for small scale local energy projects. [2009 c.753 §47a; 2013 c.656 §2]

      Sec. 49. Sections 42, 43, 44, 45 and 47a, chapter 753, Oregon Laws 2009, are repealed January 2, 2016. [2009 c.753 §49; 2010 c.92 §15; 2013 c.8 §18]

 

      469.424 Energy resource suppliers; notice regarding comments in proceedings; rules. (1) As used in this section, “energy resource supplier” has the meaning given that term in ORS 469.421.

      (2)(a) If the State Department of Energy submits comments or written or oral testimony in a rulemaking, contested case, ratemaking or other proceeding conducted by another agency, as defined in ORS 183.310, and if the comment or testimony is about a substantive matter at issue in the proceeding, the department shall provide, once for each proceeding, notice to energy resource suppliers as described in this section.

      (b) If the department submits written comments or intervenes in a proceeding conducted by a federal agency, the department shall provide, once for each proceeding, notice to energy resource suppliers as described in this section.

      (c) This section does not apply to:

      (A) The department’s participation in a procedural matter related to a proceeding described in paragraph (a) or (b) of this subsection;

      (B) The department’s participation in a federal facility siting proceeding;

      (C) The department’s work with the Energy Facility Siting Council;

      (D) The department’s work on nuclear safety and emergency preparedness; or

      (E) Federal judicial or legislative proceedings.

      (3) The department shall create and maintain a list of energy resource suppliers that request to receive notice described in subsection (2) of this section. The department may create separate lists for the different types of proceedings.

      (4) Notice provided under this section may be provided by electronic mail and must include a description of the department’s interest in the proceeding.

      (5) Except as provided in subsection (6) of this section, notice must be provided under this section:

      (a) No later than seven days before submitting initial comments on a substantive matter at issue in a rulemaking proceeding described in subsection (2)(a) of this section or a proceeding involving the adoption of federal regulations;

      (b) No later than 15 days before submitting initial comments or written or oral testimony on a substantive matter at issue in a contested case, ratemaking or other proceeding described in subsection (2)(a) of this section; or

      (c) No later than 15 days before submitting initial written comments or written testimony on a substantive matter at issue in a proceeding conducted by a federal agency other than a proceeding involving the adoption of federal regulations.

      (6) If providing notice in accordance with subsection (5) of this section is prejudicial to the department’s ability to participate in a rulemaking, contested case, ratemaking or other proceeding described in subsection (2) of this section, the department may provide notice as soon as it is practicable to provide notice. If the department provides notice as described in this subsection, the department shall include in the notice an explanation of why providing notice in accordance with subsection (5) of this section is prejudicial to the department.

      (7) The department may adopt rules as necessary to implement this section. [2013 c.656 §6]

 

      Note: 469.424 was added to and made a part of 469.300 to 469.563 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      469.426 Advisory group; energy resource suppliers. (1) The Director of the State Department of Energy shall convene an advisory work group composed of stakeholders representing energy resource suppliers, the customers who ultimately pay for the energy supplier assessment imposed under ORS 469.421 (8) through their energy bills and other groups that have an interest in the provision and regulation of energy in this state.

      (2) The advisory work group shall review and make recommendations on the State Department of Energy’s proposals related to:

      (a) Planning, policy and technical analysis;

      (b) Legislative concepts; and

      (c) The department’s requested budget.

      (3) The work group shall meet at least two times per year at the call of the director. [2013 c.656 §3]

 

      Note: 469.426 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.

 

      469.430 Site inspections. The Energy Facility Siting Council has continuing authority over the site for which the site certificate is issued and may inspect, or direct the State Department of Energy to inspect, or request another state agency or local government to inspect, the site at any time in order to assure that the facility is being operated consistently with the terms and conditions of the site certificate or any order issued by the department under ORS 469.405 (3). The council shall avoid duplication of effort with site inspections by other state and federal agencies and local governments that have issued permits or licenses for the facility. [Formerly 453.415; 1993 c.569 §15; 1995 c.505 §16; 1999 c.385 §7]

 

      469.440 Grounds for revocation or suspension of certificates. Pursuant to the procedures for contested cases in ORS chapter 183, a site certificate or an amended site certificate may be revoked or suspended:

      (1) For failure to comply with the terms or conditions of the site certificate or amended site certificate;

      (2) For violation of the provisions of ORS 469.525 to 469.563, 469.590 to 469.619, 469.930 and 469.992 or rules adopted pursuant to ORS 469.525 to 469.563, 469.590 to 469.619, 469.930 and 469.992; or

      (3) If the site certificate was executed prior to July 2, 1975, for violation of the provisions of ORS 469.300 to 469.520 or rules adopted pursuant to ORS 469.300 to 469.520 or for failure to comply with applicable health or safety standards. [Formerly 453.425; 1993 c.569 §16; 1995 c.505 §17; 1999 c.385 §8]

 

      469.441 Justification of fees charged; judicial review. (1) All expenses incurred by the Energy Facility Siting Council and the State Department of Energy under ORS 469.360 (1) and 469.421 that are charged to or allocated to the fee paid by an applicant or the holder of a site certificate shall be necessary, just and reasonable. Upon request, the department or the council shall provide a detailed justification for all charges to the applicant or site certificate holder. Not later than January 1 of each odd-numbered year, the council by order shall establish a schedule of fees which those persons submitting a notice of intent, a request for an exemption, a request for a pipeline described in ORS 469.405 (3) or a request for an expedited review must submit under ORS 469.421 at the time of submitting the notice of intent, request for exemption, request for pipeline or request for expedited review. The fee schedule shall be designed to recover the council’s actual costs of evaluating the notice of intent, request for exemption, request for pipeline or request for expedited review subject to any applicable expenditure limitation in the council’s budget. Fees shall be based upon actual, historical costs incurred by the council and department to the extent historical costs are available. The fees established by the schedule shall reflect the size and complexity of the project for which a notice of intent, request for exemption, request for pipeline or request for expedited review is submitted, whether the notice of intent, request for exemption, request for pipeline or request for expedited review is for a new or existing facility and other appropriate variables having an effect on the expense of evaluation.

      (2) If a dispute arises regarding the necessity or reasonableness of expenses charged to or allocated to the fee paid by an applicant or site certificate holder, the applicant or holder may seek judicial review for the amount of expenses charged or allocated in circuit court as provided in ORS 183.480, 183.484, 183.490 and 183.500. If the applicant or holder establishes that any of the charges or allocations are unnecessary or unreasonable, the council or the department shall refund the amount found to be unnecessary or unreasonable. The applicant or holder shall not waive the right to judicial review by paying the portion of the fee or expense in dispute. [1989 c.88 §8; 1993 c.569 §17; 1999 c.385 §9]

 

(High Voltage Transmission Lines)

 

      469.442 Procedure prior to construction of transmission line in excess of 230,000 volts; review committee. (1) Any person who proposes to construct a transmission line in excess of 230,000 volts capacity that is not otherwise under the jurisdiction of the Energy Facility Siting Council shall:

      (a) Give public notice of the proposed action at least six months before beginning any process to obtain local permits required for the proposed transmission line. Notification shall be given:

      (A) By publication once a week for four consecutive weeks in a newspaper of general circulation in the county or counties in which the transmission line is to be constructed; and

      (B) To the governing bodies and planning directors of cities and counties which are within or partially within the project study area.

      (b) Provide an opportunity for public comment on the proposed transmission line and conduct public meetings to review the proposal.

      (c) Respond specifically and in writing to local concerns and recommendations regarding the proposed transmission line.

      (2) The Director of the State Department of Energy shall establish a committee to include technical experts and members of the public to coordinate public review of a proposed transmission line under subsection (1) of this section when requested to do so by ordinance or resolution of the affected governing body.

      (3) At the conclusion of the public review, the committee shall make a summary report to the affected governing body including public concerns and recommendations concerning the proposed transmission line.

      (4) The scope of work and cost of conducting the review shall be negotiated between the State Department of Energy and the project sponsor. The negotiated cost shall be paid by the project sponsor.

      (5) Subsections (1) to (4) of this section shall not apply to a person who proposes to construct transmission lines entirely within 500 feet of an existing corridor occupied by transmission lines with a capacity in excess of 230,000 volts. [1987 c.200 §2; 1993 c.569 §18]

 

      469.445 [1987 c.200 §3; repealed by 1993 c.569 §31]

 

(Administration)

 

      469.450 Energy Facility Siting Council; appointment; confirmation; term; restrictions. (1) There is established in the State Department of Energy an Energy Facility Siting Council, consisting of seven public members, who shall be appointed by the Governor, subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.

      (2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment, but no member shall serve more than two full terms. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

      (3) No member of the council shall be an employee, director or retired employee or director of, or a consultant to, or have any pecuniary interest, other than an incidental interest which is disclosed and made a matter of public record at the time of the appointment to the council, in:

      (a) Any corporation or utility operating or interested in establishing an energy facility in this state; or

      (b) Any manufacturer of equipment related to the operation or establishment of an energy facility in this state.

      (4) No member shall for two years after the expiration of the term of the member accept employment with an owner or operator of an energy facility that is subject to ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992.

      (5) Employment of a person in violation of this section shall be grounds for revocation of any license issued by this state or an agency of this state that is held by the owner or operator of the energy facility that employs the person.

      (6) The State Department of Energy shall provide clerical and staff support to the council and fund the activities of the council through fees collected under ORS 469.421. [Formerly 453.435; 1995 c.551 §12; 2013 c.656 §10]

 

      469.460 Officers; meetings; compensation and expenses. (1) The Energy Facility Siting Council shall annually elect from among its members a chairperson and vice chairperson with such powers and duties as the council imposes in accordance with ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992. The council may meet as often as it requires at a time and place determined by the council. Five members constitute a quorum. The Governor or the chairperson of the council may call a special meeting, to be held at any place in this state designated by the person calling the meeting, upon 24 hours’ notice to each member and to the public.

      (2) Council members shall be entitled to compensation and expenses as provided in ORS 292.495. [Formerly 453.445]

 

      469.470 Powers and duties; rules. The Energy Facility Siting Council shall:

      (1) Conduct and prepare, independently or in cooperation with others, studies, investigations, research and programs relating to all aspects of site selection.

      (2) In accordance with the applicable provisions of ORS chapter 183, and subject to the provisions of ORS 469.501 (3), adopt standards and rules to perform the functions vested by law in the council including the adoption of standards and rules for the siting of energy facilities pursuant to ORS 469.501, and implementation of the energy policy of the State of Oregon set forth in ORS 469.010 and 469.310.

      (3) Encourage voluntary cooperation by the people, municipalities, counties, industries, agriculture, and other pursuits, in performing the functions vested by law in the council.

      (4) Advise, consult, and cooperate with other agencies of the state, political subdivisions, industries, other states, the federal government and affected groups, in furtherance of the purposes of ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992.

      (5) Consult with the Water Resources Commission on the need for power and other areas within the expertise of the council when the Water Resources Commission is determining whether to allocate water for hydroelectric development.

      (6) Perform such other and further acts as may be necessary, proper or desirable to carry out effectively the duties, powers and responsibilities of the council described in ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992. [Formerly 453.455; 1991 c.480 §7; 1993 c.544 §5; 1993 c.569 §19; 1995 c.505 §18]

 

      469.480 Local government advisory group; special advisory groups; compensation and expenses; Electric and Magnetic Field Committee; rules. (1) The Energy Facility Siting Council shall designate as a special advisory group the governing body of any local government within whose jurisdiction the facility is proposed to be located.

      (2) In addition to advisory groups required by subsection (1) of this section the council may establish such special advisory groups as are considered necessary. Such advisory groups shall include membership as determined by the council to represent interests and disciplines as needed to carry out the responsibility assigned to such advisory groups, which shall report findings, recommendations and decisions to the council.

      (3) Subject to applicable laws regulating travel and other expenses of state officers and employees, members of any advisory committee appointed under subsection (1) of this section shall receive no compensation but may receive their actual and necessary travel and other expenses incurred in the performance of their official duties.

      (4) The council by rule shall form an Electric and Magnetic Field Committee which shall meet at the call of the council chair. The committee shall include representatives of the public, utilities, manufacturers and state agencies. The committee shall monitor information being developed on electric and magnetic fields and report the committee’s findings to the council. The council shall report the findings of the Electric and Magnetic Field Committee to the Legislative Assembly. [Formerly 453.475; 1991 c.491 §1; 1993 c.569 §20; 1995 c.551 §17]

 

(Rules; Standards; Compliance)

 

      469.490 Adoption of rules; determination of validity. All rules adopted by the Energy Facility Siting Council pursuant to ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992 shall be adopted in the manner required by ORS chapter 183. The validity of any rule adopted by the council may be determined only upon a petition by any person to the Supreme Court. The petition must be filed within 60 days after the date the rule becomes effective under ORS 183.355. The review by the Supreme Court of the validity of any rule adopted by the council shall otherwise be according to ORS 183.400. The Supreme Court shall give priority on its docket to such a petition for review. [Formerly 453.495; 1995 c.505 §19]

 

      469.500 [Formerly 453.505; repealed by 1993 c.569 §21 (469.501, 469.503, 469.505 and 469.507 enacted in lieu of 469.500 and 469.510)]

 

      469.501 Energy facility siting, construction, operation and retirement standards; exemptions; rules. (1) The Energy Facility Siting Council shall adopt standards for the siting, construction, operation and retirement of facilities. The standards may address but need not be limited to the following subjects:

      (a) The organizational, managerial and technical expertise of the applicant to construct and operate the proposed facility.

      (b) Seismic hazards.

      (c) Areas designated for protection by the state or federal government, including but not limited to monuments, wilderness areas, wildlife refuges, scenic waterways and similar areas.

      (d) The financial ability and qualifications of the applicant.

      (e) Effects of the facility, taking into account mitigation, on fish and wildlife, including threatened and endangered fish, wildlife or plant species.

      (f) Impacts of the facility on historic, cultural or archaeological resources listed on, or determined by the State Historic Preservation Officer to be eligible for listing on, the National Register of Historic Places or the Oregon State Register of Historic Properties.

      (g) Protection of public health and safety, including necessary safety devices and procedures.

      (h) The accumulation, storage, disposal and transportation of nuclear waste.

      (i) Impacts of the facility on recreation, scenic and aesthetic values.

      (j) Reduction of solid waste and wastewater generation to the extent reasonably practicable.

      (k) Ability of the communities in the affected area to provide sewers and sewage treatment, water, storm water drainage, solid waste management, housing, traffic safety, police and fire protection, health care and schools.

      (L) The need for proposed nongenerating facilities as defined in ORS 469.503, consistent with the state energy policy set forth in ORS 469.010 and 469.310. The council may consider least-cost plans when adopting a need standard or in determining whether an applicable need standard has been met. The council shall not adopt a standard requiring a showing of need or cost-effectiveness for generating facilities as defined in ORS 469.503.

      (m) Compliance with the statewide planning goals adopted by the Land Conservation and Development Commission as specified by ORS 469.503.

      (n) Soil protection.

      (o) For energy facilities that emit carbon dioxide, the impacts of those emissions on climate change. For fossil-fueled power plants, as defined in ORS 469.503, the council shall apply a standard as provided for by ORS 469.503 (2).

      (2) The council may adopt exemptions from any need standard adopted under subsection (1)(L) of this section if the exemption is consistent with the state’s energy policy set forth in ORS 469.010 and 469.310.

      (3)(a) The council may issue a site certificate for a facility that does not meet one or more of the applicable standards adopted under subsection (1) of this section if the council determines that the overall public benefits of the facility outweigh any adverse effects on a resource or interest protected by the applicable standards the facility does not meet.

      (b) The council by rule shall specify the criteria by which the council makes the determination described in paragraph (a) of this subsection.

      (4) Notwithstanding subsection (1) of this section, the council may not impose any standard developed under subsection (1)(b), (f), (j) or (k) of this section to approve or deny an application for an energy facility producing power from wind, solar or geothermal energy. However, the council may, to the extent it determines appropriate, apply any standards adopted under subsection (1)(b), (f), (j) or (k) of this section to impose conditions on any site certificate issued for any energy facility. [1993 c.569 §22 (469.501, 469.503, 469.505 and 469.507 enacted in lieu of 469.500 and 469.510); 1995 c.505 §20; 1997 c.428 §3; 2001 c.134 §7; 2013 c.263 §1]

 

      469.503 Requirements for approval of energy facility site certificate; carbon dioxide emissions standard; offset funds; use of offset funds by qualifying organization; rules. In order to issue a site certificate, the Energy Facility Siting Council shall determine that the preponderance of the evidence on the record supports the following conclusions:

      (1) The facility complies with the applicable standards adopted by the council pursuant to ORS 469.501 or the overall public benefits of the facility outweigh any adverse effects on a resource or interest protected by the applicable standards the facility does not meet.

      (2) If the energy facility is a fossil-fueled power plant, the energy facility complies with any applicable carbon dioxide emissions standard adopted by the council or enacted by statute. Base load gas plants shall comply with the standard set forth in subsection (2)(a) of this section. Other fossil-fueled power plants shall comply with any applicable standard adopted by the council by rule pursuant to subsection (2)(b) of this section. Subsections (2)(c) and (d) of this section prescribe the means by which an applicant may comply with the applicable standard.

      (a) The net carbon dioxide emissions rate of the proposed base load gas plant shall not exceed 0.70 pounds of carbon dioxide emissions per kilowatt hour of net electric power output, with carbon dioxide emissions and net electric power output measured on a new and clean basis. Notwithstanding the foregoing, the council may by rule modify the carbon dioxide emissions standard for base load gas plants if the council finds that the most efficient stand-alone combined cycle, combustion turbine, natural gas-fired energy facility that is commercially demonstrated and operating in the United States has a net heat rate of less than 7,200 Btu per kilowatt hour higher heating value adjusted to ISO conditions. In modifying the carbon dioxide emission standard, the council shall determine the rate of carbon dioxide emissions per kilowatt hour of net electric output of such energy facility, adjusted to ISO conditions, and reset the carbon dioxide emissions standard at 17 percent below this rate.

      (b) The council shall adopt carbon dioxide emissions standards for other types of fossil-fueled power plants. Such carbon dioxide emissions standards shall be promulgated by rule. In adopting or amending such carbon dioxide emissions standards, the council shall consider and balance at least the following principles, the findings on which shall be contained in the rulemaking record:

      (A) Promote facility fuel efficiency;

      (B) Promote efficiency in the resource mix;

      (C) Reduce net carbon dioxide emissions;

      (D) Promote cogeneration that reduces net carbon dioxide emissions;

      (E) Promote innovative technologies and creative approaches to mitigating, reducing or avoiding carbon dioxide emissions;

      (F) Minimize transaction costs;

      (G) Include an alternative process that separates decisions on the form and implementation of offsets from the final decision on granting a site certificate;

      (H) Allow either the applicant or third parties to implement offsets;

      (I) Be attainable and economically achievable for various types of power plants;

      (J) Promote public participation in the selection and review of offsets;

      (K) Promote prompt implementation of offset projects;

      (L) Provide for monitoring and evaluation of the performance of offsets; and

      (M) Promote reliability of the regional electric system.

      (c) The council shall determine whether the applicable carbon dioxide emissions standard is met by first determining the gross carbon dioxide emissions that are reasonably likely to result from the operation of the proposed energy facility. Such determination shall be based on the proposed design of the energy facility. The council shall adopt site certificate conditions to ensure that the predicted carbon dioxide emissions are not exceeded on a new and clean basis. For any remaining emissions reduction necessary to meet the applicable standard, the applicant may elect to use any of subparagraphs (A) to (D) of this paragraph, or any combination thereof. The council shall determine the amount of carbon dioxide or other greenhouse gas emissions reduction that is reasonably likely to result from the applicant’s offsets and whether the resulting net carbon dioxide emissions meet the applicable carbon dioxide emissions standard. For purposes of determining the net carbon dioxide emissions, the council shall by rule establish the global warming potential of each greenhouse gas based on a generally accepted scientific method, and convert any greenhouse gas emissions to a carbon dioxide equivalent. Unless otherwise provided by the council by rule, the global warming potential of methane is 23 times that of carbon dioxide, and the global warming potential of nitrous oxide is 296 times that of carbon dioxide. If the council or a court on judicial review concludes that the applicant has not demonstrated compliance with the applicable carbon dioxide emissions standard under subparagraphs (A), (B) or (D) of this paragraph, or any combination thereof, and the applicant has agreed to meet the requirements of subparagraph (C) of this paragraph for any deficiency, the council or a court shall find compliance based on such agreement.

      (A) The facility will sequentially produce electrical and thermal energy from the same fuel source, and the thermal energy will be used to displace another source of carbon dioxide emissions that would have otherwise continued to occur, in which case the council shall adopt site certificate conditions ensuring that the carbon dioxide emissions reduction will be achieved.

      (B) The applicant or a third party will implement particular offsets, in which case the council may adopt site certificate conditions ensuring that the proposed offsets are implemented but shall not require that predicted levels of avoidance, displacement or sequestration of greenhouse gas emissions be achieved. The council shall determine the quantity of greenhouse gas emissions reduction that is reasonably likely to result from each of the proposed offsets based on the criteria in sub-subparagraphs (i) to (iii) of this subparagraph. In making this determination, the council shall not allow credit for offsets that have already been allocated or awarded credit for greenhouse gas emissions reduction in another regulatory setting. In addition, the fact that an applicant or other parties involved with an offset may derive benefits from the offset other than the reduction of greenhouse gas emissions is not, by itself, a basis for withholding credit for an offset.

      (i) The degree of certainty that the predicted quantity of greenhouse gas emissions reduction will be achieved by the offset;

      (ii) The ability of the council to determine the actual quantity of greenhouse gas emissions reduction resulting from the offset, taking into consideration any proposed measurement, monitoring and evaluation of mitigation measure performance; and

      (iii) The extent to which the reduction of greenhouse gas emissions would occur in the absence of the offsets.

      (C) The applicant or a third party agrees to provide funds in an amount deemed sufficient to produce the reduction in greenhouse gas emissions necessary to meet the applicable carbon dioxide emissions standard, in which case the funds shall be used as specified in paragraph (d) of this subsection. Unless modified by the council as provided below, the payment of 57 cents shall be deemed to result in a reduction of one ton of carbon dioxide emissions. The council shall determine the offset funds using the monetary offset rate and the level of emissions reduction required to meet the applicable standard. If a site certificate is approved based on this subparagraph, the council may not adjust the amount of such offset funds based on the actual performance of offsets. After three years from June 26, 1997, the council may by rule increase or decrease the monetary offset rate of 57 cents per ton of carbon dioxide emissions. Any change to the monetary offset rate shall be based on empirical evidence of the cost of offsets and the council’s finding that the standard will be economically achievable with the modified rate for natural gas-fired power plants. Following the initial three-year period, the council may increase or decrease the monetary offset rate no more than 50 percent in any two-year period.

      (D) Any other means that the council adopts by rule for demonstrating compliance with any applicable carbon dioxide emissions standard.

      (d) If the applicant elects to meet the applicable carbon dioxide emissions standard in whole or in part under paragraph (c)(C) of this subsection, the applicant shall identify the qualified organization. The applicant may identify an organization that has applied for, but has not received, an exemption from federal income taxation, but the council may not find that the organization is a qualified organization unless the organization is exempt from federal taxation under section 501(c)(3) of the Internal Revenue Code as amended and in effect on December 31, 1996. The site certificate holder shall provide a bond or comparable security in a form reasonably acceptable to the council to ensure the payment of the offset funds and the amount required under subparagraph (A)(ii) of this paragraph. Such security shall be provided by the date specified in the site certificate, which shall be no later than the commencement of construction of the facility. The site certificate shall require that the offset funds be disbursed as specified in subparagraph (A) of this paragraph, unless the council finds that no qualified organization exists, in which case the site certificate shall require that the offset funds be disbursed as specified in subparagraph (B) of this paragraph.

      (A) The site certificate holder shall disburse the offset funds and any other funds required by sub-subparagraph (ii) of this subparagraph to the qualified organization as follows:

      (i) When the site certificate holder receives written notice from the qualified organization certifying that the qualified organization is contractually obligated to pay any funds to implement offsets using the offset funds, the site certificate holder shall make the requested amount available to the qualified organization unless the total of the amount requested and any amounts previously requested exceeds the offset funds, in which case only the remaining amount of the offset funds shall be made available. The qualified organization shall use at least 80 percent of the offset funds for contracts to implement offsets. The qualified organization shall assess offsets for their potential to qualify in, generate credits in or reduce obligations in other regulatory settings. The qualified organization may use up to 20 percent of the offset funds for monitoring, evaluation, administration and enforcement of contracts to implement offsets.

      (ii) At the request of the qualified organization and in addition to the offset funds, the site certificate holder shall pay the qualified organization an amount equal to 10 percent of the first $500,000 of the offset funds and 4.286 percent of any offset funds in excess of $500,000. This amount shall not be less than $50,000 unless a lesser amount is specified in the site certificate. This amount compensates the qualified organization for its costs of selecting offsets and contracting for the implementation of offsets.

      (iii) Notwithstanding any provision to the contrary, a site certificate holder subject to this subparagraph shall have no obligation with regard to offsets, the offset funds or the funds required by sub-subparagraph (ii) of this subparagraph other than to make available to the qualified organization the total amount required under paragraph (c) of this subsection and sub-subparagraph (ii) of this subparagraph, nor shall any nonperformance, negligence or misconduct on the part of the qualified organization be a basis for revocation of the site certificate or any other enforcement action by the council with respect to the site certificate holder.

      (B) If the council finds there is no qualified organization, the site certificate holder shall select one or more offsets to be implemented pursuant to criteria established by the council. The site certificate holder shall give written notice of its selections to the council and to any person requesting notice. On petition by the State Department of Energy, or by any person adversely affected or aggrieved by the site certificate holder’s selection of offsets, or on the council’s own motion, the council may review such selection. The petition must be received by the council within 30 days of the date the notice of selection is placed in the United States mail, with first-class postage prepaid. The council shall approve the site certificate holder’s selection unless it finds that the selection is not consistent with criteria established by the council. The site certificate holder shall contract to implement the selected offsets within 18 months after commencing construction of the facility unless good cause is shown requiring additional time. The contracts shall obligate the expenditure of at least 85 percent of the offset funds for the implementation of offsets. No more than 15 percent of the offset funds may be spent on monitoring, evaluation and enforcement of the contract to implement the selected offsets. The council’s criteria for selection of offsets shall be based on the criteria set forth in paragraphs (b)(C) and (c)(B) of this subsection and may also consider the costs of particular types of offsets in relation to the expected benefits of such offsets. The council’s criteria shall not require the site certificate holder to select particular offsets, and shall allow the site certificate holder a reasonable range of choices in selecting offsets. In addition, notwithstanding any other provision of this section, the site certificate holder’s financial liability for implementation, monitoring, evaluation and enforcement of offsets pursuant to this subsection shall be limited to the amount of any offset funds not already contractually obligated. Nonperformance, negligence or misconduct by the entity or entities implementing, monitoring or evaluating the selected offset shall not be a basis for revocation of the site certificate or any other enforcement action by the council with respect to the site certificate holder.

      (C) Every qualified organization that has received funds under this paragraph shall, at five-year intervals beginning on the date of receipt of such funds, provide the council with the information the council requests about the qualified organization’s performance. The council shall evaluate the information requested and, based on such information, shall make any recommendations to the Legislative Assembly that the council deems appropriate.

      (e) As used in this subsection:

      (A) “Adjusted to ISO conditions” means carbon dioxide emissions and net electric power output as determined at 59 degrees Fahrenheit, 14.7 pounds per square inch atmospheric pressure and 60 percent humidity.

      (B) “Base load gas plant” means a generating facility that is fueled by natural gas, except for periods during which an alternative fuel may be used and when such alternative fuel use shall not exceed 10 percent of expected fuel use in Btu, higher heating value, on an average annual basis, and where the applicant requests and the council adopts no condition in the site certificate for the generating facility that would limit hours of operation other than restrictions on the use of alternative fuel. The council shall assume a 100 percent capacity factor for such plants and a 30-year life for the plants for purposes of determining gross carbon dioxide emissions.

      (C) “Carbon dioxide equivalent” means the global warming potential of a greenhouse gas reflected in units of carbon dioxide.

      (D) “Fossil-fueled power plant” means a generating facility that produces electric power from natural gas, petroleum, coal or any form of solid, liquid or gaseous fuel derived from such material.

      (E) “Generating facility” means those energy facilities that are defined in ORS 469.300 (11)(a)(A), (B) and (D).

      (F) “Global warming potential” means the determination of the atmospheric warming resulting from the release of a unit mass of a particular greenhouse gas in relation to the warming resulting from the release of the equivalent mass of carbon dioxide.

      (G) “Greenhouse gas” means carbon dioxide, methane and nitrous oxide.

      (H) “Gross carbon dioxide emissions” means the predicted carbon dioxide emissions of the proposed energy facility measured on a new and clean basis.

      (I) “Net carbon dioxide emissions” means gross carbon dioxide emissions of the proposed energy facility, less carbon dioxide or other greenhouse gas emissions avoided, displaced or sequestered by any combination of cogeneration or offsets.

      (J) “New and clean basis” means the average carbon dioxide emissions rate per hour and net electric power output of the energy facility, without degradation, as determined by a 100-hour test at full power completed during the first 12 months of commercial operation of the energy facility, with the results adjusted for the average annual site condition for temperature, barometric pressure and relative humidity and use of alternative fuels, and using a rate of 117 pounds of carbon dioxide per million Btu of natural gas fuel and a rate of 161 pounds of carbon dioxide per million Btu of distillate fuel, if such fuel use is proposed by the applicant. The council may by rule adjust the rate of pounds of carbon dioxide per million Btu for natural gas or distillate fuel. The council may by rule set carbon dioxide emissions rates for other fuels.

      (K) “Nongenerating facility” means those energy facilities that are defined in ORS 469.300 (11)(a)(C) and (E) to (I).

      (L) “Offset” means an action that will be implemented by the applicant, a third party or through the qualified organization to avoid, sequester or displace emissions.

      (M) “Offset funds” means the amount of funds determined by the council to satisfy the applicable carbon dioxide emissions standard pursuant to paragraph (c)(C) of this subsection.

      (N) “Qualified organization” means an entity that:

      (i) Is exempt from federal taxation under section 501(c)(3) of the Internal Revenue Code as amended and in effect on December 31, 1996;

      (ii) Either is incorporated in the State of Oregon or is a foreign corporation authorized to do business in the State of Oregon;

      (iii) Has in effect articles of incorporation that require that offset funds received pursuant to this section are used for offsets that require that decisions on the use of the offset funds are made by a decision-making body composed of seven voting members of which three are appointed by the council, three are Oregon residents appointed by the Bullitt Foundation or an alternative environmental nonprofit organization named by the body, and one is appointed by the applicants for site certificates that are subject to paragraph (d) of this subsection and the holders of such site certificates, and that require nonvoting membership on the body for holders of site certificates that have provided funds not yet disbursed under paragraph (d)(A) of this subsection;

      (iv) Has made available on an annual basis, beginning after the first year of operation, a signed opinion of an independent certified public accountant stating that the qualified organization’s use of funds pursuant to this statute conforms with generally accepted accounting procedures except that the qualified organization shall have one year to conform with generally accepted accounting principles in the event of a nonconforming audit;

      (v) Has to the extent applicable, except for good cause, entered into contracts obligating at least 60 percent of the offset funds to implement offsets within two years after the commencement of construction of the facility; and

      (vi) Has to the extent applicable, except for good cause, complied with paragraph (d)(A)(i) of this subsection.

      (3) Except as provided in ORS 469.504 for land use compliance and except for those statutes and rules for which the decision on compliance has been delegated by the federal government to a state agency other than the council, the facility complies with all other Oregon statutes and administrative rules identified in the project order, as amended, as applicable to the issuance of a site certificate for the proposed facility. If compliance with applicable Oregon statutes and administrative rules, other than those involving federally delegated programs, would result in conflicting conditions in the site certificate, the council may resolve the conflict consistent with the public interest. A resolution may not result in the waiver of any applicable state statute.

      (4) The facility complies with the statewide planning goals adopted by the Land Conservation and Development Commission. [1993 c.569 §23 (469.501, 469.503, 469.505 and 469.507 enacted in lieu of 469.500 and 469.510); 1995 c.505 §21; 1997 c.428 §4; 1999 c.365 §11; 2001 c.134 §10; 2003 c.186 §78; 2011 c.298 §2; 2013 c.263 §2]

 

      469.504 Facility compliance with statewide planning goals; exception; amendment of local plan and land use regulations; conflicts; technical assistance; rules. (1) A proposed facility shall be found in compliance with the statewide planning goals under ORS 469.503 (4) if:

      (a) The facility has received local land use approval under the acknowledged comprehensive plan and land use regulations of the affected local government; or

      (b) The Energy Facility Siting Council determines that:

      (A) The facility complies with applicable substantive criteria from the affected local government’s acknowledged comprehensive plan and land use regulations that are required by the statewide planning goals and in effect on the date the application is submitted, and with any Land Conservation and Development Commission administrative rules and goals and any land use statutes that apply directly to the facility under ORS 197.646;

      (B) For an energy facility or a related or supporting facility that must be evaluated against the applicable substantive criteria pursuant to subsection (5) of this section, that the proposed facility does not comply with one or more of the applicable substantive criteria but does otherwise comply with the applicable statewide planning goals, or that an exception to any applicable statewide planning goal is justified under subsection (2) of this section; or

      (C) For a facility that the council elects to evaluate against the statewide planning goals pursuant to subsection (5) of this section, that the proposed facility complies with the applicable statewide planning goals or that an exception to any applicable statewide planning goal is justified under subsection (2) of this section.

      (2) The council may find goal compliance for a facility that does not otherwise comply with one or more statewide planning goals by taking an exception to the applicable goal. Notwithstanding the requirements of ORS 197.732, the statewide planning goal pertaining to the exception process or any rules of the Land Conservation and Development Commission pertaining to an exception process goal, the council may take an exception to a goal if the council finds:

      (a) The land subject to the exception is physically developed to the extent that the land is no longer available for uses allowed by the applicable goal;

      (b) The land subject to the exception is irrevocably committed as described by the rules of the Land Conservation and Development Commission to uses not allowed by the applicable goal because existing adjacent uses and other relevant factors make uses allowed by the applicable goal impracticable; or

      (c) The following standards are met:

      (A) Reasons justify why the state policy embodied in the applicable goal should not apply;

      (B) The significant environmental, economic, social and energy consequences anticipated as a result of the proposed facility have been identified and adverse impacts will be mitigated in accordance with rules of the council applicable to the siting of the proposed facility; and

      (C) The proposed facility is compatible with other adjacent uses or will be made compatible through measures designed to reduce adverse impacts.

      (3) If compliance with applicable substantive local criteria and applicable statutes and state administrative rules would result in conflicting conditions in the site certificate or amended site certificate, the council shall resolve the conflict consistent with the public interest. A resolution may not result in a waiver of any applicable state statute.

      (4) An applicant for a site certificate shall elect whether to demonstrate compliance with the statewide planning goals under subsection (1)(a) or (b) of this section. The applicant shall make the election on or before the date specified by the council by rule.

      (5) Upon request by the State Department of Energy, the special advisory group established under ORS 469.480 shall recommend to the council, within the time stated in the request, the applicable substantive criteria under subsection (1)(b)(A) of this section. If the special advisory group does not recommend applicable substantive criteria within the time established in the department’s request, the council may either determine and apply the applicable substantive criteria under subsection (1)(b) of this section or determine compliance with the statewide planning goals under subsection (1)(b)(B) or (C) of this section. If the special advisory group recommends applicable substantive criteria for an energy facility described in ORS 469.300 or a related or supporting facility that does not pass through more than one local government jurisdiction or more than three zones in any one jurisdiction, the council shall apply the criteria recommended by the special advisory group. If the special advisory group recommends applicable substantive criteria for an energy facility as defined in ORS 469.300 (11)(a)(C) to (E) or a related or supporting facility that passes through more than one jurisdiction or more than three zones in any one jurisdiction, the council shall review the recommended criteria and determine whether to evaluate the proposed facility against the applicable substantive criteria recommended by the special advisory group, against the statewide planning goals or against a combination of the applicable substantive criteria and statewide planning goals. In making its determination, the council shall consult with the special advisory group and shall consider:

      (a) The number of jurisdictions and zones in question;

      (b) The degree to which the applicable substantive criteria reflect local government consideration of energy facilities in the planning process; and

      (c) The level of consistency of the applicable substantive criteria from the various zones and jurisdictions.

      (6) The council is not subject to ORS 197.180 and a state agency may not require an applicant for a site certificate to comply with any rules or programs adopted under ORS 197.180.

      (7) On or before its next periodic review, each affected local government shall amend its comprehensive plan and land use regulations as necessary to reflect the decision of the council pertaining to a site certificate or amended site certificate.

      (8) Notwithstanding ORS 34.020 or 197.825 or any other provision of law, the affected local government’s land use approval of a proposed facility under subsection (1)(a) of this section and the special advisory group’s recommendation of applicable substantive criteria under subsection (5) of this section shall be subject to judicial review only as provided in ORS 469.403. If the applicant elects to comply with subsection (1)(a) of this section, the provisions of this subsection shall apply only to proposed projects for which the land use approval of the local government occurs after the date a notice of intent or an application for expedited processing is submitted to the State Department of Energy.

      (9) The State Department of Energy, in cooperation with other state agencies, shall provide, to the extent possible, technical assistance and information about the siting process to local governments that request such assistance or that anticipate having a facility proposed in their jurisdiction. [1997 c.428 §5; 1999 c.385 §10; 2001 c.134 §11; 2003 c.186 §79; 2005 c.829 §12]

 

      Note: 469.504 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      469.505 Consultation with other agencies. (1) In making a determination regarding compliance with statutes, rules and ordinances administered by another agency or compliance with requirements of ORS 469.300 to 469.563 and 469.590 to 469.619 where another agency has special expertise, consultation with the other agency shall occur during the notice of intent and site certificate application process. Any permit application for which the permitting decision has been delegated by the federal government to a state agency other than the Energy Facility Siting Council shall be reviewed, whenever feasible, simultaneously with the council’s review of the site certificate application. Any hearings required on such permit applications shall be consolidated, whenever feasible, with hearings under ORS 469.300 to 469.563 and 469.590 to 469.619.

      (2) Before resolving any conflicting conditions in site certificates or amended site certificates under ORS 469.503 (3) and 469.504, the council shall notify and consult with the agencies and local governments responsible for administering the statutes, administrative rules or substantive local criteria that result in the conflicting conditions regarding potential conflict resolution. [1993 c.569 §24 (469.501, 469.503, 469.505 and 469.507 enacted in lieu of 469.500 and 469.510); 1997 c.428 §9; 1999 c.385 §11]

 

      469.507 Monitoring environmental and ecological effects of construction and operation of energy facilities. (1) The site certificate holder shall establish programs for monitoring the environmental and ecological effects of the construction and operation of facilities subject to site certificates to assure continued compliance with the terms and conditions of the certificate. The programs shall be subject to review and approval by the Energy Facility Siting Council.

      (2) The site certificate holder shall perform the testing and sampling necessary for the monitoring program or require the operator of the plant to perform the necessary testing or sampling pursuant to guidelines established by the Energy Facility Siting Council or its designee. The council and the Director of the State Department of Energy shall have access to operating logs, records and reprints of the certificate holder, including those required by federal agencies.

      (3) The monitoring program may be conducted in cooperation with any federally operated program if the information available from the federal program is acceptable to the council, but no federal program shall be substituted totally for monitoring supervised by the council or its designee.

      (4) The monitoring program shall include monitoring of the transportation process for all radioactive material removed from any nuclear fueled thermal power plant or nuclear installation. [1993 c.569 §25 (469.501, 469.503, 469.505 and 469.507 enacted in lieu of 469.500 and 469.510); 1995 c.505 §22]

 

      469.510 [Formerly 453.515; 1977 c.794 §15; repealed by 1993 c.569 §21 (469.501, 469.503, 469.505 and 469.507 enacted in lieu of 469.500 and 469.510)]

 

      469.520 Cooperation of state governmental bodies; adoption of rules by state agencies on energy facility development. (1) Each state agency and political subdivision in this state that is concerned with energy facilities shall inform the State Department of Energy, promptly of its activities and programs relating to energy and radiation.

      (2) Each state agency proposing to adopt, amend or rescind a rule relating to energy facility development first shall file a copy of its proposal with the council, which may order such changes as it considers necessary to conform to state policy as stated in ORS 469.010 and 469.310.

      (3) The effective date of a rule relating to energy facility development, or an amendment or rescission thereof, shall not be sooner than 10 days subsequent to the filing of a copy of such proposal with the council. [Formerly 453.525]

 

(Plant Operations; Radioactive Wastes)

 

      469.525 Radioactive waste disposal facilities prohibited; exceptions; rules. Notwithstanding any other provision of this chapter, no waste disposal facility for any radioactive waste shall be established, operated or licensed within this state, except as follows:

      (1) Wastes generated before June 1, 1981, through industrial or manufacturing processes which contain only naturally occurring radioactive isotopes which are disposed of at sites approved by the Energy Facility Siting Council in accordance with ORS 469.375.

      (2) Medical, industrial and research laboratory wastes contained in small, sealed, discrete containers in which the radioactive material is dissolved or dispersed in an organic solvent or biological fluid for the purpose of liquid scintillation counting and experimental animal carcasses shall be disposed of or treated at a hazardous waste disposal facility licensed by the Department of Environmental Quality and in a manner consistent with rules adopted by the Department of Environmental Quality after consultation with and approval by the Oregon Health Authority.

      (3) Maintenance of radioactive coal ash at the site of a thermal power plant for which a site certificate has been issued pursuant to this chapter shall not constitute operation of a waste disposal facility so long as such coal ash is maintained in accordance with the terms of the site certificate as amended from time to time as necessary to protect the public health and safety. [Formerly 459.630; 1979 c.283 §2; 1981 c.587 §2; 2009 c.595 §953]

 

      469.530 Review and approval of security programs. The Energy Facility Siting Council and the Director of the State Department of Energy shall review and approve all security programs attendant to a nuclear-fueled thermal power plant, a nuclear installation and the transportation of radioactive material derived from or destined for a nuclear-fueled thermal power plant or a nuclear installation. The council shall provide reasonable public notice of a meeting of the council held for purposes of such review and approval. [Formerly 453.535; 1981 c.707 §3; 1989 c.6 §1]

 

      469.533 State Department of Energy rules for health protection and evacuation procedures in nuclear emergency. Notwithstanding ORS chapter 401, the State Department of Energy in cooperation with the Oregon Health Authority and the Office of Emergency Management shall establish rules for the protection of health and procedures for the evacuation of people and communities who would be affected by radiation in the event of an accident or a catastrophe in the operation of a nuclear power plant or nuclear installation. [Formerly 453.765; 1983 c.586 §43; 2009 c.595 §954; 2009 c.718 §49]

 

      469.534 County procedures. Each county in this state that has a nuclear-fueled thermal power plant located within county boundaries and each county within this state that has any portion of its area located within 50 miles of a site within this state of a nuclear-fueled thermal power plant shall develop written procedures that are compatible with the rules adopted by the State Department of Energy under ORS 469.533. The department shall review the county procedures to determine whether they are compatible with the rules of the department. [1983 c.586 §46]

 

      469.535 Governor may assume control of emergency operations during nuclear accident or catastrophe. Notwithstanding ORS chapter 401, when an emergency exists because of an accident or catastrophe in the operation of a nuclear power plant or nuclear installation or in the transportation of radioactive material, the Governor, for the duration of the emergency, may:

      (1) Assume complete control of all emergency operations in the area affected by the accident or catastrophe, direct all rescue and salvage work and do all things deemed advisable and necessary to alleviate the immediate conditions.

      (2) Assume control of all police and law enforcement activities in such area, including the activities of all local police and peace officers.

      (3) Close all roads and highways in such area to traffic or by order of the Director of the State Department of Energy limit the travel on such roads to such extent as the director deems necessary and expedient.

      (4) Designate persons to coordinate the work of public and private relief agencies operating in such area and exclude from such area any person or agency refusing to cooperate with other agencies engaged in emergency work.

      (5) Require the aid and assistance of any state or other public or quasi-public agencies in the performance of duties and work attendant upon the emergency conditions in such area. [1983 c.586 §47; 2009 c.718 §50]

 

      469.536 Public utility to disseminate information under ORS 469.533. A public utility which operates a nuclear power plant or nuclear installation shall disseminate to the governing bodies of cities and counties that may be affected information approved by the State Department of Energy which explains rules or procedures adopted under ORS 469.533. [Formerly 453.770]

 

      469.540 Reductions or curtailment of operations for violation of safety standards; notice; time period for repairs; transport and disposal of radioactive materials. (1) In instances where the Director of the State Department of Energy determines either from the monitoring or surveillance of the director that there is danger of violation of a safety standard adopted under ORS 469.501 from the continued operation of a plant or installation, the director may order temporary reductions or curtailment of operations until such time as proper safety precautions can be taken.

      (2) An order of reduction or curtailment shall be entered only after notice to the thermal power plant or installation and only after a reasonable time, considering the extent of the danger, has been allowed for repairs or other alterations that would bring the plant or installation into conformity with applicable safety standards.

      (3) The director may order compliance or impose other safety conditions on the transport or disposal of radioactive materials or wastes if the director believes that ORS 469.300 to 469.619 and 469.930 or rules adopted pursuant thereto are being violated or are in danger of being violated. [Formerly 453.545; 1989 c.6 §2; 1993 c.569 §26; 2003 c.186 §31]

 

      469.550 Order for halt of plant operations or activities with radioactive material; notice. (1) Whenever in the judgment of the Director of the State Department of Energy from the results of monitoring or surveillance of operation of any nuclear-fueled thermal power plant or nuclear installation or based upon information from the Energy Facility Siting Council there is cause to believe that there is clear and immediate danger to the public health and safety from continued operation of the plant or installation, the director shall, in cooperation with appropriate state and federal agencies, without hearing or prior notice, order the operation of the plant halted by service of the order on the plant superintendent or other person charged with the operation thereof. Within 24 hours after such order, the director must appear in the appropriate circuit court to petition for the relief afforded under ORS 469.563 and may commence proceedings for revocation of the site certificate if grounds therefor exist.

      (2) Whenever, in the judgment of the director based upon monitoring or surveillance by the director, or based upon information from the council, there is cause to believe that there is clear and immediate danger to the public health and safety from the accumulation or storage of radioactive material located at a nuclear-fueled thermal power plant or a nuclear installation, the director shall in cooperation with appropriate state and federal agencies, without hearing or prior notice, order such accumulation, storage, disposal or transportation halted or immediately impose safety precautions by service of the order on the officer responsible for the accumulation, storage, disposal or transportation. Within 24 hours after such an order, the director must appear in the appropriate circuit court to petition for the relief afforded under ORS 469.563.

      (3)(a) If the director believes there is a clear and immediate danger to public health or safety, the director shall halt the transportation or disposal of radioactive material or waste.

      (b) The director shall serve an order to halt the transportation or disposal of radioactive material on the person responsible for the transport or disposal. The order may be served without prior hearing or notice.

      (c) Within 24 hours after the director serves an order under paragraph (b) of this subsection, the director shall petition the appropriate circuit court for relief under ORS 469.563.

      (4) The Governor, in the absence of the director, may issue orders and petition for judicial relief as provided in this section. [Formerly 453.555; 1977 c.794 §16; 1989 c.6 §3; 2003 c.186 §32]

 

      469.553 Active uranium mill or mill tailings disposal facility site certification required; procedure for review; fees. (1) Any person desiring to construct or operate an active uranium mill or uranium mill tailings disposal facility after June 25, 1979, shall file with the Energy Facility Siting Council a site certificate application.

      (2) The Energy Facility Siting Council shall review an application for a site certificate under this section using the procedure prescribed in ORS 469.350, 469.360, 469.370, 469.375, 469.401 and 469.403, for energy facilities. The council is authorized to assess fees in accordance with ORS 469.421 in connection with site certificates applied for or issued under this section. [1979 c.283 §7; 1987 c.633 §1; 1993 c.569 §27; 1995 c.505 §25]

 

      469.556 Rules governing uranium-related activities. The Energy Facility Siting Council shall adopt rules governing the location, construction and operation of uranium mills and uranium mill tailings disposal facilities and the treatment, storage and disposal of uranium mine overburden for the protection of the public health and safety and the environment. [1979 c.283 §8]

 

      469.559 Cooperative agreements authorized between council and federal officials and agencies; rules; powers of Governor; exception for inactive or abandoned site. (1) Notwithstanding the authority of the Oregon Health Authority pursuant to ORS 453.605 to 453.800 to regulate radiation sources or the requirements of ORS 469.525, the Energy Facility Siting Council may enter into and carry out cooperative agreements with the Secretary of Energy pursuant to Title I and the Nuclear Regulatory Commission pursuant to Title II of the Uranium Mill Tailings Radiation Control Act of 1978, Public Law 95-604, and perform or cause to be performed any and all acts necessary to be performed by the state, including the acquisition by condemnation or otherwise, retention and disposition of land or interests therein, in order to implement that Act and rules, standards and guidelines adopted pursuant thereto. The Energy Facility Siting Council may adopt, amend or repeal rules in accordance with ORS chapter 183 and may receive and disburse funds in connection with the implementation and administration of this section.

      (2) The Energy Facility Siting Council and the State Department of Energy may enter into and carry out cooperative agreements and arrangements with any agency of the federal government implementing the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C. section 9601 et seq., to clean up wastes and contaminated material, including overburden, created by uranium mining before June 29, 1989. Any such project need not obtain a site certificate from the council, but shall nevertheless comply with all applicable, relevant or appropriate state standards including but not limited to those set forth in ORS 469.375 and rules adopted by the council and other state agencies to implement such standards.

      (3) The Governor may do any and all things necessary to implement the requirements of the federal Acts referred to in subsections (1) and (2) of this section.

      (4) Notwithstanding ORS 469.553, after June 25, 1979, no site certificate is required for the cleanup and disposal of an inactive or abandoned uranium mill tailings site as authorized under subsection (1) of this section and Title I of the Uranium Mill Tailings Radiation Control Act of 1978, Public Law 95-604. [1979 c.283 §9; 1987 c.633 §2; 1989 c.496 §1; 2009 c.595 §955]

 

(Records)

 

      469.560 Records; public inspection; confidential information. (1) Except as provided in subsection (2) of this section and ORS 192.501 to 192.505, any information filed or submitted pursuant to ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992 shall be made available for public inspection and copying during regular office hours of the State Department of Energy at the expense of any person requesting copies.

      (2) Any information, other than that relating to the public safety, relating to secret process, device, or method of manufacturing or production obtained in the course of inspection, investigation or activities under ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992 shall be kept confidential and shall not be made a part of public record of any hearing. [Formerly 453.565]

 

(Insurance)

 

      469.561 Property insurance required; exceptions; filing of policy. (1) A person owning and operating a nuclear power plant in this state under a license issued by the United States Nuclear Regulatory Commission or under a site certificate issued under ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992 shall obtain and maintain property insurance in the maximum insurable amount available for each nuclear incident occurring within this state, as required by this section. The insurance shall cover property damage occurring within a nuclear plant and its related or supporting facilities as a result of the nuclear incident.

      (2) Insurance required under this section does not apply to:

      (a) Any claim of an employee of a person obtaining insurance under this section, if the claim is made under a state or federal workers’ compensation Act and if the employee is employed at the site of and in connection with the nuclear power plant at which the nuclear incident occurred; or

      (b) Any claim arising out of an act of war.

      (3) A person obtaining insurance under this section shall maintain insurance for the term of the license issued to the nuclear power plant by the United States Nuclear Regulatory Commission and for any extension of the term, and until all radioactive material has been removed from the nuclear power plant and transportation of the radioactive material from the nuclear power plant has ended.

      (4) A person obtaining insurance under this section shall file a copy of the insurance policy, any amendment to the policy and any superseding insurance policy with the Director of the State Department of Energy.

      (5) Property insurance required under this section is in addition to and not in lieu of insurance coverage provided under the Price-Anderson Act (42 U.S.C. 2210).

      (6) Property insurance required by subsections (1) to (5) of this section may include private insurance, self-insurance, utility industry association self-assurance pooling programs, or a combination of all three.

      (7) A person may fulfill the requirements for an insurance policy under subsections (1) to (5) of this section by obtaining policies of one or more insurance carriers if the policies together meet the requirements of subsections (1) to (5) of this section. [Formerly 469.565]

 

      469.562 Eligible insurers. (1) In order to provide the private insurance specified under ORS 469.561, an insurer must be authorized to provide or transact insurance in this state.

      (2) An insurer providing property insurance required under ORS 469.561 (1) to (5) may obtain reinsurance as defined in ORS 731.126. [Formerly 469.567]

 

(Enforcement)

 

      469.563 Court orders for enforcement. Without prior administrative proceedings, a circuit court may issue such restraining orders, and such temporary and permanent injunctive relief as is necessary to secure compliance with ORS 469.320, 469.405 (3), 469.410, 469.421, 469.430, 469.440, 469.442, 469.507, 469.525 to 469.559, 469.560, 469.561, 469.562, 469.590 to 469.619, 469.930 and 469.992 or with the terms and conditions of a site certificate. [Formerly 469.570; 1999 c.385 §12]

 

      469.565 [1981 c.866 §§3,4; renumbered 469.561 in 1997]

 

(Oregon Hanford Cleanup Board)

 

      469.566 Legislative findings. (1) The Legislative Assembly finds and declares that Oregon is not assured that the United States Department of Energy will:

      (a) Consider the unique features of Oregon and the needs of the people of Oregon when assessing the Hanford Nuclear Reservation as a potentially suitable location for the long-term disposal of high-level radioactive waste; or

      (b) Ensure adequate opportunity for public participation in the assessment process.

      (2) Over the past 45 years, the United States has developed and produced nuclear weapons at the Hanford Nuclear Reservation and during this period large quantities of radioactive hazardous and chemical wastes have accumulated at the Hanford Nuclear Reservation, and the waste sites pose an immediate and serious long-term threat to the environment and to public health and safety.

      (3) Therefore, the Legislative Assembly declares that it is in the best interests of the State of Oregon to establish an Oregon Hanford Cleanup Board to serve as a focus for the State of Oregon in the development of a state policy to be presented to the federal government, to ensure a maximum of public participation in the assessment and cleanup process. [1987 c.514 §1; 1991 c.562 §3; 2001 c.104 §204; 2003 c.186 §33]

 

      Note: 469.566 to 469.583 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      469.567 [1981 c.866 §5; renumbered 469.562 in 1997]

 

      469.568 Construction of ORS 469.566 to 469.583. Nothing in ORS 469.566 to 469.583 shall be interpreted by the federal government or the United States Department of Energy as an expression by the people of Oregon to accept the Hanford Nuclear Reservation as the site for the long-term disposal of high-level radioactive waste. [1987 c.514 §2; 2001 c.104 §205]

 

      Note: See note under 469.566.

 

      469.569 Definitions for ORS 469.566 to 469.583. As used in ORS 469.566 to 469.583:

      (1) “Board” means the Oregon Hanford Cleanup Board.

      (2) “High-level radioactive waste” means fuel or fission products from a commercial nuclear reactor after irradiation that is packaged and prepared for disposal.

      (3) “United States Department of Energy” means the federal Department of Energy established under 42 U.S.C.A. 7131 or any successor agency assigned responsibility for the long-term disposal of high-level radioactive waste. [1987 c.514 §3; 2003 c.186 §34]

 

      Note: See note under 469.566.

 

      469.570 [Formerly 453.575; 1995 c.505 §23; renumbered 469.563 in 1997]

 

      469.571 Oregon Hanford Cleanup Board; members; appointment. There is created an Oregon Hanford Cleanup Board that shall consist of the following members:

      (1) The Director of the State Department of Energy or designee;

      (2) The Water Resources Director or designee;

      (3) A representative of the Governor;

      (4) One member representing the Confederated Tribes of the Umatilla Indian Reservation;

      (5) Ten members of the public, appointed by the Governor, one of whom shall be a representative of a local emergency response organization in eastern Oregon and one of whom shall serve as chairperson; and

      (6) Three members of the Senate, appointed by the President of the Senate, and three members of the House of Representatives, appointed by the Speaker of the House of Representatives who shall serve as advisory members without vote. [1987 c.514 §4; 1991 c.562 §1; 1997 c.249 §271; 2003 c.186 §5]

 

      Note: See note under 469.566.

 

      469.572 Compensation of board members. (1) Each member of the Oregon Hanford Cleanup Board shall serve at the pleasure of the appointing authority. For purposes of this subsection, for those members of the board selected by the public advisory committee, the appointing authority shall be the public advisory committee.

      (2) Each public member of the board shall receive compensation and expenses as provided in ORS 292.495. Each legislative member shall receive compensation and expenses as provided in ORS 171.072.

      (3) The board shall be under the supervision of the chairperson. [1987 c.514 §5]

 

      Note: See note under 469.566.

 

      469.573 Purpose of Oregon Hanford Cleanup Board. The Oregon Hanford Cleanup Board:

      (1) Shall serve as the focal point for all policy discussions within the state government concerning the disposal of high-level radioactive waste in the northwest region.

      (2) Shall recommend a state policy to the Governor and to the Legislative Assembly.

      (3) After consultation with the Governor, may make policy recommendations on other issues related to the Hanford Nuclear Reservation at Richland, Washington, including but not limited to defense wastes, disposal and treatment of chemical waste and plutonium production. [1987 c.514 §6; 2001 c.104 §206]

 

      Note: See note under 469.566.

 

      469.574 Duties of Oregon Hanford Cleanup Board; coordination with Washington. In carrying out its purpose as set forth in ORS 469.573, the Oregon Hanford Cleanup Board shall:

      (1) Serve as the initial agency in this state to be contacted by the United States Department of Energy or any other federal agency on any matter related to the long-term disposal of high-level radioactive waste and other issues related to the Hanford Nuclear Reservation.

      (2) Serve as the initial agency in this state to receive any report, study, document, information or notification of proposed plans from the federal government on any matter related to the long-term disposal of high-level radioactive waste or other issues related to the Hanford Nuclear Reservation. Notification of proposed plans includes notification of proposals to conduct field work, on-site evaluation or on-site testing.

      (3) Disseminate or arrange with the United States Department of Energy or other federal agency to disseminate the information received under subsection (2) of this section to appropriate state agencies, local governments, regional planning commissions, American Indian tribal governing bodies, the general public and interested citizen groups who have requested in writing to receive this information.

      (4) Recommend to the Governor and Legislative Assembly appropriate responses to contacts under subsection (1) of this section and information received under subsection (2) of this section if a response is appropriate. The board shall consult with the appropriate state agency, local government, regional planning commission, American Indian tribal governing body, the general public and interested citizen groups in preparing this response.

      (5) Promote and coordinate educational programs which provide information on the nature of high-level radioactive waste, the long-term disposal of this waste, the activities of the board, the activities of the United States Department of Energy and any other federal agency related to the long-term disposal of high-level radioactive waste or other issues related to the Hanford Nuclear Reservation and the opportunities of the public to participate in procedures and decisions related to this waste.

      (6) Review any application to the United States Department of Energy or other federal agency by a state agency, local government or regional planning commission for funds for any program related to the long-term disposal of high-level radioactive waste or other issues related to the Hanford Nuclear Reservation. If the board finds that the application is not consistent with the state’s policy related to such issue or that the application is not in the best interest of the state, the board shall forward its findings to the Governor and the appropriate legislative committee. If the board finds that the application of a state agency is not consistent with the state’s policy related to long-term disposal of high-level radioactive waste or that the application of a state agency is not in the best interest of the state, the findings forwarded to the Governor and legislative committee shall include a recommendation that the Governor act to stipulate conditions for the acceptance of the funds which are necessary to safeguard the interests of the state.

      (7) Monitor activity in Congress and the federal government related to the long-term disposal of high-level radioactive waste and other issues related to the Hanford Nuclear Reservation.

      (8) If appropriate, advise the Governor and the Legislative Assembly to request the Attorney General to intervene in federal proceedings to protect the state’s interests and present the state’s point of view on matters related to the long-term disposal of high-level radioactive waste or other issues related to the Hanford Nuclear Reservation.

      (9) Coordinate with appropriate counterparts and agencies in the State of Washington. [1987 c.514 §7; 1991 c.562 §4; 2001 c.104 §207]

 

      Note: See note under 469.566.

 

      469.575 Duties of chairperson of Oregon Hanford Cleanup Board. The chairperson of the Oregon Hanford Cleanup Board shall:

      (1) Supervise the day-to-day functions of the board;

      (2) Hire, assign, reassign and coordinate the administrative personnel of the board, prescribe their duties and fix their compensation, subject to the State Personnel Relations Law; and

      (3) Request technical assistance from any other state agency. [1987 c.514 §8]

 

      Note: See note under 469.566.

 

      469.576 Review of Hanford as site selected for long-term disposal of high-level radioactive waste. (1) If the United States Department of Energy selects the Hanford Nuclear Reservation as the site for the construction of a repository for the long-term disposal of high-level radioactive waste, the Oregon Hanford Cleanup Board shall review the selected site and the site plan prepared by the United States Department of Energy. In conducting its review the board shall:

      (a) Include a full scientific review of the adequacy of the selected site and of the site plan;

      (b) Use recognized experts;

      (c) Conduct one or more public hearings on the site plan;

      (d) Make available to the public arguments and evidence for and against the site plan; and

      (e) Solicit comments from appropriate state agencies, local governments, regional planning commissions, American Indian tribal governing bodies, the general public and interested citizen groups on the adequacy of the Hanford site and the site plan.

      (2) After completing the review under subsection (1) of this section, the board shall submit a recommendation to the Speaker of the House of Representatives, the President of the Senate and the Governor on whether the state should accept the Hanford site. [1987 c.514 §10; 2001 c.104 §208]

 

      Note: See note under 469.566.

 

      469.577 Lead agency; agreements with federal agencies related to long-term disposal of high-level radioactive waste. (1) In addition to any other duty prescribed by law and subject to the policy direction of the board, a lead agency designated by the Governor shall negotiate written agreements and modifications to those agreements, with the United States Department of Energy or any other federal agency or state on any matter related to the long-term disposal of high-level radioactive waste.

      (2) Any agreement or modification to an agreement negotiated by the agency designated by the Governor under subsection (1) of this section shall be consistent with the policy expressed by the Governor and the Legislative Assembly as developed by the Oregon Hanford Cleanup Board.

      (3) The Oregon Hanford Cleanup Board shall make recommendations to the agency designated by the Governor under subsection (1) of this section concerning the terms of agreements or modifications to agreements negotiated under subsection (1) of this section or other issues related to the Hanford Nuclear Reservation. [1987 c.514 §11; 1991 c.562 §5; 2001 c.104 §209]

 

      Note: See note under 469.566.

 

      469.578 Oregon Hanford Cleanup Board to implement agreements with federal agencies. The Oregon Hanford Cleanup Board shall implement agreements, modifications and technical revisions approved by the agency designated by the Governor under ORS 469.577. In implementing these agreements, modifications and revisions, the board may solicit the views of any appropriate state agency, local government, regional planning commission, American Indian tribal governing body, the general public and interested citizen groups. [1987 c.514 §12]

 

      Note: See note under 469.566.

 

      469.579 Authority to accept moneys; disbursement of funds; rules. The Oregon Hanford Cleanup Board may accept moneys from the United States Department of Energy, other federal agencies, the State of Washington and from gifts and grants received from any other person. Such moneys are continuously appropriated to the board for the purpose of carrying out the provisions of ORS 469.566 to 469.583. The board shall establish by rule a method for disbursing such funds as necessary to carry out the provisions of ORS 469.566 to 469.583, including but not limited to awarding contracts for studies pertaining to the long-term disposal of radioactive waste or other issues related to the Hanford Nuclear Reservation. Any disbursement of funds by the board or the lead agency shall be consistent with the policy established by the board under ORS 469.573. [1987 c.514 §13; 1991 c.562 §6; 2001 c.104 §210; 2003 c.186 §35]

 

      Note: See note under 469.566.

 

      469.580 [1977 c.296 §13; repealed by 1993 c.569 §31]

 

      469.581 Advisory and technical committees. The Oregon Hanford Cleanup Board may establish any advisory and technical committee it considers necessary. Members of any advisory or technical committee established under this section may receive reimbursement for travel expenses incurred in the performance of their duties in accordance with ORS 292.495. [1987 c.514 §14; 1991 c.562 §2]

 

      Note: See note under 469.566.

 

      469.582 Cooperation with Oregon Hanford Cleanup Board; technical assistance from other state agencies. All departments, agencies and officers of this state and its political subdivisions shall cooperate with the Oregon Hanford Cleanup Board in carrying out any of its activities under ORS 469.566 to 469.583 and, at the request of the chairperson, provide technical assistance to the board. [1987 c.514 §15]

 

      Note: See note under 469.566.

 

      469.583 Rules. In accordance with the applicable provisions of ORS chapter 183, the Oregon Hanford Cleanup Board shall adopt rules and standards to carry out the requirements of ORS 469.566 to 469.583. [1987 c.514 §16]

 

      Note: See note under 469.566.

 

(Federal Site Selection)

 

      469.584 Findings. The Legislative Assembly and the people of the State of Oregon find that:

      (1) In order to solve the problem of high-level radioactive waste disposal, Congress established a process for selecting two sites for the safe, permanent and regionally equitable disposal of such waste.

      (2) The process of selecting three sites as final candidates, including the Hanford Nuclear Reservation in the State of Washington, for a first high-level nuclear waste repository by the United States Department of Energy violated the intent and the mandate of Congress.

      (3) The United States Department of Energy has prematurely deferred consideration of numerous potential sites and disposal media that its own research indicates are more appropriate, safer and less expensive.

      (4) Placement of a repository at Hanford without methodical and independently verified scientific evaluation threatens the health and safety of the people and the environment of this state.

      (5) The selection process is flawed and not credible because it did not include independent experts in the selection of the sites and in the review of the selected sites, as recommended by the National Academy of Sciences.

      (6) By postponing indefinitely all site specific work for an eastern repository, the United States Department of Energy has not complied with the intent of Congress expressed in the Nuclear Waste Policy Act, Public Law 97-425, and the fundamental compromise which enabled its enactment. [1987 c.13 §1; 2001 c.104 §211]

 

      Note: 469.584 and 469.585 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      469.585 Activities of state related to selection of high-level radioactive waste disposal site. In order to achieve complete compliance with federal law and protect the health, safety and welfare of the people of the State of Oregon, the Legislative Assembly, other statewide officials and state agencies shall use all legal means necessary to:

      (1) Suspend the preliminary site selection process for a high-level nuclear waste repository, including the process of site characterization, until there is compliance with the intent of the Nuclear Waste Policy Act;

      (2) Reverse the Secretary of Energy’s decision to postpone indefinitely all site specific work on locating and developing an eastern repository for high-level nuclear waste;

      (3) Insist that the United States Department of Energy’s site selection process, when resumed, considers all acceptable geologic media and results in safe, scientifically justified and regionally and geographically equitable high-level nuclear waste disposal;

      (4) Demand that federal budget actions fully and completely follow the intent of the Nuclear Waste Policy Act;

      (5) Continue to pursue alliances with other states and interested parties, particularly with Pacific Northwest Governors, legislatures and other parties, affected by the site selection process and transportation of high-level nuclear waste; and

      (6) Ensure that Oregon, because of its close geographic and geologic proximity to the proposed Hanford Nuclear Reservation site, be accorded the same status under federal law as a state in which a high-level nuclear repository is proposed to be located. [1987 c.13 §2; 2001 c.104 §212]

 

      Note: See note under 469.584.

 

(Hanford Nuclear Reservation)

 

      469.586 Findings. The Legislative Assembly and the people of the State of Oregon find that:

      (1) The maintenance of healthy, unpolluted river systems, airsheds and land are essential to the economic vitality and well-being of the citizens of the State of Oregon and the Pacific Northwest.

      (2) Radioactive waste stored at the Hanford Nuclear Reservation is already leaking into and contaminating the water table and watershed of the Columbia River and radioactive materials and toxic compounds have been found in plants, animals and waters downstream from the Hanford Nuclear Reservation and constitute a present and potential threat to the health, safety and welfare of the people of the State of Oregon.

      (3) The Hanford Nuclear Reservation is now one of the most radioactively contaminated sites in the world, according to government studies, and will require billions of dollars in costs for cleanup and the ongoing assessment of health effects.

      (4) In November 1980, the people of the State of Oregon, by direct vote in a statewide election, enacted a moratorium on the construction of nuclear power plants, and no nuclear power plants are presently operating in the State of Oregon.

      (5) In May 1987, the people of the State of Oregon, by direct vote in a statewide election, enacted Ballot Measure 1, opposing the disposal of highly radioactive spent fuel from commercial power plants at the Hanford Nuclear Reservation.

      (6) In 1995, the Legislative Assembly resolved that Oregon should have all legal rights in matters affecting the Hanford Nuclear Reservation, including party status in the Hanford tri-party agreement that governs the cleanup of the reservation.

      (7) Throughout the administrations of Presidents Ford, Carter, Reagan and Bush, the policy of the federal government banned the use of plutonium in commercial nuclear power plants due to the risk that the plutonium could be diverted to terrorists and to nations that have not renounced the use of nuclear weapons.

      (8) The federal government has announced that it will process plutonium from weapons with uranium to produce mixed oxide fuel for commercial nuclear power plants and other nuclear facilities. The Hanford Nuclear Reservation, located on the Columbia River, is a primary candidate site being considered for the production facilities.

      (9) The production of mixed oxide fuel will result in enormous new quantities of radioactive and chemical wastes that will present significant additional disposal problems and unknown costs. [1997 c.617 §1]

 

      Note: 469.586 and 469.587 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      469.587 Position of State of Oregon related to operation of Hanford Nuclear Reservation. The Legislative Assembly and the people of the State of Oregon:

      (1) Declare that the State of Oregon is unalterably opposed to the use of the Hanford Nuclear Reservation for operations that create more contamination at the Hanford Nuclear Reservation, divert resources from cleanup at the Hanford Nuclear Reservation and make the Hanford Nuclear Reservation cleanup more difficult, such as the processing of plutonium to fuel nuclear power plants, reactors or any other facilities, and further declare that vitrification in a safe manner is the preferred means to dispose of excess plutonium, in order to protect human health and the environment.

      (2) Request that the President of the United States and the Secretary of Energy continue their previous policy of banning the use of plutonium to fuel commercial power plants and nuclear facilities.

      (3) Request that the federal government honor the federal government’s original mandate to implement and complete the cleanup and restoration of the Hanford Nuclear Reservation. [1997 c.617 §2]

 

      Note: See note under 469.586.

 

(Siting of Nuclear-Fueled Thermal Power Plants)

 

      469.590 Definitions for ORS 469.590 to 469.595. As used in ORS 469.590 to 469.595:

      (1) “High-level radioactive waste” means spent nuclear fuel or the radioactive by-products from the reprocessing of spent nuclear fuel.

      (2) “Spent nuclear fuel” means nuclear fuel rods or assemblies which have been irradiated in a power reactor and subsequently removed from that reactor. [1981 c.1 §2]

 

      469.593 Findings. The people of this state find that if no permanent repository for high-level radioactive waste is provided by the federal government, the residents of the state may face the undue financial burden of paying for construction of a repository for such wastes. Therefore, the people of this state enact ORS 469.590 to 469.601. [1981 c.1 §1]

 

      469.594 Storage of high-level radioactive waste after expiration of license prohibited; continuing responsibility for storage; implementation agreements. (1) Notwithstanding the definition of a “waste disposal facility” under ORS 469.300, no high-level radioactive waste should be stored at the site of a nuclear-fueled thermal power plant after the expiration of the operating license issued to the nuclear power plant by the United States Nuclear Regulatory Commission.

      (2) Notwithstanding subsection (1) of this section, a person operating a nuclear power plant under a license issued by the United States Nuclear Regulatory Commission shall remain responsible for proper temporary storage of high-level radioactive materials at the site of the nuclear power plant after termination of a license and until such materials are removed from the site for permanent storage.

      (3) The State Department of Energy and the operators of nuclear-fueled thermal plants shall pursue agreements with the United States Department of Energy and the United States Nuclear Regulatory Commission to fulfill the provisions of this section. [1985 c.434 §2; 1991 c.480 §11; 1993 c.569 §28; 1995 c.505 §24; 2001 c.134 §12]

 

      469.595 Condition to site certificate for nuclear-fueled thermal power plant. Before issuing a site certificate for a nuclear-fueled thermal power plant, the Energy Facility Siting Council must find that an adequate repository for the disposal of the high-level radioactive waste produced by the plant has been licensed to operate by the appropriate agency of the federal government. The repository must provide for the terminal disposition of such waste, with or without provision for retrieval for reprocessing. [1981 c.1 §3]

 

      469.597 Election procedure; elector approval required. (1) Notwithstanding the provisions of ORS 469.370, if the Energy Facility Siting Council finds that the requirements of ORS 469.595 have been satisfied and proposes to issue a site certificate for a nuclear-fueled thermal power plant, the proposal shall be submitted to the electors of this state for their approval or rejection at the next available statewide general election. The procedures for submitting a proposal to the electors under this section shall conform, as nearly as possible to those for state measures, including but not limited to procedures for printing related material in the voters’ pamphlet.

      (2) A site certificate for a nuclear-fueled thermal power plant shall not be issued until the electors of this state have approved the issuance of the certificate at an election held pursuant to subsection (1) of this section. [1981 c.1 §§4,5]

 

      469.599 Public Utility Commission’s duty. The Public Utility Commission shall not authorize the issuance of stocks, bonds or other evidences of indebtedness to finance any nuclear-fueled thermal power plant pursuant to ORS 757.400 to 757.460 until the Energy Facility Siting Council has made the finding required under ORS 469.595. [1981 c.1 §6]

 

      469.601 Effect of ORS 469.595 on applications and applicants. ORS 469.595 does not prohibit:

      (1) The Energy Facility Siting Council from receiving and processing applications for site certificates for nuclear-fueled thermal power plants under ORS 469.300 to 469.563, 469.590 to 469.619 and 469.930; or

      (2) An applicant for a site certificate under ORS 469.300 to 469.563, 469.590 to 469.619 and 469.930 from obtaining any other necessary licenses, permits or approvals for the planning or siting of a nuclear-fueled thermal power plant. [1981 c.1 §8]

 

(Transportation of Radioactive Material)

 

      469.603 Intent to regulate transportation of radioactive material. It is the intention of the Legislative Assembly that the state shall regulate the transportation of radioactive material to the full extent allowable under and consistent with federal laws and regulations. [1981 c.707 §2]

 

      469.605 Permit to transport required; application; delegation of authority to issue permits; fees; rules. (1) No person shall ship or transport radioactive material identified by the Energy Facility Siting Council by rule as posing a significant hazard to public health and safety or the environment if improperly transported into or within the State of Oregon without first obtaining a permit from the State Department of Energy.

      (2) Such permit shall be issued for a period not to exceed one year and shall be valid for all shipments within that period of time unless specifically limited by permit conditions.

      (3) Application for a permit under this section shall be made in a form and manner prescribed by the Director of the State Department of Energy and may include:

      (a) A description of the kind, quantity and radioactivity of the material to be transported;

      (b) A description of the route or routes proposed to be taken and the transport schedule;

      (c) A description of any mode of transportation; and

      (d) Other information required by the director to evaluate the application.

      (4) The director shall collect a fee from all applicants for permits under this section in an amount reasonably calculated to provide for the costs to the department of performing the duties of the department under ORS 469.550 (3), 469.563, 469.603 to 469.619 and 469.992. Fees collected under this subsection shall be deposited in the State Department of Energy Account established under ORS 469.120.

      (5) The director shall issue a permit only if the application demonstrates that the proposed transportation will comply with all applicable rules adopted under ORS 469.603 to 469.619 and if the proposed route complies with federal law as provided in ORS 469.606.

      (6) The director may delegate the authority to issue permits for the transportation of radioactive material to the Department of Transportation. In exercising such authority, the Department of Transportation shall comply with the applicable provisions of ORS 469.603 to 469.619 and rules adopted by the director or the Energy Facility Siting Council under ORS 469.603 to 469.619. Permits issued by the Department of Transportation under this subsection shall be enforced according to the provisions of ORS 825.258. The director also may delegate other authority granted under ORS 469.605 to 469.619 to other state agencies if the delegation will maintain or enhance the quality of the transportation safety program. [1981 c.707 §5; 1989 c.6 §4; 1991 c.233 §3; 2003 c.186 §36]

 

      469.606 Determination of best and safest route. (1) Upon receipt of an application required under ORS 469.605 for which radioactive material is proposed to be transported by highway, the State Department of Energy shall confer with the following persons to determine whether the proposed route is safe, and complies with applicable routing requirements of the United States Department of Transportation and the United States Nuclear Regulatory Commission:

      (a) The Oregon Department of Transportation, or a designee of the Oregon Department of Transportation;

      (b) The Energy Facility Siting Council, or a designee of the Energy Facility Siting Council; and

      (c) The Oregon Transportation Commission, or a designee of the Oregon Transportation Commission.

      (2) If, after consultation with the persons set forth in subsection (1) of this section, a determination is made that the proposed route is not the best and safest route for transporting the material, the Director of the State Department of Energy shall deny the application except as provided in subsection (3) of this section.

      (3) If the applicant is prohibited by a statute, rule or other action of an adjacent state or a political subdivision in an adjacent state from using the route that complies with federal law, the director:

      (a) Shall petition the United States Department of Transportation for an administrative determination of preemption of the ban, pursuant to section 13 of the Hazardous Materials Transportation Uniform Safety Act of 1990, P.L. 101-615.

      (b) May issue a permit as provided under ORS 469.605 (5) with conditions necessary to ensure safe transport over a route available to the applicant, until the United States Department of Transportation determines whether the prohibition by the other state or political subdivision is preempted. [1991 c.233 §2; 2003 c.186 §37]

 

      469.607 Authority of council; rules. (1) After consultation with the Department of Transportation and other appropriate state, local and federal agencies, the Energy Facility Siting Council by rule:

      (a) May fix requirements for notification, record keeping, reporting, packaging and emergency response;

      (b) May designate those routes by highway, railroad, waterway and air where transportation of radioactive material can be accomplished safely;

      (c) May specify conditions of transportation for certain classes of radioactive material, including but not limited to, specific routes, permitted hours of movement, requirements for communications capabilities between carriers and emergency response agencies, speed limits, police escorts, checkpoints, operator or crew training or other operational requirements to enhance public health and safety; and

      (d) May establish requirements for insurance, bonding or other indemnification on the part of any person transporting radioactive material into or within the State of Oregon under ORS 469.603 to 469.619 and 469.992.

      (2) The requirements imposed by subsection (1) of this section must be consistent with federal Department of Transportation and Nuclear Regulatory Commission rules.

      (3) Rules adopted under this section shall be adopted in accordance with the provisions of ORS chapter 183. [1981 c.707 §6; 1989 c.6 §5; 1995 c.733 §45]

 

      469.609 Annual report to state agencies and local governments on shipment of radioactive wastes. Annually, the Director of the State Department of Energy shall report to interested state agencies and all local government agencies trained under ORS 469.611 on shipment of radioactive material made during the preceding year. The director’s report shall include:

      (1) The type and quantity of material transported;

      (2) Any mode of transportation used;

      (3) The route or routes taken; and

      (4) Any other information at the discretion of the director. [1981 c.707 §8; 1989 c.6 §6; 2003 c.186 §38]

 

      469.611 Emergency preparedness and response program; radiation emergency response team; training. Notwithstanding ORS chapter 401:

      (1) The Director of the State Department of Energy shall coordinate emergency preparedness and response with appropriate agencies of government at the local, state and national levels to ensure that the response to a radioactive material transportation accident is swift and appropriate to minimize damage to any person, property or wildlife. This program shall include the preparation of localized plans setting forth agency responsibilities for on-scene response.

      (2) The director shall:

      (a) Apply for federal funds as available to train, equip and maintain an appropriate response capability at the state and local level; and

      (b) Request all available training and planning materials.

      (3) The Oregon Health Authority shall maintain a trained and equipped radiation emergency response team available at all times for dispatch to any radiological emergency. Before arrival of the team at the scene of a radiological accident, the director may designate other technical advisors to work with the local response agencies.

      (4) The authority shall assist the director to ensure that all emergency services organizations along major transport routes for radioactive materials are offered training and retraining in the proper procedures for identifying and dealing with a radiological accident pending the arrival of persons with technical expertise. The authority shall report annually to the director on training of emergency response personnel. [1981 c.707 §9; 1983 c.586 §44; 1989 c.6 §7; 2003 c.186 §39; 2007 c.71 §151; 2009 c.595 §956; 2009 c.718 §51]

 

      469.613 Records; inspection; rules. (1) Any person obtaining a permit under ORS 469.605 shall establish and maintain any records, make any reports and provide any information as the Energy Facility Siting Council may by rule or order require to assure compliance with the conditions of the permit or other rules affecting the transportation of radioactive materials and submit the reports and make the records and information available at the request of the Director of the State Department of Energy. Any requirement imposed by the council under this subsection shall be consistent with regulations of the United States Department of Transportation and the United States Nuclear Regulatory Commission.

      (2) The director may authorize any employee or agent of the director to enter upon, inspect and examine, at reasonable times and in a reasonable manner for the purpose of administration or enforcement of the provisions of ORS 469.550, 469.563, 469.603 to 469.619 and 469.992 or rules adopted thereunder, the records and property of persons within this state who have applied for permits under ORS 469.605.

      (3) The director shall provide for:

      (a) The inspection of each highway route controlled shipment prior to or upon entry of the shipment into this state or at the point of origin for the transportation of highway route controlled shipments within the state; and

      (b) Inspection of a representative sample of shipments containing material required to bear a radioactive placard as specified by federal regulations. [1981 c.707 §10; 1989 c.6 §8; 2003 c.186 §40]

 

      469.615 Indemnity for claims against state insurance coverage certification; reimbursement for costs incurred in nuclear incident. (1) A person transporting radioactive materials in this state shall indemnify the State of Oregon and its political subdivisions and agents for any claims arising from the release of radioactive material during that transportation and pay for the cost of response to an accident involving the radioactive material.

      (2) With respect to radioactive materials, the Director of the State Department of Energy shall ascertain and certify that insurance coverage required under 42 U.S.C. 2210 is in force and effect at the time the permit is issued under ORS 469.605.

      (3) A person who owns, designs or maintains facilities, structures, vehicles or equipment used for handling, transportation, shipment, storage or disposal of nuclear material shall reimburse the state for all expenses reasonably incurred by the state or a political subdivision of the state, in protecting the public health and safety and the environment from a nuclear incident or the imminent danger of a nuclear incident caused by the person’s acts or omissions. These expenses include but need not be limited to, costs incurred for precautionary evacuations, emergency response measures and decontamination or other cleanup measures. As used in this subsection “nuclear incident” has the meaning given that term in 42 U.S.C. 2014(q).

      (4) Nothing in subsection (3) of this section shall affect any provision of subsection (1) or (2) of this section. [1981 c.707 §11; 1987 c.705 §9; 1989 c.6 §9]

 

      469.617 Report to legislature; content. The Director of the State Department of Energy shall prepare and submit to the Governor for transmittal to the Legislative Assembly, on or before the beginning of each odd-numbered year regular legislative session, a comprehensive report on the transportation of radioactive material in Oregon and provide an evaluation of the adequacy of the state’s emergency response agencies. The report shall include, but need not be limited to:

      (1) A brief description and compilation of any accidents and casualties involving the transportation of radioactive material in Oregon;

      (2) An evaluation of the effectiveness of enforcement activities and the degree of compliance with applicable rules;

      (3) A summary of outstanding problems confronting the State Department of Energy in administering ORS 469.550, 469.563, 469.603 to 469.619 and 469.992; and

      (4) Such recommendations for additional legislation as the Energy Facility Siting Council considers necessary and appropriate. [1981 c.707 §12; 1989 c.6 §10; 2011 c.545 §58]

 

      469.619 State Department of Energy to make federal regulations available. The State Department of Energy shall maintain and make available copies of all federal regulation and federal code provisions referred to in ORS 469.300, 469.550, 469.563, 469.603 to 469.619 and 469.992. [1981 c.707 §14; 1989 c.6 §11]

 

      469.621 [1981 c.707 §7; repealed by 1993 c.742 §101]

 

RESIDENTIAL ENERGY CONSERVATION ACT

 

(Investor-Owned Utilities)

 

      469.631 Definitions for ORS 469.631 to 469.645. As used in ORS 469.631 to 469.645:

      (1) “Cash payment” means a payment made by the investor-owned utility to the dwelling owner or to the contractor on behalf of the dwelling owner for energy conservation measures.

      (2) “Commercial lending institution” means any bank, mortgage banking company, trust company, savings bank, savings and loan association, credit union, national banking association, federal savings and loan association or federal credit union maintaining an office in this state.

      (3) “Commission” means the Public Utility Commission of Oregon.

      (4) “Cost-effective” means that an energy conservation measure that provides or saves a specific amount of energy during its life cycle results in the lowest present value of delivered energy costs of any available alternative. However, the present value of the delivered energy costs of an energy conservation measure shall not be treated as greater than that of a nonconservation energy resource or facility unless that cost is greater than 110 percent of the present value of the delivered energy cost of the nonconservation energy resource or facility.

      (5) “Dwelling” means real or personal property within the state inhabited as the principal residence of a dwelling owner or a tenant. “Dwelling” includes a manufactured dwelling as defined in ORS 446.003, a floating home as defined in ORS 830.700 and a single unit in multiple-unit residential housing. “Dwelling” does not include a recreational vehicle as defined in ORS 446.003.

      (6) “Dwelling owner” means the person:

      (a) Who has legal title to a dwelling, including the mortgagor under a duly recorded mortgage of real property, the trustor under a duly recorded deed of trust or a purchaser under a duly recorded contract for the purchase of real property; and

      (b) Whose dwelling receives space heating from the investor-owned utility.

      (7) “Energy audit” means:

      (a) The measurement and analysis of the heat loss and energy utilization efficiency of a dwelling;

      (b) An analysis of the energy savings and dollar savings potential that would result from providing energy conservation measures for the dwelling;

      (c) An estimate of the cost of the energy conservation measures that includes:

      (A) Labor for the installation of items designed to improve the space heating and energy utilization efficiency of the dwelling; and

      (B) The items installed; and

      (d) A preliminary assessment, including feasibility and a range of costs, of the potential and opportunity for installation of:

      (A) Passive solar space heating and solar domestic water heating in the dwelling; and

      (B) Solar swimming pool heating, if applicable.

      (8) “Energy conservation measures” means measures that include the installation of items and the items installed to improve the space heating and energy utilization efficiency of a dwelling. These items include, but are not limited to, caulking, weatherstripping and other infiltration preventative materials, ceiling and wall insulation, crawl space insulation, vapor barrier materials, timed thermostats, insulation of heating ducts, hot water pipes and water heaters in unheated spaces, storm doors and windows, double glazed windows and dehumidifiers. “Energy conservation measures” does not include the dwelling owner’s own labor.

      (9) “Investor-owned utility” means an electric or gas utility regulated by the commission as a public utility under ORS chapter 757.

      (10) “Residential customer” means a dwelling owner or tenant who, either directly or indirectly, pays a share of the cost for service billed by an investor-owned utility for electric or natural gas service received at the dwelling.

      (11) “Space heating” means the heating of living space within a dwelling.

      (12) “Tenant” means a tenant as defined in ORS 90.100 or any other tenant. [1981 c.778 §2; 1989 c.233 §1; 1989 c.648 §66; 1995 c.551 §13; 2003 c.186 §41]

 

      469.633 Investor-owned utility program. Each investor-owned utility shall have an approved residential energy conservation program that, to the Public Utility Commission’s satisfaction:

      (1) Makes available to all residential customers of the utility information about:

      (a) Energy conservation measures; and

      (b) Energy conservation measure financing available to dwelling owners.

      (2) Provides within 60 days of a request by a residential customer or a dwelling owner, assistance and technical advice concerning various methods of saving energy in that customer’s or dwelling owner’s dwelling including, but not limited to, an energy audit of the customer’s or dwelling owner’s dwelling.

      (3) Provides financing for cost-effective energy conservation measures approved by the commission to a dwelling owner who occupies the dwelling as a residential customer or rents the dwelling to a tenant who is a residential customer. The minimum financing program shall give the dwelling owner a choice between a cash payment and a loan. The dwelling owner may not receive both a cash payment and a loan. Completion of an energy audit of the dwelling offered under the program required by this section or described in ORS 469.685 shall be a condition of eligibility for either a cash payment or a loan. Unless the commission approves higher levels of assistance, the financing program shall provide:

      (a) The following minimum levels of assistance:

      (A) A loan for a dwelling owner with approved credit upon the following terms approved by the commission:

      (i) A principal amount of up to $5,000;

      (ii) For an electric utility, an interest rate that does not exceed six and one-half percent annually or, for a gas utility, an annual interest rate 10 percentage points lower than the rate published by the Federal Housing Administration for Title I property improvement loans (24 C.F.R. 201.4 (a)) on the date of the loan application, but not lower than six and one-half percent or higher than 12 percent; and

      (iii) A reasonable repayment period that does not exceed 10 years; and

      (B) A cash payment to a dwelling owner eligible under ORS 469.641 for the lesser of:

      (i) Twenty-five percent of the cost of the energy conservation measures provided in the dwelling; or

      (ii) $350.

      (b) That an otherwise eligible dwelling owner may obtain up to $5,000 in loans or $350 in cash payments for each dwelling.

      (c) That there may be up to two loans or cash payments provided for each dwelling.

      (d) That a dwelling owner who acquires a dwelling for which a previous loan was obtained under this section and ORS 469.631 may obtain a loan or a cash payment for energy conservation measures for the newly acquired dwelling under circumstances including, but not necessarily limited to, when:

      (A) The new dwelling owner chooses the same financing option chosen by the previous dwelling owner who obtained financing under ORS 469.631 to 469.645; and

      (B) There remain cost-effective energy conservation measures to be undertaken with regard to the dwelling.

      (e) If the commission so determines, that energy conservation measures for any of the following building and improvement activities may not be financed under the financing program:

      (A) Construction of a new dwelling; or

      (B) If the construction increases or otherwise changes the living space in the dwelling:

      (i) An addition or substantial alteration; or

      (ii) Remodeling.

      (f) If the investor-owned utility so determines, that no cash payment shall be allowed or paid for the cost of energy conservation measures provided more than one year before the date of the application for payment.

      (4) Provides for verification through a reasonable number of inspections that energy conservation measures financed by the investor-owned utility are installed. The verification provisions of the residential energy conservation program shall further provide that:

      (a) An installation shall be performed in such a workmanlike manner and with such materials as to satisfy prevailing industry standards; and

      (b) The investor-owned utility shall provide a post-installation inspection upon the dwelling owner’s request.

      (5) For an electric utility, provides, upon the dwelling owner’s request, information relevant to the specific site of a dwelling with access to:

      (a) Water resources that have hydroelectric potential;

      (b) Wind, which means the natural movement of air at an annual average speed of at least eight miles an hour; or

      (c) A resource area known to have geothermal space heating potential.

      (6) Provides that the investor-owned utility will mail to a dwelling owner an offer to provide energy conservation measures in accordance with ORS 469.631 to 469.645 when a tenant who is the residential customer:

      (a) Requests that the offer be mailed to the dwelling owner; and

      (b) Furnishes the dwelling owner’s name and address with the request. [1981 c.778 §3; 1985 c.745 §6; 1989 c.233 §2; 1991 c.67 §141; 1991 c.78 §1]

 

      469.634 Contributions for urban and community forest activities by customers of investor-owned utilities; rules; uses. (1) The Public Utility Commission of Oregon by rule shall establish a system to allow customers of investor-owned utilities to voluntarily contribute an amount that is to be used for urban and community forest activities within the area served by the utility. The amount shall be in addition to the customer’s utility bill. Investor-owned utilities may choose to use the system established by the commission.

      (2) The utility shall pay to the State Forester the amount designated under subsection (1) of this section. The State Forester shall deposit the moneys collected under this section into the Urban and Community Forestry Subaccount established under ORS 526.060.

      (3) The State Forester shall use the moneys collected under this section for urban and community forest activities. The State Forester by rule, in consultation with the Public Utility Commission of Oregon and local utilities, shall establish guidelines to distribute moneys collected under this section through the Urban and Community Forestry Assistance Program. The guidelines shall include a requirement that moneys are distributed for energy conservation, by means of tree plantings, care and maintenance.

      (4) A utility shall not use more than 16 percent of the moneys collected under this section for administrative expenses. The State Forester shall not use more than 16 percent of the moneys collected under this section for administrative expenses.

      (5) As used in this section, “urban and community forest activities” means activities that promote cost-effective energy conservation. These activities may include the planting, managing and maintaining of residential, street and park trees on public and private land. [1993 c.388 §2]

 

      469.635 Alternative program of investor-owned utilities. (1) An investor-owned utility may meet the program submission requirements of ORS 469.633 by submitting only the portions of its residential energy conservation program that are added to or revised in its program approved under section 4, chapter 889, Oregon Laws 1977, in order to make that earlier program fulfill the requirements of ORS 469.633.

      (2) An investor-owned utility shall offer a dwelling owner a financing program for cost-effective energy conservation measures that includes the option of a cash payment or a loan unless the investor-owned utility offers another financing program determined by the Public Utility Commission to meet or exceed the program required in ORS 469.633 (3). A program shall be considered to meet or exceed the program required in ORS 469.633 (3) if it includes a financial incentive to the residential customer with a present value on November 1, 1981, that is equal to or greater than the present value of the larger of:

      (a) The loan subsidy pursuant to ORS 469.633 (3)(a)(A); or

      (b) The cash payment pursuant to ORS 469.633 (3)(a)(B).

      (3) An investor-owned utility that has adopted an approved residential energy conservation services program under the National Energy Conservation Policy Act (Public Law 95-619, as amended on November 1, 1981) or signed an energy conservation agreement with the Bonneville Power Administration of the United States Department of Energy for a residential weatherization program under section 6(a) of the Pacific Northwest Electric Power Planning and Conservation Act (Public Law 96-501, as adopted December 5, 1980) that is determined by the commission to meet or exceed the requirements in ORS 469.633 and 469.641 shall not be required to submit a separate program. However, the provisions of ORS 469.637, 469.639, 469.643 and 469.645 nevertheless shall be applicable.

      (4) In addition to the residential energy conservation program required in ORS 469.633, an investor-owned utility may offer other energy conservation programs if the commission determines the programs will promote cost-effective energy conservation. [1981 c.778 §7; 1991 c.78 §2]

 

      469.636 Additional financing program by investor-owned utility for rental dwelling. In addition to the residential energy conservation program approved under ORS 469.633, an investor-owned utility may offer an additional financing program for energy conservation measures for a dwelling owner who rents the dwelling to a tenant whose dwelling unit receives energy for space heating from the investor-owned utility. The financing program may consist, at a minimum, of either of the following:

      (1) Offering low-interest loans to fund the entire cost of installed energy conservation measures up to $5,000 per dwelling unit. In addition to the loan subsidy provided under ORS 469.633 (3), the loan shall be further subsidized by applying the present value to the public utility of the tax credit received under ORS 469B.130 to 469B.169. Any portion of the present value of the tax credit shall accrue to the dwelling owner rather than to the investor-owned utility.

      (2) Offering cash payments in addition to the cash payments required in ORS 469.633 (3). The additional cash payment shall be equal to the present value of the tax credit received under ORS 469B.130 to 469B.169. [1985 c.745 §11; 1989 c.765 §9]

 

      469.637 Energy conservation part of utility service of investor-owned utility. The provision of energy conservation measures to a dwelling shall be considered part of the utility service rendered by the investor-owned utility. [1981 c.778 §4]

 

      469.639 Billing for energy conservation measures. (1) Except as provided in subsection (2) of this section, the Public Utility Commission may require as part of an investor-owned utility residential energy conservation program that, for dwelling owners with approved credit, the utility add to the periodic utility bill for the owner-occupied dwelling for which energy conservation measures have been provided pursuant to ORS 469.631 to 469.645 an amount agreed to between the dwelling owner and the investor-owned utility.

      (2) The commission shall allow an investor-owned utility to charge or bill a dwelling owner separately from the periodic utility bill for energy conservation measures provided pursuant to ORS 469.631 to 469.645 if that utility wishes to do so. [1981 c.778 §5]

 

      469.641 Conditions for cash payments to dwelling owner by investor-owned utility. Except as provided in section 31, chapter 778, Oregon Laws 1981, an investor-owned utility shall not make a cash payment to a dwelling owner for energy conservation measures unless:

      (1) The measures were provided in the dwelling on or after November 1, 1981; and

      (2) The measures will not be paid for with other investor-owned utility grants or loans. [1981 c.778 §6; 1991 c.877 §39]

 

      469.643 Formula for customer charges; rules. The Public Utility Commission shall adopt by rule a formula under which the investor-owned utility shall charge all customers to recover:

      (1) The cost to the investor-owned utility of the services required to be provided under ORS 469.633; and

      (2) Any bad debts, including casualty losses, attributable to dwelling owner default on a loan for energy conservation measures. [1981 c.778 §8]

 

      469.645 Implementation of program by investor-owned utility. After the Public Utility Commission has approved the residential energy conservation program of an investor-owned utility required by ORS 469.633, the investor-owned utility promptly shall implement that program. [1981 c.778 §9]

 

(Publicly Owned Utilities)

 

      469.649 Definitions for ORS 469.649 to 469.659. As used in ORS 469.649 to 469.659:

      (1) “Cash payment” means a payment made by the publicly owned utility to the dwelling owner or to the contractor on behalf of the dwelling owner for energy conservation measures.

      (2) “Commercial lending institution” means any bank, mortgage banking company, trust company, savings bank, savings and loan association, credit union, national banking association, federal savings and loan association or federal credit union maintaining an office in this state.

      (3) “Cost-effective” means that an energy conservation measure that provides or saves a specific amount of energy during its life cycle results in the lowest present value of delivered energy costs of any available alternative. However, the present value of the delivered energy costs of an energy conservation measure shall not be treated as greater than that of a nonconservation energy resource or facility unless that cost is greater than 110 percent of the present value of the delivered energy cost of the nonconservation energy resource or facility.

      (4) “Dwelling” means real or personal property within the state inhabited as the principal residence of a dwelling owner or a tenant. “Dwelling” includes a manufactured dwelling as defined in ORS 446.003, a floating home as defined in ORS 830.700 and a single unit in multiple-unit residential housing. “Dwelling” does not include a recreational vehicle as defined in ORS 446.003.

      (5) “Dwelling owner” means the person:

      (a) Who has legal title to a dwelling, including the mortgagor under a duly recorded mortgage of real property, the trustor under a duly recorded deed of trust or a purchaser under a duly recorded contract for the purchase of real property; and

      (b) Whose dwelling receives space heating from the publicly owned utility.

      (6) “Energy audit” means:

      (a) The measurement and analysis of the heat loss and energy utilization efficiency of a dwelling;

      (b) An analysis of the energy savings and dollar savings potential that would result from providing energy conservation measures for the dwelling;

      (c) An estimate of the cost of the energy conservation measures that includes:

      (A) Labor for the installation of items designed to improve the space heating and energy utilization efficiency of the dwelling; and

      (B) The items installed; and

      (d) A preliminary assessment, including feasibility and a range of costs, of the potential and opportunity for installation of:

      (A) Passive solar space heating and solar domestic water heating in the dwelling; and

      (B) Solar swimming pool heating, if applicable.

      (7) “Energy conservation measures” means measures that include the installation of items and the items installed to improve the space heating and energy utilization efficiency of a dwelling. These items include, but are not limited to, caulking, weatherstripping and other infiltration preventative materials, ceiling and wall insulation, crawl space insulation, vapor barrier materials, timed thermostats, insulation of heating ducts, hot water pipes and water heaters in unheated spaces, storm doors and windows, double glazed windows and dehumidifiers. “Energy conservation measures” does not include the dwelling owner’s own labor.

      (8) “Publicly owned utility” means a utility that:

      (a) Is owned or operated in whole or in part, by a municipality, cooperative association or people’s utility district; and

      (b) Distributes electricity.

      (9) “Residential customer” means a dwelling owner or tenant who is billed by a publicly owned utility for electric service received at the dwelling.

      (10) “Space heating” means the heating of living space within a dwelling.

      (11) “Tenant” means a tenant as defined in ORS 90.100 or any other tenant. [1981 c.778 §10; 1989 c.648 §67; 1995 c.551 §14; 2003 c.186 §42]

 

      469.651 Publicly owned utility program. Within 30 days after November 1, 1981, each publicly owned utility shall submit to the Director of the State Department of Energy a residential energy conservation program that:

      (1) Makes available to all residential customers of the utility information about:

      (a) Energy conservation measures; and

      (b) Energy conservation measure financing available to dwelling owners.

      (2) Provides within 60 days of a request by a residential customer of the publicly owned utility or a dwelling owner, assistance and technical advice concerning various methods of saving energy in that customer’s or dwelling owner’s dwelling including, but not limited to, an energy audit of the customer’s or dwelling owner’s dwelling.

      (3) Provides financing for cost-effective energy conservation measures at the request of a dwelling owner who occupies the dwelling as a residential customer or rents the dwelling to a tenant who is a residential customer. The financing program shall give the dwelling owner a choice between a cash payment and a loan. The dwelling owner may not receive both a cash payment and a loan. Completion of an energy audit of the dwelling offered under the program required by this section or described in ORS 469.685 shall be a condition of eligibility for either a cash payment or a loan. The financing program shall provide:

      (a) The following minimum levels of assistance:

      (A) A loan for a dwelling owner with approved credit upon the following terms:

      (i) A principal amount of up to $4,000; or

      (ii) An interest rate that does not exceed six and one-half percent annually; and

      (iii) A reasonable repayment period that does not exceed 10 years; and

      (B) A cash payment to a dwelling owner eligible under ORS 469.657 for the lesser of:

      (i) Twenty-five percent of the cost of the energy conservation measures provided in the dwelling; or

      (ii) $350;

      (b) That an otherwise eligible dwelling owner may obtain up to $4,000 in loans or $350 in cash payments for each dwelling;

      (c) That there may be up to $4,000 in loans or $350 in cash payments for each dwelling;

      (d) That a change in ownership of a dwelling shall not prevent the new dwelling owner from obtaining a loan or a cash payment for energy conservation measures for the newly acquired dwelling under circumstances including, but not necessarily limited to, when:

      (A) The new dwelling owner chooses the same financing option chosen by the previous dwelling owner who obtained financing under ORS 469.649 to 469.659; and

      (B) The amount of the financing is within the limit for that dwelling prescribed in paragraph (c) of this subsection;

      (e) If the publicly owned utility so determines, that energy conservation measures for any of the following building and improvement activities may not be financed under the financing program:

      (A) Construction of a new dwelling; or

      (B) If the construction increases or otherwise changes the living space in the dwelling:

      (i) An addition or substantial alteration; or

      (ii) Remodeling; and

      (f) If the publicly owned utility so determines, that no cash payment shall be allowed or paid for the cost of energy conservation measures provided more than one year before the date of the application for payment.

      (4) Provides for verification through a reasonable number of inspections that energy conservation measures financed by the publicly owned utility are installed. The verification provisions of the residential energy conservation program shall further provide that:

      (a) An installation shall be performed in such a workmanlike manner and with such materials as to satisfy prevailing industry standards; and

      (b) The publicly owned utility shall provide a post-installation inspection upon the dwelling owner’s request.

      (5) Provides, upon the dwelling owner’s request, information relevant to the specific site of a dwelling with access to:

      (a) Water resources that have hydroelectric potential;

      (b) Wind, which means the natural movement of air at an annual average speed of at least eight miles an hour; or

      (c) A resource area known to have geothermal space-heating potential.

      (6) Provides that the publicly owned utility will mail to a dwelling owner an offer to provide energy conservation measures in accordance with ORS 469.649 to 469.659 when a tenant who is the residential customer:

      (a) Requests that the offer be mailed to the dwelling owner; and

      (b) Furnishes the dwelling owner’s name and address with the request. [1981 c.778 §11]

 

      469.652 Contributions for urban and community forest activities by customers of publicly owned utilities; rules; uses. (1) Publicly owned utilities may establish a system to allow customers of publicly owned utilities to voluntarily contribute an amount that is to be used for urban and community forest activities within the area served by the utility. The amount shall be in addition to the customer’s utility bill.

      (2) The utility shall pay to the State Forester the amount designated under subsection (1) of this section. The State Forester shall deposit the moneys collected under this section into the Urban and Community Forestry Subaccount established under ORS 526.060.

      (3) The State Forester shall use the moneys collected under this section for urban and community forest activities. The State Forester by rule, in consultation with local utilities, shall establish guidelines to distribute moneys collected under this section through the Urban and Community Forestry Assistance Program. The guidelines shall include a requirement that moneys are distributed for energy conservation, by means of tree plantings, care and maintenance.

      (4) A utility shall not use more than 16 percent of the moneys collected under this section for administrative expenses. The State Forester shall not use more than 16 percent of the moneys collected under this section for administrative expenses.

      (5) As used in this section, “urban and community forest activities” means activities that promote cost-effective energy conservation. These activities may include the planting, managing and maintaining of residential, street and park trees on public and private land. [1993 c.388 §4]

 

      469.653 Alternative program of publicly owned utility. (1) A publicly owned utility may meet the program submission requirements of ORS 469.651 by submitting only the portions of its residential energy conservation program that are added to or revised in its program approved under section 4, chapter 887, Oregon Laws 1977, in order to make that earlier program fulfill the requirements of ORS 469.651.

      (2) A publicly owned utility shall offer a dwelling owner a financing program for cost-effective energy conservation measures that includes the option of a cash payment or a loan unless the publicly owned utility offers another financing program that meets or exceeds the program required in ORS 469.651 (3). A program shall be considered to meet or exceed the program required in ORS 469.651 (3) when it includes a financial incentive to the residential customer with a present value on November 1, 1981, that is equal to or greater than the present value of the larger of:

      (a) The loan subsidy pursuant to ORS 469.651 (3)(a)(A); or

      (b) The cash payment pursuant to ORS 469.651 (3)(a)(B).

      (3) A publicly owned utility whose governing body has adopted an approved residential energy conservation services program under the National Energy Conservation Policy Act (Public Law 95-619, as amended on November 1, 1981) or signed an energy conservation agreement with the Bonneville Power Administration of the United States Department of Energy for a residential weatherization program under section 6(a) of the Pacific Northwest Electric Power Planning and Conservation Act (Public Law 96-501, as adopted December 5, 1980) that meets or exceeds the requirements of ORS 469.651 and 469.657 shall not be required to submit a separate program. However, the provisions of ORS 469.655 and 469.659 nevertheless shall be applicable. [1981 c.778 §14]

 

      469.655 Energy conservation as part of utility service of publicly owned utility. The provision of energy conservation measures to a dwelling shall be considered part of the utility service rendered by the publicly owned utility. [1981 c.778 §12]

 

      469.657 Conditions for cash payments to dwelling owner by publicly owned utility. Except as provided in section 31, chapter 778, Oregon Laws 1981, a publicly owned utility shall not make a cash payment to a dwelling owner for energy conservation measures unless:

      (1) The measures were provided in the dwelling on or after November 1, 1981.

      (2) The measures will not be paid for with other publicly owned utility grants or loans. [1981 c.778 §13; 1991 c.877 §40]

 

      469.659 Implementation of program by publicly owned utility. After the publicly owned utility has submitted to the Director of the State Department of Energy the residential energy conservation program required by ORS 469.651, the publicly owned utility promptly shall implement that program. [1981 c.778 §15]

 

(Oil Dealers)

 

      469.673 Definitions for ORS 469.673 to 469.683. As used in ORS 469.673 to 469.683:

      (1) “Cash payment” means a payment made by the State Department of Energy to the dwelling owner or to the contractor on behalf of the dwelling owner for energy conservation measures.

      (2) “Commercial lending institution” means any bank, mortgage banking company, trust company, savings bank, savings and loan association, credit union, national banking association, federal savings and loan association or federal credit union maintaining an office in this state.

      (3) “Cost-effective” means that an energy conservation measure that provides or saves a specific amount of energy during its life cycle results in the lowest present value of delivered energy costs of any available alternative. However, the present value of the delivered energy costs of an energy conservation measure shall not be treated as greater than that of a nonconservation energy resource or facility unless that cost is greater than 110 percent of the present value of the delivered energy cost of the nonconservation energy resource or facility.

      (4) “Director” means the Director of the State Department of Energy appointed under ORS 469.040.

      (5) “Dwelling” means real or personal property within the state inhabited as the principal residence of a dwelling owner or a tenant. “Dwelling” includes a manufactured dwelling as defined in ORS 446.003, a floating home as defined in ORS 830.700 and a single unit in multiple-unit residential housing. “Dwelling” does not include a recreational vehicle as defined in ORS 446.003.

      (6) “Dwelling owner” means the person:

      (a) Who has legal title to a dwelling, including the mortgagor under a duly recorded mortgage of real property, the trustor under a duly recorded deed of trust or a purchaser under a duly recorded contract for the purchase of real property; and

      (b) Whose dwelling receives space heating from a fuel oil dealer.

      (7) “Energy audit” means:

      (a) The measurement and analysis of the heat loss and energy utilization efficiency of a dwelling;

      (b) An analysis of the energy savings and dollar savings potential that would result from providing energy conservation measures for the dwelling;

      (c) An estimate of the cost of the energy conservation measures that includes:

      (A) Labor for the installation of items designed to improve the space heating and energy utilization efficiency of the dwelling; and

      (B) The items installed; and

      (d) A preliminary assessment, including feasibility and a range of costs, of the potential and opportunity for installation of:

      (A) Passive solar space heating and solar domestic water heating in the dwelling; and

      (B) Solar swimming pool heating, if applicable.

      (8) “Energy conservation measures” means measures that include the installation of items and the items installed that are primarily designed to improve the space heating and energy utilization efficiency of a dwelling. These items include, but are not limited to, caulking, weatherstripping and other infiltration preventative materials, ceiling and wall insulation, crawl space insulation, vapor barrier materials, timed thermostats, insulation of heating ducts, hot water pipes and water heaters in unheated spaces, storm doors and windows, double glazed windows, and dehumidifiers. “Energy conservation measures” does not include the dwelling owner’s own labor.

      (9) “Fuel oil dealer” means a person, association, corporation or other form of organization that supplies fuel oil at retail for the space heating of dwellings.

      (10) “Residential customer” means a dwelling owner or tenant who is billed by a fuel oil dealer for fuel oil service received at the dwelling.

      (11) “Space heating” means the heating of living space within a dwelling.

      (12) “Tenant” means a tenant as defined in ORS 90.100 or any other tenant. [1981 c.778 §16; 1987 c.749 §8; 1989 c.648 §68; 1995 c.551 §15; 2003 c.186 §43]

 

      469.675 Oil dealer program. Within 30 days after November 1, 1981, each fuel oil dealer shall submit for the approval of the Director of the State Department of Energy a residential energy conservation program that, to the director’s satisfaction:

      (1) Makes available to all residential customers of the fuel oil dealer information about:

      (a) Energy conservation measures; and

      (b) Energy conservation measure financing available to dwelling owners.

      (2) Provides within 60 days of a request by a residential customer of the fuel oil dealer or a dwelling owner, assistance and technical advice concerning various methods of saving energy in that customer’s or dwelling owner’s dwelling including, but not limited to, an energy audit of the customer’s or dwelling owner’s dwelling. [1981 c.778 §17]

 

      469.677 Contracts for information, assistance and technical advice; standards for energy audits. (1) The Director of the State Department of Energy shall contract and a fuel oil dealer may rely upon the director to contract for the information, assistance and technical advice required to be provided by a fuel oil dealer under ORS 469.675.

      (2) The director shall adopt standards for energy audits required under ORS 469.675 by rule in accordance with the rulemaking provisions of ORS chapter 183. [1981 c.778 §18; 2003 c.186 §44]

 

      469.679 Implementation by fuel dealer. After the Director of the State Department of Energy has approved the residential energy conservation program of a fuel oil dealer required by ORS 469.675, the fuel oil dealer promptly shall implement that program. [1981 c.778 §19]

 

      469.681 Petroleum supplier assessment; computation; effect of failure to pay; interest. (1) Each petroleum supplier shall pay to the State Department of Energy annually its share of an assessment to fund:

      (a) Information, assistance and technical advice required of fuel oil dealers under ORS 469.675 for which the Director of the State Department of Energy contracts under ORS 469.677; and

      (b) Cash payments to a dwelling owner or contractor for energy conservation measures.

      (2) The amount of the assessment required by subsection (1) of this section shall be determined by the director in a manner consistent with the method prescribed in ORS 469.421. The aggregate amount of the assessment shall not exceed $400,000. In making this assessment, the director shall exclude all gallons of distillate fuel oil sold by petroleum suppliers that are subject to the requirements of section 3a, Article IX of the Oregon Constitution, or ORS 319.020 or 319.530.

      (3) If any petroleum supplier fails to pay any amount assessed to it under this section within 30 days after the payment is due, the Attorney General, on behalf of the State Department of Energy, may institute a proceeding in the circuit court to collect the amount due.

      (4) Interest on delinquent assessments shall be added to and paid at the rate of one and one-half percent of the payment due per month or fraction of a month from the date the payment was due to the date of payment.

      (5) The assessment required by subsection (1) of this section is in addition to any assessment required by ORS 469.421 (8), and any other fee or assessment required by law.

      (6) As used in this section, “petroleum supplier” means a petroleum refiner in this state or any person engaged in the wholesale distribution of distillate fuel oil in the State of Oregon. [1981 c.778 §23; 1983 c.273 §3; 1987 c.450 §3; 1989 c.88 §6; 1993 c.434 §1; 1993 c.569 §29; 1995 c.79 §289; 2003 c.186 §45; 2009 c.11 §68]

 

      469.683 Oil-Heated Dwellings Energy Audit Account. (1) There is established, separate and distinct from the General Fund, the Oil-Heated Dwellings Energy Audit Account. Moneys deposited in the account under subsections (2) to (5) of this section shall be used to pay the cost of the information, assistance and technical advice required of fuel oil dealers under ORS 469.675 for which the Director of the State Department of Energy contracts under ORS 469.677.

      (2) The State Department of Energy shall pay into the State Treasury all assessment moneys received by the department under ORS 469.681 during the preceding calendar month. The State Treasurer shall deposit the moneys to the credit of the Oil-Heated Dwellings Energy Audit Account.

      (3) The moneys in the Oil-Heated Dwellings Energy Audit Account are continuously appropriated to the State Department of Energy for the purpose of:

      (a) Paying the cost of information, assistance and technical advice required of fuel oil dealers under ORS 469.675 for which the director contracts under ORS 469.677; and

      (b) Providing cash payments to a dwelling owner or contractor for energy conservation measures.

      (4) Notwithstanding ORS 293.140, any interest attributable to moneys in the Oil-Heated Dwellings Energy Audit Account shall accrue to that account.

      (5) The State Department of Energy shall keep a record of all moneys deposited in the Oil-Heated Dwellings Energy Audit Account. [1981 c.778 §§24,25; 1989 c.966 §55; 1993 c.434 §2; 2003 c.186 §46]

 

(Miscellaneous)

 

      469.685 Use of earlier energy audit. A dwelling owner served by an investor-owned utility, as defined in ORS 469.631, or a publicly owned utility, as defined in ORS 469.649, who applies for financing under the provisions of ORS 316.744, 317.386 and 469.631 to 469.687, may use without obtaining a new energy audit an energy audit obtained from an energy supplier under chapter 887, Oregon Laws 1977, or a public utility under chapter 889, Oregon Laws 1977, before November 1, 1981. [1981 c.778 §30; 2003 c.46 §51]

 

      469.687 Title for ORS 469.631 to 469.687. ORS 316.744, 317.386 and 469.631 to 469.687 shall be known as the Oregon Residential Energy Conservation Act. [1981 c.778 §1; 2003 c.46 §52]

 

ENERGY CONSERVATION PROGRAMS

 

(Single Family Residence)

 

      469.700 Energy efficiency ratings; public information; “single family residence” defined. (1) The Residential and Manufactured Structures Board or the Construction Industry Energy Board, after public hearing and subject to the approval of the Director of the Department of Consumer and Business Services, shall adopt a recommended voluntary energy efficiency rating system for single family residences and provide the State Department of Energy with a copy thereof.

      (2) The rating system shall provide a single numerical value or other simple concise means to measure the energy efficiency of any single family residence, taking into account factors including, but not limited to, the heat loss characteristics of ceilings, walls, floors, windows, doors and heating ducts.

      (3) Upon adoption of the rating system under subsections (1) and (2) of this section, the department shall publicize the availability of the system, and encourage its voluntary use in real estate transactions.

      (4) As used in subsections (1) to (3) of this section, “single family residence” means a structure designed as a residence for one family and sharing no common wall with another residence of any type. [1977 c.413 §§1,2,3; 1993 c.744 §113; 2003 c.675 §44; 2009 c.567 §§9,22]

 

(Home Energy Performance Score System)

 

      469.703 Home energy performance score system; home energy assessors; reports; database; rules. (1) As used in this section:

      (a) “Home energy assessor” has the meaning given that term in ORS 701.527.

      (b) “Home energy audit” means the evaluation or testing of components or systems in a residential building for the purpose of identifying options for increasing energy conservation and energy efficiency.

      (c) “Home energy performance score” has the meaning given that term in ORS 701.527.

      (2) In consultation with the Public Utility Commission, the State Department of Energy shall adopt by rule a home energy performance score system by which a person may assign a residential building a home energy performance score for the purpose of evaluating the energy conservation and energy efficiency of the building.

      (3) The department shall designate by rule programs for the training of home energy assessors. Programs designated by the department under this subsection must ensure competency in conducting home energy audits and assigning home energy performance scores.

      (4) Subject to subsection (5) of this section, the department may adopt by rule requirements under which home energy assessors who are certified under ORS 701.532 must report to the department the home energy performance scores assigned by the home energy assessors. The department shall keep and maintain a database of information reported to the department under this subsection.

      (5) Rules adopted under subsection (4) of this section may not allow for the reporting of individual addresses of residential structures or the names of individual homeowners, but may allow for the reporting of information regarding the jurisdiction in which a residential structure is located and the utility services provided, any specific energy efficiency features of the residential structure or other general information that allows the department to make any aggregated evaluations of savings attributable to energy efficiency. [2013 c.383 §12]

 

      Note: 469.703 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.

 

(Low Interest Loans)

 

      469.710 Definitions for ORS 469.710 to 469.720. As used in ORS 469.710 to 469.720, unless the context requires otherwise:

      (1) “Annual rate” means the yearly interest rate specified on the note, and is not the annual percentage rate, if any, disclosed to the applicant to comply with the federal Truth in Lending Act.

      (2) “Commercial lending institution” means any bank, mortgage banking company, trust company, savings bank, savings and loan association, credit union, national banking association, federal savings and loan association or federal credit union maintaining an office in this state.

      (3) “Cost-effective” means that an energy conservation measure that provides or saves a specific amount of energy during its life cycle results in the lowest present value of delivered energy costs of any available alternative. However, the present value of the delivered energy costs of an energy conservation measure may not be treated as greater than that of a nonconservation energy resource or facility unless that cost is greater than 110 percent of the present value of the delivered energy cost of the nonconservation energy resource or facility.

      (4) “Dwelling” means real or personal property within the state inhabited as the principal residence of a dwelling owner or a tenant. “Dwelling” includes a manufactured dwelling as defined in ORS 446.003, a floating home as defined in ORS 830.700 and a single unit in multiple-unit residential housing. “Dwelling” does not include a recreational vehicle as defined in ORS 446.003.

      (5) “Dwelling owner” means the person who has legal title to a dwelling, including the mortgagor under a duly recorded mortgage of real property, the trustor under a duly recorded deed of trust or a purchaser under a duly recorded contract for purchase of real property.

      (6) “Energy audit” means:

      (a) The measurement and analysis of the heat loss and energy utilization efficiency of a dwelling;

      (b) An analysis of the energy savings and dollar savings potential that would result from providing energy conservation measures for the dwelling;

      (c) An estimate of the cost of the energy conservation measures that includes:

      (A) Labor for the installation of items designed to improve the space heating and energy utilization efficiency of the dwelling; and

      (B) The items installed; and

      (d) A preliminary assessment, including feasibility and a range of costs, of the potential and opportunity for installation of:

      (A) Passive solar space heating and solar domestic water heating in the dwelling; and

      (B) Solar swimming pool heating, if applicable.

      (7) “Energy conservation measures” means measures that include the installation of items and the items installed that are primarily designed to improve the space heating and energy utilization efficiency of a dwelling. These items include, but are not limited to, caulking, weatherstripping and other infiltration preventative materials, ceiling and wall insulation, crawl space insulation, vapor barrier materials, timed thermostats, insulation of heating ducts, hot water pipes and water heaters in unheated spaces, storm doors and windows, double glazed windows and dehumidifiers. “Energy conservation measures” does not include the dwelling owner’s own labor.

      (8) “Finance charge” means the total of all interest, loan fees and other charges related to the cost of obtaining credit and includes any interest on any loan fees financed by the lending institution.

      (9) “Fuel oil dealer” means a person, association, corporation or any other form of organization that supplies fuel oil at retail for the space heating of dwellings.

      (10) “Residential fuel oil customer” means a dwelling owner or tenant who is billed by a fuel oil dealer for fuel oil service for space heating received at the dwelling.

      (11) “Space heating” means the heating of living space within a dwelling.

      (12) “Wood heating resident” means a person whose primary space heating is provided by the combustion of wood. [1981 c.894 §22; 1987 c.749 §5; 1989 c.648 §69; 2005 c.22 §342]

 

      469.715 Low interest loans for cost-effective energy conservation; rate. (1) Dwelling owners who are or who rent to residential fuel oil customers, or who are or who rent to wood heating residents, shall be eligible for low-interest loans for cost-effective energy conservation measures through commercial lending institutions.

      (2) The annual rate shall not exceed six and one-half percent annually for loans provided by commercial lending institutions to dwelling owners who are or who rent to residential fuel oil customers, or who are or who rent to wood heating residents for the purpose of financing energy conservation measures pursuant to ORS 469.710 to 469.720. [1981 c.894 §§23,24; 1987 c.749 §6]

 

      469.717 When installation to be completed. (1) Installation of the energy conservation measures must be completed within 90 days after receipt of loan funds. The State Department of Energy may provide an inspection at the owner’s request.

      (2) Notwithstanding the provisions of subsection (1) of this section, the department may inspect installation of energy conservation measures to verify that all loan or other state subsidy funds have been used for energy conservation measures recommended in the audit, that installation has been performed in a workmanlike manner and that materials used satisfy prevailing industry standards. If requested to do so by the department, the dwelling owner shall provide the department with copies of receipts and any other documents verifying the cost of energy conservation measures. [1987 c.749 §3]

 

      469.719 Eligibility of lender for tax credit not affected by owner’s failure. Eligibility of the lender for any tax credit under ORS 317.112 shall not be affected by any dwelling owner’s failure to use the loan for qualifying energy conservation measures. [1987 c.749 §4]

 

      469.720 Energy audit required; permission to inspect required; owner not to receive other incentives. (1) A dwelling owner who is or who rents to a residential fuel oil customer, or who is or who rents to a wood heating resident, may not apply for low-interest financing under ORS 469.710 to 469.720 unless:

      (a) The dwelling owner, customer or resident has first requested and obtained an energy audit from a fuel oil dealer, a publicly owned utility or an investor-owned utility or from a person under contract with the State Department of Energy under ORS 316.744, 317.111, 317.386 and 469.631 to 469.687;

      (b) The dwelling owner first submits to the department written permission to inspect the installations to verify that installation of energy conservation measures has been made;

      (c) The dwelling owner presents to the lending institution a copy of the energy audit together with certification that the dwelling in question receives space heating from fuel oil or wood and a copy of the written permission to inspect submitted to the department under paragraph (b) of this subsection; and

      (d) The dwelling owner does not receive any other state incentives for that part of the cost of the energy conservation measures to be financed by the loan.

      (2) Any dwelling owner applying for low-interest financing under ORS 469.710 to 469.720 who is or who rents to a residential fuel oil customer, or who is or who rents to a wood heating resident, may use without obtaining a new energy audit any assistance and technical advice obtained from an energy supplier before November 1, 1981, under chapter 887, Oregon Laws 1977, or from a public utility under chapter 889, Oregon Laws 1977, including an estimate of cost for installation of weatherization materials. [1981 c.894 §§25,26; 1987 c.749 §7; 1997 c.249 §167; 2003 c.46 §53]

 

(Public Buildings)

 

      469.730 Declaration of purpose. It is the purpose of ORS 469.730 to 469.745 to promote voluntary measures to conserve energy in public buildings or groups of buildings constructed prior to January 1, 1978, through the adoption of energy conservation standards. [1977 c.853 §1]

 

      469.735 Definitions for ORS 469.730 to 469.745. As used in ORS 469.730 to 469.745, unless the context requires otherwise:

      (1) “Department” means the Department of Consumer and Business Services.

      (2) “Director” means the Director of the Department of Consumer and Business Services.

      (3) “Public building” means any publicly or privately owned building constructed prior to January 1, 1978, including the outdoor areas adjacent thereto, which:

      (a) Is open to and frequented by the public; or

      (b) Serves as a place of employment. [1977 c.853 §2; 1987 c.414 §154; 1993 c.744 §114]

 

      469.740 Rules establishing energy conservation standards for public buildings; bases. In accordance with ORS chapter 183 and after consultation with the Building Codes Structures Board or with the Construction Industry Energy Board, the Director of the Department of Consumer and Business Services shall adopt rules establishing energy conservation standards for public buildings. The standards shall provide means of measuring and reducing total energy consumption and shall take into account:

      (1) The climatic conditions of the areas in which particular buildings are located; and

      (2) The three basic systems comprising any functioning building, which are:

      (a) Energized systems such as those required for heating, cooling, lighting, ventilation, conveyance and business equipment operation.

      (b) Nonenergized systems such as floors, ceilings, walls, roof and windows.

      (c) Human systems such as maintenance, operating and management personnel, tenants and other users. [1977 c.853 §3; 1987 c.414 §154a; 1993 c.744 §115; 2009 c.567 §10]

 

      469.745 Voluntary compliance program. To provide the public with a guide for energy conservation, the Director of the State Department of Energy shall adopt a program for voluntary compliance by the public with the standard adopted by the Director of the Department of Consumer and Business Services under ORS 469.740. [1977 c.853 §4; 1987 c.414 §155]

 

      469.750 State purchase of alternative fuels. (1) Any state agency, board, commission, department or division that is authorized to purchase or otherwise acquire fuel for the systems providing heating, air conditioning, lighting and the supply of domestic hot water for public buildings and grounds may enter into long-term contracts for the purchase of alternative fuels. Such contracts may be for terms not longer than 20 years.

      (2) As used in this section:

      (a) “Alternative fuels” includes all fuels other than petroleum, natural gas, coal and products derived therefrom. The term includes, but is not limited to, solid wastes or fuels derived from solid wastes.

      (b) “Public buildings and grounds” has the meaning given that term in ORS 276.210. [1981 c.386 §6]

 

      Note: 469.750 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

(State Agency Projects)

 

      469.752 Definitions for ORS 469.752 to 469.756. As used in ORS 469.752 to 469.756, unless the context requires otherwise:

      (1) “Project” means a state agency’s improvement of the efficiency of energy use through conservation, development of cogeneration facilities or use of renewable resources. “Project” does not include a plan of a state agency to improve the efficiency of energy use in a state rented facility if the payback period for the project exceeds the term of the current state lease for that facility.

      (2) “Savings” means any reduction in energy costs or net income derived from the sale of energy generated through a project.

      (3) “State agency” has the meaning given that term in ORS 278.005. [1991 c.487 §1; 1993 c.86 §1; 1995 c.551 §16; 2003 c.186 §47]

 

      Note: 469.752 to 469.756 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      469.754 Authority of state agencies to establish projects; use of savings; rules. (1) State agencies are authorized to enter into such contractual and other arrangements as may be necessary or convenient to design, develop, operate and finance projects on-site at state owned or state rented facilities. In developing such projects, state agencies shall offer a right of first refusal of two months for conservation and direct use renewable resources and three months for cogeneration and generating renewable resources to each local utility providing utility service to the agency to jointly develop, finance, operate and otherwise act together in the development and operation of such projects. The State Department of Energy shall adopt rules to establish the procedure by which the right of first refusal shall be administered. In adopting the rules, the department shall insure that the local utility providing utility service to the state agency is entitled to the first right to negotiate with the state agency and that the utility is entitled to match any offer made by any other entity to participate in the project. The department also shall adopt procedures that insure that the right to first negotiate and the right to match any offer applies to the sale of electrical or steam output from the project.

      (2)(a) For as long as a project established under ORS 469.752 to 469.756 produces savings:

      (A) A state agency’s budget shall not be cut because of savings due to the project; and

      (B) A state agency shall retain 50 percent of the net savings to the state agency after any project debt service.

      (b) Savings from a project shall be deposited in a revolving fund administered by the state agency.

      (3) A state agency shall spend the savings under subsection (2) of this section to increase productivity through:

      (a) Energy efficiency projects;

      (b) High-tech improvements, such as the purchase or installation of new desktop or laptop computers or the linkage of computers into systems or networks; or

      (c) Infrastructure improvements.

      (4) The moneys credited to the revolving fund may be invested and reinvested as provided in ORS 293.701 to 293.790. Notwithstanding ORS 293.105 (3) or any other provision of law, interest or other earnings on moneys in the revolving fund shall be credited to the revolving fund.

      (5) The remaining 50 percent of net savings to the state agency after any project debt service shall be deposited in the General Fund.

      (6) Nothing in ORS 469.752 to 469.756 authorizes a state agency to sell electricity to an entity other than an investor owned utility, a publicly owned utility, an electric cooperative utility or the Bonneville Power Administration.

      (7) Nothing in ORS 469.752 to 469.756 limits the authority of a state agency conferred by any other provision of law, or affects any authority, including the authority of a municipality, to regulate utility service under existing law. [1991 c.487 §2; 1993 c.86 §2]

 

      Note: See note under 469.752.

 

      469.756 Rules; technical assistance; evaluations. The State Department of Energy in consultation with other state agencies and utilities shall adopt rules, guidelines and procedures that are necessary to establish savings for projects and to implement other provisions of ORS 469.752 to 469.756, including, but not limited to, rules prescribing the procedures to be followed by an agency in negotiating with local utilities to develop agreements suitable for the joint development of projects, and procedures to determine which local utility, if any, shall be chosen to jointly develop the project. The department may enter into agreements under ORS chapter 190 with state agencies to provide technical assistance in selecting appropriate projects and to evaluate and determine energy and cost savings. [1991 c.487 §3]

 

      Note: See note under 469.752.

 

      469.785 [2007 c.739 §31; renumbered 469B.400 in 2011]

 

      469.790 [2007 c.739 §5; 2011 c.730 §3; renumbered 469B.403 in 2011]

 

      469.800 [1981 c.49 §1; renumbered 469.803 in 1999]

 

PACIFIC NORTHWEST ELECTRIC POWER AND CONSERVATION PLANNING COUNCIL

 

      469.802 Definition for ORS 469.802 to 469.845. As used in ORS 469.802 to 469.845, “council” means the Pacific Northwest Electric Power and Conservation Planning Council. [1999 c.59 §141]

 

      469.803 Oregon participation in Pacific Northwest Electric Power and Conservation Planning Council. The State of Oregon agrees to participate in the formation of the Pacific Northwest Electric Power and Conservation Planning Council pursuant to the Pacific Northwest Electric Power Planning and Conservation Act of 1980, Public Law 96-501. Participation of the State of Oregon in the council is essential to assure adequate representation for the citizens of Oregon in decision making to achieve cost-effective energy conservation, to encourage the development of renewable energy resources, to establish a representative regional power planning process, to assure the Pacific Northwest region of an efficient and adequate power supply and to fulfill the other purposes stated in section 2 of Public Law 96-501. [Formerly 469.800]

 

      469.805 State members of council; confirmation; qualifications. (1) The Governor, subject to Senate confirmation pursuant to section 4, Article III of the Oregon Constitution, shall appoint two persons to serve as members of the Pacific Northwest Electric Power and Conservation Planning Council for terms of three years.

      (2) In making the appointments under subsection (1) of this section, the Governor shall consider but is not limited to:

      (a) Prior experience, training and education as related to the duties and functions of the council and the priorities contained in section 4 of Public Law 96-501.

      (b) General knowledge of the concerns, conditions and problems of the physical, social and economic environment of the State of Oregon.

      (c) The need for diversity of experience and education related to the functions and duties of the council and priorities of Public Law 96-501.

      (3) Of the persons appointed under subsection (1) of this section, not more than one member of the Oregon delegation to the council shall reside within the boundary of an area that includes the First and Third Congressional Districts of this state and the Portland, Oregon, Metropolitan Statistical Area. [1981 c.49 §2; 1995 c.156 §1; 1997 c.249 §168; 2009 c.11 §69; 2013 c.1 §71]

 

      469.810 Conflicts of interest prohibited. (1) A Pacific Northwest Electric Power and Conservation Planning Council member or member of the council member’s household may not own or have any beneficial interest in any stock or indebtedness of any utility or direct service industry.

      (2) A council member or a member of the council member’s household may not be a director, officer, agent or employee of any utility or direct service industry.

      (3) A council member or a member of the council member’s household may not be a director, officer, agent or employee of or hold any proprietary interest in any consulting firm that does business with any utility or direct service industry.

      (4) A council member or a member of the council member’s household may not receive any compensation from any utility or direct service industry arising out of the member’s business, trade or profession.

      (5) A council member is a public official subject to the provisions and reporting requirements of ORS chapter 244.

      (6) A council member must be a citizen of the United States and must have resided in the State of Oregon for at least one year preceding appointment.

      (7) A council member may not hold any other elected or appointed lucrative public office or be principally engaged in any other business or vocation.

      (8) As used in this section:

      (a) “Beneficial interest” does not include an interest in a pension fund, a mutual fund or an insurance fund.

      (b) “Consulting firm” means any corporation, partnership or sole proprietorship whose principal business is providing personal services.

      (c) “Member of the household” means any relative who resides with the council member.

      (d) “Relative” means the spouse of the council member, any children of the council member or of the council member’s spouse, and brothers, sisters or parents of the council member or of the council member’s spouse.

      (e) “Utility or direct service industry” means a utility or direct service industry customer that purchases electrical energy directly from the Bonneville Power Administration. [1981 c.49 §3; 1987 c.566 §23; 2007 c.865 §38]

 

      469.815 Status of members; duties; attendance at public meetings; technical assistance. (1) Persons appointed by the Governor and confirmed by the Senate to serve as Pacific Northwest Electric Power and Conservation Planning Council members shall be considered to be full-time state public officials. Council members shall perform the duties of members of the council as specified in Public Law 96-501, consistently with the priorities contained in section 4 thereof and as otherwise provided in state law.

      (2) If public meetings are held in the State of Oregon, pursuant to section 4(g)(1) of Public Law 96-501, council members must either attend the meeting or otherwise become familiar with the nature and content of the meeting.

      (3) A council member may request, and state agencies shall provide, technical assistance to assist the council member in performing the council member’s duties. [1981 c.49 §4]

 

      469.820 Term; reappointment; vacancy. (1) Each Pacific Northwest Electric Power and Conservation Planning Council member shall serve a term ending January 15 of the third year following appointment. A council member, except upon removal as provided in ORS 469.830 (2), continues to serve as a member of the council until a successor is appointed and confirmed.

      (2) A council member is eligible for reappointment, subject to Senate confirmation, but no member shall serve more than three consecutive terms. A council member who serves 18 months or more of a term shall be considered to have served a full term. However, with respect to the initial term consisting of two years, a council member who serves 12 months or more shall be considered to have served a full term.

      (3) Within 30 days of the creation of a vacancy in the position of a council member, the Governor shall appoint a person to serve the succeeding term or the remainder of the unexpired term. However, the Governor need not appoint a person to serve the remainder of the unexpired term if the vacancy occurs within 30 days or less of the expiration of the term. [1981 c.49 §5]

 

      469.825 Prohibited activities of members. (1) A person who has been a Pacific Northwest Electric Power and Conservation Planning Council member shall not engage in any of the activities prohibited by ORS 469.810 (2) and (3), within one year after ceasing to be a council member.