469 - oregonlegislature.gova tax credit for energy conservation mea-sures installed in rental housing units pur-suant to ORS 469.636. The tax credit shall apply to only the first $5,000

Chapter 4692007 EDITION

Energy; Conservation Programs; Energy Facilities

GENERAL PROVISIONS469.010 Policy469.020 Definitions

STATE DEPARTMENT OF ENERGY;ADMINISTRATION

469.030 State Department of Energy; duties469.040 Director; duties; appointment; rules469.050 Limitations on subsequent employment of

director; sanctions469.055 Authority of department to require fin-

gerprints469.060 Comprehensive energy plan; energy pric-

ing structures research469.070 Energy forecast; contents; fees469.080 Energy resource information; subpoena

power; depositions; limitations on obtain-ing information; protection from abuse

469.085 Procedure for imposing civil penalties;rules

469.090 Confidentiality of information submittedunder ORS 469.080

469.097 Duty to monitor industry progress in en-ergy conservation

469.100 Agency consideration of legislative policy;agency review of rules

469.110 Dealings with federal government; inter-vention by State Department of Energy inagency action

469.120 State Department of Energy Account; ap-propriation; record of moneys

469.135 Energy Conservation Clearinghouse forCommerce and Industry

469.150 Energy suppliers to provide conservationservices and information; rules

469.155 Advisory energy conservation standardsfor dwellings; rules

ALTERNATIVE ENERGY DEVICES469.160 Definitions for ORS 469.160 to 469.180; rules469.165 Rules; federal standards469.170 Claim for tax credits; rules; eligibility;

contents; contractor system certification469.171 Transfer of tax credit for alternative fuel

vehicle; rules469.172 Ineligible devices; rules469.176 Performance assumptions and prescriptive

measures for tax credits469.180 Forfeiture of tax credits; revocation of

contractor certificate; inspection; effectof failure to allow inspection

RENEWABLE ENERGY RESOURCES469.185 Definitions for ORS 469.185 to 469.225 and

469.878; rules469.190 Policy469.195 Priority given to certain projects; criteria

469.197 Rules; criteria for high-performancehomes, renewable energy systems, com-bined heat and power facilities andrenewable energy resource equipment

469.200 Annual limit to cost of facility in grantingtax credits

469.205 Application for preliminary certification;eligibility; contents; fees; rules

469.206 Transferability of facility tax credit; rules;effect on taxes reported by public utility

469.207 Tax credit for rental housing units; eligi-bility

469.208 Transferability of rental housing unit taxcredit; rules

469.210 Submission of plans, specifications andcontract terms; preliminary certification

469.215 Final certification; eligibility; application;content

469.217 Rules; fees for certification469.220 Certificate required for tax credits; certi-

fication not to exceed five years469.225 Revocation of certificate; forfeiture of tax

credits; collection

ENERGY EFFICIENCY STANDARDS(Temporary provisions relating to outdoorlighting are compiled as notes precedingORS 469.229)

469.229 Definitions for ORS 469.229 to 469.261469.233 Energy efficiency standards469.235 Certain reflector lamps exempt from

standards469.238 Sale of products not meeting standards

prohibited; exemptions469.239 Installation of products not meeting

standards prohibited; exemptions469.255 Manufacturers to test products; test

methods; certification of products; rules469.261 Department to review standards; rules;

postponement of operative dates of stan-dards; application for waiver of federalpreemption

REGULATION OF ENERGY FACILITIES(General Provisions)

469.300 Definitions469.310 Policy

(Siting)469.320 Site certificate required; exceptions469.330 Notice of intent to file application for site

certificate; public notice; standards, ap-plication requirements and study require-ments; project order; rules

469.350 Application for site certificate; commentand recommendation

469.360 Evaluation of site applications; costs;payment

469.370 Draft proposed order for hearing; issuesraised; final order; expedited processing

Title 36 Page 1 (2007 Edition)

PUBLIC HEALTH AND SAFETY

469.373 Expedited processing for certain naturalgas energy facilities

469.375 Required findings for radioactive wastedisposal facility certificate

469.378 Land use compatibility statement for en-ergy facility

469.401 Energy facility site certificate; conditions;effect of issuance on state and local gov-ernment agencies

469.402 Delegation of review of future action re-quired by site certificate

469.403 Rehearing on approval or rejection of ap-plication for site certificate or amend-ment; appeal; judicial review vested inSupreme Court; stay of order

469.405 Amendment of site certificate; judicialreview; exemption; rules

469.407 Amendment of application to increase ca-pacity of facility

469.409 Amendment of site certificate to demon-strate compliance with carbon dioxideemissions standard; binding arbitration toresolve disputes

469.410 Energy facility site certificate applicationsfiled or under construction prior to July2, 1975; conditions of site certificate;monitoring programs

469.421 Fees; exemptions; assessment of certainutilities and suppliers; penalty

469.430 Site inspections469.440 Grounds for revocation or suspension of

certificates469.441 Justification of fees charged; judicial re-

view

(High Voltage Transmission Lines)469.442 Procedure prior to construction of trans-

mission line in excess of 230,000 volts; re-view committee

(Administration)469.450 Energy Facility Siting Council; appoint-

ment; confirmation; term; restrictions469.460 Officers; meetings; compensation and ex-

penses469.470 Powers and duties; rules469.480 Local government advisory group; special

advisory groups; compensation and ex-penses; Electric and Magnetic Field Com-mittee; rules

(Rules; Standards; Compliance)469.490 Adoption of rules; determination of valid-

ity469.501 Energy facility siting, construction, oper-

ation and retirement standards; ex-emptions

469.503 Requirements for approval of energy fa-cility site certificate; carbon dioxideemissions standard; offset funds; use ofoffset funds by qualifying organization;rules

469.504 Facility compliance with statewide plan-ning goals; exception; amendment of localplan and land use regulations; conflicts;technical assistance; rules

469.505 Consultation with other agencies469.507 Monitoring environmental and ecological

effects of construction and operation ofenergy facilities

469.520 Cooperation of state governmental bodies;adoption of rules by state agencies onenergy facility development

(Plant Operations; Radioactive Wastes)469.525 Radioactive waste disposal facilities pro-

hibited; exceptions; rules469.530 Review and approval of security programs469.533 State Department of Energy rules for

health protection and evacuation proce-dures in nuclear emergency

469.534 County procedures469.535 Governor may assume control of emer-

gency operations during nuclear accidentor catastrophe

469.536 Public utility to disseminate informationunder ORS 469.533

469.540 Reductions or curtailment of operationsfor violation of safety standards; notice;time period for repairs; transport and dis-posal of radioactive materials

469.550 Order for halt of plant operations or ac-tivities with radioactive material; notice

469.553 Active uranium mill or mill tailings dis-posal facility site certification required;procedure for review; fees

469.556 Rules governing uranium-related activ-ities

469.559 Cooperative agreements authorized be-tween council and federal officials andagencies; rules; powers of Governor; ex-ception for inactive or abandoned site

(Records)469.560 Records; public inspection; confidential

information

(Insurance)469.561 Property insurance required; exceptions;

filing of policy469.562 Eligible insurers

(Enforcement)469.563 Court orders for enforcement

(Oregon Hanford Cleanup Board)469.566 Legislative findings469.568 Construction of ORS 469.566 to 469.583469.569 Definitions for ORS 469.566 to 469.583469.571 Oregon Hanford Cleanup Board; members;

appointment469.572 Compensation of board members469.573 Purpose of Oregon Hanford Cleanup Board469.574 Duties of Oregon Hanford Cleanup Board;

coordination with Washington469.575 Duties of chairperson of Oregon Hanford

Cleanup Board469.576 Review of Hanford as site selected for

long-term disposal of high-level radioac-tive waste

469.577 Lead agency; agreements with federalagencies related to long-term disposal ofhigh-level radioactive waste

469.578 Oregon Hanford Cleanup Board to imple-ment agreements with federal agencies

469.579 Authority to accept moneys; disbursementof funds; rules


ENERGY; CONSERVATION PROGRAMS; ENERGY FACILITIES

469.581 Advisory and technical committees469.582 Cooperation with Oregon Hanford Cleanup

Board; technical assistance from otherstate agencies

469.583 Rules

(Federal Site Selection)469.584 Findings469.585 Activities of state related to selection of

high-level radioactive waste disposal site

(Hanford Nuclear Reservation)469.586 Findings469.587 Position of State of Oregon related to op-

eration of Hanford Nuclear Reservation

(Siting of Nuclear-Fueled Thermal Power Plants)469.590 Definitions for ORS 469.590 to 469.595469.593 Findings469.594 Storage of high-level radioactive waste

after expiration of license prohibited;continuing responsibility for storage; im-plementation agreements

469.595 Condition to site certificate for nuclear-fueled thermal power plant

469.597 Election procedure; elector approval re-quired

469.599 Public Utility Commission′s duty469.601 Effect of ORS 469.595 on applications and

applicants

(Transportation of Radioactive Material)469.603 Intent to regulate transportation of ra-

dioactive material469.605 Permit to transport required; application;

delegation of authority to issue permits;fees; rules

469.606 Determination of best and safest route469.607 Authority of council; rules469.609 Annual report to state agencies and local

governments on shipment of radioactivewastes

469.611 Emergency preparedness and responseprogram; radiation emergency responseteam; training

469.613 Records; inspection; rules469.615 Indemnity for claims against state insur-

ance coverage certification; reimburse-ment for costs incurred in nuclearincident

469.617 Report to legislature; content469.619 State Department of Energy to make fed-

eral regulations available

RESIDENTIAL ENERGY CONSERVATION ACT

(Investor-Owned Utilities)469.631 Definitions for ORS 469.631 to 469.645469.633 Investor-owned utility program469.634 Contributions for urban and community

forest activities by customers of investor-owned utilities; rules; uses

469.635 Alternative program of investor-ownedutilities

469.636 Additional financing program by investor-owned utility for rental dwelling

469.637 Energy conservation part of utility serviceof investor-owned utility

469.639 Billing for energy conservation measures469.641 Conditions for cash payments to dwelling

owner by investor-owned utility469.643 Formula for customer charges; rules469.645 Implementation of program by investor-

owned utility

(Publicly Owned Utilities)469.649 Definitions for ORS 469.649 to 469.659469.651 Publicly owned utility program469.652 Contributions for urban and community

forest activities by customers of publiclyowned utilities; rules; uses

469.653 Alternative program of publicly ownedutility

469.655 Energy conservation as part of utilityservice of publicly owned utility

469.657 Conditions for cash payments to dwellingowner by publicly owned utility

469.659 Implementation of program by publiclyowned utility

(Oil Dealers)469.673 Definitions for ORS 469.673 to 469.683469.675 Oil dealer program469.677 Contracts for information, assistance and

technical advice; standards for energyaudits

469.679 Implementation by fuel dealer469.681 Petroleum supplier assessment; computa-

tion; effect of failure to pay; interest469.683 Oil-Heated Dwellings Energy Audit Ac-

count

(Miscellaneous)469.685 Use of earlier energy audit469.687 Title for ORS 469.631 to 469.687

ENERGY CONSERVATION PROGRAMS(Single Family Residence)

469.700 Energy efficiency ratings; public informa-tion; “single family residence” defined

(Low Interest Loans)469.710 Definitions for ORS 469.710 to 469.720469.715 Low interest loans for cost-effective en-

ergy conservation; rate469.717 When installation to be completed469.719 Eligibility of lender for tax credit not af-

fected by owner′s failure469.720 Energy audit required; permission to in-

spect required; owner not to receive otherincentives

(Public Buildings)469.730 Declaration of purpose469.735 Definitions for ORS 469.730 to 469.745469.740 Rules establishing energy conservation

standards for public buildings; bases469.745 Voluntary compliance program469.750 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 establishprojects; use of savings; rules

469.756 Rules; technical assistance; evaluations

BIOFUELS AND BIOMASS469.785 Fuel blends and solid biofuels; qualifica-

tion for tax credits; rules469.790 Biomass; eligibility for tax credits

PACIFIC NORTHWEST ELECTRICPOWER AND CONSERVATION

PLANNING COUNCIL469.802 Definition for ORS 469.802 to 469.845469.803 Oregon participation in Pacific Northwest

Electric Power and Conservation PlanningCouncil

469.805 State members of council; confirmation;qualifications

469.810 Conflicts of interest prohibited469.815 Status of members; duties; attendance at

public meetings; technical assistance469.820 Term; reappointment; vacancy469.825 Prohibited activities of members469.830 Removal of members; grounds; procedure469.835 Salary of members; staff469.840 Northwest Regional Power and Conserva-

tion Account; uses469.845 Annual report to Governor and legislature

COMMERCIAL ENERGY CONSERVATIONSERVICES PROGRAM

469.860 Definitions for ORS 469.860 to 469.900469.863 Gas utility to adopt commercial energy

audit program; rules

469.865 Electric utility to adopt commercial en-ergy conservation services program

469.870 Application of ORS 469.865, 469.870 and469.900 (1) to electric utility

469.875 Fee for gas utility audit469.878 Alternative fuels program469.880 Energy audit program; rules469.885 Publicly owned utility to adopt commer-

cial energy audit program; fee469.890 Publicly owned utility to adopt commer-

cial energy conservation program; fees;rules

469.895 Application of ORS 469.890 to 469.900 topublicly owned utility

469.900 Duty of commission to avoid conflict withfederal requirements

NORTHWEST INTERSTATE COMPACT ON LOW-LEVEL RADIOACTIVE

WASTE MANAGEMENT469.930 Northwest Interstate Compact on Low-

Level Radioactive Waste Management

POWER COSTS AND RATES469.950 Authority to enter into interstate cooper-

ative agreements to control power costsand rates; Bonneville Power Administra-tion

PENALTIES469.990 Penalties469.992 Civil penalties469.994 Civil penalty when contractor certificate

revoked


ENERGY; CONSERVATION PROGRAMS; ENERGY FACILITIES 469.020

GENERAL PROVISIONS469.010 Policy. The Legislative Assembly

finds and declares that:(1) Continued growth in demand for

nonrenewable energy forms poses a seriousand immediate, as well as future, problem. Itis essential that future generations not beleft a legacy of vanished or depleted re-sources, resulting in massive environmental,social and financial impact.

(2) It is the goal of Oregon to promotethe efficient use of energy resources and todevelop permanently sustainable energy re-sources. The need exists for comprehensivestate leadership in energy production, dis-tribution and utilization. It is, therefore, thepolicy of Oregon:

(a) That development and use of a diversearray of permanently sustainable energy re-sources be encouraged utilizing to the high-est degree possible the private sector of ourfree enterprise system.

(b) That through state government exam-ple and other effective communications, en-ergy conservation and elimination ofwasteful and uneconomical uses of energyand materials be promoted. This conservationmust include, but not be limited to, resourcerecovery and materials recycling.

(c) That the basic human needs of everycitizen, present and future, shall be givenpriority in the allocation of energy resources,commensurate with perpetuation of a freeand productive economy with special atten-tion to the preservation and enhancement ofenvironmental quality.

(d) That state government assist everycitizen and industry in adjusting to a dimin-ished availability of energy.

(e) That energy-efficient modes of trans-portation for people and goods shall be en-couraged, while energy-inefficient modes oftransportation shall be discouraged.

(f) That cost-effectiveness be consideredin state agency decision-making relating toenergy sources, facilities or conservation,and that cost-effectiveness be considered inall agency decision-making relating to energyfacilities.

(g) That state government shall providea source of impartial and objective informa-tion in order that this energy policy may beenhanced. [1975 c.606 §1; 1979 c.723 §1]

469.020 Definitions. As used in ORS176.820, 469.010 to 469.225, 469.860 (3),469.880 to 469.895, 469.900 (3), 469.990,469.992, 757.710 and 757.720, unless the con-text requires otherwise:

(1) “Agency” includes a department orother agency of state government, city,

county, municipal corporation, political sub-division, port, people′s utility district, jointoperating agency and electric cooperative.

(2) “Coal supplier” means any person en-gaged in the wholesale distribution in thisstate of coal intended for use in this state foran energy facility.

(3) “Cost-effective” means that an energyresource, facility or conservation measureduring its life cycle results in deliveredpower costs to the ultimate consumer nogreater than the comparable incrementalcost of the least cost alternative new energyresource, facility or conservation measure.Cost comparison under this definition shallinclude but not be limited to:

(a) Cost escalations and future availabil-ity of fuels;

(b) Waste disposal and decommissioningcosts;

(c) Transmission and distribution costs;(d) Geographic, climatic and other differ-

ences in the state; and(e) Environmental impact.(4) “Council” means the Energy Facility

Siting Council established under ORS469.450.

(5) “Department” means the State De-partment of Energy created under ORS469.030.

(6) “Director” means the Director of theState Department of Energy appointed underORS 469.040.

(7) “Energy facility” has the meaninggiven in ORS 469.300.

(8) “Energy generation area” means anarea within which the effects of two or moresmall generating plants may accumulate sothe small generating plants have effects of amagnitude similar to a single generatingplant of 25 megawatts or more. An energygeneration area for facilities using a geo-thermal resource and covered by a unitagreement, as provided in ORS 522.405 to522.545 or by federal law, shall be defined inthat unit agreement. If no such unit agree-ment exists, an energy generation area forfacilities using a geothermal resource shallbe the area that is within two miles, meas-ured from the electrical generating equip-ment of the facility, of an existing orproposed geothermal electric power generat-ing plant, not including the site of any othersuch plant not owned or controlled by thesame person.

(9) “Geothermal reservoir” means anaquifer or aquifers containing a commongeothermal fluid.

(10) “Nominal electric generating capac-ity” has the meaning given in ORS 469.300.


469.030 PUBLIC HEALTH AND SAFETY

(11) “Person” means an individual, part-nership, joint venture, private or public cor-poration, association, firm, public servicecompany, political subdivision, municipalcorporation, government agency, people′sutility district, or any other entity, public orprivate, however organized.

(12) “Petroleum supplier” means a petro-leum refiner in this state, or any person en-gaged in the wholesale distribution of crudepetroleum or derivative thereof or of propanein this state.

(13) “Related or supporting facilities”means any structure, proposed by the appli-cant, to be constructed or substantially mod-ified in connection with the construction ofan energy facility, including associatedtransmission lines, reservoirs, storage facili-ties, intake structure, road and rail access,pipelines, barge basins, office or publicbuildings, and commercial and industrialstructures. “Related or supporting facilities”does not include geothermal or undergroundgas storage reservoirs, production, injectionor monitoring wells or wellhead equipmentor pumps.

(14) “Site” means a proposed location ofan energy facility, and its related or sup-porting facilities.

(15) “Thermal power plant” has themeaning given that term by ORS 469.300.

(16) “Utility” includes:(a) An individual, a regulated electrical

company, a people′s utility district, a jointoperating agency, an electric cooperative,municipality or any combination thereof, en-gaged in or authorized to engage in thebusiness of generating, transmitting or dis-tributing electric energy;

(b) A person or public agency generatingelectric energy from an energy facility for itsown consumption; and

(c) A person engaged in this state in thetransmission or distribution of natural orsynthetic 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 De-partment of Energy.

(2) The State Department of Energyshall:

(a) Be the central repository within thestate government for the collection of dataon energy resources;

(b) Endeavor to utilize all public and pri-vate sources to inform and educate the pub-

lic about energy problems and ways in whichthe public can conserve energy resources;

(c) Engage in research, but wheneverpossible, contract with appropriate public orprivate agencies and dispense funds for re-search projects and other services related toenergy resources, except that the State De-partment of Energy shall endeavor to avoidduplication of research whether completed orin progress;

(d) Qualify for, accept and disburse orutilize any private or federal moneys or ser-vices available for the administration of ORS176.820, 192.501 to 192.505, 192.690, 469.010 to469.225, 469.300 to 469.563, 469.990, 757.710and 757.720;

(e) Administer federal and state energyallocation and conservation programs andenergy research and development programsand apply for and receive available fundstherefor;

(f) Be a clearinghouse for energy re-search to which all agencies shall send in-formation on all energy related research;

(g) Prepare contingent energy programsto include all forms of energy not otherwiseprovided pursuant to ORS 757.710 and757.720;

(h) Maintain an inventory of energy re-search projects in Oregon and the resultsthereof;

(i) Collect, compile and analyze energystatistics, data and information;

(j) Contract with public and privateagencies for energy activities consistent withORS 469.010 and this section; and

(k) Upon request of the governing bodyof any affected jurisdiction, coordinate apublic review of a proposed transmission lineaccording to the provisions of ORS 469.442.[1975 c.606 §4; 1981 c.792 §2; 1987 c.200 §4; 1993 c.569 §2;1995 c.551 §3; 1999 c.934 §5; 1999 c.1043 §9; 2003 c.186 §1]

469.040 Director; duties; appointment;rules. (1) The State Department of Energyshall be under the supervision of the Direc-tor of the State Department of Energy, whoshall:

(a) Supervise the day-to-day functions ofthe State Department of Energy;

(b) Supervise and facilitate the work andresearch on energy facility siting applica-tions at the direction of the Energy FacilitySiting Council;

(c) Hire, assign, reassign and coordinatepersonnel of the State Department of Energy,prescribe their duties and fix their compen-sation, subject to the State Personnel Re-lations Law; and

(d) Adopt rules and issue orders to carryout the duties of the director and the State



Department of Energy in accordance withORS chapter 183 and the policy stated inORS 469.010.

(2) The director may delegate to any offi-cer or employee the exercise and dischargein the director′s name of any power, duty orfunction of whatever character vested in thedirector by law. The official act of any per-son acting in the director′s name and by thedirector′s authority shall be considered anofficial act of the director.

(3) The director shall be appointed by theGovernor. [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 subsequentemployment of director; sanctions. (1) Aperson who has been the Director of theState Department of Energy shall not, withintwo years after the person ceases to be thedirector, be an employee of:

(a) An owner or operator of an energyfacility;

(b) An applicant for a site certificate; or(c) Any person who engages in the sale

or manufacture of any energy resource or ofany major component of an energy facility inOregon.

(2) Employment of any individual in vio-lation of subsection (1)(a) or (b) of this sec-tion shall be grounds for the revocation ofany license issued by this state or anyagency thereof and held by the person thatemploys such individual. [1975 c.606 §§6,7]

469.055 Authority of department torequire fingerprints. For the purpose of re-questing a state or nationwide criminal re-cords check under ORS 181.534, the StateDepartment of Energy may require the fin-gerprints of a person who:

(1)(a) Is employed or applying for em-ployment by the department; or

(b) Provides services or seeks to provideservices to the department as a contractoror volunteer; and

(2) Is, or will be, working or providingservices in a position:

(a) In the Hanford nuclear safety pro-gram;

(b) In which the person conducts energyaudits in schools, colleges, universities ormedical facilities;

(c) In the budget and finance section ofthe department;

(d) That has personnel or human re-sources functions as one of the position′sprimary responsibilities;

(e) In which the person is providing in-formation technology services and has con-trol over, or access to, information

technology systems that would allow theperson to harm the information technologysystems or the information contained in thesystems;

(f) In which the person has access topersonal information about employees ormembers of the public including Social Secu-rity numbers, dates of birth, driver licensenumbers or criminal background information;or

(g) In which the person has access to taxor financial information about individuals orbusiness entities or processes tax credits.[2005 c.730 §7]

Note: 469.055 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 469 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

469.060 Comprehensive energy plan;energy pricing structures research. (1)Every odd-numbered year, the State Depart-ment of Energy shall transmit to the Gover-nor and the Legislative Assembly acomprehensive plan including comments onthe energy forecasts of the utilities and onthe department′s independent analysis andevaluation. The plan shall be designed toidentify emerging trends related to energysupply, need and conservation and publichealth and safety factors, to estimate thelevel of statewide energy need for each yearin the forthcoming five-year period and forthe 10th and 20th year following issuance ofthe plan.

(2) Notwithstanding ORS 469.030 (2)(c),the department shall conduct research intoall energy pricing structures, relating priceto consumption and considering the inter-changeability of the various energy forms. Inconducting the research, the departmentshall consider matters including, but notlimited to, price elasticity, cross elasticity ofdemand and energy rate structures, as wellas the rate structure studies of the PublicUtility Commission. This research shall besubmitted biennially to the Legislative As-sembly and the Governor as a part of theplan described in subsection (1) of this sec-tion.

(3) Consistent with the legislatively ap-proved budget, the plan described in subsec-tions (1) and (2) of this section shall include,but not be limited to:

(a) An inventory of existing energy re-sources available to Oregon.

(b) An estimation of the potential con-tribution that various energy resources couldmake in satisfying Oregon′s future energyneeds consistent with the policy stated inORS 469.010 and where appropriate, the en-ergy plan and fish and wildlife programadopted by the Pacific Northwest Electric



Power and Conservation Planning Councilpursuant to P.L. 96-501.

(c) Recommendations for state and localgovernments to assist in the developmentand maximum use of cost-effective conserva-tion and renewable resources, consistentwith the policy stated in ORS 469.010 and,where appropriate, the energy plan and fishand wildlife program adopted by the PacificNorthwest Electric Power and ConservationPlanning Council pursuant to P.L. 96-501.

(d) Recommendations for proposed re-search, development and demonstration proj-ects and programs necessary to evaluate theavailability and cost-effectiveness of conser-vation and renewable resources in Oregon.

(4) The plan described in this sectionshall be compiled by organizing and refiningdata acquired by the department in the per-formance 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 De-partment of Energy shall issue a forecast onthe energy situation as it affects Oregon. Theforecast shall include, but not be limited to,an estimate of:

(a) Energy demand and the resourcesavailable to meet that demand; and

(b) Impacts of conservation and newtechnology, increased efficiency of presentenergy facilities, additions to present facili-ties, and construction of new facilities, onthe availability of energy to Oregon.

(2) The forecast shall include summaryforecasts for:

(a) Each of the first five years imme-diately following issuance of the forecast;and

(b) The 10th and 20th year following theissuance of the forecast.

(3) The forecast shall identify all majorcomponents of demand and any anticipatedincrease in demand, including but not limitedto population, commercial, agricultural andindustrial growth.

(4) The State Department of Energy, byJuly 1 of each even-numbered year, shall is-sue a statement setting forth the methodol-ogy and assumptions it intends to employ inpreparing the forthcoming forecast, anychanges in the preceding forecast, and anoutline of the contents of the biennial planto be published by the department on thefollowing January 1, and not later than the45th day thereafter, commence public hear-ings thereon.

(5) All state agencies, energy suppliers,owners of energy facilities, and other personswhom the Director of the State Departmentof Energy believes have an interest in the

subject or who have applied to the directortherefor, shall be supplied a copy of thestatement issued by the department on July1 of each even-numbered year. The directormay charge a reasonable fee for a copy ofthis statement not to exceed the cost thereof.

(6) After the public hearings required bysubsection (4) of this section, but not laterthan January 1 following the issuance of itsstatement, the department shall issue theforecast required by subsection (1) of thissection.

(7) The forecast shall be included withinthe plan provided for in ORS 469.060 (1). [1975c.606 §9; 1977 c.794 §3; 1983 c.273 §2; 2003 c.186 §17]

469.080 Energy resource information;subpoena power; depositions; limitationson obtaining information; protectionfrom abuse. (1) The Director of the StateDepartment of Energy may obtain all neces-sary information from producers, suppliersand consumers of energy resources withinOregon, and from political subdivisions inthis state, as necessary to carry out ORS176.820, 192.501 to 192.505, 192.690, 469.010 to469.225, 469.300 to 469.563, 469.990, 469.992,757.710 and 757.720. Such information mayinclude, but not be limited to:

(a) Sales volume;(b) Forecasts of energy resource require-

ments;(c) Inventory of energy resources; and(d) Local distribution patterns of infor-

mation under paragraphs (a) to (c) of thissubsection.

(2) In obtaining information under sub-section (1) of this section, the director, withthe written consent of the Governor, maysubpoena witnesses, material and relevantbooks, papers, accounts, records and memo-randa, administer oaths, and may cause thedepositions of persons residing within orwithout Oregon to be taken in the mannerprescribed for depositions in civil actions incircuit courts, to obtain information relevantto energy resources.

(3) In obtaining information under thissection, the director:

(a) Shall avoid eliciting information al-ready furnished by a person or political sub-division in this state to a federal, state orlocal regulatory authority that is available tothe director for such study; and

(b) Shall cause reporting procedures, in-cluding forms, to conform to existing re-quirements of federal, state and localregulatory authorities.

(4) Any person who is served with a sub-poena to give testimony orally or in writingor to produce books, papers, correspondence,memoranda, agreements or the documents or



records as provided in ORS 176.820, 192.501to 192.505, 192.690, 469.010 to 469.225, 469.300to 469.563, 469.990, 469.992, 757.710 and757.720, may apply to any circuit court inOregon for protection against abuse or hard-ship 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 civilpenalties; rules. (1) Except as otherwiseprovided in this section, civil penalties underORS 469.992 shall be imposed as provided inORS 183.745.

(2) Notwithstanding ORS 183.745 (2), thenotice to the person against whom a civilpenalty is to be imposed shall reflect a com-plete statement of the consideration given tothe factors listed in subsection (7) of thissection. The notice may be served by eitherthe Director of the State Department of En-ergy or the Energy Facility Siting Council.

(3) Notwithstanding ORS 183.745, if ahearing is not requested or if the person re-questing a hearing fails to appear, a finalorder shall be entered upon a prima faciecase made on the record of the agency.

(4) The provisions of this section are inaddition to and not in lieu of any other pen-alty or sanction provided by law. An actiontaken by the director or the council underthis section may be joined by the director orthe council with any other action against thesame person under this chapter.

(5) Any civil penalty recovered under thissection shall be paid into the General Fund.

(6) The director or the council shalladopt by rule a schedule of the amount ofcivil penalty that may be imposed for a par-ticular violation.

(7) In imposing a penalty under ORS469.992, the director or the council shallconsider:

(a) The past history of the person incur-ring a penalty in taking all feasible steps orprocedures necessary or appropriate to cor-rect or prevent any violation;

(b) Any prior violations of ORS chapter469 or rules, orders or permits relating to thealleged violation;

(c) The impact of the violation on publichealth and safety or public interests infishery, navigation and recreation;

(d) Any other factors determined by thedirector or the council to be relevant; and

(e) The alleged violator′s cooperativenessand effort to correct the violation.

(8) The penalty imposed under ORS469.992 may be remitted or mitigated uponsuch terms and conditions as the director orcouncil determines to be proper. Upon the

request of the person incurring the penalty,the director or council shall consider evi-dence of the economic and financial condi-tion of the person in determining whether apenalty shall be remitted or mitigated. [1991c.480 §2; 1991 c.734 §106; 2003 c.186 §19]

469.090 Confidentiality of informationsubmitted under ORS 469.080. (1) Informa-tion furnished under ORS 469.080 shall beconfidential and maintained as such, if sorequested by the person providing the infor-mation, if the information meets one of thefollowing requirements:

(a) The information is proprietary in na-ture; or

(b) The information consists of geologicaland geophysical information and data, in-cluding maps, concerning oil, gas or geother-mal resource wells.

(2) Nothing in this section prohibits theuse of confidential information to preparestatistics or other general data for publica-tion, so presented as to prevent identificationof particular persons. [1975 c.606 §19]

469.095 [1979 c.561 §9; repealed by 1993 c.475 §3]

469.097 Duty to monitor industryprogress in energy conservation. TheState Department of Energy shall to the ex-tent permitted by its resources monitor in-dustry progress in achieving energyconservation. [1981 c.865 §3; 1987 c.158 §96]

469.100 Agency consideration of legis-lative policy; agency review of rules. (1)All agencies shall consider the policy statedin ORS 469.010 in adopting or modifyingtheir rules and policies.

(2) All agencies shall review their rulesand policies to determine their consistencywith the policy stated in ORS 469.010. [1975c.606 §3; 1995 c.551 §20]

469.110 Dealings with federal govern-ment; intervention by State Departmentof Energy in agency action. (1) As to anymatter involving the federal government, itsdepartments or agencies, which is within thescope of the power and duties of the StateDepartment of Energy, the department mayrepresent its interest or, upon request, mayrepresent the interest of any county, city,state agency, special district or owner or op-erator of any energy facility.

(2) The department may intervene in anyproceeding undertaken by an agency for thepurpose of expressing its views as to the ef-fect of an agency action, upon state energyresources and state energy policy. [1975 c.606§12]

469.120 State Department of EnergyAccount; appropriation; record of mon-eys. (1) The State Department of EnergyAccount is established.



(2) All funds received by the State De-partment of Energy pursuant to law shall bepaid into the State Treasury and credited tothe State Department of Energy Account. Allmoneys in the account are continuously ap-propriated to the State Department of En-ergy for payment of expenses of the StateDepartment of Energy, the Oregon Depart-ment of Administrative Services and the En-ergy Facility Siting Council.

(3) The Director of the State Departmentof Energy shall keep a record of all moneysdeposited in the State Department of EnergyAccount. The record shall indicate by specialcumulative accounts the source from whichmoneys are derived and the individual activ-ity against which each withdrawal ischarged. [1975 c.606 §13; 1995 c.551 §5; 2003 c.186 §7]

469.130 [1975 c.606 §47; 1977 c.794 §5; 1977 c.891 §10;1987 c.879 §16; repealed by 1995 c.551 §21]

469.135 Energy Conservation Clearing-house for Commerce and Industry. TheState Department of Energy shall expand theEnergy Conservation Clearinghouse forCommerce and Industry so that it provides:

(1) Current information to business andindustry on:

(a) State and federal financing mech-anisms;

(b) Tax advantages of energy conserva-tion investments; and

(c) General economic advantages of en-ergy conservation investments.

(2) Teaching on conservation techniquesand 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 provideconservation services and information;rules. (1) As used in this section “energyconservation services” means services pro-vided by energy suppliers to educate and in-form customers and the public about energyconservation. Such services include but arenot limited to providing answers to questionsconcerning energy saving devices and pro-viding inspections and making suggestionsconcerning the construction and siting ofbuildings and residences.

(2) Energy suppliers other than publicutilities as defined in ORS 757.005, thatproduce, transmit, deliver or furnish heat,light or power shall establish energy conser-vation services and shall provide energyconservation information to customers and tothe public. The services shall be performedin accordance with such guidelines as theDirector of the State Department of Energymay by rule prescribe.

(3) As used in this section “energy sup-plier” means a publicly owned utility or fuel

oil dealer which supplies electricity or fueloil for the space heating of dwellings. [1977c.887 §13]

469.155 Advisory energy conservationstandards for dwellings; rules. (1) As usedin this section:

(a) “Dwelling” means real or personalproperty inhabited as the principal residenceof an owner or renter. “Dwelling” includesa manufactured dwelling as defined in ORS446.003, a floating home as defined in ORS830.700 and multiple unit residential housing.“Dwelling” does not include a recreationalvehicle as defined in ORS 446.003.

(b) “Energy conservation standards”means standards for the efficient use of en-ergy for space and water heating in a dwell-ing.

(2) The Director of the State Departmentof Energy shall establish advisory energyconservation standards for existing dwell-ings. The standards shall be adopted by rulein accordance with ORS 183.310 to 183.410.The standards:

(a) Shall take cost-effectiveness into ac-count; and

(b) Shall be compatible with and furtherthe state′s incentive programs for residentialenergy conservation.

(3) The director shall publicize the en-ergy conservation standards and encouragehome owners to voluntarily comply with thestandards. [1981 c.565 §2; 1987 c.158 §97; 1989 c.648§65; 2003 c.186 §20]

469.157 [1981 c.746 §7; repealed by 1995 c.79 §287]

ALTERNATIVE ENERGY DEVICES469.160 Definitions for ORS 469.160 to

469.180; rules. As used in ORS 316.116,317.115 and 469.160 to 469.180:

(1) “Alternative energy device” means acategory one alternative energy device or acategory two alternative energy device.

(2) “Alternative fuel device” means anyof the following:

(a) An alternative fuel vehicle;(b) Related equipment; or(c) A fueling station necessary to operate

an alternative fuel vehicle.(3) “Alternative fuel vehicle” means a

motor vehicle as defined in ORS 801.360 thatis:

(a) Registered in this state; and(b) Manufactured or modified to use an

alternative fuel, including but not limited toelectricity, natural gas, ethanol, methanol,propane and any other fuel approved in rulesadopted by the Director of the State Depart-ment of Energy that produces less exhaust



emissions than vehicles fueled by gasoline ordiesel. Determination that a vehicle is analternative fuel vehicle shall be made with-out regard to energy consumption savings.

(4) “Category one alternative energy de-vice” means:

(a) Any system, mechanism or series ofmechanisms that uses solar radiation forspace heating or cooling for one or moredwellings;

(b) Any system that uses solar radiationfor:

(A) Domestic water heating; or(B) Swimming pool, spa or hot tub heat-

ing and that meets the requirements setforth in ORS 316.116;

(c) A ground water heat pump andground loop system;

(d) Any wind powered device used to off-set or supplement the use of electricity byperforming a specific task such as pumpingwater;

(e) Equipment used in the production ofalternative fuels;

(f) A generator powered by alternativefuels and used to produce electricity;

(g) An energy efficient appliance;(h) An alternative fuel device; or(i) A premium efficiency biomass com-

bustion device that includes a dedicated out-side combustion air source and that meetsminimum performance standards that are es-tablished by the State Department of Energy.

(5) “Category two alternative energy de-vice” means a fuel cell system, solar electricsystem or wind electric system.

(6) “Coefficient of performance” meansthe ratio calculated by dividing the usableoutput energy by the electrical input energy.Both energy values must be expressed inequivalent units.

(7) “Contractor” means a person whosetrade or business consists of offering for salean alternative energy device, constructionservice, installation service or design service.

(8)(a) “Cost” means the actual cost of theacquisition, construction and installation ofthe alternative energy device paid by thetaxpayer for the alternative energy device.

(b) For an alternative fuel vehicle,“cost” means the difference between the costof the alternative fuel vehicle and the samevehicle or functionally similar vehicle manu-factured to use conventional gasoline or die-sel fuel or, in the case of modification of anexisting vehicle, the cost of the modification.“Cost” does not include any amounts paid forremodification of the same vehicle.

(c) For a fueling station necessary to op-erate an alternative fuel vehicle, “cost”means the cost to the contractor of con-structing or installing the fueling station ina dwelling and of making the fuel stationoperational in accordance with the specifica-tions issued under ORS 469.160 to 469.180and any rules adopted by the Director of theState Department of Energy.

(d) For related equipment, “cost” meansthe cost of the related equipment and anymodifications or additions to the relatedequipment necessary to prepare the relatedequipment for use in converting a vehicle toalternative fuel use.

(9) “Domestic water heating” means theheating of water used in a dwelling for bath-ing, clothes washing, dishwashing and otherrelated functions.

(10) “Dwelling” means real or personalproperty ordinarily inhabited as a principalor secondary residence and located withinthis state. “Dwelling” includes, but is notlimited to, an individual unit within multipleunit residential housing.

(11) “Energy efficient appliance” meansa clothes washer, clothes dryer, waterheater, refrigerator, freezer, dishwasher, ap-pliance designed to heat or cool a dwellingor other major household appliance that hasbeen certified by the State Department ofEnergy to have premium energy efficiencycharacteristics.

(12) “First year energy yield” of an al-ternative energy device is the usable energyproduced under average environmental con-ditions in one year.

(13) “Fuel cell system” means any sys-tem, mechanism or series of mechanisms thatuses fuel cells or fuel cell technology togenerate electrical energy for a dwelling.

(14) “Fueling station” includes but is notlimited to a compressed natural gas com-pressor fueling system or an electric charg-ing system for vehicle power batterycharging.

(15) “Placed in service” means:(a) The date an alternative energy device

is ready and available to produce usable en-ergy or save energy.

(b) For an alternative fuel vehicle:(A) In the case of purchase, the date that

the alternative fuel vehicle is first purchasedas an alternative fuel vehicle ready andavailable for use.

(B) In the case of modification, the datethat the modification is completed and thevehicle is ready and available for use as analternative fuel vehicle.



(c) For a fueling station necessary to op-erate an alternative fuel vehicle, the datethat the fueling station is first operational.

(d) For related equipment, the date thatthe equipment is first operational.

(16) “Related equipment” means equip-ment necessary to convert a vehicle to usean alternative fuel.

(17) “Solar electric system” means anysystem, mechanism or series of mechanisms,including photovoltaic systems, that uses so-lar radiation to generate electrical energy fora dwelling.

(18) “Wind electric system” means anysystem, mechanism or series of mechanismsthat uses wind to generate electrical energyfor a dwelling. [1977 c.196 §2; 1979 c.670 §3; 1981c.894 §4; 1983 c.346 §1; 1983 c.768 §2; 1987 c.492 §2; 1989c.880 §1; 1995 c.746 §19a; 1997 c.534 §4; 1999 c.510 §1; 2001c.584 §5; 2005 c.832 §6; 2007 c.843 §28]

Note: Section 36, chapter 843, Oregon Laws 2007,provides:

Sec. 36. The amendments to ORS 316.116, 469.160,469.165, 469.170, 469.172, 469.176 and 469.180 and section5a, chapter 832, Oregon Laws 2005, by sections 28 to 35of this 2007 Act apply to alternative energy devicesconstructed or installed on or after January 1, 2007.[2007 c.843 §36]

469.165 Rules; federal standards. (1)For the purposes of carrying out ORS 469.160to 469.180, the State Department of Energymay adopt rules prescribing minimum per-formance criteria for alternative energy de-vices for dwellings.

(2) The department, in adopting rules un-der this section for solar heating and coolingsystems, shall take into consideration appli-cable standards of federal performance crite-ria prescribed pursuant to the provisions ofsection 5506, title 42, United States Code(Solar Heating and Cooling Act of 1974).

(3) The Director of the State Departmentof Energy shall adopt rules governing thedetermination of eligibility, verification andcertification of an alternative fuel device forpurposes of the tax credits granted underORS 316.116 and 317.115, including but notlimited to rules that further define an alter-native fuel vehicle, related equipment or fu-eling station necessary to operate analternative fuel vehicle, that govern thecomputation of costs eligible for credit andthat require equitable allocation of the taxcredit benefits between the lessor and thelessee of an alternative fuel vehicle as acondition of tax credit eligibility. [1977 c.196§3; 1989 c.880 §2; 1997 c.534 §5; 2005 c.832 §7; 2007 c.843§30]

Note: See note under 469.160.

469.170 Claim for tax credits; rules;eligibility; contents; contractor systemcertification. (1) Any person may claim atax credit under ORS 316.116 (or ORS

317.115, if the person is a corporation) if theperson:

(a) Meets the requirements of ORS316.116 (or ORS 317.115, if applicable);

(b) Meets the requirements of ORS469.160 to 469.180; and

(c) Pays, subject to subsection (9) of thissection, all or a portion of the costs of analternative energy device.

(2) A credit under ORS 317.115 may beclaimed only if the alternative energy deviceis a fueling station necessary to operate analternative fuel vehicle.

(3)(a) In order to be eligible for a taxcredit under ORS 316.116 or 317.115, a personclaiming a tax credit for construction or in-stallation of an alternative energy device(including a fueling station) shall have thedevice certified by the State Department ofEnergy or constructed or installed by a con-tractor certified by the department undersubsection (5) of this section. This paragraphdoes not apply to an alternative fuel vehicleor to related equipment.

(b) Certification of an alternative fuelvehicle or related equipment shall be accom-plished under rules that shall be adopted bythe Director of the State Department of En-ergy.

(4) Verification of the purchase, con-struction or installation of an alternativeenergy device shall be made in writing on aform provided by the Department of Revenueand, if applicable, shall contain:

(a) The location of the alternative energydevice;

(b) A description of the type of device;(c) If the device was constructed or in-

stalled by a contractor, evidence that thecontractor has any license, bond, insuranceand permit required to sell and construct orinstall the alternative energy device;

(d) If the device was constructed or in-stalled by a contractor, a statement signedby the contractor that the applicant has re-ceived:

(A) A statement of the reasonably ex-pected energy savings of the device;

(B) A copy of consumer information pub-lished by the State Department of Energy;

(C) An operating manual for the alterna-tive energy device; and

(D) A copy of the contractor′s certifica-tion certificate or alternative energy devicesystem certificate for the alternative energydevice, as appropriate;

(e) If the device was not constructed orinstalled by a contractor, evidence that:



(A) The State Department of Energy hasissued an alternative energy device systemcertificate for the alternative energy device;and

(B) The taxpayer has obtained all build-ing permits required for construction or in-stallation of the device;

(f) A statement, signed by both the tax-payer claiming the credit and the contractorif the device was constructed or installed bya contractor, that the construction or instal-lation meets all the requirements of ORS469.160 to 469.180 or, if the device is a fuel-ing station and the taxpayer is the contrac-tor, a statement signed by the contractorthat the construction or installation meetsall of the requirements of ORS 469.160 to469.180;

(g) The date the alternative energy de-vice was purchased;

(h) The date the alternative energy de-vice was placed in service; and

(i) Any other information that the Direc-tor of the State Department of Energy or theDepartment of Revenue determines is neces-sary.

(5)(a) When the State Department of En-ergy finds that an alternative energy devicecan meet the standards adopted under ORS469.165, the Director of the State Departmentof Energy may issue a contractor systemcertification to the person selling and con-structing or installing the alternative energydevice.

(b) Any person who sells or installs morethan 12 alternative energy devices in oneyear shall apply for a contractor system cer-tification. An application for a contractorsystem certification shall be made in writingon a form provided by the State Departmentof Energy and shall contain:

(A) A statement that the contractor hasany license, bonding, insurance and permitthat is required for the sale and constructionor installation of the alternative energy de-vice;

(B) A specific description of the alterna-tive energy device, including, but not limitedto, the material, equipment and mechanismused in the device, operating procedure, siz-ing and siting method and construction orinstallation procedure;

(C) The addresses of three installationsof the device that are available for inspectionby the State Department of Energy;

(D) The range of installed costs to pur-chasers of the device;

(E) Any important construction, installa-tion or operating instructions; and

(F) Any other information that the StateDepartment of Energy determines is neces-sary.

(c) A new application for contractor sys-tem approval shall be filed when there is achange in the information supplied underparagraph (b) of this subsection.

(d) The State Department of Energy mayissue contractor system certificates to eachcontractor who on October 3, 1989, has avalid dealer system certification, which shallauthorize the sale and installation of thesame domestic water heating alternative en-ergy devices authorized by the dealer certi-fication.

(e) If the State Department of Energyfinds that an alternative energy device canmeet the standards adopted under ORS469.165, the Director of the State Departmentof Energy may issue an alternative energydevice system certificate to the taxpayerconstructing or installing or having an al-ternative energy device constructed or in-stalled.

(f) An application for an alternative en-ergy device system certificate shall be madein writing on a form provided by the StateDepartment of Energy and shall contain:

(A) A specific description of the alterna-tive energy device, including, but not limitedto, the material, equipment and mechanismused in the device, operating procedure, siz-ing, siting method and construction or in-stallation procedure;

(B) The constructed or installed cost ofthe device; and

(C) A statement that the taxpayer has allpermits required for construction or installa-tion of the device.

(6) To claim the tax credit, the verifica-tion form described in subsection (4) of thissection shall be submitted with the taxpay-er′s tax return for the year the alternativeenergy device is placed in service or the im-mediately succeeding tax year. A copy of thecontractor′s certification certificate, alterna-tive energy device system certificate or al-ternative fuel vehicle or related equipmentcertificate also shall be submitted.

(7) The verification form and contractor′scertificate, alternative energy device systemcertificate or alternative fuel vehicle or re-lated equipment certificate described underthis section shall be effective for purposes oftax relief allowed under ORS 316.116 or317.115.

(8) The verification form and contractor′scertificate described under this section maybe transferred to the first purchaser of adwelling or, in the case of construction orinstallation of a fueling station in an existing



dwelling, the current owner, who intends touse or is using the dwelling as a principal orsecondary residence.

(9) Any person that pays the presentvalue of the tax credit for an alternative en-ergy device provided under ORS 316.116 or317.115 and 469.160 to 469.180 to the personwho constructs or installs the alternativeenergy device shall be entitled to claim thecredit in the manner and subject to rulesadopted by the Department of Revenue tocarry out the purposes of this subsection.The State Department of Energy may estab-lish by rule uniform discount rates to beused in calculating the present value of a taxcredit under this subsection. [1977 c.196 §4; 1979c.670 §4; 1981 c.894 §5; 1983 c.346 §2; 1987 c.492 §3; 1989c.880 §3; 1995 c.746 §20; 1997 c.534 §6; 1999 c.21 §78; 2001c.584 §6; 2003 c.186 §21; 2005 c.832 §8; 2007 c.843 §31]

Note: See note under 469.160.Note: Section 8a, chapter 832, Oregon Laws 2005,

provides:Sec. 8a. The State Department of Energy may not

issue a contractor′s certification certificate, alternativeenergy device system certificate or alternative fuel ve-hicle or related equipment certificate under ORS 469.170on or after January 1, 2016. [2005 c.832 §8a]

469.171 Transfer of tax credit for al-ternative fuel vehicle; rules. (1) The ownerof an alternative fuel vehicle as defined inORS 469.160 may transfer a tax credit other-wise allowed under ORS 316.116 for cost ofthe vehicle in exchange for a cash paymentequal to the present value of the tax credit.

(2) The State Department of Energy mayestablish by rule uniform discount rates tobe used in calculating the present value of atax credit under this section. [1999 c.765 §2]

469.172 Ineligible devices; rules. Thefollowing devices are not eligible for the taxcredit under ORS 316.116:

(1) Standard efficiency furnaces;(2) Standard back-up heating systems;(3) Woodstoves or wood furnaces, or any

part of a heating system that burns wood,unless the woodstove, furnace or systemconstitutes a premium efficiency biomasscombustion device described in ORS 469.160(4)(i);

(4) Heat pump water heaters that arepart of a geothermal heat pump space heat-ing system;

(5) Structures that cover or enclose aswimming pool;

(6) Swimming pools, hot tubs or spas usedto store heat;

(7) Above ground, uninsulated swimmingpools, hot tubs or spas;

(8) Photovoltaic systems installed on rec-reational vehicles;

(9) Conversion of an existing alternativeenergy device to another type of alternativeenergy device;

(10) Repair or replacement of an existingalternative energy device;

(11) A category two alternative energydevice, if the equipment or other propertythat comprises the category two alternativeenergy device is the basis for an allowedcredit for a category one alternative energydevice under ORS 316.116;

(12) A category one alternative energydevice, if the equipment or other propertythat comprises the category one alternativeenergy device is also the basis for an allowedcredit for a category two alternative energydevice under ORS 316.116; or

(13) Any other device identified by theState Department of Energy. The departmentmay adopt rules defining standards for eligi-ble and ineligible devices under this section.[1989 c.880 §7; 1995 c.746 §20a; 1999 c.510 §2; 2001 c.584§7; 2005 c.832 §9; 2007 c.843 §32]

Note: See note under 469.160.469.175 [1977 c.196 §5; 1979 c.670 §5; 1981 c.894 §6;

1983 c.346 §3; 1987 c.492 §4; repealed by 1989 c.880 §4(469.176 enacted in lieu of 469.175)]

469.176 Performance assumptions andprescriptive measures for tax credits. (1)Except for alternative fuel vehicles or re-lated equipment, in order to carry out ORS469.160 to 469.180, the State Department ofEnergy shall develop performance assump-tions and prescriptive measures to determinethe eligibility and tax credit amount for al-ternative energy devices constructed or in-stalled in a dwelling.

(2) The department shall use the per-formance assumptions and prescriptive mea-sures to develop information for theDepartment of Revenue to use to allow tax-payers to determine their eligibility and taxcredit amount. The State Department of En-ergy may review this information on an an-nual basis to take into consideration newtechnology and performance assumption ac-curacy.

(3) For the purpose of determining thefirst year energy yield of an alternative en-ergy device, the department shall use thefollowing assumptions and test standards:

(a) Solar Rating and Certification Corpo-ration standard SRCC 100, 200, AmericanSociety of Heating, Refrigerating and Air-Conditioning Engineers 93-77, or the Ameri-can Refrigeration Institute standard 325-85test at 50 degrees entering water temper-ature, as appropriate. The testing require-ments under this paragraph shall not applyto an owner-built alternative energy device.

(b) For an alternative energy device usedas a source for domestic water heating en-



ergy, a hot water use of 75 gallons per dayat 120 degrees Fahrenheit. The load of 75gallons per day at 120 degrees Fahrenheitshall be achieved by including conservationmeasures in the construction or installationof the alternative energy device.

(c) For an alternative energy device usedas a source for space heating or cooling, theheating or cooling energy load as determinedby a heat loss or gain calculation performedin accordance with the methods establishedby the American Society of Heating, Refrig-erating and Air-Conditioning Engineers. Ex-cept for an owner-built or site-built system,an alternative energy device used as a sourcefor domestic hot water heating must meetthe SRCC OG 300 systems test or complywith comparable requirements as determinedby the department.

(d) For an alternative energy device usedas a source for electrical energy, the firstyear energy yield shall be based upon theelectrical energy load of the dwelling as de-termined according to the procedure estab-lished by the department.

(e) For an alternative energy device usedas a source for swimming pool, spa or hottub heating, the first year energy yield shallbe based on the heating load of the swim-ming pool, spa or hot tub as determined ac-cording to the procedure established by thedepartment. [1989 c.880 §5 (enacted in lieu of469.175); 1997 c.534 §7; 2005 c.832 §10; 2007 c.843 §33]


469.180 Forfeiture of tax credits; re-vocation of contractor certificate; in-spection; effect of failure to allowinspection. (1) Upon the Department of Re-venue′s own motion, or upon request of theState Department of Energy, the Departmentof Revenue may initiate proceedings for theforfeiture of a tax credit allowed under ORS316.116 or 317.115 if:

(a) The verification was fraudulent be-cause of a misrepresentation by the taxpayeror investor owned utility;

(b) The verification was fraudulent be-cause of a misrepresentation by the contrac-tor;

(c) In the case of an alternative energydevice other than an alternative fuel vehicleor related equipment, the alternative energydevice has not been constructed, installed oroperated in substantial compliance with therequirements of ORS 469.160 to 469.180; or

(d) The taxpayer or investor owned util-ity failed to consent to an inspection of theconstructed or installed alternative energydevice by the State Department of Energyafter a reasonable, written request for suchan inspection by the State Department ofEnergy. This paragraph does not apply to an

alternative fuel vehicle or to related equip-ment.

(2) Pursuant to the procedures for a con-tested case under ORS chapter 183, the Di-rector of the State Department of Energymay order the revocation of a contractorcertificate issued under ORS 469.170 if thedirector finds that:

(a) The contractor certificate was ob-tained by fraud or misrepresentation by thecontractor certificate holder;

(b) The contractor′s performance for thealternative energy device for which the con-tractor is issued a certificate under ORS469.170 does not meet industry standards; or

(c) The contractor has misrepresented tothe customer either the tax credit programor the nature or quality of the alternativeenergy device.

(3) If the tax credit allowed under ORS316.116 or 317.115 for the purchase, con-struction or installation of an alternativeenergy device is ordered forfeited due to anaction of the taxpayer or investor ownedutility under subsection (1)(a), (c) or (d) ofthis section, all prior tax relief provided tothe taxpayer or investor owned utility shallbe forfeited and the Department of Revenueshall proceed to collect those taxes not paidby the taxpayer or utility as a result of thetax credit relief under ORS 316.116 or317.115.

(4) If the tax credit for the constructionor installation of an alternative energy de-vice is ordered forfeited due to an action ofthe contractor under subsection (1)(b) of thissection, the Department of Revenue shallproceed to collect, from the contractor, anamount equivalent to those taxes not paid bythe taxpayer or investor owned utility as aresult of the tax credit relief under ORS316.116 or 317.115. As long as the forfeitureis due to an action of the contractor and notto an action of the taxpayer or utility, theassessment of such taxes shall be levied onthe contractor and not on the taxpayer orutility. Notwithstanding ORS 314.835, theDepartment of Revenue may disclose infor-mation from income tax returns or reports tothe extent such disclosure is necessary tocollect amounts from contractors under thissubsection.

(5) In order to obtain information neces-sary to verify eligibility and amount of thetax credit, the State Department of Energyor its representative may inspect an alterna-tive energy device that has been purchased,constructed or installed. The inspection shallbe made only with the consent of the ownerof the dwelling. Failure to consent to the in-spection is grounds for the forfeiture of anytax credit relief under ORS 316.116 or



317.115. The Department of Revenue shallproceed to collect any taxes due according tosubsection (4) of this section. For electricalgenerating alternative energy devices, theState Department of Energy may obtain en-ergy consumption records for the dwellingthe device serves, for a 12-month period, inorder to verify eligibility and amount of thetax credit. [1977 c.196 §6; 1979 c.670 §6; 1981 c.894§7; 1983 c.346 §4; 1987 c.492 §5; 1989 c.880 §8; 1993 c.684§1; 1997 c.534 §10; 2003 c.186 §22; 2005 c.832 §11; 2007c.843 §34]


RENEWABLE ENERGY RESOURCES469.185 Definitions for ORS 469.185 to

469.225 and 469.878; rules. As used in ORS469.185 to 469.225 and 469.878:

(1) “Alternative fuel vehicle” means avehicle as defined by the Director of theState Department of Energy by rule that isused primarily in connection with the con-duct of a trade or business and that is man-ufactured or modified to use an alternativefuel, including but not limited to electricity,ethanol, methanol, gasohol and propane ornatural gas, regardless of energy consump-tion savings.

(2) “Car sharing facility” means the ex-penses of operating a car sharing program,including but not limited to the fair marketvalue of parking spaces used to store thefleet of cars available for a car sharing pro-gram, but does not include the costs of thefleet of cars.

(3) “Car sharing program” means a pro-gram in which drivers pay to become mem-bers in order to have joint access to a fleetof cars from a common parking area on anhourly basis. “Car sharing program” does notinclude operations conducted by car rentalagencies.

(4) “Cost” means the capital costs andexpenses necessarily incurred in the acquisi-tion, erection, construction and installationof a facility, including site development costsand expenses for a sustainable building prac-tices facility.

(5) “Energy facility” means any capitalinvestment for which the first year energysavings yields a simple payback period ofgreater than one year. An energy facility in-cludes:

(a) Any land, structure, building, instal-lation, excavation, machinery, equipment ordevice, or any addition to, reconstruction ofor improvement of, land or an existingstructure, building, installation, excavation,machinery, equipment or device necessarilyacquired, erected, constructed or installed byany person in connection with the conductof a trade or business and actually used in

the processing or utilization of renewableenergy resources to:

(A) Replace a substantial part or all ofan existing use of electricity, petroleum ornatural gas;

(B) Provide the initial use of energywhere electricity, petroleum or natural gaswould have been used;

(C) Generate electricity to replace an ex-isting source of electricity or to provide anew source of electricity for sale by or usein the trade or business;

(D) Perform a process that obtains en-ergy resources from material that wouldotherwise be solid waste as defined in ORS459.005; or

(E) Manufacture or distribute alternativefuels, including but not limited to electricity,ethanol, methanol, gasohol or biodiesel.

(b) Any acquisition of, addition to, re-construction of or improvement of land or anexisting structure, building, installation, ex-cavation, machinery, equipment or devicenecessarily acquired, erected, constructed orinstalled by any person in connection withthe conduct of a trade or business in orderto substantially reduce the consumption ofpurchased energy.

(c) A necessary feature of a new com-mercial building or multiple unit dwelling,as dwelling is defined by ORS 469.160, thatcauses that building or dwelling to exceed anenergy performance standard in the statebuilding code.

(d) The replacement of an electric motorwith another electric motor that substan-tially reduces the consumption of electricity.

(6) “Facility” means an energy facility,recycling facility, transportation facility, carsharing facility, sustainable building prac-tices facility, alternative fuel vehicle or fa-cilities necessary to operate alternative fuelvehicles, including but not limited to an al-ternative fuel vehicle refueling station, ahigh-efficiency combined heat and power fa-cility, a high-performance home, ahomebuilder-installed renewable energy sys-tem, or a renewable energy resource equip-ment manufacturing facility.

(7) “High-efficiency combined heat andpower facility” means a device or equipmentthat simultaneously produces heat and elec-tricity from a single source of fuel and thatmeets the criteria established for a high-efficiency combined heat and power facilityunder ORS 469.197.

(8) “High-performance home” means anew single-family dwelling that:

(a) Is designed and constructed to reducenet purchased energy through use of both



energy efficiency and on-site renewable en-ergy resources; and

(b) Meets the criteria established for ahigh-performance home under ORS 469.197.

(9) “Homebuilder-installed renewable en-ergy system” means a renewable energy re-source system that:

(a) Meets the criteria established for arenewable energy resource system underORS 469.197; and

(b) Is installed in a new single-familydwelling by, or at the direction of, thehomebuilder constructing the dwelling.

(10) “Qualified transit pass contract”means a purchase agreement entered intobetween a transportation provider and a per-son, the terms of which obligate the personto purchase transit passes on behalf or forthe benefit of employees, students, patientsor other individuals over a specified periodof time.

(11) “Recycling facility” means equip-ment used by a trade or business solely forrecycling:

(a) Including:(A) Equipment used solely for hauling

and refining used oil;(B) New vehicles or modifications to ex-

isting vehicles used solely to transport usedrecyclable materials that cannot be used fur-ther in their present form or location suchas glass, metal, paper, aluminum, rubber andplastic;

(C) Trailers, racks or bins that are usedfor hauling used recyclable materials and areadded to or attached to existing waste col-lection vehicles; and

(D) Any equipment used solely for pro-cessing recyclable materials such as bailers,flatteners, crushers, separators and scales.

(b) But not including equipment used fortransporting or processing scrap materialsthat are recycled as a part of the normal op-eration of a trade or business as defined bythe director.

(12)(a) “Renewable energy resource” in-cludes, but is not limited to:

(A) Straw, forest slash, wood waste orother wastes from farm or forest land, non-petroleum plant or animal based biomass,ocean wave energy, solar energy, windpower, water power or geothermal energy; or

(B) A hydroelectric generating facilitythat obtains all applicable permits and com-plies with all state and federal statutory re-quirements for the protection of fish andwildlife and:

(i) That does not exceed 10 megawatts ofinstalled capacity; or

(ii) Qualifies as a research, developmentor demonstration facility.

(b) “Renewable energy resource” does notinclude a hydroelectric generating facilitythat is not described in paragraph (a) of thissubsection.

(13) “Renewable energy resource equip-ment manufacturing facility” means anystructure, building, installation, excavation,machinery, equipment or device, or an addi-tion, reconstruction or improvement to landor an existing structure, building, installa-tion, excavation, machinery, equipment ordevice, that is necessarily acquired, con-structed or installed by a person in con-nection with the conduct of a trade orbusiness, that is used primarily to manufac-ture equipment, machinery or other productsdesigned to use a renewable energy resourceand that meets the criteria established underORS 469.197.

(14) “Sustainable building practices facil-ity” means a commercial building in whichbuilding practices that reduce the amount ofenergy, water or other resources needed forconstruction and operation of the buildingare used. “Sustainable building practices fa-cility” may be further defined by the StateDepartment of Energy by rule, includingrules that establish traditional building prac-tice baselines in energy, water or other re-source usage for comparative purposes foruse in determining whether a facility is asustainable building practices facility.

(15) “Transportation facility” means atransportation project that reduces energyuse during commuting to and from work orschool, during work-related travel, or duringtravel to obtain medical or other services,and may be further defined by the depart-ment by rule. “Transportation facility” in-cludes, but is not limited to, a qualifiedtransit pass contract or a transportation ser-vices contract.

(16) “Transportation provider” means apublic, private or nonprofit entity that pro-vides transportation services to members ofthe public.

(17) “Transportation services contract”means a contract that is related to a trans-portation facility, and may be further definedby the department by rule. [1979 c.512 §3; 1981c.894 §17; 1985 c.745 §1; 1991 c.711 §1; 1997 c.534 §11; 1997c.656 §5; 1999 c.365 §1; 1999 c.623 §4; 1999 c.765 §4; 2001c.583 §4; 2007 c.591 §1; 2007 c.843 §16]


Sec. 27. Section 22 of this 2007 Act [469.197] andthe amendments to ORS 315.354, 315.356, 469.185, 469.200,469.205, 469.206 and 469.215 by sections 14 to 20 of this2007 Act apply to facilities acquired, erected, con-structed or installed on or after January 1, 2007, and totax years beginning on or after January 1, 2007. [2007c.843 §27]



469.190 Policy. In the interest of thepublic health, safety and welfare, it is thepolicy of the State of Oregon to encouragethe conservation of electricity, petroleumand natural gas by providing tax relief forOregon facilities that conserve energy re-sources or meet energy requirements throughthe use of renewable resources. [1979 c.512 §2]

469.195 Priority given to certain proj-ects; criteria. In determining the eligibilityof facilities for tax credits, preference shallbe given to those projects which:

(1) Provide energy savings for real orpersonal property within the state inhabitedas the principal residence of a tenant, in-cluding:

(a) Nonowner occupied single familydwellings; and

(b) Multiple unit residential housing; or(2) Provide long-term energy savings from

the use of renewable resources or conserva-tion of energy resources. [1979 c.512 §4; 1985 c.745§2]

469.197 Rules; criteria for high-performance homes, renewable energysystems, combined heat and power facili-ties and renewable energy resourceequipment. The State Department of Energyshall by rule establish all of the followingcriteria:

(1) For a high-performance home, theminimum design and construction standardsthat must be met or exceeded for a dwellingto be considered a high-performance home,including but not limited to standards for thebuilding envelope, HVAC systems, lighting,appliances, water conservation measures, useof sustainable building materials and on-siterenewable energy systems. The criteria mustalso establish the minimum reduction in es-timated net purchased energy that a dwellingmust achieve to be considered a high-performance home.

(2) For a homebuilder-installed renewableenergy system, the minimum performanceand efficiency standards that a solar electricsystem, solar domestic water heating system,passive solar space heating system, windpower system, geothermal heating system,fuel cell system or other system utilizingrenewable resources must achieve to be con-sidered a homebuilder-installed renewableenergy system.

(3) For a high-efficiency combined heatand power facility, the minimum performanceand efficiency standards that the facilitymust achieve to be considered a high-efficiency combined heat and power facility.

(4) For a renewable energy resourceequipment manufacturing facility, standardsrelating to the type of equipment, machinery

or other products being manufactured andrelated performance and efficiency standardsapplicable to the manufactured products.[2007 c.843 §22]


469.200 Annual limit to cost of facilityin granting tax credits. (1) The total costof a facility that receives a preliminary cer-tification from the Director of the State De-partment of Energy for tax credits in anycalendar year may not exceed:

(a) $20 million, in the case of a facilityusing or producing renewable energy re-sources, a renewable energy resource equip-ment manufacturing facility or ahigh-efficiency combined heat and power fa-cility; or

(b) $10 million, in the case of any otherfacility.

(2) The director shall determine the dol-lar amount certified for any facility and thepriority between applications for certificationbased upon the criteria contained in ORS469.185 to 469.225 and applicable rules andstandards adopted under ORS 469.185 to469.225. The director may consider the statusof a facility as a research, development ordemonstration facility of new renewable re-source generating and conservation technol-ogies or a qualified transit pass contract inthe determination. [1979 c.512 §5; 1981 c.894 §18;1985 c.745 §3; 1987 c.158 §98; 1991 c.711 §3; 1993 c.684 §2;1995 c.746 §15a; 1997 c.534 §12; 1997 c.656 §6a; 1999 c.365§2; 2003 c.186 §23; 2007 c.843 §17]


469.205 Application for preliminarycertification; eligibility; contents; fees;rules. (1) Prior to erection, construction, in-stallation or acquisition of a proposed facil-ity, any person may apply to the StateDepartment of Energy for preliminary certi-fication under ORS 469.210 if:

(a) The erection, construction, installa-tion or acquisition of the facility is to becommenced on or after October 3, 1979;

(b) The facility complies with the stan-dards or rules adopted by the Director of theState Department of Energy; and

(c) The applicant meets one of the fol-lowing criteria:

(A) The applicant is a person to whom atax credit has been transferred; or

(B) The applicant will be the owner orcontract purchaser of the facility at the timeof erection, construction, installation or ac-quisition of the proposed facility, and:

(i) The applicant is the owner, contractpurchaser or lessee of a trade or businessthat plans to utilize the facility in con-nection with Oregon property; or



(ii) The applicant is the owner, contractpurchaser or lessee of a trade or businessthat plans to lease the facility to a personwho will utilize the facility in connectionwith Oregon property.

(2) An application for preliminary certi-fication shall be made in writing on a formprepared by the department and shall con-tain:

(a) A statement that the applicant or thelessee of the applicant′s facility:

(A) Intends to convert from a purchasedenergy source to a renewable energy re-source;

(B) Plans to acquire, construct or installa facility that will use a renewable energyresource or solid waste instead of electricity,petroleum or natural gas;

(C) Plans to use a renewable energy re-source in the generation of electricity forsale or to replace an existing or proposed useof an existing source of electricity;

(D) Plans to acquire, construct or installa facility that substantially reduces the con-sumption of purchased energy;

(E) Plans to acquire, construct or installequipment for recycling as defined in ORS469.185 (11);

(F) Plans to acquire an alternative fuelvehicle or to convert an existing vehicle toan alternative fuel vehicle;

(G) Plans to acquire, construct or installa facility necessary to operate alternativefuel vehicles;

(H) Plans to acquire transit passes foruse by individuals specified by the applicant;

(I) Plans to acquire, construct or installa transportation facility;

(J) Plans to acquire a sustainable build-ing practices facility;

(K) Plans to acquire a car sharing facil-ity and operate a car sharing program;

(L) Plans to construct a high-efficiencycombined heat and power facility;

(M) Is a homebuilder and plans to con-struct a homebuilder-installed renewable en-ergy system;

(N) Is a homebuilder and plans to con-struct a high-performance home; or

(O) Plans to acquire, construct or installa renewable energy resource equipmentmanufacturing facility.

(b) A detailed description of the proposedfacility and its operation and informationshowing that the facility will operate as rep-resented in the application.

(c) Information on the amount by whichconsumption of electricity, petroleum or na-

tural gas by the applicant or the lessee of theapplicant′s facility will be reduced, and onthe amount of energy that will be producedfor sale, as the result of using the facility or,if applicable, information about the expectedlevel of sustainable building practices facilityperformance.

(d) The projected cost of the facility.(e) If applicable, a copy of the proposed

qualified transit pass contract, transportationservices contract or contract for lease ofparking spaces for a car sharing facility.

(f) Any other information the directorconsiders necessary to determine whetherthe proposed facility is in accordance withthe provisions of ORS 469.185 to 469.225, andany applicable rules or standards adopted bythe director.

(3) An application for preliminary certi-fication shall be accompanied by a fee estab-lished under ORS 469.217. The director mayrefund the fee if the application for certi-fication is rejected.

(4) The director may allow an applicantto file the preliminary application after thestart of erection, construction, installationor acquisition of the facility if the directorfinds:

(a) Filing the application before the startof erection, construction, installation or ac-quisition is inappropriate because specialcircumstances render filing earlier unreason-able; and

(b) The facility would otherwise qualifyfor tax credit certification pursuant to ORS469.185 to 469.225.

(5) A preliminary certification of asustainable building practices facility shallbe applied for and issued as prescribed by thedepartment by rule. [1979 c.512 §6; 1981 c.894 §19;1985 c.745 §4; 1989 c.765 §7; 1991 c.711 §2; 1993 c.684 §3;1995 c.746 §16; 1997 c.656 §7; 1999 c.623 §5; 1999 c.765 §5;2001 c.583 §5; 2001 c.660 §2; 2003 c.186 §24; 2007 c.843 §18]


469.206 Transferability of facility taxcredit; rules; effect on taxes reported bypublic utility. (1) The owner of a facilitymay transfer a tax credit for the facility inexchange for a cash payment equal to thepresent value of the tax credit.

(2) The State Department of Energy mayestablish by rule uniform discount rates tobe used in calculating the present value of atax credit under this section.

(3) Notwithstanding any other provisionof law, a tax credit transferred pursuant tothis section does not decrease the amount oftaxes required to be reported by a publicutility. [1997 c.534 §9; 2001 c.583 §6; 2007 c.843 §19]




469.207 Tax credit for rental housingunits; eligibility. (1) Except as provided insubsection (3) of this section, an applicantunder ORS 469.205 (1)(c) shall be eligible fora tax credit for energy conservation mea-sures installed in rental housing units pur-suant to ORS 469.636. The tax credit shallapply to only the first $5,000 of actually in-stalled energy conservation measure costsper dwelling unit.

(2) An owner, contract purchaser orlessee of a rental housing unit for which en-ergy conservation measures have been fi-nanced by an applicant under subsection (1)of this section is ineligible for an energyconservation measure tax credit for suchmeasures.

(3) No applicant under ORS 469.205 (1)(c)shall be eligible for a tax credit for energyconservation measures installed in rentalhousing units pursuant to ORS 469.636 if therental housing units are constructed on orafter January 1, 1996. [1985 c.745 §9; 1993 c.684§4; 1995 c.746 §16a; 2001 c.583 §7]

469.208 Transferability of rental hous-ing unit tax credit; rules. (1) The owner ofa rental housing unit may transfer a taxcredit for energy conservation measures in-stalled in rental housing units under ORS469.207 in exchange for a cash payment equalto the present value of the tax credit. To beeligible for a transfer, the energy conserva-tion measures must have been recommendedin an energy audit as provided in ORS469.633, 469.651 or 469.675.

(2) The State Department of Energy mayestablish by rule uniform discount rates tobe used in calculating the present value of atax credit under this section. [1993 c.684 §6]

469.210 Submission of plans, specifica-tions and contract terms; preliminarycertification. (1) The Director of the StateDepartment of Energy may require the sub-mission of plans, specifications and contractterms, and after examination thereof, mayrequest corrections and revisions of theplans, specifications and terms.

(2) If the director determines that theproposed acquisition, erection, constructionor installation is technically feasible andshould operate in accordance with the re-presentations made by the applicant, and isin accordance with the provisions of ORS469.185 to 469.225 and any applicable rulesor standards adopted by the director, the di-rector shall issue a preliminary certificateapproving the acquisition, erection, con-struction or installation of the facility. If thedirector determines that the acquisition,erection, construction or installation doesnot comply with the provisions of ORS469.185 to 469.225 and applicable rules andstandards, the director shall issue an order

denying certification. [1979 c.512 §7; 1995 c.746 §17;1997 c.656 §8; 1999 c.365 §3; 2001 c.583 §7a; 2003 c.186 §25]

469.215 Final certification; eligibility;application; content. (1) A final certifica-tion may not be issued by the Director of theState Department of Energy under this sec-tion unless the facility was acquired, erected,constructed or installed under a preliminarycertificate of approval issued under ORS469.210 and in accordance with the applica-ble provisions of ORS 469.185 to 469.225 andany applicable rules or standards adopted bythe director.

(2) Any person may apply to the StateDepartment of Energy for final certificationof a facility:

(a) If the department issued preliminarycertification for the facility under ORS469.210; and

(b)(A) After completion of erection, con-struction, installation or acquisition of theproposed facility or, if the facility is a quali-fied transit pass contract, after entering intothe contract with a transportation provider;or

(B) After transfer of the facility, as pro-vided in ORS 315.354 (5).

(3) An application for final certificationshall be made in writing on a form preparedby the department and shall contain:

(a) A statement that the conditions of thepreliminary certification have been compliedwith;

(b) The actual cost of the facility certi-fied to by a certified public accountant whois not an employee of the applicant or, if theactual cost of the facility is less than $50,000,copies of receipts for purchase and installa-tion of the facility;

(c) A statement that the facility is in op-eration or, if not in operation, that the ap-plicant has made every reasonable effort tomake the facility operable; and

(d) Any other information determined bythe director to be necessary prior to issuanceof a final certificate, including inspection ofthe facility by the department.

(4) The director shall act on an applica-tion for certification before the 60th day af-ter the filing of the application under thissection. The director, after consultation withthe Public Utility Commission, may issue thecertificate together with such conditions asthe director determines are appropriate topromote the purposes of this section andORS 315.354, 469.185, 469.200, 469.205 and469.878. The action of the director shall in-clude certification of the actual cost of thefacility. However, in no event shall the di-rector certify an amount for tax credit pur-poses which is more than 10 percent in



excess of the amount approved in the pre-liminary certificate issued for the facility.

(5) If the director rejects an applicationfor final certification, or certifies a lesseractual cost of the facility than was claimedin the application, the director shall send tothe applicant written notice of the action,together with a statement of the findings andreasons therefor, by certified mail, before the60th day after the filing of the application.Failure of the director to act constitutes re-jection of the application.

(6) Upon approval of an application forfinal certification of a facility, the directorshall certify the facility. Each certificateshall bear a separate serial number for eachdevice. Where one or more devices consti-tute an operational unit, the director maycertify the operational unit under one certif-icate. [1979 c.512 §8; 1981 c.894 §20; 1985 c.745 §5; 1989c.765 §8; 1991 c.711 §4; 1995 c.746 §18; 1997 c.656 §9; 1999c.365 §4; 1999 c.623 §6; 2001 c.583 §8; 2001 c.660 §1b; 2003c.186 §26; 2007 c.843 §20]

Note: See note under 469.185.Note: Section 26, chapter 843, Oregon Laws 2007,

provides:Sec. 26. The Director of the State Department of

Energy may not issue a final certification of a facilityunder ORS 469.215 on or after January 1, 2016. [2007c.843 §26]

469.217 Rules; fees for certification. Byrule and after hearing, the Director of theState Department of Energy may adopt aschedule of reasonable fees which the StateDepartment of Energy may require of appli-cants for preliminary or final certificationunder ORS 469.185 to 469.225. Before theadoption or revision of the fees, the depart-ment shall estimate the total cost of theprogram to the department. The fees shall beused to recover the anticipated cost of filing,investigating, granting and rejecting applica-tions for certification and shall be designednot to exceed the total cost estimated by thedepartment. Any excess fees shall be held bythe department and shall be used by the de-partment to reduce any future fee increases.The fee may vary according to the size andcomplexity of the facility. The fee shall notbe considered as part of the cost of the fa-cility to be certified. [1985 c.745 §8]

469.220 Certificate required for taxcredits; certification not to exceed fiveyears. A certificate issued under ORS469.215 is required for purposes of obtainingtax credits in accordance with ORS 315.354.Such certification shall be granted for a pe-riod not to exceed five years. The five-yearperiod shall begin with the tax year of theapplicant during which a certified facility isplaced into operation, or the year the facilityis certified under ORS 469.215, at theelection of the applicant. [1979 c.512 §9]

469.225 Revocation of certificate;forfeiture of tax credits; collection. (1)Under the procedures for a contested caseunder ORS chapter 183, the Director of theState Department of Energy may order therevocation of the certificate issued underORS 469.215 if the director finds that:

(a) The certification was obtained byfraud or misrepresentation; or

(b) The holder of the certificate has failedsubstantially to construct or to make everyreasonable effort to operate the facility incompliance with the plans, specifications andprocedures in such certificate.

(2) As soon as the order of revocationunder this section becomes final, the directorshall notify the Department of Revenue ofsuch order.

(3) If the certificate is ordered revokedpursuant to subsection (1)(a) of this section,all prior tax credits provided to the holderof the certificate by virtue of such certificateshall be forfeited and upon notification undersubsection (2) of this section the Departmentof Revenue immediately shall proceed to col-lect those taxes not paid by the certificateholder as a result of the tax credits providedto the holder under ORS 315.354. The De-partment of Revenue shall have the benefitof all laws of this state pertaining to thecollection of income and excise taxes. No as-sessment of such taxes shall be necessaryand no statute of limitation shall precludethe collection of such taxes.

(4) If the certificate is ordered revokedpursuant to subsection (1)(b) of this section,the certificate holder shall be denied anyfurther relief under ORS 315.354 in con-nection with such facility from and after thedate that the order of revocation becomesfinal. [1979 c.512 §10; 2003 c.186 §27]

469.228 [1989 c.926 §1; 1991 c.67 §134; 1991 c.641 §5;1993 c.617 §1; repealed by 1999 c.880 §2]

ENERGY EFFICIENCY STANDARDS

(Temporary provisions relating tooutdoor lighting)

Note: Sections 1 to 4, chapter 551, Oregon Laws2007, provide:

Sec. 1. The Legislative Assembly finds that in or-der to promote the use of energy-efficient outdoorlighting fixtures and to mitigate the light pollutioncaused by certain types of outdoor lighting fixtures, lo-cal building officials should assess local ordinances re-lating to outdoor lighting, and the State Department ofEnergy should assess state statutes and state buildingcode provisions relating to outdoor lighting, for con-sistency and relevance in accomplishing the strong reg-ulation of outdoor lighting fixtures in this state. [2007c.551 §1]

Sec. 2. Upon a model lighting ordinance beingmade available to the public by the InternationalDark-Sky Association and the Illuminating EngineeringSociety of North America, or their successors, the State



Department of Energy shall review the model ordinanceprovisions that are relevant to outdoor lighting fixtures.The department shall publish a report containing find-ings and recommendations of the department basedupon the review. The findings and recommendationsmay include, but need not be limited to:

(1) The relevance of the model ordinance for regu-lating outdoor lighting fixtures under the state buildingcode;

(2) The suitability of the technical regulations onoutdoor lighting fixtures specified in the ordinance;

(3) The expected effectiveness that adoption of themodel ordinance would have in reducing light pollutionfrom outdoor lighting fixtures and promoting the energyefficiency of outdoor lighting fixtures; and

(4) The desirability of promoting both state andlocal adoption of the model ordinance provisions re-garding outdoor lighting. [2007 c.551 §2]

Sec. 3. The State Department of Energy shall re-port its findings and recommendations to the Governorand to the Seventy-fourth Legislative Assembly in themanner provided by ORS 192.245 no later than October1, 2008. The department shall make the report availableto the public without charge. [2007 c.551 §3]

Sec. 4. Sections 1, 2 and 3 of this 2007 Act are re-pealed January 2, 2012. [2007 c.551 §4]

469.229 Definitions for ORS 469.229 to469.261. As used in ORS 469.229 to 469.261,unless the context clearly requires otherwise:

(1) “Automatic commercial ice cube ma-chine” means a factory-made assembly, notnecessarily shipped in one package, consist-ing of a condensing unit and ice-making sec-tion operating as an integrated unit withmeans for making and harvesting ice cubes,and any integrated components for storingor dispensing ice.

(2) “Ballast” means a device used withan electric discharge lamp to obtain neces-sary circuit conditions for starting and oper-ating the lamp.

(3) “Bottle-type water dispenser” meansa water dispenser that uses a bottle or res-ervoir as the source of potable water.

(4) “Commercial clothes washer” meansa soft mount horizontal-axis or vertical-axisclothes washer that:

(a) Has a clothes compartment no greaterthan 3.5 cubic feet in the case of ahorizontal-axis product or no greater than 4cubic feet in the case of a vertical-axis prod-uct; and

(b) Is designed for use by more than onehousehold.

(5)(a) “Commercial hot food holding cabi-net” means an appliance that is a heated,fully-enclosed compartment with one or moresolid doors and is designed to maintain thetemperature of hot food that has been cookedin a separate appliance.

(b) “Commercial hot food holdingcabinet” does not include heated glass mer-chandising cabinets, drawer warmers orcook-and-hold appliances.

(6) “Commercial prerinse spray valve”means a handheld device designed and mar-keted for use with commercial dishwashingequipment and that sprays water on dishes,flatware and other food service items for thepurpose of removing food residue prior totheir cleaning.

(7) “Commercial refrigerators orfreezers” means refrigerators, freezers orrefrigerator-freezers, smaller than 85 cubicfeet of internal volume and designed for useby commercial or institutional facilities forthe purpose of storing or merchandising foodproducts, beverages or ice at specified tem-peratures, other than products without doors,walk-in refrigerators or freezers, consumerproducts that are federally regulated pursu-ant to 42 U.S.C. 6291 et seq. or freezers spe-cifically designed for ice cream. “Commercialrefrigerators or freezers”:

(a) Must incorporate most componentsinvolved in the vapor-compression cycle andthe refrigerated compartment in a singlecabinet; and

(b) May be configured with either solidor transparent doors as a reach-in cabinet,pass-through cabinet, roll-in cabinet or roll-through cabinet.

(8)(a) “Compact audio product,” alsoknown as a mini, mid, micro or shelf audiosystem, means an integrated audio systemencased in a single housing that includes anamplifier and radio tuner and attached orseparable speakers that can reproduce audiofrom 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 in-

clude products that can be independentlypowered by internal batteries, have a pow-ered external satellite antenna or can pro-vide a video output signal.

(9) “Compensation” means money or anyother valuable thing, regardless of form, re-ceived or to be received by a person for ser-vices rendered.

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



(11)(a) “Digital versatile disc player” or“digital versatile disc recorder” means acommercially available electronic productencased in a single housing that includes anintegral power supply and for which the solepurpose is, respectively, the decoding and theproduction or recording of digitized videosignal on a DVD.

(b) “Digital versatile disc recorder” doesnot include models that have an electronicprogramming guide function that provides aninteractive, on-screen menu of televisionlistings and downloads program informationfrom the vertical blanking interval of a reg-ular television signal.

(12) “High-intensity discharge lamp”means a lamp in which light is produced bythe passage of an electric current through avapor or gas, and in which the light-producing arc is stabilized by bulb wall tem-perature and the arc tube has a bulb wallloading in excess of three watts per squarecentimeter.

(13) “Illuminated exit sign” means an in-ternally illuminated sign that is designed tobe permanently fixed in place to identify abuilding exit, that consists of an electricallypowered integral light source that illumi-nates the legend “EXIT” and any directionalindicators and that provides contrast be-tween the legend, any directional indicatorsand the background.

(14) “Metal halide lamp” means a high-intensity discharge lamp in which the majorportion of the light is produced by radiationof metal halides and their products ofdissociation, possibly in combination withmetallic vapors.

(15) “Metal halide lamp fixture” means alight fixture designed to be operated with ametal halide lamp and a ballast for a metalhalide lamp.

(16) “Pass-through cabinet” means acommercial refrigerator or freezer withhinged or sliding doors on both the front andrear of the unit.

(17) “Portable electric spa” means afactory-built electric spa or hot tub suppliedwith equipment for heating and circulatingwater.

(18) “Probe-start metal halide lampballast” means a ballast used to operatemetal halide lamps that does not contain anigniter and that instead starts metal halidelamps by using a third starting electrodeprobe in the arc tube.

(19) “Reach-in cabinet” means a commer-cial refrigerator or freezer with hinged orsliding doors or lids, other than roll-in orroll-through cabinets or pass-through cabi-nets.

(20) “Roll-in cabinet” means a commer-cial refrigerator or freezer with hinged orsliding doors that allow wheeled racks to berolled into the unit.

(21) “Roll-through cabinet” means a com-mercial refrigerator or freezer with hingedor sliding doors on two sides of the cabinetthat allow wheeled racks to be rolledthrough the unit.

(22)(a) “Single-voltage external AC to DCpower supply” means a device, other than aproduct with batteries or battery packs thatphysically attach directly to the power sup-ply unit, a product with a battery chemistryor type selector switch and indicator light ora product with a battery chemistry or typeselector switch and a state of charge meter,that:

(A) Is designed to convert line voltagealternating current input into lower voltagedirect current output;

(B) Is able to convert to only one directcurrent output voltage at a time;

(C) Is sold with, or intended to be usedwith, a separate end-use product that consti-tutes the primary power load;

(D) Is contained within a separate phys-ical enclosure from the end-use product;

(E) Is connected to the end-use productvia a removable or hard-wired male or femaleelectrical connection, cable, cord or otherwiring; and

(F) Has a nameplate output power lessthan or equal to 250 watts.

(b) “Single-voltage external AC to DCpower supply” does not include power sup-plies that are classified as devices for humanuse under the Federal Food, Drug and Cos-metic Act, 21 U.S.C. 360c.

(23) “State-regulated incandescent reflec-tor lamp” means a lamp that is not coloredor designed for rough or vibrating serviceapplications, that has an inner reflectivecoating on the outer bulb to direct the light,that has an E26 medium screw base, that hasa rated voltage or voltage range that lies atleast partially within 115 to 130 volts andthat falls into one of the following catego-ries:



(a) A bulged reflector or elliptical reflec-tor bulb shape that has a diameter thatequals or exceeds 2.25 inches; or

(b) A reflector, parabolic aluminized re-flector or similar bulb shape that has a di-ameter of 2.25 to 2.75 inches.

(24) “Torchiere” means a portable elec-tric lighting fixture with a reflective bowlthat directs light upward so as to produceindirect illumination.

(25) “Traffic signal module” means astandard traffic signal indicator, consistingof a light source, a lens and all other partsnecessary for operation, that is:

(a) Eight inches, or approximately 200millimeters, in diameter; or

(b) Twelve inches, or approximately 300millimeters, in diameter.

(26) “Unit heater” means a self-contained, vented fan-type commercial spaceheater, other than a consumer product cov-

ered by federal standards established pursu-ant to 42 U.S.C. 6291 et seq. or that is adirect vent, forced flue heater with a sealedcombustion burner, that uses natural gas orpropane and that is designed to be installedwithout ducts within a heated space.

(27) “Walk-in refrigerator” and “walk-infreezer” mean a space refrigerated to tem-peratures, respectively, at or above and be-low 32° F that can be walked into.

(28) “Water dispenser” means a factory-made assembly that mechanically cools andheats potable water and dispenses the cooledor heated water by integral or remote means.[2005 c.437 §1; 2007 c.375 §1; 2007 c.649 §1]

Note: 469.229 to 469.261 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 469 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

469.230 [1989 c.926 §3; repealed by 1999 c.880 §2]469.232 [1989 c.926 §§4,10; 1993 c.617 §2; 1997 c.249

§165; 1997 c.632 §9; repealed by 1999 c.880 §2]_______________________________________________________________________________________

469.233 Energy efficiency standards. The following minimum energy efficiency stan-dards for new products are established:

(1)(a) Automatic commercial ice cube machines must have daily energy use and dailywater use no greater than the applicable values in the following table:_______________________________________________________________________________________

Equipment type Type of Harvest rate Maximum Maximumcooling (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 condensingbut not remotecompressor air <1000 8.85 -.0038 Not applicable

≥ 1000 5.10 Not applicableRemote condensingand remotecompressor air <934 8.85 -.0038H Not applicable

≥ 934 5.30 Not applicableSelf-containedmodels water <200 11.40 -.0190H 191 -.0315H

≥ 200 7.60 191 -.0315HSelf-containedmodels 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 per-cent 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 betested in accordance with the ARI 810-2003 test method as published by the Air-Conditioningand 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 ARI810-2003.

(2) Commercial clothes washers must have a minimum modified energy factor of 1.26 anda maximum water consumption factor of 9.5. For purposes of this subsection, capacity, mod-ified energy factor and water consumption factor are defined and shall be measured in ac-cordance 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 1.6gallons per minute when measured in accordance with the ASTM International′s “StandardTest Method for Prerinse Spray Valves,” ASTM F2324-03.

(4)(a) Commercial refrigerators or freezers must meet the applicable requirements listedin the following table:_______________________________________________________________________________________

Equipment Type Doors Maximum DailyEnergy Consumption (kWh)

Reach-in cabinets, pass-throughcabinets and roll-in or roll-through Solid 0.10V + 2.04cabinets that are refrigerators Transparent 0.12V + 3.34Reach-in cabinets, pass-throughcabinets and roll-in or roll-throughcabinets that are “pulldown”refrigerators Transparent .126V + 3.51Reach-in cabinets, pass-throughcabinets and roll-in or roll-through Solid 0.40V + 1.38cabinets that are freezers Transparent 0.75V + 4.10Reach-in cabinets that arerefrigerator-freezers with anAV 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 (ft

3)

_______________________________________________________________________________________

(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 38degrees Fahrenheit within 12 hours or less.

(B) Daily energy consumption shall be measured in accordance with the American Na-tional Standards Institute/American Society of Heating, Refrigerating and Air-ConditioningEngineers test method 117-2002, except that:

(i) The back-loading doors of pass-through and roll-through refrigerators and freezersmust remain closed throughout the test; and

(ii) The controls of all commercial refrigerators or freezers shall be adjusted to obtain thefollowing product temperatures, in accordance with the California Code of Regulations, Title20, Division 2, Chapter 4, Article 4, section 1604, table A-2, effective November 27, 2002:_______________________________________________________________________________________

Product or compartment type Integrated average product temperaturein degrees Fahrenheit

Refrigerator 38 ± 2Freezer 0 ± 2_______________________________________________________________________________________

(5) Illuminated exit signs must have an input power demand of five watts or less per il-luminated face. For purposes of this subsection, input power demand shall be measured inaccordance with the conditions for testing established by the United States EnvironmentalProtection Agency′s Energy Star exit sign program version 3.0. Illuminated exit signs mustalso meet all applicable building and safety codes.



(6) Metal halide lamp fixtures designed to be operated with lamps rated greater than orequal to 150 watts but less than or equal to 500 watts may not contain a probe-start metalhalide 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 Wattand ≤ 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 inWatts_______________________________________________________________________________________

(b) For the purposes of this subsection, efficiency of single-voltage external AC to DCpower supplies shall be measured in accordance with the United States Environmental Pro-tection Agency′s “Test Method for Calculating the Energy Efficiency of Single-Voltage Ex-ternal AC to DC and AC to AC Power Supplies,” dated August 11, 2004. The efficiency inthe 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 10.551 - 66 11.067 - 85 12.586 - 115 14.0116 - 155 14.5156 - 205 15.0_______________________________________________________________________________________

(b) Lamp efficiency shall be measured in accordance with the applicable test methodfound in 10 C.F.R. 430.23.

(9) Torchieres may not use more than 190 watts. A torchiere uses more than 190 wattsif any commercially available lamp or combination of lamps can be inserted in a socket andcause 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 notexceed 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) 17 118” red ball (or 200 mm circular) 13 812” red arrow (or 300 mm arrow) 12 9

12” green ball (or 300 mm circular) 15 158” green ball (or 200 mm circular) 12 1212” 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 forTransportation Engineers “Interim LED Purchase Specification, Vehicle Traffic Control Sig-nal Heads, Part 2: Light Emitting Diode Vehicle Traffic Signal Modules.”

(11) Unit heaters must be equipped with intermittent ignition devices and must have ei-ther power venting or an automatic flue damper.

(12) Bottle-type water dispensers designed for dispensing both hot and cold water maynot have standby energy consumption greater than 1.2 kilowatt-hours per day, as measuredin accordance with the test criteria contained in Version 1 of the United States Environ-mental Protection Agency′s “Energy Star Program Requirements for Bottled WaterCoolers,” except that units with an integral, automatic timer may not be tested using SectionD, “Timer Usage,” of the test criteria.

(13) Commercial hot food holding cabinets shall have a maximum idle energy rate of 40watts per cubic foot of interior volume, as determined by the “Idle Energy Rate-dry Test” inASTM F2140-01, “Standard Test Method for Performance of Hot Food Holding Cabinets”published by ASTM International. Interior volume shall be measured in accordance with themethod shown in the United States Environmental Protection Agency′s “Energy Star Pro-gram 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 modefor those without a permanently illuminated clock display and four watts in standby passivemode for those with a permanently illuminated clock display, as measured in accordancewith International Electrotechnical Commission (IEC) test method 62087:2002(E), “Methodsof Measurement for the Power Consumption of Audio, Video, and Related Equipment.”

(15) Digital versatile disc players and digital versatile disc recorders may not use morethan three watts in standby passive mode, as measured in accordance with InternationalElectrotechnical Commission (IEC) test method 62087:2002(E), “Methods of Measurement forthe Power Consumption of Audio, Video, and Related Equipment.”

(16) Portable electric spas may not have a standby power greater than 5(V2/3

) Wattswhere V=the total volume in gallons, as measured in accordance with the test method forportable 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 shownin the table below shall include the required components shown._______________________________________________________________________________________

Motor Type Required Components

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

All Automatic door closers that firmly close allreach-in doors

All Automatic door closers that firmly close all walk-indoors no wider than 3.9 feet and no higher than6.9 feet that have been closed to within oneinch of full closure.

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

All Floor insulation at least R-28 for freezers (norequirement 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 motorsfan motors of under onehorsepower and lessthan 460 volts



_______________________________________________________________________________________

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

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

(B) If the appliance has an anti-sweat heater without anti-sweat controls, the applianceshall have a total door rail, glass and frame heater power draw of no more than 40 watts ifit 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 totaldoor rail, glass, and frame heater power draw is 40 watts or greater per foot of door framewidth if it is a freezer or 17 watts or greater per foot of door frame width if it is arefrigerator, the anti-sweat heat controls shall reduce the energy use of the anti-sweat heaterin an amount corresponding to the relative humidity in the air outside the door or to thecondensation on the inner glass pane. [2005 c.437 §5; 2007 c.375 §§2,3; 2007 c.649 §2]

Note: The amendments to 469.233 by section 3, chapter 375, Oregon Laws 2007, become operative July 1, 2008.See section 8, chapter 375, Oregon Laws 2007. The text that is operative until July 1, 2008, including amendmentsby section 2, chapter 375, Oregon Laws 2007, and section 2, chapter 649, Oregon Laws 2007, is set forth for the user′sconvenience.

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 Maximumcooling (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 condensingbut not remotecompressor air <1000 8.85 -.0038 Not applicable

≥ 1000 5.10 Not applicableRemote condensingand remotecompressor air <934 8.85 -.0038H Not applicable

≥ 934 5.30 Not applicableSelf-containedmodels water <200 11.40 -.0190H 191 -.0315H

≥ 200 7.60 191 -.0315HSelf-containedmodels air <175 18.0 -.0469H Not applicable

≥ 175 9.80 Not applicableWhere 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 withthe ARI 810-2003 test method as published by the Air-Conditioning and Refrigeration Institute. Ice-making headsinclude all automatic commercial ice cube machines that are not split system ice makers or self-contained modelsas defined in ARI 810-2003.

(2) Commercial clothes washers must have a minimum modified energy factor of 1.26 and a maximum waterconsumption factor of 9.5. For purposes of this subsection, capacity, modified energy factor and water consumptionfactor are defined and shall be measured in accordance with the federal test method for commercial clothes washersunder 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 whenmeasured in accordance with the ASTM International′s “Standard Test Method for Prerinse Spray Valves,” ASTMF2324-03.

(4)(a) Commercial refrigerators or freezers must meet the applicable requirements listed in the following table:



_______________________________________________________________________________________

Equipment Type Doors Maximum DailyEnergy Consumption (kWh)

Reach-in cabinets, pass-throughcabinets and roll-in or roll-through Solid 0.10V + 2.04cabinets that are refrigerators Transparent 0.12V + 3.34

Reach-in cabinets, pass-throughcabinets and roll-in or roll-throughcabinets that are “pulldown”refrigerators Transparent .126V + 3.51

Reach-in cabinets, pass-throughcabinets and roll-in or roll-through Solid 0.40V + 1.38cabinets that are freezers Transparent 0.75V + 4.10

Reach-in cabinets that arerefrigerator-freezers with anAV 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 (ft

3)

_______________________________________________________________________________________

(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, exceptthat:

(i) The back-loading doors of pass-through and roll-through refrigerators and freezers must remain closedthroughout the test; and

(ii) The controls of all commercial refrigerators or freezers shall be adjusted to obtain the following producttemperatures, 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 temperaturein degrees Fahrenheit

Refrigerator 38 ± 2Freezer 0 ± 2_______________________________________________________________________________________

(5) Illuminated exit signs must have an input power demand of five watts or less per illuminated face. Forpurposes of this subsection, input power demand shall be measured in accordance with the conditions for testingestablished 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 wattsbut less than or equal to 500 watts may not contain a probe-start metal halide lamp ballast.

(7)(a) Single-voltage external AC to DC power supplies manufactured on or after July 1, 2007, must meet therequirements in the following table:_______________________________________________________________________________________

Nameplate output Minimum Efficiency in Active Mode

<1 Watt 0.49 * Nameplate Output≥ 1 Wattand ≤ 49 Watts 0.09 * Ln (Nameplate Output) + 0.49>49 Watts 0.84

Maximum Energy Consumption in No-Load Mode

≤ 10 Watts 0.5 Watts>10 Wattsand ≤ 250 Watts 0.75 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 shallbe measured in accordance with the United States Environmental Protection Agency′s “Test Method for Calculatingthe 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 theminimum efficiencies in the following table:_______________________________________________________________________________________

Wattage Minimum average lamp efficiency(lumens per watt)

40 - 50 10.551 - 66 11.067 - 85 12.586 - 115 14.0116 - 155 14.5156 - 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 190watts when operated at full brightness.

(10)(a) Traffic signal modules must have maximum and nominal wattage that does not exceed the applicablevalues in the following table:_______________________________________________________________________________________

Module Type Maximum Wattage Nominal Wattage(at 74°C) (at 25°C)

12” red ball (or 300 mm circular) 17 118” red ball (or 200 mm circular) 13 812” red arrow (or 300 mm arrow) 12 9

12” green ball (or 300 mm circular) 15 158” green ball (or 200 mm circular) 12 1212” green arrow (or 300 mm arrow) 11 11_______________________________________________________________________________________

(b) For purposes of this subsection, maximum wattage and nominal wattage shall be measured in accordancewith and under the testing conditions specified by the Institute for Transportation Engineers “Interim LED Pur-chase Specification, Vehicle Traffic Control Signal Heads, Part 2: Light Emitting Diode Vehicle Traffic SignalModules.”

(11) Unit heaters must be equipped with intermittent ignition devices and must have either power venting oran automatic flue damper.

(12) Bottle-type water dispensers designed for dispensing both hot and cold water may not have standby energyconsumption greater than 1.2 kilowatt-hours per day, as measured in accordance with the test criteria containedin Version 1 of the United States Environmental Protection Agency′s “Energy Star Program Requirements forBottled 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 footof interior volume, as determined by the “Idle Energy Rate-dry Test” in ASTM F2140-01, “Standard Test Methodfor Performance of Hot Food Holding Cabinets” published by ASTM International. Interior volume shall be meas-ured in accordance with the method shown in the United States Environmental Protection Agency′s “Energy StarProgram 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 apermanently illuminated clock display and four watts in standby passive mode for those with a permanently illu-minated clock display, as measured in accordance with International Electrotechnical Commission (IEC) testmethod 62087:2002(E), “Methods of Measurement for the Power Consumption of Audio, Video, and Related Equip-ment.”

(15) Digital versatile disc players and digital versatile disc recorders may not use more than three watts instandby passive mode, as measured in accordance with International Electrotechnical Commission (IEC) test method62087:2002(E), “Methods of Measurement for the Power Consumption of Audio, Video, and Related Equipment.”

(16) Portable electric spas may not have a standby power greater than 5(V2/3) Watts where V=the total volumein gallons, as measured in accordance with the test method for portable electric spas contained in the CaliforniaCode 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 belowshall include the required components shown.



_______________________________________________________________________________________

Motor Type Required Components

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

All Automatic door closers that firmly close allreach-in doors

All Automatic door closers that firmly close all walk-indoors no wider than 3.9 feet and no higher than6.9 feet that have been closed to within oneinch of full closure.

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

All Floor insulation at least R-28 for freezers (norequirement 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 motorsfan motors of under onehorsepower and lessthan 460 volts_______________________________________________________________________________________

(b) In addition to the requirements in paragraph (a) of this subsection, walk-in refrigerators and walk-infreezers 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 refrigeratorper 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, andframe heater power draw is 40 watts or greater per foot of door frame width if it is a freezer or 17 watts or greaterper foot of door frame width if it is a refrigerator, the anti-sweat heat controls shall reduce the energy use of theanti-sweat heater in an amount corresponding to the relative humidity in the air outside the door or to thecondensation on the inner glass pane.

Note: See note under 469.229._______________________________________________________________________________________

Note: Section 8 (2), chapter 375, Oregon Laws 2007,provides:

Sec. 8. (2) The minimum energy efficiency stan-dards specified in ORS 469.233 (7) do not apply to asingle-voltage external AC to DC power supply that ismade available by a manufacturer directly to a con-sumer or to a service or repair facility, as a service partor spare part, after and separate from the original saleof the product requiring the power supply unless thesingle-voltage external AC to DC power supply is madeavailable five or more years after the effective date ofthis 2007 Act [June 12, 2007]. [2007 c.375 §8(2)]


Sec. 7. The minimum efficiency standard for inte-rior lights established in ORS 469.233 (17)(a) applies towalk-in refrigerators and walk-in freezers on or afterJanuary 1, 2010. [2007 c.649 §7]

469.234 [1989 c.926 §§5,9; 1993 c.617 §4; repealed by1999 c.880 §2]

469.235 Certain reflector lamps exemptfrom standards. The following state-regulated incandescent reflector lamps areexempt from the minimum energy efficiencystandards established in ORS 469.233 (8):

(1) 50 watt elliptical reflector lamps;

(2) Lamps rated at 50 watts or less of thefollowing types: BR 30, ER 30, BR 40 andER 40;

(3) Lamps rated at 65 watts of the fol-lowing types: BR 40 and ER 40; and

(4) R 20 lamps of 45 watts or less. [2007c.375 §4]


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

469.238 Sale of products not meetingstandards prohibited; exemptions. (1) Ex-cept as provided in subsection (2) of thissection, a person may not sell or offer forsale a new commercial prerinse spray valve,commercial refrigerator or freezer, illumi-nated exit sign, single-voltage external AC toDC power supply, state-regulated incandes-cent reflector lamp, torchiere, traffic signalmodule, automatic commercial ice cube ma-chine, metal halide lamp fixture or unitheater unless the energy efficiency of thenew product meets or exceeds the minimum



energy efficiency standards specified in ORS469.233.

(2) A person may sell or offer for sale anew product not meeting efficiency standardsspecified in subsection (1) of this section ifthe product is:

(a) Manufactured in this state and soldoutside this state;

(b) Manufactured outside this state andsold at wholesale inside this state for finalretail sale and installation outside this state;

(c) Installed in a mobile or manufacturedhome at the time of construction; or

(d) Designed expressly for installationand use in recreational vehicles. [2005 c.437§§2,3]

Note 1: The amendments to 469.238 by section 4,chapter 437, Oregon Laws 2005, become operative Janu-ary 1, 2009. See section 10, chapter 437, Oregon Laws2005. The text that is operative from January 1, 2009,until September 1, 2009, is set forth for the user′s con-venience.

469.238. (1) Except as provided in subsection (2) ofthis section, a person may not sell or offer for sale anew commercial clothes washer, commercial prerinsespray valve, commercial refrigerator or freezer, illumi-nated exit sign, single-voltage external AC to DC powersupply, state-regulated incandescent reflector lamp,torchiere, traffic signal module, automatic commercialice cube machine, metal halide lamp fixture or unitheater unless the energy efficiency of the new productmeets or exceeds the minimum energy efficiency stan-dards specified in ORS 469.233.

(2) A person may sell or offer for sale a new prod-uct not meeting efficiency standards specified in sub-section (1) of this section if the product is:

(a) Manufactured in this state and sold outside thisstate;

(b) Manufactured outside this state and sold atwholesale inside this state for final retail sale and in-stallation outside this state;

(c) Installed in a mobile or manufactured home atthe time of construction; or

(d) Designed expressly for installation and use inrecreational vehicles.

Note 2: The amendments to 469.238 by section 3,chapter 649, Oregon Laws 2007, become operative Sep-tember 1, 2009. See section 8, chapter 649, Oregon Laws2007. The text that is operative on and after September1, 2009, is set forth for the user′s convenience.

469.238. (1) Except as provided in subsection (2) ofthis section, a person may not sell or offer for sale anew commercial clothes washer, commercial prerinsespray valve, commercial refrigerator or freezer, illumi-nated exit sign, single-voltage external AC to DC powersupply, state-regulated incandescent reflector lamp,torchiere, traffic signal module, automatic commercialice cube machine, metal halide lamp fixture, unit heater,bottle-type water dispenser, commercial hot food holdingcabinet, compact audio product, digital versatile discplayer, digital versatile disc recorder, portable electricspa, walk-in refrigerator or walk-in freezer unless theenergy efficiency of the new product meets or exceedsthe minimum energy efficiency standards specified inORS 469.233.

(2) A person may sell or offer for sale a new prod-uct not meeting efficiency standards specified in sub-section (1) of this section if the product is:

(a) Manufactured in this state and sold outside thisstate;

(b) Manufactured outside this state and sold atwholesale inside this state for final retail sale and in-stallation outside this state;

(c) Installed in a mobile or manufactured home atthe time of construction; or

(d) Designed expressly for installation and use inrecreational vehicles.

Note 3: See note under 469.229.

469.239 Installation of products notmeeting standards prohibited; ex-emptions. (1) Except as provided in subsec-tion (2) of this section, a person may notinstall a new commercial prerinse sprayvalve, commercial refrigerator or freezer, il-luminated exit sign, single-voltage externalAC to DC power supply, state-regulated in-candescent reflector lamp, torchiere, trafficsignal module or unit heater for compensa-tion unless the energy efficiency of the newproduct meets or exceeds the minimum en-ergy efficiency standards specified in ORS469.233.

(2) A person may install a new productnot meeting efficiency standards specified insubsection (1) of this section if the productis:

(a) Installed in a mobile or manufacturedhome at the time of construction; or

(b) Designed expressly for installationand use in recreational vehicles. [2005 c.437 §6]

Note 1: The amendments to 469.239 by section 7,chapter 437, Oregon Laws 2005, become operative Janu-ary 1, 2009. See section 10, chapter 437, Oregon Laws2005. The text that is operative from January 1, 2009,until September 1, 2010, is set forth for the user′s con-venience.

469.239. (1) Except as provided in subsection (2) ofthis section, a person may not install a new commercialclothes washer, commercial prerinse spray valve, com-mercial refrigerator or freezer, illuminated exit sign,single-voltage external AC to DC power supply, state-regulated incandescent reflector lamp, torchiere, trafficsignal module, automatic commercial ice cube machine,metal halide lamp fixture or unit heater for compensa-tion unless the energy efficiency of the new productmeets or exceeds the minimum energy efficiency stan-dards specified in ORS 469.233.

(2) A person may install a new product not meetingefficiency standards specified in subsection (1) of thissection if the product is:

(a) Installed in a mobile or manufactured home atthe time of construction; or

(b) Designed expressly for installation and use inrecreational vehicles.

Note 2: The amendments to 469.239 by section 4,chapter 649, Oregon Laws 2007, become operative Sep-tember 1, 2010. See section 8, chapter 649, Oregon Laws2007. The text that is operative on and after September1, 2010, is set forth for the user′s convenience.

469.239. (1) Except as provided in subsection (2) ofthis section, a person may not install a new commercialclothes washer, commercial prerinse spray valve, com-mercial refrigerator or freezer, illuminated exit sign,single-voltage external AC to DC power supply, state-regulated incandescent reflector lamp, torchiere, trafficsignal module, automatic commercial ice cube machine,



metal halide lamp fixture, unit heater, bottle-type waterdispenser, commercial hot food holding cabinet, compactaudio product, digital versatile disc player, digital ver-satile disc recorder, portable electric spa, walk-inrefrigerator or walk-in freezer for compensation unlessthe energy efficiency of the new product meets or ex-ceeds the minimum energy efficiency standards specifiedin ORS 469.233.

(2) A person may install a new product not meetingefficiency standards specified in subsection (1) of thissection if the product is:

(a) Installed in a mobile or manufactured home atthe time of construction; or

(b) Designed expressly for installation and use inrecreational vehicles.

Note 3: See note under 469.229.469.240 [1989 c.926 §§11,12; repealed by 1999 c.880

§2]469.241 [1993 c.617 §22; repealed by 1999 c.880 §2]469.242 [1993 c.617 §20; repealed by 1999 c.880 §2]469.243 [1993 c.617 §21; repealed by 1999 c.880 §2]469.244 [1989 c.926 §§16,25; repealed by 1993 c.617

§28]469.245 [1993 c.617 §19; repealed by 1999 c.880 §2]469.246 [1989 c.926 §§13,18; 1991 c.67 §135; 1993 c.617

§5; repealed by 1999 c.880 §2]469.247 [1993 c.617 §16; repealed by 1999 c.880 §2]469.248 [1989 c.926 §39; 1991 c.67 §136; 1993 c.617 §6;

repealed by 1999 c.880 §2]469.249 [1993 c.617 §18; repealed by 1999 c.880 §2]469.250 [1989 c.926 §§7,8; 1991 c.67 §137; repealed by

1999 c.880 §2]469.252 [1989 c.926 §§14,15; repealed by 1993 c.617

§28]469.253 [1993 c.617 §17; repealed by 1999 c.880 §2]469.254 [1989 c.926 §19; 1993 c.617 §7; 1997 c.838 §6;

repealed by 1999 c.880 §2]

469.255 Manufacturers to test pro-ducts; test methods; certification of pro-ducts; rules. (1) A manufacturer of aproduct specified in ORS 469.238 that is soldor offered for sale, or installed or offered forinstallation, in this state shall test samplesof the manufacturer′s products in accordancewith the test methods specified in ORS469.233 or, if more stringent, those specifiedin the state building code.

(2) If the test methods for products re-quired to be tested under this section are notprovided for in ORS 469.233 or in the statebuilding code, the State Department of En-ergy shall adopt test methods for these pro-ducts. The department shall use test methodsapproved by the United States Departmentof Energy or, in the absence of federal testmethods, other appropriate nationally recog-nized test methods for guidance in adoptingtest methods. The State Department of En-ergy may periodically review and revise itstest methods.

(3) A manufacturer of a product regu-lated pursuant to ORS 469.229 to 469.261,except for manufacturers of single-voltageexternal AC to DC power supplies, walk-in

refrigerators and walk-in freezers, shall cer-tify to the State Department of Energy thatthe products are in compliance with theminimum energy efficiency standards speci-fied in ORS 469.233. The department shallestablish rules governing the certification ofthese products and may coordinate with thecertification and testing programs of otherstates and federal agencies with similarstandards.

(4)(a) The department shall establishrules governing the identification of the pro-ducts that comply with the minimum energyefficiency standards specified in ORS 469.233.The rules shall be coordinated to the great-est extent practicable with the labeling pro-grams of other states and federal agencieswith equivalent efficiency standards.

(b) Identification required under para-graph (a) of this subsection shall be bymeans of a mark, label or tag on the productand packaging at the time of sale or instal-lation.

(c) The department shall waive marking,labeling or tagging requirements for productsmarked, labeled or tagged in compliance withfederal requirements or for products certifiedpursuant to subsection (3) of this section,unless the department determines that statemarking, labeling or tagging is required toprovide adequate energy efficiency informa-tion to the consumer. [2005 c.437 §9; 2007 c.375§6; 2007 c.649 §5a]

Note: See note under 469.229.469.256 [1989 c.926 §29; repealed by 1993 c.617 §29]469.258 [1989 c.926 §20; 1991 c.641 §6; repealed by

1999 c.880 §2]469.259 [1991 c.641 §2; 1993 c.617 §8; repealed by 1999

c.880 §2]469.260 [1989 c.926 §21; 1991 c.67 §138; repealed by

1999 c.880 §2]

469.261 Department to review stan-dards; rules; postponement of operativedates of standards; application for waiverof federal preemption. (1)(a) Notwithstand-ing ORS 469.233, the State Department ofEnergy shall periodically review the mini-mum energy efficiency standards specified inORS 469.233.

(b) After the review pursuant to para-graph (a) of this subsection, the Director ofthe State Department of Energy may adoptrules to update the minimum energy effi-ciency standards specified in ORS 469.233 ifthe director determines that the standardsneed to be updated:

(A) To promote energy conservation inthe state;

(B) To achieve cost-effectiveness for con-sumers; or

(C) Due to federal action or to the out-come of collaborative consultations with



manufacturers and the energy departmentsof other states.

(c)(A) In addition to the rules adoptedunder paragraph (b) of this subsection, thedirector may postpone by rule the operativedate of any of the minimum energy efficiencystandards specified in ORS 469.233 if the di-rector determines that:

(i) Adjoining states with similar mini-mum energy efficiency standards have post-poned the operative date of theircorresponding minimum energy efficiencystandards; or

(ii) Failure to modify the operative dateof any of the minimum energy efficiencystandards would impose a substantial hard-ship on manufacturers, retailers or the pub-lic.

(B)(i) The director may not postpone theoperative date of a minimum energy effi-ciency standard under subparagraph (A) ofthis paragraph for more than one year.

(ii) If at the end of the first postponementperiod the director determines that adjoiningstates have further postponed the operativedate of minimum energy efficiency standardsand the requirements of subparagraph (A) ofthis paragraph continue to be met, the di-rector may postpone the operative date fornot more than one additional year.

(d) After the review pursuant to para-graph (a) of this subsection, the director mayadopt rules to establish new minimum energyefficiency standards if the director deter-mines that new standards are needed:

(A) To promote energy conservation inthe state;

(B) To achieve cost-effectiveness for con-sumers; or

(C) Due to federal action or to the out-come of collaborative consultations withmanufacturers and the energy departmentsof other states.

(e) If the director adopts rules underparagraph (b) of this subsection to update theminimum energy efficiency standards speci-fied in ORS 469.233 or under paragraph (d)of this subsection to establish new minimumenergy efficiency standards:

(A) The rules may not take effect untilone year following their adoption by the di-rector; and

(B) The Governor shall cause to be in-troduced at the next Legislative Assembly abill to conform the statutory minimum en-ergy efficiency standards to the minimumenergy efficiency standards adopted by thedirector by rule.

(2) If the director determines that imple-mentation of a state minimum energy effi-

ciency standard requires a waiver of federalpreemption, the director shall apply for awaiver of federal preemption pursuant to 42U.S.C. 6297(d). [2005 c.437 §8; 2007 c.375 §7; 2007c.649 §6a]

Note: See note under 469.229.469.262 [1989 c.926 §24; repealed by 1999 c.880 §2]469.267 [1989 c.926 §26; 1993 c.617 §9; repealed by

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

1999 c.880 §2]469.270 [1989 c.926 §28; 1991 c.67 §139; repealed by

1993 c.617 §29]469.274 [1989 c.926 §§31,32; 1991 c.641 §7; 1993 c.617

§11; repealed by 1999 c.880 §2]469.276 [1989 c.926 §33; repealed by 1999 c.880 §2]469.278 [1989 c.926 §34; repealed by 1999 c.880 §2]469.280 [1989 c.926 §35; repealed by 1999 c.880 §2]469.282 [1989 c.926 §36; repealed by 1999 c.880 §2]469.284 [1989 c.926 §37; repealed by 1999 c.880 §2]469.286 [1989 c.926 §38; 1991 c.67 §140; 1993 c.617 §12;

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

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

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

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

REGULATION OF ENERGY FACILITIES(General Provisions)

469.300 Definitions. As used in ORS469.300 to 469.563, 469.590 to 469.619, 469.930and 469.992, unless the context requires oth-erwise:

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

(2) “Application” means a request for ap-proval of a particular site or sites for theconstruction and operation of an energy fa-cility or the construction and operation of anadditional energy facility upon a site forwhich a certificate has already been issued,filed in accordance with the procedures es-tablished pursuant to ORS 469.300 to 469.563,469.590 to 469.619, 469.930 and 469.992.

(3) “Associated transmission lines” meansnew transmission lines constructed to con-nect an energy facility to the first point ofjunction of such transmission line or lineswith either a power distribution system oran interconnected primary transmission sys-tem or both or to the Northwest Power Grid.

(4) “Average electric generatingcapacity” means the peak generating capac-ity of the facility divided by one of the fol-lowing factors:

(a) For wind or solar energy facilities,3.00;



(b) For geothermal energy facilities, 1.11;or

(c) For all other energy facilities, 1.00.(5) “Combustion turbine power plant”

means a thermal power plant consisting ofone or more fuel-fired combustion turbinesand any associated waste heat combined cy-cle generators.

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

(7) “Council” means the Energy FacilitySiting Council established under ORS469.450.

(8) “Department” means the State De-partment of Energy created under ORS469.030.


(10) “Electric utility” means persons,regulated electrical companies, people′s util-ity districts, joint operating agencies, electriccooperatives, municipalities or any combina-tion thereof, engaged in or authorized to en-gage in the business of generating, supplying,transmitting or distributing electric energy.

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

(A) An electric power generating plantwith a nominal electric generating capacityof 25 megawatts or more, including but notlimited to:

(i) Thermal power; or(ii) Combustion turbine power plant.(B) A nuclear installation as defined in

this section.(C) A high voltage transmission line of

more than 10 miles in length with a capacityof 230,000 volts or more to be constructed inmore than one city or county in this state,but excluding:

(i) Lines proposed for construction en-tirely within 500 feet of an existing corridoroccupied by high voltage transmission lineswith a capacity of 230,000 volts or more; and

(ii) Lines of 57,000 volts or more that arerebuilt and upgraded to 230,000 volts alongthe same right of way.

(D) A solar collecting facility using morethan 100 acres of land.

(E) A pipeline that is:(i) At least six inches in diameter, and

five or more miles in length, used for thetransportation of crude petroleum or a de-rivative thereof, liquefied natural gas, a geo-thermal energy form in a liquid state or

other fossil energy resource, excluding apipeline conveying natural or synthetic gas;

(ii) At least 16 inches in diameter, andfive or more miles in length, used for thetransportation of natural or synthetic gas,but excluding:

(I) A pipeline proposed for constructionof which less than five miles of the pipelineis more than 50 feet from a public road, asdefined in ORS 368.001; or

(II) A parallel or upgraded pipeline up to24 inches in diameter that is constructedwithin the same right of way as an existing16-inch or larger pipeline that has a sitecertificate, if all studies and necessary miti-gation conducted for the existing site certif-icate meet or are updated to meet currentsite certificate standards; or

(iii) At least 16 inches in diameter andfive or more miles in length used to carry ageothermal energy form in a gaseous statebut excluding a pipeline used to distributeheat within a geothermal heating district es-tablished under ORS chapter 523.

(F) A synthetic fuel plant which convertsa natural resource including, but not limitedto, coal or oil to a gas, liquid or solid productintended to be used as a fuel and capable ofbeing burned to produce the equivalent oftwo billion Btu of heat a day.

(G) A plant which converts biomass to agas, liquid or solid product, or combinationof such products, intended to be used as afuel and if any one of such products is capa-ble of being burned to produce the equivalentof six billion Btu of heat a day.

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

(I) A surface facility related to an under-ground gas storage reservoir that, at designinjection or withdrawal rates, will receive ordeliver more than 50 million cubic feet ofnatural or synthetic gas per day, or requiremore than 4,000 horsepower of natural gascompression to operate, but excluding:

(i) The underground storage reservoir;(ii) The injection, withdrawal or moni-

toring wells and individual wellhead equip-ment; and

(iii) An underground gas storage reser-voir into which gas is injected solely fortesting or reservoir maintenance purposes orto facilitate the secondary recovery of oil orother hydrocarbons.

(J) An electric power generating plantwith an average electric generating capacityof 35 megawatts or more if the power isproduced from geothermal, solar or wind en-



ergy at a single energy facility or within asingle energy generation area.

(b) “Energy facility” does not include ahydroelectric facility.

(12) “Energy generation area” means anarea within which the effects of two or moresmall generating plants may accumulate sothe small generating plants have effects of amagnitude similar to a single generatingplant of 35 megawatts average electric gen-erating capacity or more. An “energy gener-ation area” for facilities using a geothermalresource and covered by a unit agreement,as provided in ORS 522.405 to 522.545 or byfederal law, shall be defined in that unitagreement. If no such unit agreement exists,an energy generation area for facilities usinga geothermal resource shall be the area thatis within two miles, measured from the elec-trical generating equipment of the facility,of an existing or proposed geothermal elec-tric power generating plant, not includingthe site of any other such plant not ownedor controlled by the same person.

(13) “Extraordinary nuclear occurrence”means any event causing a discharge or dis-persal of source material, special nuclearmaterial or by-product material as thoseterms are defined in ORS 453.605, from itsintended place of confinement off-site, orcausing radiation levels off-site, that theUnited States Nuclear Regulatory Commis-sion or its successor determines to be sub-stantial and to have resulted in or to belikely to result in substantial damages topersons or property off-site.

(14) “Facility” means an energy facilitytogether with any related or supporting fa-cilities.

(15) “Geothermal reservoir” means anaquifer or aquifers containing a commongeothermal fluid.

(16) “Local government” means a city orcounty.

(17) “Nominal electric generating capac-ity” means the maximum net electric poweroutput of an energy facility based on the av-erage temperature, barometric pressure andrelative humidity at the site during the timesof the year when the facility is intended tooperate.

(18) “Nuclear incident” means any oc-currence, including an extraordinary nuclearoccurrence, that results in bodily injury,sickness, disease, death, loss of or damage toproperty or loss of use of property due to theradioactive, toxic, explosive or other hazard-ous properties of source material, specialnuclear material or by-product material asthose terms are defined in ORS 453.605.

(19) “Nuclear installation” means anypower reactor, nuclear fuel fabrication plant,

nuclear fuel reprocessing plant, waste dis-posal facility for radioactive waste, and anyfacility handling that quantity of fissionablematerials sufficient to form a critical mass.“Nuclear installation” does not include anysuch facilities that are part of a thermalpower plant.

(20) “Nuclear power plant” means anelectrical or any other facility using nuclearenergy with a nominal electric generatingcapacity of 25 megawatts or more, for gener-ation and distribution of electricity, and as-sociated transmission lines.

(21) “Person” means an individual, part-nership, joint venture, private or public cor-poration, association, firm, public servicecompany, political subdivision, municipalcorporation, government agency, people′sutility district, or any other entity, public orprivate, however organized.

(22) “Project order” means the order, in-cluding any amendments, issued by the StateDepartment of Energy under ORS 469.330.

(23)(a) “Radioactive waste” means allmaterial which is discarded, unwanted or hasno present lawful economic use, and containsmined or refined naturally occurring iso-topes, accelerator produced isotopes and by-product material, source material or specialnuclear material as those terms are definedin ORS 453.605. The term does not includethose radioactive materials identified in OAR345-50-020, 345-50-025 and 345-50-035, adoptedby the council on December 12, 1978, andrevised periodically for the purpose of addingadditional isotopes which are not referred toin OAR 345-50 as presenting no significantdanger to the public health and safety.

(b) Notwithstanding paragraph (a) of thissubsection, “radioactive waste” does not in-clude uranium mine overburden or uraniummill tailings, mill wastes or mill by-productmaterials as those terms are defined in Title42, United States Code, section 2014, on June25, 1979.

(24) “Related or supporting facilities”means any structure, proposed by the appli-cant, to be constructed or substantially mod-ified in connection with the construction ofan energy facility, including associatedtransmission lines, reservoirs, storage facili-ties, intake structures, road and rail access,pipelines, barge basins, office or publicbuildings, and commercial and industrialstructures. “Related or supporting facilities”does not include geothermal or undergroundgas storage reservoirs, production, injectionor monitoring wells or wellhead equipmentor pumps.

(25) “Site” means any proposed locationof an energy facility and related or support-ing facilities.



(26) “Site certificate” means the bindingagreement between the State of Oregon andthe applicant, authorizing the applicant toconstruct and operate a facility on an ap-proved site, incorporating all conditions im-posed by the council on the applicant.

(27) “Thermal power plant” means anelectrical facility using any source of ther-mal energy with a nominal electric generat-ing capacity of 25 megawatts or more, forgeneration and distribution of electricity, andassociated transmission lines, including butnot limited to a nuclear-fueled, geothermal-fueled or fossil-fueled power plant, but notincluding a portable power plant the princi-pal use of which is to supply power in emer-gencies. “Thermal power plant” includes anuclear-fueled thermal power plant that hasceased to operate.

(28) “Transportation” means the trans-port within the borders of the State of Ore-gon of radioactive material destined for orderived from any location.

(29) “Underground gas storage reservoir”means any subsurface sand, strata, forma-tion, aquifer, cavern or void, whether naturalor artificially created, suitable for the in-jection, storage and withdrawal of naturalgas or other gaseous substances. “Under-ground gas storage reservoir” includes a poolas defined in ORS 520.005.

(30) “Utility” includes:(a) A person, a regulated electrical com-

pany, a people′s utility district, a joint oper-ating agency, an electric cooperative,municipality or any combination thereof, en-gaged in or authorized to engage in thebusiness of generating, transmitting or dis-tributing electric energy;

(b) A person or public agency generatingelectric energy from an energy facility for itsown consumption; and

(c) A person engaged in this state in thetransmission or distribution of natural orsynthetic gas.

(31) “Waste disposal facility” means ageographical site in or upon which radioac-tive waste is held or placed but does not in-clude a site at which radioactive waste usedor generated pursuant to a license grantedunder ORS 453.635 is stored temporarily, asite of a thermal power plant used for thetemporary storage of radioactive waste fromthat plant for which a site certificate hasbeen issued pursuant to this chapter or a siteused for temporary storage of radioactivewaste from a reactor operated by a college,university or graduate center for researchpurposes and not connected to the NorthwestPower Grid. As used in this subsection,“temporary storage” includes storage of ra-dioactive waste on the site of a nuclear-

fueled thermal power plant for which a sitecertificate has been issued until a permanentstorage site is available by the federal gov-ernment. [Formerly 453.305; 1977 c.796 §1; 1979 c.283§1; 1981 c.587 §1; 1981 c.629 §2; 1981 c.707 §1; 1981 c.866§1; 1991 c.480 §4; 1993 c.544 §3; 1993 c.569 §3; 1995 c.505§6; 1995 c.551 §10; 1997 c.606 §1; 1999 c.365 §5; 2001 c.134§2; 2001 c.683 §6; 2003 c.186 §28]

469.310 Policy. In the interests of thepublic health and the welfare of the peopleof this state, it is the declared public policyof this state that the siting, construction andoperation of energy facilities shall be accom-plished in a manner consistent with pro-tection of the public health and safety and incompliance with the energy policy and air,water, solid waste, land use and other envi-ronmental protection policies of this state. Itis, therefore, the purpose of ORS 469.300 to469.563, 469.590 to 469.619, 469.930 and469.992 to exercise the jurisdiction of theState of Oregon to the maximum extent per-mitted by the United States Constitution andto establish in cooperation with the federalgovernment a comprehensive system for thesiting, monitoring and regulating of the lo-cation, construction and operation of all en-ergy facilities in this state. It is furthermorethe policy of this state, notwithstanding ORS469.010 (2)(f) and the definition of cost-effective in ORS 469.020, that the need fornew generating facilities, as defined in ORS469.503, is sufficiently addressed by relianceon competition in the market rather than byconsideration of cost-effectiveness and shallnot be a matter requiring determination bythe Energy Facility Siting Council in thesiting of a generating facility, as defined inORS 469.503. [Formerly 453.315; 1997 c.428 §1; 2003c.186 §29]

(Siting)469.320 Site certificate required; ex-

ceptions. (1) Except as provided in subsec-tions (2) and (5) of this section, no facilityshall be constructed or expanded unless asite certificate has been issued for the sitethereof in the manner provided in ORS469.300 to 469.563, 469.590 to 469.619, 469.930and 469.992. No facility shall be constructedor operated except in conformity with therequirements 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 August2, 1993, had operable electric generatingequipment for a modification that uses thesame fuel type and increases electric gener-ating 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 morethan 200 million Btu per hour greater thanit was on August 2, 1993, or the energy fa-cility expansion is called for in the short-term plan of action of an energy resourceplan that has been acknowledged by thePublic Utility Commission of Oregon.

(b) Construction or expansion of anyinterstate natural gas pipeline or associatedunderground natural gas storage facility au-thorized by and subject to the continuingregulation of the Federal Energy RegulatoryCommission or successor agency.

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

(A) Sequentially produces electrical en-ergy and useful thermal energy from thesame fuel source; and

(B) Under normal operating conditions,has a useful thermal energy output of no lessthan 33 percent of the total energy output orthe fuel chargeable to power heat rate valueis not greater than 6,000 Btu per kilowatthour.

(d) Temporary storage, at the site of anuclear-fueled thermal power plant for whicha site certificate has been issued by the Stateof Oregon, of radioactive waste from theplant.

(e) An energy facility as defined in ORS469.300 (11)(a)(G), if the plant also producesa secondary fuel used on site for the produc-tion of heat or electricity, if the output ofthe primary fuel is less than six billion Btuof heat a day.

(f) An energy facility as defined in ORS469.300 (11)(a)(G), if the facility:

(A) Exclusively uses biomass, includingbut not limited to grain, whey, potatoes, oilseeds, waste vegetable oil or cellulosicbiomass, as the source of material for con-version to a liquid fuel;

(B) Has received local land use approvalunder the applicable acknowledged compre-hensive plan and land use regulations of theaffected local government and the facilitycomplies with any statewide planning goalsor rules of the Land Conservation and De-velopment Commission that are directly ap-plicable to the facility;

(C) Requires no new electric trans-mission lines or gas or petroleum productpipelines that would require a site certificateunder subsection (1) of this section;

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

(E) Emits less than 118 pounds of carbondioxide per million Btu from fossil fuel usedfor conversion energy.

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

(A) The facility has received local landuse approval under the applicable acknowl-edged comprehensive plan and land use reg-ulations of the affected local government andthe facility complies with all statewide plan-ning goals and applicable rules of the LandConservation and Development Commission;

(B) The standby generators have beenapproved by the Department of Environ-mental Quality as having complied with allapplicable air and water quality require-ments. For an applicant that proposes toprovide the physical facilities for the instal-lation of standby generators, the requirementof this subparagraph may be met by agreeingto require such a term in the lease contractfor the facility; and

(C) The standby generators are elec-trically incapable of being interconnected tothe transmission grid. For an applicant thatproposes to provide the physical facilities forthe installation of standby generators, therequirement of this subparagraph may be metby agreeing to require such a term in thelease contract for the facility.

(3) The Energy Facility Siting Councilmay review and, if necessary, revise the fuelchargeable to power heat rate value set forthin subsection (2)(c)(B) of this section. Inmaking its determination, the council shallensure that the fuel chargeable to powerheat rate value for facilities set forth insubsection (2)(c)(B) of this section remainssignificantly lower than the fuel chargeableto power heat rate value for the best avail-able, commercially viable thermal powerplant technology at the time of the revision.

(4) Any person who proposes to constructor enlarge an energy facility and who claimsan exemption under subsection (2)(a), (c), (f)or (g) of this section from the requirement toobtain a site certificate shall request theEnergy Facility Siting Council to determinewhether the proposed facility qualifies forthe claimed exemption. The council shallmake its determination within 60 days afterthe request for exemption is filed. An appealfrom the council′s determination on a re-quest for exemption shall be made underORS 469.403, except that the scope of reviewby the Supreme Court shall be the same asa review by a circuit court under ORS183.484. The record on review by the Su-preme Court shall be the record establishedin the council proceeding on the exemption.



(5) Notwithstanding subsection (1) of thissection, a separate site certificate shall notbe required for:

(a) Transmission lines, storage facilities,pipelines or similar related or supporting fa-cilities, if such related or supporting facili-ties are addressed in and are subject to a sitecertificate for another energy facility;

(b) Expansion within the site or withinthe energy generation area of a facility forwhich a site certificate has been issued, ifthe existing site certificate has beenamended to authorize expansion; or

(c) Expansion, either within the site oroutside the site, of an existing council certi-fied surface facility related to an under-ground gas storage reservoir, if the existingsite certificate is amended to authorize ex-pansion.

(6) If the substantial loss of the steamhost causes a facility exempt under subsec-tion (2)(c) of this section to substantially failto meet the exemption requirements undersubsection (2)(c) of this section, the electricgenerating facility shall cease to operate oneyear after the substantial loss of the steamhost unless an application for a site certif-icate has been filed in accordance with theprovisions of ORS 469.300 to 469.563.

(7) As used in this section:(a) “Standby generation facility” means

an electric power generating facility, includ-ing standby generators and the physicalstructures necessary to install and connectstandby generators, that provides temporaryelectric power in the event of a power outageand that is electrically incapable of beinginterconnected with the transmission grid.

(b) “Total energy output” means the sumof useful thermal energy output and usefulelectrical energy output.

(c) “Useful thermal energy” means theverifiable thermal energy used in any viableindustrial or commercial process, heating orcooling application.

(8) Notwithstanding the definition of“energy facility” in ORS 469.300 (11)(a)(J), anelectric power generating plant with an av-erage electric generating capacity of lessthan 35 megawatts produced from wind en-ergy at a single energy facility or within asingle energy generation area may elect toobtain a site certificate in the manner pro-vided in ORS 469.300 to 469.563, 469.590 to469.619, 469.930 and 469.992. An election toobtain a site certificate under this subsectionshall be final upon submission of an applica-tion for a site certificate. [Formerly 453.325; 1977c.86 §1; 1979 c.730 §8; 1982 s.s.1 c.6 §1; 1987 c.200 §5; 1991c.480 §5; 1993 c.569 §4; 1995 c.505 §7; 1999 c.365 §6; 1999c.385 §1; 2001 c.134 §§3,4; 2001 c.683 §§7,8; 2003 c.186§§76,77; 2005 c.768 §§1,2; 2007 c.739 §33]

469.330 Notice of intent to file appli-cation for site certificate; public notice;standards, application requirements andstudy requirements; project order; rules.(1) Each applicant for a site certificate shallsubmit to the Energy Facility Siting Councila notice of intent to file an application for asite certificate. The notice of intent mustprovide information about the proposed siteand the characteristics of the facility suffi-cient for the preparation of the State De-partment of Energy′s project order.

(2) The council shall cause public noticeto be given upon receipt of a notice of intentby the council. The public notice shall pro-vide a description of the proposed site andfacility in sufficient detail to inform thepublic of the location and proposed use of thesite.

(3) Following review of the notice of in-tent and any public comments received inresponse to the notice of intent, the depart-ment may hold a preapplication conferencewith state agencies and local governmentsthat have regulatory or advisory responsibil-ity with respect to the facility. After thepreapplication conference, the departmentshall issue a project order establishing thestatutes, administrative rules, council stan-dards, local ordinances, application require-ments and study requirements for the sitecertificate application. A project order is nota final order.

(4) A project order issued under subsec-tion (3) of this section may be amended atany time by either the department or thecouncil. [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 by1981 c.629 §3]

469.350 Application for site certificate;comment and recommendation. (1) Appli-cations for site certificates shall be made tothe Energy Facility Siting Council in a formprescribed by the council and accompaniedby the fee required by ORS 469.421.

(2) Copies of the notice of intent and ofthe application shall be sent for commentand recommendation within specified dead-lines established by the council to the De-partment of Environmental Quality, theWater Resources Commission, the State Fishand Wildlife Commission, the Water Re-sources Director, the State Geologist, theState Forestry Department, the Public Util-ity Commission of Oregon, the State Depart-ment of Agriculture, the Department of LandConservation and Development, any otherstate agency that has regulatory or advisoryresponsibility with respect to the facility andany city or county affected by the applica-tion.



(3) Any state agency, city or county thatis requested by the council to comment andmake recommendations under this sectionshall respond to the council by the specifieddeadline. If a state agency, city or countydetermines that it cannot respond to thecouncil by the specified deadline because thestate agency, city or county lacks sufficientresources to review and comment on the ap-plication, the state agency, city or countyshall contract with another entity to assistin preparing a response. A state agency, cityor county that enters into a contract to as-sist in preparing a response may requestfunding to pay for that contract from thecouncil pursuant to ORS 469.360.

(4) The State Department of Energy shallnotify the applicant whether the applicationis complete. When the department deter-mines an application is complete, the depart-ment shall notify the applicant and providenotice to the public. [Formerly 453.345; 1977 c.794§10; 1989 c.88 §2; 1993 c.569 §6; 1995 c.505 §9; 2001 c.683§10]

469.360 Evaluation of site applications;costs; payment. (1) The Energy FacilitySiting Council shall evaluate each site cer-tificate application. As part of its evaluation,the council may commission an independentstudy by an independent contractor, stateagency, local government or any other per-son, of any aspect of the proposed facilitywithin its statutory authority to review. Thecouncil may compensate a state agency orlocal government for expenses related to:

(a) Review of the notice of intent, theapplication or a request for an expedited re-view;

(b) The state agency′s or local govern-ment′s participation in a council proceeding;and

(c) The performance of specific studiesnecessary to complete the council′s statutoryevaluation of the application.

(2) The council may enter into a contractunder subsection (1) of this section only afterthe council makes a determination that thecouncil is unable to fully evaluate the appli-cation without assistance and identifies spe-cific issues to be addressed and onlypursuant to a written contract or agreementwith the independent contractor, stateagency, local government or other person.The council shall compensate the independ-ent contractor, state agency, local govern-ment or other person only to the extent thecosts are directly related to issues identifiedby the council.

(3) The council shall provide funding tostate agencies, cities or counties required tocontract with another entity to complete

comments and recommendations pursuant toORS 469.350.

(4) In addition to compensating stateagencies and local governments pursuant tosubsection (1) of this section, the councilmay provide funding to the Department ofEnvironmental Quality for the department toconduct modeling and provide technical as-sistance to expedite preparation, submissionand review of applications for permits underORS 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 hear-ing; issues raised; final order; expeditedprocessing. (1) Based on its review of theapplication and the comments and recom-mendations on the application from stateagencies and local governments, the StateDepartment of Energy shall prepare and is-sue a draft proposed order on the application.

(2) Following issuance of the draft pro-posed order, the Energy Facility SitingCouncil shall hold one or more public hear-ings on the application for a site certificatein the affected area and elsewhere, as thecouncil considers necessary. Notice of thehearing shall be mailed at least 20 days be-fore the hearing. The notice shall, at aminimum:

(a) Comply with the requirements of ORS197.763 (2), with respect to the persons noti-fied;

(b) Include a description of the facilityand the facility′s general location;

(c) Include the name of an agency repre-sentative to contact and the telephone num-ber where additional information may beobtained;

(d) State that copies of the applicationand draft proposed order are available forinspection at no cost and will be provided ata reasonable cost; and

(e) State that failure to raise an issue inperson or in writing prior to the close of therecord of the public hearing with sufficientspecificity to afford the decision maker anopportunity to respond to the issue precludesconsideration of the issue in a contestedcase.

(3) Any issue that may be the basis for acontested case shall be raised not later thanthe close of the record at or following thefinal public hearing prior to issuance of thedepartment′s proposed order. Such issuesshall be raised with sufficient specificity toafford the council, the department and theapplicant an adequate opportunity to respondto each issue. A statement of this require-ment shall be made at the commencement ofany public hearing on the application.



(4) After reviewing the application, thedraft proposed order and any testimony givenat the public hearing and after consultingwith other agencies, the department shall is-sue a proposed order recommending approvalor rejection of the application. The depart-ment shall issue public notice of the pro-posed order, that shall include notice of acontested case hearing specifying a deadlinefor requests to participate as a party or lim-ited party and a date for the prehearing con-ference.

(5) Following receipt of the proposed or-der from the department, the council shallconduct a contested case hearing on the ap-plication for a site certificate in accordancewith the applicable provisions of ORS chap-ter 183 and any procedures adopted by thecouncil. The applicant shall be a party to thecontested case. The council may permit anyother person to become a party to the con-tested case in support of or in opposition tothe application only if the person appearedin person or in writing at the public hearingon the site certificate application. Issuesthat may be the basis for a contested caseshall be limited to those raised on the recordof the public hearing under subsection (3) ofthis section, unless:

(a) The department failed to follow therequirements of subsection (2) or (3) of thissection; or

(b) The action recommended in the pro-posed order, including any recommendedconditions of the approval, differs materiallyfrom that described in the draft proposed or-der, in which case only new issues related tosuch differences may be raised.

(6) If no person requests party status tochallenge the department′s proposed order,the proposed order shall be forwarded to thecouncil and the contested case hearing shallbe concluded.

(7) At the conclusion of the contestedcase, the council shall issue a final order,either approving or rejecting the applicationbased upon the standards adopted under ORS469.501 and any additional statutes, rules orlocal ordinances determined to be applicableto the facility by the project order, asamended. The council shall make its deci-sion by the affirmative vote of at least fourmembers approving or rejecting any applica-tion for a site certificate. The council mayamend or reject the proposed order, so longas the council provides public notice of itshearing to adopt a final order, and providesan opportunity for the applicant and anyparty to the contested case to comment onmaterial changes to the proposed order, in-cluding material changes to conditions ofapproval resulting from the council′s review.

The council′s order shall be considered afinal order for purposes of appeal.

(8) Rejection or approval of an applica-tion, together with any conditions that maybe attached to the certificate, shall be sub-ject to judicial review as provided in ORS469.403.

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

(a) Within 24 months after filing an ap-plication for a nuclear installation, or for athermal power plant, other than that de-scribed in paragraph (b) of this subsection,with a nameplate rating of more than 200,000kilowatts;

(b) Within nine months after filing of anapplication for a site certificate for a com-bustion turbine power plant, a geothermal-fueled power plant or an undergroundstorage facility for natural gas;

(c) Within six months after filing an ap-plication for a site certificate for an energyfacility, if the application is:

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

(B) To expand an existing energy facilityto achieve a nominal electric generating ca-pacity of between 25 and 50 megawatts; or

(C) To add injection or withdrawal ca-pacity to an existing underground gas stor-age facility; or

(d) Within 12 months after filing an ap-plication for a site certificate for any otherenergy facility.

(10) At the request of the applicant, thecouncil shall allow expedited processing ofan application for a site certificate for anenergy facility with an average electric gen-erating capacity of less than 100 megawatts.No notice of intent shall be required. Fol-lowing approval of a request for expeditedreview, the department shall issue a projectorder, which may be amended at any time.The council shall either approve or reject anapplication for a site certificate within sixmonths after filing the site certificate appli-cation if there are no intervenors in thecontested case conducted under subsection(5) of this section. If there are intervenorsin the contested case, the council shall ei-ther approve or reject an application withinnine months after filing the site certificateapplication. For purposes of this subsection,the generating capacity of a thermal powerplant is the nameplate rating of the elec-trical generator proposed to be installed inthe plant.

(11) Failure of the council to comply withthe deadlines set forth in subsection (9) or(10) of this section shall not result in the



automatic issuance or denial of a site certif-icate.

(12) The council shall specify in the sitecertificate a date by which construction ofthe facility must begin.

(13) For a facility that is subject to andhas been or will be reviewed by a federalagency under the National EnvironmentalPolicy Act, 42 U.S.C. Section 4321, et seq.,the council shall conduct its site certificatereview, to the maximum extent feasible, in amanner that is consistent with and does notduplicate the federal agency review. Suchcoordination shall include, but need not belimited to:

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

(b) Council use of information generatedand documents prepared for the federalagency review;

(c) Development with the federal agencyand reliance on a joint record to address ap-plicable council standards;

(d) Whenever feasible, joint hearings andissuance of a site certificate decision in atime frame consistent with the federalagency review; and

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

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

469.372 [1985 c.569 §14; 1985 c.673 §196; repealed by1993 c.544 §9]

469.373 Expedited processing for cer-tain natural gas energy facilities. (1) Not-withstanding the expedited review processestablished pursuant to ORS 469.370, an ap-plicant may apply under the provisions ofthis section for expedited review of an appli-cation for a site certificate for an energy fa-cility if the energy facility:

(a) Is a combustion turbine energy facil-ity fueled by natural gas or is a reciprocatingengine fueled by natural gas, including anenergy facility that uses petroleum distillatefuels for backup power generation;

(b) Is a permitted or conditional use al-lowed under an applicable local acknowl-edged comprehensive plan, land useregulation or federal land use plan, and islocated:

(A) At or adjacent to an existing energyfacility; or

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

(ii) In an area currently zoned or desig-nated for industrial use;

(c)(A) Requires no more than three milesof associated transmission lines or threemiles of new natural gas pipelines outside ofexisting rights of way for transmission linesor natural gas pipelines; or

(B) Imposes, in the determination of theEnergy Facility Siting Council, no significantimpact in the locating of associated trans-mission lines or new natural gas pipelinesoutside of existing rights of way;

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

(e) Provides funds to a qualified organ-ization in an amount determined by thecouncil to be sufficient to produce any re-quired reduction in carbon dioxide emissionsas specified in ORS 469.503 (2)(c)(C) and inrules adopted under ORS 469.503 for the totalcarbon dioxide emissions produced by theenergy facility for the life of the energy fa-cility; and

(f)(A) Discharges process wastewater toa wastewater treatment facility that has anexisting National Pollutant Discharge Elimi-nation System permit, can obtain an indus-trial pretreatment permit, if needed, withinthe expedited review process time frame andhas written confirmation from the wastewa-ter facility permit holder that the additionalwastewater load will be accommodated bythe facility without resulting in a significantthermal increase in the facility effluent orwithout requiring any changes to the waste-water facility National Pollutant DischargeElimination System permit;

(B) Plans to discharge process wastewa-ter to a wastewater treatment facility ownedby a municipal corporation that will accom-modate the wastewater from the energy fa-cility and supplies evidence from themunicipal corporation that:

(i) The municipal corporation has in-cluded, or intends to include, the processwastewater load from the energy facility inan application for a National Pollutant Dis-charge Elimination System permit; and

(ii) All conditions required of the energyfacility to allow the discharge of processwastewater from the energy facility will besatisfied; or

(C) Obtains a National Pollutant Dis-charge Elimination System or water pol-lution control facility permit for processwastewater disposal, supplies evidence tosupport a finding that the discharge canlikely be permitted within the expedited re-view process time frame and that the dis-charge will not require:



(i) A new National Pollutant DischargeElimination System permit, except for astorm water general permit for constructionactivities; or

(ii) A change in any effluent limit or dis-charge location under an existing NationalPollutant Discharge Elimination System orwater pollution control facility permit.

(2) An applicant seeking expedited reviewunder this section shall submit documenta-tion to the State Department of Energy, priorto the submission of an application for a sitecertificate, that demonstrates that the energyfacility meets the qualifications set forth insubsection (1) of this section. The departmentshall determine, within 14 days of receipt ofthe documentation, on a preliminary, non-binding basis, whether the energy facilityqualifies for expedited review.

(3) If the department determines that theenergy facility preliminarily qualifies for ex-pedited review, the applicant may submit anapplication for expedited review. Within 30days after the date that the application forexpedited review is submitted, the depart-ment shall determine whether the applicationis complete. If the department determinesthat the application is complete, the applica-tion shall be deemed filed on the date thatthe department sends the applicant notice ofits determination. If the department deter-mines that the application is not complete,the department shall notify the applicant ofthe deficiencies in the application and shalldeem the application filed on the date thatthe department determines that the applica-tion is complete. The department or thecouncil may request additional informationfrom the applicant at any time.

(4) The State Department of Energy shallsend a copy of a filed application to the De-partment of Environmental Quality, the Wa-ter Resources Department, the StateDepartment of Fish and Wildlife, the StateDepartment of Geology and Mineral Indus-tries, the State Department of Agriculture,the Department of Land Conservation andDevelopment, the Public Utility Commissionand any other state agency, city, county orpolitical subdivision of the state that hasregulatory or advisory responsibility with re-spect to the proposed energy facility. TheState Department of Energy shall send withthe copy of the filed application a noticespecifying that:

(a) In the event the council issues a sitecertificate for the energy facility, the sitecertificate will bind the state and all coun-ties, cities and political subdivisions in thestate as to the approval of the site, the con-struction of the energy facility and the oper-ation of the energy facility, and that afterthe issuance of a site certificate, all permits,

licenses and certificates addressed in the sitecertificate must be issued as required byORS 469.401 (3); and

(b) The comments and recommendationsof state agencies, counties, cities and poli-tical subdivisions concerning whether theproposed energy facility complies with anystatute, rule or local ordinance that the stateagency, county, city or political subdivisionwould normally administer in determiningwhether a permit, license or certificate re-quired for the construction or operation ofthe energy facility should be approved willbe considered only if the comments and rec-ommendations are received by the depart-ment within a reasonable time after the datethe application and notice of the applicationare sent by the department.

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

(a) A description of the proposed energyfacility;

(b) A list of the permits, licenses andcertificates that are addressed in the appli-cation and that are required for the con-struction or operation of the proposed energyfacility;

(c) A list of the statutes, rules and localordinances that are the standards and crite-ria for approval of any permit, license orcertificate addressed in the application andthat are required for the construction or op-eration of the proposed energy facility; and

(d) Proposed findings specifying how theproposed energy facility complies with theapplicable standards and criteria for approvalof a site certificate.

(6) The council shall review the applica-tion for site certification in the manner setforth in subsections (7) to (10) of this sectionand shall issue a site certificate for the fa-cility if the council determines that the fa-cility, with any required conditions to thesite certificate, will comply with:

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

(b) The standards adopted by the councilpursuant 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 applica-tion for a site certificate, the council shallhold a public informational meeting on theapplication. Following the issuance of theproposed order, the council shall hold atleast one public hearing on the application.The public hearing shall be held in the area



affected by the energy facility. The councilshall mail notice of the hearing at least 20days prior to the hearing. The notice shallcomply with the notice requirements of ORS197.763 (2) and shall include, but need not belimited to, the following:

(a) A description of the energy facilityand the general location of the energy facil-ity;

(b) The name of a department represen-tative to contact and the telephone numberat which people may obtain additional infor-mation;

(c) A statement that copies of the appli-cation and proposed order are available forinspection at no cost and will be provided atreasonable cost; and

(d) A statement that the record for publiccomment on the application will close at theconclusion of the hearing and that failure toraise an issue in person or in writing priorto the close of the record, with sufficientspecificity to afford the decision maker anopportunity to respond to the issue, will pre-clude consideration of the issue, by thecouncil or by a court on judicial review ofthe council′s decision.

(8) Prior to the conclusion of the hearing,the applicant may request an opportunity topresent additional written evidence, argu-ments or testimony regarding the applica-tion. In the alternative, prior to theconclusion of the hearing, the applicant mayrequest a contested case hearing on the ap-plication. If the applicant requests an oppor-tunity to present written evidence,arguments or testimony, the council shallleave the record open for that purpose onlyfor a period not to exceed 14 days after thedate of the hearing. Following the close ofthe record, the department shall prepare adraft final order for the council. If the appli-cant requests a contested case hearing, thecouncil may grant the request if the appli-cant has shown good cause for a contestedcase hearing. If a request for a contestedcase hearing is granted, subsections (9) to(11) of this section do not apply, and the ap-plication shall be considered under the samecontested case procedures used for a nonex-pedited application for a site certificate.

(9) The council shall make its decisionbased on the record and the draft final orderprepared by the department. The councilshall, within six months of the date that theapplication is deemed filed:

(a) Grant the application;(b) Grant the application with conditions;(c) Deny the application; or

(d) Return the application to the sitecertification process required by ORS469.320.

(10) If the application is granted, thecouncil shall issue a site certificate pursuantto ORS 469.401 and 469.402. Notwithstand-ing subsection (6) of this section, the councilmay impose conditions based on standardsadopted under ORS 469.501 (1)(b), (f) and (i)to (k), but may not deny an application basedon those standards.

(11) Judicial review of the approval orrejection of a site certificate by the councilunder this section shall be as provided inORS 469.403. [2001 c.683 §15]

Note: 469.373 was added to and made a part of469.300 to 469.563 by legislative action but was notadded to any smaller series therein. See Preface to Or-egon Revised Statutes for further explanation.

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

469.375 Required findings for radioac-tive waste disposal facility certificate.The Energy Facility Siting Council shall notissue a site certificate for a waste disposalfacility for uranium mine overburden or ura-nium mill tailings, mill wastes or mill by-product or for radioactive waste orradioactively contaminated containers or re-ceptacles 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 fordisposal at the site;

(b) Not located in or adjacent to:(A) An area determined to be potentially

subject to river or creek erosion within thelifetime of the facility;

(B) Within the 500-year floodplain of ariver, taking into consideration the area de-termined to be potentially subject to river orcreek erosion within the lifetime of the fa-cility;

(C) An active fault or an active faultzone;

(D) An area of ancient, recent or activemass movement including land sliding, flowor 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 tech-

nology and no available alternative site fordisposal of such wastes that would betterprotect the health, safety and welfare of thepublic and the environment;

(3) The disposal of such wastes and theamount of the wastes, at the site will becompatible with the regulatory programs of



federal government for disposal of suchwastes;

(4) The disposal of such wastes, and theamount of the wastes, at the site will be co-ordinated with the regulatory programs ofadjacent states for disposal of such wastes;

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

(6) That suitable deed restrictions havebeen placed on the site recognizing the haz-ard of the material; and

(7) That, where federal funding for reme-dial actions is not available, a surety bond inthe name of the state has been provided inan amount determined by the State Depart-ment of Energy to be sufficient to cover anycosts of closing the site and monitoring it orproviding for its security after closure and tosecure performance of any site certificateconditions. The bond may be withdrawnwhen the council finds that:

(a) The radioactive waste has been dis-posed of at a waste disposal facility forwhich a site certificate has been issued; and

(b) A fee has been paid to the State ofOregon sufficient for monitoring the site af-ter closure.

(8) If any section, portion, clause orphrase of this section is for any reason heldto be invalid or unconstitutional the remain-ing sections, portions, clauses and phrasesshall not be affected but shall remain in fullforce or effect, and to this end the provisionsof this section are severable. [Formerly 459.625;1979 c.283 §3; 1981 c.587 §3; 1985 c.4]

469.378 Land use compatibility state-ment for energy facility. NotwithstandingORS 197.180, when a state agency action orrecommendation concerning an energy facil-ity requires a land use compatibility state-ment prior to the action being completed, thestate agency shall satisfy any applicable re-quirement of ORS 197.180 by conditioningthe agency action or recommendation on adetermination by either the Energy FacilitySiting Council or the applicable city orcounty that the energy facility as affected bythe state agency action satisfies, or will con-tinue to satisfy, the applicable requirementsof ORS 197.180. [2001 c.683 §17]


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 en-acted in lieu of 469.400)]

469.401 Energy facility site certificate;conditions; effect of issuance on stateand local government agencies. (1) Uponapproval, the site certificate or any amendedsite certificate with any conditions pre-scribed by the Energy Facility Siting Councilshall be executed by the chairperson of thecouncil and by the applicant. The certificateor amended certificate shall authorize theapplicant to construct, operate and retire thefacility subject to the conditions set forth inthe site certificate or amended site certif-icate. The duration of the site certificate oramended site certificate shall be the life ofthe facility.

(2) The site certificate or amended sitecertificate shall contain conditions for theprotection of the public health and safety, forthe time for completion of construction, andto ensure compliance with the standards,statutes and rules described in ORS 469.501and 469.503. The site certificate or amendedsite certificate shall require both parties toabide by local ordinances and state law andthe rules of the council in effect on the datethe site certificate or amended site certif-icate is executed, except that upon a clearshowing of a significant threat to the publichealth, safety or the environment that re-quires application of later-adopted laws orrules, the council may require compliancewith such later-adopted laws or rules. For apermit addressed in the site certificate oramended site certificate, the site certificateor amended site certificate shall provide forfacility compliance with applicable state andfederal laws adopted in the future to the ex-tent that such compliance is required underthe respective state agency statutes andrules.

(3) Subject to the conditions set forth inthe site certificate or amended site certif-icate, any certificate or amended certificatesigned by the chairperson of the councilshall bind the state and all counties and cit-ies and political subdivisions in this state asto the approval of the site and the construc-tion and operation of the facility. After issu-ance of the site certificate or amended sitecertificate, any affected state agency, county,city and political subdivision shall, uponsubmission by the applicant of the properapplications and payment of the proper fees,but without hearings or other proceedings,promptly issue the permits, licenses and cer-tificates addressed in the site certificate oramended site certificate, subject only to con-ditions set forth in the site certificate oramended site certificate. After the site cer-tificate or amended site certificate is issued,the only issue to be decided in an adminis-trative or judicial review of a state agencyor local government permit for which com-pliance with governing law was considered



and determined in the site certificate oramended site certificate proceeding shall bewhether the permit is consistent with theterms of the site certificate or amended sitecertificate. Each state or local governmentagency that issues a permit, license or cer-tificate shall continue to exercise enforce-ment authority over the permit, license orcertificate.

(4) Nothing in ORS chapter 469 shall beconstrued to preempt the jurisdiction of anystate agency or local government over mat-ters that are not included in and governedby the site certificate or amended site certif-icate. Such matters include but are not lim-ited to employee health and safety, buildingcode compliance, wage and hour or other la-bor regulations, local government fees andcharges or other design or operational issuesthat do not relate to siting the facility. [1993c.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 futureaction required by site certificate. If theEnergy Facility Siting Council elects to im-pose conditions on a site certificate or anamended site certificate, that require subse-quent review and approval of a future action,the council may delegate the future reviewand approval to the State Department of En-ergy if, in the council′s discretion, the deleg-ation is warranted under the circumstancesof the case. [1995 c.505 §27; 1999 c.385 §3]


469.403 Rehearing on approval or re-jection of application for site certificateor amendment; appeal; judicial reviewvested in Supreme Court; stay of order.(1) Any party to a contested case proceedingmay apply for rehearing within 30 days fromthe date the approval or rejection is served.The date of service shall be the date onwhich the Energy Facility Siting Council de-livered or mailed its approval or rejection inaccordance with ORS 183.470. The applica-tion for rehearing shall set forth specificallythe ground upon which the application isbased. No objection to the council′s approvalor rejection of an application for a site cer-tificate or a site certificate amendment shallbe considered on rehearing without goodcause shown unless the basis for the ob-jection is urged with reasonable specificitybefore the council in the site certificate oramended site certificate process. Upon suchapplication, the council shall have the powerto grant or deny rehearing or to abrogate ormodify its order without further hearing.Unless the council acts upon the applicationfor rehearing within 30 days after the appli-cation is filed, the application shall be con-

sidered denied. The filing of an applicationfor rehearing shall not, unless specificallyordered by the council, operate as a stay ofthe site certificate or amended site certif-icate for the facility.

(2) Any party to a contested case pro-ceeding on a site certificate or amended sitecertificate application may appeal the coun-cil′s approval or rejection of the site certif-icate or amended site certificate application.Issues on appeal shall be limited to thoseraised by the parties to the contested caseproceeding before the council.

(3) Jurisdiction for judicial review of thecouncil′s approval or rejection of an applica-tion for a site certificate or amended sitecertificate is conferred upon the SupremeCourt. Proceedings for review shall be in-stituted by filing a petition in the SupremeCourt. The petition shall be filed within 60days after the date of service of the council′sfinal order or within 30 days after the datethe petition for rehearing is denied ordeemed denied. Date of service shall be thedate on which the council delivered ormailed its order in accordance with ORS183.470.

(4) The filing of a petition for judicialreview may not stay the order, except that aparty to the contested case may apply to theSupreme Court for a stay upon a showingthat there is a colorable claim of error andthat:

(a) The petitioner will suffer irreparableinjury; or

(b) Construction of the energy facilitywill result in irreparable harm to resourcesprotected by applicable council standards orapplicable agency or local government stan-dards.

(5) If the Supreme Court grants a staypursuant to subsection (4) of this section, thecourt:

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

(b) May grant a stay in whole or in part.(c) May impose other reasonable condi-

tions on the stay.(6) Except as otherwise provided in ORS

469.320 and this section, the review by theSupreme Court shall be the same as the re-view by the Court of Appeals described inORS 183.482. The Supreme Court shall givepriority on its docket to such a petition forreview and shall render a decision within sixmonths of the filing of the petition for re-view.

(7) The following periods of delay shallbe excluded from the six-month period within



which the court must render a decision un-der subsection (6) of this section:

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

(b) Any reasonable period of delay re-sulting from a continuance granted by thecourt on the court′s own motion or at therequest of one of the parties, if the courtgranted the continuance on the basis offindings that the ends of justice served bygranting the continuance outweigh the bestinterests of the public and the other partiesin having a decision within six months.

(8) No period of delay resulting from acontinuance granted by the Supreme Courtunder subsection (7)(b) of this section shallbe excluded from the six-month period unlessthe court sets forth, in the record, eitherorally or in writing, its reasons for findingthat the ends of justice served by grantingthe continuance outweigh the best interestsof the public and the other parties in havinga decision within six months. The factors thecourt shall consider in determining whetherto grant a continuance under subsection(7)(b) of this section are:

(a) Whether the failure to grant a con-tinuance in the proceeding would be likelyto make a continuation of the proceedingimpossible or result in a miscarriage of jus-tice; or

(b) Whether the case is so unusual or socomplex, due to the number of parties in-volved or the existence of novel questions offact or law, that it is unreasonable to expectadequate consideration of the issues withinthe six-month period.

(9) No continuance under subsection(7)(b) of this section shall be granted becauseof general congestion of the court calendaror lack of diligent preparation or attentionto the case by any member of the court orany party. [1993 c.569 §12 (469.401 and 469.403 enactedin 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) Asite certificate may be amended with the ap-proval of the Energy Facility Siting Council.The council may establish by rule the typeof amendment that must be considered in acontested case proceeding. Judicial review ofan amendment to a site certificate shall beas provided in ORS 469.403.

(2) Notwithstanding ORS 34.020 or197.825, or any other provision of law, theland use approval by an affected local gov-ernment of a proposed amendment to a facil-ity and the recommendation of the specialadvisory group of applicable substantive cri-teria shall be subject to judicial review only

as provided in ORS 469.403. If the applicantelects to show compliance with the statewideplanning goals by demonstrating that the fa-cility has received local land use approval,the provisions of this section shall apply onlyto proposed projects for which the land useapproval by the local government occurs af-ter the date an application for amendment issubmitted to the State Department of En-ergy.

(3) An amendment to a site certificate isnot required for a pipeline less than 16inches in diameter and less than five milesin length that is proposed to be constructedto test or maintain an underground gas stor-age reservoir. If the proposed pipeline willconnect to a council certified surface facilityrelated to an underground gas storage reser-voir or to a council certified gas pipeline,whether the proposed pipeline is to be lo-cated inside or outside the site of a councilcertified facility, the certificate holder mustobtain, prior to construction, the approval ofthe department for the construction, opera-tion and retirement of the proposed pipeline.The department shall approve such a pro-posed pipeline if the pipeline meets applica-ble council substantive standards.Notwithstanding ORS 469.503 (3), the depart-ment may not review the proposed pipelinefor compliance with other state standards.Notwithstanding ORS 469.503 (4), or anycouncil rule addressing compliance with landuse standards, the department shall not re-view such a proposed pipeline for compliancewith land use requirements. NotwithstandingORS 469.401 (3), the approval by the depart-ment of such pipeline shall not bind anystate or local agency. The council may adoptappropriate procedural rules for the depart-ment review. The department shall issue anorder approving or rejecting the proposedpipeline. Judicial review of a department or-der under this section shall be as provided inORS 469.403. [1995 c.505 §2; 1999 c.385 §5]


469.407 Amendment of application toincrease capacity of facility. (1) A recipi-ent may by amendment of its application fora site certificate or by amendment of its sitecertificate increase the capacity of the facil-ity if the Energy Facility Siting Council findsthat:

(a) The facility will satisfy the conditionsof the 500-megawatt exemption, unless modi-fied by the council;

(b) The enlarged facility does not exceed500 megawatts and meets the applicable car-bon dioxide standard provided for in ORS469.503 (2) for any increase in capacity be-



yond the capacity of the 500-megawatt ex-emption; and

(c) The enlarged facility meets all otherapplicable council standards.

(2) A recipient is deemed to meet anyapplicable need standard and carbon dioxideemissions standard for the nominal generat-ing capacity of the 500-megawatt exemptionprovided that the recipient satisfies the con-ditions of the 500-megawatt exemption, un-less 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, determinedby the council to have the lowest netmonetized air emissions among the appli-cants participating in a contested case pro-ceeding.

(b) “500-megawatt exemption” means thecouncil order in which a recipient was de-termined to have the lowest net monetizedair emissions. [1997 c.428 §8]

Note: 469.407 and 469.409 were added to and madea part of 469.300 to 469.563 by legislative action butwere not added to any smaller series therein. See Pre-face to Oregon Revised Statutes for further explanation.

469.409 Amendment of site certificateto demonstrate compliance with carbondioxide emissions standard; binding arbi-tration to resolve disputes. Any site cer-tificate holder that is required by its sitecertificate or by law to demonstrate need forthe facility shall instead demonstrate com-pliance with the carbon dioxide emissionsstandard applicable to the type of facilitysubject to the site certificate before begin-ning construction. Such a demonstrationshall be made as an amendment to the sitecertificate. Notwithstanding ORS 469.405 orany council rule, if the site certificate holderproceeds pursuant to ORS 469.503 (2)(c)(A)or (C), or both, the Energy Facility SitingCouncil shall not conduct a contested casehearing on such amendment and the coun-cil′s order shall not be subject to judicial re-view. Any dispute about the site certificateholder′s demonstration of compliance withthe applicable carbon dioxide emissions stan-dard shall be settled through binding arbi-tration. [1997 c.428 §7]


469.410 Energy facility site certificateapplications filed or under constructionprior to July 2, 1975; conditions of sitecertificate; monitoring programs. (1) Anyapplicant for a site certificate for an energyfacility shall be deemed to have met all therequirements of ORS 176.820, 192.501 to192.505, 192.690, 469.010 to 469.225, 469.300 to469.563, 469.990, 757.710 and 757.720 relatingto eligibility for a site certificate and a site

certificate shall be issued by the Energy Fa-cility Siting Council for:

(a) Any transmission lines for which ap-plication has been filed with the federal gov-ernment and the Public Utility Commissionof Oregon prior to July 2, 1975; and

(b) Any energy facility under construc-tion on July 2, 1975.

(2) Each applicant for a site certificateunder this section shall pay the fees requiredby ORS 469.421 (2) to (9), if applicable, andshall execute a site certificate in which theapplicant agrees:

(a) To abide by the conditions of all li-censes, permits and certificates required bythe State of Oregon or any subdivision in thestate to operate the energy facility and is-sued prior to July 2, 1975; and

(b) On and after July 2, 1975, to abide bythe rules of the Director of the State De-partment of Energy adopted pursuant to ORS469.040 (1)(d) and rules of the counciladopted pursuant to ORS 469.300 to 469.563,469.590 to 469.619 and 469.930.

(3) The council has continuing authorityover the site for which the site certificate isissued and may inspect, or direct the StateDepartment of Energy to inspect, or requestanother state agency or local government toinspect, the site at any time in order to en-sure that the facility is being operated con-sistently with the terms and conditions ofthe site certificate and any applicable healthor safety standards.

(4) The council shall establish programsfor monitoring the environmental and eco-logical effects of the operation and the de-commissioning of energy facilities subject tosite certificates issued prior to July 2, 1975,to ensure continued compliance with theterms and conditions of the site certificateand any applicable health or safety stan-dards.

(5) Site certificates executed by the Gov-ernor under ORS 469.400 (1991 Edition) priorto July 2, 1975, shall bind successor agenciescreated hereunder in accordance with theterms of such site certificates. Any holder ofa site certificate issued prior to July 2, 1975,shall abide by the rules of the directoradopted pursuant to ORS 469.040 (1)(d) andrules of the council adopted pursuant to ORS469.300 to 469.563, 469.590 to 469.619, 469.930and 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 en-acted in lieu of 469.420)]

469.421 Fees; exemptions; assessmentof 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, arequest for an expedited review under ORS469.370, a request for an expedited reviewunder ORS 469.373, a request for the StateDepartment of Energy to approve a pipelineunder ORS 469.405 (3), an application for asite certificate or a request to amend a sitecertificate shall pay all expenses incurred bythe Energy Facility Siting Council, the StateDepartment of Energy and the Oregon De-partment of Administrative Services relatedto the review and decision of the council.These expenses may include legal expenses,expenses incurred in processing and evaluat-ing the application, issuing a final order orsite certificate, commissioning an independ-ent study by a contractor, state agency orlocal government under ORS 469.360, andchanges to the rules of the council that arespecifically required and related to the par-ticular site certificate.

(2) Every person submitting a notice ofintent to file for a site certificate, a requestfor exemption or a request for expedited re-view shall submit the fee required under thefee schedule established under ORS 469.441to the State Department of Energy when thenotice or request is submitted to the council.To the extent possible, the full cost of theevaluation shall be paid from the fee paidunder this subsection. However, if costs ofthe evaluation exceed the fee, the personsubmitting the notice or request shall payany excess costs shown in an itemized state-ment prepared by the council. In no eventshall the council incur evaluation expensesin excess of 110 percent of the fee initiallypaid unless the council provides prior notifi-cation to the applicant and a detailed proj-ected budget the council believes necessaryto complete the project. If costs are less thanthe fee paid, the excess shall be refunded tothe person submitting the notice or request.

(3) Before submitting a site certificateapplication, the applicant shall request fromthe State Department of Energy an estimateof the costs expected to be incurred in pro-cessing the application. The department shallinform the applicant of that amount and re-quire the applicant to make periodic pay-ments of such costs pursuant to a costreimbursement agreement. The cost re-imbursement agreement shall provide forpayment of 25 percent of the estimated costswhen the applicant submits the application.If costs of the evaluation exceed the esti-mate, the applicant shall pay any excesscosts shown in an itemized statement pre-pared by the council. In no event shall thecouncil incur evaluation expenses in excessof 110 percent of the fee initially estimatedunless the council provided prior notificationto the applicant and a detailed projectedbudget the council believes is necessary to

complete the project. If costs are less thanthe fee paid, the council shall refund the ex-cess to the applicant.

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

(5) Subject to the provisions of ORS469.441, each holder of a certificate shall payan annual fee, due every July 1 following is-suance of a site certificate. For each fiscalyear, upon approval of the State Departmentof Energy′s budget authorization by a regularsession of the Legislative Assembly or as re-vised by the Emergency Board, the Directorof the State Department of Energy promptlyshall enter an order establishing an annualfee based on the amount of revenues that thedirector estimates is needed to fund the costof ensuring that the facility is being operatedconsistently with the terms and conditionsof the site certificate, any order issued bythe department under ORS 469.405 (3) andany applicable health or safety standards. Indetermining this cost, the director shall in-clude both the actual direct cost to be in-curred by the council, the State Departmentof Energy and the Oregon Department ofAdministrative Services to ensure that thefacility is being operated consistently withthe terms and conditions of the site certif-icate, any order issued by the State Depart-ment of Energy under ORS 469.405 (3) andany applicable health or safety standards,and the general costs to be incurred by thecouncil, the State Department of Energy andthe Oregon Department of AdministrativeServices to ensure that all certificated facili-ties are being operated consistently with theterms and conditions of the site certificates,any orders issued by the State Departmentof Energy under ORS 469.405 (3) and any ap-plicable health or safety standards that can-not be allocated to an individual, licensedfacility. Not more than 35 percent of the an-nual fee charged each facility shall be for therecovery of these general costs. The fees fordirect costs shall reflect the size and com-plexity of the facility and its certificate con-ditions.

(6) Each holder of a site certificate exe-cuted after July 1 of any fiscal year shall paya fee for the remaining portion of the year.The amount of the fee shall be set at the costof regulating the facility during the remain-ing portion of the year determined in thesame manner as the annual fee.

(7) When the actual costs of regulationincurred by the council, the State Depart-ment of Energy and the Oregon Departmentof Administrative Services for the year, in-cluding that portion of the general regulationcosts that have been allocated to a particular



facility, are less than the annual fees for thatfacility, the unexpended balance shall be re-funded to the site certificate holder. Whenthe actual regulation costs incurred by thecouncil, the State Department of Energy andthe Oregon Department of AdministrativeServices for the year, including that portionof the general regulation costs that havebeen allocated to a particular facility, areprojected to exceed the annual fee for thatfacility, the Director of the State Departmentof Energy may issue an order revising theannual fee.

(8) In addition to any other fees requiredby law, each energy resource supplier shallpay to the State Department of Energy an-nually its share of an assessment to fund theactivities of the Energy Facility SitingCouncil, the Oregon Department of Adminis-trative Services and the State Department ofEnergy, determined by the Director of theState Department of Energy in the followingmanner:

(a) Upon approval of the budget authori-zation of the Energy Facility Siting Council,the Oregon Department of AdministrativeServices and the State Department of Energyby a regular session of the Legislative As-sembly, the Director of the State Departmentof Energy shall promptly enter an order es-tablishing the amount of revenues requiredto be derived from an assessment pursuantto this subsection in order to fund the activ-ities of the Energy Facility Siting Council,the Oregon Department of AdministrativeServices and the State Department of En-ergy, including those enumerated in ORS469.030 and others authorized by law, for thefirst fiscal year of the forthcoming biennium.On or before June 1 of each even-numberedyear, the Director of the State Departmentof Energy shall enter an order establishingthe amount of revenues required to be de-rived from an assessment pursuant to thissubsection in order to fund the activities ofthe Energy Facility Siting Council, the Ore-gon Department of Administrative Servicesand the State Department of Energy, includ-ing those enumerated in ORS 469.030 andothers authorized by law, for the second fis-cal year of the biennium which order shalltake into account any revisions to the bien-nial budget of the Energy Facility SitingCouncil, the State Department of Energy andthe Oregon Department of AdministrativeServices made by the Emergency Board orby a special session of the Legislative As-sembly subsequent to the most recently con-cluded regular session of the LegislativeAssembly.

(b) Each order issued by the directorpursuant to paragraph (a) of this subsection

shall allocate the aggregate assessment setforth therein to energy resource suppliers inaccordance with paragraph (c) of this sub-section.

(c) The amount assessed to an energy re-source supplier shall be based on the ratiowhich that supplier′s annual gross operatingrevenue derived within this state in the pre-ceding calendar year bears to the total grossoperating revenue derived within this stateduring that year by all energy resource sup-pliers. The assessment against an energy re-source supplier shall not exceed five-tenthsof one percent of the supplier′s gross operat-ing revenue derived within this state in thepreceding calendar year. The director shallexempt from payment of an assessment anyindividual energy resource supplier whosecalculated share of the annual assessment isless than $250.

(d) The director shall send each energyresource supplier subject to assessment pur-suant to this subsection a copy of each orderissued, by registered or certified mail. Theamount assessed to the energy resource sup-plier pursuant to the order shall be consid-ered to the extent otherwise permitted bylaw a government-imposed cost and recover-able by the energy resource supplier as acost included within the price of the serviceor product supplied.

(e) The amounts assessed to individualenergy resource suppliers pursuant to para-graph (c) of this subsection shall be paid tothe State Department of Energy as follows:

(A) Amounts assessed for the first fiscalyear of a biennium shall be paid not laterthan 90 days following the close of the regu-lar session of the Legislative Assembly; and

(B) Amounts assessed for the second fis-cal year of a biennium shall be paid not laterthan July 1 of each even-numbered year.

(f) An energy resource supplier shallprovide the director, on or before May 1 ofeach year, a verified statement showing itsgross operating revenues derived within thestate for the preceding calendar year. Thestatement shall be in the form prescribed bythe director and is subject to audit by thedirector. The statement shall include anentry showing the total operating revenuederived by petroleum suppliers from fuelssold that are subject to the requirements ofsection 3, Article IX of the Oregon Constitu-tion, ORS 319.020 with reference to aircraftfuel and motor vehicle fuel, and ORS 319.530.The director may grant an extension of notmore than 15 days for the requirements ofthis subsection if:

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



(B) The energy supplier provides reason-able assurance that the energy supplier cancomply with the revised deadline; and

(C) The extension of time does not pre-vent the Energy Facility Siting Council, theOregon Department of Administrative Ser-vices or the State Department of Energyfrom fulfilling their statutory responsibilities.

(g) As used in this section:(A) “Energy resource supplier” means an

electric utility, natural gas utility or petro-leum supplier supplying electricity, naturalgas or petroleum products in Oregon.

(B) “Gross operating revenue” meansgross receipts from sales or service made orprovided within this state during the regularcourse of the energy supplier′s business, butdoes not include either revenue derived frominterutility sales within the state or revenuereceived by a petroleum supplier from thesale of fuels that are subject to the require-ments of section 3, Article IX of the OregonConstitution, ORS 319.020 or 319.530.

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

(h) In determining the amount of reven-ues that must be derived from any class ofenergy resource suppliers by assessment pur-suant to this subsection, the director shalltake into account all other known or readilyascertainable sources of revenue to the En-ergy Facility Siting Council, the Oregon De-partment of Administrative Services and theState Department of Energy, including, butnot limited to, fees imposed under this sec-tion and federal funds, and may take intoaccount any funds previously assessed pur-suant to ORS 469.420 (1979 ReplacementPart) or section 7, chapter 792, Oregon Laws1981.

(i) Orders issued by the director pursuantto this section shall be subject to judicialreview under ORS 183.484. The taking of ju-dicial review shall not operate to stay theobligation of an energy resource supplier topay amounts assessed to it on or before thestatutory deadline.

(9)(a) In addition to any other fees re-quired by law, each operator of a nuclear fu-eled thermal power plant or nuclearinstallation within this state shall pay to theState Department of Energy annually on July1, an assessment in an amount determinedby the director to be necessary to fund theactivities of the state and the counties asso-ciated with emergency preparedness for anuclear fueled thermal power plant or nu-clear installation. The assessment shall notexceed $461,250 per year. Moneys collectedas assessments under this subsection arecontinuously appropriated to the State De-partment of Energy for this purpose.

(b) The State Department of Energy shallmaintain and shall cause other state agen-cies and counties to maintain time and bill-ing records for the expenditure of any feescollected from an operator of a nuclear fu-eled thermal power plant under paragraph (a)of this subsection.

(10) Reactors operated by a college, uni-versity or graduate center for research pur-poses and electric utilities not connected tothe Northwest Power Grid are exempt fromthe fee requirements of subsections (5), (8)and (9) of this section.

(11)(a) All fees assessed by the directoragainst holders of site certificates for facili-ties that have an installed capacity of 500megawatts or greater may be paid in severalinstallments, the schedule for which shall benegotiated between the director and the sitecertificate holder.

(b) Energy resource suppliers or appli-cants or holders of a site certificate who failto pay a fee provided under subsections (1)to (9) of this section or the fees required un-der ORS 469.360 after it is due and payableshall pay, in addition to that fee, a penaltyof two percent of the fee a month for theperiod that the fee is past due. Any paymentmade according to the terms of a schedulenegotiated under paragraph (a) of this sub-section shall not be considered past due. Thedirector may bring an action to collect anunpaid fee or penalty in the name of theState of Oregon in a court of competent ju-risdiction. The court may award reasonableattorney fees to the director if the directorprevails in an action under this subsection.The court may award reasonable attorneyfees to a defendant who prevails in an actionunder this subsection if the court determinesthat the director had no objectively reason-able basis for asserting the claim or no rea-sonable basis for appealing an adversedecision of the trial court. [1981 c.792 §5 (enactedin 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; 1999c.385 §6; 2001 c.683 §13; 2003 c.186 §30]

469.430 Site inspections. The EnergyFacility Siting Council has continuing au-thority over the site for which the site cer-tificate is issued and may inspect, or directthe State Department of Energy to inspect,or request another state agency or localgovernment to inspect, the site at any timein order to assure that the facility is beingoperated consistently with the terms andconditions of the site certificate or any orderissued by the department under ORS 469.405(3). The council shall avoid duplication of ef-fort with site inspections by other state andfederal agencies and local governments thathave issued permits or licenses for the facil-



ity. [Formerly 453.415; 1993 c.569 §15; 1995 c.505 §16;1999 c.385 §7]

469.440 Grounds for revocation orsuspension of certificates. Pursuant to theprocedures for contested cases in ORS chap-ter 183, a site certificate or an amended sitecertificate may be revoked or suspended:

(1) For failure to comply with the termsor conditions of the site certificate oramended site certificate;

(2) For violation of the provisions of ORS469.525 to 469.563, 469.590 to 469.619, 469.930and 469.992 or rules adopted pursuant toORS 469.525 to 469.563, 469.590 to 469.619,469.930 and 469.992; or

(3) If the site certificate was executedprior to July 2, 1975, for violation of theprovisions of ORS 469.300 to 469.520 or rulesadopted pursuant to ORS 469.300 to 469.520or for failure to comply with applicablehealth 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 bythe Energy Facility Siting Council and theState Department of Energy under ORS469.360 (1) and 469.421 that are charged toor allocated to the fee paid by an applicantor the holder of a site certificate shall benecessary, just and reasonable. Upon request,the department or the council shall providea detailed justification for all charges to theapplicant or site certificate holder. Not laterthan January 1 of each odd-numbered year,the council by order shall establish a sched-ule of fees which those persons submitting anotice of intent, a request for an exemption,a request for a pipeline described in ORS469.405 (3) or a request for an expedited re-view must submit under ORS 469.421 at thetime of submitting the notice of intent, re-quest for exemption, request for pipeline orrequest for expedited review. The fee sched-ule shall be designed to recover the council′sactual costs of evaluating the notice of in-tent, request for exemption, request for pipe-line or request for expedited review subjectto any applicable expenditure limitation inthe council′s budget. Fees shall be basedupon actual, historical costs incurred by thecouncil and department to the extent histor-ical costs are available. The fees establishedby the schedule shall reflect the size andcomplexity of the project for which a noticeof intent, request for exemption, request forpipeline or request for expedited review issubmitted, whether the notice of intent, re-quest for exemption, request for pipeline orrequest for expedited review is for a new orexisting facility and other appropriate vari-ables having an effect on the expense ofevaluation.

(2) If a dispute arises regarding the ne-cessity or reasonableness of expensescharged to or allocated to the fee paid by anapplicant or site certificate holder, the appli-cant or holder may seek judicial review forthe amount of expenses charged or allocatedin circuit court as provided in ORS 183.480,183.484, 183.490 and 183.500. If the applicantor holder establishes that any of the chargesor allocations are unnecessary or unreason-able, the council or the department shall re-fund the amount found to be unnecessary orunreasonable. The applicant or holder shallnot waive the right to judicial review bypaying the portion of the fee or expense indispute. [1989 c.88 §8; 1993 c.569 §17; 1999 c.385 §9]

(High Voltage Transmission Lines)469.442 Procedure prior to construc-

tion of transmission line in excess of230,000 volts; review committee. (1) Anyperson who proposes to construct a trans-mission line in excess of 230,000 volts capac-ity that is not otherwise under thejurisdiction of the Energy Facility SitingCouncil shall:

(a) Give public notice of the proposedaction at least six months before beginningany process to obtain local permits requiredfor the proposed transmission line. Notifica-tion shall be given:

(A) By publication once a week for fourconsecutive weeks in a newspaper of generalcirculation in the county or counties inwhich the transmission line is to be con-structed; and

(B) To the governing bodies and planningdirectors of cities and counties which arewithin or partially within the project studyarea.

(b) Provide an opportunity for publiccomment on the proposed transmission lineand conduct public meetings to review theproposal.

(c) Respond specifically and in writing tolocal concerns and recommendations regard-ing the proposed transmission line.

(2) The Director of the State Departmentof Energy shall establish a committee to in-clude technical experts and members of thepublic to coordinate public review of a pro-posed transmission line under subsection (1)of this section when requested to do so byordinance or resolution of the affected gov-erning body.

(3) At the conclusion of the public re-view, the committee shall make a summaryreport to the affected governing body includ-ing public concerns and recommendationsconcerning the proposed transmission line.



(4) The scope of work and cost of con-ducting the review shall be negotiated be-tween the State Department of Energy andthe project sponsor. The negotiated cost shallbe paid by the project sponsor.

(5) Subsections (1) to (4) of this sectionshall not apply to a person who proposes toconstruct transmission lines entirely within500 feet of an existing corridor occupied bytransmission lines with a capacity in excessof 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; re-strictions. (1) There is established an En-ergy Facility Siting Council to be locatedwithin the Oregon Department of Adminis-trative Services and consisting of seven pub-lic members, who shall be appointed by theGovernor, subject to confirmation by theSenate in the manner prescribed in ORS171.562 and 171.565.

(2) The term of office of each member isfour years, but a member serves at thepleasure of the Governor. Before the expira-tion of the term of a member, the Governorshall appoint a successor whose term beginson July 1 next following. A member is eligi-ble for reappointment but no member shallserve more than two full terms. If there is avacancy for any cause, the Governor shallmake an appointment to become immediatelyeffective for the unexpired term.

(3) No member of the council shall be anemployee, director or retired employee or di-rector of or a consultant to or have anypecuniary interest, other than an incidentalinterest which is disclosed and made a mat-ter of public record at the time of the ap-pointment to the council, in any corporationor utility operating or interested in estab-lishing an energy facility in this state or inany manufacturer of related equipment.

(4) No member shall for two years afterthe expiration of the term of the member ac-cept employment with any owner or operatorof any energy facility that is subject to ORS469.300 to 469.563, 469.590 to 469.619, 469.930and 469.992.

(5) Employment of a person in violationof this section shall be grounds for revoca-tion of any license issued by this state or anyagency thereof and held by the owner or op-erator of the energy facility that employssuch person. [Formerly 453.435; 1995 c.551 §12]

469.460 Officers; meetings; compensa-tion and expenses. (1) The Energy FacilitySiting Council shall annually elect fromamong its members a chairperson and vicechairperson with such powers and duties as

the council imposes in accordance with ORS469.300 to 469.563, 469.590 to 469.619, 469.930and 469.992. The council may meet as oftenas it requires at a time and place determinedby the council. Five members constitute aquorum. The Governor or the chairperson ofthe council may call a special meeting, to beheld at any place in this state designated bythe person calling the meeting, upon 24hours′ notice to each member and to thepublic.

(2) Council members shall be entitled tocompensation and expenses as provided inORS 292.495. [Formerly 453.445]

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

(1) Conduct and prepare, independentlyor in cooperation with others, studies, inves-tigations, research and programs relating toall aspects of site selection.

(2) In accordance with the applicableprovisions of ORS chapter 183, and subjectto the provisions of ORS 469.501 (3), adoptstandards and rules to perform the functionsvested by law in the council including theadoption of standards and rules for the sitingof energy facilities pursuant to ORS 469.501,and implementation of the energy policy ofthe State of Oregon set forth in ORS 469.010and 469.310.

(3) Encourage voluntary cooperation bythe people, municipalities, counties, indus-tries, agriculture, and other pursuits, in per-forming the functions vested by law in thecouncil.

(4) Advise, consult, and cooperate withother agencies of the state, political subdi-visions, industries, other states, the federalgovernment and affected groups, in further-ance of the purposes of ORS 469.300 to469.563, 469.590 to 469.619, 469.930 and469.992.

(5) Consult with the Water ResourcesCommission on the need for power and otherareas within the expertise of the councilwhen the Water Resources Commission isdetermining whether to allocate water forhydroelectric development.

(6) Perform such other and further actsas may be necessary, proper or desirable tocarry out effectively the duties, powers andresponsibilities of the council described inORS 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 advisorygroup; special advisory groups; compen-sation and expenses; Electric and Mag-netic Field Committee; rules. (1) TheEnergy Facility Siting Council shall desig-nate as a special advisory group the govern-ing body of any local government within



whose jurisdiction the facility is proposed tobe located.

(2) In addition to advisory groups re-quired by subsection (1) of this section thecouncil may establish such special advisorygroups as are considered necessary. Such ad-visory groups shall include membership asdetermined by the council to represent in-terests and disciplines as needed to carry outthe responsibility assigned to such advisorygroups, which shall report findings, recom-mendations and decisions to the council.

(3) Subject to applicable laws regulatingtravel and other expenses of state officersand employees, members of any advisorycommittee appointed under subsection (1) ofthis section shall receive no compensationbut may receive their actual and necessarytravel and other expenses incurred in theperformance of their official duties.

(4) The council by rule shall form anElectric and Magnetic Field Committeewhich shall meet at the call of the councilchair. The committee shall include repre-sentatives of the public, utilities, manufac-turers and state agencies. The committeeshall monitor information being developed onelectric and magnetic fields and report thecommittee′s findings to the council. Thecouncil shall report the findings of the Elec-tric and Magnetic Field Committee to theLegislative Assembly. [Formerly 453.475; 1991 c.491§1; 1993 c.569 §20; 1995 c.551 §17]

(Rules; Standards; Compliance)469.490 Adoption of rules; determi-

nation of validity. All rules adopted by theEnergy Facility Siting Council pursuant toORS 469.300 to 469.563, 469.590 to 469.619,469.930 and 469.992 shall be adopted in themanner required by ORS chapter 183. Thevalidity of any rule adopted by the councilmay be determined only upon a petition byany person to the Supreme Court. The peti-tion must be filed within 60 days after thedate the rule becomes effective under ORS183.355. The review by the Supreme Court ofthe validity of any rule adopted by the coun-cil shall otherwise be according to ORS183.400. The Supreme Court shall give prior-ity on its docket to such a petition for re-view. [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 lieuof 469.500 and 469.510)]

469.501 Energy facility siting, con-struction, operation and retirement stan-dards; exemptions. (1) The Energy FacilitySiting Council shall adopt standards for thesiting, construction, operation and retire-ment of facilities. The standards may addressbut need not be limited to the following sub-jects:

(a) The organizational, managerial andtechnical expertise of the applicant to con-struct and operate the proposed facility.

(b) Seismic hazards.(c) Areas designated for protection by the

state or federal government, including butnot limited to monuments, wilderness areas,wildlife refuges, scenic waterways and simi-lar areas.

(d) The financial ability and qualifica-tions of the applicant.

(e) Effects of the facility, taking into ac-count mitigation, on fish and wildlife, in-cluding threatened and endangered fish,wildlife or plant species.

(f) Impacts of the facility on historic,cultural or archaeological resources listedon, or determined by the State HistoricPreservation Officer to be eligible for listingon, the National Register of Historic Placesor the Oregon State Register of HistoricProperties.

(g) Protection of public health and safety,including necessary safety devices and pro-cedures.

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

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

(j) Reduction of solid waste and waste-water generation to the extent reasonablypracticable.

(k) Ability of the communities in the af-fected area to provide sewers and sewagetreatment, water, storm water drainage, solidwaste management, housing, traffic safety,police and fire protection, health care andschools.

(L) The need for proposed nongeneratingfacilities as defined in ORS 469.503, consist-ent with the state energy policy set forth inORS 469.010 and 469.310. The council mayconsider least-cost plans when adopting aneed standard or in determining whether anapplicable need standard has been met. Thecouncil shall not adopt a standard requiringa showing of need or cost-effectiveness forgenerating facilities as defined in ORS469.503.

(m) Compliance with the statewide plan-ning goals adopted by the Land Conservationand Development Commission as specified byORS 469.503.

(n) Soil protection.(o) For energy facilities that emit carbon

dioxide, the impacts of those emissions onclimate change. For fossil-fueled powerplants, as defined in ORS 469.503, the councilshall apply a standard as provided for byORS 469.503 (2).



(2) The council may adopt exemptionsfrom any need standard adopted under sub-section (1)(L) of this section if the exemptionis consistent with the state′s energy policyset forth in ORS 469.010 and 469.310.

(3) The council may issue a site certif-icate for a facility that does not meet one ormore of the standards adopted under subsec-tion (1) of this section if the council deter-mines that the overall public benefits of thefacility outweigh the damage to the re-sources protected by the standards the facil-ity does not meet.

(4) Notwithstanding subsection (1) of thissection, the council may not impose anystandard developed under subsection (1)(b),(f), (j) or (k) of this section to approve ordeny an application for an energy facilityproducing power from wind, solar or geo-thermal energy. However, the council may,to the extent it determines appropriate, applyany standards adopted under subsection(1)(b), (f), (j) or (k) of this section to imposeconditions on any site certificate issued forany energy facility. [1993 c.569 §22 (469.501, 469.503,469.505 and 469.507 enacted in lieu of 469.500 and469.510); 1995 c.505 §20; 1997 c.428 §3; 2001 c.134 §7]

469.503 Requirements for approval ofenergy facility site certificate; carbondioxide emissions standard; offset funds;use of offset funds by qualifying organ-ization; rules. In order to issue a site cer-tificate, the Energy Facility Siting Councilshall determine that the preponderance ofthe evidence on the record supports the fol-lowing conclusions:

(1) The facility complies with the stan-dards adopted by the council pursuant toORS 469.501 or the overall public benefits ofthe facility outweigh the damage to the re-sources protected by the standards the facil-ity does not meet.

(2) If the energy facility is a fossil-fueledpower plant, the energy facility complieswith any applicable carbon dioxide emissionsstandard adopted by the council or enactedby statute. Base load gas plants shall complywith the standard set forth in subsection(2)(a) of this section. Other fossil-fueledpower plants shall comply with any applica-ble standard adopted by the council by rulepursuant to subsection (2)(b) of this section.Subsections (2)(c) and (d) of this section pre-scribe the means by which an applicant maycomply with the applicable standard.

(a) The net carbon dioxide emissions rateof the proposed base load gas plant shall notexceed 0.70 pounds of carbon dioxide emis-sions per kilowatt hour of net electric poweroutput, with carbon dioxide emissions andnet electric power output measured on a newand clean basis. Notwithstanding the forego-ing, the council may by rule modify the car-

bon dioxide emissions standard for base loadgas plants if the council finds that the mostefficient stand-alone combined cycle, com-bustion turbine, natural gas-fired energy fa-cility that is commercially demonstrated andoperating in the United States has a net heatrate of less than 7,200 Btu per kilowatt hourhigher heating value adjusted to ISO condi-tions. In modifying the carbon dioxide emis-sion standard, the council shall determinethe rate of carbon dioxide emissions perkilowatt hour of net electric output of suchenergy facility, adjusted to ISO conditions,and reset the carbon dioxide emissions stan-dard at 17 percent below this rate.

(b) The council shall adopt carbondioxide emissions standards for other typesof fossil-fueled power plants. Such carbondioxide emissions standards shall be promul-gated by rule. In adopting or amending suchcarbon dioxide emissions standards, thecouncil shall consider and balance at leastthe following principles, the findings onwhich shall be contained in the rulemakingrecord:

(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, reducingor avoiding carbon dioxide emissions;

(F) Minimize transaction costs;(G) Include an alternative process that

separates decisions on the form and imple-mentation of offsets from the final decisionon granting a site certificate;

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

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

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

(K) Promote prompt implementation ofoffset projects;

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

(M) Promote reliability of the regionalelectric system.

(c) The council shall determine whetherthe applicable carbon dioxide emissions stan-dard is met by first determining the grosscarbon dioxide emissions that are reasonablylikely to result from the operation of theproposed energy facility. Such determinationshall be based on the proposed design of theenergy facility. The council shall adopt sitecertificate conditions to ensure that the pre-



dicted carbon dioxide emissions are not ex-ceeded on a new and clean basis. For anyremaining emissions reduction necessary tomeet the applicable standard, the applicantmay elect to use any of subparagraphs (A) to(D) of this paragraph, or any combinationthereof. The council shall determine theamount of carbon dioxide emissions re-duction that is reasonably likely to resultfrom the applicant′s offsets and whether theresulting net carbon dioxide emissions meetthe applicable carbon dioxide emissions stan-dard. If the council or a court on judicialreview concludes that the applicant has notdemonstrated compliance with the applicablecarbon dioxide emissions standard undersubparagraphs (A), (B) or (D) of this para-graph, or any combination thereof, and theapplicant has agreed to meet the require-ments of subparagraph (C) of this paragraphfor any deficiency, the council or a courtshall find compliance based on such agree-ment.

(A) The facility will sequentially produceelectrical and thermal energy from the samefuel source, and the thermal energy will beused to displace another source of carbondioxide emissions that would have otherwisecontinued to occur, in which case the coun-cil shall adopt site certificate conditions en-suring that the carbon dioxide emissionsreduction will be achieved.

(B) The applicant or a third party willimplement particular offsets, in which casethe council may adopt site certificate condi-tions ensuring that the proposed offsets areimplemented but shall not require that pre-dicted levels of avoidance, displacement orsequestration of carbon dioxide emissions beachieved. The council shall determine thequantity of carbon dioxide emissions re-duction that is reasonably likely to resultfrom each of the proposed offsets based onthe criteria in sub-subparagraphs (i) to (iii)of this subparagraph. In making this deter-mination, the council shall not allow creditfor offsets that have already been allocatedor awarded credit for carbon dioxide emis-sions reduction in another regulatory setting.In addition, the fact that an applicant orother parties involved with an offset mayderive benefits from the offset other than thereduction of carbon dioxide emissions is not,by itself, a basis for withholding credit foran offset.

(i) The degree of certainty that the pre-dicted quantity of carbon dioxide emissionsreduction will be achieved by the offset;

(ii) The ability of the council to deter-mine the actual quantity of carbon dioxideemissions reduction resulting from the offset,taking into consideration any proposed

measurement, monitoring and evaluation ofmitigation measure performance; and

(iii) The extent to which the reductionof carbon dioxide emissions would occur inthe absence of the offsets.

(C) The applicant or a third party agreesto provide funds in an amount deemed suffi-cient to produce the reduction in carbondioxide emissions necessary to meet the ap-plicable carbon dioxide emissions standard,in which case the funds shall be used asspecified in paragraph (d) of this subsection.Unless modified by the council as providedbelow, the payment of 57 cents shall bedeemed to result in a reduction of one tonof carbon dioxide emissions. The councilshall determine the offset funds using themonetary offset rate and the level of emis-sions reduction required to meet the applica-ble standard. If a site certificate is approvedbased on this subparagraph, the council maynot adjust the amount of such offset fundsbased on the actual performance of offsets.After three years from June 26, 1997, thecouncil may by rule increase or decrease themonetary offset rate of 57 cents per ton ofcarbon dioxide emissions. Any change to themonetary offset rate shall be based on em-pirical evidence of the cost of carbon dioxideoffsets and the council′s finding that thestandard will be economically achievablewith the modified rate for natural gas-firedpower plants. Following the initial three-yearperiod, the council may increase or decreasethe monetary offset rate no more than 50percent in any two-year period.

(D) Any other means that the counciladopts by rule for demonstrating compliancewith any applicable carbon dioxide emissionsstandard.

(d) If the applicant elects to meet theapplicable carbon dioxide emissions standardin whole or in part under paragraph (c)(C)of this subsection the applicant shall identifythe qualified organization. The applicant mayidentify an organization that has applied for,but has not received, an exemption from fed-eral income taxation, but the council maynot find that the organization is a qualifiedorganization unless the organization is ex-empt from federal taxation under section501(c)(3) of the Internal Revenue Code asamended and in effect on December 31, 1996.The site certificate holder shall provide abond or comparable security in a form rea-sonably acceptable to the council to ensurethe payment of the offset funds and theamount required under subparagraph (A)(ii)of this paragraph. Such security shall beprovided by the date specified in the sitecertificate, which shall be no later than thecommencement of construction of the facil-ity. The site certificate shall require that the



offset funds be disbursed as specified in sub-paragraph (A) of this paragraph, unless thecouncil finds that no qualified organizationexists, in which case the site certificate shallrequire that the offset funds be disbursed asspecified in subparagraph (B) of this para-graph.

(A) The site certificate holder shall dis-burse the offset funds and any other fundsrequired by sub-subparagraph (ii) of this sub-paragraph to the qualified organization asfollows:

(i) When the site certificate holder re-ceives written notice from the qualified or-ganization certifying that the qualifiedorganization is contractually obligated to payany funds to implement offsets using the off-set funds, the site certificate holder shallmake the requested amount available to thequalified organization unless the total of theamount requested and any amounts previ-ously requested exceeds the offset funds, inwhich case only the remaining amount of theoffset funds shall be made available. Thequalified organization shall use at least 80percent of the offset funds for contracts toimplement offsets. The qualified organizationmay use up to 20 percent of the offset fundsfor monitoring, evaluation, administrationand enforcement of contracts to implementoffsets.

(ii) At the request of the qualified organ-ization and in addition to the offset funds,the site certificate holder shall pay the qual-ified organization an amount equal to 10percent of the first $500,000 of the offsetfunds and 4.286 percent of any offset funds inexcess of $500,000. This amount shall not beless than $50,000 unless a lesser amount isspecified in the site certificate. This amountcompensates the qualified organization for itscosts of selecting offsets and contracting forthe implementation of offsets.

(iii) Notwithstanding any provision to thecontrary, a site certificate holder subject tothis subparagraph shall have no obligationwith regard to offsets, the offset funds or thefunds required by sub-subparagraph (ii) ofthis subparagraph other than to make avail-able to the qualified organization the totalamount required under paragraph (c) of thissubsection and sub-subparagraph (ii) of thissubparagraph, nor shall any nonperformance,negligence or misconduct on the part of thequalified organization be a basis for revoca-tion of the site certificate or any other en-forcement action by the council with respectto the site certificate holder.

(B) If the council finds there is no quali-fied organization, the site certificate holdershall select one or more offsets to be imple-mented pursuant to criteria established bythe council. The site certificate holder shall

give written notice of its selections to thecouncil and to any person requesting notice.On petition by the State Department of En-ergy, or by any person adversely affected oraggrieved by the site certificate holder′s se-lection of offsets, or on the council′s ownmotion, the council may review such se-lection. The petition must be received by thecouncil within 30 days of the date the noticeof selection is placed in the United Statesmail, with first-class postage prepaid. Thecouncil shall approve the site certificateholder′s selection unless it finds that the se-lection is not consistent with criteria estab-lished by the council. The site certificateholder shall contract to implement the se-lected offsets within 18 months after com-mencing construction of the facility unlessgood cause is shown requiring additionaltime. The contracts shall obligate the ex-penditure of at least 85 percent of the offsetfunds for the implementation of offsets. Nomore than 15 percent of the offset funds maybe spent on monitoring, evaluation and en-forcement of the contract to implement theselected offsets. The council′s criteria for se-lection of offsets shall be based on the crite-ria set forth in paragraphs (b)(C) and (c)(B)of this subsection and may also consider thecosts of particular types of offsets in relationto the expected benefits of such offsets. Thecouncil′s criteria shall not require the sitecertificate holder to select particular offsets,and shall allow the site certificate holder areasonable range of choices in selecting off-sets. In addition, notwithstanding any otherprovision of this section, the site certificateholder′s financial liability for implementa-tion, monitoring, evaluation and enforcementof offsets pursuant to this subsection shallbe limited to the amount of any offset fundsnot already contractually obligated. Nonper-formance, negligence or misconduct by theentity or entities implementing, monitoringor evaluating the selected offset shall not bea basis for revocation of the site certificateor any other enforcement action by thecouncil with respect to the site certificateholder.

(C) Every qualified organization that hasreceived funds under this paragraph shall, atfive-year intervals beginning on the date ofreceipt of such funds, provide the councilwith the information the council requestsabout the qualified organization′s perform-ance. The council shall evaluate the infor-mation requested and, based on suchinformation, shall make any recommen-dations to the Legislative Assembly that thecouncil 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 degreesFahrenheit, 14.7 pounds per square inch at-mospheric pressure and 60 percent humidity.

(B) “Base load gas plant” means a gener-ating facility that is fueled by natural gas,except for periods during which an alterna-tive fuel may be used and when such alter-native fuel use shall not exceed 10 percentof expected fuel use in Btu, higher heatingvalue, on an average annual basis, and wherethe applicant requests and the council adoptsno condition in the site certificate for thegenerating facility that would limit hours ofoperation other than restrictions on the useof alternative fuel. The council shall assumea 100-percent capacity factor for such plantsand a 30-year life for the plants for purposesof determining gross carbon dioxide emis-sions.

(C) “Fossil-fueled power plant” means agenerating facility that produces electricpower from natural gas, petroleum, coal orany form of solid, liquid or gaseous fuel de-rived from such material.

(D) “Generating facility” means thoseenergy facilities that are defined in ORS469.300 (11)(a)(A), (B) and (D).

(E) “Gross carbon dioxide emissions”means the predicted carbon dioxide emissionsof the proposed energy facility measured ona new and clean basis.

(F) “Net carbon dioxide emissions”means gross carbon dioxide emissions of theproposed energy facility, less carbon dioxideemissions avoided, displaced or sequesteredby any combination of cogeneration or off-sets.

(G) “New and clean basis” means the av-erage carbon dioxide emissions rate per hourand net electric power output of the energyfacility, without degradation, as determinedby a 100-hour test at full power completedduring the first 12 months of commercial op-eration of the energy facility, with the re-sults adjusted for the average annual sitecondition for temperature, barometric pres-sure and relative humidity and use of alter-native fuels, and using a rate of 117 poundsof carbon dioxide per million Btu of naturalgas fuel and a rate of 161 pounds of carbondioxide per million Btu of distillate fuel, ifsuch fuel use is proposed by the applicant.The council may by rule adjust the rate ofpounds of carbon dioxide per million Btu fornatural gas or distillate fuel. The councilmay by rule set carbon dioxide emissionsrates for other fuels.

(H) “Nongenerating facility” means thoseenergy facilities that are defined in ORS469.300 (11)(a)(C) and (E) to (I).

(I) “Offset” means an action that will beimplemented by the applicant, a third party

or through the qualified organization toavoid, sequester or displace emissions of car-bon dioxide.

(J) “Offset funds” means the amount offunds determined by the council to satisfythe applicable carbon dioxide emissions stan-dard pursuant to paragraph (c)(C) of thissubsection.

(K) “Qualified organization” means anentity that:

(i) Is exempt from federal taxation undersection 501(c)(3) of the Internal RevenueCode as amended and in effect on December31, 1996;

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

(iii) Has in effect articles of incorpo-ration that require that offset funds receivedpursuant to this section are used for offsetsthat will result in the direct reduction, elim-ination, sequestration or avoidance of carbondioxide emissions, that require that decisionson the use of such funds are made by a bodycomposed of seven voting members of whichthree are appointed by the council, three areOregon residents appointed by the BullittFoundation or an alternative environmentalnonprofit organization named by the body,and one is appointed by the applicants forsite certificates that are subject to paragraph(d) of this subsection and the holders of suchsite certificates, and that require nonvotingmembership on the decision-making body forholders of site certificates that have providedfunds not yet disbursed under paragraph(d)(A) of this subsection;

(iv) Has made available on an annual ba-sis, beginning after the first year of opera-tion, a signed opinion of an independentcertified public accountant stating that thequalified organization′s use of funds pursuantto this statute conforms with generally ac-cepted accounting procedures except that thequalified organization shall have one year toconform with generally accepted accountingprinciples in the event of a nonconformingaudit;

(v) Has to the extent applicable, exceptfor good cause, entered into contracts obli-gating at least 60 percent of the offset fundsto implement offsets within two years afterthe commencement of construction of the fa-cility; and

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

(3) Except as provided in ORS 469.504 forland use compliance and except for thosestatutes and rules for which the decision oncompliance has been delegated by the federalgovernment to a state agency other than the



council, the facility complies with all otherOregon statutes and administrative rulesidentified in the project order, as amended,as applicable to the issuance of a site certif-icate for the proposed facility. If compliancewith applicable Oregon statutes and admin-istrative rules, other than those involvingfederally delegated programs, would result inconflicting conditions in the site certificate,the council may resolve the conflict consist-ent with the public interest. A resolutionmay not result in the waiver of any applica-ble state statute.

(4) The facility complies with the state-wide planning goals adopted by the LandConservation and Development Commission.[1993 c.569 §23 (469.501, 469.503, 469.505 and 469.507 en-acted in lieu of 469.500 and 469.510); 1995 c.505 §21; 1997c.428 §4; 1999 c.365 §11; 2001 c.134 §10; 2003 c.186 §78]

469.504 Facility compliance withstatewide planning goals; exception;amendment of local plan and land useregulations; conflicts; technical assist-ance; rules. (1) A proposed facility shall befound in compliance with the statewideplanning goals under ORS 469.503 (4) if:

(a) The facility has received local landuse approval under the acknowledged com-prehensive plan and land use regulations ofthe affected local government; or

(b) The Energy Facility Siting Councildetermines that:

(A) The facility complies with applicablesubstantive criteria from the affected localgovernment′s acknowledged comprehensiveplan and land use regulations that are re-quired by the statewide planning goals andin effect on the date the application is sub-mitted, and with any Land Conservation andDevelopment Commission administrativerules and goals and any land use statutesthat apply directly to the facility under ORS197.646;

(B) For an energy facility or a related orsupporting facility that must be evaluatedagainst the applicable substantive criteriapursuant to subsection (5) of this section,that the proposed facility does not complywith one or more of the applicable substan-tive criteria but does otherwise comply withthe applicable statewide planning goals, orthat an exception to any applicable statewideplanning goal is justified under subsection (2)of this section; or

(C) For a facility that the council electsto evaluate against the statewide planninggoals pursuant to subsection (5) of this sec-tion, that the proposed facility complies withthe applicable statewide planning goals orthat an exception to any applicable statewideplanning goal is justified under subsection (2)of this section.

(2) The council may find goal compliancefor a facility that does not otherwise complywith one or more statewide planning goalsby taking an exception to the applicable goal.Notwithstanding the requirements of ORS197.732, the statewide planning goal pertain-ing to the exception process or any rules ofthe Land Conservation and DevelopmentCommission pertaining to an exception proc-ess goal, the council may take an exceptionto a goal if the council finds:

(a) The land subject to the exception isphysically developed to the extent that theland is no longer available for uses allowedby the applicable goal;

(b) The land subject to the exception isirrevocably committed as described by therules of the Land Conservation and Develop-ment Commission to uses not allowed by theapplicable goal because existing adjacentuses and other relevant factors make usesallowed 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 notapply;

(B) The significant environmental, eco-nomic, social and energy consequences an-ticipated as a result of the proposed facilityhave been identified and adverse impacts willbe mitigated in accordance with rules of thecouncil applicable to the siting of the pro-posed facility; and

(C) The proposed facility is compatiblewith other adjacent uses or will be madecompatible through measures designed to re-duce adverse impacts.

(3) If compliance with applicable sub-stantive local criteria and applicable statutesand state administrative rules would resultin conflicting conditions in the site certif-icate or amended site certificate, the councilshall resolve the conflict consistent with thepublic interest. A resolution may not resultin a waiver of any applicable state statute.

(4) An applicant for a site certificateshall elect whether to demonstrate compli-ance with the statewide planning goals undersubsection (1)(a) or (b) of this section. Theapplicant shall make the election on or be-fore the date specified by the council by rule.

(5) Upon request by the State Depart-ment of Energy, the special advisory groupestablished under ORS 469.480 shall recom-mend to the council, within the time statedin the request, the applicable substantivecriteria under subsection (1)(b)(A) of thissection. If the special advisory group doesnot recommend applicable substantive crite-ria within the time established in the de-partment′s request, the council may either



determine and apply the applicable substan-tive criteria under subsection (1)(b) of thissection or determine compliance with thestatewide planning goals under subsection(1)(b)(B) or (C) of this section. If the specialadvisory group recommends applicable sub-stantive criteria for an energy facility de-scribed in ORS 469.300 or a related orsupporting facility that does not passthrough more than one local government ju-risdiction or more than three zones in anyone jurisdiction, the council shall apply thecriteria recommended by the special advisorygroup. If the special advisory group recom-mends applicable substantive criteria for anenergy facility as defined in ORS 469.300(11)(a)(C) to (E) or a related or supportingfacility that passes through more than onejurisdiction or more than three zones in anyone jurisdiction, the council shall review therecommended criteria and determine whetherto evaluate the proposed facility against theapplicable substantive criteria recommendedby the special advisory group, against thestatewide planning goals or against a combi-nation of the applicable substantive criteriaand statewide planning goals. In making itsdetermination, the council shall consult withthe special advisory group and shall consider:

(a) The number of jurisdictions and zonesin question;

(b) The degree to which the applicablesubstantive criteria reflect local governmentconsideration of energy facilities in theplanning process; and

(c) The level of consistency of the appli-cable substantive criteria from the variouszones and jurisdictions.

(6) The council is not subject to ORS197.180 and a state agency may not requirean applicant for a site certificate to complywith any rules or programs adopted underORS 197.180.

(7) On or before its next periodic review,each affected local government shall amendits comprehensive plan and land use regu-lations as necessary to reflect the decisionof the council pertaining to a site certificateor amended site certificate.

(8) Notwithstanding ORS 34.020 or197.825 or any other provision of law, the af-fected local government′s land use approvalof a proposed facility under subsection (1)(a)of this section and the special advisorygroup′s recommendation of applicable sub-stantive criteria under subsection (5) of thissection shall be subject to judicial reviewonly as provided in ORS 469.403. If the ap-plicant elects to comply with subsection(1)(a) of this section, the provisions of thissubsection shall apply only to proposed proj-ects for which the land use approval of thelocal government occurs after the date a no-

tice of intent or an application for expeditedprocessing is submitted to the State Depart-ment of Energy.

(9) The State Department of Energy, incooperation with other state agencies, shallprovide, to the extent possible, technical as-sistance and information about the sitingprocess to local governments that requestsuch assistance or that anticipate having afacility proposed in their jurisdiction. [1997c.428 §5; 1999 c.385 §10; 2001 c.134 §11; 2003 c.186 §79;2005 c.829 §12]


469.505 Consultation with other agen-cies. (1) In making a determination regard-ing compliance with statutes, rules andordinances administered by another agencyor compliance with requirements of ORS469.300 to 469.563 and 469.590 to 469.619where another agency has special expertise,consultation with the other agency shall oc-cur during the notice of intent and site cer-tificate application process. Any permitapplication for which the permitting decisionhas been delegated by the federal govern-ment to a state agency other than the En-ergy Facility Siting Council shall bereviewed, whenever feasible, simultaneouslywith the council′s review of the site certif-icate application. Any hearings required onsuch permit applications shall be consol-idated, whenever feasible, with hearings un-der ORS 469.300 to 469.563 and 469.590 to469.619.

(2) Before resolving any conflicting con-ditions in site certificates or amended sitecertificates under ORS 469.503 (3) and469.504, the council shall notify and consultwith the agencies and local governments re-sponsible for administering the statutes, ad-ministrative rules or substantive localcriteria that result in the conflicting condi-tions regarding potential conflict resolution.[1993 c.569 §24 (469.501, 469.503, 469.505 and 469.507 en-acted in lieu of 469.500 and 469.510); 1997 c.428 §9; 1999c.385 §11]

469.507 Monitoring environmental andecological effects of construction and op-eration of energy facilities. (1) The sitecertificate holder shall establish programsfor monitoring the environmental and eco-logical effects of the construction and opera-tion of facilities subject to site certificates toassure continued compliance with the termsand conditions of the certificate. The pro-grams shall be subject to review and ap-proval by the Energy Facility Siting Council.

(2) The site certificate holder shall per-form the testing and sampling necessary forthe monitoring program or require the oper-



ator of the plant to perform the necessarytesting or sampling pursuant to guidelinesestablished by the Energy Facility SitingCouncil or its designee. The council and theDirector of the State Department of Energyshall have access to operating logs, recordsand reprints of the certificate holder, includ-ing those required by federal agencies.

(3) The monitoring program may be con-ducted in cooperation with any federally op-erated program if the information availablefrom the federal program is acceptable to thecouncil, but no federal program shall be sub-stituted totally for monitoring supervised bythe council or its designee.

(4) The monitoring program shall includemonitoring of the transportation process forall radioactive material removed from anynuclear fueled thermal power plant or nu-clear installation. [1993 c.569 §25 (469.501, 469.503,469.505 and 469.507 enacted in lieu of 469.500 and469.510); 1995 c.505 §22]

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

469.520 Cooperation of state govern-mental bodies; adoption of rules by stateagencies on energy facility development.(1) Each state agency and political subdivi-sion in this state that is concerned with en-ergy facilities shall inform the StateDepartment of Energy, promptly of its activ-ities and programs relating to energy andradiation.

(2) Each state agency proposing to adopt,amend or rescind a rule relating to energyfacility development first shall file a copy ofits proposal with the council, which may or-der such changes as it considers necessaryto conform to state policy as stated in ORS469.010 and 469.310.

(3) The effective date of a rule relatingto energy facility development, or an amend-ment or rescission thereof, shall not besooner than 10 days subsequent to the filingof a copy of such proposal with the council.[Formerly 453.525]

(Plant Operations; Radioactive Wastes)469.525 Radioactive waste disposal fa-

cilities prohibited; exceptions; rules. Not-withstanding any other provision of thischapter, no waste disposal facility for anyradioactive waste shall be established, oper-ated or licensed within this state, except asfollows:

(1) Wastes generated before June 1, 1981,through industrial or manufacturing proc-esses which contain only naturally occurringradioactive isotopes which are disposed of atsites approved by the Energy Facility SitingCouncil in accordance with ORS 469.375.

(2) Medical, industrial and research labo-ratory wastes contained in small, sealed, dis-crete containers in which the radioactivematerial is dissolved or dispersed in an or-ganic solvent or biological fluid for the pur-pose of liquid scintillation counting andexperimental animal carcasses shall be dis-posed of or treated at a hazardous waste dis-posal facility licensed by the Department ofEnvironmental Quality and in a mannerconsistent with rules adopted by the Depart-ment of Environmental Quality after consul-tation with and approval by the Departmentof Human Services.

(3) Maintenance of radioactive coal ashat the site of a thermal power plant forwhich a site certificate has been issued pur-suant to this chapter shall not constitute op-eration of a waste disposal facility so longas such coal ash is maintained in accordancewith the terms of the site certificate asamended from time to time as necessary toprotect the public health and safety. [Formerly459.630; 1979 c.283 §2; 1981 c.587 §2]

469.530 Review and approval of secu-rity programs. The Energy Facility SitingCouncil and the Director of the State De-partment of Energy shall review and approveall security programs attendant to anuclear-fueled thermal power plant, a nu-clear installation and the transportation ofradioactive material derived from or destinedfor a nuclear-fueled thermal power plant ora nuclear installation. The council shall pro-vide reasonable public notice of a meeting ofthe council held for purposes of such reviewand approval. [Formerly 453.535; 1981 c.707 §3; 1989c.6 §1]

469.533 State Department of Energyrules for health protection and evacu-ation procedures in nuclear emergency.Notwithstanding ORS chapter 401, the StateDepartment of Energy in cooperation withthe Department of Human Services and theOffice of Emergency Management shall es-tablish rules for the protection of health andprocedures for the evacuation of people andcommunities who would be affected by radi-ation in the event of an accident or a catas-trophe in the operation of a nuclear powerplant or nuclear installation. [Formerly 453.765;1983 c.586 §43]

469.534 County procedures. Eachcounty in this state that has a nuclear-fueledthermal power plant located within countyboundaries and each county within this statethat has any portion of its area locatedwithin 50 miles of a site within this state ofa nuclear-fueled thermal power plant shalldevelop written procedures that are compat-ible with the rules adopted by the State De-partment of Energy under ORS 469.533. Thedepartment shall review the county proce-



dures to determine whether they are com-patible with the rules of the department.[1983 c.586 §46]

469.535 Governor may assume controlof emergency operations during nuclearaccident or catastrophe. NotwithstandingORS chapter 401, when an emergency existsbecause of an accident or catastrophe in theoperation of a nuclear power plant or nu-clear installation or in the transportation ofradioactive material, the Governor, for theduration of the emergency, may:

(1) Assume complete control of all emer-gency operations in the area affected by theaccident or catastrophe, direct all rescue andsalvage work and do all things deemed ad-visable and necessary to alleviate the imme-diate conditions.

(2) Assume control of all police and lawenforcement activities in such area, includ-ing the activities of all local police and peaceofficers.

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

(4) Designate persons to coordinate thework of public and private relief agenciesoperating in such area and exclude fromsuch area any person or agency refusing tocooperate with other agencies engaged inemergency work.

(5) Require the aid and assistance of anystate or other public or quasi-public agenciesin the performance of duties and work at-tendant upon the emergency conditions insuch area. [1983 c.586 §47]

469.536 Public utility to disseminateinformation under ORS 469.533. A publicutility which operates a nuclear power plantor nuclear installation shall disseminate tothe governing bodies of cities and countiesthat may be affected information approved bythe State Department of Energy which ex-plains rules or procedures adopted underORS 469.533. [Formerly 453.770]

469.540 Reductions or curtailment ofoperations for violation of safety stan-dards; notice; time period for repairs;transport and disposal of radioactive ma-terials. (1) In instances where the Directorof the State Department of Energy deter-mines either from the monitoring or surveil-lance of the director that there is danger ofviolation of a safety standard adopted underORS 469.501 from the continued operation ofa plant or installation, the director may or-der temporary reductions or curtailment ofoperations until such time as proper safetyprecautions can be taken.

(2) An order of reduction or curtailmentshall be entered only after notice to thethermal power plant or installation and onlyafter a reasonable time, considering the ex-tent of the danger, has been allowed for re-pairs or other alterations that would bringthe plant or installation into conformity withapplicable safety standards.

(3) The director may order compliance orimpose other safety conditions on the trans-port or disposal of radioactive materials orwastes if the director believes that ORS469.300 to 469.619 and 469.930 or rulesadopted pursuant thereto are being violatedor are in danger of being violated. [Formerly453.545; 1989 c.6 §2; 1993 c.569 §26; 2003 c.186 §31]

469.550 Order for halt of plant oper-ations or activities with radioactive ma-terial; notice. (1) Whenever in the judgmentof the Director of the State Department ofEnergy from the results of monitoring orsurveillance of operation of any nuclear-fueled thermal power plant or nuclear in-stallation or based upon information from theEnergy Facility Siting Council there is causeto believe that there is clear and immediatedanger to the public health and safety fromcontinued operation of the plant or installa-tion, the director shall, in cooperation withappropriate state and federal agencies, with-out hearing or prior notice, order the opera-tion of the plant halted by service of theorder on the plant superintendent or otherperson charged with the operation thereof.Within 24 hours after such order, the direc-tor must appear in the appropriate circuitcourt to petition for the relief afforded underORS 469.563 and may commence proceedingsfor revocation of the site certificate ifgrounds therefor exist.

(2) Whenever, in the judgment of the di-rector based upon monitoring or surveillanceby the director, or based upon informationfrom the council, there is cause to believethat there is clear and immediate danger tothe public health and safety from the accu-mulation or storage of radioactive materiallocated at a nuclear-fueled thermal powerplant or a nuclear installation, the directorshall in cooperation with appropriate stateand federal agencies, without hearing orprior notice, order such accumulation, stor-age, disposal or transportation halted or im-mediately impose safety precautions byservice of the order on the officer responsiblefor the accumulation, storage, disposal ortransportation. Within 24 hours after suchan order, the director must appear in theappropriate circuit court to petition for therelief afforded under ORS 469.563.

(3)(a) If the director believes there is aclear and immediate danger to public healthor safety, the director shall halt the trans-



portation or disposal of radioactive materialor waste.

(b) The director shall serve an order tohalt the transportation or disposal of radio-active material on the person responsible forthe transport or disposal. The order may beserved without prior hearing or notice.

(c) Within 24 hours after the directorserves an order under paragraph (b) of thissubsection, the director shall petition theappropriate circuit court for relief underORS 469.563.

(4) The Governor, in the absence of thedirector, may issue orders and petition forjudicial 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 milltailings disposal facility site certificationrequired; procedure for review; fees. (1)Any person desiring to construct or operatean active uranium mill or uranium milltailings disposal facility after June 25, 1979,shall file with the Energy Facility SitingCouncil a site certificate application.

(2) The Energy Facility Siting Councilshall review an application for a site certif-icate under this section using the procedureprescribed in ORS 469.350, 469.360, 469.370,469.375, 469.401 and 469.403, for energy facil-ities. The council is authorized to assess feesin accordance with ORS 469.421 in con-nection with site certificates applied for orissued under this section. [1979 c.283 §7; 1987c.633 §1; 1993 c.569 §27; 1995 c.505 §25]

469.556 Rules governing uranium-related activities. The Energy Facility Sit-ing Council shall adopt rules governing thelocation, construction and operation of ura-nium mills and uranium mill tailings disposalfacilities and the treatment, storage and dis-posal of uranium mine overburden for theprotection of the public health and safetyand the environment. [1979 c.283 §8]

469.559 Cooperative agreements au-thorized between council and federal offi-cials and agencies; rules; powers ofGovernor; exception for inactive orabandoned site. (1) Notwithstanding theauthority of the Department of Human Ser-vices pursuant to ORS 453.605 to 453.800 toregulate radiation sources or the require-ments of ORS 469.525, the Energy FacilitySiting Council may enter into and carry outcooperative agreements with the Secretaryof Energy pursuant to Title I and the Nu-clear Regulatory Commission pursuant to Ti-tle II of the Uranium Mill Tailings RadiationControl Act of 1978, Public Law 95-604, andperform or cause to be performed any and allacts necessary to be performed by the state,

including the acquisition by condemnation orotherwise, retention and disposition of landor interests therein, in order to implementthat Act and rules, standards and guidelinesadopted pursuant thereto. The Energy Facil-ity Siting Council may adopt, amend or re-peal rules in accordance with ORS chapter183 and may receive and disburse funds inconnection with the implementation and ad-ministration of this section.

(2) The Energy Facility Siting Counciland the State Department of Energy mayenter into and carry out cooperative agree-ments and arrangements with any agency ofthe federal government implementing theComprehensive Environmental Response,Compensation, and Liability Act, asamended, 42 U.S.C. section 9601 et seq., toclean up wastes and contaminated material,including overburden, created by uraniummining before June 29, 1989. Any such proj-ect need not obtain a site certificate from thecouncil, but shall nevertheless comply withall applicable, relevant or appropriate statestandards including but not limited to thoseset forth in ORS 469.375 and rules adoptedby the council and other state agencies toimplement such standards.

(3) The Governor may do any and allthings necessary to implement the require-ments of the federal Acts referred to in sub-sections (1) and (2) of this section.

(4) Notwithstanding ORS 469.553, afterJune 25, 1979, no site certificate is requiredfor the cleanup and disposal of an inactiveor abandoned uranium mill tailings site asauthorized under subsection (1) of this sec-tion and Title I of the Uranium Mill TailingsRadiation Control Act of 1978, Public Law95-604. [1979 c.283 §9; 1987 c.633 §2; 1989 c.496 §1]

(Records)469.560 Records; public inspection;

confidential information. (1) Except asprovided in subsection (2) of this section andORS 192.501 to 192.505, any information filedor submitted pursuant to ORS 469.300 to469.563, 469.590 to 469.619, 469.930 and469.992 shall be made available for public in-spection and copying during regular officehours of the State Department of Energy atthe expense of any person requesting copies.

(2) Any information, other than that re-lating to the public safety, relating to secretprocess, device, or method of manufacturingor production obtained in the course of in-spection, investigation or activities underORS 469.300 to 469.563, 469.590 to 469.619,469.930 and 469.992 shall be kept confidentialand shall not be made a part of public recordof any hearing. [Formerly 453.565]



(Insurance)469.561 Property insurance required;

exceptions; filing of policy. (1) A personowning and operating a nuclear power plantin this state under a license issued by theUnited States Nuclear Regulatory Commis-sion or under a site certificate issued underORS 469.300 to 469.563, 469.590 to 469.619,469.930 and 469.992 shall obtain and maintainproperty insurance in the maximuminsurable amount available for each nuclearincident occurring within this state, as re-quired by this section. The insurance shallcover property damage occurring within anuclear plant and its related or supportingfacilities as a result of the nuclear incident.

(2) Insurance required under this sectiondoes not apply to:

(a) Any claim of an employee of a personobtaining insurance under this section, if theclaim is made under a state or federal work-ers′ compensation Act and if the employee isemployed at the site of and in connectionwith the nuclear power plant at which thenuclear incident occurred; or

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

(3) A person obtaining insurance underthis section shall maintain insurance for theterm of the license issued to the nuclearpower plant by the United States NuclearRegulatory Commission and for any exten-sion of the term, and until all radioactivematerial has been removed from the nuclearpower plant and transportation of the radio-active material from the nuclear power planthas ended.

(4) A person obtaining insurance underthis section shall file a copy of the insurancepolicy, any amendment to the policy and anysuperseding insurance policy with the Direc-tor of the State Department of Energy.

(5) Property insurance required underthis section is in addition to and not in lieuof insurance coverage provided under thePrice-Anderson Act (42 U.S.C. 2210).

(6) Property insurance required by sub-sections (1) to (5) of this section may includeprivate insurance, self-insurance, utility in-dustry association self-assurance poolingprograms, or a combination of all three.

(7) A person may fulfill the requirementsfor an insurance policy under subsections (1)to (5) of this section by obtaining policies ofone or more insurance carriers if the policiestogether meet the requirements of subsec-tions (1) to (5) of this section. [Formerly 469.565]

469.562 Eligible insurers. (1) In order toprovide the private insurance specified underORS 469.561, an insurer must be authorizedto provide or transact insurance in this state.

(2) An insurer providing property insur-ance required under ORS 469.561 (1) to (5)may obtain reinsurance as defined in ORS731.126. [Formerly 469.567]

(Enforcement)469.563 Court orders for enforcement.

Without prior administrative proceedings, acircuit court may issue such restraining or-ders, and such temporary and permanentinjunctive relief as is necessary to securecompliance 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 and469.992 or with the terms and conditions ofa 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 thatOregon is not assured that the United StatesDepartment of Energy will:

(a) Consider the unique features of Ore-gon and the needs of the people of Oregonwhen assessing the Hanford Nuclear Reser-vation as a potentially suitable location forthe long-term disposal of high-level radioac-tive waste; or

(b) Ensure adequate opportunity for pub-lic participation in the assessment process.

(2) Over the past 45 years, the UnitedStates has developed and produced nuclearweapons at the Hanford Nuclear Reservationand during this period large quantities of ra-dioactive hazardous and chemical wasteshave accumulated at the Hanford NuclearReservation, and the waste sites pose an im-mediate and serious long-term threat to theenvironment and to public health and safety.

(3) Therefore, the Legislative Assemblydeclares that it is in the best interests of theState of Oregon to establish an Oregon Han-ford Cleanup Board to serve as a focus forthe State of Oregon in the development of astate policy to be presented to the federalgovernment, to ensure a maximum of publicparticipation in the assessment and cleanupprocess. [1987 c.514 §1; 1991 c.562 §3; 2001 c.104 §204;2003 c.186 §33]


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

469.568 Construction of ORS 469.566 to469.583. Nothing in ORS 469.566 to 469.583shall be interpreted by the federal govern-ment or the United States Department ofEnergy as an expression by the people of



Oregon to accept the Hanford Nuclear Res-ervation as the site for the long-term disposalof high-level radioactive waste. [1987 c.514 §2;2001 c.104 §205]


469.569 Definitions for ORS 469.566 to469.583. As used in ORS 469.566 to 469.583:

(1) “Board” means the Oregon HanfordCleanup Board.

(2) “High-level radioactive waste” meansfuel or fission products from a commercialnuclear reactor after irradiation that ispackaged and prepared for disposal.

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

Note: See note under 469.566.469.570 [Formerly 453.575; 1995 c.505 §23; renum-

bered 469.563 in 1997]

469.571 Oregon Hanford CleanupBoard; members; appointment. There iscreated an Oregon Hanford Cleanup Boardthat shall consist of the following members:

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

(2) The Water Resources Director or des-ignee;

(3) A representative of the Governor;(4) One member representing the Confed-

erated Tribes of the Umatilla Indian Reser-vation;

(5) Ten members of the public, appointedby the Governor, one of whom shall be arepresentative of a local emergency responseorganization in eastern Oregon and one ofwhom shall serve as chairperson; and

(6) Three members of the Senate, ap-pointed by the President of the Senate, andthree members of the House of Represen-tatives, appointed by the Speaker of theHouse of Representatives who shall serve asadvisory members without vote. [1987 c.514 §4;1991 c.562 §1; 1997 c.249 §271; 2003 c.186 §5]


469.572 Compensation of board mem-bers. (1) Each member of the Oregon Han-ford Cleanup Board shall serve at thepleasure of the appointing authority. Forpurposes of this subsection, for those mem-bers of the board selected by the public ad-visory committee, the appointing authorityshall be the public advisory committee.

(2) Each public member of the boardshall receive compensation and expenses asprovided in ORS 292.495. Each legislativemember shall receive compensation and ex-penses as provided in ORS 171.072.

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


469.573 Purpose of Oregon HanfordCleanup Board. The Oregon HanfordCleanup Board:

(1) Shall serve as the focal point for allpolicy discussions within the state govern-ment concerning the disposal of high-levelradioactive waste in the northwest region.

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

(3) After consultation with the Governor,may make policy recommendations on otherissues related to the Hanford Nuclear Reser-vation at Richland, Washington, includingbut not limited to defense wastes, disposaland treatment of chemical waste andplutonium production. [1987 c.514 §6; 2001 c.104§206]


469.574 Duties of Oregon HanfordCleanup Board; coordination with Wash-ington. In carrying out its purpose as setforth in ORS 469.573, the Oregon HanfordCleanup Board shall:

(1) Serve as the initial agency in thisstate to be contacted by the United StatesDepartment of Energy or any other federalagency on any matter related to the long-term disposal of high-level radioactive wasteand other issues related to the Hanford Nu-clear Reservation.

(2) Serve as the initial agency in thisstate to receive any report, study, document,information or notification of proposed plansfrom the federal government on any matterrelated to the long-term disposal of high-levelradioactive waste or other issues related tothe Hanford Nuclear Reservation. Notifica-tion of proposed plans includes notificationof proposals to conduct field work, on-siteevaluation or on-site testing.

(3) Disseminate or arrange with theUnited States Department of Energy or otherfederal agency to disseminate the informa-tion received under subsection (2) of thissection to appropriate state agencies, localgovernments, regional planning commissions,American Indian tribal governing bodies, thegeneral public and interested citizen groupswho have requested in writing to receive thisinformation.

(4) Recommend to the Governor and Leg-islative Assembly appropriate responses tocontacts under subsection (1) of this sectionand information received under subsection(2) of this section if a response is appropri-ate. The board shall consult with the appro-priate state agency, local government,regional planning commission, American In-



dian tribal governing body, the general pub-lic and interested citizen groups in preparingthis response.

(5) Promote and coordinate educationalprograms which provide information on thenature of high-level radioactive waste, thelong-term disposal of this waste, the activ-ities of the board, the activities of the UnitedStates Department of Energy and any otherfederal agency related to the long-term dis-posal of high-level radioactive waste or otherissues related to the Hanford Nuclear Reser-vation and the opportunities of the public toparticipate in procedures and decisions re-lated to this waste.

(6) Review any application to the UnitedStates Department of Energy or other federalagency by a state agency, local governmentor regional planning commission for fundsfor any program related to the long-term dis-posal of high-level radioactive waste or otherissues related to the Hanford Nuclear Reser-vation. If the board finds that the applicationis not consistent with the state′s policy re-lated to such issue or that the application isnot in the best interest of the state, theboard shall forward its findings to the Gov-ernor and the appropriate legislative com-mittee. If the board finds that the applicationof a state agency is not consistent with thestate′s policy related to long-term disposal ofhigh-level radioactive waste or that the ap-plication of a state agency is not in the bestinterest of the state, the findings forwardedto the Governor and legislative committeeshall include a recommendation that theGovernor act to stipulate conditions for theacceptance of the funds which are necessaryto safeguard the interests of the state.

(7) Monitor activity in Congress and thefederal government related to the long-termdisposal of high-level radioactive waste andother issues related to the Hanford NuclearReservation.

(8) If appropriate, advise the Governorand the Legislative Assembly to request theAttorney General to intervene in federalproceedings to protect the state′s interestsand present the state′s point of view on mat-ters related to the long-term disposal ofhigh-level radioactive waste or other issuesrelated to the Hanford Nuclear Reservation.

(9) Coordinate with appropriate counter-parts and agencies in the State of Washing-ton. [1987 c.514 §7; 1991 c.562 §4; 2001 c.104 §207]


469.575 Duties of chairperson of Ore-gon Hanford Cleanup Board. The chair-person of the Oregon Hanford Cleanup Boardshall:

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

(2) Hire, assign, reassign and coordinatethe administrative personnel of the board,prescribe their duties and fix their compen-sation, subject to the State Personnel Re-lations Law; and

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


469.576 Review of Hanford as site se-lected for long-term disposal of high-levelradioactive waste. (1) If the United StatesDepartment of Energy selects the HanfordNuclear Reservation as the site for the con-struction of a repository for the long-termdisposal of high-level radioactive waste, theOregon Hanford Cleanup Board shall reviewthe selected site and the site plan preparedby the United States Department of Energy.In conducting its review the board shall:

(a) Include a full scientific review of theadequacy of the selected site and of the siteplan;

(b) Use recognized experts;(c) Conduct one or more public hearings

on the site plan;(d) Make available to the public argu-

ments and evidence for and against the siteplan; and

(e) Solicit comments from appropriatestate agencies, local governments, regionalplanning commissions, American Indiantribal governing bodies, the general publicand interested citizen groups on the ade-quacy of the Hanford site and the site plan.

(2) After completing the review undersubsection (1) of this section, the board shallsubmit a recommendation to the Speaker ofthe House of Representatives, the Presidentof the Senate and the Governor on whetherthe state should accept the Hanford site.[1987 c.514 §10; 2001 c.104 §208]


469.577 Lead agency; agreements withfederal agencies related to long-term dis-posal of high-level radioactive waste. (1)In addition to any other duty prescribed bylaw and subject to the policy direction of theboard, a lead agency designated by the Gov-ernor shall negotiate written agreements andmodifications to those agreements, with theUnited States Department of Energy or anyother federal agency or state on any matterrelated to the long-term disposal of high-levelradioactive waste.

(2) Any agreement or modification to anagreement negotiated by the agency desig-nated by the Governor under subsection (1)of this section shall be consistent with thepolicy expressed by the Governor and theLegislative Assembly as developed by theOregon Hanford Cleanup Board.



(3) The Oregon Hanford Cleanup Boardshall make recommendations to the agencydesignated by the Governor under subsection(1) of this section concerning the terms ofagreements or modifications to agreementsnegotiated under subsection (1) of this sec-tion or other issues related to the HanfordNuclear Reservation. [1987 c.514 §11; 1991 c.562§5; 2001 c.104 §209]


469.578 Oregon Hanford CleanupBoard to implement agreements withfederal agencies. The Oregon HanfordCleanup Board shall implement agreements,modifications and technical revisions ap-proved by the agency designated by the Gov-ernor under ORS 469.577. In implementingthese agreements, modifications and re-visions, the board may solicit the views ofany appropriate state agency, local govern-ment, regional planning commission, Ameri-can Indian tribal governing body, the generalpublic and interested citizen groups. [1987c.514 §12]


469.579 Authority to accept moneys;disbursement of funds; rules. The OregonHanford Cleanup Board may accept moneysfrom the United States Department of En-ergy, other federal agencies, the State ofWashington and from gifts and grants re-ceived from any other person. Such moneysare continuously appropriated to the boardfor the purpose of carrying out the provisionsof ORS 469.566 to 469.583. The board shallestablish by rule a method for disbursingsuch funds as necessary to carry out theprovisions of ORS 469.566 to 469.583, includ-ing but not limited to awarding contracts forstudies pertaining to the long-term disposalof radioactive waste or other issues relatedto the Hanford Nuclear Reservation. Anydisbursement of funds by the board or thelead agency shall be consistent with the pol-icy established by the board under ORS469.573. [1987 c.514 §13; 1991 c.562 §6; 2001 c.104 §210;2003 c.186 §35]


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

469.581 Advisory and technical com-mittees. The Oregon Hanford Cleanup Boardmay establish any advisory and technicalcommittee it considers necessary. Membersof any advisory or technical committee es-tablished under this section may receive re-imbursement for travel expenses incurred inthe performance of their duties in accor-dance with ORS 292.495. [1987 c.514 §14; 1991c.562 §2]


469.582 Cooperation with Oregon Han-ford Cleanup Board; technical assistancefrom other state agencies. All depart-ments, agencies and officers of this state andits political subdivisions shall cooperate withthe Oregon Hanford Cleanup Board in carry-ing out any of its activities under ORS469.566 to 469.583 and, at the request of thechairperson, provide technical assistance tothe board. [1987 c.514 §15]


469.583 Rules. In accordance with theapplicable provisions of ORS chapter 183, theOregon Hanford Cleanup Board shall adoptrules and standards to carry out the require-ments of ORS 469.566 to 469.583. [1987 c.514§16]


(Federal Site Selection)469.584 Findings. The Legislative As-

sembly and the people of the State of Oregonfind that:

(1) In order to solve the problem of high-level radioactive waste disposal, Congressestablished a process for selecting two sitesfor the safe, permanent and regionally equi-table disposal of such waste.

(2) The process of selecting three sites asfinal candidates, including the Hanford Nu-clear Reservation in the State of Washing-ton, for a first high-level nuclear wasterepository by the United States Departmentof Energy violated the intent and the man-date of Congress.

(3) The United States Department of En-ergy has prematurely deferred considerationof numerous potential sites and disposal me-dia that its own research indicates are moreappropriate, safer and less expensive.

(4) Placement of a repository at Hanfordwithout methodical and independently veri-fied scientific evaluation threatens thehealth and safety of the people and the envi-ronment of this state.

(5) The selection process is flawed andnot credible because it did not include inde-pendent experts in the selection of the sitesand in the review of the selected sites, asrecommended by the National Academy ofSciences.

(6) By postponing indefinitely all sitespecific work for an eastern repository, theUnited States Department of Energy has notcomplied with the intent of Congress ex-pressed in the Nuclear Waste Policy Act,Public Law 97-425, and the fundamentalcompromise which enabled its enactment.[1987 c.13 §1; 2001 c.104 §211]

Note: 469.584 and 469.585 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 469 or any series therein by leg-



islative action. See Preface to Oregon Revised Statutesfor further explanation.

469.585 Activities of state related toselection of high-level radioactive wastedisposal site. In order to achieve completecompliance with federal law and protect thehealth, safety and welfare of the people ofthe State of Oregon, the Legislative Assem-bly, other statewide officials and state agen-cies shall use all legal means necessary to:

(1) Suspend the preliminary site selectionprocess for a high-level nuclear waste repos-itory, including the process of site charac-terization, until there is compliance with theintent of the Nuclear Waste Policy Act;

(2) Reverse the Secretary of Energy′s de-cision to postpone indefinitely all site spe-cific work on locating and developing aneastern repository for high-level nuclearwaste;

(3) Insist that the United States Depart-ment of Energy′s site selection process, whenresumed, considers all acceptable geologicmedia and results in safe, scientifically justi-fied and regionally and geographically equi-table high-level nuclear waste disposal;

(4) Demand that federal budget actionsfully and completely follow the intent of theNuclear Waste Policy Act;

(5) Continue to pursue alliances withother states and interested parties, partic-ularly with Pacific Northwest Governors,legislatures and other parties, affected by thesite selection process and transportation ofhigh-level nuclear waste; and

(6) Ensure that Oregon, because of itsclose geographic and geologic proximity tothe proposed Hanford Nuclear Reservationsite, be accorded the same status under fed-eral law as a state in which a high-level nu-clear repository is proposed to be located.[1987 c.13 §2; 2001 c.104 §212]


(Hanford Nuclear Reservation)469.586 Findings. The Legislative As-

sembly and the people of the State of Oregonfind that:

(1) The maintenance of healthy, unpol-luted river systems, airsheds and land areessential to the economic vitality and well-being of the citizens of the State of Oregonand the Pacific Northwest.

(2) Radioactive waste stored at the Han-ford Nuclear Reservation is already leakinginto and contaminating the water table andwatershed of the Columbia River and radio-active materials and toxic compounds havebeen found in plants, animals and watersdownstream from the Hanford Nuclear Res-ervation and constitute a present and poten-

tial threat to the health, safety and welfareof the people of the State of Oregon.

(3) The Hanford Nuclear Reservation isnow one of the most radioactively contam-inated sites in the world, according to gov-ernment studies, and will require billions ofdollars in costs for cleanup and the ongoingassessment of health effects.

(4) In November 1980, the people of theState of Oregon, by direct vote in a statewideelection, enacted a moratorium on the con-struction of nuclear power plants, and nonuclear power plants are presently operatingin the State of Oregon.

(5) In May 1987, the people of the Stateof Oregon, by direct vote in a statewideelection, enacted Ballot Measure 1, opposingthe disposal of highly radioactive spent fuelfrom commercial power plants at the Han-ford Nuclear Reservation.

(6) In 1995, the Legislative Assembly re-solved that Oregon should have all legalrights in matters affecting the Hanford Nu-clear Reservation, including party status inthe Hanford tri-party agreement that governsthe cleanup of the reservation.

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

(8) The federal government has an-nounced that it will process plutonium fromweapons with uranium to produce mixedoxide fuel for commercial nuclear powerplants and other nuclear facilities. TheHanford Nuclear Reservation, located on theColumbia River, is a primary candidate sitebeing considered for the production facilities.

(9) The production of mixed oxide fuelwill result in enormous new quantities of ra-dioactive and chemical wastes that willpresent significant additional disposal prob-lems and unknown costs. [1997 c.617 §1]

Note: 469.586 and 469.587 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 469 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

469.587 Position of State of Oregonrelated to operation of Hanford NuclearReservation. The Legislative Assembly andthe people of the State of Oregon:

(1) Declare that the State of Oregon isunalterably opposed to the use of the Han-ford Nuclear Reservation for operations thatcreate more contamination at the HanfordNuclear Reservation, divert resources fromcleanup at the Hanford Nuclear Reservation



and make the Hanford Nuclear Reservationcleanup more difficult, such as the process-ing of plutonium to fuel nuclear powerplants, reactors or any other facilities, andfurther declare that vitrification in a safemanner is the preferred means to dispose ofexcess plutonium, in order to protect humanhealth and the environment.

(2) Request that the President of theUnited States and the Secretary of Energycontinue their previous policy of banning theuse of plutonium to fuel commercial powerplants and nuclear facilities.

(3) Request that the federal governmenthonor the federal government′s originalmandate to implement and complete thecleanup and restoration of the Hanford Nu-clear Reservation. [1997 c.617 §2]


(Siting of Nuclear-Fueled Thermal Power Plants)

469.590 Definitions for ORS 469.590 to469.595. As used in ORS 469.590 to 469.595:

(1) “High-level radioactive waste” meansspent nuclear fuel or the radioactive by-products from the reprocessing of spent nu-clear fuel.

(2) “Spent nuclear fuel” means nuclearfuel rods or assemblies which have beenirradiated in a power reactor and subse-quently removed from that reactor. [1981 c.1§2]

469.593 Findings. The people of thisstate find that if no permanent repository forhigh-level radioactive waste is provided bythe federal government, the residents of thestate may face the undue financial burden ofpaying for construction of a repository forsuch wastes. Therefore, the people of thisstate enact ORS 469.590 to 469.601. [1981 c.1§1]

469.594 Storage of high-level radioac-tive waste after expiration of licenseprohibited; continuing responsibility forstorage; implementation agreements. (1)Notwithstanding the definition of a “wastedisposal facility” under ORS 469.300, nohigh-level radioactive waste should be storedat the site of a nuclear-fueled thermal powerplant after the expiration of the operating li-cense issued to the nuclear power plant bythe United States Nuclear Regulatory Com-mission.

(2) Notwithstanding subsection (1) of thissection, a person operating a nuclear powerplant under a license issued by the UnitedStates Nuclear Regulatory Commission shallremain responsible for proper temporarystorage of high-level radioactive materials atthe site of the nuclear power plant after ter-mination of a license and until such materi-

als are removed from the site for permanentstorage.

(3) The State Department of Energy andthe operators of nuclear-fueled thermalplants shall pursue agreements with theUnited States Department of Energy and theUnited States Nuclear Regulatory Commis-sion 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 fornuclear-fueled thermal power plant. Be-fore issuing a site certificate for a nuclear-fueled thermal power plant, the EnergyFacility Siting Council must find that an ad-equate repository for the disposal of thehigh-level radioactive waste produced by theplant has been licensed to operate by theappropriate agency of the federal govern-ment. The repository must provide for theterminal disposition of such waste, with orwithout provision for retrieval for reprocess-ing. [1981 c.1 §3]

469.597 Election procedure; electorapproval required. (1) Notwithstanding theprovisions of ORS 469.370, if the Energy Fa-cility Siting Council finds that the require-ments of ORS 469.595 have been satisfied andproposes to issue a site certificate for anuclear-fueled thermal power plant, the pro-posal shall be submitted to the electors ofthis state for their approval or rejection atthe next available statewide general election.The procedures for submitting a proposal tothe electors under this section shall conform,as nearly as possible to those for state mea-sures, including but not limited to proce-dures for printing related material in thevoters′ pamphlet.

(2) A site certificate for a nuclear-fueledthermal power plant shall not be issued untilthe electors of this state have approved theissuance of the certificate at an election heldpursuant to subsection (1) of this section.[1981 c.1 §§4,5]

469.599 Public Utility Commission′sduty. The Public Utility Commission shallnot authorize the issuance of stocks, bondsor other evidences of indebtedness to financeany nuclear-fueled thermal power plant pur-suant to ORS 757.400 to 757.460 until theEnergy Facility Siting Council has made thefinding required under ORS 469.595. [1981 c.1§6]

469.601 Effect of ORS 469.595 on appli-cations and applicants. ORS 469.595 doesnot prohibit:

(1) The Energy Facility Siting Councilfrom receiving and processing applicationsfor site certificates for nuclear-fueled ther-mal power plants under ORS 469.300 to469.563, 469.590 to 469.619 and 469.930; or



(2) An applicant for a site certificate un-der ORS 469.300 to 469.563, 469.590 to 469.619and 469.930 from obtaining any other neces-sary licenses, permits or approvals for theplanning or siting of a nuclear-fueled thermalpower plant. [1981 c.1 §8]

(Transportation of Radioactive Material)469.603 Intent to regulate transporta-

tion of radioactive material. It is the in-tention of the Legislative Assembly that thestate shall regulate the transportation of ra-dioactive material to the full extent allow-able under and consistent with federal lawsand regulations. [1981 c.707 §2]

469.605 Permit to transport required;application; delegation of authority to is-sue permits; fees; rules. (1) No person shallship or transport radioactive material identi-fied by the Energy Facility Siting Council byrule as posing a significant hazard to publichealth and safety or the environment if im-properly transported into or within the Stateof Oregon without first obtaining a permitfrom the State Department of Energy.

(2) Such permit shall be issued for a pe-riod not to exceed one year and shall bevalid for all shipments within that period oftime unless specifically limited by permitconditions.

(3) Application for a permit under thissection shall be made in a form and mannerprescribed by the Director of the State De-partment of Energy and may include:

(a) A description of the kind, quantityand radioactivity of the material to be trans-ported;

(b) A description of the route or routesproposed to be taken and the transportschedule;

(c) A description of any mode of trans-portation; and

(d) Other information required by the di-rector to evaluate the application.

(4) The director shall collect a fee fromall applicants for permits under this sectionin an amount reasonably calculated to pro-vide for the costs to the department of per-forming the duties of the department underORS 469.550 (3), 469.563, 469.603 to 469.619and 469.992. Fees collected under this sub-section shall be deposited in the State De-partment of Energy Account establishedunder ORS 469.120.

(5) The director shall issue a permit onlyif the application demonstrates that the pro-posed transportation will comply with all ap-plicable rules adopted under ORS 469.603 to469.619 and if the proposed route complieswith federal law as provided in ORS 469.606.

(6) The director may delegate the au-thority to issue permits for the transporta-tion of radioactive material to theDepartment of Transportation. In exercisingsuch authority, the Department of Transpor-tation shall comply with the applicable pro-visions of ORS 469.603 to 469.619 and rulesadopted by the director or the Energy Facil-ity Siting Council under ORS 469.603 to469.619. Permits issued by the Department ofTransportation under this subsection shall beenforced according to the provisions of ORS825.258. The director also may delegate otherauthority granted under ORS 469.605 to469.619 to other state agencies if the deleg-ation will maintain or enhance the qualityof the transportation safety program. [1981c.707 §5; 1989 c.6 §4; 1991 c.233 §3; 2003 c.186 §36]

469.606 Determination of best andsafest route. (1) Upon receipt of an applica-tion required under ORS 469.605 for whichradioactive material is proposed to be trans-ported by highway, the State Department ofEnergy shall confer with the following per-sons to determine whether the proposedroute is safe, and complies with applicablerouting requirements of the United StatesDepartment of Transportation and theUnited States Nuclear Regulatory Commis-sion:

(a) The Oregon Department of Transpor-tation, or a designee of the Oregon Depart-ment of Transportation;

(b) The Energy Facility Siting Council,or a designee of the Energy Facility SitingCouncil; and

(c) The Oregon Transportation Commis-sion, or a designee of the Oregon Transpor-tation Commission.

(2) If, after consultation with the personsset forth in subsection (1) of this section, adetermination is made that the proposedroute is not the best and safest route fortransporting the material, the Director of theState Department of Energy shall deny theapplication except as provided in subsection(3) of this section.

(3) If the applicant is prohibited by astatute, rule or other action of an adjacentstate or a political subdivision in an adjacentstate from using the route that complies withfederal law, the director:

(a) Shall petition the United States De-partment of Transportation for an adminis-trative determination of preemption of theban, pursuant to section 13 of the HazardousMaterials Transportation Uniform Safety Actof 1990, P.L. 101-615.

(b) May issue a permit as provided underORS 469.605 (5) with conditions necessary toensure safe transport over a route availableto the applicant, until the United States De-



partment of Transportation determineswhether the prohibition by the other stateor political subdivision is preempted. [1991c.233 §2; 2003 c.186 §37]

469.607 Authority of council; rules. (1)After consultation with the Department ofTransportation and other appropriate state,local and federal agencies, the Energy Facil-ity Siting Council by rule:

(a) May fix requirements for notification,record keeping, reporting, packaging andemergency response;

(b) May designate those routes by high-way, railroad, waterway and air wheretransportation of radioactive material can beaccomplished safely;

(c) May specify conditions of transporta-tion for certain classes of radioactive mate-rial, including but not limited to, specificroutes, permitted hours of movement, re-quirements for communications capabilitiesbetween carriers and emergency responseagencies, speed limits, police escorts, check-points, operator or crew training or otheroperational requirements to enhance publichealth and safety; and

(d) May establish requirements for insur-ance, bonding or other indemnification onthe part of any person transporting radioac-tive material into or within the State of Or-egon under ORS 469.603 to 469.619 and469.992.

(2) The requirements imposed by subsec-tion (1) of this section must be consistentwith federal Department of Transportationand Nuclear Regulatory Commission rules.

(3) Rules adopted under this section shallbe adopted in accordance with the provisionsof ORS chapter 183. [1981 c.707 §6; 1989 c.6 §5; 1995c.733 §45]

469.609 Annual report to state agen-cies and local governments on shipmentof radioactive wastes. Annually, the Direc-tor of the State Department of Energy shallreport to interested state agencies and alllocal government agencies trained underORS 469.611 on shipment of radioactive ma-terial made during the preceding year. Thedirector′s report shall include:

(1) The type and quantity of materialtransported;

(2) Any mode of transportation used;(3) The route or routes taken; and(4) Any other information at the discre-

tion of the director. [1981 c.707 §8; 1989 c.6 §6; 2003c.186 §38]

469.611 Emergency preparedness andresponse program; radiation emergencyresponse team; training. NotwithstandingORS chapter 401:

(1) The Director of the State Departmentof Energy shall coordinate emergency pre-paredness and response with appropriateagencies of government at the local, stateand national levels to ensure that the re-sponse to a radioactive material transporta-tion accident is swift and appropriate tominimize damage to any person, property orwildlife. This program shall include thepreparation of localized plans setting forthagency responsibilities for on-scene response.

(2) The director shall:(a) Apply for federal funds as available to

train, equip and maintain an appropriate re-sponse capability at the state and local level;and

(b) Request all available training andplanning materials.

(3) The Department of Human Servicesshall maintain a trained and equipped radi-ation emergency response team available atall times for dispatch to any radiologicalemergency. Before arrival of the team at thescene of a radiological accident, the Directorof the State Department of Energy may des-ignate other technical advisors to work withthe local response agencies.

(4) The Department of Human Servicesshall assist the Director of the State Depart-ment of Energy to ensure that all emergencyservices organizations along major transportroutes for radioactive materials are offeredtraining and retraining in the proper proce-dures for identifying and dealing with aradiological accident pending the arrival ofpersons with technical expertise. The De-partment of Human Services shall report an-nually to the Director of the StateDepartment of Energy on training of emer-gency response personnel. [1981 c.707 §9; 1983c.586 §44; 1989 c.6 §7; 2003 c.186 §39; 2007 c.71 §151]

469.613 Records; inspection; rules. (1)Any person obtaining a permit under ORS469.605 shall establish and maintain any re-cords, make any reports and provide any in-formation as the Energy Facility SitingCouncil may by rule or order require to as-sure compliance with the conditions of thepermit or other rules affecting the transpor-tation of radioactive materials and submitthe reports and make the records and infor-mation available at the request of the Direc-tor of the State Department of Energy. Anyrequirement imposed by the council underthis subsection shall be consistent with reg-ulations of the United States Department ofTransportation and the United States Nu-clear Regulatory Commission.

(2) The director may authorize any em-ployee or agent of the director to enter upon,inspect and examine, at reasonable times andin a reasonable manner for the purpose of



administration or enforcement of the pro-visions of ORS 469.550, 469.563, 469.603 to469.619 and 469.992 or rules adopted there-under, the records and property of personswithin this state who have applied for per-mits under ORS 469.605.

(3) The director shall provide for:(a) The inspection of each highway route

controlled shipment prior to or upon entryof the shipment into this state or at the pointof origin for the transportation of highwayroute controlled shipments within the state;and

(b) Inspection of a representative sampleof shipments containing material required tobear a radioactive placard as specified byfederal regulations. [1981 c.707 §10; 1989 c.6 §8; 2003c.186 §40]

469.615 Indemnity for claims againststate insurance coverage certification;reimbursement for costs incurred in nu-clear incident. (1) A person transporting ra-dioactive materials in this state shallindemnify the State of Oregon and its poli-tical subdivisions and agents for any claimsarising from the release of radioactive mate-rial during that transportation and pay forthe cost of response to an accident involvingthe radioactive material.

(2) With respect to radioactive materials,the Director of the State Department of En-ergy shall ascertain and certify that insur-ance coverage required under 42 U.S.C. 2210is in force and effect at the time the permitis issued under ORS 469.605.

(3) A person who owns, designs or main-tains facilities, structures, vehicles or equip-ment used for handling, transportation,shipment, storage or disposal of nuclear ma-terial shall reimburse the state for all ex-penses reasonably incurred by the state or apolitical subdivision of the state, in protect-ing the public health and safety and the en-vironment from a nuclear incident or theimminent danger of a nuclear incidentcaused by the person′s acts or omissions.These expenses include but need not be lim-ited to, costs incurred for precautionaryevacuations, emergency response measuresand decontamination or other clean-up mea-sures. As used in this subsection “nuclearincident” has the meaning given that term in42 U.S.C. 2014(q).

(4) Nothing in subsection (3) of this sec-tion 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 En-ergy shall prepare and submit to the Gover-nor for transmittal to the LegislativeAssembly, on or before the beginning of each

regular legislative session, a comprehensivereport on the transportation of radioactivematerial in Oregon and provide an evalu-ation of the adequacy of the state′s emer-gency response agencies. The report shallinclude, but need not be limited to:

(1) A brief description and compilation ofany accidents and casualties involving thetransportation of radioactive material in Or-egon;

(2) An evaluation of the effectiveness ofenforcement activities and the degree ofcompliance with applicable rules;

(3) A summary of outstanding problemsconfronting the State Department of Energyin administering ORS 469.550, 469.563,469.603 to 469.619 and 469.992; and

(4) Such recommendations for additionallegislation as the Energy Facility SitingCouncil considers necessary and appropriate.[1981 c.707 §12; 1989 c.6 §10]

469.619 State Department of Energyto make federal regulations available. TheState Department of Energy shall maintainand make available copies of all federal reg-ulation and federal code provisions referredto in ORS 469.300, 469.550, 469.563, 469.603to 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 ENERGYCONSERVATION 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 thedwelling owner or to the contractor on be-half of the dwelling owner for energy con-servation measures.

(2) “Commercial lending institution”means any bank, mortgage banking company,trust company, savings bank, savings andloan association, credit union, nationalbanking association, federal savings and loanassociation or federal credit union maintain-ing an office in this state.

(3) “Commission” means the Public Util-ity Commission of Oregon.

(4) “Cost-effective” means that an energyconservation measure that provides or savesa specific amount of energy during its lifecycle results in the lowest present value ofdelivered energy costs of any available alter-native. However, the present value of thedelivered energy costs of an energy conser-vation measure shall not be treated asgreater than that of a nonconservation en-ergy resource or facility unless that cost isgreater than 110 percent of the present value



of the delivered energy cost of the noncon-servation energy resource or facility.

(5) “Dwelling” means real or personalproperty within the state inhabited as theprincipal residence of a dwelling owner or atenant. “Dwelling” includes a manufactureddwelling as defined in ORS 446.003, a floatinghome as defined in ORS 830.700 and a singleunit in multiple-unit residential housing.“Dwelling” does not include a recreationalvehicle as defined in ORS 446.003.

(6) “Dwelling owner” means the person:(a) Who has legal title to a dwelling, in-

cluding the mortgagor under a duly recordedmortgage of real property, the trustor undera duly recorded deed of trust or a purchaserunder a duly recorded contract for the pur-chase of real property; and

(b) Whose dwelling receives space heat-ing from the investor-owned utility.

(7) “Energy audit” means:(a) The measurement and analysis of the

heat loss and energy utilization efficiency ofa dwelling;

(b) An analysis of the energy savings anddollar savings potential that would resultfrom providing energy conservation measuresfor the dwelling;

(c) An estimate of the cost of the energyconservation measures that includes:

(A) Labor for the installation of itemsdesigned to improve the space heating andenergy utilization efficiency of the dwelling;and

(B) The items installed; and(d) A preliminary assessment, including

feasibility and a range of costs, of the poten-tial and opportunity for installation of:

(A) Passive solar space heating and solardomestic water heating in the dwelling; and

(B) Solar swimming pool heating, if ap-plicable.

(8) “Energy conservation measures”means measures that include the installationof items and the items installed to improvethe space heating and energy utilization effi-ciency of a dwelling. These items include,but are not limited to, caulking, weath-erstripping and other infiltration preventa-tive materials, ceiling and wall insulation,crawl space insulation, vapor barrier materi-als, timed thermostats, insulation of heatingducts, hot water pipes and water heaters inunheated spaces, storm doors and windows,double glazed windows and dehumidifiers.“Energy conservation measures” does not in-clude the dwelling owner′s own labor.

(9) “Investor-owned utility” means anelectric or gas utility regulated by the com-

mission as a public utility under ORS chap-ter 757.

(10) “Residential customer” means adwelling owner or tenant who, either directlyor indirectly, pays a share of the cost forservice billed by an investor-owned utility forelectric or natural gas service received atthe dwelling.

(11) “Space heating” means the heatingof living space within a dwelling.

(12) “Tenant” means a tenant as definedin 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 pro-gram. Each investor-owned utility shall havean approved residential energy conservationprogram that, to the Public Utility Commis-sion′s satisfaction:

(1) Makes available to all residentialcustomers of the utility information about:

(a) Energy conservation measures; and(b) Energy conservation measure financ-

ing available to dwelling owners.(2) Provides within 60 days of a request

by a residential customer or a dwellingowner, assistance and technical advice con-cerning various methods of saving energy inthat customer′s or dwelling owner′s dwellingincluding, but not limited to, an energy auditof the customer′s or dwelling owner′s dwell-ing.

(3) Provides financing for cost-effectiveenergy conservation measures approved bythe commission to a dwelling owner who oc-cupies the dwelling as a residential customeror rents the dwelling to a tenant who is aresidential customer. The minimum financingprogram shall give the dwelling owner achoice between a cash payment and a loan.The dwelling owner may not receive both acash payment and a loan. Completion of anenergy audit of the dwelling offered underthe program required by this section or de-scribed in ORS 469.685 shall be a conditionof eligibility for either a cash payment or aloan. Unless the commission approves higherlevels of assistance, the financing programshall provide:

(a) The following minimum levels of as-sistance:

(A) A loan for a dwelling owner with ap-proved credit upon the following terms ap-proved 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-halfpercent annually or, for a gas utility, an an-nual interest rate 10 percentage points lowerthan the rate published by the FederalHousing Administration for Title I property



improvement loans (24 C.F.R. 201.4 (a)) onthe date of the loan application, but notlower than six and one-half percent or higherthan 12 percent; and

(iii) A reasonable repayment period thatdoes not exceed 10 years; and

(B) A cash payment to a dwelling ownereligible under ORS 469.641 for the lesser of:

(i) Twenty-five percent of the cost of theenergy conservation measures provided inthe 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 orcash payments provided for each dwelling.

(d) That a dwelling owner who acquiresa dwelling for which a previous loan wasobtained under this section and ORS 469.631may obtain a loan or a cash payment for en-ergy conservation measures for the newlyacquired dwelling under circumstances in-cluding, but not necessarily limited to, when:

(A) The new dwelling owner chooses thesame financing option chosen by the previousdwelling owner who obtained financing un-der ORS 469.631 to 469.645; and

(B) There remain cost-effective energyconservation measures to be undertaken withregard to the dwelling.

(e) If the commission so determines, thatenergy conservation measures for any of thefollowing building and improvement activ-ities may not be financed under the financingprogram:

(A) Construction of a new dwelling; or(B) If the construction increases or oth-

erwise changes the living space in thedwelling:

(i) An addition or substantial alteration;or

(ii) Remodeling.(f) If the investor-owned utility so deter-

mines, that no cash payment shall be allowedor paid for the cost of energy conservationmeasures provided more than one year beforethe date of the application for payment.

(4) Provides for verification through areasonable number of inspections that energyconservation measures financed by theinvestor-owned utility are installed. The ver-ification provisions of the residential energyconservation program shall further providethat:

(a) An installation shall be performed insuch a workmanlike manner and with suchmaterials as to satisfy prevailing industrystandards; and

(b) The investor-owned utility shall pro-vide a post-installation inspection upon thedwelling owner′s request.

(5) For an electric utility, provides, uponthe dwelling owner′s request, informationrelevant to the specific site of a dwellingwith access to:

(a) Water resources that have hydroelec-tric potential;

(b) Wind, which means the naturalmovement of air at an annual average speedof at least eight miles an hour; or

(c) A resource area known to have geo-thermal space heating potential.

(6) Provides that the investor-owned util-ity will mail to a dwelling owner an offer toprovide energy conservation measures in ac-cordance with ORS 469.631 to 469.645 whena tenant who is the residential customer:

(a) Requests that the offer be mailed tothe dwelling owner; and

(b) Furnishes the dwelling owner′s nameand address with the request. [1981 c.778 §3; 1985c.745 §6; 1989 c.233 §2; 1991 c.67 §141; 1991 c.78 §1]

469.634 Contributions for urban andcommunity forest activities by customersof investor-owned utilities; rules; uses. (1)The Public Utility Commission of Oregon byrule shall establish a system to allow cus-tomers of investor-owned utilities to volun-tarily contribute an amount that is to beused for urban and community forest activ-ities within the area served by the utility.The amount shall be in addition to the cus-tomer′s utility bill. Investor-owned utilitiesmay choose to use the system established bythe commission.

(2) The utility shall pay to the StateForester the amount designated under sub-section (1) of this section. The State Forestershall deposit the moneys collected under thissection into the Urban and Community For-estry Subaccount established under ORS526.060.

(3) The State Forester shall use themoneys collected under this section for ur-ban and community forest activities. TheState Forester by rule, in consultation withthe Public Utility Commission of Oregon andlocal utilities, shall establish guidelines todistribute moneys collected under this sec-tion through the Urban and Community For-estry Assistance Program. The guidelinesshall include a requirement that moneys aredistributed for energy conservation, bymeans of tree plantings, care and mainte-nance.

(4) A utility shall not use more than 16percent of the moneys collected under thissection for administrative expenses. TheState Forester shall not use more than 16



percent of the moneys collected under thissection for administrative expenses.

(5) As used in this section, “urban andcommunity forest activities” means activitiesthat promote cost-effective energy conserva-tion. These activities may include the plant-ing, managing and maintaining of residential,street and park trees on public and privateland. [1993 c.388 §2]

469.635 Alternative program ofinvestor-owned utilities. (1) An investor-owned utility may meet the program sub-mission requirements of ORS 469.633 bysubmitting only the portions of its residentialenergy conservation program that are addedto or revised in its program approved undersection 4, chapter 889, Oregon Laws 1977, inorder to make that earlier program fulfill therequirements of ORS 469.633.

(2) An investor-owned utility shall offera dwelling owner a financing program forcost-effective energy conservation measuresthat includes the option of a cash paymentor a loan unless the investor-owned utilityoffers another financing program determinedby the Public Utility Commission to meet orexceed the program required in ORS 469.633(3). A program shall be considered to meetor exceed the program required in ORS469.633 (3) if it includes a financial incentiveto the residential customer with a presentvalue on November 1, 1981, that is equal toor greater than the present value of thelarger of:

(a) The loan subsidy pursuant to ORS469.633 (3)(a)(A); or

(b) The cash payment pursuant to ORS469.633 (3)(a)(B).

(3) An investor-owned utility that hasadopted an approved residential energy con-servation services program under the Na-tional Energy Conservation Policy Act(Public Law 95-619, as amended on November1, 1981) or signed an energy conservationagreement with the Bonneville Power Ad-ministration of the United States Departmentof Energy for a residential weatherizationprogram under section 6(a) of the PacificNorthwest Electric Power Planning andConservation Act (Public Law 96-501, asadopted December 5, 1980) that is determinedby the commission to meet or exceed the re-quirements in ORS 469.633 and 469.641 shallnot be required to submit a separate pro-gram. However, the provisions of ORS469.637, 469.639, 469.643 and 469.645 never-theless shall be applicable.

(4) In addition to the residential energyconservation program required in ORS469.633, an investor-owned utility may offerother energy conservation programs if the

commission determines the programs willpromote cost-effective energy conservation.[1981 c.778 §7; 1991 c.78 §2]

469.636 Additional financing programby investor-owned utility for rentaldwelling. In addition to the residential en-ergy conservation program approved underORS 469.633, an investor-owned utility mayoffer an additional financing program for en-ergy conservation measures for a dwellingowner who rents the dwelling to a tenantwhose dwelling unit receives energy forspace heating from the investor-owned util-ity. The financing program may consist, at aminimum, of either of the following:

(1) Offering low-interest loans to fund theentire cost of installed energy conservationmeasures up to $5,000 per dwelling unit. Inaddition to the loan subsidy provided underORS 469.633 (3), the loan shall be furthersubsidized by applying the present value tothe public utility of the tax credit receivedunder ORS 469.185 to 469.225. Any portionof the present value of the tax credit shallaccrue to the dwelling owner rather than tothe investor-owned utility.

(2) Offering cash payments in addition tothe cash payments required in ORS 469.633(3). The additional cash payment shall beequal to the present value of the tax creditreceived under ORS 469.185 to 469.225. [1985c.745 §11; 1989 c.765 §9]

469.637 Energy conservation part ofutility service of investor-owned utility.The provision of energy conservation mea-sures to a dwelling shall be considered partof the utility service rendered by theinvestor-owned utility. [1981 c.778 §4]

469.639 Billing for energy conservationmeasures. (1) Except as provided in subsec-tion (2) of this section, the Public UtilityCommission may require as part of aninvestor-owned utility residential energyconservation program that, for dwellingowners with approved credit, the utility addto the periodic utility bill for the owner-occupied dwelling for which energy conser-vation measures have been provided pursuantto ORS 469.631 to 469.645 an amount agreedto between the dwelling owner and theinvestor-owned utility.

(2) The commission shall allow aninvestor-owned utility to charge or bill adwelling owner separately from the periodicutility bill for energy conservation measuresprovided pursuant to ORS 469.631 to 469.645if that utility wishes to do so. [1981 c.778 §5]

469.641 Conditions for cash paymentsto dwelling owner by investor-ownedutility. 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 conservationmeasures unless:

(1) The measures were provided in thedwelling on or after November 1, 1981; and

(2) The measures will not be paid forwith other investor-owned utility grants orloans. [1981 c.778 §6; 1991 c.877 §39]

469.643 Formula for customercharges; rules. The Public Utility Commis-sion shall adopt by rule a formula underwhich the investor-owned utility shall chargeall customers to recover:

(1) The cost to the investor-owned utilityof the services required to be provided underORS 469.633; and

(2) Any bad debts, including casualtylosses, attributable to dwelling owner defaulton a loan for energy conservation measures.[1981 c.778 §8]

469.645 Implementation of program byinvestor-owned utility. After the PublicUtility Commission has approved the resi-dential energy conservation program of aninvestor-owned utility required by ORS469.633, the investor-owned utility promptlyshall implement that program. [1981 c.778 §9]

(Publicly Owned Utilities)469.649 Definitions for ORS 469.649 to


made by the publicly owned utility to thedwelling owner or to the contractor on be-half of the dwelling owner for energy con-servation measures.


(3) “Cost-effective” means that an energyconservation measure that provides or savesa specific amount of energy during its lifecycle results in the lowest present value ofdelivered energy costs of any available alter-native. However, the present value of thedelivered energy costs of an energy conser-vation measure shall not be treated asgreater than that of a nonconservation en-ergy resource or facility unless that cost isgreater than 110 percent of the present valueof the delivered energy cost of the noncon-servation energy resource or facility.

(4) “Dwelling” means real or personalproperty within the state inhabited as theprincipal residence of a dwelling owner or atenant. “Dwelling” includes a manufactureddwelling as defined in ORS 446.003, a floatinghome as defined in ORS 830.700 and a single

unit in multiple-unit residential housing.“Dwelling” does not include a recreationalvehicle as defined in ORS 446.003.



(b) Whose dwelling receives space heat-ing from the publicly owned utility.










(7) “Energy conservation measures”means measures that include the installationof items and the items installed to improvethe space heating and energy utilization effi-ciency of a dwelling. These items include,but are not limited to, caulking, weath-erstripping and other infiltration preventa-tive materials, ceiling and wall insulation,crawl space insulation, vapor barrier materi-als, timed thermostats, insulation of heatingducts, hot water pipes and water heaters inunheated spaces, storm doors and windows,double glazed windows and dehumidifiers.“Energy conservation measures” does not in-clude the dwelling owner′s own labor.

(8) “Publicly owned utility” means autility that:

(a) Is owned or operated in whole or inpart, by a municipality, cooperative associ-ation or people′s utility district; and

(b) Distributes electricity.(9) “Residential customer” means a

dwelling owner or tenant who is billed by apublicly owned utility for electric service re-ceived at the dwelling.




(11) “Tenant” means a tenant as definedin 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 pro-gram. Within 30 days after November 1,1981, each publicly owned utility shall sub-mit to the Director of the State Departmentof Energy a residential energy conservationprogram that:

(1) Makes available to all residentialcustomers of the utility information about:



by a residential customer of the publiclyowned utility or a dwelling owner, assistanceand technical advice concerning variousmethods of saving energy in that customer′sor dwelling owner′s dwelling including, butnot limited to, an energy audit of the cus-tomer′s or dwelling owner′s dwelling.

(3) Provides financing for cost-effectiveenergy conservation measures at the requestof a dwelling owner who occupies the dwell-ing as a residential customer or rents thedwelling to a tenant who is a residentialcustomer. The financing program shall givethe dwelling owner a choice between a cashpayment and a loan. The dwelling owner maynot receive both a cash payment and a loan.Completion of an energy audit of the dwell-ing offered under the program required bythis section or described in ORS 469.685 shallbe a condition of eligibility for either a cashpayment or a loan. The financing programshall provide:

(a) The following minimum levels of as-sistance:

(A) A loan for a dwelling owner with ap-proved 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 inthe 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 inloans or $350 in cash payments for eachdwelling;

(d) That a change in ownership of adwelling shall not prevent the new dwellingowner from obtaining a loan or a cash pay-ment for energy conservation measures forthe newly acquired dwelling under circum-stances including, but not necessarily limitedto, when:

(A) The new dwelling owner chooses thesame financing option chosen by the previousdwelling owner who obtained financing un-der ORS 469.649 to 469.659; and

(B) The amount of the financing is withinthe limit for that dwelling prescribed in par-agraph (c) of this subsection;

(e) If the publicly owned utility so deter-mines, that energy conservation measures forany of the following building and improve-ment activities may not be financed underthe financing program:

(A) Construction of a new dwelling; or(B) If the construction increases or oth-

erwise changes the living space in thedwelling:

(i) An addition or substantial alteration;or

(ii) Remodeling; and(f) If the publicly owned utility so deter-

mines, that no cash payment shall be allowedor paid for the cost of energy conservationmeasures provided more than one year beforethe date of the application for payment.

(4) Provides for verification through areasonable number of inspections that energyconservation measures financed by the pub-licly owned utility are installed. The verifi-cation provisions of the residential energyconservation program shall further providethat:

(a) An installation shall be performed insuch a workmanlike manner and with suchmaterials as to satisfy prevailing industrystandards; and

(b) The publicly owned utility shall pro-vide a post-installation inspection upon thedwelling owner′s request.

(5) Provides, upon the dwelling owner′srequest, information relevant to the specificsite of a dwelling with access to:

(a) Water resources that have hydroelec-tric potential;

(b) Wind, which means the naturalmovement of air at an annual average speedof at least eight miles an hour; or

(c) A resource area known to have geo-thermal space-heating potential.



(6) Provides that the publicly owned util-ity will mail to a dwelling owner an offer toprovide energy conservation measures in ac-cordance with ORS 469.649 to 469.659 whena tenant who is the residential customer:

(a) Requests that the offer be mailed tothe dwelling owner; and

(b) Furnishes the dwelling owner′s nameand address with the request. [1981 c.778 §11]

469.652 Contributions for urban andcommunity forest activities by customersof publicly owned utilities; rules; uses. (1)Publicly owned utilities may establish a sys-tem to allow customers of publicly ownedutilities to voluntarily contribute an amountthat is to be used for urban and communityforest activities within the area served bythe utility. The amount shall be in additionto the customer′s utility bill.

(2) The utility shall pay to the StateForester the amount designated under sub-section (1) of this section. The State Forestershall deposit the moneys collected under thissection into the Urban and Community For-estry Subaccount established under ORS526.060.

(3) The State Forester shall use themoneys collected under this section for ur-ban and community forest activities. TheState Forester by rule, in consultation withlocal utilities, shall establish guidelines todistribute moneys collected under this sec-tion through the Urban and Community For-estry Assistance Program. The guidelinesshall include a requirement that moneys aredistributed for energy conservation, bymeans of tree plantings, care and mainte-nance.

(4) A utility shall not use more than 16percent of the moneys collected under thissection for administrative expenses. TheState Forester shall not use more than 16percent of the moneys collected under thissection for administrative expenses.

(5) As used in this section, “urban andcommunity forest activities” means activitiesthat promote cost-effective energy conserva-tion. These activities may include the plant-ing, managing and maintaining of residential,street and park trees on public and privateland. [1993 c.388 §4]

469.653 Alternative program of pub-licly owned utility. (1) A publicly ownedutility may meet the program submission re-quirements of ORS 469.651 by submittingonly the portions of its residential energyconservation program that are added to orrevised in its program approved under sec-tion 4, chapter 887, Oregon Laws 1977, inorder to make that earlier program fulfill therequirements of ORS 469.651.

(2) A publicly owned utility shall offer adwelling owner a financing program forcost-effective energy conservation measuresthat includes the option of a cash paymentor a loan unless the publicly owned utilityoffers another financing program that meetsor exceeds the program required in ORS469.651 (3). A program shall be considered tomeet or exceed the program required in ORS469.651 (3) when it includes a financial in-centive to the residential customer with apresent value on November 1, 1981, that isequal to or greater than the present value ofthe larger of:

(a) The loan subsidy pursuant to ORS469.651 (3)(a)(A); or

(b) The cash payment pursuant to ORS469.651 (3)(a)(B).

(3) A publicly owned utility whose gov-erning body has adopted an approved resi-dential energy conservation services programunder the National Energy ConservationPolicy Act (Public Law 95-619, as amendedon November 1, 1981) or signed an energyconservation agreement with the BonnevillePower Administration of the United StatesDepartment of Energy for a residentialweatherization program under section 6(a) ofthe Pacific Northwest Electric Power Plan-ning and Conservation Act (Public Law96-501, as adopted December 5, 1980) thatmeets or exceeds the requirements of ORS469.651 and 469.657 shall not be required tosubmit a separate program. However, theprovisions of ORS 469.655 and 469.659 never-theless shall be applicable. [1981 c.778 §14]

469.655 Energy conservation as partof utility service of publicly owned utility.The provision of energy conservation mea-sures to a dwelling shall be considered partof the utility service rendered by the publiclyowned utility. [1981 c.778 §12]

469.657 Conditions for cash paymentsto dwelling owner by publicly owned util-ity. Except as provided in section 31, chapter778, Oregon Laws 1981, a publicly ownedutility shall not make a cash payment to adwelling owner for energy conservation mea-sures unless:

(1) The measures were provided in thedwelling on or after November 1, 1981.

(2) The measures will not be paid forwith other publicly owned utility grants orloans. [1981 c.778 §13; 1991 c.877 §40]

469.659 Implementation of program bypublicly owned utility. After the publiclyowned utility has submitted to the Directorof the State Department of Energy the resi-dential energy conservation program re-quired by ORS 469.651, the publicly ownedutility promptly shall implement that pro-gram. [1981 c.778 §15]



(Oil Dealers)469.673 Definitions for ORS 469.673 to


made by the State Department of Energy tothe dwelling owner or to the contractor onbehalf of the dwelling owner for energy con-servation measures.


(3) “Cost-effective” means that an energyconservation measure that provides or savesa specific amount of energy during its lifecycle results in the lowest present value ofdelivered energy costs of any available alter-native. However, the present value of thedelivered energy costs of an energy conser-vation measure shall not be treated asgreater than that of a nonconservation en-ergy resource or facility unless that cost isgreater than 110 percent of the present valueof the delivered energy cost of the noncon-servation energy resource or facility.





(b) Whose dwelling receives space heat-ing from a fuel oil dealer.










(8) “Energy conservation measures”means measures that include the installationof items and the items installed that are pri-marily designed to improve the space heatingand energy utilization efficiency of a dwell-ing. These items include, but are not limitedto, caulking, weatherstripping and other in-filtration preventative materials, ceiling andwall insulation, crawl space insulation, vaporbarrier materials, timed thermostats, insu-lation of heating ducts, hot water pipes andwater heaters in unheated spaces, stormdoors and windows, double glazed windows,and dehumidifiers. “Energy conservationmeasures” does not include the dwellingowner′s own labor.

(9) “Fuel oil dealer” means a person, as-sociation, corporation or other form of or-ganization that supplies fuel oil at retail forthe space heating of dwellings.

(10) “Residential customer” means adwelling owner or tenant who is billed by afuel oil dealer for fuel oil service received atthe dwelling.


(12) “Tenant” means a tenant as definedin ORS 90.100 or any other tenant. [1981 c.778§16; 1987 c.749 §8; 1989 c.648 §68; 1995 c.551 §15; 2003c.186 §43]

469.675 Oil dealer program. Within 30days after November 1, 1981, each fuel oildealer shall submit for the approval of theDirector of the State Department of Energya residential energy conservation programthat, to the director′s satisfaction:

(1) Makes available to all residentialcustomers of the fuel oil dealer informationabout:



by a residential customer of the fuel oildealer or a dwelling owner, assistance andtechnical advice concerning various methodsof saving energy in that customer′s or dwell-ing owner′s dwelling including, but not lim-



ited to, an energy audit of the customer′s ordwelling owner′s dwelling. [1981 c.778 §17]

469.677 Contracts for information, as-sistance and technical advice; standardsfor energy audits. (1) The Director of theState Department of Energy shall contractand a fuel oil dealer may rely upon the di-rector to contract for the information, as-sistance and technical advice required to beprovided by a fuel oil dealer under ORS469.675.

(2) The director shall adopt standards forenergy audits required under ORS 469.675 byrule in accordance with the rulemaking pro-visions of ORS chapter 183. [1981 c.778 §18; 2003c.186 §44]

469.679 Implementation by fuel dealer.After the Director of the State Departmentof Energy has approved the residential en-ergy conservation program of a fuel oildealer required by ORS 469.675, the fuel oildealer promptly shall implement that pro-gram. [1981 c.778 §19]

469.681 Petroleum supplier assess-ment; computation; effect of failure topay; interest. (1) Each petroleum suppliershall pay to the State Department of Energyannually its share of an assessment to fund:

(a) Information, assistance and technicaladvice required of fuel oil dealers under ORS469.675 for which the Director of the StateDepartment of Energy contracts under ORS469.677; and

(b) Cash payments to a dwelling owneror contractor for energy conservation mea-sures.

(2) The amount of the assessment re-quired by subsection (1) of this section shallbe determined by the director in a mannerconsistent with the method prescribed inORS 469.421. The aggregate amount of theassessment shall not exceed $400,000. Inmaking this assessment, the director shallexclude all gallons of distillate fuel oil soldby petroleum suppliers that are subject tothe requirements of section 3, Article IX ofthe Oregon Constitution, or ORS 319.020 or319.530.

(3) If any petroleum supplier fails to payany amount assessed to it under this sectionwithin 30 days after the payment is due, theAttorney General, on behalf of the State De-partment of Energy, may institute a proceed-ing in the circuit court to collect the amountdue.

(4) Interest on delinquent assessmentsshall be added to and paid at the rate of oneand one-half percent of the payment due permonth or fraction of a month from the datethe payment was due to the date of payment.

(5) The assessment required by subsec-tion (1) of this section is in addition to anyassessment required by ORS 469.421 (8), andany other fee or assessment required by law.

(6) As used in this section, “petroleumsupplier” means a petroleum refiner in thisstate or any person engaged in the wholesaledistribution of distillate fuel oil in the Stateof 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]

469.683 Oil-Heated Dwellings EnergyAudit Account. (1) There is established,separate and distinct from the General Fund,the Oil-Heated Dwellings Energy Audit Ac-count. Moneys deposited in the account un-der subsections (2) to (5) of this section shallbe used to pay the cost of the information,assistance and technical advice required offuel oil dealers under ORS 469.675 for whichthe Director of the State Department of En-ergy contracts under ORS 469.677.

(2) The State Department of Energy shallpay into the State Treasury all assessmentmoneys received by the department underORS 469.681 during the preceding calendarmonth. The State Treasurer shall deposit themoneys to the credit of the Oil-HeatedDwellings Energy Audit Account.

(3) The moneys in the Oil-Heated Dwell-ings Energy Audit Account are continuouslyappropriated to the State Department of En-ergy for the purpose of:

(a) Paying the cost of information, as-sistance and technical advice required of fueloil dealers under ORS 469.675 for which thedirector contracts under ORS 469.677; and

(b) Providing cash payments to a dwell-ing owner or contractor for energy conser-vation measures.

(4) Notwithstanding ORS 293.140, any in-terest attributable to moneys in the Oil-Heated Dwellings Energy Audit Accountshall accrue to that account.

(5) The State Department of Energy shallkeep a record of all moneys deposited in theOil-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-ownedutility, as defined in ORS 469.631, or a pub-licly owned utility, as defined in ORS469.649, who applies for financing under theprovisions of ORS 316.744, 317.386 and469.631 to 469.687, may use without obtaininga new energy audit an energy audit obtainedfrom an energy supplier under chapter 887,Oregon Laws 1977, or a public utility under



chapter 889, Oregon Laws 1977, before No-vember 1, 1981. [1981 c.778 §30; 2003 c.46 §51]

469.687 Title for ORS 469.631 to469.687. ORS 316.744, 317.386 and 469.631 to469.687 shall be known as the Oregon Resi-dential 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 resi-dence” defined. (1) The Residential Struc-tures Board, after public hearing, shall adopta recommended voluntary energy efficiencyrating system for single family residencesand provide the State Department of Energywith a copy thereof.

(2) The rating system shall provide a sin-gle numerical value or other simple concisemeans to measure the energy efficiency ofany single family residence, taking into ac-count factors including, but not limited to,the heat loss characteristics of ceilings,walls, floors, windows, doors and heatingducts.

(3) Upon adoption of the rating systemunder subsections (1) and (2) of this section,the department shall publicize the availabil-ity of the system, and encourage its volun-tary use in real estate transactions.

(4) As used in subsections (1) to (3) ofthis section, “single family residence” meansa structure designed as a residence for onefamily and sharing no common wall with an-other residence of any type. [1977 c.413 §§1,2,3;1993 c.744 §113; 2003 c.675 §44]

(Low Interest Loans)469.710 Definitions for ORS 469.710 to

469.720. As used in ORS 469.710 to 469.720,unless the context requires otherwise:

(1) “Annual rate” means the yearly in-terest rate specified on the note, and is notthe annual percentage rate, if any, disclosedto the applicant to comply with the federalTruth in Lending Act.


(3) “Cost-effective” means that an energyconservation measure that provides or savesa specific amount of energy during its lifecycle results in the lowest present value ofdelivered energy costs of any available alter-native. However, the present value of thedelivered energy costs of an energy conser-

vation measure may not be treated as greaterthan that of a nonconservation energy re-source or facility unless that cost is greaterthan 110 percent of the present value of thedelivered energy cost of the nonconservationenergy resource or facility.


(5) “Dwelling owner” means the personwho has legal title to a dwelling, includingthe mortgagor under a duly recorded mort-gage of real property, the trustor under aduly recorded deed of trust or a purchaserunder a duly recorded contract for purchaseof real property.










(7) “Energy conservation measures”means measures that include the installationof items and the items installed that are pri-marily designed to improve the space heatingand energy utilization efficiency of a dwell-ing. These items include, but are not limitedto, caulking, weatherstripping and other in-filtration preventative materials, ceiling andwall insulation, crawl space insulation, vaporbarrier materials, timed thermostats, insu-lation of heating ducts, hot water pipes andwater heaters in unheated spaces, stormdoors and windows, double glazed windowsand dehumidifiers. “Energy conservationmeasures” does not include the dwellingowner′s own labor.



(8) “Finance charge” means the total ofall interest, loan fees and other charges re-lated to the cost of obtaining credit and in-cludes any interest on any loan fees financedby the lending institution.

(9) “Fuel oil dealer” means a person, as-sociation, corporation or any other form oforganization that supplies fuel oil at retailfor the space heating of dwellings.

(10) “Residential fuel oil customer”means a dwelling owner or tenant who isbilled by a fuel oil dealer for fuel oil servicefor space heating received at the dwelling.


(12) “Wood heating resident” means aperson whose primary space heating is pro-vided 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 toresidential fuel oil customers, or who are orwho rent to wood heating residents, shall beeligible for low-interest loans for cost-effective energy conservation measuresthrough commercial lending institutions.

(2) The annual rate shall not exceed sixand one-half percent annually for loans pro-vided by commercial lending institutions todwelling owners who are or who rent to res-idential fuel oil customers, or who are orwho rent to wood heating residents for thepurpose of financing energy conservationmeasures pursuant to ORS 469.710 to 469.720.[1981 c.894 §§23,24; 1987 c.749 §6]

469.717 When installation to be com-pleted. (1) Installation of the energy conser-vation measures must be completed within90 days after receipt of loan funds. The StateDepartment of Energy may provide an in-spection at the owner′s request.

(2) Notwithstanding the provisions ofsubsection (1) of this section, the departmentmay inspect installation of energy conserva-tion measures to verify that all loan or otherstate subsidy funds have been used for en-ergy conservation measures recommended inthe audit, that installation has been per-formed in a workmanlike manner and thatmaterials used satisfy prevailing industrystandards. If requested to do so by the de-partment, the dwelling owner shall providethe department with copies of receipts andany other documents verifying the cost ofenergy conservation measures. [1987 c.749 §3]

469.719 Eligibility of lender for taxcredit not affected by owner′s failure. El-igibility of the lender for any tax credit un-der ORS 317.112 shall not be affected by anydwelling owner′s failure to use the loan for

qualifying energy conservation measures.[1987 c.749 §4]

469.720 Energy audit required; per-mission to inspect required; owner not toreceive other incentives. (1) A dwellingowner who is or who rents to a residentialfuel oil customer, or who is or who rents toa wood heating resident, may not apply forlow-interest financing under ORS 469.710 to469.720 unless:

(a) The dwelling owner, customer or res-ident has first requested and obtained an en-ergy audit from a fuel oil dealer, a publiclyowned utility or an investor-owned utility orfrom a person under contract with the StateDepartment of Energy under ORS 316.744,317.111, 317.386 and 469.631 to 469.687;

(b) The dwelling owner first submits tothe department written permission to inspectthe installations to verify that installation ofenergy conservation measures has beenmade;

(c) The dwelling owner presents to thelending institution a copy of the energy audittogether with certification that the dwellingin question receives space heating from fueloil or wood and a copy of the written per-mission to inspect submitted to the depart-ment under paragraph (b) of this subsection;and

(d) The dwelling owner does not receiveany other state incentives for that part ofthe cost of the energy conservation measuresto be financed by the loan.

(2) Any dwelling owner applying for low-interest financing under ORS 469.710 to469.720 who is or who rents to a residentialfuel oil customer, or who is or who rents toa wood heating resident, may use withoutobtaining a new energy audit any assistanceand technical advice obtained from an energysupplier before November 1, 1981, underchapter 887, Oregon Laws 1977, or from apublic utility under chapter 889, OregonLaws 1977, including an estimate of cost forinstallation of weatherization materials. [1981c.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 topromote voluntary measures to conserve en-ergy in public buildings or groups of build-ings constructed prior to January 1, 1978,through the adoption of energy conservationstandards. [1977 c.853 §1]

469.735 Definitions for ORS 469.730 to469.745. As used in ORS 469.730 to 469.745,unless the context requires otherwise:

(1) “Department” means the Departmentof Consumer and Business Services.



(2) “Director” means the Director of theDepartment of Consumer and Business Ser-vices.

(3) “Public building” means any publiclyor privately owned building constructed priorto January 1, 1978, including the outdoorareas adjacent thereto, which:

(a) Is open to and frequented by the pub-lic; or

(b) Serves as a place of employment. [1977c.853 §2; 1987 c.414 §154; 1993 c.744 §114]

469.740 Rules establishing energy con-servation standards for public buildings;bases. In accordance with ORS chapter 183and after consultation with the BuildingCodes Structures Board and the State De-partment of Energy, the Director of the De-partment of Consumer and Business Servicesshall adopt rules establishing energy conser-vation standards for public buildings. Thestandards shall provide means of measuringand reducing total energy consumption andshall take into account:

(1) The climatic conditions of the areasin which particular buildings are located;and

(2) The three basic systems comprisingany functioning building, which are:

(a) Energized systems such as those re-quired for heating, cooling, lighting, venti-lation, conveyance and business equipmentoperation.

(b) Nonenergized systems such as floors,ceilings, walls, roof and windows.

(c) Human systems such as maintenance,operating and management personnel, ten-ants and other users. [1977 c.853 §3; 1987 c.414§154a; 1993 c.744 §115]

469.745 Voluntary compliance pro-gram. To provide the public with a guide forenergy conservation, the Director of theState Department of Energy shall adopt aprogram for voluntary compliance by thepublic with the standard adopted by the Di-rector of the Department of Consumer andBusiness Services under ORS 469.740. [1977c.853 §4; 1987 c.414 §155]

469.750 State purchase of alternativefuels. (1) Any state agency, board, commis-sion, department or division that is author-ized to purchase or otherwise acquire fuel forthe systems providing heating, air condition-ing, lighting and the supply of domestic hotwater for public buildings and grounds mayenter into long-term contracts for the pur-chase of alternative fuels. Such contractsmay 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 andproducts derived therefrom. The term in-

cludes, but is not limited to, solid wastes orfuels derived from solid wastes.

(b) “Public buildings and grounds” hasthe meaning given that term in ORS 276.210.[1981 c.386 §6]


(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 im-provement of the efficiency of energy usethrough conservation, development of cogen-eration facilities or use of renewable re-sources. “Project” does not include a plan ofa state agency to improve the efficiency ofenergy use in a state rented facility if thepayback period for the project exceeds theterm of the current state lease for that facil-ity.

(2) “Savings” means any reduction in en-ergy costs or net income derived from thesale of energy generated through a project.

(3) “State agency” has the meaning giventhat term in ORS 278.005. [1991 c.487 §1; 1993 c.86§1; 1995 c.551 §16; 2003 c.186 §47]


469.754 Authority of state agencies toestablish projects; use of savings; rules.(1) State agencies are authorized to enterinto such contractual and other arrange-ments as may be necessary or convenient todesign, develop, operate and finance projectson-site at state owned or state rented facili-ties. In developing such projects, state agen-cies shall offer a right of first refusal of twomonths for conservation and direct userenewable resources and three months forcogeneration and generating renewable re-sources to each local utility providing utilityservice to the agency to jointly develop, fi-nance, operate and otherwise act together inthe development and operation of such proj-ects. The State Department of Energy shalladopt rules to establish the procedure bywhich the right of first refusal shall be ad-ministered. In adopting the rules, the depart-ment shall insure that the local utilityproviding utility service to the state agencyis entitled to the first right to negotiate withthe state agency and that the utility is enti-tled to match any offer made by any otherentity to participate in the project. The de-partment also shall adopt procedures thatinsure that the right to first negotiate and



the right to match any offer applies to thesale of electrical or steam output from theproject.

(2)(a) For as long as a project establishedunder ORS 469.752 to 469.756 producessavings:

(A) A state agency′s budget shall not becut because of savings due to the project;and

(B) A state agency shall retain 50 percentof the net savings to the state agency afterany project debt service.

(b) Savings from a project shall be de-posited in a revolving fund administered bythe state agency.

(3) A state agency shall spend thesavings under subsection (2) of this sectionto increase productivity through:

(a) Energy efficiency projects;(b) High-tech improvements, such as the

purchase or installation of new desktop orlaptop computers or the linkage of computersinto systems or networks; or

(c) Infrastructure improvements.(4) The moneys credited to the revolving

fund may be invested and reinvested as pro-vided in ORS 293.701 to 293.790. Notwith-standing ORS 293.105 (3) or any otherprovision of law, interest or other earningson moneys in the revolving fund shall becredited to the revolving fund.

(5) The remaining 50 percent of netsavings to the state agency after any projectdebt service shall be deposited in the GeneralFund.

(6) Nothing in ORS 469.752 to 469.756authorizes a state agency to sell electricityto an entity other than an investor ownedutility, a publicly owned utility, an electriccooperative utility or the Bonneville PowerAdministration.

(7) Nothing in ORS 469.752 to 469.756limits the authority of a state agency con-ferred by any other provision of law, or af-fects any authority, including the authorityof a municipality, to regulate utility serviceunder existing law. [1991 c.487 §2; 1993 c.86 §2]


469.756 Rules; technical assistance;evaluations. The State Department of En-ergy in consultation with other state agen-cies and utilities shall adopt rules, guidelinesand procedures that are necessary to estab-lish savings for projects and to implementother provisions of ORS 469.752 to 469.756,including, but not limited to, rules prescrib-ing the procedures to be followed by anagency in negotiating with local utilities todevelop agreements suitable for the joint de-

velopment of projects, and procedures to de-termine which local utility, if any, shall bechosen to jointly develop the project. Thedepartment may enter into agreements underORS chapter 190 with state agencies to pro-vide technical assistance in selecting appro-priate projects and to evaluate and determineenergy and cost savings. [1991 c.487 §3]


BIOFUELS AND BIOMASS469.785 Fuel blends and solid biofuels;

qualification for tax credits; rules. TheState Department of Energy shall by ruleidentify categories of fuel blend and solidbiofuel that qualify for the personal incometax credit allowed under ORS 315.465. [2007c.739 §31]

Note: Sections 8a, 8b and 32, chapter 739, OregonLaws 2007, provide:

Sec. 8a. The State Department of Energy shall pe-riodically conduct an impact study of the biofuels pro-gram. The study will include but is not limited to thefollowing criteria with respect to the biofuel sector inthis state:

(1) Jobs created;(2) Average wage rates for those jobs;(3) The provision of health care and other benefits;(4) The extent to which workforce training oppor-

tunities are being provided to employees;(5) The number of acres of biofuel feedstock

planted;(6) The number of gallons of biofuel blended fuel

produced and consumed in the state;(7) The cost of fuel with biofuel blends and how

that compares with the cost of petroleum fuel;(8) Environmental impacts such as reductions in

greenhouse gas emissions and other toxic air pollution;(9) The impact of biofuel feedstock production on

the price of commodity crops and the cost of food sta-ples; and

(10) The extent to which Oregon producers importbiofuel or biofuel feedstock from outside the state. [2007c.739 §8a]

Sec. 8b. (1) The State Department of Energy shallconduct the first study under section 8a of this 2007 Acttwo years after the effective date of this 2007 Act[September 27, 2007].

(2) Section 8a of this 2007 Act is repealed January2, 2025. [2007 c.739 §8b]

Sec. 32. The State Department of Energy shalladopt rules under section 31 of this 2007 Act [469.785]on or before 60 days after the effective date of this 2007Act [September 27, 2007]. [2007 c.739 §32]

469.790 Biomass; eligibility for taxcredits. To be eligible for the tax credit un-der ORS 315.141, the biomass must beproduced or collected in Oregon as afeedstock for bioenergy or biofuel productionin Oregon. The credit rates for biomass are:

(1) For oil seed crops, $0.05 per pound.(2) For grain crops, including but not

limited to wheat, barley and triticale, $0.90per bushel.



(3) For virgin oil or alcohol delivered forproduction in Oregon from Oregon-basedfeedstock, $0.10 per gallon.

(4) For used cooking oil or waste grease,$0.10 per gallon.

(5) For wastewater biosolids, $10.00 perwet ton.

(6) For woody biomass collected fromnursery, orchard, agricultural, forest orrangeland property in Oregon, including butnot limited to prunings, thinning, plantationrotations, log landing or slash resulting fromharvest or forest health stewardship, $10.00per green ton.

(7) For grass, wheat, straw or othervegetative biomass from agricultural crops,$10.00 per green ton.

(8) For yard debris and municipally gen-erated food waste, $5.00 per wet ton.

(9) For animal manure or rendering offal,$5.00 per wet ton. [2007 c.739 §5]


Sec. 6. (1) Sections 2 [315.141], 3 [315.144] and 5[469.790], chapter 739, Oregon Laws 2007, apply to taxcredits for tax years beginning on or after January 1,2007, and before January 1, 2013.

(2) Notwithstanding subsection (1) of this section,a tax credit is not allowed for wheat grain (other thannongrain wheat material) before tax years beginning onor after January 1, 2009, or on or after January 1, 2013.[2007 c.739 §6; 2007 c.590 §5]

469.800 [1981 c.49 §1; renumbered 469.803 in 1999]

PACIFIC NORTHWEST ELECTRICPOWER AND CONSERVATION

PLANNING COUNCIL469.802 Definition for ORS 469.802 to

469.845. As used in ORS 469.802 to 469.845,“council” means the Pacific Northwest Elec-tric Power and Conservation Planning Coun-cil. [1999 c.59 §141]

469.803 Oregon participation in PacificNorthwest Electric Power and Conserva-tion Planning Council. The State of Oregonagrees to participate in the formation of thePacific Northwest Electric Power and Con-servation Planning Council pursuant to thePacific Northwest Electric Power Planningand Conservation Act of 1980, Public Law96-501. Participation of the State of Oregonin the council is essential to assure adequaterepresentation for the citizens of Oregon indecision making to achieve cost-effective en-ergy conservation, to encourage the develop-ment of renewable energy resources, toestablish a representative regional powerplanning process, to assure the PacificNorthwest region of an efficient and ade-quate power supply and to fulfill the otherpurposes stated in section 2 of Public Law96-501. [Formerly 469.800]

469.805 State members of council;confirmation; qualifications. (1) The Gov-ernor, subject to Senate confirmation pursu-ant to section 4, Article III of the OregonConstitution, shall appoint two persons toserve as members of the Pacific NorthwestElectric Power and Conservation PlanningCouncil for terms of three years.

(2) In making the appointments undersubsection (1) of this section, the Governorshall consider but is not limited to:

(a) Prior experience, training and educa-tion as related to the duties and functions ofthe council and the priorities contained insection 4 of Public Law 96-501.

(b) General knowledge of the concerns,conditions and problems of the physical, so-cial and economic environment of the Stateof Oregon.

(c) The need for diversity of experienceand education related to the functions andduties of the council and priorities of PublicLaw 96-501.

(3) Of the persons appointed under sub-section (1) of this section, not more than onemember of the Oregon delegation to thecouncil shall reside within the boundary ofan area that includes the First and ThirdCongressional Districts as described in ORS188.135 and the Portland, Oregon, StandardMetropolitan Statistical Area. [1981 c.49 §2; 1995c.156 §1; 1997 c.249 §168]

469.810 Conflicts of interest prohib-ited. (1) A Pacific Northwest Electric Powerand Conservation Planning Council memberor member of the council member′s house-hold may not own or have any beneficial in-terest in any stock or indebtedness of anyutility or direct service industry.

(2) A council member or a member of thecouncil member′s household may not be adirector, officer, agent or employee of anyutility or direct service industry.

(3) A council member or a member of thecouncil member′s household may not be adirector, officer, agent or employee of or holdany proprietary interest in any consultingfirm that does business with any utility ordirect service industry.

(4) A council member or a member of thecouncil member′s household may not receiveany compensation from any utility or directservice industry arising out of the member′sbusiness, trade or profession.

(5) A council member is a public officialsubject to the provisions and reporting re-quirements of ORS chapter 244.

(6) A council member must be a citizenof the United States and must have residedin the State of Oregon for at least one yearpreceding appointment.



(7) A council member may not hold anyother elected or appointed lucrative publicoffice or be principally engaged in any otherbusiness or vocation.

(8) As used in this section:(a) “Beneficial interest” does not include

an interest in a pension fund, a mutual fundor an insurance fund.

(b) “Consulting firm” means any corpo-ration, partnership or sole proprietorshipwhose principal business is providing per-sonal services.

(c) “Member of the household” meansany relative who resides with the councilmember.

(d) “Relative” means the spouse of thecouncil member, any children of the councilmember or of the council member′s spouse,and brothers, sisters or parents of the coun-cil member or of the council member′sspouse.

(e) “Utility or direct service industry”means a utility or direct service industrycustomer that purchases electrical energydirectly from the Bonneville Power Adminis-tration. [1981 c.49 §3; 1987 c.566 §23; 2007 c.865 §38]

469.815 Status of members; duties; at-tendance at public meetings; technicalassistance. (1) Persons appointed by theGovernor and confirmed by the Senate toserve as Pacific Northwest Electric Powerand Conservation Planning Council membersshall be considered to be full-time state pub-lic officials. Council members shall performthe duties of members of the council asspecified in Public Law 96-501, consistentlywith the priorities contained in section 4thereof and as otherwise provided in statelaw.

(2) If public meetings are held in theState of Oregon, pursuant to section 4(g)(1)of Public Law 96-501, council members musteither attend the meeting or otherwise be-come familiar with the nature and contentof the meeting.

(3) A council member may request, andstate agencies shall provide, technical assist-ance to assist the council member in per-forming the council member′s duties. [1981 c.49§4]

469.820 Term; reappointment; va-cancy. (1) Each Pacific Northwest ElectricPower and Conservation Planning Councilmember shall serve a term ending January15 of the third year following appointment.A council member, except upon removal asprovided in ORS 469.830 (2), continues toserve as a member of the council until asuccessor is appointed and confirmed.

(2) A council member is eligible for re-appointment, subject to Senate confirmation,

but no member shall serve more than threeconsecutive terms. A council member whoserves 18 months or more of a term shall beconsidered to have served a full term. How-ever, with respect to the initial term con-sisting of two years, a council member whoserves 12 months or more shall be consideredto have served a full term.

(3) Within 30 days of the creation of avacancy in the position of a council member,the Governor shall appoint a person to servethe succeeding term or the remainder of theunexpired term. However, the Governor neednot appoint a person to serve the remainderof the unexpired term if the vacancy occurswithin 30 days or less of the expiration of theterm. [1981 c.49 §5]

469.825 Prohibited activities of mem-bers. (1) A person who has been a PacificNorthwest Electric Power and ConservationPlanning Council member shall not engagein any of the activities prohibited by ORS469.810 (2) and (3), within one year afterceasing to be a council member.

(2) A person who has been a councilmember shall not appear as a representativeof any party on any matter before the coun-cil within three years after ceasing to be acouncil member.

(3) A person who has been a councilmember shall not represent, aid, counsel,consult or advise for financial gain any per-son on any matter before the council withinthree years after ceasing to be a councilmember.

(4) A person who has been a councilmember shall not appear for financial gainas a representative of or aid, counsel or ad-vise any party before the council or theBonneville Power Administration or commu-nicate with the council or the BonnevillePower Administration with the intent to in-fluence the outcome of any decision on anymatter in which the council member wassubstantially and personally involved whileon the council.

(5) Notwithstanding the status of councilmembers as state officers, the provisions of18 U.S.C. 207 relating to post-employmentactivities shall be considered to be state lawin so far as they do not conflict therewith,applicable to council members appointedpursuant to ORS 469.802 to 469.845 and469.990 (3), regardless of the salary paid tothe council members.

(6) Subsections (2) to (5) of this sectionshall not apply to any appearance, attend-ance, communication or other action on be-half of the State of Oregon; nor shallsubsections (2) to (5) of this section apply toan appearance or communication made inresponse to a subpoena. [1981 c.49 §6]



469.830 Removal of members; grounds;procedure. (1) Pacific Northwest ElectricPower and Conservation Planning Councilmembers shall serve at the pleasure of theGovernor, except as provided in subsection(2) of this section.

(2) The Governor shall remove a councilmember for the following causes:

(a) Failure to attend three consecutivecouncil meetings except for good cause.

(b) Conviction of a felony.(c) Violation of ORS chapter 244.(d) Violation of ORS 469.810.(3) Before removal of a council member

by the Governor, the council member shallbe given a written statement of the reasonsfor removal and, upon request by the mem-ber, an opportunity to be heard publicly onsuch reasons before the Governor. A copy ofthe statement of reasons and a transcript ofthe record of the hearing shall be filed withthe Secretary of State. [1981 c.49 §7]

469.835 Salary of members; staff. (1)Each Pacific Northwest Electric Power andConservation Planning Council member shallreceive a salary not to exceed the salary ofa member of the Public Utility Commission,or the maximum salary authorized undersection 4(a)(3) of Public Law 96-501.

(2) Each council member is entitled toappoint one secretarial staff assistant whoshall be in the unclassified service. [1981 c.49§8; 1989 c.171 §64]

469.840 Northwest Regional Power andConservation Account; uses. (1) There isestablished a Northwest Regional Power andConservation Account. Moneys received pur-suant to Public Law 96-501 shall be placed inthe account.

(2) The account created by subsection (1)of this section is continuously appropriatedfor disbursement to state agencies, includingbut not limited to the Public Utility Com-mission, the State Department of Energy, theState Department of Fish and Wildlife andthe Water Resources Department to carryout the purposes of Public Law 96-501, sub-ject to legislative approval or limitation bylaw or Emergency Board action. [1981 c.49 §9;1987 c.158 §99; 2003 c.186 §48]

469.845 Annual report to Governorand legislature. Pacific Northwest ElectricPower and Conservation Planning Councilmembers shall prepare a report which shallbe presented to the Governor and to thePresident of the Senate and the Speaker ofthe House of Representatives of the Legisla-tive Assembly on October 1 of each year. Thereport shall include a review of the council′sactions during the prior year. [1981 c.49 §10]

COMMERCIAL ENERGYCONSERVATION SERVICES PROGRAM

469.860 Definitions for ORS 469.860 to469.900. (1) As used in ORS 469.865 to469.875, 469.900 (1) and (2) and subsection (2)of this section:

(a) “Commercial building” means a publicbuilding as defined in ORS 455.560.

(b) “Commission” means the Public Util-ity Commission.

(c) “Conservation services” means pro-viding energy audits or technical assistancefor energy conservation measures as part ofa program approved under ORS 469.860 to469.900.

(d) “Electric utility” means a public util-ity, as defined in ORS 757.005, whichproduces, transmits, delivers or furnisheselectric power and is regulated by the com-mission under ORS chapter 757.

(e) “Energy conservation measure”means a measure primarily designed to im-prove the efficiency of energy use in a com-mercial building. “Energy conservationmeasures” include, but are not limited to,improved operation and maintenance mea-sures, energy use analysis procedures, light-ing system improvements, heating,ventilating and air conditioning system mod-ifications, furnace and boiler efficiency im-provements, automatic control systemsincluding wide dead band thermostats, heatrecovery devices, infiltration controls, envel-ope weatherization, solar water heaters andwater heating heat pumps.

(2) As used in ORS 469.865 and 469.900(2), “gas utility” means a public utility, asdefined in ORS 757.005, which delivers orfurnishes natural gas to customers for heat,light or power.

(3) As used in ORS 469.880 to 469.895 and469.900 (3):

(a) “Commercial building” means a publicbuilding as defined in ORS 455.560.

(b) “Conservation services” has themeaning given in subsection (1) of this sec-tion.

(c) “Energy conservation measure” hasthe meaning given in subsection (1) of thissection.

(d) “Publicly owned utility” means anelectric utility owned or operated, in wholeor in part, by a municipality, cooperative as-sociation or people′s utility district. [1981 c.708§§1,7,13]

Note: 469.860 (1) and (2) and 469.863 were enactedinto law by the Legislative Assembly but were notadded to or made a part of ORS chapter 469 or any se-ries therein by legislative action. See Preface to OregonRevised Statutes for further explanation.



469.863 Gas utility to adopt commer-cial energy audit program; rules. (1)Within 365 days after November 1, 1981, thePublic Utility Commission shall adopt rulesgoverning energy conservation programsprovided by gas utilities under this sectionand may provide for coordination amongelectric utilities and gas utilities that servethe same commercial building.

(2) Within 180 days after the effectivedate of the rules adopted by the commissionunder subsection (1) of this section, each gasutility shall present for the commission′s ap-proval a commercial energy audit programwhich shall, to the commission′s satisfaction:

(a) Make information about energy con-servation measures available to any commer-cial building customer of the gas utility,upon request;

(b) Regularly notify all customers incommercial buildings of the availability ofthe services described in this section;

(c) Provide to any commercial buildingcustomer of the gas utility, upon request, anon-site energy audit of the customer′s com-mercial building, including, but not limitedto, an estimate of the cost of the recom-mended energy conservation measure; and

(d) Set a reasonable time schedule for ef-fective implementation of the elements setforth in this section. [1981 c.708 §8]


469.865 Electric utility to adopt com-mercial energy conservation servicesprogram. (1) Within 180 days after theadoption of the rules by the Public UtilityCommission under section 2, chapter 708,Oregon Laws 1981, each electric utility shallpresent for the commission′s approval acommercial energy conservation servicesprogram which shall, to the commission′ssatisfaction:

(a) Make information about energy con-servation available to any commercial build-ing customer of the electric utility, uponrequest;

(b) Regularly notify all customers incommercial buildings of the availability ofthe services described in this section; and

(c) Provide to any commercial buildingcustomer of the electric utility, upon request,an on-site energy audit of the customer′scommercial building, including, but not lim-ited to, an estimate of the cost of the energyconservation measures.

(2) The programs submitted and approvedunder this section shall include a reasonabletime schedule for effective implementation ofthe elements set forth in subsection (1) ofthis section in the service areas of the elec-tric utility. [1981 c.708 §3]

469.870 Application of ORS 469.865,469.870 and 469.900 (1) to electric utility.ORS 469.865, 469.900 (1) and this sectionshall not apply to an electric utility if thePublic Utility Commission determines thatits existing commercial energy conservationservices program meets or exceeds the re-quirements of those sections. [1981 c.708 §4]

469.875 Fee for gas utility audit. ThePublic Utility Commission shall determinewhether the gas utility may charge a rea-sonable fee to the customer for the energyaudit service and, if so, the fee amount. [1981c.708 §9]

469.878 Alternative fuels program. (1)An investor-owned utility may offer cashpayments to assist the utility′s commercialand industrial customers in purchasing a fa-cility as defined in ORS 469.185, includingbut not limited to an alternative fuel vehiclerefueling station. The utility may pay thecustomer the present value to the utility ofthe tax credit to which the customer wouldbe entitled under ORS 469.185 to 469.225.

(2) As used in this section, “cash pay-ment” and “investor-owned utility” have themeanings given those terms in ORS 469.631.[1991 c.711 §6; 1993 c.18 §123; 1995 c.746 §18a; 1999 c.623§8; 1999 c.765 §6]

469.880 Energy audit program; rules.Each publicly owned utility serving Oregonshall, either independently or as part of anassociation, provide an energy audit programfor its commercial customers. The Directorof the State Department of Energy shalladopt rules governing the commercial energyaudit program established under this sectionand may provide for coordination amongelectric utilities and gas utilities that servethe same commercial building. [1981 c.708 §14;1987 c.158 §100; 2003 c.186 §49]

469.885 Publicly owned utility to adoptcommercial energy audit program; fee. (1)Within 180 days after the adoption of rulesby the Director of the State Department ofEnergy under ORS 469.880, each publiclyowned utility shall present for the director′sapproval a commercial energy audit programthat shall, to the director′s satisfaction:

(a) Make information about energy con-servation available to any commercial build-ing customer of the publicly owned utility,upon request;

(b) Regularly notify all customers incommercial buildings of the availability ofthe services described in this section;

(c) Provide to any commercial buildingcustomer of the publicly owned utility, uponrequest, an on-site energy audit of the cus-tomer′s commercial building, including, butnot limited to, an estimate of the cost of theenergy conservation measures; and



(d) Set a reasonable time schedule for ef-fective implementation of the elements setforth in this section.

(2) The commercial energy audit programsubmitted under subsection (1) of this sectionshall specify whether the publicly ownedutility proposes to charge the customer a feefor the energy audit and, if so, the feeamount. [1981 c.708 §§15,16; 2003 c.186 §50]

469.890 Publicly owned utility to adoptcommercial energy conservation pro-gram; fees; rules. (1) Within 365 days afterNovember 1, 1981, the Director of the StateDepartment of Energy shall adopt rules gov-erning energy conservation programs pre-scribed by ORS 469.895 and 469.900 (3) andthis section and may provide for coordinationamong electric utilities and gas utilities thatserve the same commercial building. Within180 days of the adoption of rules by the di-rector, each covered publicly owned utilityshall present for the director′s approval acommercial energy conservation servicesprogram that shall, to the director′s satisfac-tion:

(a) Make information about energy con-servation available to all commercial build-ing customers of the covered publicly ownedutility, upon request;

(b) Regularly notify all customers incommercial buildings of the availability ofthe services described in this section; and

(c) Provide to any commercial buildingcustomer of the covered publicly owned util-ity, upon request, an on-site energy audit ofthe customer′s commercial building, includ-ing, but not limited to, an estimate of thecost of energy conservation measures.

(2) The programs submitted and approvedunder this section shall include a reasonabletime schedule for effective implementation ofthe elements set forth in subsection (1) ofthis section in the service areas of the cov-ered publicly owned utility.

(3) The commercial energy conservationservices program submitted under subsec-tions (1) and (2) of this section shall specifywhether the covered publicly owned utilityproposes to charge the customer a fee for theenergy audit and, if so, the fee amount. [1981c.708 §§18,19; 2003 c.186 §51]

469.895 Application of ORS 469.890 to469.900 to publicly owned utility. (1) ORS469.890 and 469.900 (3) and this section applyin any calendar year to a publicly ownedutility only if during the second precedingcalendar year sales of electric energy by thepublicly owned utility for purposes otherthan resale exceeded 750 million kilowatt-hours. For the purpose of ORS 469.890 and

469.900 (3) and this section, a publicly ownedutility with sales for nonresale purposes inexcess of 750 million kilowatt-hours duringthe second preceding calendar year shall beknown as a “covered publicly ownedutility.”

(2) ORS 469.890 and 469.900 (3) and thissection shall not apply to a covered publiclyowned utility if the Director of the StateDepartment of Energy determines that itsexisting commercial energy conservation ser-vices program meets or exceeds the require-ments of those sections.

(3) Before the beginning of each calendaryear, the director shall publish a list identi-fying each covered publicly owned utility towhich ORS 469.890 and 469.900 (3) and thissection shall apply during that calendar year.

(4) Any covered publicly owned utility isexempt from the requirements of ORS469.880 and 469.885. [1981 c.708 §17; 2003 c.186 §52]

469.900 Duty of commission to avoidconflict with federal requirements. (1) ThePublic Utility Commission shall insure thateach electric utility′s commercial energyconservation services program does not con-flict with federal statutes and regulationsapplicable to electric utilities and energyconservation in commercial buildings.

(2) The commission shall insure that eachgas utility′s commercial energy conservationservices program does not conflict with fed-eral statutes and regulations applicable togas utilities and energy conservation incommercial buildings.

(3) The Director of the State Departmentof Energy shall insure that each coveredpublicly owned utility′s commercial energyconservation services program does not con-flict with federal statutes and regulationsapplicable to covered publicly owned utilitiesand energy conservation in commercialbuildings. [1981 c.708 §§5,10,20]

Note: 469.900 (1) and (2) were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 469 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

NORTHWEST INTERSTATE COMPACTON LOW-LEVEL RADIOACTIVE

WASTE MANAGEMENT469.930 Northwest Interstate Compact

on Low-Level Radioactive Waste Man-agement. The Northwest Interstate Compacton Low-Level Radioactive Waste Manage-ment is enacted into law by the State of Or-egon and entered into with all otherjurisdictions lawfully joining therein in aform as provided for as follows:



__________________________________________

ARTICLE IPolicy and Purpose

The party states recognize that low-levelradioactive wastes are generated by essentialactivities and services that benefit the citi-zens of the states. It is further recognizedthat the protection of the health and safetyof the citizens of the party states and themost economical management of low-levelradioactive wastes can be accomplishedthrough cooperation of the states in mini-mizing the amount of handling and transpor-tation required to dispose of such wastes andthrough the cooperation of the states in pro-viding facilities that serve the region. It isthe policy of the party states to undertakethe necessary cooperation to protect thehealth and safety of the citizens of the partystates and to provide for the most economicalmanagement of low-level radioactive wasteson a continuing basis. It is the purpose ofthis compact to provide the means for sucha cooperative effort among the party statesso that the protection of the citizens of thestates and the maintenance of the viabilityof the states′ economies will be enhancedwhile sharing the responsibilities of radioac-tive low-level waste management.

ARTICLE IIDefinitions

As used in this compact:(1) “Facility” means any site, location,

structure or property used or to be used forthe storage, treatment or disposal of low-level waste, excluding federal waste facili-ties.

(2) “Low-level waste” means waste mate-rial which contains radioactive nuclidesemitting primarily beta or gamma radiation,or both, in concentrations or quantitieswhich exceed applicable federal or statestandards for unrestricted release. Low-levelwaste does not include waste containingmore than 10 nanocuries of transuranic con-taminants per gram of material, nor spentreactor fuel, nor material classified as eitherhigh-level waste or waste which is unsuitedfor disposal by near-surface burial under anyapplicable federal regulations.

(3) “Generator” means any person, part-nership, association, corporation or anyother entity whatsoever which, as a part ofits activities, produces low-level radioactivewaste.

(4) “Host state” means a state in whicha facility is located.

ARTICLE IIIRegulatory Practices

Each party state hereby agrees to adoptpractices which will require low-level wasteshipments originating within its borders anddestined for a facility within another partystate to conform to the applicable packagingand transportation requirements and regu-lations of the host state. Such practices shallinclude:

(1) Maintaining an inventory of all gen-erators within the state that have shipped orexpect to ship low-level waste to facilities inanother party state.

(2) Periodic unannounced inspection ofthe premises of such generators and thewaste management activities thereon.

(3) Authorization of the containers inwhich such waste may be shipped and a re-quirement that generators use only that typeof container authorized by the state.

(4) Assurance that inspections of thecarriers which transport such waste areconducted by proper authorities and appro-priate enforcement action is taken for vio-lations.

(5) After receiving notification from ahost state that a generator within the partystate is in violation of applicable packagingor transportation standards, the party statewill take appropriate action to assure thatsuch violations do not recur. Such actionmay include inspection of every individuallow-level waste shipment by that generator.

(6) Each party state may impose feesupon generators and shippers to recover thecost of the inspections and other practicesunder this Article. Nothing in this Articleshall be construed to limit any party state′sauthority to impose additional or more strin-gent standards on generators or carriersthan those required under this Article.

ARTICLE IVRegional Facilities

(1) Facilities located in any party state,other than facilities established or main-tained by individual low-level waste genera-tors for the management of their ownlow-level waste, shall accept low-level wastegenerated in any party state if such wastehas been packaged and transported accordingto applicable laws and regulations.

(2) No facility located in any party statemay accept low-level waste generated outsideof the region comprised of the party states,except as provided in Article V.

(3) Until such time as paragraph (2) ofthis Article takes effect as provided in Arti-cle VI, facilities located in any party statemay accept low-level waste generated outsideof any of the party states only if such waste



is accompanied by a certificate of complianceissued by an official of the state in whichsuch waste shipment originated. Such certif-icate shall be in such form as may be re-quired by the host state and shall contain atleast the following:

(a) The generator′s name and address;(b) A description of the contents of the

low-level waste container;(c) A statement that the low-level waste

being shipped has been inspected by the offi-cial who issued the certificate or by an agentof the official or by a representative of theUnited States Nuclear Regulatory Commis-sion, and found to have been packaged incompliance with applicable federal regu-lations and such additional requirements asmay be imposed by the host state; and

(d) A binding agreement by the state oforigin to reimburse any party state for anyliability or expense incurred as a result of anaccidental release of such waste, duringshipment or after such waste reaches the fa-cility.

(4) Each party state shall cooperate withthe other party states in determining the ap-propriate site of any facility that might berequired within the region comprised of theparty states, in order to maximize publichealth and safety while minimizing the useof any one party state as the host of suchfacilities on a permanent basis. Each partystate further agrees that decisions regardinglow-level waste management facilities in theregion will be reached through a good faithprocess which takes into account the bur-dens borne by each of the party states aswell as the benefits each has received.

(5) The party states recognize that theissue of hazardous chemical waste manage-ment is similar in many respects to that oflow-level waste management. Therefore, inconsideration of the State of Washington al-lowing access to its low-level waste disposalfacility by generators in other party states,party states such as Oregon and Idaho whichhost hazardous chemical waste disposal fa-cilities will allow access to such facilities bygenerators within other party states. Nothingin this compact shall be construed to preventany party state from limiting the nature andtype of hazardous chemical or low-levelwastes to be accepted at facilities within itsborders or from ordering the closure of suchfacilities, so long as such action by a hoststate is applied equally to all generatorswithin the region comprised of the partystates.

(6) Any host state may establish a sched-ule of fees and requirements related to itsfacility to assure that closure, perpetualcare, and maintenance and contingency re-

quirements are met, including adequatebonding.

ARTICLE VNorthwest Low-Level

Waste Compact CommitteeThe governor of each party state shall

designate one official of that state as theperson responsible for administration of thiscompact. The officials so designated shall to-gether comprise the Northwest low-levelwaste compact committee. The committeeshall meet as required to consider mattersarising under this compact. The parties shallinform the committee of existing regulationsconcerning low-level waste management intheir states and shall afford all parties areasonable opportunity to review and com-ment upon any proposed modifications insuch regulations. Notwithstanding any pro-vision of Article IV to the contrary, thecommittee may enter into arrangements withstates, provinces, individual generators orregional compact entities outside the regioncomprised of the party states for access tofacilities on such terms and conditions as thecommittee may deem appropriate. However,it shall require a two-thirds vote of all suchmembers, including the affirmative vote ofthe member of any party state in which afacility affected by such arrangement is lo-cated, for the committee to enter into sucharrangement.

ARTICLE VIEligible Parties and Effective Date

(1) Each of the following states is eligibleto become a party to this compact: Alaska,Hawaii, Idaho, Montana, Oregon, Utah,Washington and Wyoming. As to any eligibleparty, this compact shall become effectiveupon enactment into law by that party, butit shall not become initially effective untilenacted into law by two states. Any partystate may withdraw from this compact byenacting a statute repealing its approval.

(2) After the compact has initially takeneffect pursuant to paragraph (1) of this Arti-cle any eligible party state may become aparty to this compact by the execution of anexecutive order by the governor of the state.Any state which becomes a party in thismanner shall cease to be a party upon thefinal adjournment of the next general orregular session of its legislature or July 1,1983, whichever occurs first, unless the com-pact has by then been enacted as a statuteby that state.

(3) Paragraph (2) of Article IV of thiscompact shall take effect on July 1, 1983, ifconsent is given by Congress. As provided inPublic Law 96-573, Congress may withdrawits consent to the compact after every five-year period.



ARTICLE VIISeverability

If any provision of this compact, or itsapplication to any person or circumstance, isheld to be invalid, all other provisions of thiscompact, and the application of all of itsprovisions to all other persons and circum-stances, shall remain valid; and to this endthe provisions of this compact are severable.__________________________________________

[1981 c.497 §1]469.935 [1981 c.497 §3; repealed by 1997 c.632 §14]

POWER COSTS AND RATES469.950 Authority to enter into inter-

state cooperative agreements to controlpower costs and rates; Bonneville PowerAdministration. The State of Oregon shallpursue and may enter into an interstate co-operative agreement with the states ofWashington, Idaho and Montana for the pur-pose of making collective efforts to controlBonneville Power Administration wholesalepower costs and rates by studying and devel-oping a region-wide response to:

(1) Federal attempts to increase arbitrar-ily the interest rates on federal funds previ-ously used to build public facilities in thePacific Northwest.

(2) Federal initiatives to sell the Bonne-ville Power Administration.

(3) Bonneville Power Administration rateincrease and budget expenditure proposals inexcess of their actual needs.

(4) Regional uses of surplus firm power,including uses by existing or newly attractedPacific Northwest industries, to providelong-term use of the surplus for job develop-ment.

(5) Power transmission intertie access.[1985 c.780 §1]


PENALTIES469.990 Penalties. (1) In addition to any

penalties under subsection (2) of this section,a person who discloses confidential informa-tion in violation of ORS 469.090, willfully orwith criminal negligence, as defined by ORS161.085, may be subject to removal from of-fice or immediate dismissal from public em-ployment.

(2)(a) Willful disclosure of confidentialinformation in violation of ORS 469.090 ispunishable upon conviction, by a fine of notmore than $10,000 or imprisonment for up toone year, or both, for each offense.

(b) Disclosure of confidential informationin violation of ORS 469.090 with criminalnegligence, as defined by ORS 161.085, is aClass A violation.

(3) Any person who violates ORS 469.825commits a Class A misdemeanor. [1975 c.606§20; subsection (3) enacted as 1981 c.49 §11; 1999 c.1051§185]

469.991 [1989 c.926 §40; 1991 c.67 §142; repealed by1999 c.880 §2]

469.992 Civil penalties. (1) The Directorof the State Department of Energy or theEnergy Facility Siting Council may imposecivil penalties for violation of ORS 469.300 to469.619 and 469.930, for violations of rulesadopted under ORS 469.300 to 469.619 and469.930, for violation of any site certificateor amended site certificate issued under ORS469.300 to 469.601 or for violation of a StateDepartment of Energy order issued pursuantto ORS 469.405 (3). A civil penalty in anamount of not more than $25,000 per day foreach day of violation may be assessed.

(2) Subject to ORS 153.022, violation ofan order entered pursuant to ORS 469.550 ispunishable upon conviction by a fine of$50,000. Each day of violation constitutes aseparate offense.

(3) A civil penalty in an amount not lessthan $100 per day nor more than $1,000 perday may be assessed by the director or theEnergy Facility Siting Council for a willfulfailure to comply with a subpoena served bythe director pursuant to ORS 469.080 (2).

(4) A civil penalty in an amount of notmore than $25,000 per day for each day inviolation of any provision of ORS 469.603 to469.619 may be assessed by the circuit courtupon complaint of any person injured by theviolation. [Formerly 453.994; 1977 c.794 §17; 1981 c.707§13; 1983 c.273 §4; 1987 c.158 §101; 1989 c.6 §12; 1991 c.480§8; 1999 c.385 §13; 1999 c.1051 §309; 2003 c.186 §53]

Note: The amendments to 469.992 by section 17,chapter 653, Oregon Laws 1991, become operative whenthe federal government or a state that has entered intoan agreement under 42 U.S.C. 2021 exempts from regu-lation or changes the regulatory status of any radioac-tive material that is subject to regulation on January1, 1989. See section 18, chapter 653, Oregon Laws 1991.The text of 469.992 that would become operative uponan exemption or change, including amendments by sec-tion 14, chapter 385, Oregon Laws 1999, section 310,chapter 1051, Oregon Laws 1999, and section 54, chapter186, Oregon Laws 2003, is set forth for the user′s con-venience.

469.992. (1) The Director of the State Departmentof Energy or the Energy Facility Siting Council mayimpose civil penalties for violation of ORS 469.300 to469.619 and 469.930, for violations of rules adopted underORS 469.300 to 469.619 and 469.930, for violation of anysite certificate or amended site certificate issued underORS 469.300 to 469.601 or for violation of a State De-partment of Energy order issued pursuant to ORS469.405 (3). A civil penalty in an amount of not morethan $25,000 per day for each day of violation may beassessed.



(2) Subject to ORS 153.022, violation of an orderentered pursuant to ORS 469.550 is punishable uponconviction by a fine of $50,000. Each day of violationconstitutes a separate offense.

(3) A civil penalty in an amount not less than $100per day nor more than $1,000 per day may be assessedby the director or the Energy Facility Siting Council fora willful failure to comply with a subpoena served bythe director pursuant to ORS 469.080 (2).

(4) A civil penalty in an amount of not more than$25,000 per day for each day in violation of any pro-vision of ORS 469.603 to 469.619 or section 14, chapter653, Oregon Laws 1991, may be assessed by the circuitcourt upon complaint of any person injured by the vio-lation.


Sec. 18. Sections 12 to 16 of this Act and theamendments to ORS 469.992 by section 17 of this Act donot become operative until the federal government or astate that has entered into an agreement under 42U.S.C. 2021 exempts from regulation or changes theregulatory status of any radioactive material that issubject to regulation on January 1, 1989. [1991 c.653 §18]

469.994 Civil penalty when contractorcertificate revoked. (1) The Director of theState Department of Energy may impose acivil penalty against a contractor if a con-tractor certificate is revoked under ORS

469.180. The amount of the penalty shall beequal to the total amount of tax relief esti-mated to have been provided under ORS316.116 or 317.115 to the contractor or topurchasers of the system for which a con-tractor′s certificate has been revoked.

(2) The State Department of Energy maynot collect any of the amount of a civil pen-alty imposed under subsection (1) of thissection from a purchaser of the system forwhich the final certificate has been revoked.However, the Department of Revenue shallproceed under ORS 469.180 (3) to collecttaxes not paid by a taxpayer if the tax creditis ordered forfeited because of that taxpay-er′s fraud or misrepresentation under ORS469.180 (1)(a).

(3) Civil penalties under this sectionshall be imposed as provided in ORS 183.745.

(4) A penalty recovered under this sec-tion shall be paid into the State Treasuryand credited to the General Fund and isavailable for general governmental expenses.[1981 c.894 §8; 1983 c.346 §5; 1989 c.706 §18; 1989 c.880§13a; 1991 c.734 §38; 1997 c.534 §13]




Documents

469 - oregonlegislature.gova tax credit for energy conservation mea-sures installed in rental housing units pur-suant to ORS 469.636. The tax credit shall apply to only the first $5,000