justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 469a — Renewable Portfolio

ORS 469a.210. Goal for community-based renewable energy projects. (1) The Legislative Assembly finds that community-based renewable energy projects, including but not limited to marine renewable energy resources that are either developed in accordance with the Territorial Sea Plan adopted pursuant to ORS 196.471 or located on structures adjacent to the coastal shorelands, are an essential element of this states energy future. (2) For purposes related to the findings in subsection (1) of this section, by the year 2030, at least 10 percent of the aggregate electrical capacity of all electric companies that make sales of electricity to 25,000 or more retail electricity consumers in this state must be composed of electricity generated by one or both of the following sources: (a) Small-scale renewable energy projects with a generating capacity of 20 megawatts or less that generate electricity utilizing a type of energy described in ORS 469A.025; or (b) Facilities that generate electricity using biomass that also generate thermal energy for a secondary purpose. (3) Regardless of the facilitys nameplate capacity, any single facility described in subsection (2)(b) of this section may be used to comply with the requirement specified in subsection (2) of this section for up to 20 megawatts of capacity. [2007 c.301 24; 2010 c.68 1; 2016 c.28 14; 2017 c.452 1; 2021 c.508 37] JOB IMPACT STUDY Note: Sections 25 and 26, chapter 301, Oregon Laws 2007, provide: Sec. 25. (1) The State Department of Energy shall periodically conduct a study to evaluate the impact of sections 1 to 24 of this 2007 Act [469A.005 to 469A.210] on jobs in this state. The study shall assess the number of new jobs created in the renewable energy sector in this state and the average wage rates and the provision of health care and other benefits for those jobs. In addition, the study shall investigate the extent to which workforce training opportunities are being provided to employees to prepare the employees for jobs in the renewable energy sector. (2) The department shall conduct the first study under this section not later than two years after the effective date of this 2007 Act [June 6, 2007]. [2007 c.301 25] Sec. 26. Section 25 of this 2007 Act is repealed January 2, 2026. [2007 c.301 26] HYDROGEN POWER STATIONS
ORS Chapter 469a — Renewable Portfolio

ORS 469a.300. Hydrogen power stations; compliance with renewable portfolio standard; cost recovery for prudent energy investments. To facilitate the creation of hydrogen power stations using anhydrous ammonia as a fuel source to comply with a renewable portfolio standard under ORS 469A.005 to 469A.210, the Public Utility Commission may allow full recovery of costs by public utilities in prudent energy investments related to the planning, financing, construction and operation of hydrogen power stations. These investments may include, but need not be limited to: (1) Systems designed to synthesize anhydrous ammonia fuel using electricity generated from renewable energy sources listed in ORS 469A.025; (2) Infrastructure designed to store anhydrous ammonia generated from renewable energy sources as a nonpolluting fuel for electricity generation and any other purpose; (3) Energy systems designed to use anhydrous ammonia generated from renewable energy sources as a fuel to generate electricity; and (4) Electronic control and management systems designed to effectively integrate hydrogen power station processes into the electricity transmission grid. [2010 c.17 2] REDUCTION OF GREENHOUSE GAS EMISSIONS ASSOCIATED WITH ELECTRICITY SOLD
ORS Chapter 469a — Renewable Portfolio

ORS 469a.400. (c) The commission shall issue a written order with findings on the evidentiary record development in the proceeding. (d) Except as provided under ORS 756.610, a determination by the commission that an investment or cost contributes to compliance with ORS 469A.400 to 469A.475 is final and may not be reexamined. (3) Upon determining that an investment or cost of an electric company contributes to compliance with ORS 469A.400 to 469A.475, the commission shall determine the actual or anticipated rate impact for the investment or cost on the same basis and with the same treatment for similarly situated investments or costs in the most recently approved general rate case or other relevant rate making proceeding. The commission shall use the actual or anticipated rate impact of each investment or cost to calculate the cumulative rate impact and shall: (a) Cumulatively calculate the rate impact caused by all investments or costs that have been the subject of a proceeding pursuant to this section, and must be included in calculation for the time period that the investment or cost would affect rates, as adjusted by any change in net costs expected or foreseeable at the time of inclusion; (b) Make any adjustments to the cumulative rate impact if the initial rate treatment was calculated on the basis of forecasted rate impact; (c) Allow parties to the proceeding to propose alternative rate or accounting treatment of the investment or cost to limit the potential rate impact of the investment or cost; and (d) Utilize cost allocation methodologies for attributing rate impacts of investments or costs for multistate electric companies. (4) Upon a determination that the actual or anticipated cumulative rate impact calculated under subsection (3) of this section exceeds six percent of the annual revenue requirement for a year, the commission shall provide an exemption from further compliance with the requirements of ORS 469A.400 to
ORS Chapter 469a — Renewable Portfolio

ORS 469a.405. Policy. It is the policy of the State of Oregon: (1) That retail electricity providers rely on nonemitting electricity in accordance with the clean energy targets set forth in ORS 469A.410 and eliminate greenhouse gas emissions associated with serving Oregon retail electricity consumers by 2040; (2) That electricity generated in a manner that produces zero greenhouse gas emissions also be generated, to the maximum extent practicable, in a manner that provides additional direct benefits to communities in this state in the forms of creating and sustaining meaningful living wage jobs, promoting workforce equity and increasing energy security and resiliency; (3) That, under existing federal and state law, the state engages in meaningful consultation with federally recognized Indian tribes. This includes consultation on the siting, permitting and construction of new energy facilities as defined in ORS 469.300, and new projects subject to the policy specified in 18 C.F.R. 2.1c, prior to such actions that are likely to adversely impact designated sites of archeological significance as defined in ORS 358.905, or properties of traditional, cultural and religious importance under the National Historical Preservation Act and the 36 C.F.R. 800 implementing regulation; and (4) That implementation of ORS 469A.400 to 469A.475 be done in a manner that minimizes burdens for environmental justice communities.
ORS Chapter 469a — Renewable Portfolio

ORS 469a.410. (B) Generation of electricity from nonemitting resources forecasted to meet electricity demand is less than expected, including variability in the generation, transmission, constraints or other causes; and (C) The additional emissions are from the generation of electricity necessary to meet load. (b) A retail electricity provider that continues to be out of compliance with the clean energy targets set forth in ORS 469A.410 for more than 12 months as a result of unplanned emissions as described in paragraph (a)(A) to (C) of this subsection shall include a detailed plan on how the retail electricity provider will return to compliance as soon as practicable, subject to approval by the commission, for an electric company, in a subsequent clean energy plan or, for an electricity service supplier, in a subsequent submission to the commission under ORS 469A.420 (3). (2) Greenhouse gas emissions associated with electricity acquired from net metering of customer resources or a qualifying facility under the terms of the Public Utility Regulatory Policies Act shall be excluded from the determination of the retail electricity providers total greenhouse gas emissions. (3) For purposes of determining whether a retail electricity provider has complied with the clean energy targets set forth in ORS 469A.410, electricity, other than unspecified market power, purchased from the Bonneville Power Administration for delivery to retail electricity consumers shall be deemed to have the Bonneville Power Administration asset controlling supplier emission factor reported to the Department of Environmental Quality under ORS 468A.280, or rules adopted pursuant thereto. (4)(a) For an electric company subject to ORS 469A.052, the commission shall initiate a process to update the avoided costs calculated pursuant to ORS 758.525 for a qualifying facility under ORS 758.505 to ensure avoided costs accurately reflect the characteristics of generators that contribute to compliance with ORS 469A.400 to 469A.475. (b) The process initiated by the commission under paragraph (a) of this subsection may commence no sooner than two calendar years before the calendar year identified in the electric companys acknowledged integrated resource plan that shows the electric company will meet or exceed the requirements described in ORS 469A.052 (1)(h) and must conclude no later than the calendar year identified in the acknowledged integrated resource plan that shows the electric company will meet or exceed the requirements described in ORS 469A.052 (1)(h).
ORS Chapter 469a — Renewable Portfolio

ORS 469a.415. Electric companies to develop clean energy plans. (1) An electric company shall develop a clean energy plan for meeting the clean energy targets set forth in ORS 469A.410 concurrent with the development of each integrated resource plan. (2) The electric company shall submit the clean energy plan to the Public Utility Commission and the Department of Environmental Quality. (3)(a) A clean energy plan must be based on or included in an integrated resource plan filing made no earlier than January 1, 2022, and filed no later than 180 days after the integrated resource plan is filed, or developed within an integrated resource planning process and incorporated into the integrated resource plan filed with the commission. (b) Notwithstanding paragraph (a) of this subsection, a clean energy plan developed by a multistate jurisdictional electric company must be based on or contained in other information developed consistent with a cost-allocation methodology approved by the commission. (4) A clean energy plan must: (a) Incorporate the clean energy targets set forth in ORS 469A.410; (b) Include annual goals set by the electric company for actions that make progress towards meeting the clean energy targets set forth in ORS 469A.410, including acquisition of nonemitting generation resources, energy efficiency measures and acquisition and use of demand response resources; (c) Include a risk-based examination of resiliency opportunities that includes costs, consequences, outcomes and benefits based on reasonable and prudent industry resiliency standards and guidelines established by the Public Utility Commission; (d) Examine the costs and opportunities of offsetting energy generated from fossil fuels with community-based renewable energy; (e) Demonstrate the electric company is making continual progress within the planning period towards meeting the clean energy targets set forth in ORS 469A.410, including demonstrating a projected reduction of annual greenhouse gas emissions; and (f) Result in an affordable, reliable and clean electric system. (5) Actions and investments proposed in a clean energy plan may include the development or acquisition of clean energy resources, acquisition of energy efficiency and demand response, including an acquisition required by ORS 757.054, development of new transmission and other supporting infrastructure, retirement of existing generating facilities, changes in system operation and any other necessary action. (6) The commission shall ensure that an electric company demonstrates continual progress as described in subsection (4)(e) of this section and is taking actions as soon as practicable that facilitate rapid reduction of greenhouse gas emissions at reasonable costs to retail electricity consumers.
ORS Chapter 469a — Renewable Portfolio

ORS 469a.425. Community advisory group; membership; biennial report. (1) An electric company that files a clean energy plan under ORS 469A.415 shall convene a Community Benefits and Impacts Advisory Group. The members of the electric companys Community Benefits and Impacts Advisory Group will be determined by the electric company with input from stakeholders that represent the interests of customers or affected entities within the electric companys service territory. Members must include representatives of environmental justice communities and low-income ratepayers and may include representatives from other affected entities within the electric companys service territory. (2)(a) The electric company shall develop, in consultation with the Community Benefits and Impacts Advisory Group, a biennial report that assesses the community benefits and impacts of the electric company and shall file the biennial report with the Public Utility Commission. The biennial report must include a description of the following: (A) Energy burden and disconnections for residential customers and disconnections for small commercial customers; (B) Opportunities to increase contracting with businesses owned by women, veterans or Black, Indigenous, or People of Color; (C) Actions within environmental justice communities within the electric companys service territory intended to improve resilience during adverse conditions or facilitate investments in the distribution system, including investments in facilities that generate nonemitting electricity; (D) Distribution of infrastructure or grid investments and upgrades in environmental justice communities in the electric companys service territory, including infrastructure or grid investments that facilitate the electric companys compliance with the clean energy targets set forth in ORS 469A.410; (E) Social, economic or environmental justice cobenefits that result from the electric companys investments, contracts or internal practices; (F) Customer experience, including a review of annual customer satisfaction surveys; (G) Actions to encourage customer engagement; and (H) Other items as determined by the electric company and the electric companys Community Benefits and Impacts Advisory Group. (b) The electric company may engage the Community Benefits and Impacts Advisory Group to advise on other matters, including but not limited to: (A) The development and equitable implementation of a clean energy plan as determined in ORS 469A.415; (B) The development and equitable implementation of a distribution system plan; (C) Equitable contracting practices; and (D) Best practices and strategies for reducing energy burden and disconnections in the electric companys service territory. (3) The commission shall establish a process for an electric company to contemporaneously recover the cost associated with the development of biennial reports and the costs associated with compensation or reimbursement for time and travel of members of a Community Benefits and Impacts Advisory Group.
ORS Chapter 469a — Renewable Portfolio

ORS 469a.430. Treatment of generation resources. For the purposes of determining compliance with ORS 469A.400 to 469A.475, electricity shall have the emission attributes of the underlying generating resource.
ORS Chapter 469a — Renewable Portfolio

ORS 469a.435. Determining compliance with clean energy targets; unplanned emissions. (1)(a) In determining whether a retail electricity provider has complied with the clean energy targets set forth in ORS 469A.410, the Public Utility Commission shall take into consideration unplanned emissions in excess of the amount projected in an electric companys clean energy plan submitted under ORS 469A.415 or the information provided by an electricity service supplier under ORS 469A.420 (3), to the extent: (A) The emissions are in excess of the clean energy targets set forth in ORS
ORS Chapter 469a — Renewable Portfolio

ORS 469a.440. Temporary exemption; conflicts with reliability. (1) Upon its own motion or at the request of an electric company, the Public Utility Commission may open an investigation pursuant to ORS 756.515 (1) to determine whether to grant a temporary exemption to an electric companys compliance with one or more of the requirements of ORS 469A.052 or a clean energy plan adopted pursuant to ORS 469A.400 to 469A.475. (2) The commission may grant a temporary exemption if compliance: (a) Conflicts with or compromises an electric companys obligation to comply with mandatory reliability standards set by the North American Electric Reliability Corporation; (b) Violates or significantly impairs a resource adequacy requirement or recommendation of a multistate, regional or national entity; (c) Violates or significantly impairs an electric companys ability to comply with a Balancing Authority Area declaration of an energy emergency alert under categories 1 through 3, as designated by the North American Electric Reliability Corporation, or successor categories adopted after September 25, 2021; (d) Results, regardless of best efforts to secure cost-effective nonemitting energy resources or funding for energy efficiency and conservation, in the provision of service at other than fair and reasonable rates; or (e) Otherwise compromises the power quality or integrity of an electric companys system. (3) An electric company making a request under this section shall submit to the commission an application that includes: (a) An explanation of how compliance results in one or more of the issues described under subsection (2) of this section; (b) A description of how a temporary exemption from compliance with one or more of the requirements of ORS 469A.052 or a clean energy plan adopted pursuant to ORS
ORS Chapter 469a — Renewable Portfolio

ORS 469a.445. Cost cap for electric companies; determining compliance costs and rate impact; exemption. (1) An electric company or an organization that represents broad customer interests and that has a written agreement with an electric company pursuant to ORS 757.072 may request that the Public Utility Commission open an investigation to provide accounting for investments made, costs incurred or forecasted costs estimated by the electric company for the purpose of compliance with ORS 469A.400 to
ORS Chapter 469a — Renewable Portfolio

ORS 469a.450. Cost cap for electricity service suppliers; comparable exemption and procedures. The Public Utility Commission shall provide the same opportunity to an electricity service supplier as provided an electric company under ORS 469A.445 to receive a comparable exemption from further compliance with the requirements of ORS 469A.400 to 469A.475. A comparable exemption shall be provided based on comparable procedures and criteria, to the extent the procedures and criteria apply to an electricity service supplier as applied to an electric company under ORS 469A.445 and adjusted to reflect applicable differences between electricity service suppliers and electric companies.
ORS Chapter 469a — Renewable Portfolio

ORS 469a.455. Performance incentive for early compliance. In furtherance of the clean energy targets set forth in ORS 469A.410, the Public Utility Commission may apply a performance incentive for early compliance with one or more of the clean energy targets.
ORS Chapter 469a — Renewable Portfolio

ORS 469a.460. No modification to renewable portfolio standards. The requirements of ORS 469A.400 to 469A.475 do not replace or modify the requirements of ORS
ORS Chapter 469a — Renewable Portfolio

ORS 469a.465. Rules; costs recovery. (1) The Public Utility Commission may adopt rules as necessary to implement ORS 469A.400 to 469A.475. (2) The commission shall review and identify costs incurred by electric companies for obligations not similarly imposed on electricity service suppliers to comply with ORS 469A.400 to 469A.475 that retail electric consumers served by electricity service suppliers may avoid by obtaining electric power through direct access and ensure that the identified costs are recovered from all retail electricity consumers, are calculated and recovered on the basis of electricity consumption and bear a direct relationship to costs borne by retail electricity consumers served by electric companies.
ORS Chapter 469a — Renewable Portfolio

ORS 469a.480. company serving 25,000 or fewer consumers not subject to requirements RENEWABLE PORTFOLIO STANDARDS (Definitions)
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.103. Criteria; federal standards; rules. (1) For the purposes of carrying out ORS
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.106. Claim for tax credits; eligibility; contents; contractor system certification; rules. (1) Subject to the limitations in section 75, chapter 730, Oregon Laws 2011, any person may claim a tax credit under ORS 316.116 if the person: (a) Meets the requirements of ORS 316.116; (b) Meets the requirements of ORS 469B.100 to 469B.118; and (c) Pays, subject to subsection (9) of this section, all or a portion of the costs of an alternative energy device. (2) In order to be eligible for a tax credit under ORS 316.116, a person claiming a tax credit for construction or installation of an alternative energy device shall have the device certified by the State Department of Energy or constructed or installed by a contractor certified by the department under subsection (4) of this section. (3) Verification of the purchase, construction or installation of an alternative energy device shall be made in writing on a form provided by the Department of Revenue and, if applicable, shall contain: (a) The location of the alternative energy device; (b) A description of the type of device; (c) If the device was constructed or installed by a contractor, evidence that the contractor has any license, bond, insurance and permit required to sell and construct or install the alternative energy device; (d) If the device was constructed or installed by a contractor, a statement signed by the contractor that the applicant has received: (A) A statement of the reasonably expected energy savings of the device; (B) A copy of consumer information published by the State Department of Energy; (C) An operating manual for the alternative energy device; and (D) A copy of the contractors certification certificate or alternative energy device system certificate for the alternative energy device, as appropriate; (e) If the device was not constructed or installed by a contractor, evidence that: (A) The State Department of Energy has issued an alternative energy device system certificate for the alternative energy device; and (B) The taxpayer has obtained all building permits required for construction or installation of the device; (f) A statement, signed by both the taxpayer claiming the credit and the contractor if the device was constructed or installed by a contractor, that the construction or installation meets all the requirements of ORS 469B.100 to