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

ORS 469a.025. Renewable energy sources; rules. (1) Electricity generated utilizing the following types of energy may be used to comply with a renewable portfolio standard: (a) Wind energy. (b) Solar photovoltaic and solar thermal energy. (c) Wave, tidal and ocean thermal energy. (d) Geothermal energy. (2) Except as provided in subsection (3) of this section, electricity generated from biomass and biomass by-products may be used to comply with a renewable portfolio standard, including but not limited to electricity generated from: (a) Organic human or animal waste; (b) Spent pulping liquor; (c) Forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce uncharacteristic stand replacing wildfire risk; (d) Wood material from hardwood timber grown on land described in ORS 321.267 (3); (e) Agricultural residues; (f) Dedicated energy crops; and (g) Landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters or municipal solid waste. (3) Electricity generated from the direct combustion of biomass may not be used to comply with a renewable portfolio standard if any of the biomass combusted to generate the electricity includes wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate. (4) Electricity generated by a hydroelectric facility may be used to comply with a renewable portfolio standard only if: (a) The facility is located outside any protected area designated by the Pacific Northwest Electric Power and Conservation Planning Council as of July 23, 1999, or any area protected under the federal Wild and Scenic Rivers Act, P.L. 90-542, or the Oregon Scenic Waterways Act, ORS 390.805 to 390.925; or (b) The electricity is attributable to efficiency upgrades made to the facility on or after January 1, 1995. (5)(a) Up to 50 average megawatts of electricity per year generated by an electric utility from certified low-impact hydroelectric facilities described in ORS
ORS Chapter 469a — Renewable Portfolio

ORS 469a.027. Certification of eligibility for certain generating facilities; generation date of electricity. The State Department of Energy may certify as eligible for renewable energy certificates a facility that qualifies under ORS 469A.020 (5) and (6) and
ORS Chapter 469a — Renewable Portfolio

ORS 469a.029. Eligibility; registration date for certain generating facilities with tracking system. To be eligible for renewable energy certificates, the owner or operator of a generating facility that qualifies under ORS 469A.020 (5) and (6) and 469A.025 (6) and (7) must register the generating facility with the Western Renewable Energy Generation Information System or other regional system or trading program designated by the State Department of Energy before January 1, 2011. [2010 c.17 5] Note: See note under
ORS Chapter 469a — Renewable Portfolio

ORS 469a.031. Eligibility; registration date of generating facility that uses biomass with Western Renewable Energy Generation Information System. Notwithstanding ORS 469A.029, a facility described in ORS 469A.020 (5) is eligible for renewable energy certificates if the owner or operator of the generating facility registered the generating facility with the Western Renewable Energy Generation Information System on or after January 1, 2011. [2017 c.249 1] Note: See note under
ORS Chapter 469a — Renewable Portfolio

ORS 469a.050. Applicable standard. (1) Electric utilities must comply with the applicable renewable portfolio standard described in ORS 469A.052 or 469A.055. (2) Electricity service suppliers must comply with the renewable portfolio standard established under ORS 469A.065.
ORS Chapter 469a — Renewable Portfolio

ORS 469a.060. Exemptions from compliance with renewable portfolio standard. (1) Electric utilities are not required to comply with the renewable portfolio standards described in ORS 469A.052 and 469A.055 to the extent that: (a) Compliance with the standard would require the electric utility to acquire electricity in excess of the electric utilitys projected load requirements in any calendar year; and (b) Acquiring the additional electricity would require the electric utility to substitute qualifying electricity for electricity derived from an energy source other than coal, natural gas or petroleum. (2)(a) Electric utilities are not required to comply with a renewable portfolio standard to the extent that compliance would require the electric utility to substitute qualifying electricity for electricity available to the electric utility under contracts for electricity from dams that are owned by Washington public utility districts and that are located between the Grand Coulee Dam and the Columbia Rivers junction with the Snake River. The provisions of this subsection apply only to contracts entered into before June 6, 2007, and to renewal or replacement contracts for contracts entered into before June 6, 2007. (b) If a contract described in paragraph (a) of this subsection expires and is not renewed or replaced, the electric utility must comply, in the calendar year following the expiration of the contract, with the renewable portfolio standard applicable to the electric utility. (3) A consumer-owned utility is not required to comply with a renewable portfolio standard to the extent that compliance would require the consumer-owned utility to reduce the consumer-owned utilitys purchases of the lowest priced electricity from the Bonneville Power Administration pursuant to section 5 of the Pacific Northwest Electric Power Planning and Conservation Act of 1980, P.L. 96-501, as in effect on June 6, 2007. The exemption provided by this subsection applies only to firm commitments for BPA electricity that the Bonneville Power Administration has assured will be available to a consumer-owned utility to meet agreed portions of the consumer-owned utilitys load requirements for a defined period of time.
ORS Chapter 469a — Renewable Portfolio

ORS 469a.065. Renewable portfolio standard for electricity service suppliers. An electricity service supplier must meet the requirements of the renewable portfolio standards that are applicable to the electric utilities that serve the territories in which the electricity service supplier sells electricity to retail electricity consumers. The Public Utility Commission shall establish procedures for implementation of the renewable portfolio standards for electricity service suppliers that sell electricity in the service territory of an electric company. If an electricity service supplier sells electricity in territories served by more than one electric company, the commission may provide for an aggregate standard based on the amount of electricity sold by the electricity service supplier in each territory. Pursuant to ORS 757.676, a consumer-owned utility may establish procedures for the implementation of the renewable portfolio standards for electricity service suppliers that sell electricity in the territory served by the consumer-owned utility.
ORS Chapter 469a — Renewable Portfolio

ORS 469a.070. Manner of complying with renewable portfolio standards. (1) Except as provided in subsection (2) of this section, an electric utility or electricity service supplier must comply with the renewable portfolio standard applicable to the utility or supplier in each calendar year by: (a) Using bundled renewable energy certificates issued or acquired during the compliance year; (b) Subject to the limitations described in ORS 469A.140 and 469A.145, using unbundled or banked renewable energy certificates; or (c) Making alternative compliance payments as described in ORS 469A.180. (2) Bundled or unbundled renewable energy certificates that are issued or acquired by an electric utility or electricity service supplier on or before March 31 in a calendar year may be used by the utility or supplier to comply with the renewable portfolio standard applicable to the utility or supplier for the preceding calendar year.
ORS Chapter 469a — Renewable Portfolio

ORS 469a.075. Electric company plan for meeting requirements; commission review; rules. (1) An electric company that is subject to a renewable portfolio standard shall describe the electric companys plan for meeting the requirements of the renewable portfolio standard as part of the electric companys integrated resource plan filed with the Public Utility Commission. (2) At a minimum, a plan for meeting the requirements of the renewable portfolio standard must contain: (a) Annual targets for acquisition and use of qualifying electricity; and (b) The estimated cost of meeting the annual targets, including the cost of transmission, the cost of firming, shaping and integrating qualifying electricity, the cost of alternative compliance payments and the cost of acquiring renewable energy certificates. (3) The commission shall review a plan for meeting the requirements of the renewable portfolio standard and take appropriate action as part of the procedure for acknowledgment of an electric companys integrated resource plan. (4) The commission shall adopt rules: (a) Establishing requirements for the content of plans for meeting the requirements of the renewable portfolio standard; (b) Providing for the least-cost, least-risk acquisition of resources; and (c) Providing for the evaluation of competitive bidding processes that allow for diverse ownership of renewable energy sources that generate qualifying electricity. (5) A plan for meeting the requirements of the renewable portfolio standard may include procedures that will be used by the electric company to determine whether the costs of constructing a facility that generates electricity from a renewable energy source, or the costs of acquiring bundled or unbundled renewable energy certificates, are consistent with the renewable portfolio standards of the commission relating to least-cost, least-risk planning for acquisition of resources. [2007 c.301 11; 2016 c.28 6; 2023 c.54 1] (Cost Limitation)
ORS Chapter 469a — Renewable Portfolio

ORS 469a.130. Renewable energy certificates system. (1) The State Department of Energy shall establish a system of renewable energy certificates that can be used by an electric utility or electricity service supplier to establish compliance with the applicable renewable portfolio standard. The department shall consult with the Public Utility Commission before establishing a system of renewable energy certificates under this section. The department may allow use of renewable energy certificates that are issued, monitored, accounted for or transferred by or through a regional system or trading program, including but not limited to the Western Renewable Energy Generation Information System. The system established by the department shall allow issuance, transfer and use of renewable energy certificates in electronic form. (2) The validity of a bundled renewable energy certificate for purposes of compliance with the applicable renewable portfolio standard is not affected by the substitution of any other electricity for the qualifying electricity at any point after the time of generation.
ORS Chapter 469a — Renewable Portfolio

ORS 469a.132. Thermal renewable energy certificates. (1) If a facility that generates electricity using biomass also generates thermal energy for a secondary purpose, the State Department of Energy shall provide that renewable energy certificates must be issued for the generation of the thermal energy. Notwithstanding the definition of qualifying electricity in ORS 469A.005 or any other provision of law stating or implying that a renewable portfolio standard may be complied with only through the generation of electricity, renewable energy certificates for thermal energy: (a) Shall be provided for pursuant to this subsection as part of the system established under ORS 469A.130; (b) Shall be subject to the same requirements for issuance, transfer and use as all other renewable energy certificates created pursuant to the system established under ORS 469A.130; and (c) May be used to comply with a renewable portfolio standard if: (A) The facility that generates the thermal energy for which the renewable energy certificate is issued meets the requirements of ORS 469A.020 and 469A.135 for the electricity generated using biomass at the facility; and (B) Consistent with the provisions of ORS 469A.025 (3), the thermal energy is not generated through the combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate. (2) For purposes of issuing renewable energy certificates under this section, 3,412,000 British thermal units are equivalent to one megawatt-hour.
ORS Chapter 469a — Renewable Portfolio

ORS 469a.135. Renewable energy certificates that may be used to comply with standards. (1) A bundled renewable energy certificate may be used to comply with a renewable portfolio standard if: (a) The facility that generates the qualifying electricity for which the bundled renewable energy certificate is issued is located in the United States and within the geographic boundary of the Western Electricity Coordinating Council; and (b) The qualifying electricity for which the bundled renewable energy certificate is issued is delivered to: (A) The Bonneville Power Administration; (B) The transmission system of an electric utility; (C) A delivery point designated by the electric utility for the purpose of subsequent delivery to the electric utility; or (D) A delivery point mutually agreed to by a distribution utility and an electricity service supplier for the purpose of subsequent delivery to the distribution utility serving the customer of the electricity service supplier. (2) An unbundled renewable energy certificate may be used to comply with a renewable portfolio standard if the facility that generates the qualifying electricity with which the unbundled renewable energy certificate is associated is located within the geographic boundary of the Western Electricity Coordinating Council. (3) Renewable energy certificates issued for any electricity that the Bonneville Power Administration has designated as environmentally preferred power, or has given a similar designation for electricity generated from a renewable resource, may be used to comply with a renewable portfolio standard without regard to the location of the generating facility. (4) This section does not affect the obligations or requirements: (a) Imposed under or agreed to in a contract with a distribution utility; (b) Imposed under tariff schedules approved by the Public Utility Commission; (c) Imposed under an approved open access transmission tariff; or (d) Imposed under rules adopted by the commission under ORS 757.600 to 757.687.
ORS Chapter 469a — Renewable Portfolio

ORS 469a.145. Limitations on use of unbundled certificates to meet renewable portfolio standard. (1) Except as otherwise provided in this section, unbundled renewable energy certificates, including banked unbundled renewable energy certificates, may not be used to meet more than 20 percent of the requirements of the large utility renewable portfolio standard described in ORS 469A.052 for any compliance year. (2) The limitation imposed by subsection (1) of this section does not apply to unbundled renewable energy certificates associated with electricity generated in this state from a renewable energy source by a net metering facility, as defined in ORS 757.300, or another generating facility that is not directly connected to a distribution or transmission system. (3) The limitation imposed by subsection (1) of this section does not apply to unbundled renewable energy certificates associated with electricity generated in this state by a qualifying facility under ORS 758.505 to 758.555. (4) The limitation imposed by subsection (1) of this section does not apply to an electricity service supplier for purposes of meeting the renewable portfolio standard described in ORS 469A.065 during compliance years before 2021.
ORS Chapter 469a — Renewable Portfolio

ORS 469a.147. Exemption from limitation on use of unbundled certificates for consumer-owned utilities. Unless the exemption provided by ORS 469A.055 (1) terminated for the consumer-owned utility pursuant to ORS 469A.055 (5), a consumer-owned utility described in ORS 469A.052 (2) that is subject to the large utility renewable portfolio standard described in ORS 469A.052 (3) may use, notwithstanding ORS
ORS Chapter 469a — Renewable Portfolio

ORS 469a.150. Multistate electric companies; rules. The Public Utility Commission by rule shall establish a process for allocating the use of renewable energy certificates by an electric company that makes sales of electricity to retail customers in more than one state. [2007 c.301 18] (Compliance Reports)
ORS Chapter 469a — Renewable Portfolio

ORS 469a.170. Compliance reports; rules. (1) Each electric utility and electricity service supplier that is subject to a renewable portfolio standard shall make an annual compliance report for the purpose of detailing compliance, or failure to comply, with the renewable portfolio standard applicable in the compliance year. An electric company or electricity service supplier shall make the report to the Public Utility Commission. A consumer-owned utility shall make the report to the members or customers of the utility. (2) The commission shall review each compliance report filed under this section by an electric company or electricity service supplier for the purposes of determining whether the company or supplier has complied with the renewable portfolio standard applicable to the company or supplier and the manner in which the company or supplier has complied. In reviewing the reports, the commission shall consider: (a) The relative amounts of renewable energy certificates and other payments used by the company or supplier to meet the applicable renewable portfolio standard, including: (A) Bundled renewable energy certificates; (B) Unbundled renewable energy certificates; (C) Banked renewable energy certificates; and (D) Alternative compliance payments under ORS 469A.180. (b) The timing of electricity purchases. (c) The market prices for electricity purchases and unbundled renewable energy certificates. (d) Whether the actions taken by the company or supplier are contributing to long term development of generating capacity using renewable energy sources. (e) The effect of the actions taken by the company or supplier on the rates payable by retail electricity consumers. (f) Good faith forecasting differences associated with the projected number of retail electricity consumers served and the availability of electricity from renewable energy sources. (g) For electric companies, consistency with the companys plan under ORS 469A.075 for meeting the requirements of the renewable portfolio standard as described in the companys integrated resource plan and as reviewed by the commission. (h) Any other factors deemed reasonable by the commission. (3) The commission by rule may establish requirements for compliance reports submitted by an electric company or electricity service supplier. [2007 c.301 19; 2023 c.54 2] (Alternative Compliance Payments)
ORS Chapter 469a — Renewable Portfolio

ORS 469a.180. Electric companies; electricity service suppliers. (1) The Public Utility Commission shall establish an alternative compliance rate for each compliance year for each electric company or electricity service supplier that is subject to a renewable portfolio standard. The rate shall be expressed in dollars per megawatt-hour. (2) The commission shall establish an alternative compliance rate based on the cost of qualifying electricity, contracts that the electric company or electricity service supplier has acquired for future delivery of qualifying electricity and the number of unbundled renewable energy certificates that the company or supplier anticipates using in the compliance year to meet the renewable portfolio standard applicable to the company or supplier. The commission shall also consider any determinations made under ORS 469A.170 in reviewing the compliance report made by the electric company or electricity service supplier for the previous compliance year. In establishing an alternative compliance rate, the commission shall set the rate to provide adequate incentive for the electric company or electricity service supplier to purchase or generate qualifying electricity in lieu of using alternative compliance payments to meet the renewable portfolio standard applicable to the company or supplier. (3) An electric company or electricity service supplier may elect to use, or may be required by the commission to use, alternative compliance payments to comply with the renewable portfolio standard applicable to the company or supplier. Any election by an electric company or electricity service supplier to use alternative compliance payments is subject to review by the commission under ORS 469A.170. An electric company or electricity service supplier may not be required to make alternative compliance payments that would result in the company or supplier exceeding the cost limitation established under ORS
ORS Chapter 469a — Renewable Portfolio

ORS 469a.185. Consumer-owned utilities. The governing body of a consumer-owned utility shall establish an alternative compliance rate for the utility. To the extent possible, the alternative compliance rate shall be determined by the governing body of the consumer-owned utility in a manner similar to that used by the Public Utility Commission in establishing alternative compliance rates under ORS 469A.180. Amounts collected as alternative compliance payments by a consumer-owned utility may be used for the purposes specified in ORS 469A.180 (5) and for the purpose of paying expenses associated with research, development and demonstration projects related to the generation of qualifying electricity by the utility. [2007 c.301 21] (Penalty)
ORS Chapter 469a — Renewable Portfolio

ORS 469a.200. Penalty. If an electric company or electricity service supplier that is subject to a renewable portfolio standard under ORS 469A.005 to 469A.210 fails to comply with the standard in the manner provided by ORS 469A.005 to 469A.210, the Public Utility Commission may impose a penalty against the company or supplier in an amount determined by the commission. A penalty under this section is in addition to any alternative compliance payment required or elected under ORS
ORS Chapter 469a — Renewable Portfolio

ORS 469a.205. Green power rate. (1) Electric utilities shall allow retail electricity consumers to elect a green power rate. A significant portion of the electricity purchased or generated by a utility that is attributable to moneys paid by retail electricity consumers who elect the green power rate must be qualifying electricity, and the utility must inform consumers of the sources of the electricity purchased or generated by the utility that is attributable to moneys paid by consumers who elect the green power rate. The green power rate shall reasonably reflect the costs of the electricity purchased or generated by the utility that is attributable to moneys paid by retail electricity consumers who elect the green power rate. All prudently incurred costs associated with the green power rate are recoverable in a green power rate offered by an electric company. (2) Any qualifying electricity procured by an electric utility to provide electricity under a green power rate under subsection (1) of this section or ORS 757.603 (3)(a) may not be used by the utility to comply with the requirements of a renewable portfolio standard. (3) The provisions of subsection (1) of this section do not apply to electric companies that are subject to ORS 757.603 (3)(a). (4) An electric utility may comply with the requirements of subsection (1) of this section by contracting with a third-party provider. [2007 c.301 23; 2021 c.508 21] COMMUNITY-BASED RENEWABLE ENERGY PROJECTS