justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 469 — Energy; Conservation

ORS 469.561. Property insurance required; exceptions; filing of policy. (1) A person owning and operating a nuclear power plant in this state under a license issued by the United States Nuclear Regulatory Commission or under a site certificate issued under ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992 shall obtain and maintain property insurance in the maximum insurable amount available for each nuclear incident occurring within this state, as required by this section. The insurance shall cover property damage occurring within a nuclear plant and its related or supporting facilities as a result of the nuclear incident. (2) Insurance required under this section does not apply to: (a) Any claim of an employee of a person obtaining insurance under this section, if the claim is made under a state or federal workers compensation Act and if the employee is employed at the site of and in connection with the nuclear power plant at which the nuclear incident occurred; or (b) Any claim arising out of an act of war. (3) A person obtaining insurance under this section shall maintain insurance for the term of the license issued to the nuclear power plant by the United States Nuclear Regulatory Commission and for any extension of the term, and until all radioactive material has been removed from the nuclear power plant and transportation of the radioactive material from the nuclear power plant has ended. (4) A person obtaining insurance under this section shall file a copy of the insurance policy, any amendment to the policy and any superseding insurance policy with the Director of the State Department of Energy. (5) Property insurance required under this section is in addition to and not in lieu of insurance coverage provided under the Price-Anderson Act (42 U.S.C. 2210). (6) Property insurance required by subsections (1) to (5) of this section may include private insurance, self-insurance, utility industry association self-assurance pooling programs, or a combination of all three. (7) A person may fulfill the requirements for an insurance policy under subsections (1) to (5) of this section by obtaining policies of one or more insurance carriers if the policies together meet the requirements of subsections (1) to (5) of this section. [Formerly 469.565]
ORS Chapter 469 — Energy; Conservation

ORS 469.562. Eligible insurers. (1) In order to provide the private insurance specified under ORS 469.561, an insurer must be authorized to provide or transact insurance in this state. (2) An insurer providing property insurance required under ORS 469.561 (1) to (5) may obtain reinsurance as defined in ORS 731.126. [Formerly 469.567] (Enforcement)
ORS Chapter 469 — Energy; Conservation

ORS 469.563. notwithstanding the definition of energy facility in ORS 469.300, is: (A) An electric power generating plant with an average electric generating capacity of less than 50 megawatts produced from wind energy at a single energy facility or within a single energy generation area; (B) An associated transmission line; or (C) A solar photovoltaic power generation facility that is not an energy facility as defined in ORS 469.300 (11)(a)(D). (b) An election by a developer or a local government under this subsection is final. (c) An election by a local government under this subsection is not a land use decision as defined in ORS 197.015. (d) A local government may not make an election under this subsection after a permit application has been submitted under ORS 215.416 or 227.175.
ORS Chapter 469 — Energy; Conservation

ORS 469.564. Records or information for enforcement; correction of violation; determination of compliance; costs. (1) The Director of the State Department of Energy or the Energy Facility Siting Council may obtain from any persons all records or information needed to carry out and enforce ORS 469.525, 469.550 (3) and 469.607. In obtaining records or information under this subsection, the director or the council, with the written consent of the Governor, may subpoena witnesses, material and relevant books, papers, accounts, records and memoranda, may administer oaths and may cause the depositions of persons residing within or without Oregon to be taken in the manner prescribed for depositions in civil actions in circuit courts. (2) The director or the council may require a person to take actions as necessary to correct a past or ongoing violation of ORS 469.525, 469.550 (3) or 469.607 or to ensure future compliance with ORS 469.525, 469.550 (3) or 469.607 or rules adopted for the purposes of carrying out ORS 469.525, 469.550 (3) or
ORS Chapter 469 — Energy; Conservation

ORS 469.565. [1981 c.866 3,4; renumbered 469.561 in 1997] (Oregon Hanford Cleanup Board)
ORS Chapter 469 — Energy; Conservation

ORS 469.566. Legislative findings. (1) The Legislative Assembly finds and declares that Oregon is not assured that the United States Department of Energy will: (a) Consider the unique features of Oregon and the needs of the people of Oregon when assessing the Hanford Nuclear Reservation as a potentially suitable location for the long-term disposal of high-level radioactive waste; or (b) Ensure adequate opportunity for public participation in the assessment process. (2) Over the past 45 years, the United States has developed and produced nuclear weapons at the Hanford Nuclear Reservation and during this period large quantities of radioactive hazardous and chemical wastes have accumulated at the Hanford Nuclear Reservation, and the waste sites pose an immediate and serious long-term threat to the environment and to public health and safety. (3) Therefore, the Legislative Assembly declares that it is in the best interests of the State of Oregon to establish an Oregon Hanford Cleanup Board to serve as a focus for the State of Oregon in the development of a state policy to be presented to the federal government, to ensure a maximum of public participation in the assessment and cleanup process. [1987 c.514 1; 1991 c.562 3; 2001 c.104 204; 2003 c.186 33] Note:
ORS Chapter 469 — Energy; Conservation

ORS 469.568. Construction of ORS 469.566 to 469.583. Nothing in ORS 469.566 to 469.583 shall be interpreted by the federal government or the United States Department of Energy as an expression by the people of Oregon to accept the Hanford Nuclear Reservation as the site for the long-term disposal of high-level radioactive waste. [1987 c.514 2; 2001 c.104 205] Note: See note under
ORS Chapter 469 — Energy; Conservation

ORS 469.569. Definitions for ORS 469.566 to 469.583. As used in ORS 469.566 to 469.583: (1) Board means the Oregon Hanford Cleanup Board. (2) High-level radioactive waste means fuel or fission products from a commercial nuclear reactor after irradiation that is packaged and prepared for disposal. (3) United States Department of Energy means the federal Department of Energy established under 42 U.S.C.A. 7131 or any successor agency assigned responsibility for the long-term disposal of high-level radioactive waste. [1987 c.514 3; 2003 c.186 34] Note: See note under
ORS Chapter 469 — Energy; Conservation

ORS 469.571. Oregon Hanford Cleanup Board; members; appointment. There is created an Oregon Hanford Cleanup Board that shall consist of the following members: (1) The Director of the State Department of Energy or designee; (2) The Water Resources Director or designee; (3) A representative of the Governor; (4) One member representing the Confederated Tribes of the Umatilla Indian Reservation; (5) Ten members of the public, appointed by the Governor, one of whom shall be a representative of a local emergency response organization in eastern Oregon and one of whom shall serve as chairperson; and (6) Three members of the Senate, appointed by the President of the Senate, and three members of the House of Representatives, appointed by the Speaker of the House of Representatives who shall serve as advisory members without vote. [1987 c.514 4; 1991 c.562 1; 1997 c.249 271; 2003 c.186 5] Note: See note under
ORS Chapter 469 — Energy; Conservation

ORS 469.572. Compensation of board members. (1) Each member of the Oregon Hanford Cleanup Board shall serve at the pleasure of the appointing authority. For purposes of this subsection, for those members of the board selected by the public advisory committee, the appointing authority shall be the public advisory committee. (2) Each public member of the board shall receive compensation and expenses as provided in ORS 292.495. Each legislative member shall receive compensation and expenses as provided in ORS 171.072. (3) The board shall be under the supervision of the chairperson. [1987 c.514 5] Note: See note under
ORS Chapter 469 — Energy; Conservation

ORS 469.573. Purpose of Oregon Hanford Cleanup Board. The Oregon Hanford Cleanup Board: (1) Shall serve as the focal point for all policy discussions within the state government concerning the disposal of high-level radioactive waste in the northwest region. (2) Shall recommend a state policy to the Governor and to the Legislative Assembly. (3) After consultation with the Governor, may make policy recommendations on other issues related to the Hanford Nuclear Reservation at Richland, Washington, including but not limited to defense wastes, disposal and treatment of chemical waste and plutonium production. [1987 c.514 6; 2001 c.104 206] Note: See note under
ORS Chapter 469 — Energy; Conservation

ORS 469.575. Duties of chairperson of Oregon Hanford Cleanup Board. The chairperson of the Oregon Hanford Cleanup Board shall: (1) Supervise the day-to-day functions of the board; (2) Hire, assign, reassign and coordinate the administrative personnel of the board, prescribe their duties and fix their compensation, subject to the State Personnel Relations Law; and (3) Request technical assistance from any other state agency. [1987 c.514 8] Note: See note under
ORS Chapter 469 — Energy; Conservation

ORS 469.576. Review of Hanford as site selected for long-term disposal of high-level radioactive waste. (1) If the United States Department of Energy selects the Hanford Nuclear Reservation as the site for the construction of a repository for the long-term disposal of high-level radioactive waste, the Oregon Hanford Cleanup Board shall review the selected site and the site plan prepared by the United States Department of Energy. In conducting its review the board shall: (a) Include a full scientific review of the adequacy of the selected site and of the site plan; (b) Use recognized experts; (c) Conduct one or more public hearings on the site plan; (d) Make available to the public arguments and evidence for and against the site plan; and (e) Solicit comments from appropriate state agencies, local governments, regional planning commissions, American Indian tribal governing bodies, the general public and interested citizen groups on the adequacy of the Hanford site and the site plan. (2) After completing the review under subsection (1) of this section, the board shall submit a recommendation to the Speaker of the House of Representatives, the President of the Senate and the Governor on whether the state should accept the Hanford site. [1987 c.514 10; 2001 c.104 208] Note: See note under
ORS Chapter 469 — Energy; Conservation

ORS 469.577. Lead agency; agreements with federal agencies related to long-term disposal of high-level radioactive waste. (1) In addition to any other duty prescribed by law and subject to the policy direction of the board, a lead agency designated by the Governor shall negotiate written agreements and modifications to those agreements, with the United States Department of Energy or any other federal agency or state on any matter related to the long-term disposal of high-level radioactive waste. (2) Any agreement or modification to an agreement negotiated by the agency designated by the Governor under subsection (1) of this section shall be consistent with the policy expressed by the Governor and the Legislative Assembly as developed by the Oregon Hanford Cleanup Board. (3) The Oregon Hanford Cleanup Board shall make recommendations to the agency designated by the Governor under subsection (1) of this section concerning the terms of agreements or modifications to agreements negotiated under subsection (1) of this section or other issues related to the Hanford Nuclear Reservation. [1987 c.514 11; 1991 c.562 5; 2001 c.104 209] Note: See note under
ORS Chapter 469 — Energy; Conservation

ORS 469.578. Oregon Hanford Cleanup Board to implement agreements with federal agencies. The Oregon Hanford Cleanup Board shall implement agreements, modifications and technical revisions approved by the agency designated by the Governor under ORS 469.577. In implementing these agreements, modifications and revisions, the board may solicit the views of any appropriate state agency, local government, regional planning commission, American Indian tribal governing body, the general public and interested citizen groups. [1987 c.514 12] Note: See note under
ORS Chapter 469 — Energy; Conservation

ORS 469.579. Authority to accept moneys; disbursement of funds; rules. The Oregon Hanford Cleanup Board may accept moneys from the United States Department of Energy, other federal agencies, the State of Washington and from gifts and grants received from any other person. Such moneys are continuously appropriated to the board for the purpose of carrying out the provisions of ORS
ORS Chapter 469 — Energy; Conservation

ORS 469.581. Advisory and technical committees. The Oregon Hanford Cleanup Board may establish any advisory and technical committee it considers necessary. Members of any advisory or technical committee established under this section may receive reimbursement for travel expenses incurred in the performance of their duties in accordance with ORS 292.495. [1987 c.514 14; 1991 c.562 2] Note: See note under
ORS Chapter 469 — Energy; Conservation

ORS 469.582. Cooperation with Oregon Hanford Cleanup Board; technical assistance from other state agencies. All departments, agencies and officers of this state and its political subdivisions shall cooperate with the Oregon Hanford Cleanup Board in carrying out any of its activities under ORS 469.566 to 469.583 and, at the request of the chairperson, provide technical assistance to the board. [1987 c.514 15] Note: See note under
ORS Chapter 469 — Energy; Conservation

ORS 469.583. Rules. In accordance with the applicable provisions of ORS chapter 183, the Oregon Hanford Cleanup Board shall adopt rules and standards to carry out the requirements of ORS 469.566 to 469.583. [1987 c.514 16] Note: See note under
ORS Chapter 469 — Energy; Conservation

ORS 469.584. Findings. The Legislative Assembly and the people of the State of Oregon find that: (1) In order to solve the problem of high-level radioactive waste disposal, Congress established a process for selecting two sites for the safe, permanent and regionally equitable disposal of such waste. (2) The process of selecting three sites as final candidates, including the Hanford Nuclear Reservation in the State of Washington, for a first high-level nuclear waste repository by the United States Department of Energy violated the intent and the mandate of Congress. (3) The United States Department of Energy has prematurely deferred consideration of numerous potential sites and disposal media that its own research indicates are more appropriate, safer and less expensive. (4) Placement of a repository at Hanford without methodical and independently verified scientific evaluation threatens the health and safety of the people and the environment of this state. (5) The selection process is flawed and not credible because it did not include independent experts in the selection of the sites and in the review of the selected sites, as recommended by the National Academy of Sciences. (6) By postponing indefinitely all site specific work for an eastern repository, the United States Department of Energy has not complied with the intent of Congress expressed in the Nuclear Waste Policy Act, Public Law 97-425, and the fundamental compromise which enabled its enactment. [1987 c.13 1; 2001 c.104 211] Note:
ORS Chapter 469 — Energy; Conservation

ORS 469.585. Activities of state related to selection of high-level radioactive waste disposal site. In order to achieve complete compliance with federal law and protect the health, safety and welfare of the people of the State of Oregon, the Legislative Assembly, other statewide officials and state agencies shall use all legal means necessary to: (1) Suspend the preliminary site selection process for a high-level nuclear waste repository, including the process of site characterization, until there is compliance with the intent of the Nuclear Waste Policy Act; (2) Reverse the Secretary of Energys decision to postpone indefinitely all site specific work on locating and developing an eastern repository for high-level nuclear waste; (3) Insist that the United States Department of Energys site selection process, when resumed, considers all acceptable geologic media and results in safe, scientifically justified and regionally and geographically equitable high-level nuclear waste disposal; (4) Demand that federal budget actions fully and completely follow the intent of the Nuclear Waste Policy Act; (5) Continue to pursue alliances with other states and interested parties, particularly with Pacific Northwest Governors, legislatures and other parties, affected by the site selection process and transportation of high-level nuclear waste; and (6) Ensure that Oregon, because of its close geographic and geologic proximity to the proposed Hanford Nuclear Reservation site, be accorded the same status under federal law as a state in which a high-level nuclear repository is proposed to be located. [1987 c.13 2; 2001 c.104 212] Note: See note under
ORS Chapter 469 — Energy; Conservation

ORS 469.586. Findings. The Legislative Assembly and the people of the State of Oregon find that: (1) The maintenance of healthy, unpolluted river systems, airsheds and land are essential to the economic vitality and well-being of the citizens of the State of Oregon and the Pacific Northwest. (2) Radioactive waste stored at the Hanford Nuclear Reservation is already leaking into and contaminating the water table and watershed of the Columbia River and radioactive materials and toxic compounds have been found in plants, animals and waters downstream from the Hanford Nuclear Reservation and constitute a present and potential threat to the health, safety and welfare of the people of the State of Oregon. (3) The Hanford Nuclear Reservation is now one of the most radioactively contaminated sites in the world, according to government studies, and will require billions of dollars in costs for cleanup and the ongoing assessment of health effects. (4) In November 1980, the people of the State of Oregon, by direct vote in a statewide election, enacted a moratorium on the construction of nuclear power plants, and no nuclear power plants are presently operating in the State of Oregon. (5) In May 1987, the people of the State of Oregon, by direct vote in a statewide election, enacted Ballot Measure 1, opposing the disposal of highly radioactive spent fuel from commercial power plants at the Hanford Nuclear Reservation. (6) In 1995, the Legislative Assembly resolved that Oregon should have all legal rights in matters affecting the Hanford Nuclear Reservation, including party status in the Hanford tri-party agreement that governs the cleanup of the reservation. (7) Throughout the administrations of Presidents Ford, Carter, Reagan and Bush, the policy of the federal government banned the use of plutonium in commercial nuclear power plants due to the risk that the plutonium could be diverted to terrorists and to nations that have not renounced the use of nuclear weapons. (8) The federal government has announced that it will process plutonium from weapons with uranium to produce mixed oxide fuel for commercial nuclear power plants and other nuclear facilities. The Hanford Nuclear Reservation, located on the Columbia River, is a primary candidate site being considered for the production facilities. (9) The production of mixed oxide fuel will result in enormous new quantities of radioactive and chemical wastes that will present significant additional disposal problems and unknown costs. [1997 c.617 1] Note:
ORS Chapter 469 — Energy; Conservation

ORS 469.587. Position of State of Oregon related to operation of Hanford Nuclear Reservation. The Legislative Assembly and the people of the State of Oregon: (1) Declare that the State of Oregon is unalterably opposed to the use of the Hanford Nuclear Reservation for operations that create more contamination at the Hanford Nuclear Reservation, divert resources from cleanup at the Hanford Nuclear Reservation and make the Hanford Nuclear Reservation cleanup more difficult, such as the processing of plutonium to fuel nuclear power plants, reactors or any other facilities, and further declare that vitrification in a safe manner is the preferred means to dispose of excess plutonium, in order to protect human health and the environment. (2) Request that the President of the United States and the Secretary of Energy continue their previous policy of banning the use of plutonium to fuel commercial power plants and nuclear facilities. (3) Request that the federal government honor the federal governments original mandate to implement and complete the cleanup and restoration of the Hanford Nuclear Reservation. [1997 c.617 2] Note: See note under
ORS Chapter 469 — Energy; Conservation

ORS 469.590. inspection and copying during regular office hours of the State Department of Energy at the expense of any person requesting copies. (2) Any information, other than that relating to the public safety, relating to secret process, device, or method of manufacturing or production obtained in the course of inspection, investigation or activities under ORS 469.300 to
ORS Chapter 469 — Energy; Conservation

ORS 469.593. Findings. The people of this state find that if no permanent repository for high-level radioactive waste is provided by the federal government, the residents of the state may face the undue financial burden of paying for construction of a repository for such wastes. Therefore, the people of this state enact ORS
ORS Chapter 469 — Energy; Conservation

ORS 469.594. Storage of high-level radioactive waste after expiration of license prohibited; continuing responsibility for storage; implementation agreements. (1) Notwithstanding the definition of a waste disposal facility under ORS
ORS Chapter 469 — Energy; Conservation

ORS 469.595. Condition to site certificate for nuclear-fueled thermal power plant. Before issuing a site certificate for a nuclear-fueled thermal power plant, the Energy Facility Siting Council must find that an adequate repository for the disposal of the high-level radioactive waste produced by the plant has been licensed to operate by the appropriate agency of the federal government. The repository must provide for the terminal disposition of such waste, with or without provision for retrieval for reprocessing.
ORS Chapter 469 — Energy; Conservation

ORS 469.597. Election procedure; elector approval required. (1) Notwithstanding the provisions of ORS 469.370, if the Energy Facility Siting Council finds that the requirements of ORS 469.595 have been satisfied and proposes to issue a site certificate for a nuclear-fueled thermal power plant, the proposal shall be submitted to the electors of this state for their approval or rejection at the next available statewide general election. The procedures for submitting a proposal to the electors under this section shall conform, as nearly as possible to those for state measures, including but not limited to procedures for printing related material in the voters pamphlet. (2) A site certificate for a nuclear-fueled thermal power plant shall not be issued until the electors of this state have approved the issuance of the certificate at an election held pursuant to subsection (1) of this section. [1981 c.1 4,5]