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

ORS 469.599. Public Utility Commissions duty. The Public Utility Commission shall not authorize the issuance of stocks, bonds or other evidences of indebtedness to finance any nuclear-fueled thermal power plant pursuant to ORS 757.400 to 757.463 until the Energy Facility Siting Council has made the finding required under ORS 469.595.
ORS Chapter 469 — Energy; Conservation

ORS 469.601. Effect of ORS 469.595 on applications and applicants. ORS 469.595 does not prohibit: (1) The Energy Facility Siting Council from receiving and processing applications for site certificates for nuclear-fueled thermal power plants under ORS 469.300 to 469.563, 469.590 to 469.619 and 469.930; or (2) An applicant for a site certificate under ORS 469.300 to 469.563, 469.590 to
ORS Chapter 469 — Energy; Conservation

ORS 469.603. in ORS 469.606. (6) The director may delegate the authority to issue permits for the transportation of radioactive material to the Department of Transportation. In exercising such authority, the Department of Transportation shall comply with the applicable provisions of ORS 469.603 to 469.619 and rules adopted by the director or the Energy Facility Siting Council under ORS 469.603 to 469.619. Permits issued by the Department of Transportation under this subsection shall be enforced according to the provisions of ORS 825.258. The director also may delegate other authority granted under ORS 469.605 to 469.619 to other state agencies if the delegation will maintain or enhance the quality of the transportation safety program.
ORS Chapter 469 — Energy; Conservation

ORS 469.605. Permit to transport required; application; delegation of authority to issue permits; fees; rules. (1) No person shall ship or transport radioactive material identified by the Energy Facility Siting Council by rule as posing a significant hazard to public health and safety or the environment if improperly transported into or within the State of Oregon without first obtaining a permit from the State Department of Energy. (2) Such permit shall be issued for a period not to exceed one year and shall be valid for all shipments within that period of time unless specifically limited by permit conditions. (3) Application for a permit under this section shall be made in a form and manner prescribed by the Director of the State Department of Energy and may include: (a) A description of the kind, quantity and radioactivity of the material to be transported; (b) A description of the route or routes proposed to be taken and the transport schedule; (c) A description of any mode of transportation; and (d) Other information required by the director to evaluate the application. (4) The director shall collect a fee from all applicants for permits under this section in an amount reasonably calculated to provide for the costs to the department of performing the duties of the department under ORS 469.550 (3),
ORS Chapter 469 — Energy; Conservation

ORS 469.606. Determination of best and safest route. (1) Upon receipt of an application required under ORS 469.605 for which radioactive material is proposed to be transported by highway, the State Department of Energy shall confer with the following persons to determine whether the proposed route is safe, and complies with applicable routing requirements of the United States Department of Transportation and the United States Nuclear Regulatory Commission: (a) The Oregon Department of Transportation, or a designee of the Oregon Department of Transportation; (b) The Energy Facility Siting Council, or a designee of the Energy Facility Siting Council; and (c) The Oregon Transportation Commission, or a designee of the Oregon Transportation Commission. (2) If, after consultation with the persons set forth in subsection (1) of this section, a determination is made that the proposed route is not the best and safest route for transporting the material, the Director of the State Department of Energy shall deny the application except as provided in subsection (3) of this section. (3) If the applicant is prohibited by a statute, rule or other action of an adjacent state or a political subdivision in an adjacent state from using the route that complies with federal law, the director: (a) Shall petition the United States Department of Transportation for an administrative determination of preemption of the ban, pursuant to section 13 of the Hazardous Materials Transportation Uniform Safety Act of 1990, P.L. 101-615. (b) May issue a permit as provided under ORS 469.605 (5) with conditions necessary to ensure safe transport over a route available to the applicant, until the United States Department of Transportation determines whether the prohibition by the other state or political subdivision is preempted.
ORS Chapter 469 — Energy; Conservation

ORS 469.607. (b) If a person refuses to comply with this subsection, the department or a duly authorized and identified representative of the department may obtain a warrant or subpoena to allow the entry, inspection or sampling authorized by this subsection. (4)(a) A person found by the director or the council to be in violation of ORS 469.525 shall reimburse the department for all necessary, just and reasonable costs incurred by the department in the investigation of the violation. Department costs may include: (A) Legal expenses; (B) Expenses incurred in obtaining and inspecting records, information or samples under subsections (1) to (3) of this section; and (C) Expenses incurred in issuing any final order or notice of violation. (b) Upon request, the department shall provide a detailed justification for all costs charged to a person under this subsection. (c) If a dispute arises regarding the necessity or reasonableness of expenses charged to a person under this subsection, the person may seek judicial review of the amount of expenses charged in circuit court as provided in ORS 183.480, 183.484, 183.490 and 183.500. If the person establishes that any of the charges are unnecessary or unreasonable, the department shall refund the amount found to be unnecessary or unreasonable. The person may not waive the right to judicial review by paying the portion of the fee or expense in dispute. [2021 c.38 4] Note:
ORS Chapter 469 — Energy; Conservation

ORS 469.609. Annual report to state agencies and local governments on shipment of radioactive wastes. Annually, the Director of the State Department of Energy shall report to interested state agencies and all local government agencies trained under ORS
ORS Chapter 469 — Energy; Conservation

ORS 469.611. Emergency preparedness and response program; radiation emergency response team; training. Notwithstanding ORS chapter 401: (1) The Director of the State Department of Energy shall coordinate emergency preparedness and response with appropriate agencies of government at the local, state and national levels to ensure that the response to a radioactive material transportation accident is swift and appropriate to minimize damage to any person, property or wildlife. This program shall include the preparation of localized plans setting forth agency responsibilities for on-scene response. (2) The director shall: (a) Apply for federal funds as available to train, equip and maintain an appropriate response capability at the state and local level; and (b) Request all available training and planning materials. (3) The Oregon Health Authority shall maintain a trained and equipped radiation emergency response team available at all times for dispatch to any radiological emergency. Before arrival of the team at the scene of a radiological accident, the director may designate other technical advisors to work with the local response agencies. (4) The authority shall assist the director to ensure that all emergency services organizations along major transport routes for radioactive materials are offered training and retraining in the proper procedures for identifying and dealing with a radiological accident pending the arrival of persons with technical expertise. The authority shall report annually to the director on training of emergency response personnel.
ORS Chapter 469 — Energy; Conservation

ORS 469.613. Records; inspection; rules. (1) Any person obtaining a permit under ORS 469.605 shall establish and maintain any records, make any reports and provide any information as the Energy Facility Siting Council may by rule or order require to assure compliance with the conditions of the permit or other rules affecting the transportation of radioactive materials and submit the reports and make the records and information available at the request of the Director of the State Department of Energy. Any requirement imposed by the council under this subsection shall be consistent with regulations of the United States Department of Transportation and the United States Nuclear Regulatory Commission. (2) The director may authorize any employee or agent of the director to enter upon, inspect and examine, at reasonable times and in a reasonable manner for the purpose of administration or enforcement of the provisions of ORS 469.550,
ORS Chapter 469 — Energy; Conservation

ORS 469.615. Indemnity for claims against state insurance coverage certification; reimbursement for costs incurred in nuclear incident. (1) A person transporting radioactive materials in this state shall indemnify the State of Oregon and its political subdivisions and agents for any claims arising from the release of radioactive material during that transportation and pay for the cost of response to an accident involving the radioactive material. (2) With respect to radioactive materials, the Director of the State Department of Energy shall ascertain and certify that insurance coverage required under 42 U.S.C. 2210 is in force and effect at the time the permit is issued under ORS
ORS Chapter 469 — Energy; Conservation

ORS 469.617. Report to legislature; content. The Director of the State Department of Energy shall prepare and submit to the Governor for transmittal to the Legislative Assembly, on or before the beginning of each odd-numbered year regular legislative session, a comprehensive report on the transportation of radioactive material in Oregon and provide an evaluation of the adequacy of the states emergency response agencies. The report shall include, but need not be limited to: (1) A brief description and compilation of any accidents and casualties involving the transportation of radioactive material in Oregon; (2) An evaluation of the effectiveness of enforcement activities and the degree of compliance with applicable rules; (3) A summary of outstanding problems confronting the State Department of Energy in administering ORS 469.550, 469.563, 469.603 to 469.619 and 469.992; and (4) Such recommendations for additional legislation as the Energy Facility Siting Council considers necessary and appropriate.
ORS Chapter 469 — Energy; Conservation

ORS 469.619. certificate issued under ORS 469.300 to 469.601 or for violation of a State Department of Energy order issued pursuant to ORS 469.405 (3). A civil penalty in an amount of not more than $25,000 per day for each day of violation may be assessed. (2) Subject to ORS 153.022, violation of an order entered pursuant to ORS 469.550 is punishable upon conviction by a fine of $50,000. Each day of violation constitutes a separate offense. (3) A civil penalty in an amount not less than $100 per day nor more than $1,000 per day may be assessed by the director or the Energy Facility Siting Council for a willful failure to comply with a subpoena served by the 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 provision of ORS 469.603 to 469.619 may be assessed by the circuit court upon complaint of any person injured by the violation. [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
ORS Chapter 469 — Energy; Conservation

ORS 469.621. [1981 c.707 7; repealed by 1993 c.742 101] RESIDENTIAL ENERGY CONSERVATION ACT (Investor-Owned Utilities)
ORS Chapter 469 — Energy; Conservation

ORS 469.634. Contributions for urban and community forest activities by customers of investor-owned utilities; rules; uses. (1) The Public Utility Commission of Oregon by rule shall establish a system to allow customers of investor-owned utilities to voluntarily contribute an amount that is to be used for urban and community forest activities within the area served by the utility. The amount shall be in addition to the customers utility bill. Investor-owned utilities may choose to use the system established by the commission. (2) The utility shall pay to the State Forester the amount designated under subsection (1) of this section. The State Forester shall deposit the moneys collected under this section into the Urban and Community Forestry Subaccount established under ORS 526.060. (3) The State Forester shall use the moneys collected under this section for urban and community forest activities. The State Forester by rule, in consultation with the Public Utility Commission of Oregon and local utilities, shall establish guidelines to distribute moneys collected under this section through the Urban and Community Forestry Assistance Program. The guidelines shall include a requirement that moneys are distributed for energy conservation, by means of tree plantings, care and maintenance. (4) A utility shall not use more than 16 percent of the moneys collected under this section for administrative expenses. The State Forester shall not use more than 16 percent of the moneys collected under this section for administrative expenses. (5) As used in this section, urban and community forest activities means activities that promote cost-effective energy conservation. These activities may include the planting, managing and maintaining of residential, street and park trees on public and private land.
ORS Chapter 469 — Energy; Conservation

ORS 469.635. Alternative program of investor-owned utilities. (1) An investor-owned utility may meet the program submission requirements of ORS
ORS Chapter 469 — Energy; Conservation

ORS 469.636. Additional financing program by investor-owned utility for rental dwelling. In addition to the residential energy conservation program approved under ORS 469.633, an investor-owned utility may offer an additional financing program for energy conservation measures for a dwelling owner who rents the dwelling to a tenant whose dwelling unit receives energy for space heating from the investor-owned utility. The financing program may consist, at a minimum, of either of the following: (1) Offering low-interest loans to fund the entire cost of installed energy conservation measures up to $5,000 per dwelling unit. In addition to the loan subsidy provided under ORS 469.633 (3), the loan shall be further subsidized by applying the present value to the public utility of the tax credit received under ORS 469B.130 to 469B.169. Any portion of the present value of the tax credit shall accrue to the dwelling owner rather than to the investor-owned utility. (2) Offering cash payments in addition to the cash payments required in ORS 469.633 (3). The additional cash payment shall be equal to the present value of the tax credit received under ORS 469B.130 to 469B.169.
ORS Chapter 469 — Energy; Conservation

ORS 469.637. Energy conservation part of utility service of investor-owned utility. The provision of energy conservation measures to a dwelling shall be considered part of the utility service rendered by the investor-owned utility.
ORS Chapter 469 — Energy; Conservation

ORS 469.639. Billing for energy conservation measures. (1) Except as provided in subsection (2) of this section, the Public Utility Commission may require as part of an investor-owned utility residential energy conservation program that, for dwelling owners with approved credit, the utility add to the periodic utility bill for the owner-occupied dwelling for which energy conservation measures have been provided pursuant to ORS 469.631 to 469.645 an amount agreed to between the dwelling owner and the investor-owned utility. (2) The commission shall allow an investor-owned utility to charge or bill a dwelling owner separately from the periodic utility bill for energy conservation measures provided pursuant to ORS 469.631 to 469.645 if that utility wishes to do so.
ORS Chapter 469 — Energy; Conservation

ORS 469.641. Conditions for cash payments to dwelling owner by investor-owned utility. Except as provided in section 31, chapter 778, Oregon Laws 1981, an investor-owned utility shall not make a cash payment to a dwelling owner for energy conservation measures unless: (1) The measures were provided in the dwelling on or after November 1, 1981; and (2) The measures will not be paid for with other investor-owned utility grants or loans.
ORS Chapter 469 — Energy; Conservation

ORS 469.643. Formula for customer charges; rules. The Public Utility Commission shall adopt by rule a formula under which the investor-owned utility shall charge all customers to recover: (1) The cost to the investor-owned utility of the services required to be provided under ORS 469.633; and (2) Any bad debts, including casualty losses, attributable to dwelling owner default on a loan for energy conservation measures.
ORS Chapter 469 — Energy; Conservation

ORS 469.645. Implementation of program by investor-owned utility. After the Public Utility Commission has approved the residential energy conservation program of an investor-owned utility required by ORS 469.633, the investor-owned utility promptly shall implement that program. [1981 c.778 9] (Publicly Owned Utilities)
ORS Chapter 469 — Energy; Conservation

ORS 469.652. Contributions for urban and community forest activities by customers of publicly owned utilities; rules; uses. (1) Publicly owned utilities may establish a system to allow customers of publicly owned utilities to voluntarily contribute an amount that is to be used for urban and community forest activities within the area served by the utility. The amount shall be in addition to the customers utility bill. (2) The utility shall pay to the State Forester the amount designated under subsection (1) of this section. The State Forester shall deposit the moneys collected under this section into the Urban and Community Forestry Subaccount established under ORS 526.060. (3) The State Forester shall use the moneys collected under this section for urban and community forest activities. The State Forester by rule, in consultation with local utilities, shall establish guidelines to distribute moneys collected under this section through the Urban and Community Forestry Assistance Program. The guidelines shall include a requirement that moneys are distributed for energy conservation, by means of tree plantings, care and maintenance. (4) A utility shall not use more than 16 percent of the moneys collected under this section for administrative expenses. The State Forester shall not use more than 16 percent of the moneys collected under this section for administrative expenses. (5) As used in this section, urban and community forest activities means activities that promote cost-effective energy conservation. These activities may include the planting, managing and maintaining of residential, street and park trees on public and private land.
ORS Chapter 469 — Energy; Conservation

ORS 469.653. Alternative program of publicly owned utility. (1) A publicly owned utility may meet the program submission requirements of ORS 469.651 by submitting only the portions of its residential energy conservation program that are added to or revised in its program approved under section 4, chapter 887, Oregon Laws 1977, in order to make that earlier program fulfill the requirements of ORS 469.651. (2) A publicly owned utility shall offer a dwelling owner a financing program for cost-effective energy conservation measures that includes the option of a cash payment or a loan unless the publicly owned utility offers another financing program that meets or exceeds the program required in ORS 469.651 (3). A program shall be considered to meet or exceed the program required in ORS
ORS Chapter 469 — Energy; Conservation

ORS 469.655. Energy conservation as part of utility service of publicly owned utility. The provision of energy conservation measures to a dwelling shall be considered part of the utility service rendered by the publicly owned utility.
ORS Chapter 469 — Energy; Conservation

ORS 469.657. Conditions for cash payments to dwelling owner by publicly owned utility. Except as provided in section 31, chapter 778, Oregon Laws 1981, a publicly owned utility shall not make a cash payment to a dwelling owner for energy conservation measures unless: (1) The measures were provided in the dwelling on or after November 1, 1981. (2) The measures will not be paid for with other publicly owned utility grants or loans.
ORS Chapter 469 — Energy; Conservation

ORS 469.659. Implementation of program by publicly owned utility. After the publicly owned utility has submitted to the Director of the State Department of Energy the residential energy conservation program required by ORS 469.651, the publicly owned utility promptly shall implement that program.
ORS Chapter 469 — Energy; Conservation

ORS 469.683. [1981 c.778 24,25; 1989 c.966 55; 1993 c.434 2; 2003 c.186 46; 2017 c.727 11; renumbered 456.597 in 2017] (Miscellaneous)
ORS Chapter 469 — Energy; Conservation

ORS 469.685. Use of earlier energy audit. A dwelling owner served by an investor-owned utility, as defined in ORS 469.631, or a publicly owned utility, as defined in ORS 469.649, who applies for financing under the provisions of ORS 316.744, 317.386, 456.594 to 456.599 and 469.631 to 469.687, may use without obtaining a new energy audit an energy audit obtained from an energy supplier under chapter 887, Oregon Laws 1977, or a public utility under chapter 889, Oregon Laws 1977, before November 1, 1981.
ORS Chapter 469 — Energy; Conservation

ORS 469.687. Title for ORS 456.594 to 456.599 and 469.631 to 469.687. ORS 316.744, 317.386, 456.594 to 456.599 and 469.631 to 469.687 shall be known as the Oregon Residential Energy Conservation Act. [1981 c.778 1; 2003 c.46 52] ENERGY CONSERVATION PROGRAMS (Single Family Residence)
ORS Chapter 469 — Energy; Conservation

ORS 469.700. Energy efficiency ratings; public information; single family residence defined. (1) The Residential and Manufactured Structures Board or the Construction Industry Energy Board, after public hearing and subject to the approval of the Director of the Department of Consumer and Business Services, shall adopt a recommended voluntary energy efficiency rating system for single family residences and provide the State Department of Energy with a copy thereof. (2) The rating system shall provide a single numerical value or other simple concise means to measure the energy efficiency of any single family residence, taking into account factors including, but not limited to, the heat loss characteristics of ceilings, walls, floors, windows, doors and heating ducts. (3) Upon adoption of the rating system under subsections (1) and (2) of this section, the department shall publicize the availability of the system, and encourage its voluntary use in real estate transactions. (4) As used in subsections (1) to (3) of this section, single family residence means a structure designed as a residence for one family and sharing no common wall with another residence of any type. [1977 c.413 1,2,3; 1993 c.744 113; 2003 c.675 44; 2009 c.567 9,22] (Home Energy Performance Score System)