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

ORS 469.815. Status of members; duties; attendance at public meetings; technical assistance. (1) Persons appointed by the Governor and confirmed by the Senate to serve as Pacific Northwest Electric Power and Conservation Planning Council members shall be considered to be full-time state public officials. Council members shall perform the duties of members of the council as specified in Public Law 96-501, consistently with the priorities contained in section 4 thereof and as otherwise provided in state law. (2) If public meetings are held in the State of Oregon, pursuant to section 4(g)(1) of Public Law 96-501, council members must either attend the meeting or otherwise become familiar with the nature and content of the meeting. (3) A council member may request, and state agencies shall provide, technical assistance to assist the council member in performing the council members duties.
ORS Chapter 469 — Energy; Conservation

ORS 469.820. Term; reappointment; vacancy. (1) Each Pacific Northwest Electric Power and Conservation Planning Council member shall serve a term ending January 15 of the third year following appointment. A council member, except upon removal as provided in ORS 469.830 (2), continues to serve as a member of the council until a successor is appointed and confirmed. (2) A council member is eligible for reappointment, subject to Senate confirmation, but no member shall serve more than three consecutive terms. A council member who serves 18 months or more of a term shall be considered to have served a full term. However, with respect to the initial term consisting of two years, a council member who serves 12 months or more shall be considered to have served a full term. (3) Within 30 days of the creation of a vacancy in the position of a council member, the Governor shall appoint a person to serve the succeeding term or the remainder of the unexpired term. However, the Governor need not appoint a person to serve the remainder of the unexpired term if the vacancy occurs within 30 days or less of the expiration of the term.
ORS Chapter 469 — Energy; Conservation

ORS 469.825. Prohibited activities of members. (1) A person who has been a Pacific Northwest Electric Power and Conservation Planning Council member shall not engage in any of the activities prohibited by ORS 469.810 (2) and (3), within one year after ceasing to be a council member. (2) A person who has been a council member shall not appear as a representative of any party on any matter before the council within three years after ceasing to be a council member. (3) A person who has been a council member shall not represent, aid, counsel, consult or advise for financial gain any person on any matter before the council within three years after ceasing to be a council member. (4) A person who has been a council member shall not appear for financial gain as a representative of or aid, counsel or advise any party before the council or the Bonneville Power Administration or communicate with the council or the Bonneville Power Administration with the intent to influence the outcome of any decision on any matter in which the council member was substantially and personally involved while on the council. (5) Notwithstanding the status of council members as state officers, the provisions of 18 U.S.C. 207 relating to post-employment activities shall be considered to be state law in so far as they do not conflict therewith, applicable to council members appointed pursuant to ORS 469.802 to 469.845 and 469.990 (3), regardless of the salary paid to the council members. (6) Subsections (2) to (5) of this section shall not apply to any appearance, attendance, communication or other action on behalf of the State of Oregon; nor shall subsections (2) to (5) of this section apply to an appearance or communication made in response to a subpoena.
ORS Chapter 469 — Energy; Conservation

ORS 469.830. Removal of members; grounds; procedure. (1) Pacific Northwest Electric Power and Conservation Planning Council members shall serve at the pleasure of the Governor, except as provided in subsection (2) of this section. (2) The Governor shall remove a council member for the following causes: (a) Failure to attend three consecutive council meetings except for good cause. (b) Conviction of a felony. (c) Violation of ORS chapter 244. (d) Violation of ORS 469.810. (3) Before removal of a council member by the Governor, the council member shall be given a written statement of the reasons for removal and, upon request by the member, an opportunity to be heard publicly on such reasons before the Governor. A copy of the statement of reasons and a transcript of the record of the hearing shall be filed with the Secretary of State.
ORS Chapter 469 — Energy; Conservation

ORS 469.835. Salary of members; staff. (1) Each Pacific Northwest Electric Power and Conservation Planning Council member shall receive a salary not to exceed the salary of a member of the Public Utility Commission, or the maximum salary authorized under section 4(a)(3) of Public Law 96-501. (2) Each council member is entitled to appoint one secretarial staff assistant who shall be in the unclassified service.
ORS Chapter 469 — Energy; Conservation

ORS 469.840. Northwest Regional Power and Conservation Account; uses. (1) There is established a Northwest Regional Power and Conservation Account. Moneys received pursuant to Public Law 96-501 shall be placed in the account. (2) The account created by subsection (1) of this section is continuously appropriated for disbursement to state agencies, including but not limited to the Public Utility Commission, the State Department of Energy, the State Department of Fish and Wildlife and the Water Resources Department to carry out the purposes of Public Law 96-501, subject to legislative approval or limitation by law or Emergency Board action.
ORS Chapter 469 — Energy; Conservation

ORS 469.845. Annual report to Governor and legislature. Pacific Northwest Electric Power and Conservation Planning Council members shall prepare a report which shall be presented to the Governor and to the President of the Senate and the Speaker of the House of Representatives of the Legislative Assembly on October 1 of each year. The report shall include a review of the councils actions during the prior year. [1981 c.49 10] COMMERCIAL ENERGY CONSERVATION SERVICES PROGRAM
ORS Chapter 469 — Energy; Conservation

ORS 469.860. (d) Electric utility means a public utility, as defined in ORS 757.005, which produces, transmits, delivers or furnishes electric power and is regulated by the commission under ORS chapter 757. (e) Energy conservation measure means a measure primarily designed to improve the efficiency of energy use in a commercial building. Energy conservation measures include, but are not limited to, improved operation and maintenance measures, energy use analysis procedures, lighting system improvements, heating, ventilating and air conditioning system modifications, furnace and boiler efficiency improvements, automatic control systems including wide dead band thermostats, heat recovery devices, infiltration controls, envelope weatherization, solar water heaters and water heating heat pumps. (2) As used in ORS 469.865 and 469.900 (2), gas utility means a public utility, as defined in ORS 757.005, which delivers or furnishes natural gas to customers for heat, light or power. (3) As used in ORS 469.880 to 469.895 and 469.900 (3): (a) Commercial building means a public building as defined in ORS 455.560. (b) Conservation services has the meaning given in subsection (1) of this section. (c) Energy conservation measure has the meaning given in subsection (1) of this section. (d) Publicly owned utility means an electric utility owned or operated, in whole or in part, by a municipality, cooperative association or peoples utility district. [1981 c.708 1,7,13] Note:
ORS Chapter 469 — Energy; Conservation

ORS 469.863. Gas utility to adopt commercial energy audit program; rules. (1) Within 365 days after November 1, 1981, the Public Utility Commission shall adopt rules governing energy conservation programs provided by gas utilities under this section and may provide for coordination among electric utilities and gas utilities that serve the same commercial building. (2) Within 180 days after the effective date of the rules adopted by the commission under subsection (1) of this section, each gas utility shall present for the commissions approval a commercial energy audit program which shall, to the commissions satisfaction: (a) Make information about energy conservation measures available to any commercial building customer of the gas utility, upon request; (b) Regularly notify all customers in commercial buildings of the availability of the services described in this section; (c) Provide to any commercial building customer of the gas utility, upon request, an on-site energy audit of the customers commercial building, including, but not limited to, an estimate of the cost of the recommended energy conservation measure; and (d) Set a reasonable time schedule for effective implementation of the elements set forth in this section. [1981 c.708 8] Note: See note under
ORS Chapter 469 — Energy; Conservation

ORS 469.865. Electric utility to adopt commercial energy conservation services program. (1) Within 180 days after the adoption of the rules by the Public Utility Commission under section 2, chapter 708, Oregon Laws 1981, each electric utility shall present for the commissions approval a commercial energy conservation services program which shall, to the commissions satisfaction: (a) Make information about energy conservation available to any commercial building customer of the electric utility, upon request; (b) Regularly notify all customers in commercial buildings of the availability of the services described in this section; and (c) Provide to any commercial building customer of the electric utility, upon request, an on-site energy audit of the customers commercial building, including, but not limited to, an estimate of the cost of the energy conservation measures. (2) The programs submitted and approved under this section shall include a reasonable time schedule for effective implementation of the elements set forth in subsection (1) of this section in the service areas of the electric utility.
ORS Chapter 469 — Energy; Conservation

ORS 469.870. Application of ORS 469.865, 469.870 and 469.900 (1) to electric utility. ORS 469.865,
ORS Chapter 469 — Energy; Conservation

ORS 469.875. Fee for gas utility audit. The Public Utility Commission shall determine whether the gas utility may charge a reasonable fee to the customer for the energy audit service and, if so, the fee amount.
ORS Chapter 469 — Energy; Conservation

ORS 469.880. Energy audit program; rules. Each publicly owned utility serving Oregon shall, either independently or as part of an association, provide an energy audit program for its commercial customers. The Director of the State Department of Energy shall adopt rules governing the commercial energy audit program established under this section and may provide for coordination among electric utilities and gas utilities that serve the same commercial building.
ORS Chapter 469 — Energy; Conservation

ORS 469.885. Publicly owned utility to adopt commercial energy audit program; fee. (1) Within 180 days after the adoption of rules by the Director of the State Department of Energy under ORS 469.880, each publicly owned utility shall present for the directors approval a commercial energy audit program that shall, to the directors satisfaction: (a) Make information about energy conservation available to any commercial building customer of the publicly owned utility, upon request; (b) Regularly notify all customers in commercial buildings of the availability of the services described in this section; (c) Provide to any commercial building customer of the publicly owned utility, upon request, an on-site energy audit of the customers commercial building, including, but not limited to, an estimate of the cost of the energy conservation measures; and (d) Set a reasonable time schedule for effective implementation of the elements set forth in this section. (2) The commercial energy audit program submitted under subsection (1) of this section shall specify whether the publicly owned utility proposes to charge the customer a fee for the energy audit and, if so, the fee amount.
ORS Chapter 469 — Energy; Conservation

ORS 469.890. Publicly owned utility to adopt commercial energy conservation program; fees; rules. (1) Within 365 days after November 1, 1981, the Director of the State Department of Energy shall adopt rules governing energy conservation programs prescribed by ORS 469.895 and 469.900 (3) and this section and may provide for coordination among electric utilities and gas utilities that serve the same commercial building. Within 180 days of the adoption of rules by the director, each covered publicly owned utility shall present for the directors approval a commercial energy conservation services program that shall, to the directors satisfaction: (a) Make information about energy conservation available to all commercial building customers of the covered publicly owned utility, upon request; (b) Regularly notify all customers in commercial buildings of the availability of the services described in this section; and (c) Provide to any commercial building customer of the covered publicly owned utility, upon request, an on-site energy audit of the customers commercial building, including, but not limited to, an estimate of the cost of energy conservation measures. (2) The programs submitted and approved under this section shall include a reasonable time schedule for effective implementation of the elements set forth in subsection (1) of this section in the service areas of the covered publicly owned utility. (3) The commercial energy conservation services program submitted under subsections (1) and (2) of this section shall specify whether the covered publicly owned utility proposes to charge the customer a fee for the energy audit and, if so, the fee amount.
ORS Chapter 469 — Energy; Conservation

ORS 469.895. Application of ORS 469.890 to 469.900 to publicly owned utility. (1) ORS 469.890 and 469.900 (3) and this section apply in any calendar year to a publicly owned utility only if during the second preceding calendar year sales of electric energy by the publicly owned utility for purposes other than resale exceeded 750 million kilowatt-hours. For the purpose of ORS 469.890 and 469.900 (3) and this section, a publicly owned utility with sales for nonresale purposes in excess of 750 million kilowatt-hours during the second preceding calendar year shall be known as a covered publicly owned utility. (2) ORS 469.890 and 469.900 (3) and this section shall not apply to a covered publicly owned utility if the Director of the State Department of Energy determines that its existing commercial energy conservation services program meets or exceeds the requirements of those sections. (3) Before the beginning of each calendar year, the director shall publish a list identifying each covered publicly owned utility to which ORS 469.890 and
ORS Chapter 469 — Energy; Conservation

ORS 469.900. otherwise: (1) Agency includes a department or other agency of state government, city, county, municipal corporation, political subdivision, port, peoples utility district, joint operating agency and electric cooperative. (2) Coal supplier means any person engaged in the wholesale distribution in this state of coal intended for use in this state for an energy facility. (3) Cost-effective means that an energy resource, facility or conservation measure during its life cycle results in delivered power costs to the ultimate consumer no greater than the comparable incremental cost of the least cost alternative new energy resource, facility or conservation measure. Cost comparison under this definition shall include but not be limited to: (a) Cost escalations and future availability of fuels; (b) Waste disposal and decommissioning costs; (c) Transmission and distribution costs; (d) Geographic, climatic and other differences in the state; and (e) Environmental impact. (4) Council means the Energy Facility Siting Council established under ORS
ORS Chapter 469 — Energy; Conservation

ORS 469.935. [1981 c.497 3; repealed by 1997 c.632 14] POWER COSTS AND RATES
ORS Chapter 469 — Energy; Conservation

ORS 469.950. Authority to enter into interstate cooperative agreements to control power costs and rates; Bonneville Power Administration. The State of Oregon shall pursue and may enter into an interstate cooperative agreement with the states of Washington, Idaho and Montana for the purpose of making collective efforts to control Bonneville Power Administration wholesale power costs and rates by studying and developing a region-wide response to: (1) Federal attempts to increase arbitrarily the interest rates on federal funds previously used to build public facilities in the Pacific Northwest. (2) Federal initiatives to sell the Bonneville Power Administration. (3) Bonneville Power Administration rate increase and budget expenditure proposals in excess of their actual needs. (4) Regional uses of surplus firm power, including uses by existing or newly attracted Pacific Northwest industries, to provide long-term use of the surplus for job development. (5) Power transmission intertie access. [1985 c.780 1] Note:
ORS Chapter 469 — Energy; Conservation

ORS 469.966. [2013 c.774 7; 2014 c.38 6; repealed by 2017 c.725 22] PENALTIES
ORS Chapter 469 — Energy; Conservation

ORS 469.990. Penalties. (1) In addition to any penalties under subsection (2) of this section, a person who discloses confidential information in violation of ORS 469.090, willfully or with criminal negligence, as defined by ORS 161.085, may be subject to removal from office or immediate dismissal from public employment. (2)(a) Willful disclosure of confidential information in violation of ORS 469.090 is a Class A misdemeanor. Notwithstanding ORS 161.635, the maximum fine for a violation is $10,000. (b) Disclosure of confidential information in violation of ORS 469.090 with criminal negligence, as defined by ORS 161.085, is a Class A violation. (3) Any person who violates ORS 469.825 commits a Class A misdemeanor.
ORS Chapter 469 — Energy; Conservation

ORS 469.992. to: (a) Sales volume; (b) Forecasts of energy resource requirements; (c) Inventory of energy resources; and (d) Local distribution patterns of information under paragraphs (a) to (c) of this subsection. (2) In obtaining information under subsection (1) of this section, the director, with the written consent of the Governor, may subpoena witnesses, material and relevant books, papers, accounts, records and memoranda, 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, to obtain information relevant to energy resources. (3) In obtaining information under this section, the director: (a) Shall avoid eliciting information already furnished by a person or political subdivision in this state to a federal, state or local regulatory authority that is available to the director for such study; and (b) Shall cause reporting procedures, including forms, to conform to existing requirements of federal, state and local regulatory authorities. (4) Any person who is served with a subpoena to give testimony orally or in writing or to produce books, papers, correspondence, memoranda, agreements or the documents or records as provided in ORS 176.820, 192.338, 192.345, 192.355, 192.690, 469.010 to 469.155, 469.300 to 469.563, 469.990, 469.992, 757.710 and 757.720, may apply to any circuit court in Oregon for protection against abuse or hardship in the manner provided in ORCP 36 C.
ORS Chapter 469 — Energy; Conservation

ORS 469.994. [1981 c.894 8; 1983 c.346 5; 1989 c.706 18; 1989 c.880 13a; 1991 c.734 38; 1997 c.534 13; renumbered 469B.991 in 2011] _______________
ORS Chapter 469a — Renewable Portfolio

ORS 469a.010. Qualifying electricity. (1) Except as provided in this section, and subject to ORS 469A.135, electricity generated from a renewable energy source may be used to comply with a renewable portfolio standard only if the facility that generates the electricity meets the requirements of ORS 469A.020. (2)(a) 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. (b) Any electricity generated from a renewable energy source by a facility may be used to comply with a renewable portfolio standard, subject to ORS 469A.135, if the facility: (A) Burned coal as a fuel source; (B) Completely ceases to burn coal as a fuel source; and (C) Converts to a renewable energy source after January 1, 2012. (3) The Legislative Assembly finds that hydroelectric energy is an important renewable energy source and electricity from hydroelectric generators may be used to comply with a renewable portfolio standard as provided in ORS 469A.005 to 469A.210.
ORS Chapter 469a — Renewable Portfolio

ORS 469a.020. Qualifying electricity; age of generating facility. (1) Except as provided in this section, electricity may be used to comply with a renewable portfolio standard only if the electricity is generated by a facility that becomes operational on or after January 1, 1995. (2) Electricity from a generating facility, other than a hydroelectric facility, that became operational before January 1, 1995, may be used to comply with a renewable portfolio standard if the electricity is attributable to capacity or efficiency upgrades made on or after January 1, 1995. (3) Electricity from a hydroelectric facility that became operational before January 1, 1995, may be used to comply with a renewable portfolio standard if the electricity is attributable to efficiency upgrades made on or after January 1, 1995. If an efficiency upgrade is made to a Bonneville Power Administration facility, only that portion of the electricity generation attributable to Oregons share of the electricity may be used to comply with a renewable portfolio standard. (4) Subject to the limit imposed by ORS 469A.025 (5), electricity from a hydroelectric facility that became operational before January 1, 1995, may be used to comply with a renewable portfolio standard if the facility is certified as a low-impact hydroelectric facility on or after January 1, 1995, by a national certification organization recognized by the State Department of Energy by rule, and if the facility is either: (a) Owned by an electric utility; or (b) Not owned by an electric utility and located in Oregon and licensed by the Federal Energy Regulatory Commission under the Federal Power Act, 16 U.S.C. 791a et seq., or exempt from such license. (5) Electricity from a generating facility located in this state that uses biomass and that became operational before January 1, 1995, may be used to comply with a renewable portfolio standard if the facility meets the requirements of the federal Public Utility Regulatory Policies Act of 1978 (P.L. 95-617) on March 4, 2010. (6) A facility located in this state that generates electricity from direct combustion of municipal solid waste and that became operational before January 1, 1995, may be used to comply with a renewable portfolio standard for up to 11 average megawatts of electricity generated per calendar year.