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

ORS 469.287. Tier 2 buildings; requirement and standards for providing data; advisory committee; rules. (1)(a) Not later than December 31, 2024, the State Department of Energy by rule shall establish a requirement and standards under which eligible building owners of tier 2 buildings must provide to the department data that would enable the department to establish a benchmark for energy use in, and greenhouse gas emissions from, tier 2 buildings. (b) The State Department of Energy shall cooperate with the Department of Education to establish a requirement to provide the data described in paragraph (a) of this subsection in a manner that minimizes costs to schools and avoids or minimizes duplication with the Department of Educations school facility assessments. (2) Not later than July 1, 2025, the State Department of Energy shall notify all eligible building owners of tier 2 buildings of the requirement and standards the department adopts by rule under subsection (1) of this section. (3) Not later than July 1, 2028, and by July 1 every five years thereafter, an eligible building owner of a tier 2 building shall provide the department with data the department requires in rules the department adopts under subsection (1) of this section. (4) Not later than July 1, 2029, the department shall evaluate and use the data the department receives from eligible building owners of tier 2 buildings to calculate average energy use in, and average greenhouse gas emissions from, each of the categories of tier 2 buildings that exist in this state. (5) Not later than July 1, 2025, the department shall establish and consult an advisory committee to identify and evaluate the financial and nonfinancial implications of establishing and implementing an energy performance standard for tier 2 buildings. The advisory committee must include, but is not limited to, representatives of renters, low-income tenants and environmental justice communities, as defined in ORS 469A.400. (6) Not later than October 1, 2030, the department shall submit a report to the Governor and to an interim committee of the Legislative Assembly related to energy that: (a) Recommends a cost-effective energy performance standard for tier 2 buildings; and (b) Includes estimates of costs to eligible building owners, and challenges that eligible building owners would face, in implementing an energy performance standard for tier 2 buildings. [2023 c.442 15] Note: See note under
ORS Chapter 469 — Energy; Conservation

ORS 469.289. Contracting to administer incentive payments for early compliance. (1) As used in this section, person means an individual, corporation, nonprofit corporation, professional corporation, limited liability company, partnership, limited partnership, limited liability partnership, cooperative, business trust, joint venture or other form of business entity, including Energy Trust of Oregon. (2) The State Department of Energy may contract with another person to administer incentive payments to eligible building owners for early compliance with the energy performance standard described in ORS 469.277. (3) The person with which the department contracts under subsection (2) of this section shall administer incentive payments: (a) In a manner that is consistent with rules the department adopts under, and for compliance that is consistent with, ORS 469.275 to 469.279; and (b) To eligible building owners that the department certifies as qualifying for incentive payments under, and at rates established for the payments in, ORS
ORS Chapter 469 — Energy; Conservation

ORS 469.298. [1989 c.926 2; repealed by 1999 c.880 2] REGULATION OF ENERGY FACILITIES (General Provisions)
ORS Chapter 469 — Energy; Conservation

ORS 469.300. (L) Offset means an action that will be implemented by the applicant, a third party or through the qualified organization to avoid, sequester or displace emissions. (M) Offset funds means the amount of funds determined by the council to satisfy the applicable carbon dioxide emissions standard pursuant to paragraph (c)(C) of this subsection. (N) Qualified organization means an entity that: (i) Is exempt from federal taxation under section 501(c)(3) of the Internal Revenue Code as amended and in effect on December 31, 1996; (ii) Either is incorporated in the State of Oregon or is a foreign corporation authorized to do business in the State of Oregon; (iii) Has in effect articles of incorporation that require that offset funds received pursuant to this section are used for offsets that require that decisions on the use of the offset funds are made by a decision-making body composed of seven voting members of which three are appointed by the council, three are Oregon residents appointed by the Bullitt Foundation or an alternative environmental nonprofit organization named by the body, and one is appointed by the applicants for site certificates that are subject to paragraph (d) of this subsection and the holders of such site certificates, and that require nonvoting membership on the body for holders of site certificates that have provided funds not yet disbursed under paragraph (d)(A) of this subsection; (iv) Has made available on an annual basis, beginning after the first year of operation, a signed opinion of an independent certified public accountant stating that the qualified organizations use of funds pursuant to this statute conforms with generally accepted accounting procedures except that the qualified organization shall have one year to conform with generally accepted accounting principles in the event of a nonconforming audit; (v) Has to the extent applicable, except for good cause, entered into contracts obligating at least 60 percent of the offset funds to implement offsets within two years after the commencement of construction of the facility; and (vi) Has to the extent applicable, except for good cause, complied with paragraph (d)(A)(i) of this subsection. (3) Except as provided in ORS 469.504 for land use compliance and except for those statutes and rules for which the decision on compliance has been delegated by the federal government to a state agency other than the council, the facility complies with all other Oregon statutes and administrative rules identified in the project order, as amended, as applicable to the issuance of a site certificate for the proposed facility. If compliance with applicable Oregon statutes and administrative rules, other than those involving federally delegated programs, would result in conflicting conditions in the site certificate, the council may resolve the conflict consistent with the public interest. A resolution may not result in the waiver of any applicable state statute. (4) The facility complies with the statewide planning goals adopted by the Land Conservation and Development Commission. [1993 c.569 23 (469.501, 469.503,
ORS Chapter 469 — Energy; Conservation

ORS 469.310. Policy. In the interests of the public health and the welfare of the people of this state, it is the declared public policy of this state that the siting, construction and operation of energy facilities shall be accomplished in a manner consistent with protection of the public health and safety and in compliance with the energy policy and air, water, solid waste, land use and other environmental protection policies of this state. It is, therefore, the purpose of ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992 to exercise the jurisdiction of the State of Oregon to the maximum extent permitted by the United States Constitution and to establish in cooperation with the federal government a comprehensive system for the siting, monitoring and regulating of the location, construction and operation of all energy facilities in this state. It is furthermore the policy of this state, notwithstanding ORS 469.010 (2)(f) and the definition of cost-effective in ORS 469.020, that the need for new generating facilities, as defined in ORS 469.503, is sufficiently addressed by reliance on competition in the market rather than by consideration of cost-effectiveness and shall not be a matter requiring determination by the Energy Facility Siting Council in the siting of a generating facility, as defined in ORS 469.503. [Formerly 453.315; 1997 c.428 1; 2003 c.186 29] (Siting)
ORS Chapter 469 — Energy; Conservation

ORS 469.330. Notice of intent to file application for site certificate; public notice; standards, application requirements and study requirements; project order; rules. (1) Each applicant for a site certificate shall submit to the Energy Facility Siting Council a notice of intent to file an application for a site certificate. The notice of intent must provide information about the proposed site and the characteristics of the facility sufficient for the preparation of the State Department of Energys project order. (2) The council shall cause public notice to be given upon receipt of a notice of intent by the council. The public notice shall provide a description of the proposed site and facility in sufficient detail to inform the public of the location and proposed use of the site. (3) Following review of the notice of intent and any public comments received in response to the notice of intent, the department may hold a preapplication conference with state agencies and local governments that have regulatory or advisory responsibility with respect to the facility. After the preapplication conference, the department shall issue a project order establishing the statutes, administrative rules, council standards, local ordinances, application requirements and study requirements for the site certificate application. A project order is not a final order. (4) A project order issued under subsection (3) of this section may be amended at any time by either the department or the council.
ORS Chapter 469 — Energy; Conservation

ORS 469.350. Application for site certificate; comment and recommendation. (1) Applications for site certificates shall be made to the Energy Facility Siting Council in a form prescribed by the council and accompanied by the fee required by ORS
ORS Chapter 469 — Energy; Conservation

ORS 469.373. to and made a part of 469.300 to 469.563 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
ORS Chapter 469 — Energy; Conservation

ORS 469.375. Required findings for radioactive waste disposal facility certificate. The Energy Facility Siting Council shall not issue a site certificate for a waste disposal facility for uranium mine overburden or uranium mill tailings, mill wastes or mill by-product or for radioactive waste or radioactively contaminated containers or receptacles used in the transportation, storage, use or application of radioactive material, unless, accompanying its decision it finds: (1) The site is: (a) Suitable for disposal of such wastes, and the amount of the wastes, intended for disposal at the site; (b) Not located in or adjacent to: (A) An area determined to be potentially subject to river or creek erosion within the lifetime of the facility; (B) Within the 500-year floodplain of a river, taking into consideration the area determined to be potentially subject to river or creek erosion within the lifetime of the facility; (C) An active fault or an active fault zone; (D) An area of ancient, recent or active mass movement including land sliding, flow or creep; (E) An area subject to ocean erosion; or (F) An area having experienced volcanic activity within the last two million years. (2) There is no available disposal technology and no available alternative site for disposal of such wastes that would better protect the health, safety and welfare of the public and the environment; (3) The disposal of such wastes and the amount of the wastes, at the site will be compatible with the regulatory programs of federal government for disposal of such wastes; (4) The disposal of such wastes, and the amount of the wastes, at the site will be coordinated with the regulatory programs of adjacent states for disposal of such wastes; (5) That following closure of the site, there will be no release of radioactive materials or radiation from the waste; (6) That suitable deed restrictions have been placed on the site recognizing the hazard of the material; and (7) That, where federal funding for remedial actions is not available, a surety bond in the name of the state has been provided in an amount determined by the State Department of Energy to be sufficient to cover any costs of closing the site and monitoring it or providing for its security after closure and to secure performance of any site certificate conditions. The bond may be withdrawn when the council finds that: (a) The radioactive waste has been disposed of at a waste disposal facility for which a site certificate has been issued; and (b) A fee has been paid to the State of Oregon sufficient for monitoring the site after closure. (8) If any section, portion, clause or phrase of this section is for any reason held to be invalid or unconstitutional the remaining sections, portions, clauses and phrases shall not be affected but shall remain in full force or effect, and to this end the provisions of this section are severable.
ORS Chapter 469 — Energy; Conservation

ORS 469.378. Land use compatibility statement for energy facility. Notwithstanding ORS 197.180, when a state agency action or recommendation concerning an energy facility requires a land use compatibility statement prior to the action being completed, the state agency shall satisfy any applicable requirement of ORS 197.180 by conditioning the agency action or recommendation on a determination by either the Energy Facility Siting Council or the applicable city or county that the energy facility as affected by the state agency action satisfies, or will continue to satisfy, the applicable requirements of ORS 197.180. [2001 c.683 17] Note:
ORS Chapter 469 — Energy; Conservation

ORS 469.390. [Formerly 453.385; repealed by 1993 c.569 31]
ORS Chapter 469 — Energy; Conservation

ORS 469.400. [Formerly 453.395; 1977 c.794 13; 1977 c.895 3; repealed by 1993 c.569 10 (469.401 and
ORS Chapter 469 — Energy; Conservation

ORS 469.402. Delegation of review of future action required by site certificate. If the Energy Facility Siting Council elects to impose conditions on a site certificate or an amended site certificate, that require subsequent review and approval of a future action, the council may delegate the future review and approval to the State Department of Energy if, in the councils discretion, the delegation is warranted under the circumstances of the case. [1995 c.505 27; 1999 c.385 3] Note:
ORS Chapter 469 — Energy; Conservation

ORS 469.405. Amendment of site certificate; judicial review; exemption; rules. (1) A site certificate may be amended with the approval of the Energy Facility Siting Council. The council may establish by rule the type of amendment that must be considered in a contested case proceeding. Judicial review of an amendment to a site certificate shall be as provided in ORS 469.403. (2) Notwithstanding ORS 34.020 or 197.825, or any other provision of law, the land use approval by an affected local government of a proposed amendment to a facility and the recommendation of the special advisory group of applicable substantive criteria shall be subject to judicial review only as provided in ORS 469.403. If the applicant elects to show compliance with the statewide planning goals by demonstrating that the facility has received local land use approval, the provisions of this section shall apply only to proposed projects for which the land use approval by the local government occurs after the date an application for amendment is submitted to the State Department of Energy. (3) An amendment to a site certificate is not required for a pipeline less than 16 inches in diameter and less than five miles in length that is proposed to be constructed to test or maintain an underground gas storage reservoir. If the proposed pipeline will connect to a council certified surface facility related to an underground gas storage reservoir or to a council certified gas pipeline, whether the proposed pipeline is to be located inside or outside the site of a council certified facility, the certificate holder must obtain, prior to construction, the approval of the department for the construction, operation and retirement of the proposed pipeline. The department shall approve such a proposed pipeline if the pipeline meets applicable council substantive standards. Notwithstanding ORS 469.503 (3), the department may not review the proposed pipeline for compliance with other state standards. Notwithstanding ORS 469.503 (4), or any council rule addressing compliance with land use standards, the department shall not review such a proposed pipeline for compliance with land use requirements. Notwithstanding ORS 469.401 (3), the approval by the department of such pipeline shall not bind any state or local agency. The council may adopt appropriate procedural rules for the department review. The department shall issue an order approving or rejecting the proposed pipeline. Judicial review of a department order under this section shall be as provided in ORS 469.403. [1995 c.505 2; 1999 c.385 5] Note:
ORS Chapter 469 — Energy; Conservation

ORS 469.407. Amendment of application to increase capacity of facility. (1) A recipient may by amendment of its application for a site certificate or by amendment of its site certificate increase the capacity of the facility if the Energy Facility Siting Council finds that: (a) The facility will satisfy the conditions of the 500-megawatt exemption, unless modified by the council; (b) The enlarged facility does not exceed 500 megawatts and meets the applicable carbon dioxide standard provided for in ORS 469.503 (2) for any increase in capacity beyond the capacity of the 500-megawatt exemption; and (c) The enlarged facility meets all other applicable council standards. (2) A recipient is deemed to meet any applicable need standard and carbon dioxide emissions standard for the nominal generating capacity of the 500-megawatt exemption provided that the recipient satisfies the conditions of the 500-megawatt exemption, unless the council modifies the conditions. (3) As used in this section: (a) Recipient means any base load gas plant, as defined in ORS 469.503, determined by the council to have the lowest net monetized air emissions among the applicants participating in a contested case proceeding. (b) 500-megawatt exemption means the council order in which a recipient was determined to have the lowest net monetized air emissions. [1997 c.428 8] Note:
ORS Chapter 469 — Energy; Conservation

ORS 469.409. Amendment of site certificate to demonstrate compliance with carbon dioxide emissions standard; binding arbitration to resolve disputes. Any site certificate holder that is required by its site certificate or by law to demonstrate need for the facility shall instead demonstrate compliance with the carbon dioxide emissions standard applicable to the type of facility subject to the site certificate before beginning construction. Such a demonstration shall be made as an amendment to the site certificate. Notwithstanding ORS 469.405 or any council rule, if the site certificate holder proceeds pursuant to ORS
ORS Chapter 469 — Energy; Conservation

ORS 469.410. Energy facility site certificate applications filed or under construction prior to July 2, 1975; conditions of site certificate; monitoring programs. (1) Any applicant for a site certificate for an energy facility shall be deemed to have met all the requirements of ORS 176.820, 192.338, 192.345, 192.355, 192.690, 469.010 to
ORS Chapter 469 — Energy; Conservation

ORS 469.413. Power generation from fossil fuels; requirements for new and amended site certificates. Notwithstanding ORS 469.320 and 469.405, the Energy Facility Siting Council may not: (1) Issue a site certificate for a new generating facility that produces electric power from fossil fuels, including natural gas, petroleum, coal or any form of solid, liquid or gaseous fuel derived from such material, unless the council determines that a new generating facility will generate only nonemitting electricity as defined in ORS 469A.400; or (2) Approve the amendment of a site certificate for an energy facility described under subsection (1) of this section that was granted prior to September 25, 2021, in a manner that would significantly increase the gross carbon dioxide emissions that are reasonably likely to result from the operation of the energy facility. [2021 c.508 28] Note:
ORS Chapter 469 — Energy; Conservation

ORS 469.421. (2)(a) If the State Department of Energy submits comments or written or oral testimony in a rulemaking, contested case, ratemaking or other proceeding conducted by another agency, as defined in ORS 183.310, and if the comment or testimony is about a substantive matter at issue in the proceeding, the department shall provide, once for each proceeding, notice to energy resource suppliers as described in this section. (b) If the department submits written comments or intervenes in a proceeding conducted by a federal agency, the department shall provide, once for each proceeding, notice to energy resource suppliers as described in this section. (c) This section does not apply to: (A) The departments participation in a procedural matter related to a proceeding described in paragraph (a) or (b) of this subsection; (B) The departments participation in a federal facility siting proceeding; (C) The departments work with the Energy Facility Siting Council; (D) The departments work on nuclear safety and emergency preparedness; or (E) Federal judicial or legislative proceedings. (3) The department shall create and maintain a list of energy resource suppliers that request to receive notice described in subsection (2) of this section. The department may create separate lists for the different types of proceedings. (4) Notice provided under this section may be provided by electronic mail and must include a description of the departments interest in the proceeding. (5) Except as provided in subsection (6) of this section, notice must be provided under this section: (a) No later than seven days before submitting initial comments on a substantive matter at issue in a rulemaking proceeding described in subsection (2)(a) of this section or a proceeding involving the adoption of federal regulations; (b) No later than 15 days before submitting initial comments or written or oral testimony on a substantive matter at issue in a contested case, ratemaking or other proceeding described in subsection (2)(a) of this section; or (c) No later than 15 days before submitting initial written comments or written testimony on a substantive matter at issue in a proceeding conducted by a federal agency other than a proceeding involving the adoption of federal regulations. (6) If providing notice in accordance with subsection (5) of this section is prejudicial to the departments ability to participate in a rulemaking, contested case, ratemaking or other proceeding described in subsection (2) of this section, the department may provide notice as soon as it is practicable to provide notice. If the department provides notice as described in this subsection, the department shall include in the notice an explanation of why providing notice in accordance with subsection (5) of this section is prejudicial to the department. (7) The department may adopt rules as necessary to implement this section. [2013 c.656 6] Note:
ORS Chapter 469 — Energy; Conservation

ORS 469.424. to and made a part of 469.300 to 469.563 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.