reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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 director’s approval a commercial energy conservation services program that shall, to the director’s 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 customer’s 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. [1981 c.708 §§18,19; 2003 c.186 §51]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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 469.900 (3) and this section shall apply during that calendar year.
(4) Any covered publicly owned utility is exempt from the requirements of ORS 469.880 and 469.885. [1981 c.708 §17; 2003 c.186 §52]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.900 - Duty of commission to avoid conflict with federal requirements.

(1) The Public Utility Commission shall insure that each electric utility’s commercial energy conservation services program does not conflict with federal statutes and regulations applicable to electric utilities and energy conservation in commercial buildings.
(2) The commission shall insure that each gas utility’s commercial energy conservation services program does not conflict with federal statutes and regulations applicable to gas utilities and energy conservation in commercial buildings.
(3) The Director of the State Department of Energy shall insure that each covered publicly owned utility’s commercial energy conservation services program does not conflict with federal statutes and regulations applicable to covered publicly owned utilities and energy conservation in commercial buildings. [1981 c.708 §§5,10,20]
Note:
469.900 (1) and (2) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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:
469.950 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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. [1975 c.606 §20; subsection (3) enacted as 1981 c.49 §11; 1999 c.1051 §185; 2011 c.597 §212]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 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. [2007 c.301 §2; 2011 c.225 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 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 Oregon’s 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. [2007 c.301 §3; 2010 c.17 §1; 2010 c.71 §1; 2016 c.28 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.027 - Certification of eligibility for certain generating facilities; generation date of electricity.

The State Department of Energy may certify as eligible for renewable energy certificates a facility that qualifies under ORS 469A.020 (5) and (6) and 469A.025 (6) and (7) only for electricity generated on or after January 1, 2011. [2010 c.17 §4]
Note:
469A.027 to 469A.031 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 469A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.029 - Eligibility; registration date for certain generating facilities with tracking system.

To be eligible for renewable energy certificates, the owner or operator of a generating facility that qualifies under ORS 469A.020 (5) and (6) and 469A.025 (6) and (7) must register the generating facility with the Western Renewable Energy Generation Information System or other regional system or trading program designated by the State Department of Energy before January 1, 2011. [2010 c.17 §5]
Note:
See note under 469A.027.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.031 - Eligibility; registration date of generating facility that uses biomass with Western Renewable Energy Generation Information System.

Notwithstanding ORS 469A.029, a facility described in ORS 469A.020 (5) is eligible for renewable energy certificates if the owner or operator of the generating facility registered the generating facility with the Western Renewable Energy Generation Information System on or after January 1, 2011. [2017 c.249 §1]
Note:
See note under 469A.027.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.050 - Applicable standard.

(1) Electric utilities must comply with the applicable renewable portfolio standard described in ORS 469A.052 or 469A.055.
(2) Electricity service suppliers must comply with the renewable portfolio standard established under ORS 469A.065. [2007 c.301 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.060 - Exemptions from compliance with renewable portfolio standard.

(1) Electric utilities are not required to comply with the renewable portfolio standards described in ORS 469A.052 and 469A.055 to the extent that:
(a) Compliance with the standard would require the electric utility to acquire electricity in excess of the electric utility’s projected load requirements in any calendar year; and
(b) Acquiring the additional electricity would require the electric utility to substitute qualifying electricity for electricity derived from an energy source other than coal, natural gas or petroleum.
(2)(a) Electric utilities are not required to comply with a renewable portfolio standard to the extent that compliance would require the electric utility to substitute qualifying electricity for electricity available to the electric utility under contracts for electricity from dams that are owned by Washington public utility districts and that are located between the Grand Coulee Dam and the Columbia River’s junction with the Snake River. The provisions of this subsection apply only to contracts entered into before June 6, 2007, and to renewal or replacement contracts for contracts entered into before June 6, 2007.
(b) If a contract described in paragraph (a) of this subsection expires and is not renewed or replaced, the electric utility must comply, in the calendar year following the expiration of the contract, with the renewable portfolio standard applicable to the electric utility.
(3) A consumer-owned utility is not required to comply with a renewable portfolio standard to the extent that compliance would require the consumer-owned utility to reduce the consumer-owned utility’s purchases of the lowest priced electricity from the Bonneville Power Administration pursuant to section 5 of the Pacific Northwest Electric Power Planning and Conservation Act of 1980, P.L. 96-501, as in effect on June 6, 2007. The exemption provided by this subsection applies only to firm commitments for BPA electricity that the Bonneville Power Administration has assured will be available to a consumer-owned utility to meet agreed portions of the consumer-owned utility’s load requirements for a defined period of time. [2007 c.301 §8; 2016 c.28 §26]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.065 - Renewable portfolio standard for electricity service suppliers.

An electricity service supplier must meet the requirements of the renewable portfolio standards that are applicable to the electric utilities that serve the territories in which the electricity service supplier sells electricity to retail electricity consumers. The Public Utility Commission shall establish procedures for implementation of the renewable portfolio standards for electricity service suppliers that sell electricity in the service territory of an electric company. If an electricity service supplier sells electricity in territories served by more than one electric company, the commission may provide for an aggregate standard based on the amount of electricity sold by the electricity service supplier in each territory. Pursuant to ORS 757.676, a consumer-owned utility may establish procedures for the implementation of the renewable portfolio standards for electricity service suppliers that sell electricity in the territory served by the consumer-owned utility. [2007 c.301 §9]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.070 - Manner of complying with renewable portfolio standards.

(1) Except as provided in subsection (2) of this section, an electric utility or electricity service supplier must comply with the renewable portfolio standard applicable to the utility or supplier in each calendar year by:
(a) Using bundled renewable energy certificates issued or acquired during the compliance year;
(b) Subject to the limitations described in ORS 469A.140 and 469A.145, using unbundled or banked renewable energy certificates; or
(c) Making alternative compliance payments as described in ORS 469A.180.
(2) Bundled or unbundled renewable energy certificates that are issued or acquired by an electric utility or electricity service supplier on or before March 31 in a calendar year may be used by the utility or supplier to comply with the renewable portfolio standard applicable to the utility or supplier for the preceding calendar year. [2007 c.301 §10]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.075 - Electric company plan for meeting requirements; commission review; rules.

(1) An electric company that is subject to a renewable portfolio standard shall describe the electric company’s plan for meeting the requirements of the renewable portfolio standard as part of the electric company’s integrated resource plan filed with the Public Utility Commission.
(2) At a minimum, a plan for meeting the requirements of the renewable portfolio standard must contain:
(a) Annual targets for acquisition and use of qualifying electricity; and
(b) The estimated cost of meeting the annual targets, including the cost of transmission, the cost of firming, shaping and integrating qualifying electricity, the cost of alternative compliance payments and the cost of acquiring renewable energy certificates.
(3) The commission shall review a plan for meeting the requirements of the renewable portfolio standard and take appropriate action as part of the procedure for acknowledgment of an electric company’s integrated resource plan.
(4) The commission shall adopt rules:
(a) Establishing requirements for the content of plans for meeting the requirements of the renewable portfolio standard;
(b) Providing for the least-cost, least-risk acquisition of resources; and
(c) Providing for the evaluation of competitive bidding processes that allow for diverse ownership of renewable energy sources that generate qualifying electricity.
(5) A plan for meeting the requirements of the renewable portfolio standard may include procedures that will be used by the electric company to determine whether the costs of constructing a facility that generates electricity from a renewable energy source, or the costs of acquiring bundled or unbundled renewable energy certificates, are consistent with the renewable portfolio standards of the commission relating to least-cost, least-risk planning for acquisition of resources. [2007 c.301 §11; 2016 c.28 §6; 2023 c.54 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.130 - Renewable energy certificates system.

(1) The State Department of Energy shall establish a system of renewable energy certificates that can be used by an electric utility or electricity service supplier to establish compliance with the applicable renewable portfolio standard. The department shall consult with the Public Utility Commission before establishing a system of renewable energy certificates under this section. The department may allow use of renewable energy certificates that are issued, monitored, accounted for or transferred by or through a regional system or trading program, including but not limited to the Western Renewable Energy Generation Information System. The system established by the department shall allow issuance, transfer and use of renewable energy certificates in electronic form.
(2) The validity of a bundled renewable energy certificate for purposes of compliance with the applicable renewable portfolio standard is not affected by the substitution of any other electricity for the qualifying electricity at any point after the time of generation. [2007 c.301 §14]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.132 - Thermal renewable energy certificates.

(1) If a facility that generates electricity using biomass also generates thermal energy for a secondary purpose, the State Department of Energy shall provide that renewable energy certificates must be issued for the generation of the thermal energy. Notwithstanding the definition of "qualifying electricity" in ORS 469A.005 or any other provision of law stating or implying that a renewable portfolio standard may be complied with only through the generation of electricity, renewable energy certificates for thermal energy:
(a) Shall be provided for pursuant to this subsection as part of the system established under ORS 469A.130;
(b) Shall be subject to the same requirements for issuance, transfer and use as all other renewable energy certificates created pursuant to the system established under ORS 469A.130; and
(c) May be used to comply with a renewable portfolio standard if:
(A) The facility that generates the thermal energy for which the renewable energy certificate is issued meets the requirements of ORS 469A.020 and 469A.135 for the electricity generated using biomass at the facility; and
(B) Consistent with the provisions of ORS 469A.025 (3), the thermal energy is not generated through the combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate.
(2) For purposes of issuing renewable energy certificates under this section, 3,412,000 British thermal units are equivalent to one megawatt-hour. [2016 c.28 §16; 2019 c.76 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.135 - Renewable energy certificates that may be used to comply with standards.

(1) A bundled renewable energy certificate may be used to comply with a renewable portfolio standard if:
(a) The facility that generates the qualifying electricity for which the bundled renewable energy certificate is issued is located in the United States and within the geographic boundary of the Western Electricity Coordinating Council; and
(b) The qualifying electricity for which the bundled renewable energy certificate is issued is delivered to:
(A) The Bonneville Power Administration;
(B) The transmission system of an electric utility;
(C) A delivery point designated by the electric utility for the purpose of subsequent delivery to the electric utility; or
(D) A delivery point mutually agreed to by a distribution utility and an electricity service supplier for the purpose of subsequent delivery to the distribution utility serving the customer of the electricity service supplier.
(2) An unbundled renewable energy certificate may be used to comply with a renewable portfolio standard if the facility that generates the qualifying electricity with which the unbundled renewable energy certificate is associated is located within the geographic boundary of the Western Electricity Coordinating Council.
(3) Renewable energy certificates issued for any electricity that the Bonneville Power Administration has designated as environmentally preferred power, or has given a similar designation for electricity generated from a renewable resource, may be used to comply with a renewable portfolio standard without regard to the location of the generating facility.
(4) This section does not affect the obligations or requirements:
(a) Imposed under or agreed to in a contract with a distribution utility;
(b) Imposed under tariff schedules approved by the Public Utility Commission;
(c) Imposed under an approved open access transmission tariff; or
(d) Imposed under rules adopted by the commission under ORS 757.600 to 757.687. [2007 c.301 §15; 2016 c.28 §9]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.145 - Limitations on use of unbundled certificates to meet renewable portfolio standard.

(1) Except as otherwise provided in this section, unbundled renewable energy certificates, including banked unbundled renewable energy certificates, may not be used to meet more than 20 percent of the requirements of the large utility renewable portfolio standard described in ORS 469A.052 for any compliance year.
(2) The limitation imposed by subsection (1) of this section does not apply to unbundled renewable energy certificates associated with electricity generated in this state from a renewable energy source by a net metering facility, as defined in ORS 757.300, or another generating facility that is not directly connected to a distribution or transmission system.
(3) The limitation imposed by subsection (1) of this section does not apply to unbundled renewable energy certificates associated with electricity generated in this state by a qualifying facility under ORS 758.505 to 758.555.
(4) The limitation imposed by subsection (1) of this section does not apply to an electricity service supplier for purposes of meeting the renewable portfolio standard described in ORS 469A.065 during compliance years before 2021. [2007 c.301 §17; 2016 c.28 §10]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.147 - Exemption from limitation on use of unbundled certificates for consumer-owned utilities.

Unless the exemption provided by ORS 469A.055 (1) terminated for the consumer-owned utility pursuant to ORS 469A.055 (5), a consumer-owned utility described in ORS 469A.052 (2) that is subject to the large utility renewable portfolio standard described in ORS 469A.052 (3) may use, notwithstanding ORS 469A.145 (1), unbundled renewable energy certificates, including banked unbundled renewable energy certificates, to meet:
(1) Up to 100 percent of the standard described in ORS 469A.052 (3)(a); and
(2) Up to 75 percent of the standard described in ORS 469A.052 (3)(b) or (c). [2014 c.100 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.170 - Compliance reports; rules.

(1) Each electric utility and electricity service supplier that is subject to a renewable portfolio standard shall make an annual compliance report for the purpose of detailing compliance, or failure to comply, with the renewable portfolio standard applicable in the compliance year. An electric company or electricity service supplier shall make the report to the Public Utility Commission. A consumer-owned utility shall make the report to the members or customers of the utility.
(2) The commission shall review each compliance report filed under this section by an electric company or electricity service supplier for the purposes of determining whether the company or supplier has complied with the renewable portfolio standard applicable to the company or supplier and the manner in which the company or supplier has complied. In reviewing the reports, the commission shall consider:
(a) The relative amounts of renewable energy certificates and other payments used by the company or supplier to meet the applicable renewable portfolio standard, including:
(A) Bundled renewable energy certificates;
(B) Unbundled renewable energy certificates;
(C) Banked renewable energy certificates; and
(D) Alternative compliance payments under ORS 469A.180.
(b) The timing of electricity purchases.
(c) The market prices for electricity purchases and unbundled renewable energy certificates.
(d) Whether the actions taken by the company or supplier are contributing to long term development of generating capacity using renewable energy sources.
(e) The effect of the actions taken by the company or supplier on the rates payable by retail electricity consumers.
(f) Good faith forecasting differences associated with the projected number of retail electricity consumers served and the availability of electricity from renewable energy sources.
(g) For electric companies, consistency with the company’s plan under ORS 469A.075 for meeting the requirements of the renewable portfolio standard as described in the company’s integrated resource plan and as reviewed by the commission.
(h) Any other factors deemed reasonable by the commission.
(3) The commission by rule may establish requirements for compliance reports submitted by an electric company or electricity service supplier. [2007 c.301 §19; 2023 c.54 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.185 - Consumer-owned utilities.

The governing body of a consumer-owned utility shall establish an alternative compliance rate for the utility. To the extent possible, the alternative compliance rate shall be determined by the governing body of the consumer-owned utility in a manner similar to that used by the Public Utility Commission in establishing alternative compliance rates under ORS 469A.180. Amounts collected as alternative compliance payments by a consumer-owned utility may be used for the purposes specified in ORS 469A.180 (5) and for the purpose of paying expenses associated with research, development and demonstration projects related to the generation of qualifying electricity by the utility. [2007 c.301 §21]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.200 - Penalty.

If an electric company or electricity service supplier that is subject to a renewable portfolio standard under ORS 469A.005 to 469A.210 fails to comply with the standard in the manner provided by ORS 469A.005 to 469A.210, the Public Utility Commission may impose a penalty against the company or supplier in an amount determined by the commission. A penalty under this section is in addition to any alternative compliance payment required or elected under ORS 469A.180. Moneys paid for penalties under this section shall be transmitted by the commission to the nongovernmental entity receiving moneys under ORS 757.612 (3)(d) and may be used only for the purposes specified in ORS 757.612 (1). [2007 c.301 §22]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.205 - Green power rate.

(1) Electric utilities shall allow retail electricity consumers to elect a green power rate. A significant portion of the electricity purchased or generated by a utility that is attributable to moneys paid by retail electricity consumers who elect the green power rate must be qualifying electricity, and the utility must inform consumers of the sources of the electricity purchased or generated by the utility that is attributable to moneys paid by consumers who elect the green power rate. The green power rate shall reasonably reflect the costs of the electricity purchased or generated by the utility that is attributable to moneys paid by retail electricity consumers who elect the green power rate. All prudently incurred costs associated with the green power rate are recoverable in a green power rate offered by an electric company.
(2) Any qualifying electricity procured by an electric utility to provide electricity under a green power rate under subsection (1) of this section or ORS 757.603 (3)(a) may not be used by the utility to comply with the requirements of a renewable portfolio standard.
(3) The provisions of subsection (1) of this section do not apply to electric companies that are subject to ORS 757.603 (3)(a).
(4) An electric utility may comply with the requirements of subsection (1) of this section by contracting with a third-party provider. [2007 c.301 §23; 2021 c.508 §21]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.210 - Goal for community-based renewable energy projects.

(1) The Legislative Assembly finds that community-based renewable energy projects, including but not limited to marine renewable energy resources that are either developed in accordance with the Territorial Sea Plan adopted pursuant to ORS 196.471 or located on structures adjacent to the coastal shorelands, are an essential element of this state’s energy future.
(2) For purposes related to the findings in subsection (1) of this section, by the year 2030, at least 10 percent of the aggregate electrical capacity of all electric companies that make sales of electricity to 25,000 or more retail electricity consumers in this state must be composed of electricity generated by one or both of the following sources:
(a) Small-scale renewable energy projects with a generating capacity of 20 megawatts or less that generate electricity utilizing a type of energy described in ORS 469A.025; or
(b) Facilities that generate electricity using biomass that also generate thermal energy for a secondary purpose.
(3) Regardless of the facility’s nameplate capacity, any single facility described in subsection (2)(b) of this section may be used to comply with the requirement specified in subsection (2) of this section for up to 20 megawatts of capacity. [2007 c.301 §24; 2010 c.68 §1; 2016 c.28 §14; 2017 c.452 §1; 2021 c.508 §37]
JOB IMPACT STUDY
Note:
Sections 25 and 26, chapter 301, Oregon Laws 2007, provide:
Sec. 25.
(1) The State Department of Energy shall periodically conduct a study to evaluate the impact of sections 1 to 24 of this 2007 Act [469A.005 to 469A.210] on jobs in this state. The study shall assess the number of new jobs created in the renewable energy sector in this state and the average wage rates and the provision of health care and other benefits for those jobs. In addition, the study shall investigate the extent to which workforce training opportunities are being provided to employees to prepare the employees for jobs in the renewable energy sector.
(2) The department shall conduct the first study under this section not later than two years after the effective date of this 2007 Act [June 6, 2007]. [2007 c.301 §25]
Sec. 26.
Section 25 of this 2007 Act is repealed January 2, 2026. [2007 c.301 §26]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.300 - Hydrogen power stations; compliance with renewable portfolio standard; cost recovery for prudent energy investments.

To facilitate the creation of hydrogen power stations using anhydrous ammonia as a fuel source to comply with a renewable portfolio standard under ORS 469A.005 to 469A.210, the Public Utility Commission may allow full recovery of costs by public utilities in prudent energy investments related to the planning, financing, construction and operation of hydrogen power stations. These investments may include, but need not be limited to:
(1) Systems designed to synthesize anhydrous ammonia fuel using electricity generated from renewable energy sources listed in ORS 469A.025;
(2) Infrastructure designed to store anhydrous ammonia generated from renewable energy sources as a nonpolluting fuel for electricity generation and any other purpose;
(3) Energy systems designed to use anhydrous ammonia generated from renewable energy sources as a fuel to generate electricity; and
(4) Electronic control and management systems designed to effectively integrate hydrogen power station processes into the electricity transmission grid. [2010 c.17 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.405 - Policy.

It is the policy of the State of Oregon:
(1) That retail electricity providers rely on nonemitting electricity in accordance with the clean energy targets set forth in ORS 469A.410 and eliminate greenhouse gas emissions associated with serving Oregon retail electricity consumers by 2040;
(2) That electricity generated in a manner that produces zero greenhouse gas emissions also be generated, to the maximum extent practicable, in a manner that provides additional direct benefits to communities in this state in the forms of creating and sustaining meaningful living wage jobs, promoting workforce equity and increasing energy security and resiliency;
(3) That, under existing federal and state law, the state engages in meaningful consultation with federally recognized Indian tribes. This includes consultation on the siting, permitting and construction of new energy facilities as defined in ORS 469.300, and new projects subject to the policy specified in 18 C.F.R. 2.1c, prior to such actions that are likely to adversely impact designated sites of archeological significance as defined in ORS 358.905, or properties of traditional, cultural and religious importance under the National Historical Preservation Act and the 36 C.F.R. 800 implementing regulation; and
(4) That implementation of ORS 469A.400 to 469A.475 be done in a manner that minimizes burdens for environmental justice communities. [2021 c.508 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.410 - Clean energy targets; reduction of greenhouse gas emissions.

(1) A retail electricity provider shall reduce greenhouse gas emissions, measured for an electric company as greenhouse gas emissions reported under ORS 468A.280, and measured for an electricity service supplier as greenhouse gas emissions per megawatt-hour as reported under ORS 468A.280, to the extent compliance is consistent with ORS 469A.400 to 469A.475, by the following targets:
(a) By 2030, 80 percent below baseline emissions level.
(b) By 2035, 90 percent below baseline emissions level.
(c) By 2040, and for every subsequent year, 100 percent below baseline emissions level.
(2) Nothing in ORS 469A.400 to 469A.475 may be construed as establishing a standard that requires a retail electricity provider to track electricity to end use retail customers. [2021 c.508 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.415 - Electric companies to develop clean energy plans.

(1) An electric company shall develop a clean energy plan for meeting the clean energy targets set forth in ORS 469A.410 concurrent with the development of each integrated resource plan.
(2) The electric company shall submit the clean energy plan to the Public Utility Commission and the Department of Environmental Quality.
(3)(a) A clean energy plan must be based on or included in an integrated resource plan filing made no earlier than January 1, 2022, and filed no later than 180 days after the integrated resource plan is filed, or developed within an integrated resource planning process and incorporated into the integrated resource plan filed with the commission.
(b) Notwithstanding paragraph (a) of this subsection, a clean energy plan developed by a multistate jurisdictional electric company must be based on or contained in other information developed consistent with a cost-allocation methodology approved by the commission.
(4) A clean energy plan must:
(a) Incorporate the clean energy targets set forth in ORS 469A.410;
(b) Include annual goals set by the electric company for actions that make progress towards meeting the clean energy targets set forth in ORS 469A.410, including acquisition of nonemitting generation resources, energy efficiency measures and acquisition and use of demand response resources;
(c) Include a risk-based examination of resiliency opportunities that includes costs, consequences, outcomes and benefits based on reasonable and prudent industry resiliency standards and guidelines established by the Public Utility Commission;
(d) Examine the costs and opportunities of offsetting energy generated from fossil fuels with community-based renewable energy;
(e) Demonstrate the electric company is making continual progress within the planning period towards meeting the clean energy targets set forth in ORS 469A.410, including demonstrating a projected reduction of annual greenhouse gas emissions; and
(f) Result in an affordable, reliable and clean electric system.
(5) Actions and investments proposed in a clean energy plan may include the development or acquisition of clean energy resources, acquisition of energy efficiency and demand response, including an acquisition required by ORS 757.054, development of new transmission and other supporting infrastructure, retirement of existing generating facilities, changes in system operation and any other necessary action.
(6) The commission shall ensure that an electric company demonstrates continual progress as described in subsection (4)(e) of this section and is taking actions as soon as practicable that facilitate rapid reduction of greenhouse gas emissions at reasonable costs to retail electricity consumers. [2021 c.508 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.425 - Community advisory group; membership; biennial report.

(1) An electric company that files a clean energy plan under ORS 469A.415 shall convene a Community Benefits and Impacts Advisory Group. The members of the electric company’s Community Benefits and Impacts Advisory Group will be determined by the electric company with input from stakeholders that represent the interests of customers or affected entities within the electric company’s service territory. Members must include representatives of environmental justice communities and low-income ratepayers and may include representatives from other affected entities within the electric company’s service territory.
(2)(a) The electric company shall develop, in consultation with the Community Benefits and Impacts Advisory Group, a biennial report that assesses the community benefits and impacts of the electric company and shall file the biennial report with the Public Utility Commission. The biennial report must include a description of the following:
(A) Energy burden and disconnections for residential customers and disconnections for small commercial customers;
(B) Opportunities to increase contracting with businesses owned by women, veterans or Black, Indigenous, or People of Color;
(C) Actions within environmental justice communities within the electric company’s service territory intended to improve resilience during adverse conditions or facilitate investments in the distribution system, including investments in facilities that generate nonemitting electricity;
(D) Distribution of infrastructure or grid investments and upgrades in environmental justice communities in the electric company’s service territory, including infrastructure or grid investments that facilitate the electric company’s compliance with the clean energy targets set forth in ORS 469A.410;
(E) Social, economic or environmental justice cobenefits that result from the electric company’s investments, contracts or internal practices;
(F) Customer experience, including a review of annual customer satisfaction surveys;
(G) Actions to encourage customer engagement; and
(H) Other items as determined by the electric company and the electric company’s Community Benefits and Impacts Advisory Group.
(b) The electric company may engage the Community Benefits and Impacts Advisory Group to advise on other matters, including but not limited to:
(A) The development and equitable implementation of a clean energy plan as determined in ORS 469A.415;
(B) The development and equitable implementation of a distribution system plan;
(C) Equitable contracting practices; and
(D) Best practices and strategies for reducing energy burden and disconnections in the electric company’s service territory.
(3) The commission shall establish a process for an electric company to contemporaneously recover the cost associated with the development of biennial reports and the costs associated with compensation or reimbursement for time and travel of members of a Community Benefits and Impacts Advisory Group. [2021 c.508 §6]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.450 - Cost cap for electricity service suppliers; comparable exemption and procedures.

The Public Utility Commission shall provide the same opportunity to an electricity service supplier as provided an electric company under ORS 469A.445 to receive a comparable exemption from further compliance with the requirements of ORS 469A.400 to 469A.475. A comparable exemption shall be provided based on comparable procedures and criteria, to the extent the procedures and criteria apply to an electricity service supplier as applied to an electric company under ORS 469A.445 and adjusted to reflect applicable differences between electricity service suppliers and electric companies. [2021 c.508 §11]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.455 - Performance incentive for early compliance.

In furtherance of the clean energy targets set forth in ORS 469A.410, the Public Utility Commission may apply a performance incentive for early compliance with one or more of the clean energy targets. [2021 c.508 §12]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.465 - Rules; costs recovery.

(1) The Public Utility Commission may adopt rules as necessary to implement ORS 469A.400 to 469A.475.
(2) The commission shall review and identify costs incurred by electric companies for obligations not similarly imposed on electricity service suppliers to comply with ORS 469A.400 to 469A.475 that retail electric consumers served by electricity service suppliers may avoid by obtaining electric power through direct access and ensure that the identified costs are recovered from all retail electricity consumers, are calculated and recovered on the basis of electricity consumption and bear a direct relationship to costs borne by retail electricity consumers served by electric companies. [2021 c.508 §14]