reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.085 - Procedure for imposing civil penalties; rules.

(1) Except as otherwise provided in this section, civil penalties under ORS 469.992 shall be imposed as provided in ORS 183.745.
(2) Notwithstanding ORS 183.745 (2), the notice to the person against whom a civil penalty is to be imposed shall reflect a complete statement of the consideration given to the factors listed in subsection (7) of this section. The notice may be served by either the Director of the State Department of Energy or the Energy Facility Siting Council.
(3) Notwithstanding ORS 183.745, if a hearing is not requested or if the person requesting a hearing fails to appear, a final order shall be entered upon a prima facie case made on the record of the agency.
(4) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law. An action taken by the director or the council under this section may be joined by the director or the council with any other action against the same person under this chapter.
(5) Any civil penalty recovered under this section shall be paid into the General Fund.
(6) The director or the council shall adopt by rule a schedule of the amount of civil penalty that may be imposed for a particular violation.
(7) In imposing a penalty under ORS 469.992, the director or the council shall consider:
(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct or prevent any violation;
(b) Any prior violations of ORS chapter 469 or rules, orders or permits relating to the alleged violation;
(c) The impact of the violation on public health and safety or public interests in fishery, navigation and recreation;
(d) Any other factors determined by the director or the council to be relevant; and
(e) The alleged violator’s cooperativeness and effort to correct the violation.
(8) The penalty imposed under ORS 469.992 may be remitted or mitigated upon such terms and conditions as the director or council determines to be proper. Upon the request of the person incurring the penalty, the director or council shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated. [1991 c.480 §2; 1991 c.734 §106; 2003 c.186 §19]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.090 - Confidentiality of information submitted under ORS 469.080.

(1) Information furnished under ORS 469.080 shall be confidential and maintained as such, if so requested by the person providing the information, if the information meets one of the following requirements:
(a) The information is proprietary in nature; or
(b) The information consists of geological and geophysical information and data, including maps, concerning oil, gas or geothermal resource wells.
(2) Nothing in this section prohibits the use of confidential information to prepare statistics or other general data for publication, so presented as to prevent identification of particular persons. [1975 c.606 §19]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.100 - Agency consideration of legislative policy; agency review of rules.

(1) All agencies shall consider the policy stated in ORS 469.010 in adopting or modifying their rules and policies.
(2) All agencies shall review their rules and policies to determine their consistency with the policy stated in ORS 469.010. [1975 c.606 §3; 1995 c.551 §20]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.110 - Dealings with federal government; intervention by State Department of Energy in agency action.

(1) At the direction of the Director of the State Department of Energy, the State Department of Energy may represent the state’s energy-related interests in any matter involving the federal government, its departments or agencies, which is within the scope of the power and duties of the State Department of Energy, and may, upon request, represent the interest of a county, city, state agency, federally recognized Native American or American Indian tribe, special district or owner or operator of an energy facility.
(2) At the direction of the director, the department may intervene in any proceeding undertaken by an agency for the purpose of expressing its views as to the effect of an agency action, upon state energy resources and state energy policy. [1975 c.606 §12; 2013 c.656 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.120 - State Department of Energy Account; appropriation; record of moneys.

(1) The State Department of Energy Account is established.
(2) The account shall consist of all funds received by the State Department of Energy pursuant to law. All moneys in the account are continuously appropriated to the State Department of Energy for payment of expenses of the department and of the Energy Facility Siting Council.
(3) Moneys collected under ORS 469.421 (8) may be expended only for the purposes of programs and activities that the council and the department are charged with administering and authorized to conduct under the laws of this state, including those enumerated in ORS 469.030.
(4) The Director of the State Department of Energy shall keep a record of all moneys deposited in the account. The record shall indicate by special cumulative accounts the source from which moneys are derived and the individual activity or program, including any activities described in ORS 469.424, against which each withdrawal is charged. On or after October 1 of each year, the director shall make available, upon request, the record for the prior fiscal year to any energy resource supplier that has paid the assessment imposed under ORS 469.421 (8). The director shall make the record available within 30 days of receiving the request. [1975 c.606 §13; 1995 c.551 §5; 2003 c.186 §7; 2013 c.656 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.135 - Energy Conservation Clearinghouse for Commerce and Industry.

The State Department of Energy shall expand the Energy Conservation Clearinghouse for Commerce and Industry so that it provides:
(1) Current information to business and industry on:
(a) State and federal financing mechanisms;
(b) Tax advantages of energy conservation investments; and
(c) General economic advantages of energy conservation investments.
(2) Teaching on conservation techniques and management of energy by corporations. [1981 c.865 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.150 - Energy suppliers to provide conservation services and information; rules.

(1) As used in this section "energy conservation services" means services provided by energy suppliers to educate and inform customers and the public about energy conservation. Such services include but are not limited to providing answers to questions concerning energy saving devices and providing inspections and making suggestions concerning the construction and siting of buildings and residences.
(2) Energy suppliers other than public utilities as defined in ORS 757.005, that produce, transmit, deliver or furnish heat, light or power shall establish energy conservation services and shall provide energy conservation information to customers and to the public. The services shall be performed in accordance with such guidelines as the Director of the State Department of Energy may by rule prescribe.
(3) As used in this section "energy supplier" means a publicly owned utility or fuel oil dealer which supplies electricity or fuel oil for the space heating of dwellings. [1977 c.887 §13]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.155 - Advisory energy conservation standards for dwellings; rules.

(1) As used in this section:
(a) "Dwelling" means real or personal property inhabited as the principal residence of an owner or renter. "Dwelling" includes a manufactured dwelling as defined in ORS 446.003, a floating home as defined in ORS 830.700 and multiple unit residential housing. "Dwelling" does not include a recreational vehicle as defined in ORS 174.101.
(b) "Energy conservation standards" means standards for the efficient use of energy for space and water heating in a dwelling.
(2) The Director of the State Department of Energy shall establish advisory energy conservation standards for existing dwellings. The standards shall be adopted by rule in accordance with ORS 183.310 to 183.410. The standards:
(a) Shall take cost-effectiveness into account; and
(b) Shall be compatible with and further the state’s incentive programs for residential energy conservation.
(3) The director shall publicize the energy conservation standards and encourage home owners to voluntarily comply with the standards. [1981 c.565 §2; 1987 c.158 §97; 1989 c.648 §65; 2003 c.186 §20; 2019 c.422 §33]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.160

[1977 c.196 §2; 1979 c.670 §3; 1981 c.894 §4; 1983 c.346 §1; 1983 c.768 §2; 1987 c.492 §2; 1989 c.880 §1; 1995 c.746 §19a; 1997 c.534 §4; 1999 c.510 §1; 2001 c.584 §5; 2005 c.832 §6; 2007 c.843 §28; 2011 c.730 §70; renumbered 469B.100 in 2011]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.161 - Single resource for providing information and assistance related to energy efficiency incentives and programs.

(1) The State Department of Energy shall create a single resource that provides to interested persons information, technical assistance and assistance in identifying contractors and financing options, related to available energy efficiency incentives and programs.
(2) The department shall coordinate information and data exchanges between federal and state agencies, private and public utility providers, and energy efficiency incentive or program providers as may be necessary to:
(a) Create and maintain the single resource described under subsection (1) of this section; and
(b) Support the implementation and reporting requirements of available energy efficiency incentives and programs.
(3) The department may contract with a nonprofit or other entity as may be necessary to carry out the provisions of this section.
(4) Entities that exchange, compile or maintain information or data under this section or that are involved in carrying out the provisions of this section shall use best practices to maintain the confidentiality and security of the information and data as required by federal and state law, including the Oregon Consumer Information Protection Act and ORS 192.355. [2023 c.562 §9]
Note:
469.161 to 469.183 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 469.165

[1977 c.196 §3; 1989 c.880 §2; 1997 c.534 §5; 2005 c.832 §7; 2007 c.843 §30; 2011 c.730 §70a; renumbered 469B.103 in 2011]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.166 - Program to assist environmental justice communities.

The State Department of Energy shall establish a program to provide assistance related to energy projects and activities to environmental justice communities, as defined in ORS 469A.400. At a minimum, the program must provide environmental justice communities with information regarding:
(1) Funding resources.
(2) Technical assistance.
(3) Other support that may be available. [2023 c.562 §1]
Note:
See note under 469.161.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.170

[1977 c.196 §4; 1979 c.670 §4; 1981 c.894 §5; 1983 c.346 §2; 1987 c.492 §3; 1989 c.880 §3; 1995 c.746 §20; 1997 c.534 §6; 1999 c.21 §78; 2001 c.584 §6; 2003 c.186 §21; 2005 c.832 §8; 2007 c.843 §31; 2011 c.730 §71; renumbered 469B.106 in 2011]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.172

[1989 c.880 §7; 1995 c.746 §20a; 1999 c.510 §2; 2001 c.584 §7; 2005 c.832 §9; 2007 c.843 §32; 2011 c.730 § 72; renumbered 469B.112 in 2011]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.176

[1989 c.880 §5 (enacted in lieu of 469.175); 1997 c.534 §7; 2005 c.832 §10; 2007 c.843 §33; renumbered 469B.115 in 2011]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.180

[1977 c.196 §6; 1979 c.670 §6; 1981 c.894 §7; 1983 c.346 §4; 1987 c.492 §5; 1989 c.880 §8; 1993 c.684 §1; 1997 c.534 §10; 2003 c.186 §22; 2005 c.832 §11; 2007 c.843 §34; renumbered 469B.118 in 2011]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.181 - Definitions for ORS 469.181 and 469.183.

As used in this section and ORS 469.183:
(1)(a) "Green electrolytic hydrogen" means hydrogen produced through electrolysis using:
(A) A renewable energy source as defined in ORS 469A.005;
(B) Nonemitting electricity that is not derived from a fossil fuel; or
(C) Electricity that has a carbon intensity that is equal to or less than the average carbon intensity of the electricity served in this state in the calendar year in which construction or expansion of the facility that produces the green electrolytic hydrogen began.
(b) "Green electrolytic hydrogen" does not include hydrogen manufactured using any conversion technology or steam reforming that produces hydrogen from a fossil fuel feedstock.
(2) "Nonemitting electricity" has the meaning given that term in ORS 469A.400.
(3) "Renewable hydrogen" means hydrogen produced using:
(a) A renewable energy source as defined in ORS 469A.005;
(b) Nonemitting electricity that is not derived from a fossil fuel; or
(c) Electricity that has a carbon intensity that is equal to or less than the average carbon intensity of the electricity served in this state in the calendar year in which construction or expansion of the facility that produces the renewable hydrogen began. [2023 c.98 §1]
Note:
See note under 469.161.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.183 - Accelerating adoption of green electrolytic and renewable hydrogen fuels.

To support the state’s transition to clean energy by accelerating the production, distribution and end use of renewable hydrogen and green electrolytic hydrogen fuels, the State Department of Energy shall:
(1) Where appropriate, seek and apply for federal funds for which the state is eligible, and support other applications for federal funds, that may be used to support the development and deployment of renewable hydrogen and green electrolytic hydrogen in this state; and
(2) Provide education and increase awareness regarding renewable hydrogen and green electrolytic hydrogen for federally recognized Indian tribes, local governments, other state agencies, federal agencies, private entities, this state’s four-year public institutions of higher education, labor unions, environmental justice communities and other relevant entities. [2023 c.98 §2]
Note:
See note under 469.161.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.185

[1979 c.512 §3; 1981 c.894 §17; 1985 c.745 §1; 1991 c.711 §1; 1997 c.534 §11; 1997 c.656 §5; 1999 c.365 §1; 1999 c.623 §4; 1999 c.765 §4; 2001 c.583 §4; 2007 c.591 §1; 2007 c.843 §16; 2010 c.76 §4; 2011 c.474 §25; renumbered 469B.130 in 2011]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.200

[1979 c.512 §5; 1981 c.894 §18; 1985 c.745 §3; 1987 c.158 §98; 1991 c.711 §3; 1993 c.684 §2; 1995 c.746 §15a; 1997 c.534 §12; 1997 c.656 §6a; 1999 c.365 §2; 2003 c.186 §23; 2007 c.843 §17; 2008 c.29 §2; 2010 c.76 §§8,9,9a; 2011 c. 474 §§27,28,29; renumbered 469B.142 in 2011]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.205

[1979 c.512 §6; 1981 c.894 §19; 1985 c.745 §4; 1989 c.765 §7; 1991 c.711 §2; 1993 c.684 §3; 1995 c.746 §16; 1997 c.656 §7; 1999 c.623 §5; 1999 c.765 §5; 2001 c.583 §5; 2001 c.660 §2; 2003 c.186 §24; 2007 c.843 §18; 2008 c.29 §3; 2010 c.76 §10; 2011 c.474 §30; renumbered 469B.145 in 2011]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.207

[1985 c.745 §9; 1993 c.684 §4; 1995 c.746 §16a; 2001 c.583 §7; renumbered 469B.151 in 2011]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.210

[1979 c.512 §7; 1995 c.746 §17; 1997 c.656 §8; 1999 c.365 §3; 2001 c.583 §7a; 2003 c.186 §25; 2010 c.76 §11; renumbered 469B.157 in 2011]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.215

[1979 c.512 §8; 1981 c.894 §20; 1985 c.745 §5; 1989 c.765 §8; 1991 c.711 §4; 1995 c.746 §18; 1997 c.656 §9; 1999 c.365 §4; 1999 c.623 §6; 2001 c.583 §8; 2001 c.660 §1b; 2003 c.186 §26; 2007 c.843 §20; 2008 c.29 §4; 2010 c.76 §12; renumbered 469B.161 in 2011]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.225

[1979 c.512 §10; 2003 c.186 §27; 2008 c.29 §5; 2010 c.76 §14; 2011 c.474 §31; renumbered 469B.169 in 2011]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.238 - Sale of products not meeting standards prohibited; exemptions.

(1) Except as provided in subsection (2) of this section, a person may not sell or offer for sale a new bottle-type water dispenser, commercial hot food holding cabinet, compact audio product, digital versatile disc player, digital versatile disc recorder, portable electric spa, television, inductive charger system, large battery charger system, small battery charger system, high light output double-ended quartz halogen lamp, high color-rendering index fluorescent lamp, computer, computer monitor, lavatory faucet, kitchen faucet, public lavatory faucet, lavatory replacement aerator, kitchen replacement aerator, showerhead, commercial fryer, commercial steam cooker, commercial dishwasher, residential ventilation fan, electric storage water heater or spray sprinkler body unless the energy efficiency of the new product meets or exceeds the minimum energy efficiency standards specified in ORS 469.233.
(2) A person may sell or offer for sale a new product not meeting efficiency standards specified in subsection (1) of this section if the product is:
(a) Manufactured in this state and sold outside this state;
(b) Manufactured outside this state and sold at wholesale inside this state for final retail sale and installation outside this state;
(c) Installed in a mobile or manufactured home at the time of construction; or
(d) Designed expressly for installation and use in recreational vehicles. [2005 c.437 §§2,3,4; 2007 c.649 §3; 2013 c.418 §§5,6; 2021 c.108 §3; 2022 c.4 §3]
Note:
See note under 469.229.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.239 - Installation of products not meeting standards prohibited; exemptions.

(1) Except as provided in subsection (2) of this section, a person may not install a new bottle-type water dispenser, commercial hot food holding cabinet, compact audio product, digital versatile disc player, digital versatile disc recorder, portable electric spa, television, inductive charger system, large battery charger system, small battery charger system, high light output double-ended quartz halogen lamp, high color-rendering index fluorescent lamp, computer, computer monitor, commercial fryer, commercial steam cooker, commercial dishwasher, residential ventilation fan or spray sprinkler body for compensation unless the energy efficiency of the new product meets or exceeds the minimum energy efficiency standards specified in ORS 469.233.
(2) A person may install a new product not meeting efficiency standards specified in subsection (1) of this section if the product is:
(a) Installed in a mobile or manufactured home at the time of construction; or
(b) Designed expressly for installation and use in recreational vehicles. [2005 c.437 §6; 2005 c.437 §7; 2007 c.649 §4; 2013 c.418 §§7,8; 2021 c.108 §4; 2022 c.4 §4]
Note:
See note under 469.229.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.255 - Manufacturers to test products; test methods; certification of products; rules.

(1) A manufacturer of a product specified in ORS 469.238 that is sold or offered for sale, or installed or offered for installation, in this state shall test samples of the manufacturer’s products in accordance with the test methods specified in ORS 469.233 or, if more stringent, those specified in the state building code.
(2) If the test methods for products required to be tested under this section are not provided for in ORS 469.233 or in the state building code, the State Department of Energy shall adopt test methods for these products. The department shall use test methods approved by the United States Department of Energy or, in the absence of federal test methods, other appropriate nationally recognized test methods for guidance in adopting test methods. The State Department of Energy may periodically review and revise its test methods.
(3) A manufacturer of a product regulated pursuant to ORS 469.229 to 469.261 shall certify to the State Department of Energy that the products are in compliance with the minimum energy efficiency standards specified in ORS 469.233. The department shall establish rules governing the certification of these products and may coordinate with the certification and testing programs of other states and federal agencies with similar standards.
(4)(a) The department shall establish rules governing the identification of the products that comply with the minimum energy efficiency standards specified in ORS 469.233. The rules shall be coordinated to the greatest extent practicable with the labeling programs of other states and federal agencies with equivalent efficiency standards.
(b) Identification required under paragraph (a) of this subsection shall be by means of a mark, label or tag on the product and packaging at the time of sale or installation.
(c) The department shall waive marking, labeling or tagging requirements for products marked, labeled or tagged in compliance with federal requirements or for products certified pursuant to subsection (3) of this section, unless the department determines that state marking, labeling or tagging is required to provide adequate energy efficiency information to the consumer. [2005 c.437 §9; 2007 c.375 §6; 2007 c.649 §5a; 2021 c.108 §5]
Note:
See note under 469.229.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.281 - Implementation; enforcement; advisory committee; rules.

(1) In addition to the energy performance standard the State Department of Energy adopts in accordance with ORS 469.277, the department shall adopt rules to implement ORS 469.275 to 469.279. The rules must:
(a) Ensure timely, accurate and complete reporting of compliance with the requirements of ORS 469.275 to 469.279 from all tier 1 buildings;
(b) Enable the department to effectively enforce the energy performance standard and energy use intensity targets established under ORS 469.275 to 469.279;
(c) Provide means for affected eligible building owners of tier 1 buildings to appeal decisions and enforcement actions of the department that affect the eligible building owner; and
(d) Ensure that an eligible building owner of a tier 1 building is responsible for paying the costs of compliance with ORS 469.275 to 469.279.
(2) Before adopting rules under this section, the department shall establish and consult an advisory committee that includes representatives of eligible building owners, tenants of covered commercial buildings, public utilities, organizations with experience in designing or implementing energy efficiency programs, local governments, organizations that focus on environmental justice and other stakeholders the department identifies as needing representation. The department shall consult with the advisory committee before amending rules the department adopts under this section. [2023 c.442 §11]
Note:
See note under 469.275.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.283 - County assessors to provide information to department.

At the request of the State Department of Energy, each county assessor in this state shall provide information from existing records data that the department requires to implement ORS 469.275 to 469.279, including information about covered commercial buildings within the county. [2023 c.442 §12]
Note:
See note under 469.275.
Note:
Section 13, chapter 442, Oregon Laws 2023, provides:
Sec. 13. Annual report on implementation of energy performance standards.
The State Department of Energy shall report not later than January 15, 2025, and by the same date in each succeeding year until 2035, to the Governor and to committees of the Legislative Assembly that are related to the environment concerning the implementation of the energy performance standard established under section 9 of this 2023 Act [469.277]. The report must include information about the department’s adoption of the ANSI/ASHRAE/IES Standard 100 as the department’s initial model for the energy performance standard, the financial impact the standard has had on eligible building owners of tier 1 buildings, the amount of any incentives the department provided for compliance and any other information that is relevant to the department’s implementation of sections 8 to 10 of this 2023 Act [469.275 to 469.279]. [2023 c.442 §13]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.285 - When action to comply not required; incentives for voluntary or early compliance.

(1) ORS 469.275 to 469.279 do not require an eligible building owner to take action to comply with ORS 469.275 to 469.279:
(a) If the eligible building owner owns a tier 2 building; or
(b) Before the State Department of Energy adopts an energy performance standard under ORS 469.277, if the eligible building owner owns a tier 1 building.
(2) The department may offer incentives for eligible building owners to voluntarily comply with, or for early compliance with, ANSI/ASHRAE/IES Standard 100 or the energy performance standard the department establishes under ORS 469.277. [2023 c.442 §14]
Note:
See note under 469.275.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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 Education’s 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 469.275.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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 469.291.
(4) A person that administers incentive payments on the department’s behalf:
(a) Remains subject to any obligations the person has or will have to provide energy efficiency programs or incentives to the person’s customers; and
(b) Is not liable for excess incentive payments the person makes in reliance on the department’s certification or determination of the proper amount of the incentive payment, if the person is not otherwise responsible for any inaccuracy in the amount of the incentive payment. [2023 c.442 §16]
Note:
See note under 469.275.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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 Energy’s 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. [Formerly 453.335; 1977 c.794 §9; 1989 c.88 §1; 1993 c.569 §5; 1995 c.505 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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 469.421.
(2) Copies of the notice of intent and of the application shall be sent for comment and recommendation within specified deadlines established by the council to the Department of Environmental Quality, the Water Resources Commission, the State Fish and Wildlife Commission, the Water Resources Director, the State Geologist, the State Forestry Department, the Public Utility Commission of Oregon, the State Department of Agriculture, the Department of Land Conservation and Development, the Oregon Department of Aviation, any other state agency that has regulatory or advisory responsibility with respect to the facility and any city or county affected by the application.
(3) Any state agency, city or county that is requested by the council to comment and make recommendations under this section shall respond to the council by the specified deadline. If a state agency, city or county determines that it cannot respond to the council by the specified deadline because the state agency, city or county lacks sufficient resources to review and comment on the application, the state agency, city or county shall contract with another entity to assist in preparing a response. A state agency, city or county that enters into a contract to assist in preparing a response may request funding to pay for that contract from the council pursuant to ORS 469.360.
(4) The State Department of Energy shall notify the applicant whether the application is complete. When the department determines an application is complete, the department shall notify the applicant and provide notice to the public. [Formerly 453.345; 1977 c.794 §10; 1989 c.88 §2; 1993 c.569 §6; 1995 c.505 §9; 2001 c.683 §10; 2009 c.399 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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. [Formerly 459.625; 1979 c.283 §3; 1981 c.587 §3; 1985 c.4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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:
469.378 was added 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.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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 council’s discretion, the delegation is warranted under the circumstances of the case. [1995 c.505 §27; 1999 c.385 §3]
Note:
469.402 was added 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.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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:
469.405 was added 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.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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:
469.407 and 469.409 were added to and made a part of 469.300 to 469.563 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.