reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.571 - Oregon Hanford Cleanup Board; members; appointment.

There is created an Oregon Hanford Cleanup Board that shall consist of the following members:
(1) The Director of the State Department of Energy or designee;
(2) The Water Resources Director or designee;
(3) A representative of the Governor;
(4) One member representing the Confederated Tribes of the Umatilla Indian Reservation;
(5) Ten members of the public, appointed by the Governor, one of whom shall be a representative of a local emergency response organization in eastern Oregon and one of whom shall serve as chairperson; and
(6) Three members of the Senate, appointed by the President of the Senate, and three members of the House of Representatives, appointed by the Speaker of the House of Representatives who shall serve as advisory members without vote. [1987 c.514 §4; 1991 c.562 §1; 1997 c.249 §271; 2003 c.186 §5]
Note:
See note under 469.566.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.572 - Compensation of board members.

(1) Each member of the Oregon Hanford Cleanup Board shall serve at the pleasure of the appointing authority. For purposes of this subsection, for those members of the board selected by the public advisory committee, the appointing authority shall be the public advisory committee.
(2) Each public member of the board shall receive compensation and expenses as provided in ORS 292.495. Each legislative member shall receive compensation and expenses as provided in ORS 171.072.
(3) The board shall be under the supervision of the chairperson. [1987 c.514 §5]
Note:
See note under 469.566.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.573 - Purpose of Oregon Hanford Cleanup Board.

The Oregon Hanford Cleanup Board:
(1) Shall serve as the focal point for all policy discussions within the state government concerning the disposal of high-level radioactive waste in the northwest region.
(2) Shall recommend a state policy to the Governor and to the Legislative Assembly.
(3) After consultation with the Governor, may make policy recommendations on other issues related to the Hanford Nuclear Reservation at Richland, Washington, including but not limited to defense wastes, disposal and treatment of chemical waste and plutonium production. [1987 c.514 §6; 2001 c.104 §206]
Note:
See note under 469.566.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.575 - Duties of chairperson of Oregon Hanford Cleanup Board.

The chairperson of the Oregon Hanford Cleanup Board shall:
(1) Supervise the day-to-day functions of the board;
(2) Hire, assign, reassign and coordinate the administrative personnel of the board, prescribe their duties and fix their compensation, subject to the State Personnel Relations Law; and
(3) Request technical assistance from any other state agency. [1987 c.514 §8]
Note:
See note under 469.566.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.576 - Review of Hanford as site selected for long-term disposal of high-level radioactive waste.

(1) If the United States Department of Energy selects the Hanford Nuclear Reservation as the site for the construction of a repository for the long-term disposal of high-level radioactive waste, the Oregon Hanford Cleanup Board shall review the selected site and the site plan prepared by the United States Department of Energy. In conducting its review the board shall:
(a) Include a full scientific review of the adequacy of the selected site and of the site plan;
(b) Use recognized experts;
(c) Conduct one or more public hearings on the site plan;
(d) Make available to the public arguments and evidence for and against the site plan; and
(e) Solicit comments from appropriate state agencies, local governments, regional planning commissions, American Indian tribal governing bodies, the general public and interested citizen groups on the adequacy of the Hanford site and the site plan.
(2) After completing the review under subsection (1) of this section, the board shall submit a recommendation to the Speaker of the House of Representatives, the President of the Senate and the Governor on whether the state should accept the Hanford site. [1987 c.514 §10; 2001 c.104 §208]
Note:
See note under 469.566.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.577 - Lead agency; agreements with federal agencies related to long-term disposal of high-level radioactive waste.

(1) In addition to any other duty prescribed by law and subject to the policy direction of the board, a lead agency designated by the Governor shall negotiate written agreements and modifications to those agreements, with the United States Department of Energy or any other federal agency or state on any matter related to the long-term disposal of high-level radioactive waste.
(2) Any agreement or modification to an agreement negotiated by the agency designated by the Governor under subsection (1) of this section shall be consistent with the policy expressed by the Governor and the Legislative Assembly as developed by the Oregon Hanford Cleanup Board.
(3) The Oregon Hanford Cleanup Board shall make recommendations to the agency designated by the Governor under subsection (1) of this section concerning the terms of agreements or modifications to agreements negotiated under subsection (1) of this section or other issues related to the Hanford Nuclear Reservation. [1987 c.514 §11; 1991 c.562 §5; 2001 c.104 §209]
Note:
See note under 469.566.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.578 - Oregon Hanford Cleanup Board to implement agreements with federal agencies.

The Oregon Hanford Cleanup Board shall implement agreements, modifications and technical revisions approved by the agency designated by the Governor under ORS 469.577. In implementing these agreements, modifications and revisions, the board may solicit the views of any appropriate state agency, local government, regional planning commission, American Indian tribal governing body, the general public and interested citizen groups. [1987 c.514 §12]
Note:
See note under 469.566.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.579 - Authority to accept moneys; disbursement of funds; rules.

The Oregon Hanford Cleanup Board may accept moneys from the United States Department of Energy, other federal agencies, the State of Washington and from gifts and grants received from any other person. Such moneys are continuously appropriated to the board for the purpose of carrying out the provisions of ORS 469.566 to 469.583. The board shall establish by rule a method for disbursing such funds as necessary to carry out the provisions of ORS 469.566 to 469.583, including but not limited to awarding contracts for studies pertaining to the long-term disposal of radioactive waste or other issues related to the Hanford Nuclear Reservation. Any disbursement of funds by the board or the lead agency shall be consistent with the policy established by the board under ORS 469.573. [1987 c.514 §13; 1991 c.562 §6; 2001 c.104 §210; 2003 c.186 §35]
Note:
See note under 469.566.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.581 - Advisory and technical committees.

The Oregon Hanford Cleanup Board may establish any advisory and technical committee it considers necessary. Members of any advisory or technical committee established under this section may receive reimbursement for travel expenses incurred in the performance of their duties in accordance with ORS 292.495. [1987 c.514 §14; 1991 c.562 §2]
Note:
See note under 469.566.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.582 - Cooperation with Oregon Hanford Cleanup Board; technical assistance from other state agencies.

All departments, agencies and officers of this state and its political subdivisions shall cooperate with the Oregon Hanford Cleanup Board in carrying out any of its activities under ORS 469.566 to 469.583 and, at the request of the chairperson, provide technical assistance to the board. [1987 c.514 §15]
Note:
See note under 469.566.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.583 - Rules.

In accordance with the applicable provisions of ORS chapter 183, the Oregon Hanford Cleanup Board shall adopt rules and standards to carry out the requirements of ORS 469.566 to 469.583. [1987 c.514 §16]
Note:
See note under 469.566.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.584 - Findings.

The Legislative Assembly and the people of the State of Oregon find that:
(1) In order to solve the problem of high-level radioactive waste disposal, Congress established a process for selecting two sites for the safe, permanent and regionally equitable disposal of such waste.
(2) The process of selecting three sites as final candidates, including the Hanford Nuclear Reservation in the State of Washington, for a first high-level nuclear waste repository by the United States Department of Energy violated the intent and the mandate of Congress.
(3) The United States Department of Energy has prematurely deferred consideration of numerous potential sites and disposal media that its own research indicates are more appropriate, safer and less expensive.
(4) Placement of a repository at Hanford without methodical and independently verified scientific evaluation threatens the health and safety of the people and the environment of this state.
(5) The selection process is flawed and not credible because it did not include independent experts in the selection of the sites and in the review of the selected sites, as recommended by the National Academy of Sciences.
(6) By postponing indefinitely all site specific work for an eastern repository, the United States Department of Energy has not complied with the intent of Congress expressed in the Nuclear Waste Policy Act, Public Law 97-425, and the fundamental compromise which enabled its enactment. [1987 c.13 §1; 2001 c.104 §211]
Note:
469.584 and 469.585 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 469.585 - Activities of state related to selection of high-level radioactive waste disposal site.

In order to achieve complete compliance with federal law and protect the health, safety and welfare of the people of the State of Oregon, the Legislative Assembly, other statewide officials and state agencies shall use all legal means necessary to:
(1) Suspend the preliminary site selection process for a high-level nuclear waste repository, including the process of site characterization, until there is compliance with the intent of the Nuclear Waste Policy Act;
(2) Reverse the Secretary of Energy’s decision to postpone indefinitely all site specific work on locating and developing an eastern repository for high-level nuclear waste;
(3) Insist that the United States Department of Energy’s site selection process, when resumed, considers all acceptable geologic media and results in safe, scientifically justified and regionally and geographically equitable high-level nuclear waste disposal;
(4) Demand that federal budget actions fully and completely follow the intent of the Nuclear Waste Policy Act;
(5) Continue to pursue alliances with other states and interested parties, particularly with Pacific Northwest Governors, legislatures and other parties, affected by the site selection process and transportation of high-level nuclear waste; and
(6) Ensure that Oregon, because of its close geographic and geologic proximity to the proposed Hanford Nuclear Reservation site, be accorded the same status under federal law as a state in which a high-level nuclear repository is proposed to be located. [1987 c.13 §2; 2001 c.104 §212]
Note:
See note under 469.584.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.586 - Findings.

The Legislative Assembly and the people of the State of Oregon find that:
(1) The maintenance of healthy, unpolluted river systems, airsheds and land are essential to the economic vitality and well-being of the citizens of the State of Oregon and the Pacific Northwest.
(2) Radioactive waste stored at the Hanford Nuclear Reservation is already leaking into and contaminating the water table and watershed of the Columbia River and radioactive materials and toxic compounds have been found in plants, animals and waters downstream from the Hanford Nuclear Reservation and constitute a present and potential threat to the health, safety and welfare of the people of the State of Oregon.
(3) The Hanford Nuclear Reservation is now one of the most radioactively contaminated sites in the world, according to government studies, and will require billions of dollars in costs for cleanup and the ongoing assessment of health effects.
(4) In November 1980, the people of the State of Oregon, by direct vote in a statewide election, enacted a moratorium on the construction of nuclear power plants, and no nuclear power plants are presently operating in the State of Oregon.
(5) In May 1987, the people of the State of Oregon, by direct vote in a statewide election, enacted Ballot Measure 1, opposing the disposal of highly radioactive spent fuel from commercial power plants at the Hanford Nuclear Reservation.
(6) In 1995, the Legislative Assembly resolved that Oregon should have all legal rights in matters affecting the Hanford Nuclear Reservation, including party status in the Hanford tri-party agreement that governs the cleanup of the reservation.
(7) Throughout the administrations of Presidents Ford, Carter, Reagan and Bush, the policy of the federal government banned the use of plutonium in commercial nuclear power plants due to the risk that the plutonium could be diverted to terrorists and to nations that have not renounced the use of nuclear weapons.
(8) The federal government has announced that it will process plutonium from weapons with uranium to produce mixed oxide fuel for commercial nuclear power plants and other nuclear facilities. The Hanford Nuclear Reservation, located on the Columbia River, is a primary candidate site being considered for the production facilities.
(9) The production of mixed oxide fuel will result in enormous new quantities of radioactive and chemical wastes that will present significant additional disposal problems and unknown costs. [1997 c.617 §1]
Note:
469.586 and 469.587 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 469.587 - Position of State of Oregon related to operation of Hanford Nuclear Reservation.

The Legislative Assembly and the people of the State of Oregon:
(1) Declare that the State of Oregon is unalterably opposed to the use of the Hanford Nuclear Reservation for operations that create more contamination at the Hanford Nuclear Reservation, divert resources from cleanup at the Hanford Nuclear Reservation and make the Hanford Nuclear Reservation cleanup more difficult, such as the processing of plutonium to fuel nuclear power plants, reactors or any other facilities, and further declare that vitrification in a safe manner is the preferred means to dispose of excess plutonium, in order to protect human health and the environment.
(2) Request that the President of the United States and the Secretary of Energy continue their previous policy of banning the use of plutonium to fuel commercial power plants and nuclear facilities.
(3) Request that the federal government honor the federal government’s original mandate to implement and complete the cleanup and restoration of the Hanford Nuclear Reservation. [1997 c.617 §2]
Note:
See note under 469.586.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.590 - Definitions for ORS 469.590 to 469.595.

As used in ORS 469.590 to 469.595:
(1) "High-level radioactive waste" means spent nuclear fuel or the radioactive by-products from the reprocessing of spent nuclear fuel.
(2) "Spent nuclear fuel" means nuclear fuel rods or assemblies which have been irradiated in a power reactor and subsequently removed from that reactor. [1981 c.1 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.593 - Findings.

The people of this state find that if no permanent repository for high-level radioactive waste is provided by the federal government, the residents of the state may face the undue financial burden of paying for construction of a repository for such wastes. Therefore, the people of this state enact ORS 469.590 to 469.601. [1981 c.1 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.594 - Storage of high-level radioactive waste after expiration of license prohibited; continuing responsibility for storage; implementation agreements.

(1) Notwithstanding the definition of a "waste disposal facility" under ORS 469.300, no high-level radioactive waste should be stored at the site of a nuclear-fueled thermal power plant after the expiration of the operating license issued to the nuclear power plant by the United States Nuclear Regulatory Commission.
(2) Notwithstanding subsection (1) of this section, a person operating a nuclear power plant under a license issued by the United States Nuclear Regulatory Commission shall remain responsible for proper temporary storage of high-level radioactive materials at the site of the nuclear power plant after termination of a license and until such materials are removed from the site for permanent storage.
(3) The State Department of Energy and the operators of nuclear-fueled thermal plants shall pursue agreements with the United States Department of Energy and the United States Nuclear Regulatory Commission to fulfill the provisions of this section. [1985 c.434 §2; 1991 c.480 §11; 1993 c.569 §28; 1995 c.505 §24; 2001 c.134 §12]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.595 - Condition to site certificate for nuclear-fueled thermal power plant.

Before issuing a site certificate for a nuclear-fueled thermal power plant, the Energy Facility Siting Council must find that an adequate repository for the disposal of the high-level radioactive waste produced by the plant has been licensed to operate by the appropriate agency of the federal government. The repository must provide for the terminal disposition of such waste, with or without provision for retrieval for reprocessing. [1981 c.1 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.597 - Election procedure; elector approval required.

(1) Notwithstanding the provisions of ORS 469.370, if the Energy Facility Siting Council finds that the requirements of ORS 469.595 have been satisfied and proposes to issue a site certificate for a nuclear-fueled thermal power plant, the proposal shall be submitted to the electors of this state for their approval or rejection at the next available statewide general election. The procedures for submitting a proposal to the electors under this section shall conform, as nearly as possible to those for state measures, including but not limited to procedures for printing related material in the voters’ pamphlet.
(2) A site certificate for a nuclear-fueled thermal power plant shall not be issued until the electors of this state have approved the issuance of the certificate at an election held pursuant to subsection (1) of this section. [1981 c.1 §§4,5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.599 - Public Utility Commission’s duty.

The Public Utility Commission shall not authorize the issuance of stocks, bonds or other evidences of indebtedness to finance any nuclear-fueled thermal power plant pursuant to ORS 757.400 to 757.463 until the Energy Facility Siting Council has made the finding required under ORS 469.595. [1981 c.1 §6]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.601 - Effect of ORS 469.595 on applications and applicants.

ORS 469.595 does not prohibit:
(1) The Energy Facility Siting Council from receiving and processing applications for site certificates for nuclear-fueled thermal power plants under ORS 469.300 to 469.563, 469.590 to 469.619 and 469.930; or
(2) An applicant for a site certificate under ORS 469.300 to 469.563, 469.590 to 469.619 and 469.930 from obtaining any other necessary licenses, permits or approvals for the planning or siting of a nuclear-fueled thermal power plant. [1981 c.1 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.605 - Permit to transport required; application; delegation of authority to issue permits; fees; rules.

(1) No person shall ship or transport radioactive material identified by the Energy Facility Siting Council by rule as posing a significant hazard to public health and safety or the environment if improperly transported into or within the State of Oregon without first obtaining a permit from the State Department of Energy.
(2) Such permit shall be issued for a period not to exceed one year and shall be valid for all shipments within that period of time unless specifically limited by permit conditions.
(3) Application for a permit under this section shall be made in a form and manner prescribed by the Director of the State Department of Energy and may include:
(a) A description of the kind, quantity and radioactivity of the material to be transported;
(b) A description of the route or routes proposed to be taken and the transport schedule;
(c) A description of any mode of transportation; and
(d) Other information required by the director to evaluate the application.
(4) The director shall collect a fee from all applicants for permits under this section in an amount reasonably calculated to provide for the costs to the department of performing the duties of the department under ORS 469.550 (3), 469.563, 469.603 to 469.619 and 469.992. Fees collected under this subsection shall be deposited in the State Department of Energy Account established under ORS 469.120.
(5) The director shall issue a permit only if the application demonstrates that the proposed transportation will comply with all applicable rules adopted under ORS 469.603 to 469.619 and if the proposed route complies with federal law as provided in ORS 469.606.
(6) The director may delegate the authority to issue permits for the transportation of radioactive material to the Department of Transportation. In exercising such authority, the Department of Transportation shall comply with the applicable provisions of ORS 469.603 to 469.619 and rules adopted by the director or the Energy Facility Siting Council under ORS 469.603 to 469.619. Permits issued by the Department of Transportation under this subsection shall be enforced according to the provisions of ORS 825.258. The director also may delegate other authority granted under ORS 469.605 to 469.619 to other state agencies if the delegation will maintain or enhance the quality of the transportation safety program. [1981 c.707 §5; 1989 c.6 §4; 1991 c.233 §3; 2003 c.186 §36]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.606 - Determination of best and safest route.

(1) Upon receipt of an application required under ORS 469.605 for which radioactive material is proposed to be transported by highway, the State Department of Energy shall confer with the following persons to determine whether the proposed route is safe, and complies with applicable routing requirements of the United States Department of Transportation and the United States Nuclear Regulatory Commission:
(a) The Oregon Department of Transportation, or a designee of the Oregon Department of Transportation;
(b) The Energy Facility Siting Council, or a designee of the Energy Facility Siting Council; and
(c) The Oregon Transportation Commission, or a designee of the Oregon Transportation Commission.
(2) If, after consultation with the persons set forth in subsection (1) of this section, a determination is made that the proposed route is not the best and safest route for transporting the material, the Director of the State Department of Energy shall deny the application except as provided in subsection (3) of this section.
(3) If the applicant is prohibited by a statute, rule or other action of an adjacent state or a political subdivision in an adjacent state from using the route that complies with federal law, the director:
(a) Shall petition the United States Department of Transportation for an administrative determination of preemption of the ban, pursuant to section 13 of the Hazardous Materials Transportation Uniform Safety Act of 1990, P.L. 101-615.
(b) May issue a permit as provided under ORS 469.605 (5) with conditions necessary to ensure safe transport over a route available to the applicant, until the United States Department of Transportation determines whether the prohibition by the other state or political subdivision is preempted. [1991 c.233 §2; 2003 c.186 §37]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.607 - Authority of council; rules.

(1) After consultation with the Department of Transportation and other appropriate state, local and federal agencies, the Energy Facility Siting Council by rule:
(a) May fix requirements for notification, record keeping, reporting, packaging and emergency response;
(b) May designate those routes by highway, railroad, waterway and air where transportation of radioactive material can be accomplished safely;
(c) May specify conditions of transportation for certain classes of radioactive material, including but not limited to, specific routes, permitted hours of movement, requirements for communications capabilities between carriers and emergency response agencies, speed limits, police escorts, checkpoints, operator or crew training or other operational requirements to enhance public health and safety; and
(d) May establish requirements for insurance, bonding or other indemnification on the part of any person transporting radioactive material into or within the State of Oregon under ORS 469.603 to 469.619 and 469.992.
(2) The requirements imposed by subsection (1) of this section must be consistent with federal Department of Transportation and Nuclear Regulatory Commission rules.
(3) Rules adopted under this section shall be adopted in accordance with the provisions of ORS chapter 183. [1981 c.707 §6; 1989 c.6 §5; 1995 c.733 §45]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.609 - Annual report to state agencies and local governments on shipment of radioactive wastes.

Annually, the Director of the State Department of Energy shall report to interested state agencies and all local government agencies trained under ORS 469.611 on shipment of radioactive material made during the preceding year. The director’s report shall include:
(1) The type and quantity of material transported;
(2) Any mode of transportation used;
(3) The route or routes taken; and
(4) Any other information at the discretion of the director. [1981 c.707 §8; 1989 c.6 §6; 2003 c.186 §38]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.611 - Emergency preparedness and response program; radiation emergency response team; training.

Notwithstanding ORS chapter 401:
(1) The Director of the State Department of Energy shall coordinate emergency preparedness and response with appropriate agencies of government at the local, state and national levels to ensure that the response to a radioactive material transportation accident is swift and appropriate to minimize damage to any person, property or wildlife. This program shall include the preparation of localized plans setting forth agency responsibilities for on-scene response.
(2) The director shall:
(a) Apply for federal funds as available to train, equip and maintain an appropriate response capability at the state and local level; and
(b) Request all available training and planning materials.
(3) The Oregon Health Authority shall maintain a trained and equipped radiation emergency response team available at all times for dispatch to any radiological emergency. Before arrival of the team at the scene of a radiological accident, the director may designate other technical advisors to work with the local response agencies.
(4) The authority shall assist the director to ensure that all emergency services organizations along major transport routes for radioactive materials are offered training and retraining in the proper procedures for identifying and dealing with a radiological accident pending the arrival of persons with technical expertise. The authority shall report annually to the director on training of emergency response personnel. [1981 c.707 §9; 1983 c.586 §44; 1989 c.6 §7; 2003 c.186 §39; 2007 c.71 §151; 2009 c.595 §956; 2009 c.718 §51]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.613 - Records; inspection; rules.

(1) Any person obtaining a permit under ORS 469.605 shall establish and maintain any records, make any reports and provide any information as the Energy Facility Siting Council may by rule or order require to assure compliance with the conditions of the permit or other rules affecting the transportation of radioactive materials and submit the reports and make the records and information available at the request of the Director of the State Department of Energy. Any requirement imposed by the council under this subsection shall be consistent with regulations of the United States Department of Transportation and the United States Nuclear Regulatory Commission.
(2) The director may authorize any employee or agent of the director to enter upon, inspect and examine, at reasonable times and in a reasonable manner for the purpose of administration or enforcement of the provisions of ORS 469.550, 469.563, 469.603 to 469.619 and 469.992 or rules adopted thereunder, the records and property of persons within this state who have applied for permits under ORS 469.605.
(3) The director shall provide for:
(a) The inspection of each highway route controlled shipment prior to or upon entry of the shipment into this state or at the point of origin for the transportation of highway route controlled shipments within the state; and
(b) Inspection of a representative sample of shipments containing material required to bear a radioactive placard as specified by federal regulations. [1981 c.707 §10; 1989 c.6 §8; 2003 c.186 §40]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.615 - Indemnity for claims against state insurance coverage certification; reimbursement for costs incurred in nuclear incident.

(1) A person transporting radioactive materials in this state shall indemnify the State of Oregon and its political subdivisions and agents for any claims arising from the release of radioactive material during that transportation and pay for the cost of response to an accident involving the radioactive material.
(2) With respect to radioactive materials, the Director of the State Department of Energy shall ascertain and certify that insurance coverage required under 42 U.S.C. 2210 is in force and effect at the time the permit is issued under ORS 469.605.
(3) A person who owns, designs or maintains facilities, structures, vehicles or equipment used for handling, transportation, shipment, storage or disposal of nuclear material shall reimburse the state for all expenses reasonably incurred by the state or a political subdivision of the state, in protecting the public health and safety and the environment from a nuclear incident or the imminent danger of a nuclear incident caused by the person’s acts or omissions. These expenses include but need not be limited to, costs incurred for precautionary evacuations, emergency response measures and decontamination or other cleanup measures. As used in this subsection "nuclear incident" has the meaning given that term in 42 U.S.C. 2014(q).
(4) Nothing in subsection (3) of this section shall affect any provision of subsection (1) or (2) of this section. [1981 c.707 §11; 1987 c.705 §9; 1989 c.6 §9]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.617 - Report to legislature; content.

The Director of the State Department of Energy shall prepare and submit to the Governor for transmittal to the Legislative Assembly, on or before the beginning of each odd-numbered year regular legislative session, a comprehensive report on the transportation of radioactive material in Oregon and provide an evaluation of the adequacy of the state’s emergency response agencies. The report shall include, but need not be limited to:
(1) A brief description and compilation of any accidents and casualties involving the transportation of radioactive material in Oregon;
(2) An evaluation of the effectiveness of enforcement activities and the degree of compliance with applicable rules;
(3) A summary of outstanding problems confronting the State Department of Energy in administering ORS 469.550, 469.563, 469.603 to 469.619 and 469.992; and
(4) Such recommendations for additional legislation as the Energy Facility Siting Council considers necessary and appropriate. [1981 c.707 §12; 1989 c.6 §10; 2011 c.545 §58]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.619 - State Department of Energy to make federal regulations available.

The State Department of Energy shall maintain and make available copies of all federal regulation and federal code provisions referred to in ORS 469.300, 469.550, 469.563, 469.603 to 469.619 and 469.992. [1981 c.707 §14; 1989 c.6 §11]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.634 - Contributions for urban and community forest activities by customers of investor-owned utilities; rules; uses.

(1) The Public Utility Commission of Oregon by rule shall establish a system to allow customers of investor-owned utilities to voluntarily contribute an amount that is to be used for urban and community forest activities within the area served by the utility. The amount shall be in addition to the customer’s utility bill. Investor-owned utilities may choose to use the system established by the commission.
(2) The utility shall pay to the State Forester the amount designated under subsection (1) of this section. The State Forester shall deposit the moneys collected under this section into the Urban and Community Forestry Subaccount established under ORS 526.060.
(3) The State Forester shall use the moneys collected under this section for urban and community forest activities. The State Forester by rule, in consultation with the Public Utility Commission of Oregon and local utilities, shall establish guidelines to distribute moneys collected under this section through the Urban and Community Forestry Assistance Program. The guidelines shall include a requirement that moneys are distributed for energy conservation, by means of tree plantings, care and maintenance.
(4) A utility shall not use more than 16 percent of the moneys collected under this section for administrative expenses. The State Forester shall not use more than 16 percent of the moneys collected under this section for administrative expenses.
(5) As used in this section, "urban and community forest activities" means activities that promote cost-effective energy conservation. These activities may include the planting, managing and maintaining of residential, street and park trees on public and private land. [1993 c.388 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.635 - Alternative program of investor-owned utilities.

(1) An investor-owned utility may meet the program submission requirements of ORS 469.633 by submitting only the portions of its residential energy conservation program that are added to or revised in its program approved under section 4, chapter 889, Oregon Laws 1977, in order to make that earlier program fulfill the requirements of ORS 469.633.
(2) An investor-owned utility shall offer a dwelling owner a financing program for cost-effective energy conservation measures that includes the option of a cash payment or a loan unless the investor-owned utility offers another financing program determined by the Public Utility Commission to meet or exceed the program required in ORS 469.633 (3). A program shall be considered to meet or exceed the program required in ORS 469.633 (3) if it includes a financial incentive to the residential customer with a present value on November 1, 1981, that is equal to or greater than the present value of the larger of:
(a) The loan subsidy pursuant to ORS 469.633 (3)(a)(A); or
(b) The cash payment pursuant to ORS 469.633 (3)(a)(B).
(3) An investor-owned utility that has adopted an approved residential energy conservation services program under the National Energy Conservation Policy Act (Public Law 95-619, as amended on November 1, 1981) or signed an energy conservation agreement with the Bonneville Power Administration of the United States Department of Energy for a residential weatherization program under section 6(a) of the Pacific Northwest Electric Power Planning and Conservation Act (Public Law 96-501, as adopted December 5, 1980) that is determined by the commission to meet or exceed the requirements in ORS 469.633 and 469.641 shall not be required to submit a separate program. However, the provisions of ORS 469.637, 469.639, 469.643 and 469.645 nevertheless shall be applicable.
(4) In addition to the residential energy conservation program required in ORS 469.633, an investor-owned utility may offer other energy conservation programs if the commission determines the programs will promote cost-effective energy conservation. [1981 c.778 §7; 1991 c.78 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.636 - Additional financing program by investor-owned utility for rental dwelling.

In addition to the residential energy conservation program approved under ORS 469.633, an investor-owned utility may offer an additional financing program for energy conservation measures for a dwelling owner who rents the dwelling to a tenant whose dwelling unit receives energy for space heating from the investor-owned utility. The financing program may consist, at a minimum, of either of the following:
(1) Offering low-interest loans to fund the entire cost of installed energy conservation measures up to $5,000 per dwelling unit. In addition to the loan subsidy provided under ORS 469.633 (3), the loan shall be further subsidized by applying the present value to the public utility of the tax credit received under ORS 469B.130 to 469B.169. Any portion of the present value of the tax credit shall accrue to the dwelling owner rather than to the investor-owned utility.
(2) Offering cash payments in addition to the cash payments required in ORS 469.633 (3). The additional cash payment shall be equal to the present value of the tax credit received under ORS 469B.130 to 469B.169. [1985 c.745 §11; 1989 c.765 §9]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.639 - Billing for energy conservation measures.

(1) Except as provided in subsection (2) of this section, the Public Utility Commission may require as part of an investor-owned utility residential energy conservation program that, for dwelling owners with approved credit, the utility add to the periodic utility bill for the owner-occupied dwelling for which energy conservation measures have been provided pursuant to ORS 469.631 to 469.645 an amount agreed to between the dwelling owner and the investor-owned utility.
(2) The commission shall allow an investor-owned utility to charge or bill a dwelling owner separately from the periodic utility bill for energy conservation measures provided pursuant to ORS 469.631 to 469.645 if that utility wishes to do so. [1981 c.778 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.641 - Conditions for cash payments to dwelling owner by investor-owned utility.

Except as provided in section 31, chapter 778, Oregon Laws 1981, an investor-owned utility shall not make a cash payment to a dwelling owner for energy conservation measures unless:
(1) The measures were provided in the dwelling on or after November 1, 1981; and
(2) The measures will not be paid for with other investor-owned utility grants or loans. [1981 c.778 §6; 1991 c.877 §39]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.643 - Formula for customer charges; rules.

The Public Utility Commission shall adopt by rule a formula under which the investor-owned utility shall charge all customers to recover:
(1) The cost to the investor-owned utility of the services required to be provided under ORS 469.633; and
(2) Any bad debts, including casualty losses, attributable to dwelling owner default on a loan for energy conservation measures. [1981 c.778 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.645 - Implementation of program by investor-owned utility.

After the Public Utility Commission has approved the residential energy conservation program of an investor-owned utility required by ORS 469.633, the investor-owned utility promptly shall implement that program. [1981 c.778 §9]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.652 - Contributions for urban and community forest activities by customers of publicly owned utilities; rules; uses.

(1) Publicly owned utilities may establish a system to allow customers of publicly owned utilities to voluntarily contribute an amount that is to be used for urban and community forest activities within the area served by the utility. The amount shall be in addition to the customer’s utility bill.
(2) The utility shall pay to the State Forester the amount designated under subsection (1) of this section. The State Forester shall deposit the moneys collected under this section into the Urban and Community Forestry Subaccount established under ORS 526.060.
(3) The State Forester shall use the moneys collected under this section for urban and community forest activities. The State Forester by rule, in consultation with local utilities, shall establish guidelines to distribute moneys collected under this section through the Urban and Community Forestry Assistance Program. The guidelines shall include a requirement that moneys are distributed for energy conservation, by means of tree plantings, care and maintenance.
(4) A utility shall not use more than 16 percent of the moneys collected under this section for administrative expenses. The State Forester shall not use more than 16 percent of the moneys collected under this section for administrative expenses.
(5) As used in this section, "urban and community forest activities" means activities that promote cost-effective energy conservation. These activities may include the planting, managing and maintaining of residential, street and park trees on public and private land. [1993 c.388 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.653 - Alternative program of publicly owned utility.

(1) A publicly owned utility may meet the program submission requirements of ORS 469.651 by submitting only the portions of its residential energy conservation program that are added to or revised in its program approved under section 4, chapter 887, Oregon Laws 1977, in order to make that earlier program fulfill the requirements of ORS 469.651.
(2) A publicly owned utility shall offer a dwelling owner a financing program for cost-effective energy conservation measures that includes the option of a cash payment or a loan unless the publicly owned utility offers another financing program that meets or exceeds the program required in ORS 469.651 (3). A program shall be considered to meet or exceed the program required in ORS 469.651 (3) when it includes a financial incentive to the residential customer with a present value on November 1, 1981, that is equal to or greater than the present value of the larger of:
(a) The loan subsidy pursuant to ORS 469.651 (3)(a)(A); or
(b) The cash payment pursuant to ORS 469.651 (3)(a)(B).
(3) A publicly owned utility whose governing body has adopted an approved residential energy conservation services program under the National Energy Conservation Policy Act (Public Law 95-619, as amended on November 1, 1981) or signed an energy conservation agreement with the Bonneville Power Administration of the United States Department of Energy for a residential weatherization program under section 6(a) of the Pacific Northwest Electric Power Planning and Conservation Act (Public Law 96-501, as adopted December 5, 1980) that meets or exceeds the requirements of ORS 469.651 and 469.657 shall not be required to submit a separate program. However, the provisions of ORS 469.655 and 469.659 nevertheless shall be applicable. [1981 c.778 §14]