Oregon Revised Statutes

Chapter 469 — Energy; Conservation Programs; Energy Facilities

299 sections

469.010 Policy

The Legislative Assembly finds and declares that: Continued growth in demand for nonrenewable energy forms poses a serious and immediate, as well as future, problem. It is essential that future generations not be left a legacy of vanished or depleted resources, resulting in massive environmental, social and financial impact. It is the goal of Oregon to pro…

469.020 Definitions

As used in ORS 176.820, 469.010 to 469.155, 469.860 (3), 469.880 to 469.895, 469.900 (3), 469.990, 469.992, 757.710 and 757.720, unless the context requires otherwise: “Agency” includes a department or other agency of state government, city, county, municipal corporation, political subdivision, port, people’s utility district, joint operating agency and ele…

469.030 State Department of Energy; duties

There is created the State Department of Energy. The State Department of Energy shall: Be the central repository within the state government for the collection of data on energy resources; Endeavor to utilize all public and private sources to inform and educate the public about energy problems and ways in which the public can conserve energy resources; E…

469.040 Director; duties; appointment; rules

The State Department of Energy shall be under the supervision of the Director of the State Department of Energy, who shall: Supervise the day-to-day functions of the State Department of Energy; Supervise and facilitate the work and research on energy facility siting applications at the direction of the Energy Facility Siting Council; Hire, assign, reassig…

469.050 Limitations on subsequent employment of director; sanctions

A person who has been the Director of the State Department of Energy shall not, within two years after the person ceases to be the director, be an employee of: An owner or operator of an energy facility; An applicant for a site certificate; or Any person who engages in the sale or manufacture of any energy resource or of any major component of an energy f…

469.055 Authority of department to require fingerprints

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the State Department of Energy may require the fingerprints of a person who: Is employed or applying for employment by the department; or Provides services or seeks to provide services to the department as a contractor or volunteer; and Is, or will be, working o…

469.059 Biennial comprehensive report; contents; compilation; public comment

No later than November 1 of every even-numbered year, the State Department of Energy shall transmit to the Governor and the Legislative Assembly a comprehensive report on energy resources, policies, trends and forecasts in Oregon. The purposes of the report shall be to inform local, state, regional and federal energy policy development, energy planning and e…

469.060 [1975 c.606 §8; 1983 c.273 §1; 1989 c.466 §1; 1995 c.505 §5; 1995 c.551 §19a; repealed by 2017 c.286 §1]

469.062 Comprehensive state energy strategy; periodic update

The State Department of Energy shall develop a comprehensive state energy strategy that identifies optimized pathways to achieving the state’s energy policy objectives. The state energy strategy must be informed, at a minimum, by the following: Stakeholder perspectives; State laws, policies and targets regarding energy and greenhouse gas emissions; Exist…

469.064 Energy security plan; requirements; fuel storage capacity; report

The State Department of Energy shall develop an energy security plan. The energy security plan must meet the requirements for a state energy security plan described in 42 U.S.C. 6326. To the extent consistent with the requirements of 42 U.S.C. 6326, the energy security plan must align with strategies in the Oregon Fuel Action Plan developed by the departmen…

469.067 Dispatchable standby generation program operated by public utility; annual reporting requirements

A public utility, as defined in ORS 757.005, that operates a dispatchable standby generation program to support grid reliability shall, no later than June 1 of each year, report to the Director of the State Department of Energy the following information related to the operation of generators in the program in the previous calendar year: The aggregated numbe…

469.070 [1975 c.606 §9; 1977 c.794 §3; 1983 c.273 §2; 2003 c.186 §17; repealed by 2017 c.286 §1]

469.080 Energy resource information; subpoena power; depositions; limitations on obtaining information; protection from abuse

The Director of the State Department of Energy may obtain all necessary information from producers, suppliers and consumers of energy resources within Oregon, and from political subdivisions in this state, as necessary to carry out ORS 176.820, 192.338, 192.345, 192.355, 192.690, 469.010 to 469.155, 469.300 to 469.563, 469.990, 469.992, 757.710 and 757.720. …

469.085 Procedure for imposing civil penalties; rules

Except as otherwise provided in this section, civil penalties under ORS 469.992 shall be imposed as provided in ORS 183.745. 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 …

469.090 Confidentiality of information submitted under ORS 469.080

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: The information is proprietary in nature; or The information consists of geological and geophysical information and data, including maps, concerning oil, g…

469.095 [1979 c.561 §9; repealed by 1993 c.475 §3]

469.097 Duty to monitor industry progress in energy conservation

The State Department of Energy shall to the extent permitted by its resources monitor industry progress in achieving energy conservation.

469.100 Agency consideration of legislative policy; agency review of rules

All agencies shall consider the policy stated in ORS 469.010 in adopting or modifying their rules and policies. All agencies shall review their rules and policies to determine their consistency with the policy stated in ORS 469.010.

469.110 Dealings with federal government; intervention by State Department of Energy in agency action

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…

469.120 State Department of Energy Account; appropriation; record of moneys

The State Department of Energy Account is established. 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. Moneys collected under ORS 46…

469.130 [1975 c.606 §47; 1977 c.794 §5; 1977 c.891 §10; 1987 c.879 §16; repealed by 1995 c.551 §21]

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: Current information to business and industry on: State and federal financing mechanisms; Tax advantages of energy conservation investments; and General economic advantages of energy conservation investments. Teaching on conser…

469.137 Biogas and renewable natural gas inventory; contents; use; advisory committee

As used in this section: “Biogas” means gas that is generated from organic waste or other organic materials through anaerobic digestion, gasification, pyrolysis or other technology that converts organic waste to gas. “Renewable natural gas” is biogas that has been processed to be interchangeable with conventional natural gas for the purpose of meeting pipe…

469.140 [1975 c.606 §48; repealed by 1977 c.794 §6]

469.150 Energy suppliers to provide conservation services and information; rules

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 a…

469.155 Advisory energy conservation standards for dwellings; rules

As used in this section: “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. …

469.157 [1981 c.746 §7; repealed by 1995 c.79 §287]

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]

469.161 Single resource for providing information and assistance related to energy efficiency incentives and programs

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. The department shall coordinate information and data exchanges between federal and state agencies,…

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]

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: Funding resources. Technical assistance. Other support that may be av…

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]

469.171 [1999 c.765 §2; renumbered 469B.109 in 2011]

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]

469.175 [1977 c.196 §5; 1979 c.670 §5; 1981 c.894 §6; 1983 c.346 §3; 1987 c.492 §4; repealed by 1989 c.880 §4 (469.176 enacted in lieu of 469.175)]

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]

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]

469.181 Definitions for ORS 469.181 and 469.183

As used in this section and ORS 469.183: “Green electrolytic hydrogen” means hydrogen produced through electrolysis using: A renewable energy source as defined in ORS 469A.005; Nonemitting electricity that is not derived from a fossil fuel; or Electricity that has a carbon intensity that is equal to or less than the average carbon intensity of the electr…

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: 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 t…

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]

469.190 [1979 c.512 §2; renumbered 469B.133 in 2011]

469.195 [1979 c.512 §4; 1985 c.745 §2; 2010 c.76 §6; renumbered 469B.136 in 2011]

469.197 [2007 c.843 §22; 2008 c.29 §1; 2010 c.76 §7; 2011 c.474 §26; renumbered 469B.139 in 2011]

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]

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]

469.206 [1997 c.534 §9; 2001 c.583 §6; 2007 c.843 §19; 2009 c.288 §4; renumbered 469B.148 in 2011]

469.207 [1985 c.745 §9; 1993 c.684 §4; 1995 c.746 §16a; 2001 c.583 §7; renumbered 469B.151 in 2011]

469.208 [1993 c.684 §6; renumbered 469B.154 in 2011]

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]

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]

469.217 [1985 c.745 §8; renumbered 469B.164 in 2011]

469.220 [1979 c.512 §9; 2010 c.76 §13; 2011 c.693 §3; renumbered 469B.167 in 2011]

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]

469.228 [1989 c.926 §1; 1991 c.67 §134; 1991 c.641 §5; 1993 c.617 §1; repealed by 1999 c.880 §2]

ENERGY EFFICIENCY STANDARDS

469.229 Definitions for ORS 469.229 to 469.261

As used in ORS 469.229 to 469.261, unless the context clearly requires otherwise: “À la carte charger” means a battery charger that is individually packaged without batteries, including a multiport charger or a charger with multivoltage capability. “Ballast” means a device used with an electric discharge lamp to obtain necessary circuit conditions for star…

469.230 [1989 c.926 §3; repealed by 1999 c.880 §2]

469.232 [1989 c.926 §§4,10; 1993 c.617 §2; 1997 c.249 §165; 1997 c.632 §9; repealed by 1999 c.880 §2]

469.233 Energy efficiency standards

The following minimum energy efficiency standards for new products are established: Bottle-type water dispensers or water coolers manufactured on or after January 1, 2022, and included in the scope of the United States Environmental Protection Agency’s “Energy Star Program Requirements Product Specification for Water Coolers, Version 2.0,” must have an “on …

469.234 [1989 c.926 §§5,9; 1993 c.617 §4; repealed by 1999 c.880 §2]

469.235 [2007 c.375 §4; repealed by 2021 c.108 §7]

469.236 [1989 c.926 §6; repealed by 1999 c.880 §2]

469.238 Sale of products not meeting standards prohibited; exemptions

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 ch…

469.239 Installation of products not meeting standards prohibited; exemptions

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, h…

469.240 [1989 c.926 §§11,12; repealed by 1999 c.880 §2]

469.241 [1993 c.617 §22; repealed by 1999 c.880 §2]

469.242 [1993 c.617 §20; repealed by 1999 c.880 §2]

469.243 [1993 c.617 §21; repealed by 1999 c.880 §2]

469.244 [1989 c.926 §§16,25; repealed by 1993 c.617 §28]

469.245 [1993 c.617 §19; repealed by 1999 c.880 §2]

469.246 [1989 c.926 §§13,18; 1991 c.67 §135; 1993 c.617 §5; repealed by 1999 c.880 §2]

469.247 [1993 c.617 §16; repealed by 1999 c.880 §2]

469.248 [1989 c.926 §39; 1991 c.67 §136; 1993 c.617 §6; repealed by 1999 c.880 §2]

469.249 [1993 c.617 §18; repealed by 1999 c.880 §2]

469.250 [1989 c.926 §§7,8; 1991 c.67 §137; repealed by 1999 c.880 §2]

469.252 [1989 c.926 §§14,15; repealed by 1993 c.617 §28]

469.253 [1993 c.617 §17; repealed by 1999 c.880 §2]

469.254 [1989 c.926 §19; 1993 c.617 §7; 1997 c.838 §6; repealed by 1999 c.880 §2]

469.255 Manufacturers to test products; test methods; certification of products; rules

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. If the test methods for products requi…

469.256 [1989 c.926 §29; repealed by 1993 c.617 §29]

469.258 [1989 c.926 §20; 1991 c.641 §6; repealed by 1999 c.880 §2]

469.259 [1991 c.641 §2; 1993 c.617 §8; repealed by 1999 c.880 §2]

469.260 [1989 c.926 §21; 1991 c.67 §138; repealed by 1999 c.880 §2]

469.261 Department to review standards; rules; postponement of operative dates of standards; application for waiver of federal preemption

The State Department of Energy shall periodically review the minimum energy efficiency standards specified in ORS 469.233. After the review pursuant to subsection (1) of this section and notwithstanding ORS 469.233, the Director of the State Department of Energy may adopt rules to update the minimum energy efficiency standards specified in ORS 469.233 if th…

469.262 [1989 c.926 §24; repealed by 1999 c.880 §2]

469.267 [1989 c.926 §26; 1993 c.617 §9; repealed by 1999 c.880 §2]

469.269 [1989 c.926 §27; 1993 c.617 §10; repealed by 1999 c.880 §2]

469.270 [1989 c.926 §28; 1991 c.67 §139; repealed by 1993 c.617 §29]

469.274 [1989 c.926 §§31,32; 1991 c.641 §7; 1993 c.617 §11; repealed by 1999 c.880 §2]

ENERGY PERFORMANCE STANDARDS FOR COVERED COMMERCIAL BUILDINGS

469.275 Definitions for ORS 469.275 to 469.291

As used in ORS 469.275 to 469.291: “Agricultural building” means a structure that is used for: Storing, maintaining or repairing farm or forestry machinery and equipment; Raising, harvesting and selling crops or forest products; Feeding, breeding, managing and selling livestock, poultry, fur-bearing animals or honeybees or the produce of livestock, poult…

469.276 [1989 c.926 §33; repealed by 1999 c.880 §2]

469.277 Department adoption of performance standards; enforcement; rules

Not later than December 31, 2024, the State Department of Energy, in consultation with the Department of Consumer and Business Services, shall adopt rules that use the American National Standards Institute’s standards for Energy Efficiency in Existing Buildings (ANSI/ASHRAE/IES Standard 100) as an initial model for specifying an energy performance standard f…

469.278 [1989 c.926 §34; repealed by 1999 c.880 §2]

469.279 Tier 1 buildings report; exemptions; department support program; correction notice; civil penalties

An eligible building owner of a tier 1 building shall report to the State Department of Energy concerning the eligible building owner’s compliance with the energy performance standard described in ORS 469.277. The eligible building owner shall submit the report in accordance with the schedule specified in subsection (4) of this section and shall submit a new…

469.280 [1989 c.926 §35; repealed by 1999 c.880 §2]

469.281 Implementation; enforcement; advisory committee; rules

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: Ensure timely, accurate and complete reporting of compliance with the requirements of ORS 469.275 to 469.279 from all tier 1 buildings; Enable the departme…

469.282 [1989 c.926 §36; repealed by 1999 c.880 §2]

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, …

469.284 [1989 c.926 §37; repealed by 1999 c.880 §2]

469.285 When action to comply not required; incentives for voluntary or early compliance

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: If the eligible building owner owns a tier 2 building; or 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. The department may offer incen…

469.286 [1989 c.926 §38; 1991 c.67 §140; 1993 c.617 §12; repealed by 1999 c.880 §2]

469.287 Tier 2 buildings; requirement and standards for providing data; advisory committee; rules

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. The State Departmen…

469.289 Contracting to administer incentive payments for early compliance

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. The State Department of Energy may cont…

469.290 [1989 c.926 §23; 1991 c.641 §8; 1993 c.617 §13; repealed by 1999 c.880 §2]

469.291 Incentive program for early and voluntary implementation of standards; application process; rules

The State Department of Energy by rule shall establish a program to pay incentives to eligible building owners that implement ANSI/ASHRAE/IES Standard 100 or the energy performance standard described in ORS 469.277 for covered commercial buildings before adoption and implementation is mandatory. The program must provide for: An application process; Standar…

469.292 [1989 c.926 §22; 1991 c.641 §9; repealed by 1999 c.880 §2]

469.296 [1989 c.926 §17; 1993 c.617 §14; repealed by 1999 c.880 §2]

469.298 [1989 c.926 §2; repealed by 1999 c.880 §2]

REGULATION OF ENERGY FACILITIES (General Provisions)

469.300 Definitions

As used in ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992, unless the context requires otherwise: “Applicant” means any person who makes application for a site certificate in the manner provided in ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992. “Application” means a request for approval of a particular site or sites for t…

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, la…

469.320 Site certificate required; exceptions

Except as provided in subsections (2) and (5) of this section, no facility shall be constructed or expanded unless a site certificate has been issued for the site thereof in the manner provided in ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992. No facility shall be constructed or operated except in conformity with the requirements of ORS 469…

469.330 Notice of intent to file application for site certificate; public notice; standards, application requirements and study requirements; project order; rules

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. The council …

469.340 [1975 c.552 §37; 1975 c.606 §26a; repealed by 1981 c.629 §3]

469.350 Application for site certificate; comment and recommendation

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. 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 Environmen…

469.360 Evaluation of notice of intent, site application or expedited review request; costs; payment

The Energy Facility Siting Council shall evaluate each notice of intent, site certificate application or request for expedited review. Pursuant to a written contract or agreement, the council may compensate a state agency or a local government affected by the application for expenses directly related to participation by the compensated agency or local gover…

469.370 Draft proposed order for hearing; issues raised; final order; expedited processing

Based on its review of the application and the comments and recommendations on the application from state agencies and local governments, the State Department of Energy shall prepare and issue a draft proposed order on the application. Following issuance of the draft proposed order, the Energy Facility Siting Council shall hold one or more public hearings o…

469.371 [1985 c.569 §5; 1991 c.480 §6; repealed by 1993 c.544 §9]

469.372 [1985 c.569 §14; 1985 c.673 §196; repealed by 1993 c.544 §9]

469.373 Expedited processing for certain natural gas energy facilities

Notwithstanding the expedited review process established pursuant to ORS 469.370, an applicant may apply under the provisions of this section for expedited review of an application for a site certificate for an energy facility if the energy facility: Is a combustion turbine energy facility fueled by natural gas or is a reciprocating engine fueled by natural…

469.374 [1985 c.569 §15; repealed by 1993 c.544 §9]

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, accom…

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 S…

469.380 [Formerly 453.375; 1977 c.794 §12; 1977 c.895 §2; 1993 c.569 §9; repealed by 1995 c.505 §32]

469.390 [Formerly 453.385; repealed by 1993 c.569 §31]

469.400 [Formerly 453.395; 1977 c.794 §13; 1977 c.895 §3; repealed by 1993 c.569 §10 (469.401 and 469.403 enacted in lieu of 469.400)]

469.401 Energy facility site certificate; conditions; effect of issuance on state and local government agencies

Upon approval, the site certificate or any amended site certificate with any conditions prescribed by the Energy Facility Siting Council shall be executed by the chairperson of the council and by the applicant. The certificate or amended certificate shall authorize the applicant to construct, operate and retire the facility subject to the conditions set fort…

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 o…

469.403 Final order approving or rejecting application for site certificate or amendment; rehearing; appeal; judicial review vested in Supreme Court; stay of order

The Energy Facility Siting Council shall include in all of the council’s final orders approving or rejecting an application for a site certificate or amended site certificate any decisions related to or arising from a contested case on the application. Any party or limited party to a contested case proceeding may apply for rehearing within 30 days from the d…

469.405 Amendment of site certificate; judicial review vested in Supreme Court; exemption; rules

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 may be considered in a contested case proceeding. Notwithstanding ORS 183.482 and 183.484, judicial review of the council’s approval or rejection of a request for an amendment to a site certificate or decisio…

469.407 Amendment of application to increase capacity of facility

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: The facility will satisfy the conditions of the 500-megawatt exemption, unless modified by the council; The enlarged facility does not exceed 500 megawatts and…

469.409 Amendment of site certificate to demonstrate compliance with carbon dioxide emissions standard; binding arbitration to resolve disputes

Any site certificate holder that is required by its site certificate or by law to demonstrate need for the facility shall instead demonstrate compliance with the carbon dioxide emissions standard applicable to the type of facility subject to the site certificate before beginning construction. Such a demonstration shall be made as an amendment to the site cer…

469.410 Energy facility site certificate applications filed or under construction prior to July 2, 1975; conditions of site certificate; monitoring programs

Any applicant for a site certificate for an energy facility shall be deemed to have met all the requirements of ORS 176.820, 192.338, 192.345, 192.355, 192.690, 469.010 to 469.155, 469.300 to 469.563, 469.990, 757.710 and 757.720 relating to eligibility for a site certificate and a site certificate shall be issued by the Energy Facility Siting Council for: …

469.413 Power generation from fossil fuels; requirements for new and amended site certificates

Notwithstanding ORS 469.320 and 469.405, the Energy Facility Siting Council may not: Issue a site certificate for a new generating facility that produces electric power from fossil fuels, including natural gas, petroleum, coal or any form of solid, liquid or gaseous fuel derived from such material, unless the council determines that a new generating facilit…

469.420 [Formerly 453.405; 1977 c.813 §1; 1979 c.234 §1; 1981 c.792 §3; repealed by 1981 c.792 §4 (469.421 enacted in lieu of 469.420)]

469.421 Fees; exemptions; assessment of certain utilities and suppliers; penalty

Subject to the provisions of ORS 469.441, any person submitting a notice of intent, a request for exemption under ORS 469.320, a request for an expedited review under ORS 469.370, a request for an expedited review under ORS 469.373, a request for the State Department of Energy to approve a pipeline under ORS 469.405 (3), an application for a site certificate…

469.424 Energy resource suppliers; notice regarding comments in proceedings; rules

As used in this section, “energy resource supplier” has the meaning given that term in ORS 469.421. If the State Department of Energy submits comments or written or oral testimony in a rulemaking, contested case, ratemaking or other proceeding conducted by another agency, as defined in ORS 183.310, and if the comment or testimony is about a substantive matt…

469.426 Advisory group; energy resource suppliers

The Director of the State Department of Energy shall convene an advisory work group composed of stakeholders representing energy resource suppliers, the customers who ultimately pay for the energy supplier assessment imposed under ORS 469.421 (8) through their energy bills and other groups that have an interest in the provision and regulation of energy in th…

469.430 Site inspections; compliance reviews

The Energy Facility Siting Council has continuing authority over the site for which the site certificate is issued, including but not limited to the authority to: Inspect, or direct the State Department of Energy to inspect, or request another state agency or local government to inspect, the site at any time in order to ensure that the facility is being ope…

469.440 Grounds for revocation or suspension of certificates

Pursuant to the procedures for contested cases in ORS chapter 183, a site certificate or an amended site certificate may be revoked or suspended: For failure to comply with the terms or conditions of the site certificate or amended site certificate; For violation of the provisions of ORS 469.525 to 469.563, 469.590 to 469.619, 469.930 and 469.992 or rules …

469.441 Justification of fees charged; judicial review

All expenses incurred by the Energy Facility Siting Council and the State Department of Energy under ORS 469.360 and 469.421 that are charged to or allocated to the fee paid by an applicant or the holder of a site certificate shall be necessary, just and reasonable. Upon request, the department or the council shall provide a detailed justification for all ch…

469.442 Procedure prior to construction of transmission line in excess of 230,000 volts; review committee

Any person who proposes to construct a transmission line in excess of 230,000 volts capacity that is not otherwise under the jurisdiction of the Energy Facility Siting Council shall: Give public notice of the proposed action at least six months before beginning any process to obtain local permits required for the proposed transmission line. Notification sha…

469.445 [1987 c.200 §3; repealed by 1993 c.569 §31]

(Administration)

469.450 Energy Facility Siting Council; appointment; confirmation; term; restrictions

There is established in the State Department of Energy an Energy Facility Siting Council, consisting of seven public members, who shall be appointed by the Governor, subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565. The term of office of each member is four years, but a member serves at the pleasure of the Governor. …

469.460 Officers; meetings; compensation and expenses

The Energy Facility Siting Council shall annually elect from among its members a chairperson and vice chairperson with such powers and duties as the council imposes in accordance with ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992. The council may meet as often as it requires at a time and place determined by the council. A majority of the m…

469.470 Powers and duties; rules

The Energy Facility Siting Council shall: Conduct and prepare, independently or in cooperation with others, studies, investigations, research and programs relating to all aspects of site selection. In accordance with the applicable provisions of ORS chapter 183, and subject to the provisions of ORS 469.501 (3), adopt standards and rules to perform the func…

469.480 Local government advisory group; special advisory groups; compensation and expenses; Electric and Magnetic Field Committee; rules

The Energy Facility Siting Council shall designate as a special advisory group the governing body of any local government within whose jurisdiction the facility is proposed to be located. In addition to advisory groups required by subsection (1) of this section the council may establish such special advisory groups as are considered necessary. Such advisory…

469.490 Adoption of rules; determination of validity

All rules adopted by the Energy Facility Siting Council pursuant to ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992 shall be adopted in the manner required by ORS chapter 183. The validity of any rule adopted by the council may be determined only upon a petition by any person to the Supreme Court. The petition must be filed within 60 days aft…

469.500 [Formerly 453.505; repealed by 1993 c.569 §21 (469.501, 469.503, 469.505 and 469.507 enacted in lieu of 469.500 and 469.510)]

469.501 Energy facility siting, construction, operation and retirement standards; exemptions; rules

The Energy Facility Siting Council shall adopt standards for the siting, construction, operation and retirement of facilities. The standards may address but need not be limited to the following subjects: The organizational, managerial and technical expertise of the applicant to construct and operate the proposed facility. Seismic hazards. Areas designated…

469.503 Requirements for approval of energy facility site certificate; carbon dioxide emissions standard; offset funds; use of offset funds by qualifying organization; rules

In order to issue a site certificate, the Energy Facility Siting Council shall determine that the preponderance of the evidence on the record supports the following conclusions: The facility complies with the applicable standards adopted by the council pursuant to ORS 469.501 or the overall public benefits of the facility outweigh any adverse effects on a r…

469.504 Facility compliance with statewide planning goals; exception; amendment of local plan and land use regulations; conflicts; technical assistance; rules

A proposed facility shall be found in compliance with the statewide planning goals under ORS 469.503 (4) if: The facility has received local land use approval under the acknowledged comprehensive plan and land use regulations of the affected local government; or The Energy Facility Siting Council determines that: The facility complies with applicable subs…

469.505 Consultation with other agencies

In making a determination regarding compliance with statutes, rules and ordinances administered by another agency or compliance with requirements of ORS 469.300 to 469.563 and 469.590 to 469.619 where another agency has special expertise, consultation with the other agency shall occur during the notice of intent and site certificate application process. Any …

469.507 Monitoring environmental and ecological effects of construction and operation of energy facilities

The site certificate holder shall establish programs for monitoring the environmental and ecological effects of the construction and operation of facilities subject to site certificates to assure continued compliance with the terms and conditions of the certificate. The programs shall be subject to review and approval by the Energy Facility Siting Council. …

469.510 [Formerly 453.515; 1977 c.794 §15; repealed by 1993 c.569 §21 (469.501, 469.503, 469.505 and 469.507 enacted in lieu of 469.500 and 469.510)]

469.520 Cooperation of state governmental bodies; adoption of rules by state agencies on energy facility development

Each state agency and political subdivision in this state that is concerned with energy facilities shall inform the State Department of Energy, promptly of its activities and programs relating to energy and radiation. Each state agency proposing to adopt, amend or rescind a rule relating to energy facility development first shall file a copy of its proposal…

469.525 Prohibitions on radioactive waste disposal, arrangements for disposal, transportation for disposal and disposal facilities; exceptions; rules

Notwithstanding any other provision of this chapter, no radioactive waste shall be disposed of within this state, no person may arrange for disposal of radioactive waste within this state, no person may transport radioactive waste for disposal in this state and no waste disposal facility for any radioactive waste shall be established, operated or licensed wi…

469.530 Review and approval of security programs

The Energy Facility Siting Council and the Director of the State Department of Energy shall review and approve all security programs attendant to a nuclear-fueled thermal power plant, a nuclear installation and the transportation of radioactive material derived from or destined for a nuclear-fueled thermal power plant or a nuclear installation. The council s…

469.533 State Department of Energy rules for health protection and evacuation procedures in nuclear emergency

Notwithstanding ORS chapter 401, the State Department of Energy in cooperation with the Oregon Health Authority and the Oregon Department of Emergency Management shall establish rules for the protection of health and procedures for the evacuation of people and communities who would be affected by radiation in the event of an accident or a catastrophe in the …

469.534 County procedures

Each county in this state that has a nuclear-fueled thermal power plant located within county boundaries and each county within this state that has any portion of its area located within 50 miles of a site within this state of a nuclear-fueled thermal power plant shall develop written procedures that are compatible with the rules adopted by the State Departm…

469.535 Governor may assume control of emergency operations during nuclear accident or catastrophe

Notwithstanding ORS chapter 401, when an emergency exists because of an accident or catastrophe in the operation of a nuclear power plant or nuclear installation or in the transportation of radioactive material, the Governor, for the duration of the emergency, may: Assume complete control of all emergency operations in the area affected by the accident or c…

469.536 Public utility to disseminate information under ORS 469.533

A public utility which operates a nuclear power plant or nuclear installation shall disseminate to the governing bodies of cities and counties that may be affected information approved by the State Department of Energy which explains rules or procedures adopted under ORS 469.533.

469.540 Reductions or curtailment of operations for violation of safety standards; notice; time period for repairs; transport and disposal of radioactive materials

In instances where the Director of the State Department of Energy determines either from the monitoring or surveillance of the director that there is danger of violation of a safety standard adopted under ORS 469.501 from the continued operation of a plant or installation, the director may order temporary reductions or curtailment of operations until such ti…

469.550 Order for halt of plant operations or activities with radioactive material; notice

Whenever in the judgment of the Director of the State Department of Energy from the results of monitoring or surveillance of operation of any nuclear-fueled thermal power plant or nuclear installation or based upon information from the Energy Facility Siting Council there is cause to believe that there is clear and immediate danger to the public health and s…

469.553 Active uranium mill or mill tailings disposal facility site certification required; procedure for review; fees

Any person desiring to construct or operate an active uranium mill or uranium mill tailings disposal facility after June 25, 1979, shall file with the Energy Facility Siting Council a site certificate application. The Energy Facility Siting Council shall review an application for a site certificate under this section using the procedure prescribed in ORS 46…

469.556 Rules governing uranium-related activities

The Energy Facility Siting Council shall adopt rules governing the location, construction and operation of uranium mills and uranium mill tailings disposal facilities and the treatment, storage and disposal of uranium mine overburden for the protection of the public health and safety and the environment.

469.559 Cooperative agreements authorized between council and federal officials and agencies; rules; powers of Governor; exception for inactive or abandoned site

Notwithstanding the authority of the Oregon Health Authority pursuant to ORS 453.605 to 453.800 to regulate radiation sources or the requirements of ORS 469.525, the Energy Facility Siting Council may enter into and carry out cooperative agreements with the Secretary of Energy pursuant to Title I and the Nuclear Regulatory Commission pursuant to Title II of …

469.560 Records; public inspection; confidential information

Except as provided in subsection (2) of this section and ORS 192.338, 192.345 and 192.355, any information filed or submitted pursuant to ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992 shall be made available for public inspection and copying during regular office hours of the State Department of Energy at the expense of any person requestin…

469.561 Property insurance required; exceptions; filing of policy

A person owning and operating a nuclear power plant in this state under a license issued by the United States Nuclear Regulatory Commission or under a site certificate issued under ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992 shall obtain and maintain property insurance in the maximum insurable amount available for each nuclear incident oc…

469.562 Eligible insurers

In order to provide the private insurance specified under ORS 469.561, an insurer must be authorized to provide or transact insurance in this state. An insurer providing property insurance required under ORS 469.561 (1) to (5) may obtain reinsurance as defined in ORS 731.126. (Enforcement)

469.563 Court orders for enforcement

Without prior administrative proceedings, a circuit court may issue such restraining orders, and such temporary and permanent injunctive relief as is necessary to secure compliance with ORS 469.320, 469.405 (3), 469.410, 469.421, 469.430, 469.440, 469.442, 469.507, 469.525 to 469.559, 469.560, 469.561, 469.562, 469.590 to 469.619, 469.930 and 469.992 or with…

469.564 Records or information for enforcement; correction of violation; determination of compliance; costs

The Director of the State Department of Energy or the Energy Facility Siting Council may obtain from any persons all records or information needed to carry out and enforce ORS 469.525, 469.550 (3) and 469.607. In obtaining records or information under this subsection, the director or the council, with the written consent of the Governor, may subpoena witness…

469.565 [1981 c.866 §§3,4; renumbered 469.561 in 1997]

(Oregon Hanford Cleanup Board)

469.566 Legislative findings

The Legislative Assembly finds and declares that Oregon is not assured that the United States Department of Energy will: Consider the unique features of Oregon and the needs of the people of Oregon when assessing the Hanford Nuclear Reservation as a potentially suitable location for the long-term disposal of high-level radioactive waste; or Ensure adequate…

469.567 [1981 c.866 §5; renumbered 469.562 in 1997]

469.568 Construction of ORS 469.566 to 469.583

Nothing in ORS 469.566 to 469.583 shall be interpreted by the federal government or the United States Department of Energy as an expression by the people of Oregon to accept the Hanford Nuclear Reservation as the site for the long-term disposal of high-level radioactive waste. Note: See note under 469.566.

469.569 Definitions for ORS 469.566 to 469.583

As used in ORS 469.566 to 469.583: “Board” means the Oregon Hanford Cleanup Board. “High-level radioactive waste” means fuel or fission products from a commercial nuclear reactor after irradiation that is packaged and prepared for disposal. “United States Department of Energy” means the federal Department of Energy established under 42 U.S.C.A. 7131 or an…

469.570 [Formerly 453.575; 1995 c.505 §23; renumbered 469.563 in 1997]

469.571 Oregon Hanford Cleanup Board; members; appointment

There is created an Oregon Hanford Cleanup Board that shall consist of the following members: The Director of the State Department of Energy or designee; The Water Resources Director or designee; A representative of the Governor; One member representing the Confederated Tribes of the Umatilla Indian Reservation; Ten members of the public, appointed by t…

469.572 Compensation of board members

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. Each public member of the board shall receive compensation and expenses as provide…

469.573 Purpose of Oregon Hanford Cleanup Board

The Oregon Hanford Cleanup Board: 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. Shall recommend a state policy to the Governor and to the Legislative Assembly. After consultation with the Governor, may make policy recommendations on oth…

469.574 Duties of Oregon Hanford Cleanup Board; coordination with Washington

In carrying out its purpose as set forth in ORS 469.573, the Oregon Hanford Cleanup Board shall: Serve as the initial agency in this state to be contacted by the United States Department of Energy or any other federal agency on any matter related to the long-term disposal of high-level radioactive waste and other issues related to the Hanford Nuclear Reserv…

469.575 Duties of chairperson of Oregon Hanford Cleanup Board

The chairperson of the Oregon Hanford Cleanup Board shall: Supervise the day-to-day functions of the board; 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 Request technical assistance from any other state agency. Note: Se…

469.576 Review of Hanford as site selected for long-term disposal of high-level radioactive waste

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 …

469.577 Lead agency; agreements with federal agencies related to long-term disposal of high-level radioactive waste

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 radi…

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 …

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 …

469.580 [1977 c.296 §13; repealed by 1993 c.569 §31]

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. Note: See note under 469.566.

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. Note: See note under 469.566.

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. Note: See note under 469.566. (Federal Site Selection)

469.584 Findings

The Legislative Assembly and the people of the State of Oregon find that: 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. The process of selecting three sites as final candidates, including the Hanford Nucl…

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: Suspend the preliminary site selection process for a high-level nuclear waste repository, including the proces…

469.586 Findings

The Legislative Assembly and the people of the State of Oregon find that: 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. Radioactive waste stored at the Hanford Nuclear Reservation is already leaking into and cont…

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: 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 clean…

469.590 Definitions for ORS 469.590 to 469.595

As used in ORS 469.590 to 469.595: “High-level radioactive waste” means spent nuclear fuel or the radioactive by-products from the reprocessing of spent nuclear fuel. “Spent nuclear fuel” means nuclear fuel rods or assemblies which have been irradiated in a power reactor and subsequently removed from that reactor.

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.

469.594 Storage of high-level radioactive waste after expiration of license prohibited; continuing responsibility for storage; implementation agreements

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. Notwithstanding subsection (1) of this sectio…

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 dispositi…

469.597 Election procedure; elector approval required

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 gen…

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.

469.601 Effect of ORS 469.595 on applications and applicants

ORS 469.595 does not prohibit: 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 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 …

469.603 Intent to regulate transportation of radioactive material

It is the intention of the Legislative Assembly that the state shall regulate the transportation of radioactive material to the full extent allowable under and consistent with federal laws and regulations.

469.605 Permit to transport required; application; delegation of authority to issue permits; fees; rules

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. Such permit shall be issued for a peri…

469.606 Determination of best and safest route

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 U…

469.607 Authority of council; rules

After consultation with the Department of Transportation and other appropriate state, local and federal agencies, the Energy Facility Siting Council by rule: May fix requirements for notification, record keeping, reporting, packaging and emergency response; May designate those routes by highway, railroad, waterway and air where transportation of radioactiv…

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: The type and quantity of material transported; Any mode of transportation used; The route or …

469.611 Emergency preparedness and response program; radiation emergency response team; training

Notwithstanding ORS chapter 401: 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 …

469.613 Records; inspection; rules

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 th…

469.615 Indemnity for claims against state insurance coverage certification; reimbursement for costs incurred in nuclear incident

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. With respect to radioactive materials, the Direc…

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…

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.

469.621 [1981 c.707 §7; repealed by 1993 c.742 §101]

(Offshore Wind Energy) Note: Section 1, chapter 376, Oregon Laws 2021, provides: Sec. 1. Legislative findings about offshore wind energy. (1) The Legislative Assembly finds that: Oregon offshore wind holds tremendous potential and promise for this state to diversify its energy portfolio. Oregon has an opportunity to participate in a growing global market…

469.623 State policy; offshore wind energy; offshore energy

It is the policy of the State of Oregon to support ongoing engagement between offshore wind energy developers and: The Southwestern Oregon Workforce Investment Board; The Oregon International Port of Coos Bay; The Port of Brookings Harbor; The Port of Newport; The Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians, the Coquille Indian Tribe a…

469.626 Rulemaking authority

The Land Conservation and Development Commission may exercise its rulemaking authority under ORS 197.040 to support the state policies described in ORS 469.623. [2024 c.31 §9] Note: See note under 469.623. Note: Sections 3 to 6, chapter 31, Oregon Laws 2024, provide: Sec. 3. Offshore Wind Roadmap; standards; outreach; rules. (1) The Department of Land Con…

469.629 Contract labor standards for offshore wind energy and port development projects; workforce development agreement; use of public moneys; compliance; rules

As used in this section: “Covered project” means: An offshore wind energy project. A port development project necessary for the development of an offshore wind energy project. A project related to manufacturing or supply chain that is located on port property and facilitates the construction, operation or maintenance of an offshore wind energy project. …

469.631 Definitions for ORS 469.631 to 469.645

As used in ORS 469.631 to 469.645: “Cash payment” means a payment made by the investor-owned utility to the dwelling owner or to the contractor on behalf of the dwelling owner for energy conservation measures. “Commercial lending institution” means any bank, mortgage banking company, trust company, savings bank, savings and loan association, credit union, …

469.633 Investor-owned utility program

Each investor-owned utility shall have an approved residential energy conservation program that, to the Public Utility Commission’s satisfaction: Makes available to all residential customers of the utility information about: Energy conservation measures; and Energy conservation measure financing available to dwelling owners. Provides within 60 days of a …

469.634 Contributions for urban and community forest activities by customers of investor-owned utilities; rules; uses

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 u…

469.635 Alternative program of investor-owned utilities

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. An investor-ow…

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 con…

469.637 Energy conservation part of utility service of investor-owned utility

The provision of energy conservation measures to a dwelling shall be considered part of the utility service rendered by the investor-owned utility.

469.639 Billing for energy conservation measures

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 purs…

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: The measures were provided in the dwelling on or after November 1, 1981; and The measures will not be paid for with other investor-owned utility grants or loans.

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: The cost to the investor-owned utility of the services required to be provided under ORS 469.633; and Any bad debts, including casualty losses, attributable to dwelling owner default on a loan for energy conservation mea…

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. (Publicly Owned Utilities)

469.649 Definitions for ORS 469.649 to 469.659

As used in ORS 469.649 to 469.659: “Cash payment” means a payment made by the publicly owned utility to the dwelling owner or to the contractor on behalf of the dwelling owner for energy conservation measures. “Commercial lending institution” means any bank, mortgage banking company, trust company, savings bank, savings and loan association, credit union, …

469.651 Publicly owned utility program

Within 30 days after November 1, 1981, each publicly owned utility shall submit to the Director of the State Department of Energy a residential energy conservation program that: Makes available to all residential customers of the utility information about: Energy conservation measures; and Energy conservation measure financing available to dwelling owners…

469.652 Contributions for urban and community forest activities by customers of publicly owned utilities; rules; uses

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. The utility shall pay to the State Forester the amount designate…

469.653 Alternative program of publicly owned utility

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. A publicly owne…

469.655 Energy conservation as part of utility service of publicly owned utility

The provision of energy conservation measures to a dwelling shall be considered part of the utility service rendered by the publicly owned utility.

469.657 Conditions for cash payments to dwelling owner by publicly owned utility

Except as provided in section 31, chapter 778, Oregon Laws 1981, a publicly owned utility shall not make a cash payment to a dwelling owner for energy conservation measures unless: The measures were provided in the dwelling on or after November 1, 1981. The measures will not be paid for with other publicly owned utility grants or loans.

469.659 Implementation of program by publicly owned utility

After the publicly owned utility has submitted to the Director of the State Department of Energy the residential energy conservation program required by ORS 469.651, the publicly owned utility promptly shall implement that program.

469.673 [1981 c.778 §16; 1987 c.749 §8; 1989 c.648 §68; 1995 c.551 §15; 2003 c.186 §43; 2017 c.727 §9; renumbered 456.594 in 2017]

469.675 [1981 c.778 §17; repealed by 2017 c.727 §8]

469.677 [1981 c.778 §18; 2003 c.186 §44; repealed by 2017 c.727 §8]

469.679 [1981 c.778 §19; repealed by 2017 c.727 §8]

469.681 [1981 c.778 §23; 1983 c.273 §3; 1987 c.450 §3; 1989 c.88 §6; 1993 c.434 §1; 1993 c.569 §29; 1995 c.79 §289; 2003 c.186 §45; 2009 c.11 §68; 2017 c.727 §10; renumbered 456.595 in 2017]

469.683 [1981 c.778 §§24,25; 1989 c.966 §55; 1993 c.434 §2; 2003 c.186 §46; 2017 c.727 §11; renumbered 456.597 in 2017]

(Miscellaneous)

469.685 Use of earlier energy audit

A dwelling owner served by an investor-owned utility, as defined in ORS 469.631, or a publicly owned utility, as defined in ORS 469.649, who applies for financing under the provisions of ORS 316.744, 317.386, 456.594 to 456.599 and 469.631 to 469.687, may use without obtaining a new energy audit an energy audit obtained from an energy supplier under chapter …

469.687 Title for ORS 456.594 to 456.599 and 469.631 to 469.687

ORS 316.744, 317.386, 456.594 to 456.599 and 469.631 to 469.687 shall be known as the Oregon Residential Energy Conservation Act. ENERGY CONSERVATION PROGRAMS (Single Family Residence)

469.700 Energy efficiency ratings; public information; “single family residence” defined

The Residential and Manufactured Structures Board or the Construction Industry Energy Board, after public hearing and subject to the approval of the Director of the Department of Consumer and Business Services, shall adopt a recommended voluntary energy efficiency rating system for single family residences and provide the State Department of Energy with a co…

469.703 Home energy performance score system; home energy assessors; reports; database; rules

As used in this section: “Home energy assessor” has the meaning given that term in ORS 701.527. “Home energy audit” means the evaluation or testing of components or systems in a residential building for the purpose of identifying options for increasing energy conservation and energy efficiency. “Home energy performance score” has the meaning given that te…

469.710 Definitions for ORS 469.710 to 469.720

As used in ORS 469.710 to 469.720, unless the context requires otherwise: “Annual rate” means the yearly interest rate specified on the note, and is not the annual percentage rate, if any, disclosed to the applicant to comply with the federal Truth in Lending Act. “Commercial lending institution” means any bank, mortgage banking company, trust company, sav…

469.715 Low interest loans for cost-effective energy conservation; rate

Dwelling owners who are or who rent to residential fuel oil customers, or who are or who rent to wood heating residents, shall be eligible for low-interest loans for cost-effective energy conservation measures through commercial lending institutions. The annual rate shall not exceed six and one-half percent annually for loans provided by commercial lending …

469.717 When installation to be completed

Installation of the energy conservation measures must be completed within 90 days after receipt of loan funds. The State Department of Energy may provide an inspection at the owner’s request. Notwithstanding the provisions of subsection (1) of this section, the department may inspect installation of energy conservation measures to verify that all loan or ot…

469.719 Eligibility of lender for tax credit not affected by owner’s failure

Eligibility of the lender for any tax credit under ORS 317.112 shall not be affected by any dwelling owner’s failure to use the loan for qualifying energy conservation measures.

469.720 Energy audit required; permission to inspect required; owner not to receive other incentives

A dwelling owner who is or who rents to a residential fuel oil customer, or who is or who rents to a wood heating resident, may not apply for low-interest financing under ORS 469.710 to 469.720 unless: The dwelling owner, customer or resident has first requested and obtained an energy audit from a fuel oil dealer, a publicly owned utility or an investor-own…

469.730 Declaration of purpose

It is the purpose of ORS 469.730 to 469.745 to promote voluntary measures to conserve energy in public buildings or groups of buildings constructed prior to January 1, 1978, through the adoption of energy conservation standards.

469.735 Definitions for ORS 469.730 to 469.745

As used in ORS 469.730 to 469.745, unless the context requires otherwise: “Department” means the Department of Consumer and Business Services. “Director” means the Director of the Department of Consumer and Business Services. “Public building” means any publicly or privately owned building constructed prior to January 1, 1978, including the outdoor areas …

469.740 Rules establishing energy conservation standards for public buildings; bases

In accordance with ORS chapter 183 and after consultation with the Building Codes Structures Board or with the Construction Industry Energy Board, the Director of the Department of Consumer and Business Services shall adopt rules establishing energy conservation standards for public buildings. The standards shall provide means of measuring and reducing total…

469.745 Voluntary compliance program

To provide the public with a guide for energy conservation, the Director of the State Department of Energy shall adopt a program for voluntary compliance by the public with the standard adopted by the Director of the Department of Consumer and Business Services under ORS 469.740.

469.748 State agencies to conduct assessments of energy use and greenhouse gas emissions of state-owned buildings; planning targets in capital projects; state agency reporting

As used in this section, “state agency” has the meaning given that term in ORS 278.005. The Oregon Department of Administrative Services, in cooperation with the State Department of Energy, shall develop a methodology and work plan for state agencies to implement a comprehensive assessment of energy use and greenhouse gas emissions of state-owned buildings.…

469.750 State purchase of alternative fuels

Any state agency, board, commission, department or division that is authorized to purchase or otherwise acquire fuel for the systems providing heating, air conditioning, lighting and the supply of domestic hot water for public buildings and grounds may enter into long-term contracts for the purchase of alternative fuels. Such contracts may be for terms not l…

469.752 Definitions for ORS 469.752 to 469.756

As used in ORS 469.752 to 469.756, unless the context requires otherwise: “Project” means a state agency’s improvement of the efficiency of energy use through conservation, development of cogeneration facilities or use of renewable resources. “Project” does not include a plan of a state agency to improve the efficiency of energy use in a state rented facili…

469.754 Authority of state agencies to establish projects; use of savings

State agencies may enter into such contractual and other arrangements as are necessary or convenient to design, develop, operate and finance projects on-site at state owned or state rented facilities. For as long as a project established under ORS 469.752 to 469.756 produces savings: A state agency’s budget may not be cut because of savings due to the proj…

469.756 Rules; technical assistance; evaluations

The State Department of Energy in consultation with other state agencies and utilities shall adopt rules, guidelines and procedures that are necessary to establish savings for projects and to implement other provisions of ORS 469.752 to 469.756. The department may enter into agreements under ORS chapter 190 with state agencies to provide technical assistance…

469.760 Legislative findings; state goals related to adoption and use of heat pump technologies

The Legislative Assembly finds that: Energy consumption in residential and commercial buildings accounted for 34 percent of annual greenhouse gas emissions in this state in 2021, according to the Department of Environmental Quality; Space and water heating account for 64 percent of an average residential building’s energy use; Heat pumps provide both heat…

469.763 Definitions related to designated state agency programs

As used in this section and ORS 469.766 and 469.769: “Designated state agency program” means a program related to the promotion, implementation, incentivization or regulation of energy efficiency in buildings carried out by any of the following state agencies, as determined by the agency by rule or other action: The State Department of Energy; The Housing…

469.766 Biennial report on adoption of heat pump technologies in this state

The State Department of Energy shall submit to the Governor and an interim committee of the Legislative Assembly related to the environment not later than September 15 of each odd-numbered year, beginning in 2025, a report that evaluates the rate of adoption of heat pump technologies among residents of this state and progress the state is making in achieving…

469.769 Program to reduce barriers to home energy efficiency and resilience

The State Department of Energy shall collaborate with other state agencies described in ORS 469.763 (1)(a) to reduce financial and nonfinancial barriers to home energy efficiency and resilience by: Providing initial and continuing technical assistance and training in order to build capacity in developers, builders, community-based organizations, homeowners …

469.772 Energy Efficient Technologies Information and Training Fund

The Energy Efficient Technologies Information and Training Fund is established in the State Treasury, separate and distinct from the General Fund. Interest that the Energy Efficient Technologies Information and Training Fund earns must be credited to the fund. Moneys in the fund may be invested and reinvested as provided in ORS 293.701 to 293.857. Moneys i…

469.785 [2007 c.739 §31; renumbered 469B.400 in 2011]

469.790 [2007 c.739 §5; 2011 c.730 §3; renumbered 469B.403 in 2011]

469.800 [1981 c.49 §1; renumbered 469.803 in 1999]

PACIFIC NORTHWEST ELECTRIC POWER AND CONSERVATION PLANNING COUNCIL

469.802 Definition for ORS 469.802 to 469.845

As used in ORS 469.802 to 469.845, “council” means the Pacific Northwest Electric Power and Conservation Planning Council.

469.803 Oregon participation in Pacific Northwest Electric Power and Conservation Planning Council

The State of Oregon agrees to participate in the formation of the Pacific Northwest Electric Power and Conservation Planning Council pursuant to the Pacific Northwest Electric Power Planning and Conservation Act of 1980, Public Law 96-501. Participation of the State of Oregon in the council is essential to assure adequate representation for the citizens of O…

469.805 State members of council; confirmation; qualifications

The Governor, subject to Senate confirmation pursuant to section 4, Article III of the Oregon Constitution, shall appoint two persons to serve as members of the Pacific Northwest Electric Power and Conservation Planning Council for terms of three years. In making the appointments under subsection (1) of this section, the Governor shall consider but is not l…

469.810 Conflicts of interest prohibited

A Pacific Northwest Electric Power and Conservation Planning Council member or member of the council member’s household may not own or have any beneficial interest in any stock or indebtedness of any utility or direct service industry. A council member or a member of the council member’s household may not be a director, officer, agent or employee of any uti…

469.815 Status of members; duties; attendance at public meetings; technical assistance

Persons appointed by the Governor and confirmed by the Senate to serve as Pacific Northwest Electric Power and Conservation Planning Council members shall be considered to be full-time state public officials. Council members shall perform the duties of members of the council as specified in Public Law 96-501, consistently with the priorities contained in sec…

469.820 Term; reappointment; vacancy

Each Pacific Northwest Electric Power and Conservation Planning Council member shall serve a term ending January 15 of the third year following appointment. A council member, except upon removal as provided in ORS 469.830 (2), continues to serve as a member of the council until a successor is appointed and confirmed. A council member is eligible for reappoi…

469.825 Prohibited activities of members

A person who has been a Pacific Northwest Electric Power and Conservation Planning Council member shall not engage in any of the activities prohibited by ORS 469.810 (2) and (3), within one year after ceasing to be a council member. A person who has been a council member shall not appear as a representative of any party on any matter before the council with…

469.830 Removal of members; grounds; procedure

Pacific Northwest Electric Power and Conservation Planning Council members shall serve at the pleasure of the Governor, except as provided in subsection (2) of this section. The Governor shall remove a council member for the following causes: Failure to attend three consecutive council meetings except for good cause. Conviction of a felony. Violation of …

469.835 Salary of members; staff

Each Pacific Northwest Electric Power and Conservation Planning Council member shall receive a salary not to exceed the salary of a member of the Public Utility Commission, or the maximum salary authorized under section 4(a)(3) of Public Law 96-501. Each council member is entitled to appoint one secretarial staff assistant who shall be in the unclassified s…

469.840 Northwest Regional Power and Conservation Account; uses

There is established a Northwest Regional Power and Conservation Account. Moneys received pursuant to Public Law 96-501 shall be placed in the account. The account created by subsection (1) of this section is continuously appropriated for disbursement to state agencies, including but not limited to the Public Utility Commission, the State Department of Ener…

469.845 Annual report to Governor and legislature

Pacific Northwest Electric Power and Conservation Planning Council members shall prepare a report which shall be presented to the Governor and to the President of the Senate and the Speaker of the House of Representatives of the Legislative Assembly on October 1 of each year. The report shall include a review of the council’s actions during the prior year. …

469.860 Definitions for ORS 469.860 to 469.900

As used in ORS 469.865 to 469.875, 469.900 (1) and (2) and subsection (2) of this section: “Commercial building” means a public building as defined in ORS 455.560. “Commission” means the Public Utility Commission. “Conservation services” means providing energy audits or technical assistance for energy conservation measures as part of a program approved un…

469.863 Gas utility to adopt commercial energy audit program; rules

Within 365 days after November 1, 1981, the Public Utility Commission shall adopt rules governing energy conservation programs provided by gas utilities under this section and may provide for coordination among electric utilities and gas utilities that serve the same commercial building. Within 180 days after the effective date of the rules adopted by the c…

469.865 Electric utility to adopt commercial energy conservation services program

Within 180 days after the adoption of the rules by the Public Utility Commission under section 2, chapter 708, Oregon Laws 1981, each electric utility shall present for the commission’s approval a commercial energy conservation services program which shall, to the commission’s satisfaction: Make information about energy conservation available to any commerc…

469.870 Application of ORS 469.865, 469.870 and 469.900 (1) to electric utility

ORS 469.865, 469.900 (1) and this section shall not apply to an electric utility if the Public Utility Commission determines that its existing commercial energy conservation services program meets or exceeds the requirements of those sections.

469.875 Fee for gas utility audit

The Public Utility Commission shall determine whether the gas utility may charge a reasonable fee to the customer for the energy audit service and, if so, the fee amount.

469.878 [1991 c.711 §6; 1993 c.18 §123; 1995 c.746 §18a; 1999 c.623 §8; 1999 c.765 §6; renumbered 469B.171 in 2011]

469.880 Energy audit program; rules

Each publicly owned utility serving Oregon shall, either independently or as part of an association, provide an energy audit program for its commercial customers. The Director of the State Department of Energy shall adopt rules governing the commercial energy audit program established under this section and may provide for coordination among electric utiliti…

469.885 Publicly owned utility to adopt commercial energy audit program; fee

Within 180 days after the adoption of rules by the Director of the State Department of Energy under ORS 469.880, each publicly owned utility shall present for the director’s approval a commercial energy audit program that shall, to the director’s satisfaction: Make information about energy conservation available to any commercial building customer of the pu…

469.890 Publicly owned utility to adopt commercial energy conservation program; fees; rules

Within 365 days after November 1, 1981, the Director of the State Department of Energy shall adopt rules governing energy conservation programs prescribed by ORS 469.895 and 469.900 (3) and this section and may provide for coordination among electric utilities and gas utilities that serve the same commercial building. Within 180 days of the adoption of rules…

469.895 Application of ORS 469.890 to 469.900 to publicly owned utility

ORS 469.890 and 469.900 (3) and this section apply in any calendar year to a publicly owned utility only if during the second preceding calendar year sales of electric energy by the publicly owned utility for purposes other than resale exceeded 750 million kilowatt-hours. For the purpose of ORS 469.890 and 469.900 (3) and this section, a publicly owned utili…

469.900 Duty of commission to avoid conflict with federal requirements

The Public Utility Commission shall insure that each electric utility’s commercial energy conservation services program does not conflict with federal statutes and regulations applicable to electric utilities and energy conservation in commercial buildings. The commission shall insure that each gas utility’s commercial energy conservation services program d…

469.930 Northwest Interstate Compact on Low-Level Radioactive Waste Management

The Northwest Interstate Compact on Low-Level Radioactive Waste Management is enacted into law by the State of Oregon and entered into with all other jurisdictions lawfully joining therein in a form as provided for as follows: ______________________________________________________________________________ ARTICLE I Policy and Purpose The party states reco…

469.935 [1981 c.497 §3; repealed by 1997 c.632 §14]

POWER COSTS AND RATES

469.950 Authority to enter into interstate cooperative agreements to control power costs and rates; Bonneville Power Administration

The State of Oregon shall pursue and may enter into an interstate cooperative agreement with the states of Washington, Idaho and Montana for the purpose of making collective efforts to control Bonneville Power Administration wholesale power costs and rates by studying and developing a region-wide response to: Federal attempts to increase arbitrarily the int…

469.960 [2013 c.774 §1; 2014 c.38 §1; repealed by 2017 c.725 §22]

469.961 [2013 c.774 §2; repealed by 2017 c.725 §22]

469.962 [2013 c.774 §3; 2014 c.38 §2; repealed by 2017 c.725 §22]

469.963 [2013 c.774 §4; 2014 c.38 §3; repealed by 2017 c.725 §22]

469.964 [2013 c.774 §5; 2014 c.38 §4; repealed by 2017 c.725 §22]

469.965 [2013 c.774 §6; 2014 c.38 §5; repealed by 2017 c.725 §22]

469.966 [2013 c.774 §7; 2014 c.38 §6; repealed by 2017 c.725 §22]

PENALTIES

469.990 Penalties

In addition to any penalties under subsection (2) of this section, a person who discloses confidential information in violation of ORS 469.090, willfully or with criminal negligence, as defined by ORS 161.085, may be subject to removal from office or immediate dismissal from public employment. Willful disclosure of confidential information in violation of O…

469.991 [1989 c.926 §40; 1991 c.67 §142; repealed by 1999 c.880 §2]

469.992 Civil penalties

The Director of the State Department of Energy or the Energy Facility Siting Council may impose civil penalties for violation of ORS 469.300 to 469.619 and 469.930, for violations of rules adopted under ORS 469.300 to 469.619 and 469.930, for violation of any site certificate or amended site certificate issued under ORS 469.300 to 469.601 or for violation of…

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

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