71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to B-Eng. HB 3788
LC 3717/HB 3788-B27
SENATE AMENDMENTS TO
B-ENGROSSED HOUSE BILL 3788
By COMMITTEE ON PUBLIC AFFAIRS
June 18
On page 1 of the printed B-engrossed bill, line 2, after '
279.729,' insert '447.010, 447.020,'.
On page 10, delete lines 17 and 18 and insert 'stayed and
review by the Supreme Court is limited to the record made by the
council.'.
On page 11, delete lines 16 through 45 and insert:
' { + SECTION 8. + } ORS 469.320, as amended by section 7 of
this 2001 Act, is amended to read:
' 469.320. (1) 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 469.300 to
469.563, 469.590 to 469.619, 469.930 and 469.992.
' (2) No site certificate shall be required for:
' (a) An energy facility for which no site certificate has been
issued that, on August 2, 1993, had operable electric generating
equipment for a modification that uses the same fuel type and
increases electric generating capacity, if:
' (A) The site is not enlarged; and
' (B) The ability of the energy facility to use fuel for
electricity production under peak steady state operating
conditions is not more than 200 million Btu per hour greater than
it was on August 2, 1993, or the energy facility expansion is
called for in the short-term plan of action of an energy resource
plan that has been acknowledged by the Public Utility Commission
of Oregon.
' (b) Construction or expansion of any interstate natural gas
pipeline or associated underground natural gas storage facility
authorized by and subject to the continuing regulation of the
Federal Energy Regulatory Commission or successor agency.
' (c) An energy facility, except coal and nuclear power plants,
if the energy facility:
' (A) Sequentially produces electrical energy and useful
thermal energy from the same fuel source; and
' (B) Under normal operating conditions, has a useful thermal
energy output of no less than 33 percent of the total energy
output or the fuel chargeable to power heat rate value is not
greater than 6,000 Btu per kilowatt hour.
' (d) Temporary storage, at the site of a nuclear-fueled
thermal power plant for which a site certificate has been issued
by the State of Oregon, of radioactive waste from the plant.
' (e) An energy facility as defined in ORS 469.300 (9)(a)(G),
if the plant also produces a secondary fuel used on site for the
production of heat or electricity, if the output of the primary
fuel is less than six billion Btu of heat a day.
' (f) An energy facility as defined in ORS 469.300 (9)(a)(G),
if the facility:
' (A) Uses biomass exclusively from grain, whey or potatoes as
the source of material for conversion to a liquid fuel;
' (B) Has received local land use approval under the applicable
acknowledged comprehensive plan and land use regulations of the
affected local government and the facility complies with any
statewide planning goals or rules of the Land Conservation and
Development Commission that are directly applicable to the
facility;
' (C) Requires no new electric transmission lines or gas or
petroleum product pipelines that would require a site certificate
under subsection (1) of this section; and
' (D) Produces synthetic fuel, at least 90 percent of which is
used in an industrial or refueling facility located within one
mile of the facility or is transported from the facility by rail
or barge.
' { - (g) A temporary energy generating facility, if the
facility complies with all applicable carbon dioxide emissions
standards adopted by the Energy Facility Siting Council or
enacted by statute and the applicant agrees to provide funds to a
qualified organization in an amount determined by the council to
be sufficient to produce any required reductions in carbon
dioxide as specified in ORS 469.501. To support the council's
finding that the facility complies with all applicable carbon
dioxide emissions standards, the applicant shall provide proof
acceptable to the council that shows the contracted nominal
electric generating capacity of the facility and the contracted
heat rate in higher heating value. The applicant shall pay the
funds to the qualified organization before commencing
construction on the temporary facility. The amount of the carbon
dioxide offset funds for a temporary facility shall be subject to
adjustment as provided in subsection (7)(c) of this section. - }
' { - (h) - } { + (g) + } A standby generation facility, if
the facility complies with all of the following:
' (A) The facility has received local land use approval under
the applicable acknowledged comprehensive plan and land use
regulations of the affected local government and the facility
complies with all statewide planning goals and applicable rules
of the Land Conservation and Development Commission;
' (B) The standby generators have been approved by the
Department of Environmental Quality as having complied with all
applicable air and water quality requirements. For an applicant
that proposes to provide the physical facilities for the
installation of standby generators, the requirement of this
subparagraph may be met by agreeing to require such a term in the
lease contract for the facility; and
' (C) The standby generators are electrically incapable of
being interconnected to the transmission grid. For an applicant
that proposes to provide the physical facilities for the
installation of standby generators, the requirement of this
subparagraph may be met by agreeing to require such a term in the
lease contract for the facility.
' (3) The Energy Facility Siting Council may review, and if
necessary, revise the fuel chargeable to power heat rate value
set forth in subsection (2)(c)(B) of this section. In making its
determination, the council shall ensure that the fuel chargeable
to power heat rate value for facilities set forth in subsection
(2)(c)(B) of this section remains significantly lower than the
fuel chargeable to power heat rate value for the best available,
commercially viable thermal power plant technology at the time of
the revision.
' (4) Any person who proposes to construct or enlarge an energy
facility and who claims an exemption under subsection (2)(a),
(c), (f) or { - (h) - } { + (g) + } of this section from the
requirement to obtain a site certificate shall request the Energy
Facility Siting Council to determine whether the proposed
facility qualifies for the claimed exemption. The council shall
make its determination within 60 days after the request for
exemption is filed. An appeal from the council's determination on
a request for exemption shall be made under ORS 469.403, except
that the scope of review by the Supreme Court shall be the same
as a review by a circuit court under ORS 183.484. The record on
review by the Supreme Court shall be the record established in
the council proceeding on the exemption.
' (5) Notwithstanding subsection (1) of this section, a
separate site certificate shall not be required for:
' (a) Transmission lines, storage facilities, pipelines or
similar related or supporting facilities, if such related or
supporting facilities are addressed in and are subject to a site
certificate for another energy facility;
' (b) Expansion within the site or within the energy generation
area of a facility for which a site certificate has been issued,
if the existing site certificate has been amended to authorize
expansion; or
' (c) Expansion, either within the site or outside the site, of
an existing council certified surface facility related to an
underground gas storage reservoir, if the existing site
certificate is amended to authorize expansion.
' (6) If the substantial loss of the steam host causes a
facility exempt under subsection (2)(c) of this section to
substantially fail to meet the exemption requirements under
subsection (2)(c) of this section, the electric generating
facility shall cease to operate one year after the substantial
loss of the steam host unless an application for a site
certificate has been filed in accordance with the provisions of
ORS 469.300 to 469.563.
' { - (7)(a) Any person who proposes to construct or enlarge a
temporary energy generating facility and who claims an exemption
under subsection (2)(g) of this section from the requirement to
obtain a site certificate shall request the Energy Facility
Siting Council to determine whether the proposed facility
qualifies for the claimed exemption. The council shall make its
determination within 30 days of receiving all of the information
necessary to support the determination. Such exemption shall
provide that the applicant may not begin construction of the
temporary energy generating facility until the facility has
received the required local land use approval under the
applicable acknowledged comprehensive plan and land use
regulations of the affected local government and the facility
complies with all statewide planning goals and applicable rules
of the Land Conservation and Development Commission. The
exemption shall also require that the temporary energy generating
facility cease operation no later than 24 months after the date
of first commercial operation or January 2, 2006, whichever is
earlier. An appeal from the council's determination on a request
for exemption shall be made under ORS 469.403, except that the
order may not be stayed and review by the Supreme Court is
limited to the record made by the council. - }
' { - (b) The council may not grant an exemption for a
temporary energy generating facility pursuant to subsection
(2)(g) of this section after July 1, 2003. - }
' { - (c) Within 30 days of ceasing operation of a temporary
energy generating facility, the applicant shall report the total
actual fuel used during commercial operation of the temporary
energy generating facility. Based on the total actual fuel used
during commercial operation, the council shall determine whether
additional offset funds, as defined in ORS 469.503, and
contracting and selection funds are owed to the qualified
organization. If the council determines that additional offset
funds are owed to the qualified organization, the applicant shall
pay such amounts within 60 days of the council's order
determining the amount of additional funds. - }
' { - (d) Notwithstanding the provisions of paragraph (a) of
this subsection that require a temporary energy generating
facility granted an exemption pursuant to subsection (2)(g) of
this section to cease operation within 24 months of first
commercial operation, if the owner of a temporary energy
generating facility submits an application for a site certificate
prior to the last day of the period constituting the exemption or
January 1, 2005, whichever date is earlier, the council shall
extend the period constituting the exemption and shall allow the
temporary energy generating facility to continue operation until
the council concludes its review of the site certificate
application. The council may specify a date by which the
application must be completed. If the application is not
completed by the date specified by the council, or is rejected by
the council, the energy facility shall cease operation on the
specified date. An energy facility operating pursuant to this
paragraph shall cease operation if the applicant for the site
certificate suspends the application. - }
' { - (8) - } { + (7) + } As used in this section:
' (a) 'Standby generation facility' means an electric power
generating facility, including standby generators and the
physical structures necessary to install and connect standby
generators, that provides temporary electric power in the event
of a power outage and that is electrically incapable of being
interconnected with the transmission grid.
' { - (b) 'Temporary energy generating facility' means an
electric power generating facility, including a thermal power
plant and a combustion turbine power plant, but not including a
hydropower plant, with a nominal electric generating capacity of
no more than 100 megawatts that is operated for no more than 24
months from the date of initial commercial operation. - }
' { - (c) - } { + (b) + } 'Total energy output' means the
sum of useful thermal energy output and useful electrical energy
output.
' { - (d) - } { + (c) + } 'Useful thermal energy' means the
verifiable thermal energy used in any viable industrial or
commercial process, heating or cooling application.
' { - (9) - } { + (8) + } Notwithstanding the definition of
'energy facility' in ORS 469.300 (10)(a)(J), an electric power
generating plant with an average electric generating capacity of
less than 35 megawatts produced from wind energy at a single
energy facility or within a single energy generation area may
elect to obtain a site certificate in the manner provided in ORS
469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992. An
election to obtain a site certificate under this subsection shall
be final upon submission of an application for a site
certificate.'.
Delete pages 12 and 13.
On page 14, delete lines 1 through 27.
On page 16, after line 33, insert:
' (7) The following periods of delay shall be excluded from the
six-month period within which the court must render a decision
under subsection (6) of this section:
' (a) Any period of delay resulting from a motion properly
before the court; or
' (b) Any reasonable period of delay resulting from a
continuance granted by the court on the court's own motion or at
the request of one of the parties, if the court granted the
continuance on the basis of findings that the ends of justice
served by granting the continuance outweigh the best interests of
the public and the other parties in having a decision within six
months.
' (8) No period of delay resulting from a continuance granted
by the Supreme Court under subsection (7)(b) of this section
shall be excluded from the six-month period unless the court sets
forth, in the record, either orally or in writing, its reasons
for finding that the ends of justice served by granting the
continuance outweigh the best interests of the public and the
other parties in having a decision within six months. The factors
the court shall consider in determining whether to grant a
continuance under subsection (7)(b) of this section are:
' (a) Whether the failure to grant a continuance in the
proceeding would be likely to make a continuation of the
proceeding impossible or result in a miscarriage of justice; or
' (b) Whether the case is so unusual or so complex, due to the
number of parties involved or the existence of novel questions of
fact or law, that it is unreasonable to expect adequate
consideration of the issues within the six-month period.
' (9) No continuance under subsection (7)(b) of this section
shall be granted because of general congestion of the court
calendar or lack of diligent preparation or attention to the case
by any member of the court or any party.'.
On page 25, delete lines 8 through 32 and insert:
' { + SECTION 21. + } { + (1) Notwithstanding any other
provision of this chapter, a customer of a public utility that
entered into a contract with the public utility before the
effective date of this 2001 Act, and that under the terms of the
contract is not paying for electricity based on a market index
price on the effective date of this 2001 Act, but would be
required, on or after October 1, 2001, to pay for electricity
based on a market index price for wholesale power or a
market-based rate for a specific time period, may elect to pay
for electricity from the public utility pursuant to the terms of
any tariff rate that the public utility offers to other customers
who have similar load characteristics.
' (2) An election under this section may be made only for the
period beginning on January 1, 2002, and ending on December 31,
2003.
' (3) The provisions of this section do not apply to customers
of a municipal electric utility, a people's utility district or
an electric cooperative. + }
' { + SECTION 22. + } { + (1) Notwithstanding ORS 447.020, a
person may not engage in the trade of installing solar heating
and cooling systems unless the person possesses either a
certificate of competency as a journeyman plumber issued under
ORS chapter 693 or a specialty registration issued by the State
Plumbing Board under section 23 of this 2001 Act.
' (2) A specialty registration issued under section 23 of this
2001 Act does not authorize a person to connect a solar heating
and cooling system to a potable water source. The connection of a
solar heating and cooling system to a potable water source must
be made only by a journeyman plumber possessing a certificate of
competency issued under ORS chapter 693. + }
' { + SECTION 23. + } { + The State Plumbing Board shall:
' (1) Establish education, training and other standards for
persons seeking a specialty registration as a solar heating and
cooling system installer. The board may administer or approve
examinations designed to demonstrate the qualifications and
competency of a person to work as a solar heating and cooling
system installer.
' (2) Impose appropriate fees for applications, examinations
and issuance or renewal of registrations.
' (3) Impose continuing education requirements for persons
registered as solar heating and cooling system installers.
' (4) Suspend, revoke or refuse to issue or renew a
registration for a person found by the board to have violated a
provision of this section or section 22 of this 2001 Act or rules
adopted thereunder.
' (5) Make all rules necessary and proper for carrying out the
duties of the board relating to solar heating and cooling system
installers. + }
' { + SECTION 24. + } { + The State Plumbing Board may
impose a civil penalty on a person who violates section 22 or 23
of this 2001 Act or a board rule adopted thereunder. A civil
penalty may not exceed $5,000. The imposition of civil penalties
under this section is subject to ORS 183.310 to 183.550. + }
' { + SECTION 25. + } ORS 447.010 is amended to read:
' 447.010. As used in ORS 447.010 to 447.160, unless the
context requires otherwise:
' (1) 'Board' means the State Plumbing Board established under
ORS 693.115.
' (2) 'Department' means the Department of Consumer and
Business Services.
' (3) 'Director' means the Director of the Department of
Consumer and Business Services.
' (4) 'Journeyman plumber' has the meaning given that term in
ORS 693.010.
' (5) 'Ordinary minor repairs' means the repair, replacement or
maintenance of existing plumbing fixtures, appliances,
appurtenances and related water supply and drain attachments for
the purpose of restoring a plumbing installation to a safe and
sanitary operating condition.
' (6) 'Plumbing' is the art of installing, altering or
repairing in or adjacent to or serving buildings:
' (a) Pipes, fixtures and other apparatus for bringing in the
water supply and removing liquid and water-carried waste,
including the water supply distributing pipes.
' (b) Fixtures and fixture traps.
' (c) Soil, waste and vent pipes.
' (d) House drain and house sewer to the sewer service lateral
at the curb, or in the street, or alley, or other disposal
terminal holding human or domestic sewage.
' (e) Storm water drainage, with their devices, appurtenances
and connections.
' (f) Pipes, fixtures and other apparatus for medical gas,
anesthetic waste gas and vacuum systems.
' { + (g) Solar heating and cooling systems. + }
' { + SECTION 26. + } ORS 447.020 is amended to read:
' 447.020. (1) All installations of plumbing and drainage in
buildings and structures in this state and all potable water
supply, drainage, and waste installations, within or serving
buildings or structures, except in temporary construction camps,
and except as otherwise provided in ORS 447.010 to 447.160, shall
be made in accordance with the requirements of ORS 447.010 to
447.160 and ORS chapter 455.
' (2) The Director of the Department of Consumer and Business
Services with the approval of the State Plumbing Board shall make
rules pursuant to ORS 183.310 to 183.550 for the purpose of
setting standards for plumbing and defining compliance with the
provisions of ORS 447.010 to 447.160 particularly pertaining to
installation of piping, protection and adequacy of the water
supply, workmanship and materials, traps and cleanouts, domestic
hot water storage tanks and devices, drinking fountains,
{ + solar heating and cooling systems, + } approval of devices,
equipment and fixtures, hangers and supports, drainage and
venting, house drains and house sewers, storm water drains,
special wastes, light and ventilation of water closets and
bathrooms, and excavation and grading.
' (3) The director shall appoint an adequate staff experienced
and trained to serve as plumbing inspectors to enforce rules
adopted under this section.
' { + SECTION 27. + } { + Section 22 of this 2001 Act
becomes operative July 1, 2002. + }
' { + SECTION 28. + } { + The amendments to ORS 447.010 and
447.020 by sections 25 and 26 of this 2001 Act apply to solar
heating and cooling system installations made on or after the
operative date of section 22 of this 2001 Act. A building
inspector may not disapprove a solar heating and cooling system
installed prior to the operative date of section 22 of this 2001
Act based solely upon the installation being performed by a
person other than a certified journeyman plumber or a person
registered under section 23 of this 2001 Act. + } ' .
In line 33, delete '22' and insert '29'.
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