71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3788
Sponsored by COMMITTEE ON SMART GROWTH AND COMMERCE
CHAPTER ................
AN ACT
Relating to energy; creating new provisions; amending ORS
276.900, 276.905, 276.915, 279.729, 447.010, 447.020, 469.300,
469.320, 469.350, 469.360, 469.403, 469.421, 757.646 and
757.659; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 276.900 is amended to read:
276.900. It is the policy of the State of Oregon that
facilities to be constructed or purchased by authorized state
agencies be designed, constructed { + , + } { - or renovated in
a manner that will minimize the consumption of energy in their
operation and maintenance - } { + renovated and operated so as
to minimize the use of nonrenewable energy resources and to serve
as models of energy efficiency + }.
SECTION 2. ORS 276.905 is amended to read:
276.905. As used in ORS 276.900 to 276.915, unless the context
requires otherwise:
(1) 'Alternative energy system' means solar, wind, geothermal,
heat recovery or other systems which use a renewable resource and
are environmentally sound.
(2) 'Authorized state agency' means any state agency, board,
commission, department or division that is authorized to finance
the construction, purchase or renovation of buildings or other
structures to be used by the State of Oregon. { - ' Authorized
state agency' includes but is not limited to the Oregon
Department of Administrative Services, the Department of
Corrections, the Mental Health and Developmental Disability
Services Division, the State Board of Education and the State
Board of Higher Education. - }
(3) 'Cost-effective' means that an energy resource, facility or
conservation measure during its life cycle results in delivered
power costs to the ultimate consumer no greater than the
comparable incremental cost of the least cost alternative new
energy resource, facility or conservation measure. Cost
comparison shall include, but need not be limited to:
(a) Cost escalations and future availability of fuels;
(b) Waste disposal and decommissioning costs;
(c) Transmission and distribution costs;
(d) Geographic, climatic and other differences in the state;
and
(e) Environmental impact.
(4) 'Energy conservation measure' means a measure primarily
designed to { - improve the efficiency of energy use - }
Enrolled House Bill 3788 (HB 3788-C) Page 1
{ + reduce the use of nonrenewable energy resources + } in a
state-owned facility.
(5) 'Energy consumption analysis' means the evaluation of all
energy systems and components by demand and type of energy
including the internal energy load imposed on a major facility by
its occupants, equipment and components and the external energy
load imposed on a major facility by the climatic conditions of
its location. 'Energy consumption analysis' includes, but is not
limited to:
(a) The comparison of a range of alternatives that is likely to
include all reasonable, cost-effective energy conservation
measures and alternative energy systems;
(b) The simulation of each system over the entire range of
operation of a major facility for a year's operating period;
(c) The evaluation of energy consumption of component equipment
in each system considering the operation of such components at
other than full or rated outputs; and
(d) The consideration of alternative energy systems.
(6) 'Energy systems' means all utilities, including but not
limited to heating, air conditioning, ventilating, lighting and
the supply of domestic hot water.
(7) 'Major facility' means any state-owned building having
10,000 square feet or more of usable floor space.
(8) 'Renovation' means any addition to, alteration of or repair
of a facility which will involve addition to or alteration of the
facility's energy systems, provided that the affected energy
systems account for 50 percent or more of the facility's total
energy use.
SECTION 3. ORS 276.915 is amended to read:
276.915. (1) { - Except as provided in subsection (4) of this
section, on and after October 3, 1989, - } An authorized state
agency may construct or renovate a facility only if the
authorized state agency determines that the design incorporates
all reasonable cost-effective energy conservation measures and
alternative energy systems. The determination by the authorized
state agency shall include consideration of indoor air quality
issues and operation and maintenance costs.
(2) Whenever an authorized state agency determines that any
major facility is to be constructed or renovated the agency shall
cause to be included in the design phase of the construction or
renovation a provision that requires an energy consumption
analysis identifying all reasonable cost-effective energy
conservation measures and alternative energy systems to be
prepared for the facility under the direction of a professional
engineer or licensed architect. The authorized agency and the
Office of Energy shall agree to the list of energy conservation
measures and alternative energy systems to be analyzed. The
analysis and facility design shall be delivered to the Office of
Energy during the design development phase of the facility
design. The Office of Energy shall review the analysis and
forward its findings to the authorized state agency within 10
working days after receiving the analysis, if practicable.
(3) The Office of Energy { + , in consultation with the Oregon
Department of Administrative Services and the State System of
Higher Education, + }shall adopt rules to carry out the
provisions of ORS 276.900 to 276.915. These rules shall:
(a) Include a simplified and usable method for determining
which energy conservation measures and alternative energy systems
are cost-effective. The method shall reflect the energy costs of
the utility serving the facility.
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(b) Prescribe procedures for determining if a facility design
incorporates all reasonable cost-effective energy conservation
measures and alternative energy systems.
(c) Establish fees through which an authorized state agency
will reimburse the Office of Energy for its review of energy
consumption analyses and facility designs and its reporting
tasks. Such fees imposed shall not exceed 0.2 percent of the
capital construction cost of the facility. The fees shall be
included in the energy consumption analysis required in
subsection (2) of this section. { + The Office of Energy may
provide for a waiver of fees and reviews if the authorized state
agency demonstrates that the facility will be designed and
constructed in a manner that incorporates only cost-effective
energy conservation measures or in a manner that exceeds the
energy conservation provisions of the state building code by 20
percent or more.
(d) Periodically define highly efficient facilities. A facility
constructed or renovated after June 30, 2001, shall exceed the
energy conservation provisions of the state building code by 20
percent or more, unless otherwise required by rules adopted under
this section.
(e) Require an authorized state agency to reduce the amount of
use of nonrenewable energy by at least 10 percent from the amount
used by the state agency in the 2000 calendar year. The Office of
Energy shall require state agencies that fail to achieve and
maintain a 10-percent reduction on and after June 30, 2003, to
submit biennial energy conservation plans to the Office of
Energy. The Office of Energy shall specify the form and content
of the energy conservation plans.
(4) The Office of Energy, the Oregon Department of
Administrative Services and the State System of Higher Education
shall jointly prepare a biennial report summarizing the progress
toward achieving the goals of this section. The biennial report
shall be made available to the public. + }
{ - (4) Any facility that is in the design development phase
and for which principal decisions have been fixed or set on or
before the effective date of rules adopted under subsection (3)
of this section shall be exempt from the amendments to ORS
276.900, 276.905 and this section by chapter 556, Oregon Laws
1989. Any facility for which the Sixty-fifth Legislative Assembly
does not appropriate funds for the purposes of complying with the
provisions of subsection (1) of this section shall be exempt from
subsection (1) of this section. - }
SECTION 4. ORS 279.729 is amended to read:
279.729. (1) The Oregon Department of Administrative Services
may:
(a) Establish and enforce standards for all supplies, materials
and equipment in common use by state agencies.
(b) Make or cause to be made any test, examination or analysis
necessary therefor.
(c) Require the assistance of any and all officers and agencies
therefor.
(d) Prepare or cause to be prepared proper and uniform
specifications.
(e) Classify the requirements of the various agencies of the
state government for the purpose of the use and application of
such standard specifications.
{ + (f) In consultation with the Office of Energy, establish
criteria relating to the selection of energy efficient
equipment. + }
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(2) The department shall prescribe standards and specifications
for paper used by state agencies that shall require the highest
percentage possible of the total of the paper purchased by the
department in any fiscal year be recycled paper or paper in the
same grade most nearly meeting the definition of recycled paper.
The department shall make available, through its purchasing
procedure, in all grades where it can be obtained, recycled paper
or that paper in the same grade most nearly meeting the
definition of recycled paper.
(3) As used in this section, 'recycled paper' has the meaning
given that term by ORS 279.545.
{ + NOTE: + } Section 5 was deleted by amendment. Subsequent
sections were not renumbered.
SECTION 6. ORS 469.300, as amended by section 2, chapter 134,
Oregon Laws 2001 (Enrolled Senate Bill 843), is amended to read:
469.300. As used in ORS 469.300 to 469.563, 469.590 to 469.619,
469.930 and 469.992, unless the context requires otherwise:
(1) 'Administrator' means the administrator of the Office of
Energy created under ORS 469.030.
(2) '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.
(3) 'Application' means a request for approval of a particular
site or sites for the construction and operation of an energy
facility or the construction and operation of an additional
energy facility upon a site for which a certificate has already
been issued, filed in accordance with the procedures established
pursuant to ORS 469.300 to 469.563, 469.590 to 469.619, 469.930
and 469.992.
(4) 'Associated transmission lines' means new transmission
lines constructed to connect an energy facility to the first
point of junction of such transmission line or lines with either
a power distribution system or an interconnected primary
transmission system or both or to the Northwest Power Grid.
(5) 'Average electric generating capacity' means the peak
generating capacity of the facility divided by one of the
following factors:
(a) For wind or solar energy facilities, 3.00;
(b) For geothermal energy facilities, 1.11; or
(c) For all other energy facilities, 1.00.
(6) 'Combustion turbine power plant' means a thermal power
plant consisting of one or more fuel-fired combustion turbines
and any associated waste heat combined cycle generators.
(7) 'Construction' means work performed on a site, excluding
surveying, exploration or other activities to define or
characterize the site, the cost of which exceeds $250,000.
(8) 'Council' means the Energy Facility Siting Council
established under ORS 469.450.
(9) 'Electric utility' means persons, regulated electrical
companies, people's utility districts, joint operating agencies,
electric cooperatives, municipalities or any combination thereof,
engaged in or authorized to engage in the business of generating,
supplying, transmitting or distributing electric energy.
{ - ' Electric utility' includes any person or public agency
generating electric energy from an energy facility for its own
consumption. - }
(10)(a) 'Energy facility' means any of the following:
(A) An electric power generating plant with a nominal electric
generating capacity of 25 megawatts or more, including but not
limited to:
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(i) Thermal power; or
(ii) Combustion turbine power plant.
(B) A nuclear installation as defined in this section.
(C) A high voltage transmission line of more than 10 miles in
length with a capacity of 230,000 volts or more to be constructed
in more than one city or county in this state, but excluding:
(i) Lines proposed for construction entirely within 500 feet of
an existing corridor occupied by high voltage transmission lines
with a capacity of 230,000 volts or more; and
(ii) Lines of 57,000 volts or more that are rebuilt and
upgraded to 230,000 volts along the same right of way.
(D) A solar collecting facility using more than 100 acres of
land.
(E) A pipeline that is:
(i) At least six inches in diameter, and five or more miles in
length, used for the transportation of crude petroleum or a
derivative thereof, liquified natural gas, a geothermal energy
form in a liquid state or other fossil energy resource, excluding
a pipeline conveying natural or synthetic gas;
(ii) At least 16 inches in diameter, and five or more miles in
length, used for the transportation of natural or synthetic gas,
but excluding:
(I) A pipeline proposed for construction of which less than
five miles of the pipeline is more than 50 feet from a public
road, as defined in ORS 368.001; or
(II) A parallel or upgraded pipeline up to 24 inches in
diameter that is constructed within the same right of way as an
existing 16-inch or larger pipeline that has a site certificate,
if all studies and necessary mitigation conducted for the
existing site certificate meet or are updated to meet current
site certificate standards; or
(iii) At least 16 inches in diameter and five or more miles in
length used to carry a geothermal energy form in a gaseous state
but excluding a pipeline used to distribute heat within a
geothermal heating district established under ORS chapter 523.
(F) A synthetic fuel plant which converts a natural resource
including, but not limited to, coal or oil to a gas, liquid or
solid product intended to be used as a fuel and capable of being
burned to produce the equivalent of two billion Btu of heat a
day.
(G) A plant which converts biomass to a gas, liquid or solid
product, or combination of such products, intended to be used as
a fuel and if any one of such products is capable of being burned
to produce the equivalent of six billion Btu of heat a day.
(H) A storage facility for liquified natural gas constructed
after September 29, 1991, that is designed to hold at least
70,000 gallons.
(I) A surface facility related to an underground gas storage
reservoir that, at design injection or withdrawal rates, will
receive or deliver more than 50 million cubic feet of natural or
synthetic gas per day, or require more than 4,000 horsepower of
natural gas compression to operate, but excluding:
(i) The underground storage reservoir;
(ii) The injection, withdrawal or monitoring wells and
individual wellhead equipment; and
(iii) An underground gas storage reservoir into which gas is
injected solely for testing or reservoir maintenance purposes or
to facilitate the secondary recovery of oil or other
hydrocarbons.
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(J) An electric power generating plant with an average electric
generating capacity of 35 megawatts or more if the power is
produced from geothermal, solar or wind energy at a single energy
facility or within a single energy generation area.
(b) 'Energy facility' does not include a hydroelectric
facility.
(11) 'Energy generation area' means an area within which the
effects of two or more small generating plants may accumulate so
the small generating plants have effects of a magnitude similar
to a single generating plant of 35 megawatts average electric
generating capacity or more. An 'energy generation area' for
facilities using a geothermal resource and covered by a unit
agreement, as provided in ORS 522.405 to 522.545 or by federal
law, shall be defined in that unit agreement. If no such unit
agreement exists, an energy generation area for facilities using
a geothermal resource shall be the area that is within two miles,
measured from the electrical generating equipment of the
facility, of an existing or proposed geothermal electric power
generating plant, not including the site of any other such plant
not owned or controlled by the same person.
(12) 'Extraordinary nuclear occurrence' means any event causing
a discharge or dispersal of source material, special nuclear
material or by-product material as those terms are defined in ORS
453.605, from its intended place of confinement off-site, or
causing radiation levels off-site, that the United States Nuclear
Regulatory Commission or its successor determines to be
substantial and to have resulted in or to be likely to result in
substantial damages to persons or property off-site.
(13) 'Facility' means an energy facility together with any
related or supporting facilities.
(14) 'Geothermal reservoir' means an aquifer or aquifers
containing a common geothermal fluid.
(15) 'Local government' means a city or county.
(16) 'Nominal electric generating capacity' means the maximum
net electric power output of an energy facility based on the
average temperature, barometric pressure and relative humidity at
the site during the times of the year when the facility is
intended to operate.
(17) 'Nuclear incident' means any occurrence, including an
extraordinary nuclear occurrence, that results in bodily injury,
sickness, disease, death, loss of or damage to property or loss
of use of property due to the radioactive, toxic, explosive or
other hazardous properties of source material, special nuclear
material or by-product material as those terms are defined in ORS
453.605.
(18) 'Nuclear installation' means any power reactor; nuclear
fuel fabrication plant; nuclear fuel reprocessing plant; waste
disposal facility for radioactive waste; and any facility
handling that quantity of fissionable materials sufficient to
form a critical mass. 'Nuclear installation' does not include any
such facilities which are part of a thermal power plant.
(19) 'Nuclear power plant' means an electrical or any other
facility using nuclear energy with a nominal electric generating
capacity of 25 megawatts or more, for generation and distribution
of electricity, and associated transmission lines.
(20) 'Office of Energy' means the Office of Energy created
under ORS 469.030.
(21) 'Person' means an individual, partnership, joint venture,
private or public corporation, association, firm, public service
company, political subdivision, municipal corporation, government
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agency, people's utility district, or any other entity, public or
private, however organized.
(22) 'Project order' means the order, including any amendments,
issued by the Office of Energy under ORS 469.330.
(23)(a) 'Radioactive waste' means all material which is
discarded, unwanted or has no present lawful economic use, and
contains mined or refined naturally occurring isotopes,
accelerator produced isotopes and by-product material, source
material or special nuclear material as those terms are defined
in ORS 453.605. The term does not include those radioactive
materials identified in OAR 345-50-020, 345-50-025 and
345-50-035, adopted by the council on December 12, 1978, and
revised periodically for the purpose of adding additional
isotopes which are not referred to in OAR 345-50 as presenting no
significant danger to the public health and safety.
(b) Notwithstanding paragraph (a) of this subsection, '
radioactive waste' does not include uranium mine overburden or
uranium mill tailings, mill wastes or mill by-product materials
as those terms are defined in Title 42, United States Code,
section 2014, on June 25, 1979.
(24) 'Related or supporting facilities' means any structure,
proposed by the applicant, to be constructed or substantially
modified in connection with the construction of an energy
facility, including associated transmission lines, reservoirs,
storage facilities, intake structures, road and rail access,
pipelines, barge basins, office or public buildings, and
commercial and industrial structures. 'Related or supporting
facilities' does not include geothermal or underground gas
storage reservoirs, production, injection or monitoring wells or
wellhead equipment or pumps.
(25) 'Site' means any proposed location of an energy facility
and related or supporting facilities.
(26) 'Site certificate' means the binding agreement between the
State of Oregon and the applicant, authorizing the applicant to
construct and operate a facility on an approved site,
incorporating all conditions imposed by the council on the
applicant.
(27) 'Thermal power plant' means an electrical facility using
any source of thermal energy with a nominal electric generating
capacity of 25 megawatts or more, for generation and distribution
of electricity, and associated transmission lines, including but
not limited to a nuclear-fueled, geothermal-fueled or
fossil-fueled power plant, but not including a portable power
plant the principal use of which is to supply power in
emergencies. 'Thermal power plant' includes a nuclear-fueled
thermal power plant that has ceased to operate.
(28) 'Transportation' means the transport within the borders of
the State of Oregon of radioactive material destined for or
derived from any location.
(29) 'Underground gas storage reservoir' means any subsurface
sand, strata, formation, aquifer, cavern or void, whether natural
or artificially created, suitable for the injection, storage and
withdrawal of natural gas or other gaseous substances.
'Underground gas storage reservoir' includes a pool as defined in
ORS 520.005.
(30) 'Utility' includes:
(a) A person, a regulated electrical company, a people's
utility district, a joint operating agency, an electric
cooperative, municipality or any combination thereof, engaged in
Enrolled House Bill 3788 (HB 3788-C) Page 7
or authorized to engage in the business of generating,
transmitting or distributing electric energy;
(b) A person or public agency generating electric energy from
an energy facility for its own consumption; and
(c) A person engaged in this state in the transmission or
distribution of natural or synthetic gas.
(31) 'Waste disposal facility' means a geographical site in or
upon which radioactive waste is held or placed but does not
include a site at which radioactive waste used or generated
pursuant to a license granted under ORS 453.635 is stored
temporarily, a site of a thermal power plant used for the
temporary storage of radioactive waste from that plant for which
a site certificate has been issued pursuant to this chapter or a
site used for temporary storage of radioactive waste from a
reactor operated by a college, university or graduate center for
research purposes and not connected to the Northwest Power Grid.
As used in this subsection, 'temporary storage' includes storage
of radioactive waste on the site of a nuclear-fueled thermal
power plant for which a site certificate has been issued until a
permanent storage site is available by the federal government.
SECTION 7. ORS 469.320 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.
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(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) 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,
Enrolled House Bill 3788 (HB 3788-C) Page 9
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) { + , + }
{ - or - } (f) { + or (h) + } 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.
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(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. + }
{ - (7) - } { + (8) + } 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. + }
{ - (a) - } { + (c) + } 'Total energy output' means the sum
of useful thermal energy output and useful electrical energy
output.
{ - (b) - } { + (d) + } 'Useful thermal energy' means the
verifiable thermal energy used in any viable industrial or
commercial process, heating or cooling application.
{ + (9) 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. + }
Enrolled House Bill 3788 (HB 3788-C) Page 11
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
Enrolled House Bill 3788 (HB 3788-C) Page 12
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
Enrolled House Bill 3788 (HB 3788-C) Page 13
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
Enrolled House Bill 3788 (HB 3788-C) Page 14
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.
SECTION 9. { + The amendments to ORS 469.320 by section 8 of
this 2001 Act become operative January 2, 2006. + }
SECTION 10. ORS 469.350 is amended to read:
469.350. (1) Applications for site certificates shall be made
to the Energy Facility Siting Council in a form prescribed by the
council and accompanied by the fee required by ORS 469.421.
(2) Copies of the notice of intent and of the application shall
be sent for comment and recommendation within specified deadlines
established by the council to the Department of Environmental
Quality, the Water Resources Commission, the State Fish and
Wildlife Commission, the Water Resources Director, the State
Geologist, the State Forestry Department, the Public Utility
Commission of Oregon, the State Department of Agriculture, the
Department of Land Conservation and Development, any other state
agency that has regulatory or advisory responsibility with
respect to the facility and any city or county affected by the
application.
{ + (3) Any state agency, city or county that is requested by
the council to comment and make recommendations under this
section shall respond to the council by the specified deadline.
Enrolled House Bill 3788 (HB 3788-C) Page 15
If a state agency, city or county determines that it cannot
respond to the council by the specified deadline because the
state agency, city or county lacks sufficient resources to review
and comment on the application, the state agency, city or county
shall contract with another entity to assist in preparing a
response. A state agency, city or county that enters into a
contract to assist in preparing a response may request funding to
pay for that contract from the council pursuant to ORS
469.360. + }
{ - (3) - } { + (4) + } The Office of Energy shall notify
the applicant whether the application is complete. When the
Office of Energy determines an application is complete, the
Office of Energy shall notify the applicant and provide notice to
the public.
SECTION 11. ORS 469.360 is amended to read:
469.360. (1) The Energy Facility Siting Council shall evaluate
each site certificate application. As part of its evaluation, the
council may commission an independent study by an independent
contractor, state agency, local government or any other person,
of any aspect of the proposed facility within its statutory
authority to review. The council may compensate a state agency or
local government for expenses related to:
(a) Review of the notice of intent, the application or a
request for an expedited review;
(b) The state agency's or local government's participation in a
council proceeding; and
(c) The performance of specific studies necessary to complete
the council's statutory evaluation of the application.
(2) The council may enter into a contract under subsection (1)
of this section only after the council makes a determination that
the council is unable to fully evaluate the application without
assistance and identifies specific issues to be addressed and
only pursuant to a written contract or agreement with the
independent contractor, state agency, local government or other
person. The council shall compensate the independent contractor,
state agency, local government or other person only to the extent
the costs are directly related to issues identified by the
council. { - These expenses shall not include expenses of other
state agencies for which a fee is otherwise provided under state
law or local ordinance. - }
{ + (3) The council shall provide funding to state agencies,
cities or counties required to contract with another entity to
complete comments and recommendations pursuant to ORS 469.350.
(4) In addition to compensating state agencies and local
governments pursuant to subsection (1) of this section, the
council may provide funding to the Department of Environmental
Quality for the department to conduct modeling and provide
technical assistance to expedite preparation, submission and
review of applications for permits under ORS 468A.040 required
for energy facilities. + }
SECTION 12. ORS 469.403 is amended to read:
469.403. (1) Any party to a contested case proceeding may apply
for rehearing within 30 days from the date the approval or
rejection is served. The date of service shall be the date on
which the Energy Facility Siting Council delivered or mailed its
approval or rejection in accordance with ORS 183.470. The
application for rehearing shall set forth specifically the ground
upon which the application is based. No objection to the
council's approval or rejection of an application for a site
certificate or a site certificate amendment shall be considered
Enrolled House Bill 3788 (HB 3788-C) Page 16
on rehearing without good cause shown unless the basis for the
objection is urged with reasonable specificity before the council
in the site certificate or amended site certificate process. Upon
such application, the council shall have the power to grant or
deny rehearing or to abrogate or modify its order without further
hearing. Unless the council acts upon the application for
rehearing within 30 days after the application is filed, the
application shall be considered denied. The filing of an
application for rehearing shall not, unless specifically ordered
by the council, operate as a stay of the site certificate or
amended site certificate for the facility.
(2) Any party to a contested case proceeding on a site
certificate or amended site certificate application may appeal
the council's approval or rejection of the site certificate or
amended site certificate application. Issues on appeal shall be
limited to those raised by the parties to the contested case
proceeding before the council.
(3) Jurisdiction for judicial review of the council's approval
or rejection of an application for a site certificate or amended
site certificate is conferred upon the Supreme Court.
Proceedings for review shall be instituted by filing a petition
in the Supreme Court. The petition shall be filed within 60 days
after the date of service of the council's final order or within
30 days after the date the petition for rehearing is denied or
deemed denied. Date of service shall be the date on which the
council delivered or mailed its order in accordance with ORS
183.470.
{ - (4) The filing of the petition for judicial review shall
stay the order, except that the Supreme Court may lift the stay
upon a showing that: - }
{ - (a) The delay in construction will result in substantial
economic injury to the applicant; and - }
{ - (b) Construction will not result in irreparable harm to
resources protected by applicable council standards or applicable
agency or local government standards. - }
{ - (5) No bond or other undertaking shall be required for
operation of the stay under subsection (4) of this section. - }
{ + (4) The filing of a petition for judicial review may not
stay the order, except that a party to the contested case may
apply to the Supreme Court for a stay upon a showing that there
is a colorable claim of error and that:
(a) The petitioner will suffer irreparable injury; or
(b) Construction of the energy facility will result in
irreparable harm to resources protected by applicable council
standards or applicable agency or local government standards.
(5) If the Supreme Court grants a stay pursuant to subsection
(4) of this section, the court:
(a) Shall require the petitioner requesting the stay to give an
undertaking in the amount of $5,000.
(b) May grant a stay in whole or in part.
(c) May impose other reasonable conditions on the stay. + }
(6) Except as otherwise provided in ORS 469.320 and this
section, the review by the Supreme Court shall be the same as the
review by the Court of Appeals described in ORS 183.482. The
Supreme Court shall give priority on its docket to such a
petition for review { + and shall render a decision within six
months of the filing of the petition for review + }.
{ + (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:
Enrolled House Bill 3788 (HB 3788-C) Page 17
(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. + }
SECTION 13. ORS 469.421 is amended to read:
469.421. (1) 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 section 15
of this 2001 Act, + } a request for the Office of Energy to
approve a pipeline under ORS 469.405 (3), an application for a
site certificate or a request to amend a site certificate shall
pay all expenses incurred by the Energy Facility Siting Council,
the Office of Energy and the Oregon Department of Administrative
Services related to the review and decision of the council. These
expenses may include legal expenses, expenses incurred in
processing and evaluating the application, issuing a final order
or site certificate, commissioning an independent study by a
contractor, state agency or local government under ORS 469.360,
and changes to the rules of the council that are specifically
required and related to the particular site certificate.
(2) Every person submitting a notice of intent to file for a
site certificate, a request for exemption or a request for
expedited review shall submit the fee required under the fee
schedule established under ORS 469.441 to the Office of Energy
when the notice or request is submitted to the council. To the
extent possible, the full cost of the evaluation shall be paid
from the fee paid under this subsection. However, if costs of the
evaluation exceed the fee, the person submitting the notice or
request shall pay any excess costs shown in an itemized statement
prepared by the council. In no event shall the council incur
evaluation expenses in excess of 110 percent of the fee initially
paid unless the council provides prior notification to the
applicant and a detailed projected budget the council believes
necessary to complete the project. If costs are less than the fee
Enrolled House Bill 3788 (HB 3788-C) Page 18
paid, the excess shall be refunded to the person submitting the
notice or request.
(3) Before submitting a site certificate application, the
applicant shall request from the Office of Energy an estimate of
the costs expected to be incurred in processing the application.
The Office of Energy shall inform the applicant of that amount
and require the applicant to make periodic payments of such costs
pursuant to a cost reimbursement agreement. The cost
reimbursement agreement shall provide for payment of 25 percent
of the estimated costs when the applicant submits the
application. If costs of the evaluation exceed the estimate, the
applicant shall pay any excess costs shown in an itemized
statement prepared by the council. In no event shall the council
incur evaluation expenses in excess of 110 percent of the fee
initially estimated unless the council provided prior
notification to the applicant and a detailed projected budget the
council believes is necessary to complete the project. If costs
are less than the fee paid, the council shall refund the excess
to the applicant.
(4) Any person who is delinquent in the payment of fees under
subsections (1) to (3) of this section shall be subject to the
provisions of subsection (11) of this section.
(5) Subject to the provisions of ORS 469.441, each holder of a
certificate shall pay an annual fee, due every July 1 following
issuance of a site certificate. For each fiscal year, upon
approval of the Office of Energy's budget authorization by a
regular session of the Legislative Assembly or as revised by the
Emergency Board, the administrator of the Office of Energy
promptly shall enter an order establishing an annual fee based on
the amount of revenues that the administrator estimates is needed
to fund the cost of assuring that the facility is being operated
consistently with the terms and conditions of the site
certificate, any order issued by the Office of Energy under ORS
469.405 (3) and any applicable health or safety standards. In
determining this cost, the administrator shall include both the
actual direct cost to be incurred by the council, the Office of
Energy and the Oregon Department of Administrative Services to
assure that the facility is being operated consistently with the
terms and conditions of the site certificate, any order issued by
the Office of Energy under ORS 469.405 (3) and any applicable
health or safety standards, and the general costs to be incurred
by the council, the Office of Energy and the Oregon Department of
Administrative Services to assure that all certificated
facilities are being operated consistently with the terms and
conditions of the site certificates, any orders issued by the
Office of Energy under ORS 469.405 (3) and any applicable health
or safety standards that cannot be allocated to an individual,
licensed facility. Not more than { - 20 - } { + 35 + }
percent of the annual fee charged each facility shall be for the
recovery of these general costs. The fees for direct costs shall
reflect the size and complexity of the facility and its
certificate conditions.
(6) Each holder of a site certificate executed after July 1 of
any fiscal year shall pay a fee for the remaining portion of the
year. The amount of the fee shall be set at the cost of
regulating the facility during the remaining portion of the year
determined in the same manner as the annual fee.
(7) When the actual costs of regulation incurred by the
council, the Office of Energy and the Oregon Department of
Administrative Services for the year, including that portion of
Enrolled House Bill 3788 (HB 3788-C) Page 19
the general regulation costs that have been allocated to a
particular facility, are less than the annual fees for that
facility, the unexpended balance shall be refunded to the site
certificate holder. When the actual regulation costs incurred by
the council, the Office of Energy and the Oregon Department of
Administrative Services for the year, including that portion of
the general regulation costs that have been allocated to a
particular facility, are projected to exceed the annual fee for
that facility, the administrator may issue an order revising the
annual fee.
(8) In addition to any other fees required by law, each energy
resource supplier shall pay to the Office of Energy annually its
share of an assessment to fund the activities of the Energy
Facility Siting Council, the Oregon Department of Administrative
Services and the Office of Energy, determined by the
administrator in the following manner:
(a) Upon approval of the budget authorization of the Energy
Facility Siting Council, the Oregon Department of Administrative
Services and the Office of Energy by a regular session of the
Legislative Assembly, the administrator shall promptly enter an
order establishing the amount of revenues required to be derived
from an assessment pursuant to this subsection in order to fund
the activities of the Energy Facility Siting Council, the Oregon
Department of Administrative Services and the Office of Energy,
including those enumerated in ORS 469.030 and others authorized
by law, for the first fiscal year of the forthcoming biennium. On
or before June 1 of each even-numbered year, the administrator
shall enter an order establishing the amount of revenues required
to be derived from an assessment pursuant to this subsection in
order to fund the activities of the Energy Facility Siting
Council, the Oregon Department of Administrative Services and the
Office of Energy, including those enumerated in ORS 469.030 and
others authorized by law, for the second fiscal year of the
biennium which order shall take into account any revisions to the
biennial budget of the Energy Facility Siting Council, the Office
of Energy and the Oregon Department of Administrative Services
made by the Emergency Board or by a special session of the
Legislative Assembly subsequent to the most recently concluded
regular session of the Legislative Assembly.
(b) Each order issued by the administrator pursuant to
paragraph (a) of this subsection shall allocate the aggregate
assessment set forth therein to energy resource suppliers in
accordance with paragraph (c) of this subsection.
(c) The amount assessed to an energy resource supplier shall be
based on the ratio which that supplier's annual gross operating
revenue derived within this state in the preceding calendar year
bears to the total gross operating revenue derived within this
state during that year by all energy resource suppliers. The
assessment against an energy resource supplier shall not exceed
five-tenths of one percent of the supplier's gross operating
revenue derived within this state in the preceding calendar year.
The administrator shall exempt from payment of an assessment any
individual energy resource supplier whose calculated share of the
annual assessment is less than $250.
(d) The administrator shall send each energy resource supplier
subject to assessment pursuant to this subsection a copy of each
order issued, by registered or certified mail. The amount
assessed to the energy resource supplier pursuant to the order
shall be considered to the extent otherwise permitted by law a
government-imposed cost and recoverable by the energy resource
Enrolled House Bill 3788 (HB 3788-C) Page 20
supplier as a cost included within the price of the service or
product supplied.
(e) The amounts assessed to individual energy resource
suppliers pursuant to paragraph (c) of this subsection shall be
paid to the Office of Energy as follows:
(A) Amounts assessed for the first fiscal year of a biennium
shall be paid not later than 90 days following the close of the
regular session of the Legislative Assembly; and
(B) Amounts assessed for the second fiscal year of a biennium
shall be paid not later than July 1 of each even-numbered year.
(f) An energy resource supplier shall provide the
administrator, on or before May 1 of each year, a verified
statement showing its gross operating revenues derived within the
state for the preceding calendar year. The statement shall be in
the form prescribed by the administrator and is subject to audit
by the administrator. The statement shall include an entry
showing the total operating revenue derived by petroleum
suppliers from fuels sold that are subject to the requirements of
section 3, Article IX of the Oregon Constitution, ORS 319.020
with reference to aircraft fuel and motor vehicle fuel, and ORS
319.530. The administrator may grant an extension of not more
than 15 days for the requirements of this subsection if:
(A) The energy supplier makes a showing of hardship caused by
the deadline;
(B) The energy supplier provides reasonable assurance that the
energy supplier can comply with the revised deadline; and
(C) The extension of time does not prevent the Energy Facility
Siting Council, the Oregon Department of Administrative Services
or the Office of Energy from fulfilling their statutory
responsibilities.
(g) As used in this section:
(A) 'Energy resource supplier' means an electric utility,
natural gas utility or petroleum supplier supplying electricity,
natural gas or petroleum products in Oregon.
(B) 'Gross operating revenue' means gross receipts from sales
or service made or provided within this state during the regular
course of the energy supplier's business, but does not include
either revenue derived from interutility sales within the state
or revenue received by a petroleum supplier from the sale of
fuels that are subject to the requirements of section 3, Article
IX of the Oregon Constitution, ORS 319.020 or 319.530.
(C) 'Petroleum supplier' has the meaning given that term in ORS
469.020.
(h) In determining the amount of revenues which must be derived
from any class of energy resource suppliers by assessment
pursuant to this subsection, the administrator shall take into
account all other known or readily ascertainable sources of
revenue to the Energy Facility Siting Council, the Oregon
Department of Administrative Services and the Office of Energy,
including, but not limited to, fees imposed under this section
and federal funds, and may take into account any funds previously
assessed pursuant to ORS 469.420 (1979 Replacement Part) or
section 7, chapter 792, Oregon Laws 1981.
(i) Orders issued by the administrator pursuant to this section
shall be subject to judicial review under ORS 183.484. The taking
of judicial review shall not operate to stay the obligation of an
energy resource supplier to pay amounts assessed to it on or
before the statutory deadline.
(9)(a) In addition to any other fees required by law, each
operator of a nuclear fueled thermal power plant or nuclear
Enrolled House Bill 3788 (HB 3788-C) Page 21
installation within this state shall pay to the Office of Energy
annually on July 1, an assessment in an amount determined by the
administrator to be necessary to fund the activities of the state
and the counties associated with emergency preparedness for a
nuclear fueled thermal power plant or nuclear installation. The
assessment shall not exceed $461,250 per year. Moneys collected
as assessments under this subsection are continuously
appropriated to the Office of Energy for this purpose.
(b) The Office of Energy shall maintain and shall cause other
state agencies and counties to maintain time and billing records
for the expenditure of any fees collected from an operator of a
nuclear fueled thermal power plant under paragraph (a) of this
subsection.
(10) Reactors operated by a college, university or graduate
center for research purposes and electric utilities not connected
to the Northwest Power Grid are exempt from the fee requirements
of subsections (5), (8) and (9) of this section.
(11)(a) All fees assessed by the administrator against holders
of site certificates for facilities that have an installed
capacity of 500 megawatts or greater may be paid in several
installments, the schedule for which shall be negotiated between
the administrator and the site certificate holder.
(b) Energy resource suppliers or applicants or holders of a
site certificate who fail to pay a fee provided under subsections
(1) to (9) of this section or the fees required under ORS 469.360
after it is due and payable shall pay, in addition to that fee, a
penalty of two percent of the fee a month for the period that the
fee is past due. Any payment made according to the terms of a
schedule negotiated under paragraph (a) of this subsection shall
not be considered past due. The administrator may bring an action
to collect an unpaid fee or penalty in the name of the State of
Oregon in a court of competent jurisdiction. The court may award
reasonable attorney fees to the administrator if the
administrator prevails in an action under this subsection. The
court may award reasonable attorney fees to a defendant who
prevails in an action under this subsection if the court
determines that the administrator had no objectively reasonable
basis for asserting the claim or no reasonable basis for
appealing an adverse decision of the trial court.
SECTION 14. { + Sections 15 and 17 of this 2001 Act are added
to and made a part of ORS 469.300 to 469.563. + }
SECTION 15. { + (1) 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:
(a) Is a combustion turbine energy facility fueled by natural
gas or is a reciprocating engine fueled by natural gas, including
an energy facility that uses petroleum distillate fuels for
backup power generation;
(b) Is a permitted or conditional use allowed under an
applicable local acknowledged comprehensive plan, land use
regulation or federal land use plan, and is located:
(A) At or adjacent to an existing energy facility; or
(B)(i) At, adjacent to or in close proximity to an existing
industrial use; and
(ii) In an area currently zoned or designated for industrial
use;
(c)(A) Requires no more than three miles of associated
transmission lines or three miles of new natural gas pipelines
Enrolled House Bill 3788 (HB 3788-C) Page 22
outside of existing rights of way for transmission lines or
natural gas pipelines; or
(B) Imposes, in the determination of the Energy Facility Siting
Council, no significant impact in the locating of associated
transmission lines or new natural gas pipelines outside of
existing rights of way;
(d) Requires no new water right or water right transfer;
(e) Provides funds to a qualified organization in an amount
determined by the council to be sufficient to produce any
required reduction in carbon dioxide emissions as specified in
ORS 469.503 (2)(c)(C) and in rules adopted under ORS 469.503 for
the total carbon dioxide emissions produced by the energy
facility for the life of the energy facility; and
(f)(A) Discharges process wastewater to a wastewater treatment
facility that has an existing National Pollutant Discharge
Elimination System permit, can obtain an industrial pretreatment
permit, if needed, within the expedited review process time frame
and has written confirmation from the wastewater facility permit
holder that the additional wastewater load will be accommodated
by the facility without resulting in a significant thermal
increase in the facility effluent or without requiring any
changes to the wastewater facility National Pollutant Discharge
Elimination System permit;
(B) Plans to discharge process wastewater to a wastewater
treatment facility owned by a municipal corporation that will
accommodate the wastewater from the energy facility and supplies
evidence from the municipal corporation that:
(i) The municipal corporation has included, or intends to
include, the process wastewater load from the energy facility in
an application for a National Pollutant Discharge Elimination
System permit; and
(ii) All conditions required of the energy facility to allow
the discharge of process wastewater from the energy facility will
be satisfied; or
(C) Obtains a National Pollutant Discharge Elimination System
or water pollution control facility permit for process wastewater
disposal, supplies evidence to support a finding that the
discharge can likely be permitted within the expedited review
process time frame and that the discharge will not require:
(i) A new National Pollutant Discharge Elimination System
permit, except for a storm water general permit for construction
activities; or
(ii) A change in any effluent limit or discharge location under
an existing National Pollutant Discharge Elimination System or
water pollution control facility permit.
(2) An applicant seeking expedited review under this section
shall submit documentation to the Office of Energy, prior to the
submission of an application for a site certificate, that
demonstrates that the energy facility meets the qualifications
set forth in subsection (1) of this section. The Office of Energy
shall determine, within 14 days of receipt of the documentation,
on a preliminary, nonbinding basis, whether the energy facility
qualifies for expedited review.
(3) If the Office of Energy determines that the energy facility
preliminarily qualifies for expedited review, the applicant may
submit an application for expedited review. Within 30 days after
the date that the application for expedited review is submitted,
the Office of Energy shall determine whether the application is
complete. If the Office of Energy determines that the application
is complete, the application shall be deemed filed on the date
Enrolled House Bill 3788 (HB 3788-C) Page 23
that the Office of Energy sends the applicant notice of its
determination. If the Office of Energy determines that the
application is not complete, the Office of Energy shall notify
the applicant of the deficiencies in the application and shall
deem the application filed on the date that the Office of Energy
determines that the application is complete. The Office of Energy
or the council may request additional information from the
applicant at any time.
(4) The Office of Energy shall send a copy of a filed
application to the Department of Environmental Quality, the Water
Resources Department, the State Department of Fish and Wildlife,
the State Department of Geology and Mineral Industries, the State
Department of Agriculture, the Department of Land Conservation
and Development, the Public Utility Commission and any other
state agency, city, county or political subdivision of the state
that has regulatory or advisory responsibility with respect to
the proposed energy facility. The Office of Energy shall send
with the copy of the filed application a notice specifying that:
(a) In the event the council issues a site certificate for the
energy facility, the site certificate will bind the state and all
counties, cities and political subdivisions in the state as to
the approval of the site, the construction of the energy facility
and the operation of the energy facility, and that after the
issuance of a site certificate, all permits, licenses and
certificates addressed in the site certificate must be issued as
required by ORS 469.401 (3); and
(b) The comments and recommendations of state agencies,
counties, cities and political subdivisions concerning whether
the proposed energy facility complies with any statute, rule or
local ordinance that the state agency, county, city or political
subdivision would normally administer in determining whether a
permit, license or certificate required for the construction or
operation of the energy facility should be approved will be
considered only if the comments and recommendations are received
by the Office of Energy within a reasonable time after the date
the application and notice of the application are sent by the
Office of Energy.
(5) Within 90 days after the date that the application was
filed, the Office of Energy shall issue a draft proposed order
setting forth:
(a) A description of the proposed energy facility;
(b) A list of the permits, licenses and certificates that are
addressed in the application and that are required for the
construction or operation of the proposed energy facility;
(c) A list of the statutes, rules and local ordinances that are
the standards and criteria for approval of any permit, license or
certificate addressed in the application and that are required
for the construction or operation of the proposed energy
facility; and
(d) Proposed findings specifying how the proposed energy
facility complies with the applicable standards and criteria for
approval of a site certificate.
(6) The council shall review the application for site
certification in the manner set forth in subsections (7) to (10)
of this section and shall issue a site certificate for the
facility if the council determines that the facility, with any
required conditions to the site certificate, will comply with:
(a) The requirements for expedited review as specified in this
section;
Enrolled House Bill 3788 (HB 3788-C) Page 24
(b) The standards adopted by the council pursuant to ORS
469.501 (1)(a), (c) to (e), (g), (h) and (L) to (o);
(c) The requirements of ORS 469.503 (3); and
(d) The requirements of ORS 469.504 (1)(b).
(7) Following submission of an application for a site
certificate, the council shall hold a public informational
meeting on the application. Following the issuance of the
proposed order, the council shall hold at least one public
hearing on the application. The public hearing shall be held in
the area affected by the energy facility. The council shall mail
notice of the hearing at least 20 days prior to the hearing. The
notice shall comply with the notice requirements of ORS 197.763
(2) and shall include, but need not be limited to, the following:
(a) A description of the energy facility and the general
location of the energy facility;
(b) The name of an Office of Energy representative to contact
and the telephone number at which people may obtain additional
information;
(c) A statement that copies of the application and proposed
order are available for inspection at no cost and will be
provided at reasonable cost; and
(d) A statement that the record for public comment on the
application will close at the conclusion of the hearing and that
failure to raise an issue in person or in writing prior to the
close of the record, with sufficient specificity to afford the
decision maker an opportunity to respond to the issue, will
preclude consideration of the issue, by the council or by a court
on judicial review of the council's decision.
(8) Prior to the conclusion of the hearing, the applicant may
request an opportunity to present additional written evidence,
arguments or testimony regarding the application. In the
alternative, prior to the conclusion of the hearing, the
applicant may request a contested case hearing on the
application. If the applicant requests an opportunity to present
written evidence, arguments or testimony, the council shall leave
the record open for that purpose only for a period not to exceed
14 days after the date of the hearing. Following the close of the
record, the Office of Energy shall prepare a draft final order
for the council. If the applicant requests a contested case
hearing, the council may grant the request if the applicant has
shown good cause for a contested case hearing. If a request for a
contested case hearing is granted, subsections (9) to (11) of
this section do not apply, and the application shall be
considered under the same contested case procedures used for a
nonexpedited application for a site certificate.
(9) The council shall make its decision based on the record and
the draft final order prepared by the Office of Energy. The
council shall, within six months of the date that the application
is deemed filed:
(a) Grant the application;
(b) Grant the application with conditions;
(c) Deny the application; or
(d) Return the application to the site certification process
required by ORS 469.320.
(10) If the application is granted, the council shall issue a
site certificate pursuant to ORS 469.401 and 469.402.
Notwithstanding subsection (6) of this section, the council may
impose conditions based on standards adopted under ORS 469.501
(1)(b), (f) and (i) to (k), but may not deny an application based
on those standards.
Enrolled House Bill 3788 (HB 3788-C) Page 25
(11) Judicial review of the approval or rejection of a site
certificate by the council under this section shall be as
provided in ORS 469.403. + }
SECTION 16. { + The provisions of section 15 of this 2001 Act
apply to applications for site certificates received by the
Energy Facility Siting Council after March 31, 2001. + }
SECTION 17. { + Notwithstanding ORS 197.180, when a state
agency action or recommendation concerning an energy facility
requires a land use compatibility statement prior to the action
being completed, the state agency shall satisfy any applicable
requirement of ORS 197.180 by conditioning the agency action or
recommendation on a determination by either the Energy Facility
Siting Council or the applicable city or county that the energy
facility as affected by the state agency action satisfies, or
will continue to satisfy, the applicable requirements of ORS
197.180. + }
SECTION 18. ORS 757.646 is amended to read:
757.646. (1) The duties, functions and powers of the Public
Utility Commission shall include developing policies to eliminate
barriers to the development of a competitive retail market
structure. The policies shall be designed to mitigate the
vertical and horizontal market power of incumbent electric
companies, prohibit preferential treatment, or the appearance of
such treatment, of generation or market affiliates and determine
the electricity services likely to be competitive. The commission
may require an electric company acting as an electricity service
supplier do so through an affiliate.
{ - (2) The commission may provide incentives for divestiture
to unaffiliated persons of the generation assets of an electric
company, or the structural separation of such assets. The
commission shall ensure that divestiture does not deprive
consumers of the benefit of the utility's or the region's
low-cost resources, independent of the power supplier. - }
{ - (3) - } { + (2) + } The commission shall establish by
rule a code of conduct for electric companies and their
affiliates to protect against market abuses and anticompetitive
practices. The code shall, at a minimum:
(a) Require an electric company and any affiliate that shares
the same name and logo to disclose to all consumers the
relationship between the company and affiliate and to clarify
that the affiliate is not the same as the electric company and
that in order to receive service from the company a consumer does
not have to purchase the services of the affiliate;
(b) Prohibit preferential access by an electric company
affiliate to confidential consumer information;
(c) Prohibit cross-subsidization between competitive operations
and regulated operations, including the use of electric company
personnel and other resources;
(d) Prohibit joint marketing activities and exclusive referral
arrangements between an electric company and its affiliates;
(e) Provide the commission with all necessary access to books
and records;
(f) Require electric companies to make regular compliance
filings; and
(g) Require fair treatment of all competitors by a distribution
utility.
{ - (4) - } { + (3) + } An electric company shall provide
the commission access to all books and records necessary for the
commission to monitor the electric company and its affiliate
relationships. The commission shall require an electric company
Enrolled House Bill 3788 (HB 3788-C) Page 26
biannually to file a report detailing compliance with this
subsection.
SECTION 19. ORS 757.659 is amended to read:
757.659. According to the applicable provisions of ORS 183.310
to 183.550 and 756.060, the Public Utility Commission shall adopt
such rules as are necessary to implement ORS 757.600 to 757.667.
Rules adopted by the commission shall address at least the
following:
(1) Requirements and methodologies for each electric company to
provide unbundled rates and services pursuant to ORS 757.642.
(2) Requirements for each electric company allowing aggregation
of electricity loads pursuant to ORS 757.627, which may include
aggregation of demand for other services available under direct
access.
(3) Requirements for consumer protection. Consumer protection
rules adopted by the commission that relate to electricity
service suppliers shall be applicable throughout this state and
shall, at a minimum, contain provisions for the disclosure of
price, power source and environmental impact in contract offers
and marketing information.
(4) Market valuation methodologies for determining the amount
and recovery of the costs of uneconomic utility investment and
the amount of and credit for economic utility investment.
{ - (5) Policies for the divestiture or structural separation
of generating assets and power supply contracts owned or
controlled by electric companies, consistent with the provisions
of ORS 757.646. - }
{ - (6) - } { + (5) + } Requirements for each electric
company to offer a portfolio of rate options under ORS 757.603.
{ - (7) - } { + (6) + } The method of determining a default
supplier for those consumers who are not eligible to participate
in a portfolio program under ORS 757.603 in a manner that
provides for viable competition among electricity service
suppliers and among power generation companies. The commission
may condition the use of a default service option by requiring
reasonable notice and commitment from a consumer who intends to
use the default service option in nonemergency situations.
{ - (8) - } { + (7) + } Requirements for market structure
described in ORS 757.646.
{ - (9) - } { + (8) + } Requirements for public purpose
charges and credits under ORS 757.612.
{ - (10) - } { + (9) + } Requirements for meters, metering
services, billing and collection services, and customer response
functions.
SECTION 20. { + Section 21 of this 2001 Act is added to and
made a part of ORS chapter 757. + }
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.
Enrolled House Bill 3788 (HB 3788-C) Page 27
(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:
Enrolled House Bill 3788 (HB 3788-C) Page 28
(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. + }
SECTION 29. { + This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2001 Act takes effect on
its passage. + }
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Enrolled House Bill 3788 (HB 3788-C) Page 29
Passed by House June 13, 2001
Repassed by House June 20, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 19, 2001
...........................................................
President of Senate
Enrolled House Bill 3788 (HB 3788-C) Page 30
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3788 (HB 3788-C) Page 31