72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2902
 
                           A-Engrossed
 
                         House Bill 3170
                  Ordered by the House April 29
            Including House Amendments dated April 29
 
Sponsored by Representatives JOHNSON, PATRIDGE
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Provides that funds collected by electric company through
public purpose charges may be paid to nongovernmental entity for
investment in public purposes only if payments are approved by
Office of Energy. Establishes requirements for nongovernmental
entity receiving those payments.
    { - Terminates public purpose charges on January 1, 2005,
unless at least 20 percent of retail electricity consumers who
are eligible for direct access have elected to receive
electricity services through direct access before January 1,
2005. - }
 
                        A BILL FOR AN ACT
Relating to public purpose charges; creating new provisions; and
  amending ORS 757.617.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2003 Act is added to and made
a part of ORS 757.600 to 757.687. + }
  SECTION 2.  { + (1) The Public Utility Commission may direct
that funds collected by an electric company through public
purpose charges under 757.612 be paid to a nongovernmental entity
for investment in public purposes only if payments to the
nongovernmental entity are approved by the Office of Energy. The
Office of Energy shall supervise the investments made by the
nongovernmental entity in the manner provided by this section.
  (2) The Office of Energy may approve payment of funds collected
from public purpose charges under ORS 757.612 to a
nongovernmental entity under this section only if:
  (a) Officers and employees of the nongovernmental entity are
held to a strict conflict of interest standard, prohibiting those
officers and employees from financially benefiting in any way
from grants made by the nongovernmental entity;
  (b) Officers and employees of the nongovernmental entity are
paid salaries that do not exceed the salaries paid to state
employees performing similar functions;
  (c) All contracts entered into by the nongovernmental entity
with a value of more than $25,000 are competitively bid;
 
 
  (d) A copy of any contract entered into by the nongovernmental
entity with a value of $25,000 or less is made public on the
Internet within three days after the contract is executed;
  (e) Except as provided in paragraph (d) of this subsection, all
contracts entered into by the nongovernmental entity meet the
same requirements as are applicable to contracts of state
agencies; and
  (f) The nongovernmental entity complies with the requirements
of ORS 192.610 to 192.690 to the same extent that would be
required if the nongovernmental entity was a public body as
defined in ORS 192.610. + }
  SECTION 3. ORS 757.617 is amended to read:
  757.617. (1)(a) The Public Utility Commission and the Office of
Energy jointly shall select an independent nongovernmental entity
to prepare   { - a biennial - }  { +  an annual + } report
 { - to the Legislative Assembly - }  describing program spending
and results for public purpose requirements undertaken pursuant
to ORS 757.612.   { +  The annual report shall be submitted to
the Emergency Board in the interim between legislative sessions,
and to the Legislative Assembly in years in which the Legislative
Assembly is in regular session. + } The first  { + annual + }
report shall be due on January 1,   { - 2003 - }  { + 2004 + }.
  (b) The commission and the Office of Energy jointly shall
select an independent nongovernmental entity to prepare a report
to the Legislative Assembly describing proposed modifications to
public purpose requirements undertaken pursuant to ORS 757.612.
The report shall be due on January 1, 2007.
  (c) The commission and the Office of Energy jointly shall
select an independent nongovernmental entity to prepare a report
to the Legislative Assembly recommending whether the public
purpose funding requirements under ORS 757.612 should be renewed.
The report shall be due on January 1, 2011.
  (2) The Housing and Community Services Department shall prepare
 { - a biennial - }  { +  and submit a + } report to the
 { - Legislative Assembly - }  { +  Emergency Board once every
six months + } describing program spending and needs for
low-income bill assistance. The first report shall be due on
January 1, 2003.
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