Chapter 310
AN ACT
HB 2620
Relating to inclusion of solar energy
technologies in public buildings.
Be It Enacted by the People of
the State of
SECTION 1. Sections 2 and 3 of this 2007 Act are added
to and made a part of ORS 279C.005 to 279C.670.
SECTION 2. (1) Except as otherwise provided in this
section, a public improvement contract for the construction of a public
building or for the reconstruction or major renovation of a public building, if
the cost of the reconstruction or major renovation exceeds 50 percent of the
value of the public building, is considered to contain an amount equal to at
least 1.5 percent of the total contract price for the inclusion of appropriate
solar energy technology in the public building. Solar energy technology shall
include solar electric or solar thermal systems and may include passive solar
energy systems when a proposed passive solar energy system will achieve a
reduction in energy usage of at least 20 percent.
(2) Before entering into
a public improvement contract described in subsection (1) of this section, a
contracting agency shall prepare a written determination of whether the
inclusion of solar energy technology in the construction, reconstruction or
major renovation of the public building is appropriate. The contracting agency
shall include in the determination the total contract
price and the amount the agency intends to expend on the inclusion of solar
energy technology in the public building. The State Department of Energy shall
develop a form usable by contracting agencies for preparing the written
determination described in this subsection.
(3) If the contracting
agency determines that it would be inappropriate to include solar energy
technology in the construction, reconstruction or major renovation of the
public building, subsection (1) of this section does not apply to the public
improvement contract. However:
(a) The contracting
agency shall spend an amount equal to at least 1.5 percent of the total
contract price on the inclusion of appropriate solar energy technology in a
future public building project; and
(b) The amount spent by
the contracting agency on the future public building project pursuant to
paragraph (a) of this subsection is in addition to any amount required under
subsection (1) of this section for the inclusion of appropriate solar energy
technology in the future public building project.
(4) Subsection (3)(a) and (b) of this section does not apply to a public
improvement contract for which no state funds are directly or indirectly used.
(5) This section does
not exempt an authorized state agency, as defined in ORS 276.905, from
complying with ORS 276.900 to 276.915, except that an authorized state agency,
without complying with ORS 276.900 to 276.915, may determine that solar energy
technology described in this section is appropriate for inclusion in the
construction, reconstruction or major renovation of a public building.
(6)(a) As used in this
section, “public building” means a building owned or controlled by a public
body, as defined in ORS 174.109, and:
(A) Used or occupied by
employees of the public body; or
(B) Used for conducting
public business.
(b) Notwithstanding the
provisions of ORS 174.108 (3), this section applies to intergovernmental entities
described in ORS 174.108 (3).
SECTION 3. Public improvement contracts subject to
section 2 of this 2007 Act are also subject to rules adopted by the State
Department of Energy that include, but are not limited to, requirements and
specifications for:
(1) Using particular
solar energy systems or technologies in public improvements;
(2) Determining the
cost-effectiveness of solar energy systems or technologies;
(3) Reporting the use of
solar energy systems or technologies in public improvements or submitting
documents to the department for review, as appropriate; and
(4) Determining whether
a structure is a public building subject to the requirements of section 2 of
this 2007 Act.
SECTION 4. The State Department of Energy shall report
to the Seventy-fifth Legislative Assembly on or before January 31, 2009, and to
the Seventy-sixth Legislative Assembly on or before January 31, 2011, on the
use of solar energy technology in the construction, reconstruction and major
renovation projects that are subject to section 2 of this 2007 Act.
SECTION 5. Section 2 of this 2007 Act applies only to
public improvement contracts first advertised, but if not advertised then
entered into, on or after the effective date of this 2007 Act.
Approved by the Governor June 11, 2007
Filed in the office of Secretary of State June 13, 2007
Effective date January 1, 2008
__________