74th OREGON LEGISLATIVE ASSEMBLY--2007 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 3917
 
                         House Bill 3562
 
Sponsored by Representative C EDWARDS
 
 
                             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 as
introduced.
 
  Modifies types of biomass that may be used to generate
electricity for purpose of meeting renewable portfolio standard.
 
                        A BILL FOR AN ACT
Relating to renewable energy; amending section 4, chapter __,
  Oregon Laws 2007 (Enrolled Senate Bill 838).
Be It Enacted by the People of the State of Oregon:
  SECTION 1. Section 4, chapter __, Oregon Laws 2007 (Enrolled
Senate Bill 838), is amended to read:
   { +  Sec. 4. + } (1) Electricity generated utilizing the
following types of energy may be used to comply with a renewable
portfolio standard:
  (a) Wind energy.
  (b) Solar photovoltaic and solar thermal energy.
  (c) Wave, tidal and ocean thermal energy.
  (d) Geothermal energy.
  (2) Except as provided in subsection (3) of this section,
electricity generated from biomass and biomass byproducts may be
used to comply with a renewable portfolio standard, including but
not limited to electricity generated from:
  (a) Organic human or animal waste;
  (b) Spent pulping liquor;
    { - (c) Forest or rangeland woody debris from harvesting or
thinning conducted to improve forest or rangeland ecological
health and to reduce uncharacteristic stand replacing wildfire
risk; - }
   { +  (c) Woody biomass as defined in ORS 526.277; + }
  (d) Wood material from hardwood timber grown on land described
in ORS 321.267 (3);
  (e) Agricultural residues;
  (f) Dedicated energy crops; and
  (g) Landfill gas or biogas produced from organic matter,
wastewater, anaerobic digesters or municipal solid waste.
  (3) Electricity generated from the direct combustion of biomass
may not be used to comply with a renewable portfolio standard if
any of the biomass combusted to generate the electricity
includes:
  (a) Municipal solid waste; or
  (b) Wood that has been treated with chemical preservatives such
as creosote, pentachlorophenol or chromated copper arsenate.
 
  (4) Electricity generated by a hydroelectric facility may be
used to comply with a renewable portfolio standard only if:
  (a) The facility is located outside any protected area
designated by the Pacific Northwest Electric Power and
Conservation Planning Council as of July 23, 1999, or any area
protected under the federal Wild and Scenic Rivers Act, Public
Law 90-542, or the Oregon Scenic Waterways Act, ORS 390.805 to
390.925; or
  (b) The electricity is attributable to efficiency upgrades made
to the facility on or after January 1, 1995.
  (5) Up to 50 average megawatts of electricity per year
generated by an electric utility from certified low-impact
hydroelectric facilities described in section 3 (4) of this 2007
Act may be used to comply with a renewable portfolio standard,
without regard to the number of certified facilities operated by
the electric utility or the generating capacity of those
facilities. A hydroelectric facility described in this subsection
is not subject to the requirements of subsection (4) of this
section.
  (6) Electricity generated from hydrogen gas derived from any
source of energy described in subsections (1) to (5) of this
section may be used to comply with a renewable portfolio
standard.
  (7) If electricity generation employs multiple energy sources,
that portion of the electricity generated that is attributable to
energy sources described in subsections (1) to (6) of this
section may be used to comply with a renewable portfolio
standard.
  (8) The State Department of Energy by rule may approve energy
sources other than those described in this section that may be
used to comply with a renewable portfolio standard. The
department may not approve petroleum, natural gas, coal or
nuclear fission as an energy source that may be used to comply
with a renewable portfolio standard.
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