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 897
A-Engrossed
Senate Bill 66
Ordered by the Senate March 9
Including Senate Amendments dated March 9
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of State Treasurer Randall
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.
Prohibits discrete investment of state funds unless legislative
intent to allow investment is clear.
Makes certain funds that retain own interest separate and
distinct from General Fund.
{ + Provides for investment of moneys in Community Housing
Trust Account.
Establishes Housing and Community Services Department
Electricity Public Purpose Charge Fund. Continuously appropriates
moneys in fund to Housing and Community Services Department for
purpose of low-income housing grants.
Establishes Housing and Community Services Department
Low-Income Electric Bill Payment Assistance Fund. Continuously
appropriates moneys in fund to department for purpose of
low-income electric bill payment assistance. + }
Repeals requirement that State Treasurer issue duplicate
receipts.
{ + Declares emergency, effective July 1, 2007. + }
A BILL FOR AN ACT
Relating to administration of public funds; creating new
provisions; amending ORS 291.002, 291.201, 426.506, 446.533,
456.579, 468B.455, 541.378 and 757.612; repealing ORS 291.230
and 291.280; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2007 Act is added to and made
a part of ORS 293.701 to 293.820. + }
SECTION 2. { + (1) Moneys in a fund established by law may not
be discretely invested unless the law establishing the fund
specifically indicates that the moneys may be invested. A
provision in a law establishing a fund that requires interest
earned by the fund to be retained by the fund is not, by itself,
a specific indication that the moneys in the fund may be
discretely invested.
(2) As used in this section, 'discretely invested' means
invested in something other than the state investment fund
established under ORS 293.701 (2)(o). + }
SECTION 3. ORS 446.533 is amended to read:
446.533. There hereby is established { - in - } { +
separate and distinct from + } the General Fund the Mobile Home
Parks Account of the Housing and Community Services Department.
Except as otherwise provided by law, all moneys appropriated or
credited to the
{ - Housing and Community Services Department hereby - }
{ + account + } are appropriated continuously for and shall be
used by the Director of the Housing and Community Services
Department for the purpose of carrying out the duties and
responsibilities imposed under ORS 105.138 and 446.515 to
446.547. Interest earned on the account shall be credited to the
account.
SECTION 4. ORS 456.579 is amended to read:
456.579. (1) There is established { - in - } { + separate
and distinct from + } the General Fund an account to be known as
the Mobile Home Parks Purchase Account. Except as otherwise
provided by law, all moneys appropriated or credited to the
Mobile Home Parks Purchase Account are appropriated continuously
for and shall be used by the Director of the Housing and
Community Services Department for the purpose of carrying out the
duties and responsibilities imposed upon the Housing and
Community Services Department under ORS 90.100, 90.630, 90.760,
90.800 to 90.840, 308.905, 446.003 and 456.581 and this section.
Interest earned on the account shall be credited to the account.
(2) Except for loans provided in ORS 90.840, the account
described in subsection (1) of this section shall not be
connected to or commingled in any way with the funds described in
ORS 456.720.
(3) For the purpose of carrying out the provisions of ORS
90.100, 90.630, 90.760, 90.800 to 90.840, 308.905, 446.003 and
456.581 and this section, the Housing and Community Services
Department may seek funds from sources other than that described
in ORS 308.905 (1). Such funds shall be credited to the Mobile
Home Parks Purchase Account.
SECTION 5. ORS 468B.455 is amended to read:
468B.455. (1) There is established an Oil Spillage Control Fund
{ - within - } { + separate and distinct from + } the General
Fund. This account shall be a revolving fund, the interest of
which { - accrues - } { + shall be credited + } to the Oil
Spillage Control Fund.
(2) All penalties recovered under ORS 468B.450 (1) shall be
paid into the Oil Spillage Control Fund. Such moneys are
continuously appropriated to the Department of Environmental
Quality for the advancement of costs incurred in carrying out
cleanup activities and for the rehabilitation of affected fish
and wildlife as provided under ORS 468B.060.
(3) With the approval of the Environmental Quality Commission,
the moneys in the Oil Spillage Control Fund may be invested as
provided by ORS 293.701 to 293.820, and earnings from such
investment shall be credited to the fund.
(4) The Oil Spillage Control Fund shall not be used for any
purpose other than that for which the fund was created.
SECTION 6. ORS 541.378 is amended to read:
541.378. (1) { - There is created in the General Fund of the
State Treasury - } The Restoration and Protection Research Fund
{ + is established separate and distinct from the General
Fund + }. Interest earned by the Restoration and Protection
Research Fund shall be credited to the fund. Moneys credited to
the fund are continuously appropriated to the Oregon Watershed
Enhancement Board for the purpose of funding research and other
activities related to the restoration and protection of native
salmonid populations, watersheds, fish and wildlife habitats and
water quality, including but not limited to research, monitoring,
evaluation and assessment related to the Oregon Plan.
(2) All moneys received by the Oregon Watershed Enhancement
Board from interest earned on the Restoration and Protection
Subaccount of the Parks and Natural Resources Fund created under
ORS 541.377, from the Watershed Improvement Operating Fund
created under ORS 541.379 and from the Watershed Improvement
Grant Fund created under ORS 541.397 shall be credited to the
Restoration and Protection Research Fund. Moneys credited to the
fund and not expended by the completion of a biennium shall
remain in the fund.
SECTION 7. ORS 426.506 is amended to read:
426.506. (1) There is created in the State Treasury, separate
and distinct from the General Fund, the Community Mental Health
Housing Fund. All earnings on investments of moneys in the
Community Mental Health Housing Fund shall accrue to the fund.
Interest earned on moneys in the fund shall be credited to the
fund. All moneys in the fund are continuously appropriated to the
Department of Human Services to carry out the provisions of ORS
426.504.
(2) The Community Mental Health Housing Fund shall be
administered by the department to provide housing for chronically
mentally ill persons. As used in this subsection, 'housing' may
include acquisition, maintenance, repair, furnishings and
equipment.
(3)(a) There is established within the Community Mental Health
Housing Fund a Community Housing Trust Account. { + With
approval of the State Treasurer and upon request of the Director
of Human Services, moneys in the account may be invested as
provided in ORS 293.701 to 293.820.
(b) + } Notwithstanding the provisions of ORS 270.150, the
department shall deposit into the { + Community Housing
Trust + } Account the proceeds, less costs to the state, received
by the department from the sale of F. H. Dammasch State Hospital
property under ORS 426.508. The department may expend, for the
purposes set forth in ORS 426.504, any earnings credited to the
account, including any interest earned on moneys deposited in the
account, and up to five percent of the sale proceeds initially
credited to the account by the Oregon Department of
Administrative Services. At least 95 percent of the sale proceeds
shall remain in the account in perpetuity. Proceeds deposited in
the account may not be commingled with proceeds from the sale of
any surplus real property owned, operated or controlled by the
Department of Human Services and used as a state training center.
{ - (b) - } { + (c) + } Interest earned on moneys in the
Community Housing Trust Account may be expended in the following
manner:
(A) Seventy percent of interest earned on deposits in the
account shall be expended for community housing purposes; and
(B) Thirty percent of interest earned on deposits in the
account shall be expended for institutional housing purposes.
{ - (c) - } { + (d) + } Interest earned on deposits in the
{ + Community Housing Trust + } Account shall not be used to
support operating expenses of the department.
(4) The Community Mental Health Housing Fund shall consist of:
(a) Moneys appropriated to the fund by the Legislative
Assembly;
(b) Sale proceeds and earnings from the account under
subsection (3) of this section;
(c) Proceeds from the sale, transfer or lease of any surplus
real property owned, operated or controlled by the department and
used as community housing;
(d) Moneys reallocated from other areas of the department's
budget;
(e) Interest and earnings credited to the fund; and
(f) Gifts of money or other property from any source, to be
used for the purposes of developing housing for chronically
mentally ill persons.
(5) The department shall adopt policies:
(a) To establish priorities for the use of moneys in the
Community Mental Health Housing Fund for the sole purpose of
developing housing for chronically mentally ill persons;
(b) To match public and private moneys available from other
sources for developing housing for chronically mentally ill
persons; and
(c) To administer the fund in a manner that will not exceed the
State Treasury's maximum cost per transaction.
(6) The Department of Human Services shall collaborate with the
Housing and Community Services Department to ensure the highest
return and best value for community housing from the Community
Mental Health Housing Fund.
(7) The Department of Human Services shall provide a report of
revenues to and expenditures from the Community Mental Health
Housing Fund as part of its budget submission to the Governor and
Legislative Assembly under ORS chapter 291.
SECTION 8. { + (1) The Housing and Community Services
Department Electricity Public Purpose Charge Fund is established
in the State Treasury, separate and distinct from the General
Fund. Interest earned by the Housing and Community Services
Department Electricity Public Purpose Charge Fund shall be
credited to the fund. Moneys in the fund are continuously
appropriated to the Housing and Community Services Department to
be used for purposes specified in ORS 757.612 (3)(b)(D).
(2) The Housing and Community Services Department Low-Income
Electric Bill Payment Assistance Fund is established in the State
Treasury, separate and distinct from the General Fund. Interest
earned by the Housing and Community Services Department
Low-Income Electric Bill Payment Assistance Fund shall be
credited to the fund. Moneys in the fund are continuously
appropriated to the Housing and Community Services Department for
purposes described in ORS 757.612 (7). + }
SECTION 9. ORS 757.612 is amended to read:
757.612. (1) There is established an annual public purpose
expenditure standard for electric companies to fund new
cost-effective local energy conservation, new market
transformation efforts, the above-market costs of new renewable
energy resources and new low-income weatherization. The public
purpose expenditure standard shall be funded by the public
purpose charge described in subsection (2) of this section.
(2)(a) Beginning on the date an electric company offers direct
access to its retail electricity consumers, except residential
electricity consumers, the electric company shall collect a
public purpose charge from all of the retail electricity
consumers located within its service area for a period of 10
years. Except as provided in paragraph (b) of this subsection,
the public purpose charge shall be equal to three percent of the
total revenues collected by the electric company or electricity
service supplier from its retail electricity consumers for
electricity services, distribution, ancillary services, metering
and billing, transition charges and other types of costs included
in electric rates on July 23, 1999.
(b) For an aluminum plant that averages more than 100 average
megawatts of electricity use per year, beginning on March 1,
2002, the electric company whose territory abuts the greatest
percentage of the site of the aluminum plant shall collect from
the aluminum company a public purpose charge equal to one percent
of the total revenue from the sale of electricity services to the
aluminum plant from any source.
(3)(a) The Public Utility Commission shall establish rules
implementing the provisions of this section relating to electric
companies.
(b) Subject to paragraph (e) of this subsection, funds
collected by an electric company through public purpose charges
shall be allocated as follows:
(A) Sixty-three percent for new cost-effective conservation and
new market transformation.
(B) Nineteen percent for the above-market costs of new
renewable energy resources.
(C) Thirteen percent for new low-income weatherization.
(D) Five percent shall be transferred to the Housing and
Community Services Department { - Revolving Account created
under ORS 456.574 - } { + Electricity Public Purpose Charge
Fund established by section 8 (1) of this 2007 Act + } and used
for the purpose of providing grants as described in ORS 458.625
(2). { - Moneys deposited in the account under this
subparagraph are continuously appropriated to the Housing and
Community Services Department for the purposes of ORS 458.625
(2). Interest on moneys deposited in the account under this
subparagraph shall accrue to the account. - }
(c) The costs of administering subsections (1) to (6) of this
section for an electric company shall be paid out of the funds
collected through public purpose charges. The commission may
require that an electric company direct funds collected through
public purpose charges to the state agencies responsible for
implementing subsections (1) to (6) of this section in order to
pay the costs of administering such responsibilities.
(d) The commission shall direct the manner in which public
purpose charges are collected and spent by an electric company
and may require an electric company to expend funds through
competitive bids or other means designed to encourage
competition, except that funds dedicated for low-income
weatherization shall be directed to the Housing and Community
Services Department as provided in subsection (7) of this
section. The commission may also direct that funds collected by
an electric company through public purpose charges be paid to a
nongovernmental entity for investment in public purposes
described in subsection (1) of this section. Notwithstanding any
other provision of this subsection, at least 80 percent of the
funds allocated for conservation shall be spent within the
service area of the electric company that collected the funds.
(e)(A) The first 10 percent of the funds collected annually by
an electric company under subsection (2) of this section shall be
distributed to education service districts, as described in ORS
334.010, that are located in the service territory of the
electric company. The funds shall be distributed to individual
education service districts according to the weighted average
daily membership (ADMw) of the component school districts of the
education service district for the prior fiscal year as
calculated under ORS 327.013. The commission shall establish by
rule a methodology for distributing a proportionate share of
funds under this paragraph to education service districts that
are only partially located in the service territory of the
electric company.
(B) An education service district that receives funds under
this paragraph shall use the funds first to pay for energy audits
for school districts located within the education service
district. An education service district may not expend additional
funds received under this paragraph on a school district facility
until an energy audit has been completed for that school
district. To the extent practicable, an education service
district shall coordinate with the State Department of Energy and
incorporate federal funding in complying with this paragraph.
Following completion of an energy audit for an individual school
district, the education service district may expend funds
received under this paragraph to implement the energy audit. Once
an energy audit has been conducted and completely implemented for
each school district within the education service district, the
education service district may expend funds received under this
paragraph for any of the following purposes:
(i) Conducting energy audits. A school district shall conduct
an energy audit prior to expending funds on any other purpose
authorized under this paragraph unless the school district has
performed an energy audit within the three years immediately
prior to receiving the funds.
(ii) Weatherization and upgrading the energy efficiency of
school district facilities.
(iii) Energy conservation education programs.
(iv) Purchasing electricity from environmentally focused
sources and investing in renewable energy resources.
(f) The commission may establish a different public purpose
charge than the public purpose charge otherwise described in
subsection (2) of this section for an individual retail
electricity consumer or any class of retail electricity consumers
located within the service area of an electric company, provided
that a retail electricity consumer with a load greater than one
average megawatt is not required to pay a public purpose charge
in excess of three percent of its total cost of electricity
services.
(g) The commission shall remove from the rates of each electric
company any costs for public purposes described in subsection (1)
of this section that are included in rates. A rate adjustment
under this paragraph shall be effective on the date that the
electric company begins collecting public purpose charges.
(4) An electric company that satisfies its obligations under
this section shall have no further obligation to invest in
conservation, new market transformation, new renewable energy
resources or new low-income weatherization or to provide a
commercial energy conservation services program and is not
subject to ORS 469.631 to 469.645, 469.860 to 469.900 and 758.505
to 758.555.
(5)(a) A retail electricity consumer that uses more than one
average megawatt of electricity at any site in the prior year
shall receive a credit against public purpose charges billed by
an electric company for that site. The amount of the credit shall
be equal to the total amount of qualifying expenditures for new
energy conservation, not to exceed 68 percent of the annual
public purpose charges, and the above-market costs of purchases
of new renewable energy resources incurred by the retail
electricity consumer, not to exceed 19 percent of the annual
public purpose charges, less administration costs incurred under
this subsection. The credit may not exceed, on an annual basis,
the lesser of:
(A) The amount of the retail electricity consumer's qualifying
expenditures; or
(B) The portion of the public purpose charge billed to the
retail electricity consumer that is dedicated to new energy
conservation, new market transformation or the above-market costs
of new renewable energy resources.
(b) To obtain a credit under this subsection, a retail
electricity consumer shall file with the State Department of
Energy a description of the proposed conservation project or new
renewable energy resource and a declaration that the retail
electricity consumer plans to incur the qualifying expenditure.
The State Department of Energy shall issue a notice of
precertification within 30 days of receipt of the filing, if such
filing is consistent with this subsection. The credit may be
taken after a retail electricity consumer provides a letter from
a certified public accountant to the State Department of Energy
verifying that the precertified qualifying expenditure has been
made.
(c) Credits earned by a retail electricity consumer as a result
of qualifying expenditures that are not used in one year may be
carried forward for use in subsequent years.
(d)(A) A retail electricity consumer that uses more than one
average megawatt of electricity at any site in the prior year may
request that the State Department of Energy hire an independent
auditor to assess the potential for conservation investments at
the site. If the independent auditor determines there is no
available conservation measure at the site that would have a
simple payback of one to 10 years, the retail electricity
consumer shall be relieved of 54 percent of its payment
obligation for public purpose charges related to the site. If the
independent auditor determines that there are potential
conservation measures available at the site, the retail
electricity consumer shall be entitled to a credit against public
purpose charges related to the site equal to 54 percent of the
public purpose charges less the estimated cost of available
conservation measures.
(B) A retail electricity consumer shall be entitled each year
to the credit described in this subsection unless a subsequent
independent audit determines that new conservation investment
opportunities are available. The State Department of Energy may
require that a new independent audit be performed on the site to
determine whether new conservation measures are available,
provided that the independent audits shall occur no more than
once every two years.
(C) The retail electricity consumer shall pay the cost of the
independent audits described in this subsection.
(6) Electric utilities and retail electricity consumers shall
receive a fair and reasonable credit for the public purpose
expenditures of their energy suppliers. The State Department of
Energy shall adopt rules to determine eligible expenditures and
the methodology by which such credits are accounted for and used.
The rules also shall adopt methods to account for eligible public
purpose expenditures made through consortia or collaborative
projects.
(7)(a) In addition to the public purpose charge provided under
subsection (2) of this section, beginning on October 1, 2001, an
electric company shall collect funds for low-income electric bill
payment assistance in an amount determined under paragraph (b) of
this subsection.
(b) The total amount collected for low-income electric bill
payment assistance under this section shall be $10 million per
year. The commission shall determine each electric company's
proportionate share of the total amount. The commission shall
determine the amount to be collected from a retail electricity
consumer, except that a retail electricity consumer is not
required to pay more than $500 per month per site for low-income
electric bill payment assistance.
(c) Funds collected by the low-income electric bill payment
assistance charge shall be paid into the Housing and Community
Services Department { - Revolving Account created under ORS
456.574 - } { + Low-Income Electric Bill Payment Assistance Fund
established by section 8 (2) of this 2007 Act + }. Moneys
deposited in the { - account - } { + fund + } under this
paragraph { - are continuously appropriated to - } { + shall
be used by + } the Housing and Community Services Department for
the purpose of funding low-income electric bill payment
assistance.
{ - Interest earned on moneys deposited in the account under
this paragraph shall accrue to the account. - } The department's
cost of administering this subsection shall be paid out of funds
collected by the low-income electric bill payment assistance
charge. Moneys deposited in the { - account - } { + fund + }
under this paragraph shall be expended solely for low-income
electric bill payment assistance. Funds collected from an
electric company shall be expended in the service area of the
electric company from which the funds are collected.
(d) The Housing and Community Services Department, in
consultation with the federal Advisory Committee on Energy, shall
determine the manner in which funds collected under this
subsection will be allocated by the department to energy
assistance program providers for the purpose of providing
low-income bill payment and crisis assistance, including programs
that effectively reduce service disconnections and related costs
to retail electricity consumers and electric utilities. Priority
assistance shall be directed to low-income electricity consumers
who are in danger of having their electricity service
disconnected.
(e) { - Notwithstanding ORS 293.140, - } Interest on moneys
deposited in the Housing and Community Services Department
{ - Revolving Account under this subsection shall accrue to the
account and - } { + Low-Income Electric Bill Payment Assistance
Fund established by section 8 (2) of this 2007 Act + } may be
used to provide heating bill payment and crisis assistance to
electricity consumers whose primary source of heat is not
electricity.
(f) Notwithstanding ORS 757.310, the commission may allow an
electric company to provide reduced rates or other payment or
crisis assistance or low-income program assistance to a
low-income household eligible for assistance under the federal
Low Income Home Energy Assistance Act of 1981, as amended and in
effect on July 23, 1999.
(8) For purposes of this section, 'retail electricity
consumers' includes any direct service industrial consumer that
purchases electricity without purchasing distribution services
from the electric utility.
SECTION 10. ORS 291.002 is amended to read:
291.002. { - Except as otherwise provided in ORS 291.201 and
291.230, - } As used in ORS 291.001 to 291.034, 291.201 to
291.222, 291.230 to 291.260, 291.261, 291.307 and 291.990, unless
the context requires otherwise:
(1) 'Classification of expenditures' means the major groups or
categories of expenditures for the purpose of budget-making and
accounting that are established as provided in ORS 291.206.
{ + (2) 'Dedicated fund' means a fund in the State Treasury,
or a separate account or fund in the General Fund in the State
Treasury, that by law is dedicated, appropriated or set aside for
a limited object or purpose, but 'dedicated fund' does not
include a revolving fund or a trust fund. + }
{ - (2) - } { + (3) + } 'Department' means the Oregon
Department of Administrative Services.
{ - (3) - } { + (4) + } 'Director' means the Director of
the Oregon Department of Administrative Services.
{ - (4) 'Dedicated fund' means a fund in the State Treasury,
or a separate account or fund in the General Fund in the State
Treasury, that by law is dedicated, appropriated or set aside for
a limited object or purpose; but 'dedicated fund' does not
include a revolving fund or a trust fund. - }
(5) 'Legislatively adopted budget' means the budget enacted by
the Legislative Assembly during a regular session.
(6) 'Legislatively approved budget' means the legislatively
adopted budget as modified by the Emergency Board or by the
Legislative Assembly meeting in special session.
(7) 'Revolving fund' means a fund in the State Treasury,
established by law, from which is paid the cost of goods or
services furnished to or by a state agency, and which is
replenished through charges made for such goods or services or
through transfers from other accounts or funds; and specifically
includes funds derived from receipts by the State Board of Higher
Education of tuition, fees, dormitory earnings, student activity
receipts and sales of products and services incident to education
functions.
{ - (8) 'Trust fund' means a fund in the State Treasury in
which designated persons or classes of persons have a vested
beneficial interest or equitable ownership, or which was created
or established by a gift, grant, contribution, devise or bequest
that limits the use of the fund to designated objects or
purposes. - }
{ - (9) - } { + (8) + } 'State agency' or 'agency' means
every state officer, board, commission, department, institution,
branch or agency of the state government, whose costs are paid
wholly or in part from funds held in the State Treasury, except:
(a) The Legislative Assembly, the courts and their officers and
committees;
(b) The Public Defense Services Commission; and
(c) The Secretary of State and the State Treasurer in the
performance of the duties of their constitutional offices.
{ - (10) - } { + (9) + } 'State officer' means any elected
or appointed state officer, including members of boards and
commissions, except the members and officers of the Legislative
Assembly, the courts, the Secretary of State and the State
Treasurer in the performance of the duties of their
constitutional offices and the members of the Public Defense
Services Commission.
{ + (10) 'Trust fund' means a fund in the State Treasury in
which designated persons or classes of persons have a vested
beneficial interest or equitable ownership, or which was created
or established by a gift, grant, contribution, devise or bequest
that limits the use of the fund to designated objects or
purposes. + }
SECTION 11. ORS 291.201 is amended to read:
291.201. { - Notwithstanding ORS 291.002 (9) and (10), as
used in ORS 291.201 to 291.222: - }
{ - (1) 'State agency' or 'agency' means every state officer,
board, commission, department, institution, branch or agency of
the state government, whose costs are paid wholly or in part from
funds held in the State Treasury, except: - }
{ - (a) The Legislative Assembly, the courts and their
officers and committees; and - }
{ - (b) The Public Defense Services Commission. - }
{ - (2) 'State officer' means any elected or appointed state
officer, including members of boards and commissions, except the
members and officers of the Legislative Assembly, the courts and
the members of the Public Defense Services Commission. - }
{ - (3) - } { + As used in ORS 291.201 to 291.222, + } 'tax
expenditure ' means any law of the federal government or this
state that exempts, in whole or in part, certain persons, income,
goods, services or property from the impact of established taxes,
including but not limited to tax deductions, tax exclusions, tax
subtractions, tax exemptions, tax deferrals, preferential tax
rates and tax credits.
SECTION 12. { + ORS 291.230 and 291.280 are repealed. + }
SECTION 13. { + This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2007 Act takes effect
July 1, 2007. + }
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