74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
HA to SB 375 (A to RC)
LC 1895/SB 375-7
HOUSE AMENDMENTS TO
SENATE BILL 375
(INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
By COMMITTEE ON ENERGY AND THE ENVIRONMENT
May 24
On page 2 of the printed bill, delete lines 33 through 36.
In line 37, delete '(13)' and insert '(12)'.
In line 41, delete '(14)' and insert '(13)'.
In line 45, delete '(15)' and insert '(14)'.
On page 3, line 3, delete '(16)' and insert '(15)'.
In line 5, delete '(17)' and insert '(16)'.
In line 7, delete '(18)' and insert '(17)'.
In line 9, delete '(19)' and insert '(18)'.
In line 12, delete '(20)' and insert '(19)'.
Delete lines 14 through 22.
In line 23, delete '(22)' and insert '(20)'.
In line 25, delete '(23)' and insert '(21)'.
In line 27, delete '(24)' and insert '(22)'.
In line 40, delete '(25)' and insert '(23)'.
On page 4, line 4, delete '(26)' and insert '(24)'.
In line 6, delete '(27)' and insert '(25)'.
In line 10, delete '(28)' and insert '(26)'.
In line 14, delete '(29)' and insert '(27)'.
In line 16, delete '(30)' and insert '(28)'.
On page 8, delete lines 35 through 38.
In line 39, delete '(18)(a)' and insert '(17)(a)'.
On page 9, line 23, after '(a)' insert 'of this subsection'.
Delete lines 36 through 45.
On page 10, delete lines 1 through 7.
In line 8, delete the first '4' and insert '3'.
In line 16, delete 'residential furnace,'.
In line 26, delete '5' and insert '4'.
In line 33, delete 'residential'.
In line 34, delete 'furnace,'.
In line 41, delete '6' and insert '5'.
On page 11, after line 19, insert:
' { + SECTION 5a. + } { + If House Bill 2565 becomes law,
section 5 of this 2007 Act (amending ORS 469.255) is repealed and
ORS 469.255, as amended by section 6, chapter ___, Oregon Laws
2007 (Enrolled House Bill 2565), is amended to read: + }
' 469.255. (1) A manufacturer of a product specified in ORS
469.238 that is sold or offered for sale, or installed or offered
for installation, in this state shall test samples of the
manufacturer's products in accordance with the test methods
specified in ORS 469.233 or, if more stringent, those specified
in the state building code.
' (2) If the test methods for products required to be tested
under this section are not provided for in ORS 469.233 or in the
state building code, the State Department of Energy shall adopt
test methods for these products. The department shall use test
methods approved by the United States Department of Energy or, in
the absence of federal test methods, other appropriate nationally
recognized test methods for guidance in adopting test methods.
The State Department of Energy may periodically review and revise
its test methods.
' (3) A manufacturer of a product regulated pursuant to ORS
469.229 to 469.261 { + , except for manufacturers of
single-voltage external AC to DC power supplies, walk-in
refrigerators and walk-in freezers, + } shall certify to the
State Department of Energy that the products are in compliance
with the minimum energy efficiency standards specified in ORS
469.233. The department shall establish rules governing the
certification of these products and may coordinate with the
certification { + and testing + } programs of other states and
federal agencies with similar standards.
' (4)(a) The department shall establish rules governing the
identification of the products that comply with the minimum
energy efficiency standards specified in ORS 469.233. The rules
shall be coordinated to the greatest extent practicable with the
labeling programs of other states and federal agencies with
equivalent efficiency standards.
' (b) Identification required under paragraph (a) of this
subsection shall be by means of a mark, label or tag on the
product and packaging at the time of sale or installation.
' (c) The department shall waive marking, labeling or tagging
requirements for products marked, labeled or tagged in compliance
with federal requirements or for products certified pursuant to
subsection (3) of this section, unless the department determines
that state marking, labeling or tagging is required to provide
adequate energy efficiency information to the consumer.'.
In line 20, delete '7' and insert '6'.
In line 25, delete 'subsection (1) of this section' and insert
'paragraph (a) of this subsection'.
In line 32, delete 'subsection (1) of this section' and insert
'paragraph (a) of this subsection' and delete 'of the de-'.
In line 33, delete 'partment'.
On page 12, after line 4, insert:
' { + SECTION 6a. + } { + If House Bill 2565 becomes law,
section 6 of this 2007 Act (amending ORS 469.261) is repealed and
ORS 469.261, as amended by section 7, chapter ___, Oregon Laws
2007 (Enrolled House Bill 2565), is amended to read: + }
' 469.261. (1)(a) Notwithstanding ORS 469.233, the State
Department of Energy shall periodically review the minimum energy
efficiency standards specified in ORS 469.233.
' { - (b) After the review pursuant to paragraph (a) of this
subsection, the Director of the State Department of Energy may
adopt rules to update the minimum energy efficiency standards
specified in ORS 469.233 if the director determines that: - }
' { - (A)(i) Adjoining states with similar minimum energy
efficiency standards for new products have modified the standards
applicable to products governed by ORS 469.233 and the modified
minimum efficiency standards adopted in such states are
consistent with the energy policy of ORS 469.010; and - }
' { - (ii) Failure to change the minimum energy efficiency
standards specified in ORS 469.233 would impose a substantial
hardship on manufacturers, retailers or the public; or - }
' { - (B) The modified minimum efficiency standards are
necessary due to federal action or to the outcome of
collaborative consultations with manufacturers and the energy
departments of other states. - }
' { + (b) After the review pursuant to paragraph (a) of this
subsection, the Director of the State Department of Energy may
adopt rules to update the minimum energy efficiency standards
specified in ORS 469.233 if the director determines that the
standards need to be updated:
' (A) To promote energy conservation in the state;
' (B) To achieve cost-effectiveness for consumers; or
' (C) Due to federal action or to the outcome of collaborative
consultations with manufacturers and the energy departments of
other states. + }
' (c)(A) In addition to the rules adopted under paragraph (b)
of this subsection, the director may postpone by rule the
operative date of any of the minimum { + energy + } efficiency
standards specified in ORS 469.233 if the director determines
that:
' (i) Adjoining states with similar minimum energy efficiency
standards have postponed the operative date of their
corresponding minimum { + energy + } efficiency standards; or
' (ii) Failure to modify the operative date of any of the
minimum energy efficiency standards would impose a substantial
hardship on manufacturers, retailers or the public.
' (B)(i) The director may not postpone the operative date of a
minimum energy efficiency standard under subparagraph (A) of this
paragraph for more than one year.
' (ii) If at the end of the first postponement period the
director determines that adjoining states have further postponed
the operative date of minimum { + energy + } efficiency
standards and the requirements of { - sub-subparagraph - }
{ + subparagraph + } (A) of this paragraph continue to be met,
the director may postpone the operative date for not more than
one additional year.
' { + (d) After the review pursuant to paragraph (a) of this
subsection, the director may adopt rules to establish new minimum
energy efficiency standards if the director determines that new
standards are needed:
' (A) To promote energy conservation in the state;
' (B) To achieve cost-effectiveness for consumers; or
' (C) Due to federal action or to the outcome of collaborative
consultations with manufacturers and the energy departments of
other states.
' (e) If the director adopts rules under paragraph (b) of this
subsection to update the minimum energy efficiency standards
specified in ORS 469.233 or under paragraph (d) of this
subsection to establish new minimum energy efficiency standards:
' (A) The rules may not take effect until one year following
their adoption by the director; and
' (B) The Governor shall cause to be introduced at the next
Legislative Assembly a bill to conform the statutory minimum
energy efficiency standards to the minimum energy efficiency
standards adopted by the director by rule. + }
' { - (2) If the director adopts rules under subsection (1)(b)
of this section to update the minimum energy efficiency standards
specified in ORS 469.233 or under of subsection (1)(c) of this
section to postpone the operative dates of the minimum energy
efficiency standards specified in ORS 469.233, then the Governor
shall cause to be introduced at the next Legislative Assembly a
bill to conform the statutory minimum energy efficiency standards
and operative dates to the minimum energy efficiency standards
and operative dates adopted by the director by rule. - }
' { + (2) If the director determines that implementation of a
state minimum energy efficiency standard requires a waiver of
federal preemption, the director shall apply for a waiver of
federal preemption pursuant to 42 U.S.C. 6297(d). + } ' .
In line 5, delete '8' and insert '7' and delete '(1)'.
In line 6, delete '(18)(a) become operative on' and insert '
(17)(a) applies to walk-in refrigerators and walk-in freezers on
or after'.
Delete lines 7 through 12 and insert:
' { + SECTION 8. + } { + (1) The amendments to ORS 469.238
by section 3 of this 2007 Act become operative on September 1,
2009.
' (2) The amendments to ORS 469.239 by section 4 of this 2007
Act become operative on September 1, 2010. + } ' .
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