75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1762
House Bill 2758
Sponsored by Representative ESQUIVEL; Representatives GARRARD, G
SMITH
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.
Requires public agency to include amount in contract for
construction, reconstruction or major renovation of public
building equivalent to 1.5 percent of total contract price for
inclusion of appropriate green energy technology.
A BILL FOR AN ACT
Relating to green energy technology in public buildings; creating
new provisions; and amending ORS 279C.527 and 279C.528.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 279C.527 is amended to read:
279C.527. { + (1) As used in this section and in ORS 279C.528,
' green energy technology' means technology or a system that
employs:
(a) On-site wind energy generation;
(b) On-site geothermal energy generation;
(c) Hydroelectric energy generated by a facility of not more
than 10 megawatts of capacity;
(d) Biomass as an energy source;
(e) Solar electric or solar thermal systems and passive solar
energy systems that achieve a reduction in energy usage of at
least 20 percent; or
(f) Conservation techniques that achieve a reduction in energy
usage of at least 20 percent. + }
{ - (1) - } { + (2) + } 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 - } { + green + } 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) - } { + (3) + } Before entering into a public
improvement contract described in subsection { - (1) - }
{ + (2) + } of this section, a contracting agency shall prepare
a written determination of whether the inclusion of
{ - solar - } { + green + } 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 - }
{ + green + } energy technology in the public building. The
State Department of Energy shall develop a form { - usable by
contracting agencies for preparing - } { + that a contracting
agency may use to prepare + } the written determination described
in this subsection.
{ - (3) - } { + (4) + } If the contracting agency
determines that { - it would be inappropriate to include
solar - } { + including green + } energy technology in the
construction, reconstruction or major renovation of the public
building { + is not appropriate + }, subsection { - (1) - }
{ + (2) + } 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 - } { + green + } 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) - } { + (2) + } of this section for the inclusion of
appropriate { - solar - } { + green + } energy technology in
the future public building project.
{ - (4) - } { + (5) + } Subsection { - (3)(a) - }
{ + (4)(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) - } { + (6) + } 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 - } { + green + } energy technology
described in this section is appropriate for inclusion in the
construction, reconstruction or major renovation of a public
building.
{ - (6)(a) - } { + (7)(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 2. ORS 279C.528 is amended to read:
279C.528. Public improvement contracts subject to ORS 279C.527
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 - } { + green + } energy
{ - systems or - } technologies in public improvements;
(2) Determining the cost-effectiveness of { - solar - } { +
green + } energy { - systems or - } technologies;
(3) Reporting the use of { - solar - } { + green + } 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 ORS 279C.527.
SECTION 3. { + The amendments to ORS 279C.527 and 279C.528 by
sections 1 and 2 of this 2009 Act apply to contracts for the
construction, reconstruction or major renovation of public
buildings that are first advertised or, if not advertised, first
entered into on or after the effective date of this 2009 Act. + }
----------