75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 2940
 
LC 3295/HB 2940-5
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2940
 
     By COMMITTEE ON SUSTAINABILITY AND ECONOMIC DEVELOPMENT
 
                            April 30
 
  In line 2 of the printed bill, after the semicolon delete the
rest of the line and insert 'creating new provisions; and
amending ORS 469A.020 and 469A.025.'.
  In line 22, after '1995,' insert 'and is located in this
state'.
  After line 24, insert:
  '  { +  SECTION 2. + }  { + To facilitate the creation of
hydrogen power stations using anhydrous ammonia as a fuel source
to comply with the renewable portfolio standards under ORS
469A.005 to 469A.210, the Public Utility Commission may allow
full recovery of costs by public utilities in prudent energy
investments related to the planning, financing, construction and
operation of hydrogen power stations. These investments include,
but are not limited to:
  ' (1) Systems designed to synthesize anhydrous ammonia fuel
using electricity generated from renewable energy sources listed
in ORS 469A.025;
  ' (2) Infrastructure designed to store anhydrous ammonia
generated from renewable energy sources as a nonpolluting fuel
for electric power generation and for other purposes;
  ' (3) Energy systems designed to use anhydrous ammonia
generated from renewable energy sources as a fuel to generate
electric power; and
  ' (4) Electronic control and management systems designed to
effectively integrate hydrogen power station processes into the
electric power grid. + }
  '  { +  SECTION 3. + } ORS 469A.025 is amended to read:
  ' 469A.025. (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 by-products 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;
  ' (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 ORS 469A.020 (4) 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 { + , including
electricity generated by hydrogen power stations using anhydrous
ammonia as a fuel source,  + }  { - 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 { +
if:
  ' (a) The energy is derived from:
  ' (A) Any source of energy described in subsections (1) and (2)
of this section; or
  ' (B) A hydroelectric facility that complies with subsection
(4) of this section and is from a certified low-impact
hydroelectric facility described in ORS 469A.020 (4); and
  ' (b) The output of the original source of energy is not also
used to comply with the 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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