75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to A-Eng. HB 2940
 
LC 3295/HB 2940-A18
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2940
 
                      By COMMITTEE ON RULES
 
                             June 25
 
  On page 1 of the printed A-engrossed bill, line 17, delete '
(5)' and insert '(6)'.
  Delete lines 22 through 26 and insert:
  ' (5)(a) Electricity from a generating facility that uses
biomass and that became operational before January 1, 1995, and
is located in this state may be used to comply with a renewable
portfolio standard if the facility meets the requirements to
qualify under the Public Utility Regulatory Policies Act of 1978
(P.L. 95-617) on the effective date of this 2009 Act whether
currently acknowledged as qualified by the Public Utility
Commission or not.
  ' (b) The amount of generating capacity eligible to receive
renewable energy certificates generated by all facilities
qualified under paragraph (a) of this subsection may not exceed
100 megawatts in any calendar year. If the total amount of
generating capacity generated by all facilities qualified under
paragraph (a) of this subsection is greater than 100 megawatts in
a calendar year, then each generator shall be eligible to receive
certificates for the proportion of total generating capacity
generated by the facility, multiplied by 100 megawatts.
  ' (c) Renewable energy certificates derived from electricity
generated by a facility qualifying under paragraph (a) of this
subsection may not be used to comply with a renewable portfolio
standard prior to January 1, 2015. However, renewable energy
certificates issued prior to January 1, 2015, may be banked under
ORS 469A.005 to 469A.210 for use after January 1, 2015.
  ' (d) If the owner or operator of a generating facility
qualifying under paragraph (a) of this subsection makes
cumulative investments in the generating facility between January
1, 2007, and January 1, 2020, equal to at least 80 percent of the
2007 real market value of the generating facility, then the
generating facility shall be classified as having become
operational on or after January 1, 1995, for the purposes of this
section.
  ' (e) After January 1, 2020, electricity from a generating
facility that uses biomass and became operational before January
1, 1995, may not be used to comply with a renewable portfolio
standard.
  ' (6) A facility generating electricity from direct combustion
of municipal solid waste that became operational prior to January
1, 1995, and is located in this state may be used to comply with
a renewable portfolio standard for up to 11 average megawatts of
electricity generated per year. Renewable energy certificates
derived from electricity generated by a facility qualifying under
this subsection may not be used to comply with a renewable
portfolio standard prior to January 1, 2015. However, renewable
energy certificates issued prior to January 1, 2015, may be
banked under ORS 469A.005 to 469A.210 for use after January 1,
2015.'.
  On page 2, line 34, delete the colon.
  Delete line 35.
  In line 36, delete '(b)'.
  After line 45, insert:
  ' (5) Direct combustion of municipal solid waste in a
generating facility located in this state may be used to comply
with a renewable portfolio standard. The qualification of a
municipal solid waste facility for use in compliance with a
renewable portfolio standard has no effect on the qualification
of such a facility for a tax credit under ORS 469.185 to 469.225
as such qualification existed prior to the effective date of this
2009 Act.'.
  On page 3, line 1, delete '(5)' and insert '(6)'.
  In line 6, delete '(6)' and insert '(7)'.
  In line 16, delete '(7)' and insert '(8)'.
  In line 17, delete '(6)' and insert '(7)'.
  In line 19, delete '(8)' and insert '(9)'.
  After line 22, insert:
  '  { +  SECTION 4. + }  { + The State Department of Energy may
certify as eligible for renewable energy certificates a facility
that becomes qualified under the amendments to ORS 469A.020 and
469A.025 by sections 1 and 3 of this 2009 Act only for
electricity generated on or after January 1, 2011. + }
  '  { +  SECTION 5. + }  { + (1) To be eligible for receipt of
renewable energy certificates, the owner or operator of a
generating facility eligible to receive renewable energy
certificates under the amendments to ORS 469A.020 by section 1 of
this 2009 Act must register the generating facility with the
Western Renewable Energy Generation Information System or other
regional system or trading program designated by the State
Department of Energy prior to April 1, 2010.
  ' (2) The department shall calculate each eligible generating
facility's share of the capacity allowed under ORS 469A.020 as
amended by section 1 of this 2009 Act based upon the generating
facility's generating capacity filed under subsection (1) of this
section. For the purposes of certifying a facility output as
eligible for a renewable portfolio standard, the department may
also factor in the ratio of the total generation during the most
recent year of operation of all facilities that have registered
under subsection (1) of this section to a target of 100 average
megawatts of generated electricity per year. + }
  '  { +  SECTION 6. + }  { + If this 2009 Act is declared
unconstitutional, it is the intent of the Legislative Assembly
that all sections amended or repealed by this 2009 Act shall
remain in effect the same as if this 2009 Act had not been
enacted. + } ' .
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