75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
CCA to B-Eng. HB 3039
 
LC 3567/HB 3039-B27
 
               CONFERENCE COMMITTEE AMENDMENTS TO
                   B-ENGROSSED HOUSE BILL 3039
 
                             June 22
 
 
 
 
                         Amended Summary
  Directs Public Utility Commission to establish { + , prior to
April 1, 2010, + } pilot program for each electric company to
demonstrate use and effectiveness of incentive rates and payments
for electricity delivered from equipment and devices that have
primary purpose of collecting solar energy and generating
electricity by photovoltaic effect. Directs commission to report
on implementation of pilot programs to Legislative Assembly on or
before January 1, 2011.
   { +  Requires each electric company to maintain, on or before
January 1, 2020, specified generating capacity from certain
alternative energy or solar photovoltaic energy systems. Requires
total solar photovoltaic generating nameplate capacity from
qualifying systems to be, on or before January 1, 2020, specified
amount of alternating current.
  Allows electric companies to use electricity produced by
qualifying systems to comply with renewable portfolio standard
established by statute. + }
  Declares emergency, effective on passage.
 
Speaker Hunt:
  Your Conference Committee to whom was referred B-engrossed
House Bill 3039, having had the same under consideration,
respectfully reports it back with the recommendation that the
House concur in the Senate amendments dated June 8 and that the
bill be amended as follows and repassed.
 
  On page 1 of the printed B-engrossed bill, line 4, delete ' 3'
and insert '5'.
  In line 16, delete 'customer' and insert 'retail electricity
consumer'.
  In line 17, delete 'customer' and insert 'retail electricity
consumer'.
  In line 21, after 'design,' insert 'interconnection,' and after
'standards' insert 'and codes'.
  On page 2, line 11, after '(1)' insert 'Prior to April 1,
2010,'.
  In line 16, after the period insert 'Qualifying systems
enrolled in the pilot program may not have nameplate generating
capacity greater than 500 kilowatts.'.
  In line 25, after the period insert 'The consumer thereafter
may receive payments based upon the actual electricity generated
from the qualifying system at a rate equal to the resource
value.'.
  In line 31, delete 'small-scale qualifying systems' and insert
'smaller-scale qualifying systems within the allowed generating
capacity range'.
  On page 3, after line 20, insert:
 
  '  { +  SECTION 3. + }  { + (1) On or before January 1, 2020,
the total solar photovoltaic generating nameplate capacity, from
qualifying systems generating at least 500 kilowatts, of all
electric companies in this state must be at least 20 megawatts of
alternating current with no single project greater than five
megawatts of alternating current.
  ' (2) For the purpose of complying with the solar photovoltaic
generating capacity standard established by this section, on or
before January 1, 2020, each electric company is required to
maintain a minimum generating capacity from qualifying systems.
The minimum generating capacity for each electric company is
determined by multiplying 20 megawatts by a fraction equal to the
electric company's share of all retail electricity sales made in
this state in 2008 by all electric companies.
  ' (3) For the purposes of sections 1 to 5 of this 2009 Act,
capacity of a solar photovoltaic energy system is measured on the
alternating current side of the system's inverter using the
measurement standards set forth by the Public Utility Commission
by rule. If the system does not use an inverter, the measurement
shall be made at the direct current level.
  ' (4) An electric company may satisfy the solar photovoltaic
generating capacity standard established by this section with
solar photovoltaic energy systems owned by the company or with
contracts for the purchase of electricity from qualifying
systems.
  ' (5) All costs prudently incurred by an electric company to
comply with the solar photovoltaic generating capacity standard
established by this section are recoverable in the company's
rates and are eligible for an automatic adjustment clause
established by the commission under ORS 469A.120.
  ' (6) Costs associated with compliance with the solar
photovoltaic generating capacity standard established by this
section are not above-market costs for purposes of ORS 757.600 to
757.689.
  ' (7) The commission may adopt rules implementing and enforcing
this section. + }
  '  { +  SECTION 4. + }  { + (1) Any electricity produced from a
qualifying system under section 3 of this 2009 Act that is
physically located in this state may be used by an electric
company to comply with the renewable portfolio standard
established under ORS 469A.005 to 469A.210.
  ' (2) For each kilowatt-hour of electricity produced from a
qualifying system that first becomes operational before January
1, 2016, and generates at least 500 kilowatts, an electric
company will be credited with two kilowatt-hours of qualifying
electricity toward the company's compliance with the renewable
portfolio standard under ORS 469A.005 to 469A.210, up to a
maximum of 20 megawatts of capacity. + }
  '  { +  SECTION 5. + }  { + Sections 1 to 5 of this 2009 Act
apply only to qualifying systems that are solar photovoltaic
energy systems. + } ' .
  In line 21, delete '3' and insert '6'.
  In line 36, delete '4' and insert '7'.
  In line 39, after the period insert 'In compiling its report,
the commission shall also consider regulatory policies designed
to increase the use of solar photovoltaic energy systems, make
them more affordable, reduce the cost of incentive programs to
utility customers and promote the development of the solar
industry in Oregon. The commission's report must compare policy
options with respect to their impact on utility customers and
solar industry development in Oregon.'.
  Delete line 40 and insert:
  '  { +  SECTION 8. + }  { + Nothing in sections 1 to 5 and 6 of
this 2009 Act affects the authority of the Public Utility
Commission to set fair and reasonable rates as authorized under
ORS 756.040 (1). + }
  '  { +  SECTION 9. + }  { + Section 6 of this 2009 Act becomes
operative on April 1, 2010. + } ' .
  In line 41, delete '6' and insert '10'.
 
                         /sTobias Read
                           Representative
 
                         /sVic Gilliam
                           Representative
 
                         /sLarry Galizio
                           Representative
 
                         /sJackie Dingfelder
                           Senator
 
                         /sLarry George
                           Senator
 
                         /sRick Metsger
                           Senator
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