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 3347
 
                         House Bill 3461
 
Sponsored by COMMITTEE ON RULES
 
 
                             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.
 
  Expands list of options available for compliance with renewable
portfolio standards.
 
                        A BILL FOR AN ACT
Relating to demand-side management actions; creating new
  provisions; and amending ORS 469A.025.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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 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.
   { +  (7)(a) Reduced electricity consumption resulting from
demand-side management actions specified in paragraph (b) of this
subsection may be used to comply with a renewable portfolio
standard. The State Department of Energy by rule shall establish
a formula for the conversion of reduced electricity consumption
to equivalent electricity generation.
  (b) Demand-side management actions include, but are not limited
to:
  (A) Energy efficiency technologies, management practices or
other strategies that reduce the electricity consumption of
residential, commercial, institutional or governmental consumers;
  (B) Load management or demand response technologies, management
practices or other strategies applicable to residential,
commercial, institutional or governmental consumers that shift
electric load from periods of high demand to periods of low
demand; and
  (C) Industrial by-product technologies that use a by-product
from an industrial process, including but not limited to the
reuse of energy from exhaust gases or other manufacturing
by-products that are used in the direct production of electricity
at the facility of a consumer. + }
    { - (7) - }   { + (8) + } 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) - }   { + (7) + } of this section may be used to comply
with a renewable portfolio standard.
    { - (8) - }   { + (9) + } 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.
  SECTION 2.  { + A customer of a utility that implements
demand-side management actions specified in ORS 469A.025 (7) owns
any renewable energy certificates attributable to the actions.
The owner may trade, sell or take any other action available for
the owner's renewable energy certificates under the system
established pursuant to ORS 469A.130. + }
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