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 603
Senate Bill 101
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for State Department of Energy)
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.
Makes legislative findings regarding global warming and
electricity. Requires State Department of Energy to establish
greenhouse gas emissions performance standard for generating
facilities that produce baseload electricity.
Prohibits electricity provider from entering into long-term
financial commitment unless generating facility complies with
greenhouse gas emissions performance standard. Prohibits Public
Utility Commission from approving long-term financial commitment
by electric company unless generating facility complies with
greenhouse gas emissions performance standard. Requires State
Department of Energy to ensure consumer-owned utility complies
with greenhouse gas emissions performance standard.
Modifies definition of 'energy facility' for purposes of
regulation of energy facilities. Modifies circumstances in which
site certificate not required.
A BILL FOR AN ACT
Relating to greenhouse gas; creating new provisions; and amending
ORS 469.300 and 469.320.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Legislative findings. + } { + The Legislative
Assembly finds that:
(1) Global warming will have serious adverse consequences on
the economy, health and environment of Oregon;
(2) Oregon seeks to reduce its greenhouse gas emissions to 10
percent below 1990 levels by 2020 and 75 percent below 1990
levels by 2050;
(3) Over the past three decades Oregon has taken significant
strides toward implementing an environmentally and economically
sound energy policy through reliance on energy efficiency,
conservation and renewable energy resources in order to promote a
sustainable energy future that ensures an adequate and reliable
energy supply at reasonable and stable prices;
(4) Oregon's investor-owned electric utilities currently have
resource plans that include proposals for making new long-term
financial commitments to electricity generating resources over
the next decade that will generate electricity until 2030 or
longer;
(5) Federal regulation of greenhouse gas emissions is likely to
occur;
(6) It is vital that all electricity providers take steps to
reduce Oregon's exposure to costs associated with future federal
regulation of greenhouse gas emissions;
(7) Establishing a policy to reduce greenhouse gas emissions,
including an emissions performance standard for all procurement
of electricity by electricity providers, is a logical and
necessary step to meet Oregon's goals for the reduction of
greenhouse gas emissions;
(8) A greenhouse gas emissions performance standard for new
long-term financial commitments to electricity generating
resources will reduce potential financial risk to Oregon
consumers for future pollution control costs and future
reliability problems in electricity supplies;
(9) In order to have meaningful impact on climate change,
Oregon's goals to reduce greenhouse gas emissions must be applied
to the state's electricity consumption, as well as the state's
electricity production; and
(10) The Public Utility Commission and three other state public
utility commissions in the region have jointly recognized
electricity procurement standards as a component in meeting goals
to reduce greenhouse gas emissions, with California already
having implemented a standard. + }
SECTION 2. { + Definitions. As used in sections 1 to 6 of
this 2009 Act:
(1) 'Baseload electricity' means electricity produced by a
generating facility that is designed to:
(a) Provide electricity on a continuous basis; and
(b) During any one-year period, produce at least 60 percent of
the electricity the facility could produce if the facility were
operated throughout the period at the facility's nominal electric
generating capacity as defined in ORS 469.300.
(2) 'Consumer-owned utility' has the meaning given that term in
ORS 757.600.
(3) 'Electric company' has the meaning given that term in ORS
757.600.
(4) 'Electricity provider' means an electric company,
electricity service supplier or consumer-owned utility.
(5) 'Electricity service supplier' has the meaning given that
term in ORS 757.600.
(6) 'Generating facility' includes one or more electricity
generators operating at the same location.
(7) 'Greenhouse gas' has the meaning given that term in ORS
468A.210.
(8) 'Long-term financial commitment' means either an investment
in a generating facility that produces baseload electricity, or a
contract with a term of five or more years that includes
acquisition of baseload electricity. + }
SECTION 3. { + Greenhouse gas emissions performance standard.
(1) The State Department of Energy by rule shall establish a
greenhouse gas emissions performance standard for generating
facilities that produce baseload electricity. The department
shall consult with the Public Utility Commission before adopting
the greenhouse gas emissions performance standard.
(2) The greenhouse gas emissions performance standard adopted
by the department under this section must establish a limit for
emissions of greenhouse gas by a generating facility that is no
higher than the rate of emissions of greenhouse gas from
combined-cycle natural gas generating facilities that employ a
combination of one or more gas turbines and one or more steam
turbines and produce electricity in the steam turbine or turbines
from waste heat produced by the gas turbine or turbines.
(3) For the purpose of establishing the greenhouse gas
emissions performance standard, the department shall use an
output-based methodology to ensure that the calculation of
greenhouse gas emissions through cogeneration recognizes the
total usable energy output of the process and includes all
greenhouse gas emitted by the generating facility in the
production of both electrical and thermal energy.
(4) In establishing the greenhouse gas emissions performance
standard, the department shall consider the effects of the
standard on system reliability and overall costs to electricity
customers. The department shall consult with the commission in
determining the effects of the standard on system reliability and
overall costs to electricity customers.
(5) The greenhouse gas emissions performance standard
established by the department must include provisions governing
long-term purchases of electricity from unspecified sources.
(6) The department by rule shall establish standards for the
injection of carbon dioxide into geological formations to prevent
the release of the carbon dioxide into the atmosphere. Carbon
dioxide produced by a generating facility that is injected into a
geological formation in compliance with the standards adopted by
the department may not be counted as emissions from the
generating facility for the purposes of the greenhouse gas
emissions performance standard. The department shall consult with
the commission before adopting standards under this subsection.
(7) The department shall periodically reevaluate the greenhouse
gas emissions performance standard. After public notice and
hearing, the department may modify or eliminate the standard if a
mandatory greenhouse gas emissions limit applicable to generating
facilities is established by federal law. The department shall
consult with the commission before modifying or eliminating the
greenhouse gas emissions performance standard under this
subsection. + }
SECTION 4. { + Long-term financial commitments must comply
with standard. (1) An electricity provider may not enter into a
long-term financial commitment unless baseload electricity
acquired under the commitment is produced by a generating
facility that complies with the greenhouse gas emissions
performance standard established under section 3 of this 2009
Act.
(2) For the purposes of subsection (1) of this section, any
electricity acquired from combined-cycle natural gas generating
facilities described in section 3 (2) of this 2009 Act that are
in operation on June 30, 2009, or that have received a site
certificate from the Energy Facility Siting Council on or before
June 30, 2009, that authorizes operation of the generating
facility, automatically complies with the greenhouse gas
emissions performance standard established under section 3 of
this 2009 Act. + }
SECTION 5. { + Compliance by electric companies and
electricity service suppliers. (1) The Public Utility Commission
may not approve a long-term financial commitment by an electric
company or by an electricity service supplier unless baseload
electricity acquired under the commitment is produced by a
generating facility that complies with the greenhouse gas
emissions performance standard established under section 3 of
this 2009 Act.
(2) For the purpose of enforcing the requirements of this
section, the commission may review any long-term financial
commitment proposed to be entered into by an electric company or
an electricity service provider.
(3) The commission shall adopt rules for the implementation of
this section. The rules must include procedures for the
verification of greenhouse gas emissions from any generating
facility providing baseload electricity under a long-term
financial commitment.
(4) In determining whether a generating facility is providing
baseload electricity, the commission shall consider:
(a) The design of the power plant and the intended use of the
power plant;
(b) Any certification received by the generating facility from
the State Department of Energy;
(c) Any other permit or certificate necessary for the operation
of the generating facility; and
(d) Any other information considered important by the
commission. + }
SECTION 6. { + Compliance by consumer-owned utilities. (1)
The State Department of Energy by rule shall adopt procedures to
ensure that a consumer-owned utility does not enter into a
long-term financial commitment unless baseload electricity
acquired under the commitment is produced by a generating
facility that complies with the greenhouse gas emissions
performance standard established under section 3 of this 2009
Act.
(2) The department shall adopt rules for the implementation of
this section. The rules must include procedures for the
verification of greenhouse gas emissions from any generating
facility providing baseload electricity under a long-term
financial commitment. + }
SECTION 7. ORS 469.300 is amended to read:
469.300. As used in ORS 469.300 to 469.563, 469.590 to 469.619,
469.930 and 469.992, unless the context requires otherwise:
(1) 'Applicant' means any person who makes application for a
site certificate in the manner provided in ORS 469.300 to
469.563, 469.590 to 469.619, 469.930 and 469.992.
(2) 'Application' means a request for approval of a particular
site or sites for the construction and operation of an energy
facility or the construction and operation of an additional
energy facility upon a site for which a certificate has already
been issued, filed in accordance with the procedures established
pursuant to ORS 469.300 to 469.563, 469.590 to 469.619, 469.930
and 469.992.
(3) 'Associated transmission lines' means new transmission
lines constructed to connect an energy facility to the first
point of junction of such transmission line or lines with either
a power distribution system or an interconnected primary
transmission system or both or to the Northwest Power Grid.
(4) 'Average electric generating capacity' means the peak
generating capacity of the facility divided by one of the
following factors:
(a) For wind or solar energy facilities, 3.00;
(b) For geothermal energy facilities, 1.11; or
(c) For all other energy facilities, 1.00.
(5) 'Combustion turbine power plant' means a thermal power
plant consisting of one or more fuel-fired combustion turbines
and any associated waste heat combined cycle generators.
(6) 'Construction' means work performed on a site, excluding
surveying, exploration or other activities to define or
characterize the site, the cost of which exceeds $250,000.
(7) 'Council' means the Energy Facility Siting Council
established under ORS 469.450.
(8) 'Department' means the State Department of Energy created
under ORS 469.030.
(9) 'Director' means the Director of the State Department of
Energy appointed under ORS 469.040.
(10) 'Electric utility' means persons, regulated electrical
companies, people's utility districts, joint operating agencies,
electric cooperatives, municipalities or any combination thereof,
engaged in or authorized to engage in the business of generating,
supplying, transmitting or distributing electric energy.
(11)(a) 'Energy facility' means any of the following:
(A) An electric power generating plant with a nominal electric
generating capacity of 25 megawatts or more, including but not
limited to:
(i) Thermal power; or
(ii) Combustion turbine power plant.
(B) A nuclear installation as defined in this section.
(C) A high voltage transmission line of more than 10 miles in
length with a capacity of 230,000 volts or more to be constructed
in more than one city or county in this state, but excluding:
(i) Lines proposed for construction entirely within 500 feet of
an existing corridor occupied by high voltage transmission lines
with a capacity of 230,000 volts or more; and
(ii) Lines of 57,000 volts or more that are rebuilt and
upgraded to 230,000 volts along the same right of way.
(D) A solar collecting facility using more than 100 acres of
land.
(E) A pipeline that is:
(i) At least six inches in diameter, and five or more miles in
length, used for the transportation of crude petroleum or a
derivative thereof, liquefied natural gas, a geothermal energy
form in a liquid state or other fossil energy resource, excluding
a pipeline conveying natural or synthetic gas;
(ii) At least 16 inches in diameter, and five or more miles in
length, used for the transportation of natural or synthetic gas,
but excluding:
(I) A pipeline proposed for construction of which less than
five miles of the pipeline is more than 50 feet from a public
road, as defined in ORS 368.001; or
(II) A parallel or upgraded pipeline up to 24 inches in
diameter that is constructed within the same right of way as an
existing 16-inch or larger pipeline that has a site certificate,
if all studies and necessary mitigation conducted for the
existing site certificate meet or are updated to meet current
site certificate standards; or
(iii) At least 16 inches in diameter and five or more miles in
length used to carry a geothermal energy form in a gaseous state
but excluding a pipeline used to distribute heat within a
geothermal heating district established under ORS chapter 523.
(F) A synthetic fuel plant which converts a natural resource
including, but not limited to, coal or oil to a gas, liquid or
solid product intended to be used as a fuel and capable of being
burned to produce the equivalent of two billion Btu of heat a
day.
(G) A plant which converts biomass to a gas, liquid or solid
product, or combination of such products, intended to be used as
a fuel and if any one of such products is capable of being burned
to produce the equivalent of six billion Btu of heat a day.
(H) A storage facility for liquefied natural gas constructed
after September 29, 1991, that is designed to hold at least
70,000 gallons.
(I) A surface facility related to an underground gas storage
reservoir that, at design injection or withdrawal rates, will
receive or deliver more than 50 million cubic feet of natural or
synthetic gas per day, or require more than 4,000 horsepower of
natural gas compression to operate, but excluding:
(i) The underground storage reservoir;
(ii) The injection, withdrawal or monitoring wells and
individual wellhead equipment; and
(iii) An underground gas storage reservoir into which gas is
injected solely for testing or reservoir maintenance purposes or
to facilitate the secondary recovery of oil or other
hydrocarbons.
(J) An electric power generating plant with an average electric
generating capacity of 35 megawatts or more if the power is
produced from geothermal, solar or wind energy at a single energy
facility or within a single energy generation area.
{ + (K) A geologic carbon sequestration facility. + }
(b) 'Energy facility' does not include a hydroelectric
facility.
(12) 'Energy generation area' means an area within which the
effects of two or more small generating plants may accumulate so
the small generating plants have effects of a magnitude similar
to a single generating plant of 35 megawatts average electric
generating capacity or more. An 'energy generation area' for
facilities using a geothermal resource and covered by a unit
agreement, as provided in ORS 522.405 to 522.545 or by federal
law, shall be defined in that unit agreement. If no such unit
agreement exists, an energy generation area for facilities using
a geothermal resource shall be the area that is within two miles,
measured from the electrical generating equipment of the
facility, of an existing or proposed geothermal electric power
generating plant, not including the site of any other such plant
not owned or controlled by the same person.
(13) 'Extraordinary nuclear occurrence' means any event causing
a discharge or dispersal of source material, special nuclear
material or by-product material as those terms are defined in ORS
453.605, from its intended place of confinement off-site, or
causing radiation levels off-site, that the United States Nuclear
Regulatory Commission or its successor determines to be
substantial and to have resulted in or to be likely to result in
substantial damages to persons or property off-site.
(14) 'Facility' means an energy facility together with any
related or supporting facilities.
(15) 'Geothermal reservoir' means an aquifer or aquifers
containing a common geothermal fluid.
(16) 'Local government' means a city or county.
(17) 'Nominal electric generating capacity' means the maximum
net electric power output of an energy facility based on the
average temperature, barometric pressure and relative humidity at
the site during the times of the year when the facility is
intended to operate.
(18) 'Nuclear incident' means any occurrence, including an
extraordinary nuclear occurrence, that results in bodily injury,
sickness, disease, death, loss of or damage to property or loss
of use of property due to the radioactive, toxic, explosive or
other hazardous properties of source material, special nuclear
material or by-product material as those terms are defined in ORS
453.605.
(19) 'Nuclear installation' means any power reactor, nuclear
fuel fabrication plant, nuclear fuel reprocessing plant, waste
disposal facility for radioactive waste, and any facility
handling that quantity of fissionable materials sufficient to
form a critical mass. 'Nuclear installation' does not include any
such facilities that are part of a thermal power plant.
(20) 'Nuclear power plant' means an electrical or any other
facility using nuclear energy with a nominal electric generating
capacity of 25 megawatts or more, for generation and distribution
of electricity, and associated transmission lines.
(21) 'Person' means an individual, partnership, joint venture,
private or public corporation, association, firm, public service
company, political subdivision, municipal corporation, government
agency, people's utility district, or any other entity, public or
private, however organized.
(22) 'Project order' means the order, including any amendments,
issued by the State Department of Energy under ORS 469.330.
(23)(a) 'Radioactive waste' means all material which is
discarded, unwanted or has no present lawful economic use, and
contains mined or refined naturally occurring isotopes,
accelerator produced isotopes and by-product material, source
material or special nuclear material as those terms are defined
in ORS 453.605. The term does not include those radioactive
materials identified in OAR 345-50-020, 345-50-025 and
345-50-035, adopted by the council on December 12, 1978, and
revised periodically for the purpose of adding additional
isotopes which are not referred to in OAR 345-50 as presenting no
significant danger to the public health and safety.
(b) Notwithstanding paragraph (a) of this subsection, '
radioactive waste' does not include uranium mine overburden or
uranium mill tailings, mill wastes or mill by-product materials
as those terms are defined in Title 42, United States Code,
section 2014, on June 25, 1979.
(24) 'Related or supporting facilities' means any structure,
proposed by the applicant, to be constructed or substantially
modified in connection with the construction of an energy
facility, including associated transmission lines, reservoirs,
storage facilities, intake structures, road and rail access,
pipelines, barge basins, office or public buildings, and
commercial and industrial structures. 'Related or supporting
facilities' does not include geothermal or underground gas
storage reservoirs, production, injection or monitoring wells or
wellhead equipment or pumps.
(25) 'Site' means any proposed location of an energy facility
and related or supporting facilities.
(26) 'Site certificate' means the binding agreement between the
State of Oregon and the applicant, authorizing the applicant to
construct and operate a facility on an approved site,
incorporating all conditions imposed by the council on the
applicant.
(27) 'Thermal power plant' means an electrical facility using
any source of thermal energy with a nominal electric generating
capacity of 25 megawatts or more, for generation and distribution
of electricity, and associated transmission lines, including but
not limited to a nuclear-fueled, geothermal-fueled or
fossil-fueled power plant, but not including a portable power
plant the principal use of which is to supply power in
emergencies. 'Thermal power plant' includes a nuclear-fueled
thermal power plant that has ceased to operate.
(28) 'Transportation' means the transport within the borders of
the State of Oregon of radioactive material destined for or
derived from any location.
(29) 'Underground gas storage reservoir' means any subsurface
sand, strata, formation, aquifer, cavern or void, whether natural
or artificially created, suitable for the injection, storage and
withdrawal of natural gas or other gaseous substances.
'Underground gas storage reservoir' includes a pool as defined in
ORS 520.005.
(30) 'Utility' includes:
(a) A person, a regulated electrical company, a people's
utility district, a joint operating agency, an electric
cooperative, municipality or any combination thereof, engaged in
or authorized to engage in the business of generating,
transmitting or distributing electric energy;
(b) A person or public agency generating electric energy from
an energy facility for its own consumption; and
(c) A person engaged in this state in the transmission or
distribution of natural or synthetic gas.
(31) 'Waste disposal facility' means a geographical site in or
upon which radioactive waste is held or placed but does not
include a site at which radioactive waste used or generated
pursuant to a license granted under ORS 453.635 is stored
temporarily, a site of a thermal power plant used for the
temporary storage of radioactive waste from that plant for which
a site certificate has been issued pursuant to this chapter or a
site used for temporary storage of radioactive waste from a
reactor operated by a college, university or graduate center for
research purposes and not connected to the Northwest Power Grid.
As used in this subsection, 'temporary storage' includes storage
of radioactive waste on the site of a nuclear-fueled thermal
power plant for which a site certificate has been issued until a
permanent storage site is available by the federal government.
SECTION 8. ORS 469.320 is amended to read:
469.320. (1) Except as provided in subsections (2) and (5) of
this section, no facility shall be constructed or expanded unless
a site certificate has been issued for the site thereof in the
manner provided in ORS 469.300 to 469.563, 469.590 to 469.619,
469.930 and 469.992. No facility shall be constructed or operated
except in conformity with the requirements of ORS 469.300 to
469.563, 469.590 to 469.619, 469.930 and 469.992.
(2) A site certificate is not required for:
(a) An energy facility for which no site certificate has been
issued that, on August 2, 1993, had operable electric generating
equipment for a modification that uses the same fuel type and
increases electric generating capacity, if:
(A) The site is not enlarged; and
(B) The ability of the energy facility to use fuel for
electricity production under peak steady state operating
conditions is not more than 200 million Btu per hour greater than
it was on August 2, 1993, or the energy facility expansion is
called for in the short-term plan of action of an energy resource
plan that has been acknowledged by the Public Utility Commission
of Oregon.
(b) Construction or expansion of any interstate natural gas
pipeline or associated underground natural gas storage facility
authorized by and subject to the continuing regulation of the
Federal Energy Regulatory Commission or successor agency.
(c) An energy facility, except coal and nuclear power plants,
if the energy facility:
(A) Sequentially produces electrical energy and useful thermal
energy from the same fuel source; and
(B) Under { - normal - } { + average annual + } operating
conditions, has a
{ - useful thermal energy output of no less than 33 percent of
the total energy output or the - } { + nominal electric
generating capacity:
(i) Of less than 50 megawatts and the + } fuel chargeable to
power heat rate value is not greater than 6,000 Btu per kilowatt
hour { + ;
(ii) Of 50 megawatts or more and the fuel chargeable to power
heat rate value is not greater than 5,500 Btu per kilowatt hour;
or
(iii) Specified by the Energy Facility Siting Council by rule
based on the council's determinations relating to emissions of
the energy facility + }.
(d) Temporary storage, at the site of a nuclear-fueled thermal
power plant for which a site certificate has been issued by the
State of Oregon, of radioactive waste from the plant.
(e) An energy facility as defined in ORS 469.300 (11)(a)(G), if
the plant also produces a secondary fuel used on site for the
production of heat or electricity, if the output of the primary
fuel is less than six billion Btu of heat a day.
(f) An energy facility as defined in ORS 469.300 (11)(a)(G), if
the facility:
(A) Exclusively uses biomass, including but not limited to
grain, whey, potatoes, oil seeds, waste vegetable oil or
cellulosic biomass, as the source of material for conversion to a
liquid fuel;
(B) Has received local land use approval under the applicable
acknowledged comprehensive plan and land use regulations of the
affected local government and the facility complies with any
statewide planning goals or rules of the Land Conservation and
Development Commission that are directly applicable to the
facility;
(C) Requires no new electric transmission lines or gas or
petroleum product pipelines that would require a site certificate
under subsection (1) of this section;
(D) Produces synthetic fuel, at least 90 percent of which is
used in an industrial or refueling facility located within one
mile of the facility or is transported from the facility by rail
or barge; and
(E) Emits less than 118 pounds of carbon dioxide per million
Btu from fossil fuel used for conversion energy.
(g) A standby generation facility, if the facility complies
with all of the following:
(A) The facility has received local land use approval under the
applicable acknowledged comprehensive plan and land use
regulations of the affected local government and the facility
complies with all statewide planning goals and applicable rules
of the Land Conservation and Development Commission;
(B) The standby generators have been approved by the Department
of Environmental Quality as having complied with all applicable
air and water quality requirements. For an applicant that
proposes to provide the physical facilities for the installation
of standby generators, the requirement of this subparagraph may
be met by agreeing to require such a term in the lease contract
for the facility; and
(C) The standby generators are electrically incapable of being
interconnected to the transmission grid. For an applicant that
proposes to provide the physical facilities for the installation
of standby generators, the requirement of this subparagraph may
be met by agreeing to require such a term in the lease contract
for the facility.
(3) The Energy Facility Siting Council may review and, if
necessary, revise the fuel chargeable to power heat rate value
set forth in subsection (2)(c)(B) of this section. In making its
determination, the council shall ensure that the fuel chargeable
to power heat rate value for facilities set forth in subsection
(2)(c)(B) of this section remains significantly lower than the
fuel chargeable to power heat rate value for the best available,
commercially viable thermal power plant technology at the time of
the revision.
(4) Any person who proposes to construct or enlarge an energy
facility and who claims an exemption under subsection (2)(a),
(c), (f) or (g) of this section from the requirement to obtain a
site certificate shall request the Energy Facility Siting Council
to determine whether the proposed facility qualifies for the
claimed exemption. The council shall make its determination
within 60 days after the request for exemption is filed. An
appeal from the council's determination on a request for
exemption shall be made under ORS 469.403, except that the scope
of review by the Supreme Court shall be the same as a review by a
circuit court under ORS 183.484. The record on review by the
Supreme Court shall be the record established in the council
proceeding on the exemption.
(5) Notwithstanding subsection (1) of this section, a separate
site certificate shall not be required for:
(a) Transmission lines, storage facilities, pipelines or
similar related or supporting facilities, if such related or
supporting facilities are addressed in and are subject to a site
certificate for another energy facility;
(b) Expansion within the site or within the energy generation
area of a facility for which a site certificate has been issued,
if the existing site certificate has been amended to authorize
expansion; or
(c) Expansion, either within the site or outside the site, of
an existing council certified surface facility related to an
underground gas storage reservoir, if the existing site
certificate is amended to authorize expansion.
(6) If the substantial loss of the steam host causes a facility
exempt under subsection (2)(c) of this section to substantially
fail to meet the exemption requirements under subsection (2)(c)
of this section, the electric generating facility shall cease to
operate one year after the substantial loss of the steam host
unless an application for a site certificate has been filed in
accordance with the provisions of ORS 469.300 to 469.563.
(7) As used in this section:
(a) 'Standby generation facility' means an electric power
generating facility, including standby generators and the
physical structures necessary to install and connect standby
generators, that provides temporary electric power in the event
of a power outage and that is electrically incapable of being
interconnected with the transmission grid.
(b) 'Total energy output' means the sum of useful thermal
energy output and useful electrical energy output.
(c) 'Useful thermal energy' means the verifiable thermal energy
used in any viable industrial or commercial process, heating or
cooling application.
(8) Notwithstanding the definition of 'energy facility' in ORS
469.300 (11)(a)(J), an electric power generating plant with an
average electric generating capacity of less than 35 megawatts
produced from wind energy at a single energy facility or within a
single energy generation area may elect to obtain a site
certificate in the manner provided in ORS 469.300 to 469.563,
469.590 to 469.619, 469.930 and 469.992. An election to obtain a
site certificate under this subsection shall be final upon
submission of an application for a site certificate.
SECTION 9. { + The section captions used in this 2009 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2009 Act. + }
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