Chapter 469 — Energy;
Conservation Programs; Energy Facilities
2011 EDITION
ENERGY; CONSERVATION PROGRAMS; ENERGY
FACILITIES
PUBLIC HEALTH AND SAFETY
GENERAL PROVISIONS
469.010 Policy
469.020 Definitions
STATE DEPARTMENT OF ENERGY;
ADMINISTRATION
469.030 State
Department of Energy; duties
469.040 Director;
duties; appointment; rules
469.050 Limitations
on subsequent employment of director; sanctions
469.055 Authority
of department to require fingerprints
469.060 Comprehensive
energy plan; energy pricing structures research
469.070 Energy
forecast; contents; fees
469.080 Energy
resource information; subpoena power; depositions; limitations on obtaining
information; protection from abuse
469.085 Procedure
for imposing civil penalties; rules
469.090 Confidentiality
of information submitted under ORS 469.080
469.097 Duty
to monitor industry progress in energy conservation
469.100 Agency
consideration of legislative policy; agency review of rules
469.110 Dealings
with federal government; intervention by State Department of Energy in agency
action
469.120 State
Department of Energy Account; appropriation; record of moneys
469.135 Energy
Conservation Clearinghouse for Commerce and Industry
469.150 Energy
suppliers to provide conservation services and information; rules
469.155 Advisory
energy conservation standards for dwellings; rules
ENERGY EFFICIENCY STANDARDS
469.229 Definitions
for ORS 469.229 to 469.261
469.233 Energy
efficiency standards
469.235 Certain
reflector lamps exempt from standards
469.238 Sale
of products not meeting standards prohibited; exemptions
469.239 Installation
of products not meeting standards prohibited; exemptions
469.255 Manufacturers
to test products; test methods; certification of products; rules
469.261 Department
to review standards; rules; postponement of operative dates of standards;
application for waiver of federal preemption
REGULATION OF ENERGY FACILITIES
(General Provisions)
469.300 Definitions
469.310 Policy
(Siting)
469.320 Site
certificate required; exceptions
469.330 Notice
of intent to file application for site certificate; public notice; standards,
application requirements and study requirements; project order; rules
469.350 Application
for site certificate; comment and recommendation
469.360 Evaluation
of site applications; costs; payment
469.370 Draft
proposed order for hearing; issues raised; final order; expedited processing
469.373 Expedited
processing for certain natural gas energy facilities
469.375 Required
findings for radioactive waste disposal facility certificate
469.378 Land
use compatibility statement for energy facility
469.401 Energy
facility site certificate; conditions; effect of issuance on state and local
government agencies
469.402 Delegation
of review of future action required by site certificate
469.403 Rehearing
on approval or rejection of application for site certificate or amendment;
appeal; judicial review vested in Supreme Court; stay of order
469.405 Amendment
of site certificate; judicial review; exemption; rules
469.407 Amendment
of application to increase capacity of facility
469.409 Amendment
of site certificate to demonstrate compliance with carbon dioxide emissions
standard; binding arbitration to resolve disputes
469.410 Energy
facility site certificate applications filed or under construction prior to
July 2, 1975; conditions of site certificate; monitoring programs
469.421 Fees;
exemptions; assessment of certain utilities and suppliers; penalty
469.430 Site
inspections
469.440 Grounds
for revocation or suspension of certificates
469.441 Justification
of fees charged; judicial review
(High Voltage Transmission Lines)
469.442 Procedure
prior to construction of transmission line in excess of 230,000 volts; review
committee
(Administration)
469.450 Energy
Facility Siting Council; appointment; confirmation; term; restrictions
469.460 Officers;
meetings; compensation and expenses
469.470 Powers
and duties; rules
469.480 Local
government advisory group; special advisory groups; compensation and expenses;
Electric and Magnetic Field Committee; rules
(Rules; Standards; Compliance)
469.490 Adoption
of rules; determination of validity
469.501 Energy
facility siting, construction, operation and retirement standards; exemptions
469.503 Requirements
for approval of energy facility site certificate; carbon dioxide emissions
standard; offset funds; use of offset funds by qualifying organization; rules
469.504 Facility
compliance with statewide planning goals; exception; amendment of local plan
and land use regulations; conflicts; technical assistance; rules
469.505 Consultation
with other agencies
469.507 Monitoring
environmental and ecological effects of construction and operation of energy
facilities
469.520 Cooperation
of state governmental bodies; adoption of rules by state agencies on energy
facility development
(Plant Operations; Radioactive Wastes)
469.525 Radioactive
waste disposal facilities prohibited; exceptions; rules
469.530 Review
and approval of security programs
469.533 State
Department of Energy rules for health protection and evacuation procedures in
nuclear emergency
469.534 County
procedures
469.535 Governor
may assume control of emergency operations during nuclear accident or
catastrophe
469.536 Public
utility to disseminate information under ORS 469.533
469.540 Reductions
or curtailment of operations for violation of safety standards; notice; time
period for repairs; transport and disposal of radioactive materials
469.550 Order
for halt of plant operations or activities with radioactive material; notice
469.553 Active
uranium mill or mill tailings disposal facility site certification required;
procedure for review; fees
469.556 Rules
governing uranium-related activities
469.559 Cooperative
agreements authorized between council and federal officials and agencies;
rules; powers of Governor; exception for inactive or abandoned site
(Records)
469.560 Records;
public inspection; confidential information
(Insurance)
469.561 Property
insurance required; exceptions; filing of policy
469.562 Eligible
insurers
(Enforcement)
469.563 Court
orders for enforcement
(Oregon Hanford Cleanup Board)
469.566 Legislative
findings
469.568 Construction
of ORS 469.566 to 469.583
469.569 Definitions
for ORS 469.566 to 469.583
469.571 Oregon
Hanford Cleanup Board; members; appointment
469.572 Compensation
of board members
469.573 Purpose
of Oregon Hanford Cleanup Board
469.574 Duties
of Oregon Hanford Cleanup Board; coordination with Washington
469.575 Duties
of chairperson of Oregon Hanford Cleanup Board
469.576 Review
of Hanford as site selected for long-term disposal of high-level radioactive
waste
469.577 Lead
agency; agreements with federal agencies related to long-term disposal of
high-level radioactive waste
469.578 Oregon
Hanford Cleanup Board to implement agreements with federal agencies
469.579 Authority
to accept moneys; disbursement of funds; rules
469.581 Advisory
and technical committees
469.582 Cooperation
with Oregon Hanford Cleanup Board; technical assistance from other state
agencies
469.583 Rules
(Federal Site Selection)
469.584 Findings
469.585 Activities
of state related to selection of high-level radioactive waste disposal site
(Hanford Nuclear Reservation)
469.586 Findings
469.587 Position
of State of Oregon related to operation of Hanford Nuclear Reservation
(Siting of Nuclear-Fueled Thermal Power
Plants)
469.590 Definitions
for ORS 469.590 to 469.595
469.593 Findings
469.594 Storage
of high-level radioactive waste after expiration of license prohibited;
continuing responsibility for storage; implementation agreements
469.595 Condition
to site certificate for nuclear-fueled thermal power plant
469.597 Election
procedure; elector approval required
469.599 Public
Utility Commission’s duty
469.601 Effect
of ORS 469.595 on applications and applicants
(Transportation of Radioactive Material)
469.603 Intent
to regulate transportation of radioactive material
469.605 Permit
to transport required; application; delegation of authority to issue permits;
fees; rules
469.606 Determination
of best and safest route
469.607 Authority
of council; rules
469.609 Annual
report to state agencies and local governments on shipment of radioactive
wastes
469.611 Emergency
preparedness and response program; radiation emergency response team; training
469.613 Records;
inspection; rules
469.615 Indemnity
for claims against state insurance coverage certification; reimbursement for
costs incurred in nuclear incident
469.617 Report
to legislature; content
469.619 State
Department of Energy to make federal regulations available
RESIDENTIAL ENERGY CONSERVATION ACT
(Investor-Owned Utilities)
469.631 Definitions
for ORS 469.631 to 469.645
469.633 Investor-owned
utility program
469.634 Contributions
for urban and community forest activities by customers of investor-owned
utilities; rules; uses
469.635 Alternative
program of investor-owned utilities
469.636 Additional
financing program by investor-owned utility for rental dwelling
469.637 Energy
conservation part of utility service of investor-owned utility
469.639 Billing
for energy conservation measures
469.641 Conditions
for cash payments to dwelling owner by investor-owned utility
469.643 Formula
for customer charges; rules
469.645 Implementation
of program by investor-owned utility
(Publicly Owned Utilities)
469.649 Definitions
for ORS 469.649 to 469.659
469.651 Publicly
owned utility program
469.652 Contributions
for urban and community forest activities by customers of publicly owned
utilities; rules; uses
469.653 Alternative
program of publicly owned utility
469.655 Energy
conservation as part of utility service of publicly owned utility
469.657 Conditions
for cash payments to dwelling owner by publicly owned utility
469.659 Implementation
of program by publicly owned utility
(Oil Dealers)
469.673 Definitions
for ORS 469.673 to 469.683
469.675 Oil
dealer program
469.677 Contracts
for information, assistance and technical advice; standards for energy audits
469.679 Implementation
by fuel dealer
469.681 Petroleum
supplier assessment; computation; effect of failure to pay; interest
469.683 Oil-Heated
Dwellings Energy Audit Account
(Miscellaneous)
469.685 Use
of earlier energy audit
469.687 Title
for ORS 469.631 to 469.687
ENERGY CONSERVATION PROGRAMS
(Single Family Residence)
469.700 Energy
efficiency ratings; public information; “single family residence” defined
(Low Interest Loans)
469.710 Definitions
for ORS 469.710 to 469.720
469.715 Low
interest loans for cost-effective energy conservation; rate
469.717 When
installation to be completed
469.719 Eligibility
of lender for tax credit not affected by owner’s failure
469.720 Energy
audit required; permission to inspect required; owner not to receive other
incentives
(Public Buildings)
469.730 Declaration
of purpose
469.735 Definitions
for ORS 469.730 to 469.745
469.740 Rules
establishing energy conservation standards for public buildings; bases
469.745 Voluntary
compliance program
469.750 State
purchase of alternative fuels
(State Agency Projects)
469.752 Definitions
for ORS 469.752 to 469.756
469.754 Authority
of state agencies to establish projects; use of savings; rules
469.756 Rules;
technical assistance; evaluations
PACIFIC NORTHWEST ELECTRIC POWER AND
CONSERVATION PLANNING COUNCIL
469.802 Definition
for ORS 469.802 to 469.845
469.803 Oregon
participation in Pacific Northwest Electric Power and Conservation Planning
Council
469.805 State
members of council; confirmation; qualifications
469.810 Conflicts
of interest prohibited
469.815 Status
of members; duties; attendance at public meetings; technical assistance
469.820 Term;
reappointment; vacancy
469.825 Prohibited
activities of members
469.830 Removal
of members; grounds; procedure
469.835 Salary
of members; staff
469.840 Northwest
Regional Power and Conservation Account; uses
469.845 Annual
report to Governor and legislature
COMMERCIAL ENERGY CONSERVATION SERVICES
PROGRAM
469.860 Definitions
for ORS 469.860 to 469.900
469.863 Gas
utility to adopt commercial energy audit program; rules
469.865 Electric
utility to adopt commercial energy conservation services program
469.870 Application
of ORS 469.865, 469.870 and 469.900 (1) to electric utility
469.875 Fee
for gas utility audit
469.880 Energy
audit program; rules
469.885 Publicly
owned utility to adopt commercial energy audit program; fee
469.890 Publicly
owned utility to adopt commercial energy conservation program; fees; rules
469.895 Application
of ORS 469.890 to 469.900 to publicly owned utility
469.900 Duty
of commission to avoid conflict with federal requirements
NORTHWEST INTERSTATE COMPACT ON
LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT
469.930 Northwest
Interstate Compact on Low-Level Radioactive Waste Management
POWER COSTS AND RATES
469.950 Authority
to enter into interstate cooperative agreements to control power costs and
rates; Bonneville Power Administration
PENALTIES
469.990 Penalties
469.992 Civil
penalties
GENERAL PROVISIONS
469.010 Policy.
The Legislative Assembly finds and declares that:
(1)
Continued growth in demand for nonrenewable energy forms poses a serious and
immediate, as well as future, problem. It is essential that future generations
not be left a legacy of vanished or depleted resources, resulting in massive
environmental, social and financial impact.
(2)
It is the goal of Oregon to promote the efficient use of energy resources and
to develop permanently sustainable energy resources. The need exists for
comprehensive state leadership in energy production, distribution and
utilization. It is, therefore, the policy of Oregon:
(a)
That development and use of a diverse array of permanently sustainable energy
resources be encouraged utilizing to the highest degree possible the private
sector of our free enterprise system.
(b)
That through state government example and other effective communications,
energy conservation and elimination of wasteful and uneconomical uses of energy
and materials be promoted. This conservation must include, but not be limited
to, resource recovery and materials recycling.
(c)
That the basic human needs of every citizen, present and future, shall be given
priority in the allocation of energy resources, commensurate with perpetuation
of a free and productive economy with special attention to the preservation and
enhancement of environmental quality.
(d)
That state government assist every citizen and industry in adjusting to a
diminished availability of energy.
(e)
That energy-efficient modes of transportation for people and goods shall be
encouraged, while energy-inefficient modes of transportation shall be
discouraged.
(f)
That cost-effectiveness be considered in state agency decision-making relating
to energy sources, facilities or conservation, and that cost-effectiveness be
considered in all agency decision-making relating to energy facilities.
(g)
That state government shall provide a source of impartial and objective
information in order that this energy policy may be enhanced. [1975 c.606 §1;
1979 c.723 §1]
469.020 Definitions.
As used in ORS 176.820, 469.010 to 469.155, 469.860 (3), 469.880 to 469.895,
469.900 (3), 469.990, 469.992, 757.710 and 757.720, unless the context requires
otherwise:
(1)
“Agency” includes a department or other agency of state government, city,
county, municipal corporation, political subdivision, port, people’s utility
district, joint operating agency and electric cooperative.
(2)
“Coal supplier” means any person engaged in the wholesale distribution in this
state of coal intended for use in this state for an energy facility.
(3)
“Cost-effective” means that an energy resource, facility or conservation
measure during its life cycle results in delivered power costs to the ultimate
consumer no greater than the comparable incremental cost of the least cost
alternative new energy resource, facility or conservation measure. Cost
comparison under this definition shall include but not be limited to:
(a)
Cost escalations and future availability of fuels;
(b)
Waste disposal and decommissioning costs;
(c)
Transmission and distribution costs;
(d)
Geographic, climatic and other differences in the state; and
(e)
Environmental impact.
(4)
“Council” means the Energy Facility Siting Council established under ORS
469.450.
(5)
“Department” means the State Department of Energy created under ORS 469.030.
(6)
“Director” means the Director of the State Department of Energy appointed under
ORS 469.040.
(7)
“Energy facility” has the meaning given in ORS 469.300.
(8)
“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 25 megawatts 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.
(9)
“Geothermal reservoir” means an aquifer or aquifers containing a common
geothermal fluid.
(10)
“Nominal electric generating capacity” has the meaning given in ORS 469.300.
(11)
“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.
(12)
“Petroleum supplier” means a petroleum refiner in this state, or any person
engaged in the wholesale distribution of crude petroleum or derivative thereof
or of propane in this state.
(13)
“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 structure, 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.
(14)
“Site” means a proposed location of an energy facility, and its related or
supporting facilities.
(15)
“Thermal power plant” has the meaning given that term by ORS 469.300.
(16)
“Utility” includes:
(a)
An individual, 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. [1975 c.606 §2; 1977 c.794 §1; 1979 c.723 §2; 1981 c.629 §1;
1981 c.792 §1; 1991 c.480 §3; 1993 c.569 §1; 1995 c.505 §4; 1995 c.551 §2; 2003
c.186 §16]
STATE DEPARTMENT OF ENERGY;
ADMINISTRATION
469.030 State Department of Energy;
duties. (1) There is created the State
Department of Energy.
(2)
The State Department of Energy shall:
(a)
Be the central repository within the state government for the collection of
data on energy resources;
(b)
Endeavor to utilize all public and private sources to inform and educate the
public about energy problems and ways in which the public can conserve energy
resources;
(c)
Engage in research, but whenever possible, contract with appropriate public or
private agencies and dispense funds for research projects and other services
related to energy resources, except that the State Department of Energy shall
endeavor to avoid duplication of research whether completed or in progress;
(d)
Qualify for, accept and disburse or utilize any private or federal moneys or
services available for the administration of ORS 176.820, 192.501 to 192.505,
192.690, 469.010 to 469.155, 469.300 to 469.563, 469.990, 757.710 and 757.720;
(e)
Administer federal and state energy allocation and conservation programs and
energy research and development programs and apply for and receive available
funds therefor;
(f)
Be a clearinghouse for energy research to which all agencies shall send
information on all energy related research;
(g)
Prepare contingent energy programs to include all forms of energy not otherwise
provided pursuant to ORS 757.710 and 757.720;
(h)
Maintain an inventory of energy research projects in Oregon and the results
thereof;
(i)
Collect, compile and analyze energy statistics, data and information;
(j)
Contract with public and private agencies for energy activities consistent with
ORS 469.010 and this section; and
(k)
Upon request of the governing body of any affected jurisdiction, coordinate a
public review of a proposed transmission line according to the provisions of
ORS 469.442. [1975 c.606 §4; 1981 c.792 §2; 1987 c.200 §4; 1993 c.569 §2; 1995
c.551 §3; 1999 c.934 §5; 1999 c.1043 §9; 2003 c.186 §1]
469.040 Director; duties; appointment;
rules. (1) The State Department of Energy
shall be under the supervision of the Director of the State Department of
Energy, who shall:
(a)
Supervise the day-to-day functions of the State Department of Energy;
(b)
Supervise and facilitate the work and research on energy facility siting
applications at the direction of the Energy Facility Siting Council;
(c)
Hire, assign, reassign and coordinate personnel of the State Department of
Energy, prescribe their duties and fix their compensation, subject to the State
Personnel Relations Law; and
(d)
Adopt rules and issue orders to carry out the duties of the director and the
State Department of Energy in accordance with ORS chapter 183 and the policy
stated in ORS 469.010.
(2)
The director may delegate to any officer or employee the exercise and discharge
in the director’s name of any power, duty or function of whatever character
vested in the director by law. The official act of any person acting in the
director’s name and by the director’s authority shall be considered an official
act of the director.
(3)
The director shall be appointed by the Governor. [1975 c.606 §5; 1985 c.593 §1;
1993 c.496 §3; 1995 c.551 §4; 1999 c.934 §6; 1999 c.1043 §10; 2003 c.186 §3]
469.050 Limitations on subsequent employment
of director; sanctions. (1) A person who has been the
Director of the State Department of Energy shall not, within two years after
the person ceases to be the director, be an employee of:
(a)
An owner or operator of an energy facility;
(b)
An applicant for a site certificate; or
(c)
Any person who engages in the sale or manufacture of any energy resource or of
any major component of an energy facility in Oregon.
(2)
Employment of any individual in violation of subsection (1)(a) or (b) of this
section shall be grounds for the revocation of any license issued by this state
or any agency thereof and held by the person that employs such individual. [1975
c.606 §§6,7]
469.055 Authority of department to require
fingerprints. For the purpose of requesting a state
or nationwide criminal records check under ORS 181.534, the State Department of
Energy may require the fingerprints of a person who:
(1)(a)
Is employed or applying for employment by the department; or
(b)
Provides services or seeks to provide services to the department as a
contractor or volunteer; and
(2)
Is, or will be, working or providing services in a position:
(a)
In the Hanford nuclear safety program;
(b)
In which the person conducts energy audits in schools, colleges, universities
or medical facilities;
(c)
In the budget and finance section of the department;
(d)
That has personnel or human resources functions as one of the position’s
primary responsibilities;
(e)
In which the person is providing information technology services and has
control over, or access to, information technology systems that would allow the
person to harm the information technology systems or the information contained
in the systems;
(f)
In which the person has access to personal information about employees or
members of the public including Social Security numbers, dates of birth, driver
license numbers or criminal background information; or
(g)
In which the person has access to tax or financial information about
individuals or business entities or processes tax credits. [2005 c.730 §7]
Note:
469.055 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 469 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
469.060 Comprehensive energy plan; energy
pricing structures research. (1) Every
odd-numbered year, the State Department of Energy shall transmit to the
Governor and the Legislative Assembly a comprehensive plan including comments
on the energy forecasts of the utilities and on the department’s independent
analysis and evaluation. The plan shall be designed to identify emerging trends
related to energy supply, need and conservation and public health and safety
factors, to estimate the level of statewide energy need for each year in the
forthcoming five-year period and for the 10th and 20th year following issuance
of the plan.
(2)
Notwithstanding ORS 469.030 (2)(c), the department shall conduct research into
all energy pricing structures, relating price to consumption and considering
the interchangeability of the various energy forms. In conducting the research,
the department shall consider matters including, but not limited to, price
elasticity, cross elasticity of demand and energy rate structures, as well as
the rate structure studies of the Public Utility Commission. This research
shall be submitted biennially to the Legislative Assembly and the Governor as a
part of the plan described in subsection (1) of this section.
(3)
Consistent with the legislatively approved budget, the plan described in
subsections (1) and (2) of this section shall include, but not be limited to:
(a)
An inventory of existing energy resources available to Oregon.
(b)
An estimation of the potential contribution that various energy resources could
make in satisfying Oregon’s future energy needs consistent with the policy
stated in ORS 469.010 and where appropriate, the energy plan and fish and
wildlife program adopted by the Pacific Northwest Electric Power and
Conservation Planning Council pursuant to P.L. 96-501.
(c)
Recommendations for state and local governments to assist in the development
and maximum use of cost-effective conservation and renewable resources,
consistent with the policy stated in ORS 469.010 and, where appropriate, the
energy plan and fish and wildlife program adopted by the Pacific Northwest
Electric Power and Conservation Planning Council pursuant to P.L. 96-501.
(d)
Recommendations for proposed research, development and demonstration projects
and programs necessary to evaluate the availability and cost-effectiveness of
conservation and renewable resources in Oregon.
(4)
The plan described in this section shall be compiled by organizing and refining
data acquired by the department in the performance of its existing duties. [1975
c.606 §8; 1983 c.273 §1; 1989 c.466 §1; 1995 c.505 §5; 1995 c.551 §19a]
469.070 Energy forecast; contents; fees.
(1) At least biennially the State Department of Energy shall issue a forecast
on the energy situation as it affects Oregon. The forecast shall include, but
not be limited to, an estimate of:
(a)
Energy demand and the resources available to meet that demand; and
(b)
Impacts of conservation and new technology, increased efficiency of present
energy facilities, additions to present facilities, and construction of new
facilities, on the availability of energy to Oregon.
(2)
The forecast shall include summary forecasts for:
(a)
Each of the first five years immediately following issuance of the forecast;
and
(b)
The 10th and 20th year following the issuance of the forecast.
(3)
The forecast shall identify all major components of demand and any anticipated
increase in demand, including but not limited to population, commercial,
agricultural and industrial growth.
(4)
The State Department of Energy, by July 1 of each even-numbered year, shall
issue a statement setting forth the methodology and assumptions it intends to
employ in preparing the forthcoming forecast, any changes in the preceding forecast,
and an outline of the contents of the biennial plan to be published by the
department on the following January 1, and not later than the 45th day
thereafter, commence public hearings thereon.
(5)
All state agencies, energy suppliers, owners of energy facilities, and other
persons whom the Director of the State Department of Energy believes have an
interest in the subject or who have applied to the director therefor, shall be
supplied a copy of the statement issued by the department on July 1 of each
even-numbered year. The director may charge a reasonable fee for a copy of this
statement not to exceed the cost thereof.
(6)
After the public hearings required by subsection (4) of this section, but not
later than January 1 following the issuance of its statement, the department
shall issue the forecast required by subsection (1) of this section.
(7)
The forecast shall be included within the plan provided for in ORS 469.060 (1).
[1975 c.606 §9; 1977 c.794 §3; 1983 c.273 §2; 2003 c.186 §17]
469.080 Energy resource information;
subpoena power; depositions; limitations on obtaining information; protection
from abuse. (1) The Director of the State
Department of Energy may obtain all necessary information from producers,
suppliers and consumers of energy resources within Oregon, and from political
subdivisions in this state, as necessary to carry out ORS 176.820, 192.501 to
192.505, 192.690, 469.010 to 469.155, 469.300 to 469.563, 469.990, 469.992,
757.710 and 757.720. Such information may include, but not be limited to:
(a)
Sales volume;
(b)
Forecasts of energy resource requirements;
(c)
Inventory of energy resources; and
(d)
Local distribution patterns of information under paragraphs (a) to (c) of this
subsection.
(2)
In obtaining information under subsection (1) of this section, the director,
with the written consent of the Governor, may subpoena witnesses, material and
relevant books, papers, accounts, records and memoranda, administer oaths, and
may cause the depositions of persons residing within or without Oregon to be
taken in the manner prescribed for depositions in civil actions in circuit
courts, to obtain information relevant to energy resources.
(3)
In obtaining information under this section, the director:
(a)
Shall avoid eliciting information already furnished by a person or political
subdivision in this state to a federal, state or local regulatory authority
that is available to the director for such study; and
(b)
Shall cause reporting procedures, including forms, to conform to existing
requirements of federal, state and local regulatory authorities.
(4)
Any person who is served with a subpoena to give testimony orally or in writing
or to produce books, papers, correspondence, memoranda, agreements or the
documents or records as provided in ORS 176.820, 192.501 to 192.505, 192.690,
469.010 to 469.155, 469.300 to 469.563, 469.990, 469.992, 757.710 and 757.720,
may apply to any circuit court in Oregon for protection against abuse or
hardship in the manner provided in ORCP 36 C. [1975 c.606 §18; 1977 c.358 §9;
1977 c.794 §4a; 1979 c.284 §154; 2003 c.186 §18]
469.085 Procedure for imposing civil
penalties; rules. (1) Except as otherwise provided
in this section, civil penalties under ORS 469.992 shall be imposed as provided
in ORS 183.745.
(2)
Notwithstanding ORS 183.745 (2), the notice to the person against whom a civil
penalty is to be imposed shall reflect a complete statement of the
consideration given to the factors listed in subsection (7) of this section.
The notice may be served by either the Director of the State Department of
Energy or the Energy Facility Siting Council.
(3)
Notwithstanding ORS 183.745, if a hearing is not requested or if the person
requesting a hearing fails to appear, a final order shall be entered upon a
prima facie case made on the record of the agency.
(4)
The provisions of this section are in addition to and not in lieu of any other
penalty or sanction provided by law. An action taken by the director or the
council under this section may be joined by the director or the council with
any other action against the same person under this chapter.
(5)
Any civil penalty recovered under this section shall be paid into the General
Fund.
(6)
The director or the council shall adopt by rule a schedule of the amount of
civil penalty that may be imposed for a particular violation.
(7)
In imposing a penalty under ORS 469.992, the director or the council shall
consider:
(a)
The past history of the person incurring a penalty in taking all feasible steps
or procedures necessary or appropriate to correct or prevent any violation;
(b)
Any prior violations of ORS chapter 469 or rules, orders or permits relating to
the alleged violation;
(c)
The impact of the violation on public health and safety or public interests in
fishery, navigation and recreation;
(d)
Any other factors determined by the director or the council to be relevant; and
(e)
The alleged violator’s cooperativeness and effort to correct the violation.
(8)
The penalty imposed under ORS 469.992 may be remitted or mitigated upon such
terms and conditions as the director or council determines to be proper. Upon
the request of the person incurring the penalty, the director or council shall
consider evidence of the economic and financial condition of the person in determining
whether a penalty shall be remitted or mitigated. [1991 c.480 §2; 1991 c.734 §106;
2003 c.186 §19]
469.090 Confidentiality of information submitted
under ORS 469.080. (1) Information furnished under
ORS 469.080 shall be confidential and maintained as such, if so requested by
the person providing the information, if the information meets one of the
following requirements:
(a)
The information is proprietary in nature; or
(b)
The information consists of geological and geophysical information and data,
including maps, concerning oil, gas or geothermal resource wells.
(2)
Nothing in this section prohibits the use of confidential information to
prepare statistics or other general data for publication, so presented as to
prevent identification of particular persons. [1975 c.606 §19]
469.095
[1979 c.561 §9; repealed by 1993 c.475 §3]
469.097 Duty to monitor industry progress
in energy conservation. The State Department of Energy
shall to the extent permitted by its resources monitor industry progress in
achieving energy conservation. [1981 c.865 §3; 1987 c.158 §96]
469.100 Agency consideration of
legislative policy; agency review of rules. (1)
All agencies shall consider the policy stated in ORS 469.010 in adopting or
modifying their rules and policies.
(2)
All agencies shall review their rules and policies to determine their
consistency with the policy stated in ORS 469.010. [1975 c.606 §3; 1995 c.551 §20]
469.110 Dealings with federal government;
intervention by State Department of Energy in agency action.
(1) As to any matter involving the federal government, its departments or
agencies, which is within the scope of the power and duties of the State
Department of Energy, the department may represent its interest or, upon
request, may represent the interest of any county, city, state agency, special
district or owner or operator of any energy facility.
(2)
The department may intervene in any proceeding undertaken by an agency for the
purpose of expressing its views as to the effect of an agency action, upon
state energy resources and state energy policy. [1975 c.606 §12]
469.120 State Department of Energy
Account; appropriation; record of moneys. (1)
The State Department of Energy Account is established.
(2)
All funds received by the State Department of Energy pursuant to law shall be
paid into the State Treasury and credited to the State Department of Energy
Account. All moneys in the account are continuously appropriated to the State
Department of Energy for payment of expenses of the State Department of Energy,
the Oregon Department of Administrative Services and the Energy Facility Siting
Council.
(3)
The Director of the State Department of Energy shall keep a record of all
moneys deposited in the State Department of Energy Account. The record shall
indicate by special cumulative accounts the source from which moneys are
derived and the individual activity against which each withdrawal is charged. [1975
c.606 §13; 1995 c.551 §5; 2003 c.186 §7]
469.130
[1975 c.606 §47; 1977 c.794 §5; 1977 c.891 §10; 1987 c.879 §16; repealed by
1995 c.551 §21]
469.135 Energy Conservation Clearinghouse
for Commerce and Industry. The State Department of Energy
shall expand the Energy Conservation Clearinghouse for Commerce and Industry so
that it provides:
(1)
Current information to business and industry on:
(a)
State and federal financing mechanisms;
(b)
Tax advantages of energy conservation investments; and
(c)
General economic advantages of energy conservation investments.
(2)
Teaching on conservation techniques and management of energy by corporations. [1981
c.865 §2]
469.140
[1975 c.606 §48; repealed by 1977 c.794 §6]
469.150 Energy suppliers to provide
conservation services and information; rules. (1) As
used in this section “energy conservation services” means services provided by
energy suppliers to educate and inform customers and the public about energy
conservation. Such services include but are not limited to providing answers to
questions concerning energy saving devices and providing inspections and making
suggestions concerning the construction and siting of buildings and residences.
(2)
Energy suppliers other than public utilities as defined in ORS 757.005, that
produce, transmit, deliver or furnish heat, light or power shall establish energy
conservation services and shall provide energy conservation information to
customers and to the public. The services shall be performed in accordance with
such guidelines as the Director of the State Department of Energy may by rule
prescribe.
(3)
As used in this section “energy supplier” means a publicly owned utility or
fuel oil dealer which supplies electricity or fuel oil for the space heating of
dwellings. [1977 c.887 §13]
469.155 Advisory energy conservation standards
for dwellings; rules. (1) As used in this section:
(a)
“Dwelling” means real or personal property inhabited as the principal residence
of an owner or renter. “Dwelling” includes a manufactured dwelling as defined
in ORS 446.003, a floating home as defined in ORS 830.700 and multiple unit
residential housing. “Dwelling” does not include a recreational vehicle as
defined in ORS 446.003.
(b)
“Energy conservation standards” means standards for the efficient use of energy
for space and water heating in a dwelling.
(2)
The Director of the State Department of Energy shall establish advisory energy
conservation standards for existing dwellings. The standards shall be adopted
by rule in accordance with ORS 183.310 to 183.410. The standards:
(a)
Shall take cost-effectiveness into account; and
(b)
Shall be compatible with and further the state’s incentive programs for
residential energy conservation.
(3)
The director shall publicize the energy conservation standards and encourage
home owners to voluntarily comply with the standards. [1981 c.565 §2; 1987
c.158 §97; 1989 c.648 §65; 2003 c.186 §20]
469.157
[1981 c.746 §7; repealed by 1995 c.79 §287]
469.160
[1977 c.196 §2; 1979 c.670 §3; 1981 c.894 §4; 1983 c.346 §1; 1983 c.768 §2;
1987 c.492 §2; 1989 c.880 §1; 1995 c.746 §19a; 1997 c.534 §4; 1999 c.510 §1;
2001 c.584 §5; 2005 c.832 §6; 2007 c.843 §28; 2011 c.730 §70; renumbered
469B.100 in 2011]
469.165
[1977 c.196 §3; 1989 c.880 §2; 1997 c.534 §5; 2005 c.832 §7; 2007 c.843 §30;
2011 c.730 §70a; renumbered 469B.103 in 2011]
469.170
[1977 c.196 §4; 1979 c.670 §4; 1981 c.894 §5; 1983 c.346 §2; 1987 c.492 §3;
1989 c.880 §3; 1995 c.746 §20; 1997 c.534 §6; 1999 c.21 §78; 2001 c.584 §6;
2003 c.186 §21; 2005 c.832 §8; 2007 c.843 §31; 2011 c.730 §71; renumbered
469B.106 in 2011]
469.171
[1999 c.765 §2; renumbered 469B.109 in 2011]
469.172
[1989 c.880 §7; 1995 c.746 §20a; 1999 c.510 §2; 2001 c.584 §7; 2005 c.832 §9;
2007 c.843 §32; 2011 c.730 § 72; renumbered 469B.112 in 2011]
469.175
[1977 c.196 §5; 1979 c.670 §5; 1981 c.894 §6; 1983 c.346 §3; 1987 c.492 §4;
repealed by 1989 c.880 §4 (469.176 enacted in lieu of 469.175)]
469.176
[1989 c.880 §5 (enacted in lieu of 469.175); 1997 c.534 §7; 2005 c.832 §10;
2007 c.843 §33; renumbered 469B.115 in 2011]
469.180
[1977 c.196 §6; 1979 c.670 §6; 1981 c.894 §7; 1983 c.346 §4; 1987 c.492 §5;
1989 c.880 §8; 1993 c.684 §1; 1997 c.534 §10; 2003 c.186 §22; 2005 c.832 §11;
2007 c.843 §34; renumbered 469B.118 in 2011]
469.185
[1979 c.512 §3; 1981 c.894 §17; 1985 c.745 §1; 1991 c.711 §1; 1997 c.534 §11;
1997 c.656 §5; 1999 c.365 §1; 1999 c.623 §4; 1999 c.765 §4; 2001 c.583 §4; 2007
c.591 §1; 2007 c.843 §16; 2010 c.76 §4; 2011 c.474 §25; renumbered 469B.130 in
2011]
469.190
[1979 c.512 §2; renumbered 469B.133 in 2011]
469.195
[1979 c.512 §4; 1985 c.745 §2; 2010 c.76 §6; renumbered 469B.136 in 2011]
469.197
[2007 c.843 §22; 2008 c.29 §1; 2010 c.76 §7; 2011 c.474 §26; renumbered
469B.139 in 2011]
469.200
[1979 c.512 §5; 1981 c.894 §18; 1985 c.745 §3; 1987 c.158 §98; 1991 c.711 §3;
1993 c.684 §2; 1995 c.746 §15a; 1997 c.534 §12; 1997 c.656 §6a; 1999 c.365 §2;
2003 c.186 §23; 2007 c.843 §17; 2008 c.29 §2; 2010 c.76 §§8,9,9a; 2011 c. 474 §§27,28,29;
renumbered 469B.142 in 2011]
469.205
[1979 c.512 §6; 1981 c.894 §19; 1985 c.745 §4; 1989 c.765 §7; 1991 c.711 §2;
1993 c.684 §3; 1995 c.746 §16; 1997 c.656 §7; 1999 c.623 §5; 1999 c.765 §5;
2001 c.583 §5; 2001 c.660 §2; 2003 c.186 §24; 2007 c.843 §18; 2008 c.29 §3;
2010 c.76 §10; 2011 c.474 §30; renumbered 469B.145 in 2011]
469.206
[1997 c.534 §9; 2001 c.583 §6; 2007 c.843 §19; 2009 c.288 §4; renumbered
469B.148 in 2011]
469.207
[1985 c.745 §9; 1993 c.684 §4; 1995 c.746 §16a; 2001 c.583 §7; renumbered
469B.151 in 2011]
469.208
[1993 c.684 §6; renumbered 469B.154 in 2011]
469.210
[1979 c.512 §7; 1995 c.746 §17; 1997 c.656 §8; 1999 c.365 §3; 2001 c.583 §7a;
2003 c.186 §25; 2010 c.76 §11; renumbered 469B.157 in 2011]
469.215
[1979 c.512 §8; 1981 c.894 §20; 1985 c.745 §5; 1989 c.765 §8; 1991 c.711 §4;
1995 c.746 §18; 1997 c.656 §9; 1999 c.365 §4; 1999 c.623 §6; 2001 c.583 §8;
2001 c.660 §1b; 2003 c.186 §26; 2007 c.843 §20; 2008 c.29 §4; 2010 c.76 §12;
renumbered 469B.161 in 2011]
469.217
[1985 c.745 §8; renumbered 469B.164 in 2011]
469.220
[1979 c.512 §9; 2010 c.76 §13; 2011 c.693 §3; renumbered 469B.167 in 2011]
469.225
[1979 c.512 §10; 2003 c.186 §27; 2008 c.29 §5; 2010 c.76 §14; 2011 c.474 §31;
renumbered 469B.169 in 2011]
469.228
[1989 c.926 §1; 1991 c.67 §134; 1991 c.641 §5; 1993 c.617 §1; repealed by 1999
c.880 §2]
ENERGY EFFICIENCY STANDARDS
469.229 Definitions for ORS 469.229 to
469.261. As used in ORS 469.229 to 469.261,
unless the context clearly requires otherwise:
(1)
“Automatic commercial ice cube machine” means a factory-made assembly, not
necessarily shipped in one package, consisting of a condensing unit and
ice-making section operating as an integrated unit with means for making and
harvesting ice cubes, and any integrated components for storing or dispensing
ice.
(2)
“Ballast” means a device used with an electric discharge lamp to obtain
necessary circuit conditions for starting and operating the lamp.
(3)
“Bottle-type water dispenser” means a water dispenser that uses a bottle or
reservoir as the source of potable water.
(4)
“Commercial clothes washer” means a soft mount horizontal-axis or vertical-axis
clothes washer that:
(a)
Has a clothes compartment no greater than 3.5 cubic feet in the case of a
horizontal-axis product or no greater than 4 cubic feet in the case of a
vertical-axis product; and
(b)
Is designed for use by more than one household.
(5)(a)
“Commercial hot food holding cabinet” means an appliance that is a heated,
fully-enclosed compartment with one or more solid doors and is designed to
maintain the temperature of hot food that has been cooked in a separate
appliance.
(b)
“Commercial hot food holding cabinet” does not include heated glass
merchandising cabinets, drawer warmers or cook-and-hold appliances.
(6)
“Commercial prerinse spray valve” means a handheld device designed and marketed
for use with commercial dishwashing equipment and that sprays water on dishes,
flatware and other food service items for the purpose of removing food residue
prior to their cleaning.
(7)
“Commercial refrigerators or freezers” means refrigerators, freezers or
refrigerator-freezers, smaller than 85 cubic feet of internal volume and
designed for use by commercial or institutional facilities for the purpose of
storing or merchandising food products, beverages or ice at specified
temperatures, other than products without doors, walk-in refrigerators or freezers,
consumer products that are federally regulated pursuant to 42 U.S.C. 6291 et
seq. or freezers specifically designed for ice cream. “Commercial refrigerators
or freezers”:
(a)
Must incorporate most components involved in the vapor-compression cycle and
the refrigerated compartment in a single cabinet; and
(b)
May be configured with either solid or transparent doors as a reach-in cabinet,
pass-through cabinet, roll-in cabinet or roll-through cabinet.
(8)(a)
“Compact audio product,” also known as a mini, mid, micro or shelf audio
system, means an integrated audio system encased in a single housing that
includes an amplifier and radio tuner and attached or separable speakers that
can reproduce audio from one or more of the following media:
(A)
Magnetic tape;
(B)
Compact disc;
(C)
DVD; or
(D)
Flash memory.
(b)
“Compact audio product” does not include products that can be independently
powered by internal batteries, have a powered external satellite antenna or can
provide a video output signal.
(9)
“Compensation” means money or any other valuable thing, regardless of form,
received or to be received by a person for services rendered.
(10)
“Digital versatile disc” or “DVD” means a laser-encoded plastic medium capable
of storing a large amount of digital audio, video and computer data.
(11)(a)
“Digital versatile disc player” or “digital versatile disc recorder” means a
commercially available electronic product encased in a single housing that
includes an integral power supply and for which the sole purpose is,
respectively, the decoding and the production or recording of digitized video
signal on a DVD.
(b)
“Digital versatile disc recorder” does not include models that have an
electronic programming guide function that provides an interactive, on-screen
menu of television listings and downloads program information from the vertical
blanking interval of a regular television signal.
(12)
“High-intensity discharge lamp” means a lamp in which light is produced by the
passage of an electric current through a vapor or gas, and in which the
light-producing arc is stabilized by bulb wall temperature and the arc tube has
a bulb wall loading in excess of three watts per square centimeter.
(13)
“Illuminated exit sign” means an internally illuminated sign that is designed
to be permanently fixed in place to identify a building exit, that consists of
an electrically powered integral light source that illuminates the legend “EXIT”
and any directional indicators and that provides contrast between the legend,
any directional indicators and the background.
(14)
“Metal halide lamp” means a high-intensity discharge lamp in which the major
portion of the light is produced by radiation of metal halides and their
products of dissociation, possibly in combination with metallic vapors.
(15)
“Metal halide lamp fixture” means a light fixture designed to be operated with
a metal halide lamp and a ballast for a metal halide lamp.
(16)
“Pass-through cabinet” means a commercial refrigerator or freezer with hinged
or sliding doors on both the front and rear of the unit.
(17)
“Portable electric spa” means a factory-built electric spa or hot tub supplied
with equipment for heating and circulating water.
(18)
“Probe-start metal halide lamp ballast” means a ballast used to operate metal
halide lamps that does not contain an igniter and that instead starts metal
halide lamps by using a third starting electrode probe in the arc tube.
(19)
“Reach-in cabinet” means a commercial refrigerator or freezer with hinged or
sliding doors or lids, other than roll-in or roll-through cabinets or
pass-through cabinets.
(20)
“Roll-in cabinet” means a commercial refrigerator or freezer with hinged or
sliding doors that allow wheeled racks to be rolled into the unit.
(21)
“Roll-through cabinet” means a commercial refrigerator or freezer with hinged
or sliding doors on two sides of the cabinet that allow wheeled racks to be
rolled through the unit.
(22)(a)
“Single-voltage external AC to DC power supply” means a device, other than a
product with batteries or battery packs that physically attach directly to the
power supply unit, a product with a battery chemistry or type selector switch
and indicator light or a product with a battery chemistry or type selector
switch and a state of charge meter, that:
(A)
Is designed to convert line voltage alternating current input into lower
voltage direct current output;
(B)
Is able to convert to only one direct current output voltage at a time;
(C)
Is sold with, or intended to be used with, a separate end-use product that
constitutes the primary power load;
(D)
Is contained within a separate physical enclosure from the end-use product;
(E)
Is connected to the end-use product via a removable or hard-wired male or
female electrical connection, cable, cord or other wiring; and
(F)
Has a nameplate output power less than or equal to 250 watts.
(b)
“Single-voltage external AC to DC power supply” does not include power supplies
that are classified as devices for human use under the Federal Food, Drug and
Cosmetic Act, 21 U.S.C. 360c.
(23)
“State-regulated incandescent reflector lamp” means a lamp that is not colored
or designed for rough or vibrating service applications, that has an inner
reflective coating on the outer bulb to direct the light, that has an E26 medium
screw base, that has a rated voltage or voltage range that lies at least
partially within 115 to 130 volts and that falls into one of the following
categories:
(a)
A bulged reflector or elliptical reflector bulb shape that has a diameter that
equals or exceeds 2.25 inches; or
(b)
A reflector, parabolic aluminized reflector or similar bulb shape that has a
diameter of 2.25 to 2.75 inches.
(24)
“Torchiere” means a portable electric lighting fixture with a reflective bowl
that directs light upward so as to produce indirect illumination.
(25)
“Traffic signal module” means a standard traffic signal indicator, consisting
of a light source, a lens and all other parts necessary for operation, that is:
(a)
Eight inches, or approximately 200 millimeters, in diameter; or
(b)
Twelve inches, or approximately 300 millimeters, in diameter.
(26)
“Unit heater” means a self-contained, vented fan-type commercial space heater,
other than a consumer product covered by federal standards established pursuant
to 42 U.S.C. 6291 et seq. or that is a direct vent, forced flue heater with a
sealed combustion burner, that uses natural gas or propane and that is designed
to be installed without ducts within a heated space.
(27)
“Walk-in refrigerator” and “walk-in freezer” mean a space refrigerated to
temperatures, respectively, at or above and below 32:DEGNB. F that can be
walked into.
(28)
“Water dispenser” means a factory-made assembly that mechanically cools and
heats potable water and dispenses the cooled or heated water by integral or
remote means. [2005 c.437 §1; 2007 c.375 §1; 2007 c.649 §1]
Note:
469.229 to 469.261 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 469 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
469.230
[1989 c.926 §3; repealed by 1999 c.880 §2]
469.232
[1989 c.926 §§4,10; 1993 c.617 §2; 1997 c.249 §165; 1997 c.632 §9; repealed by
1999 c.880 §2]
______________________________________________________________________________
469.233 Energy efficiency standards.
The following minimum energy efficiency standards for new products are
established:
(1)(a)
Automatic commercial ice cube machines must have daily energy use and daily
water use no greater than the applicable values in the following table:
______________________________________________________________________________
Equipment type Type
of Harvest rate Maximum Maximum
cooling (lbs. ice/24 hrs.) energy use condenser
(kWh/100 lbs.) water use
(gallons/100
lbs. ice)
Ice-making head water <500 7.80 -.0055H 200
-.022H
≥500<1436 5.58 -.0011H 200 -.022H
≥1436 4.0 200
-.022H
Ice-making head air <450 10.26 -.0086H Not applicable
≥450 6.89 -.0011H Not applicable
Remote
condensing
but not remote
compressor air <1000 8.85 -.0038 Not applicable
<1000 5.10 Not
applicable
Remote
condensing
and remote
compressor air <934 8.85 -.0038H Not applicable
≥934 5.30 Not
applicable
Self-contained
models water <200 11.40 -.0190H 191 -.0315H
≥200 7.60 191
-.0315H
Self-contained
Models air <175 18.0 -.0469H Not applicable
≥175 9.80 Not
applicable
Where H = harvest rate in pounds per 24
hours, which must be reported within 5 percent of the tested value. Maximum
water use applies only to water used for the condenser.
______________________________________________________________________________
(b) For purposes of this subsection,
automatic commercial ice cube machines shall be tested in accordance with the
ARI 810-2003 test method as published by the Air-Conditioning and Refrigeration
Institute. Ice-making heads include all automatic commercial ice cube machines
that are not split system ice makers or self-contained models as defined in ARI
810-2003.
(2) Commercial clothes washers must have a
minimum modified energy factor of 1.26 and a maximum water consumption factor
of 9.5. For purposes of this subsection, capacity, modified energy factor and
water consumption factor are defined and shall be measured in accordance with
the federal test method for commercial clothes washers under 10 C.F.R. 430.23.
(3) Commercial prerinse spray valves must
have a flow rate equal to or less than 1.6 gallons per minute when measured in
accordance with the ASTM International’s “Standard Test Method for Prerinse
Spray Valves,” ASTM F2324-03.
(4)(a) Commercial refrigerators or
freezers must meet the applicable requirements listed in the following table:
______________________________________________________________________________
Equipment Type Doors Maximum Daily
Energy
Consumption (kWh)
Reach-in
cabinets, pass-through
cabinets and
roll-in or roll-through Solid 0.10V + 2.04
cabinets that
are refrigerators Transparent 0.12V + 3.34
Reach-in
cabinets, pass-through
cabinets and
roll-in or roll-through
cabinets that
are “pulldown”
refrigerators Transparent 0.126V + 3.51
Reach-in
cabinets, pass-through
cabinets and
roll-in or roll-through Solid 0.40V + 1.38
cabinets that
are freezers Transparent 0.75V + 4.10
Reach-in
cabinets that are
refrigerator-freezers
with an
AV of 5.19 or
higher Solid 0.27AV - 0.71
kWh
= kilowatt hours
V
= total volume (ft6)
AV
= adjusted volume = 1.63 x freezer volume (ft3)
+ refrigerator volume (ft3)
______________________________________________________________________________
(b) For purposes of this subsection:
(A) “Pulldown” designates products
designed to take a fully stocked refrigerator with beverages at 90 degrees
Fahrenheit and cool those beverages to a stable temperature of 38 degrees
Fahrenheit within 12 hours or less.
(B) Daily energy consumption shall be
measured in accordance with the American National Standards Institute/American
Society of Heating, Refrigerating and Air-Conditioning Engineers test method
117-2002, except that:
(i) The back-loading doors of pass-through
and roll-through refrigerators and freezers must remain closed throughout the
test; and
(ii) The controls of all commercial
refrigerators or freezers shall be adjusted to obtain the following product
temperatures, in accordance with the California Code of Regulations, Title 20,
Division 2, Chapter 4, Article 4, section 1604, table A-2, effective November
27, 2002:
______________________________________________________________________________
Product or
compartment type Integrated
average product temperature
in
degrees Fahrenheit
Refrigerator 38
± 2
Freezer 0 ± 2
______________________________________________________________________________
(5) Illuminated exit signs must have an
input power demand of five watts or less per illuminated face. For purposes of
this subsection, input power demand shall be measured in accordance with the
conditions for testing established by the United States Environmental
Protection Agency’s Energy Star exit sign program version 3.0. Illuminated exit
signs must also meet all applicable building and safety codes.
(6) Metal halide lamp fixtures designed to
be operated with lamps rated greater than or equal to 150 watts but less than
or equal to 500 watts may not contain a probe-start metal halide lamp ballast.
(7)(a) Single-voltage external AC to DC
power supplies manufactured on or after July 1, 2008, must meet the
requirements in the following table:
______________________________________________________________________________
Nameplate
output Minimum
Efficiency in Active Mode
< 1 Watt
0.5 * Nameplate Output
≥ 1 Watt
And ≥51
Watts 0.09
* Ln (Nameplate Output) + 0.5
> 51 Watts 0.85
Maximum
Energy Consumption in No-Load Mode
Any Output 0.5
Watts
Where Ln
(Nameplate Output) - Natural Logarithm of the nameplate output expressed in
Watts
______________________________________________________________________________
(b) For the purposes of this subsection,
efficiency of single-voltage external AC to DC power supplies shall be measured
in accordance with the United States Environmental Protection Agency’s “Test
Method for Calculating the Energy Efficiency of Single-Voltage External AC to
DC and AC to AC Power Supplies,” dated August 11, 2004. The efficiency in the
active and no-load modes of power supplies shall be tested only at 115 volts at
60 Hz.
(8)(a) State-regulated incandescent
reflector lamps manufactured on or after January 1, 2008, must meet the minimum
efficiencies in the following table:
______________________________________________________________________________
Wattage Minimum
average lamp efficiency
(lumens per watt)
40 - 50 10.5
51 - 66 11.0
67 - 85 12.5
86 - 115 14.0
116 - 155 14.5
156 - 205 15.0
______________________________________________________________________________
(b) Lamp efficiency shall be measured in
accordance with the applicable test method found in 10 C.F.R. 430.23.
(9) Torchieres may not use more than 190
watts. A torchiere uses more than 190 watts if any commercially available lamp
or combination of lamps can be inserted in a socket and cause the torchiere to
draw more than 190 watts when operated at full brightness.
(10)(a) Traffic signal modules must have
maximum and nominal wattage that does not exceed the applicable values in the
following table:
______________________________________________________________________________
Module Type Maximum
Wattage Nominal Wattage
(at
74◦C) (at
25◦C)
12” red ball
(or 300 mm circular) 17 11
8” red ball (or
200 mm circular) 13 8
12” red arrow
(or 300 mm arrow) 12 9
12” green ball
(or 300 mm circular) 15 15
8” green ball
(or 200 mm circular) 12 12
12” green arrow
(or 300 mm arrow) 11 11
______________________________________________________________________________
(b) For purposes of this subsection,
maximum wattage and nominal wattage shall be measured in accordance with and
under the testing conditions specified by the Institute for Transportation
Engineers “Interim LED Purchase Specification, Vehicle Traffic Control Signal
Heads, Part 2: Light Emitting Diode Vehicle Traffic Signal Modules.”
(11) Unit heaters must be equipped with
intermittent ignition devices and must have either power venting or an
automatic flue damper.
(12) Bottle-type water dispensers designed
for dispensing both hot and cold water may not have standby energy consumption
greater than 1.2 kilowatt-hours per day, as measured in accordance with the
test criteria contained in Version 1 of the United States Environmental
Protection Agency’s “Energy Star Program Requirements for Bottled Water
Coolers,” except that units with an integral, automatic timer may not be tested
using Section D, “Timer Usage,” of the test criteria.
(13) Commercial hot food holding cabinets
shall have a maximum idle energy rate of 40 watts per cubic foot of interior
volume, as determined by the “Idle Energy Rate-dry Test” in ASTM F2140-01, “Standard
Test Method for Performance of Hot Food Holding Cabinets” published by ASTM
International. Interior volume shall be measured in accordance with the method
shown in the United States Environmental Protection Agency’s “Energy Star
Program Requirements for Commercial Hot Food Holding Cabinets,” as in effect on
August 15, 2003.
(14) Compact audio products may not use
more than two watts in standby passive mode for those without a permanently
illuminated clock display and four watts in standby passive mode for those with
a permanently illuminated clock display, as measured in accordance with
International Electrotechnical Commission (IEC) test method 62087:2002(E), “Methods
of Measurement for the Power Consumption of Audio, Video, and Related
Equipment.”
(15) Digital versatile disc players and
digital versatile disc recorders may not use more than three watts in standby
passive mode, as measured in accordance with International Electrotechnical
Commission (IEC) test method 62087:2002(E), “Methods of Measurement for the
Power Consumption of Audio, Video, and Related Equipment.”
(16) Portable electric spas may not have a
standby power greater than 5(V:SUPER.2/3:SEC6.) Watts where V=the total volume
in gallons, as measured in accordance with the test method for portable
electric spas contained in the California Code of Regulations, Title 20,
Division 2, Chapter 4, section 1604.
(17)(a) Walk-in refrigerators and walk-in
freezers with the applicable motor types shown in the table below shall include
the required components shown.
______________________________________________________________________________
Motor Type Required
Components
All Interior
lights: light sources with an efficacy of 45
lumens
per watt or more, including ballast losses
(if
any)
All Automatic
door closers that firmly close all
reach-in
doors
All Automatic
door closers that firmly close all walk-in
doors
no wider than 3.9 feet and no higher than
6.9
feet that have been closed to within one
inch
of full closure
All Wall,
ceiling and door insulation at least R-28 for
refrigerators
and at least R-34 for freezers
All Floor
insulation at least R-28 for freezers (no
requirement
for refrigerators)
Condenser fan
motors of (i)
Electronically commutated motors,
under one
horsepower (ii)
Permanent split capacitor-type motors, or
(iii)
Polyphase motors of ½ horsepower or more
Single-phase
evaporator Electronically
commutated motors
fan motors of
under one
horsepower and
less
than 460 volts
______________________________________________________________________________
(b) In addition to the requirements in
paragraph (a) of this subsection, walk-in refrigerators and walk-in freezers
with transparent reach-in doors shall meet the following requirements:
(A) Transparent reach-in doors shall be of
triple pane glass with either heat-reflective treated glass or gas fill;
(B) If the appliance has an anti-sweat
heater without anti-sweat controls, the appliance shall have a total door rail,
glass and frame heater power draw of no more than 40 watts if it is a freezer
or 17 watts if it is a refrigerator per foot of door frame width; and
(C) If the appliance has an anti-sweat
heater with anti-sweat heat controls, and the total door rail, glass, and frame
heater power draw is 40 watts or greater per foot of door frame width if it is
a freezer or 17 watts or greater per foot of door frame width if it is a
refrigerator, the anti-sweat heat controls shall reduce the energy use of the
anti-sweat heater in an amount corresponding to the relative humidity in the
air outside the door or to the condensation on the inner glass pane. [2005
c.437 §5; 2007 c.375 §§2,3; 2007 c.649 §2]
______________________________________________________________________________
Note:
See note under 469.229.
Note:
Section 8 (2), chapter 375, Oregon Laws 2007, provides:
Sec.
8. (2) The minimum energy efficiency
standards specified in ORS 469.233 (7) do not apply to a single-voltage
external AC to DC power supply that is made available by a manufacturer
directly to a consumer or to a service or repair facility, as a service part or
spare part, after and separate from the original sale of the product requiring
the power supply unless the single-voltage external AC to DC power supply is made
available five or more years after the effective date of this 2007 Act [June
12, 2007]. [2007 c.375 §8(2)]
469.234
[1989 c.926 §§5,9; 1993 c.617 §4; repealed by 1999 c.880 §2]
469.235
Certain reflector lamps exempt from standards. The
following state-regulated incandescent reflector lamps are exempt from the
minimum energy efficiency standards established in ORS 469.233 (8):
(1) 50 watt elliptical reflector lamps;
(2) Lamps rated at 50 watts or less of the
following types: BR 30, ER 30, BR 40 and ER 40;
(3) Lamps rated at 65 watts of the
following types: BR 40 and ER 40; and
(4) R 20 lamps of 45 watts or less. [2007
c.375 §4]
Note:
See note under 469.229.
469.236
[1989 c.926 §6; repealed by 1999 c.880 §2]
469.238
Sale of products not meeting standards prohibited; exemptions.
(1) Except as provided in subsection (2) of this section, a person may not sell
or offer for sale a new commercial clothes washer, commercial prerinse spray
valve, commercial refrigerator or freezer, illuminated exit sign, single-voltage
external AC to DC power supply, state-regulated incandescent reflector lamp,
torchiere, traffic signal module, automatic commercial ice cube machine, metal
halide lamp fixture, unit heater, bottle-type water dispenser, commercial hot
food holding cabinet, compact audio product, digital versatile disc player,
digital versatile disc recorder, portable electric spa, walk-in refrigerator or
walk-in freezer unless the energy efficiency of the new product meets or
exceeds the minimum energy efficiency standards specified in ORS 469.233.
(2) A person may sell or offer for sale a
new product not meeting efficiency standards specified in subsection (1) of
this section if the product is:
(a) Manufactured in this state and sold
outside this state;
(b) Manufactured outside this state and
sold at wholesale inside this state for final retail sale and installation
outside this state;
(c) Installed in a mobile or manufactured
home at the time of construction; or
(d) Designed expressly for installation
and use in recreational vehicles. [2005 c.437 §§2,3,4; 2007 c.649 §3]
Note:
See note under 469.229.
469.239
Installation of products not meeting standards prohibited; exemptions.
(1) Except as provided in subsection (2) of this section, a person may not install
a new commercial clothes washer, commercial prerinse spray valve, commercial
refrigerator or freezer, illuminated exit sign, single-voltage external AC to
DC power supply, state-regulated incandescent reflector lamp, torchiere,
traffic signal module, automatic commercial ice cube machine, metal halide lamp
fixture, unit heater, bottle-type water dispenser, commercial hot food holding
cabinet, compact audio product, digital versatile disc player, digital
versatile disc recorder, portable electric spa, walk-in refrigerator or walk-in
freezer for compensation unless the energy efficiency of the new product meets
or exceeds the minimum energy efficiency standards specified in ORS 469.233.
(2) A person may install a new product not
meeting efficiency standards specified in subsection (1) of this section if the
product is:
(a) Installed in a mobile or manufactured
home at the time of construction; or
(b) Designed expressly for installation
and use in recreational vehicles. [2005 c.437 §6; 2005 c.437 §7; 2007 c.649 §4]
Note:
See note under 469.229.
469.240
[1989 c.926 §§11,12; repealed by 1999 c.880 §2]
469.241
[1993 c.617 §22; repealed by 1999 c.880 §2]
469.242
[1993 c.617 §20; repealed by 1999 c.880 §2]
469.243
[1993 c.617 §21; repealed by 1999 c.880 §2]
469.244
[1989 c.926 §§16,25; repealed by 1993 c.617 §28]
469.245
[1993 c.617 §19; repealed by 1999 c.880 §2]
469.246
[1989 c.926 §§13,18; 1991 c.67 §135; 1993 c.617 §5; repealed by 1999 c.880 §2]
469.247
[1993 c.617 §16; repealed by 1999 c.880 §2]
469.248
[1989 c.926 §39; 1991 c.67 §136; 1993 c.617 §6; repealed by 1999 c.880 §2]
469.249
[1993 c.617 §18; repealed by 1999 c.880 §2]
469.250
[1989 c.926 §§7,8; 1991 c.67 §137; repealed by 1999 c.880 §2]
469.252
[1989 c.926 §§14,15; repealed by 1993 c.617 §28]
469.253
[1993 c.617 §17; repealed by 1999 c.880 §2]
469.254
[1989 c.926 §19; 1993 c.617 §7; 1997 c.838 §6; repealed by 1999 c.880 §2]
469.255
Manufacturers to test products; test methods; certification of products; rules.
(1) A manufacturer of a product specified in ORS 469.238 that is sold or
offered for sale, or installed or offered for installation, in this state shall
test samples of the manufacturer’s products in accordance with the test methods
specified in ORS 469.233 or, if more stringent, those specified in the state
building code.
(2) If the test methods for products
required to be tested under this section are not provided for in ORS 469.233 or
in the state building code, the State Department of Energy shall adopt test
methods for these products. The department shall use test methods approved by
the United States Department of Energy or, in the absence of federal test
methods, other appropriate nationally recognized test methods for guidance in
adopting test methods. The State Department of Energy may periodically review
and revise its test methods.
(3) A manufacturer of a product regulated
pursuant to ORS 469.229 to 469.261, except for manufacturers of single-voltage
external AC to DC power supplies, walk-in refrigerators and walk-in freezers,
shall certify to the State Department of Energy that the products are in
compliance with the minimum energy efficiency standards specified in ORS
469.233. The department shall establish rules governing the certification of
these products and may coordinate with the certification and testing programs
of other states and federal agencies with similar standards.
(4)(a) The department shall establish
rules governing the identification of the products that comply with the minimum
energy efficiency standards specified in ORS 469.233. The rules shall be
coordinated to the greatest extent practicable with the labeling programs of
other states and federal agencies with equivalent efficiency standards.
(b) Identification required under paragraph
(a) of this subsection shall be by means of a mark, label or tag on the product
and packaging at the time of sale or installation.
(c) The department shall waive marking,
labeling or tagging requirements for products marked, labeled or tagged in compliance
with federal requirements or for products certified pursuant to subsection (3)
of this section, unless the department determines that state marking, labeling
or tagging is required to provide adequate energy efficiency information to the
consumer. [2005 c.437 §9; 2007 c.375 §6; 2007 c.649 §5a]
Note:
See note under 469.229.
469.256
[1989 c.926 §29; repealed by 1993 c.617 §29]
469.258
[1989 c.926 §20; 1991 c.641 §6; repealed by 1999 c.880 §2]
469.259
[1991 c.641 §2; 1993 c.617 §8; repealed by 1999 c.880 §2]
469.260
[1989 c.926 §21; 1991 c.67 §138; repealed by 1999 c.880 §2]
469.261
Department to review standards; rules; postponement of operative dates of
standards; application for waiver of federal preemption.
(1)(a) Notwithstanding ORS 469.233, the State Department of Energy shall
periodically review the minimum energy efficiency standards specified in ORS
469.233.
(b) After the review pursuant to paragraph
(a) of this subsection, the Director of the State Department of Energy may
adopt rules to update the minimum energy efficiency standards specified in ORS
469.233 if the director determines that the standards need to be updated:
(A) To promote energy conservation in the
state;
(B) To achieve cost-effectiveness for
consumers; or
(C) Due to federal action or to the
outcome of collaborative consultations with manufacturers and the energy
departments of other states.
(c)(A) In addition to the rules adopted
under paragraph (b) of this subsection, the director may postpone by rule the
operative date of any of the minimum energy efficiency standards specified in
ORS 469.233 if the director determines that:
(i) Adjoining states with similar minimum
energy efficiency standards have postponed the operative date of their
corresponding minimum energy efficiency standards; or
(ii) Failure to modify the operative date
of any of the minimum energy efficiency standards would impose a substantial
hardship on manufacturers, retailers or the public.
(B)(i) The director may not postpone the
operative date of a minimum energy efficiency standard under subparagraph (A)
of this paragraph for more than one year.
(ii) If at the end of the first
postponement period the director determines that adjoining states have further
postponed the operative date of minimum energy efficiency standards and the
requirements of subparagraph (A) of this paragraph continue to be met, the
director may postpone the operative date for not more than one additional year.
(d) After the review pursuant to paragraph
(a) of this subsection, the director may adopt rules to establish new minimum
energy efficiency standards if the director determines that new standards are
needed:
(A) To promote energy conservation in the
state;
(B) To achieve cost-effectiveness for
consumers; or
(C) Due to federal action or to the
outcome of collaborative consultations with manufacturers and the energy
departments of other states.
(e) If the director adopts rules under
paragraph (b) of this subsection to update the minimum energy efficiency
standards specified in ORS 469.233 or under paragraph (d) of this subsection to
establish new minimum energy efficiency standards:
(A) The rules may not take effect until
one year following their adoption by the director; and
(B) The Governor shall cause to be introduced
at the next Legislative Assembly a bill to conform the statutory minimum energy
efficiency standards to the minimum energy efficiency standards adopted by the
director by rule.
(2) If the director determines that
implementation of a state minimum energy efficiency standard requires a waiver
of federal preemption, the director shall apply for a waiver of federal
preemption pursuant to 42 U.S.C. 6297(d). [2005 c.437 §8; 2007 c.375 §7; 2007
c.649 §6a]
Note:
See note under 469.229.
469.262
[1989 c.926 §24; repealed by 1999 c.880 §2]
469.267
[1989 c.926 §26; 1993 c.617 §9; repealed by 1999 c.880 §2]
469.269
[1989 c.926 §27; 1993 c.617 §10; repealed by 1999 c.880 §2]
469.270
[1989 c.926 §28; 1991 c.67 §139; repealed by 1993 c.617 §29]
469.274
[1989 c.926 §§31,32; 1991 c.641 §7; 1993 c.617 §11; repealed by 1999 c.880 §2]
469.276
[1989 c.926 §33; repealed by 1999 c.880 §2]
469.278
[1989 c.926 §34; repealed by 1999 c.880 §2]
469.280
[1989 c.926 §35; repealed by 1999 c.880 §2]
469.282
[1989 c.926 §36; repealed by 1999 c.880 §2]
469.284
[1989 c.926 §37; repealed by 1999 c.880 §2]
469.286
[1989 c.926 §38; 1991 c.67 §140; 1993 c.617 §12; repealed by 1999 c.880 §2]
469.290
[1989 c.926 §23; 1991 c.641 §8; 1993 c.617 §13; repealed by 1999 c.880 §2]
469.292
[1989 c.926 §22; 1991 c.641 §9; repealed by 1999 c.880 §2]
469.296
[1989 c.926 §17; 1993 c.617 §14; repealed by 1999 c.880 §2]
469.298
[1989 c.926 §2; repealed by 1999 c.880 §2]
REGULATION
OF ENERGY FACILITIES
(General
Provisions)
469.300
Definitions. 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.
(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. [Formerly 453.305; 1977
c.796 §1; 1979 c.283 §1; 1981 c.587 §1; 1981 c.629 §2; 1981 c.707 §1; 1981
c.866 §1; 1991 c.480 §4; 1993 c.544 §3; 1993 c.569 §3; 1995 c.505 §6; 1995
c.551 §10; 1997 c.606 §1; 1999 c.365 §5; 2001 c.134 §2; 2001 c.683 §6; 2003
c.186 §28]
469.310
Policy. In the interests of the public health
and the welfare of the people of this state, it is the declared public policy
of this state that the siting, construction and operation of energy facilities
shall be accomplished in a manner consistent with protection of the public
health and safety and in compliance with the energy policy and air, water,
solid waste, land use and other environmental protection policies of this
state. It is, therefore, the purpose of ORS 469.300 to 469.563, 469.590 to
469.619, 469.930 and 469.992 to exercise the jurisdiction of the State of
Oregon to the maximum extent permitted by the United States Constitution and to
establish in cooperation with the federal government a comprehensive system for
the siting, monitoring and regulating of the location, construction and
operation of all energy facilities in this state. It is furthermore the policy
of this state, notwithstanding ORS 469.010 (2)(f) and the definition of
cost-effective in ORS 469.020, that the need for new generating facilities, as
defined in ORS 469.503, is sufficiently addressed by reliance on competition in
the market rather than by consideration of cost-effectiveness and shall not be
a matter requiring determination by the Energy Facility Siting Council in the
siting of a generating facility, as defined in ORS 469.503. [Formerly 453.315;
1997 c.428 §1; 2003 c.186 §29]
(Siting)
469.320
Site certificate required; exceptions. (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 average annual operating
conditions, has a 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 determination 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, oilseeds, 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. [Formerly 453.325; 1977 c.86 §1; 1979
c.730 §8; 1982 s.s.1 c.6 §1; 1987 c.200 §5; 1991 c.480 §5; 1993 c.569 §4; 1995
c.505 §7; 1999 c.365 §6; 1999 c.385 §1; 2001 c.134 §§3,4; 2001 c.683 §§7,8;
2003 c.186 §§76,77; 2005 c.768 §§1,2; 2007 c.739 §33; 2009 c.751 §7]
469.330
Notice of intent to file application for site certificate; public notice;
standards, application requirements and study requirements; project order;
rules. (1) Each applicant for a site
certificate shall submit to the Energy Facility Siting Council a notice of
intent to file an application for a site certificate. The notice of intent must
provide information about the proposed site and the characteristics of the
facility sufficient for the preparation of the State Department of Energy’s
project order.
(2) The council shall cause public notice
to be given upon receipt of a notice of intent by the council. The public
notice shall provide a description of the proposed site and facility in
sufficient detail to inform the public of the location and proposed use of the
site.
(3) Following review of the notice of
intent and any public comments received in response to the notice of intent,
the department may hold a preapplication conference with state agencies and
local governments that have regulatory or advisory responsibility with respect to
the facility. After the preapplication conference, the department shall issue a
project order establishing the statutes, administrative rules, council
standards, local ordinances, application requirements and study requirements
for the site certificate application. A project order is not a final order.
(4) A project order issued under
subsection (3) of this section may be amended at any time by either the
department or the council. [Formerly 453.335; 1977 c.794 §9; 1989 c.88 §1; 1993
c.569 §5; 1995 c.505 §8]
469.340
[1975 c.552 §37; 1975 c.606 §26a; repealed by 1981 c.629 §3]
469.350
Application for site certificate; comment and recommendation.
(1) Applications for site certificates shall be made to the Energy Facility
Siting Council in a form prescribed by the council and accompanied by the fee
required by ORS 469.421.
(2) Copies of the notice of intent and of
the application shall be sent for comment and recommendation within specified
deadlines established by the council to the Department of Environmental
Quality, the Water Resources Commission, the State Fish and Wildlife
Commission, the Water Resources Director, the State Geologist, the State
Forestry Department, the Public Utility Commission of Oregon, the State
Department of Agriculture, the Department of Land Conservation and Development,
the Oregon Department of Aviation, any other state agency that has regulatory
or advisory responsibility with respect to the facility and any city or county
affected by the application.
(3) Any state agency, city or county that
is requested by the council to comment and make recommendations under this
section shall respond to the council by the specified deadline. If a state
agency, city or county determines that it cannot respond to the council by the
specified deadline because the state agency, city or county lacks sufficient
resources to review and comment on the application, the state agency, city or
county shall contract with another entity to assist in preparing a response. A
state agency, city or county that enters into a contract to assist in preparing
a response may request funding to pay for that contract from the council
pursuant to ORS 469.360.
(4) The State Department of Energy shall
notify the applicant whether the application is complete. When the department
determines an application is complete, the department shall notify the
applicant and provide notice to the public. [Formerly 453.345; 1977 c.794 §10;
1989 c.88 §2; 1993 c.569 §6; 1995 c.505 §9; 2001 c.683 §10; 2009 c.399 §4]
469.360
Evaluation of site applications; costs; payment.
(1) The Energy Facility Siting Council shall evaluate each site certificate
application. As part of its evaluation, the council may commission an
independent study by an independent contractor, state agency, local government
or any other person, of any aspect of the proposed facility within its
statutory authority to review. The council may compensate a state agency or
local government for expenses related to:
(a) Review of the notice of intent, the
application or a request for an expedited review;
(b) The state agency’s or local government’s
participation in a council proceeding; and
(c) The performance of specific studies
necessary to complete the council’s statutory evaluation of the application.
(2) The council may enter into a contract
under subsection (1) of this section only after the council makes a
determination that the council is unable to fully evaluate the application
without assistance and identifies specific issues to be addressed and only
pursuant to a written contract or agreement with the independent contractor,
state agency, local government or other person. The council shall compensate
the independent contractor, state agency, local government or other person only
to the extent the costs are directly related to issues identified by the
council.
(3) The council shall provide funding to
state agencies, cities or counties required to contract with another entity to
complete comments and recommendations pursuant to ORS 469.350.
(4) In addition to compensating state
agencies and local governments pursuant to subsection (1) of this section, the
council may provide funding to the Department of Environmental Quality for the
department to conduct modeling and provide technical assistance to expedite
preparation, submission and review of applications for permits under ORS
468A.040 required for energy facilities. [Formerly 453.355; 1987 c.450 §1; 1989
c.88 §3; 1993 c.569 §7; 1995 c.505 §10; 2001 c.683 §11]
469.370
Draft proposed order for hearing; issues raised; final order; expedited
processing. (1) Based on its review of the
application and the comments and recommendations on the application from state
agencies and local governments, the State Department of Energy shall prepare
and issue a draft proposed order on the application.
(2) Following issuance of the draft
proposed order, the Energy Facility Siting Council shall hold one or more
public hearings on the application for a site certificate in the affected area
and elsewhere, as the council considers necessary. Notice of the hearing shall
be mailed at least 20 days before the hearing. The notice shall, at a minimum:
(a) Comply with the requirements of ORS
197.763 (2), with respect to the persons notified;
(b) Include a description of the facility
and the facility’s general location;
(c) Include the name of an agency
representative to contact and the telephone number where additional information
may be obtained;
(d) State that copies of the application
and draft proposed order are available for inspection at no cost and will be
provided at a reasonable cost; and
(e) State that failure to raise an issue
in person or in writing prior to the close of the record of the public hearing
with sufficient specificity to afford the decision maker an opportunity to
respond to the issue precludes consideration of the issue in a contested case.
(3) Any issue that may be the basis for a
contested case shall be raised not later than the close of the record at or
following the final public hearing prior to issuance of the department’s
proposed order. Such issues shall be raised with sufficient specificity to
afford the council, the department and the applicant an adequate opportunity to
respond to each issue. A statement of this requirement shall be made at the
commencement of any public hearing on the application.
(4) After reviewing the application, the
draft proposed order and any testimony given at the public hearing and after
consulting with other agencies, the department shall issue a proposed order
recommending approval or rejection of the application. The department shall
issue public notice of the proposed order, that shall include notice of a
contested case hearing specifying a deadline for requests to participate as a
party or limited party and a date for the prehearing conference.
(5) Following receipt of the proposed
order from the department, the council shall conduct a contested case hearing
on the application for a site certificate in accordance with the applicable
provisions of ORS chapter 183 and any procedures adopted by the council. The
applicant shall be a party to the contested case. The council may permit any
other person to become a party to the contested case in support of or in
opposition to the application only if the person appeared in person or in
writing at the public hearing on the site certificate application. Issues that
may be the basis for a contested case shall be limited to those raised on the
record of the public hearing under subsection (3) of this section, unless:
(a) The department failed to follow the
requirements of subsection (2) or (3) of this section; or
(b) The action recommended in the proposed
order, including any recommended conditions of the approval, differs materially
from that described in the draft proposed order, in which case only new issues
related to such differences may be raised.
(6) If no person requests party status to
challenge the department’s proposed order, the proposed order shall be
forwarded to the council and the contested case hearing shall be concluded.
(7) At the conclusion of the contested
case, the council shall issue a final order, either approving or rejecting the
application based upon the standards adopted under ORS 469.501 and any
additional statutes, rules or local ordinances determined to be applicable to
the facility by the project order, as amended. The council shall make its
decision by the affirmative vote of at least four members approving or
rejecting any application for a site certificate. The council may amend or
reject the proposed order, so long as the council provides public notice of its
hearing to adopt a final order, and provides an opportunity for the applicant
and any party to the contested case to comment on material changes to the
proposed order, including material changes to conditions of approval resulting
from the council’s review. The council’s order shall be considered a final
order for purposes of appeal.
(8) Rejection or approval of an
application, together with any conditions that may be attached to the
certificate, shall be subject to judicial review as provided in ORS 469.403.
(9) The council shall either approve or
reject an application for a site certificate:
(a) Within 24 months after filing an
application for a nuclear installation, or for a thermal power plant, other
than that described in paragraph (b) of this subsection, with a nameplate
rating of more than 200,000 kilowatts;
(b) Within nine months after filing of an
application for a site certificate for a combustion turbine power plant, a
geothermal-fueled power plant or an underground storage facility for natural
gas;
(c) Within six months after filing an
application for a site certificate for an energy facility, if the application
is:
(A) To expand an existing industrial
facility to include an energy facility;
(B) To expand an existing energy facility
to achieve a nominal electric generating capacity of between 25 and 50
megawatts; or
(C) To add injection or withdrawal
capacity to an existing underground gas storage facility; or
(d) Within 12 months after filing an
application for a site certificate for any other energy facility.
(10) At the request of the applicant, the
council shall allow expedited processing of an application for a site
certificate for an energy facility with an average electric generating capacity
of less than 100 megawatts. No notice of intent shall be required. Following
approval of a request for expedited review, the department shall issue a
project order, which may be amended at any time. The council shall either
approve or reject an application for a site certificate within six months after
filing the site certificate application if there are no intervenors in the
contested case conducted under subsection (5) of this section. If there are
intervenors in the contested case, the council shall either approve or reject
an application within nine months after filing the site certificate
application. For purposes of this subsection, the generating capacity of a
thermal power plant is the nameplate rating of the electrical generator proposed
to be installed in the plant.
(11) Failure of the council to comply with
the deadlines set forth in subsection (9) or (10) of this section shall not
result in the automatic issuance or denial of a site certificate.
(12) The council shall specify in the site
certificate a date by which construction of the facility must begin.
(13) For a facility that is subject to and
has been or will be reviewed by a federal agency under the National
Environmental Policy Act, 42 U.S.C. Section 4321, et seq., the council shall
conduct its site certificate review, to the maximum extent feasible, in a
manner that is consistent with and does not duplicate the federal agency
review. Such coordination shall include, but need not be limited to:
(a) Elimination of duplicative
application, study and reporting requirements;
(b) Council use of information generated
and documents prepared for the federal agency review;
(c) Development with the federal agency
and reliance on a joint record to address applicable council standards;
(d) Whenever feasible, joint hearings and
issuance of a site certificate decision in a time frame consistent with the
federal agency review; and
(e) To the extent consistent with
applicable state standards, establishment of conditions in any site certificate
that are consistent with the conditions established by the federal agency. [Formerly
453.365; 1977 c.296 §14; 1977 c.794 §11; 1977 c.895 §1; 1985 c.569 §17; 1993
c.544 §4; 1993 c.569 §8; 1995 c.79 §288; 1995 c.505 §11; 1997 c.428 §2; 2001
c.134 §6]
469.371
[1985 c.569 §5; 1991 c.480 §6; repealed by 1993 c.544 §9]
469.372
[1985 c.569 §14; 1985 c.673 §196; repealed by 1993 c.544 §9]
469.373
Expedited processing for certain natural gas energy facilities.
(1) Notwithstanding the expedited review process established pursuant to ORS
469.370, an applicant may apply under the provisions of this section for
expedited review of an application for a site certificate for an energy
facility if the energy facility:
(a) Is a combustion turbine energy facility
fueled by natural gas or is a reciprocating engine fueled by natural gas,
including an energy facility that uses petroleum distillate fuels for backup
power generation;
(b) Is a permitted or conditional use
allowed under an applicable local acknowledged comprehensive plan, land use
regulation or federal land use plan, and is located:
(A) At or adjacent to an existing energy
facility; or
(B)(i) At, adjacent to or in close
proximity to an existing industrial use; and
(ii) In an area currently zoned or
designated for industrial use;
(c)(A) Requires no more than three miles
of associated transmission lines or three miles of new natural gas pipelines
outside of existing rights of way for transmission lines or natural gas
pipelines; or
(B) Imposes, in the determination of the
Energy Facility Siting Council, no significant impact in the locating of
associated transmission lines or new natural gas pipelines outside of existing
rights of way;
(d) Requires no new water right or water
right transfer;
(e) Provides funds to a qualified
organization in an amount determined by the council to be sufficient to produce
any required reduction in emissions as specified in ORS 469.503 (2)(c)(C) and
in rules adopted under ORS 469.503 for the total carbon dioxide emissions
produced by the energy facility for the life of the energy facility; and
(f)(A) Discharges process wastewater to a
wastewater treatment facility that has an existing National Pollutant Discharge
Elimination System permit, can obtain an industrial pretreatment permit, if
needed, within the expedited review process time frame and has written
confirmation from the wastewater facility permit holder that the additional
wastewater load will be accommodated by the facility without resulting in a
significant thermal increase in the facility effluent or without requiring any
changes to the wastewater facility National Pollutant Discharge Elimination
System permit;
(B) Plans to discharge process wastewater
to a wastewater treatment facility owned by a municipal corporation that will
accommodate the wastewater from the energy facility and supplies evidence from
the municipal corporation that:
(i) The municipal corporation has
included, or intends to include, the process wastewater load from the energy
facility in an application for a National Pollutant Discharge Elimination
System permit; and
(ii) All conditions required of the energy
facility to allow the discharge of process wastewater from the energy facility
will be satisfied; or
(C) Obtains a National Pollutant Discharge
Elimination System or water pollution control facility permit for process
wastewater disposal, supplies evidence to support a finding that the discharge
can likely be permitted within the expedited review process time frame and that
the discharge will not require:
(i) A new National Pollutant Discharge
Elimination System permit, except for a storm water general permit for
construction activities; or
(ii) A change in any effluent limit or
discharge location under an existing National Pollutant Discharge Elimination
System or water pollution control facility permit.
(2) An applicant seeking expedited review
under this section shall submit documentation to the State Department of
Energy, prior to the submission of an application for a site certificate, that
demonstrates that the energy facility meets the qualifications set forth in
subsection (1) of this section. The department shall determine, within 14 days
of receipt of the documentation, on a preliminary, nonbinding basis, whether
the energy facility qualifies for expedited review.
(3) If the department determines that the
energy facility preliminarily qualifies for expedited review, the applicant may
submit an application for expedited review. Within 30 days after the date that
the application for expedited review is submitted, the department shall
determine whether the application is complete. If the department determines
that the application is complete, the application shall be deemed filed on the
date that the department sends the applicant notice of its determination. If
the department determines that the application is not complete, the department
shall notify the applicant of the deficiencies in the application and shall
deem the application filed on the date that the department determines that the
application is complete. The department or the council may request additional
information from the applicant at any time.
(4) The State Department of Energy shall
send a copy of a filed application to the Department of Environmental Quality,
the Water Resources Department, the State Department of Fish and Wildlife, the
State Department of Geology and Mineral Industries, the State Department of
Agriculture, the Department of Land Conservation and Development, the Public
Utility Commission and any other state agency, city, county or political
subdivision of the state that has regulatory or advisory responsibility with
respect to the proposed energy facility. The State Department of Energy shall
send with the copy of the filed application a notice specifying that:
(a) In the event the council issues a site
certificate for the energy facility, the site certificate will bind the state
and all counties, cities and political subdivisions in the state as to the
approval of the site, the construction of the energy facility and the operation
of the energy facility, and that after the issuance of a site certificate, all
permits, licenses and certificates addressed in the site certificate must be
issued as required by ORS 469.401 (3); and
(b) The comments and recommendations of
state agencies, counties, cities and political subdivisions concerning whether
the proposed energy facility complies with any statute, rule or local ordinance
that the state agency, county, city or political subdivision would normally
administer in determining whether a permit, license or certificate required for
the construction or operation of the energy facility should be approved will be
considered only if the comments and recommendations are received by the
department within a reasonable time after the date the application and notice
of the application are sent by the department.
(5) Within 90 days after the date that the
application was filed, the department shall issue a draft proposed order
setting forth:
(a) A description of the proposed energy
facility;
(b) A list of the permits, licenses and
certificates that are addressed in the application and that are required for
the construction or operation of the proposed energy facility;
(c) A list of the statutes, rules and local
ordinances that are the standards and criteria for approval of any permit,
license or certificate addressed in the application and that are required for
the construction or operation of the proposed energy facility; and
(d) Proposed findings specifying how the
proposed energy facility complies with the applicable standards and criteria
for approval of a site certificate.
(6) The council shall review the
application for site certification in the manner set forth in subsections (7)
to (10) of this section and shall issue a site certificate for the facility if
the council determines that the facility, with any required conditions to the
site certificate, will comply with:
(a) The requirements for expedited review
as specified in this section;
(b) The standards adopted by the council
pursuant to ORS 469.501 (1)(a), (c) to (e), (g), (h) and (L) to (o);
(c) The requirements of ORS 469.503 (3);
and
(d) The requirements of ORS 469.504
(1)(b).
(7) Following submission of an application
for a site certificate, the council shall hold a public informational meeting
on the application. Following the issuance of the proposed order, the council
shall hold at least one public hearing on the application. The public hearing
shall be held in the area affected by the energy facility. The council shall
mail notice of the hearing at least 20 days prior to the hearing. The notice
shall comply with the notice requirements of ORS 197.763 (2) and shall include,
but need not be limited to, the following:
(a) A description of the energy facility
and the general location of the energy facility;
(b) The name of a department
representative to contact and the telephone number at which people may obtain
additional information;
(c) A statement that copies of the
application and proposed order are available for inspection at no cost and will
be provided at reasonable cost; and
(d) A statement that the record for public
comment on the application will close at the conclusion of the hearing and that
failure to raise an issue in person or in writing prior to the close of the
record, with sufficient specificity to afford the decision maker an opportunity
to respond to the issue, will preclude consideration of the issue, by the
council or by a court on judicial review of the council’s decision.
(8) Prior to the conclusion of the
hearing, the applicant may request an opportunity to present additional written
evidence, arguments or testimony regarding the application. In the alternative,
prior to the conclusion of the hearing, the applicant may request a contested
case hearing on the application. If the applicant requests an opportunity to
present written evidence, arguments or testimony, the council shall leave the
record open for that purpose only for a period not to exceed 14 days after the
date of the hearing. Following the close of the record, the department shall
prepare a draft final order for the council. If the applicant requests a
contested case hearing, the council may grant the request if the applicant has
shown good cause for a contested case hearing. If a request for a contested
case hearing is granted, subsections (9) to (11) of this section do not apply,
and the application shall be considered under the same contested case
procedures used for a nonexpedited application for a site certificate.
(9) The council shall make its decision
based on the record and the draft final order prepared by the department. The
council shall, within six months of the date that the application is deemed
filed:
(a) Grant the application;
(b) Grant the application with conditions;
(c) Deny the application; or
(d) Return the application to the site
certification process required by ORS 469.320.
(10) If the application is granted, the
council shall issue a site certificate pursuant to ORS 469.401 and 469.402.
Notwithstanding subsection (6) of this section, the council may impose
conditions based on standards adopted under ORS 469.501 (1)(b), (f) and (i) to
(k), but may not deny an application based on those standards.
(11) Judicial review of the approval or
rejection of a site certificate by the council under this section shall be as
provided in ORS 469.403. [2001 c.683 §15; 2011 c.298 §1]
Note:
Section 4, chapter 298, Oregon Laws 2011, provides:
Sec.
4. The amendments to ORS 469.373 and
469.503 by sections 1 and 2 of this 2011 Act apply to:
(1) All site certificates or amended site
certificates approved by the Energy Facility Siting Council on or after the
operative date specified in section 3 of this 2011 Act [October 1, 2011]; and
(2) All offset funds held by or paid to a
qualified organization on or after the operative date specified in section 3 of
this 2011 Act. [2011 c.298 §4]
Note:
469.373 was added to and made a part of 469.300 to 469.563 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
469.374
[1985 c.569 §15; repealed by 1993 c.544 §9]
469.375
Required findings for radioactive waste disposal facility certificate.
The Energy Facility Siting Council shall not issue a site certificate for a
waste disposal facility for uranium mine overburden or uranium mill tailings,
mill wastes or mill by-product or for radioactive waste or radioactively
contaminated containers or receptacles used in the transportation, storage, use
or application of radioactive material, unless, accompanying its decision it
finds:
(1) The site is:
(a) Suitable for disposal of such wastes,
and the amount of the wastes, intended for disposal at the site;
(b) Not located in or adjacent to:
(A) An area determined to be potentially
subject to river or creek erosion within the lifetime of the facility;
(B) Within the 500-year floodplain of a
river, taking into consideration the area determined to be potentially subject
to river or creek erosion within the lifetime of the facility;
(C) An active fault or an active fault
zone;
(D) An area of ancient, recent or active
mass movement including land sliding, flow or creep;
(E) An area subject to ocean erosion; or
(F) An area having experienced volcanic
activity within the last two million years.
(2) There is no available disposal
technology and no available alternative site for disposal of such wastes that
would better protect the health, safety and welfare of the public and the
environment;
(3) The disposal of such wastes and the
amount of the wastes, at the site will be compatible with the regulatory
programs of federal government for disposal of such wastes;
(4) The disposal of such wastes, and the
amount of the wastes, at the site will be coordinated with the regulatory
programs of adjacent states for disposal of such wastes;
(5) That following closure of the site,
there will be no release of radioactive materials or radiation from the waste;
(6) That suitable deed restrictions have
been placed on the site recognizing the hazard of the material; and
(7) That, where federal funding for
remedial actions is not available, a surety bond in the name of the state has
been provided in an amount determined by the State Department of Energy to be
sufficient to cover any costs of closing the site and monitoring it or
providing for its security after closure and to secure performance of any site
certificate conditions. The bond may be withdrawn when the council finds that:
(a) The radioactive waste has been
disposed of at a waste disposal facility for which a site certificate has been
issued; and
(b) A fee has been paid to the State of
Oregon sufficient for monitoring the site after closure.
(8) If any section, portion, clause or
phrase of this section is for any reason held to be invalid or unconstitutional
the remaining sections, portions, clauses and phrases shall not be affected but
shall remain in full force or effect, and to this end the provisions of this
section are severable. [Formerly 459.625; 1979 c.283 §3; 1981 c.587 §3; 1985
c.4]
469.378
Land use compatibility statement for energy facility.
Notwithstanding ORS 197.180, when a state agency action or recommendation
concerning an energy facility requires a land use compatibility statement prior
to the action being completed, the state agency shall satisfy any applicable
requirement of ORS 197.180 by conditioning the agency action or recommendation
on a determination by either the Energy Facility Siting Council or the
applicable city or county that the energy facility as affected by the state
agency action satisfies, or will continue to satisfy, the applicable
requirements of ORS 197.180. [2001 c.683 §17]
Note:
469.378 was added to and made a part of 469.300 to 469.563 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
469.380
[Formerly 453.375; 1977 c.794 §12; 1977 c.895 §2; 1993 c.569 §9; repealed by
1995 c.505 §32]
469.390
[Formerly 453.385; repealed by 1993 c.569 §31]
469.400
[Formerly 453.395; 1977 c.794 §13; 1977 c.895 §3; repealed by 1993 c.569 §10
(469.401 and 469.403 enacted in lieu of 469.400)]
469.401
Energy facility site certificate; conditions; effect of issuance on state and local
government agencies. (1) Upon approval, the site
certificate or any amended site certificate with any conditions prescribed by
the Energy Facility Siting Council shall be executed by the chairperson of the
council and by the applicant. The certificate or amended certificate shall
authorize the applicant to construct, operate and retire the facility subject
to the conditions set forth in the site certificate or amended site
certificate. The duration of the site certificate or amended site certificate
shall be the life of the facility.
(2) The site certificate or amended site
certificate shall contain conditions for the protection of the public health
and safety, for the time for completion of construction, and to ensure
compliance with the standards, statutes and rules described in ORS 469.501 and
469.503. The site certificate or amended site certificate shall require both
parties to abide by local ordinances and state law and the rules of the council
in effect on the date the site certificate or amended site certificate is
executed, except that upon a clear showing of a significant threat to the
public health, safety or the environment that requires application of
later-adopted laws or rules, the council may require compliance with such
later-adopted laws or rules. For a permit addressed in the site certificate or
amended site certificate, the site certificate or amended site certificate
shall provide for facility compliance with applicable state and federal laws
adopted in the future to the extent that such compliance is required under the
respective state agency statutes and rules.
(3) Subject to the conditions set forth in
the site certificate or amended site certificate, any certificate or amended
certificate signed by the chairperson of the council shall bind the state and
all counties and cities and political subdivisions in this state as to the
approval of the site and the construction and operation of the facility. After
issuance of the site certificate or amended site certificate, any affected
state agency, county, city and political subdivision shall, upon submission by
the applicant of the proper applications and payment of the proper fees, but
without hearings or other proceedings, promptly issue the permits, licenses and
certificates addressed in the site certificate or amended site certificate,
subject only to conditions set forth in the site certificate or amended site
certificate. After the site certificate or amended site certificate is issued,
the only issue to be decided in an administrative or judicial review of a state
agency or local government permit for which compliance with governing law was
considered and determined in the site certificate or amended site certificate
proceeding shall be whether the permit is consistent with the terms of the site
certificate or amended site certificate. Each state or local government agency
that issues a permit, license or certificate shall continue to exercise
enforcement authority over the permit, license or certificate.
(4) Nothing in ORS chapter 469 shall be
construed to preempt the jurisdiction of any state agency or local government
over matters that are not included in and governed by the site certificate or
amended site certificate. Such matters include but are not limited to employee
health and safety, building code compliance, wage and hour or other labor
regulations, local government fees and charges or other design or operational
issues that do not relate to siting the facility. [1993 c.569 §11 (469.401 and
469.403 enacted in lieu of 469.400); 1995 c.505 §12; 1999 c.385 §2]
469.402
Delegation of review of future action required by site certificate.
If the Energy Facility Siting Council elects to impose conditions on a site
certificate or an amended site certificate, that require subsequent review and
approval of a future action, the council may delegate the future review and
approval to the State Department of Energy if, in the council’s discretion, the
delegation is warranted under the circumstances of the case. [1995 c.505 §27;
1999 c.385 §3]
Note:
469.402 was added to and made a part of 469.300 to 469.563 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
469.403
Rehearing on approval or rejection of application for site certificate or
amendment; appeal; judicial review vested in Supreme Court; stay of order.
(1) Any party to a contested case proceeding may apply for rehearing within 30
days from the date the approval or rejection is served. The date of service
shall be the date on which the Energy Facility Siting Council delivered or
mailed its approval or rejection in accordance with ORS 183.470. The
application for rehearing shall set forth specifically the ground upon which
the application is based. No objection to the council’s approval or rejection
of an application for a site certificate or a site certificate amendment shall
be considered on rehearing without good cause shown unless the basis for the
objection is urged with reasonable specificity before the council in the site
certificate or amended site certificate process. Upon such application, the
council shall have the power to grant or deny rehearing or to abrogate or
modify its order without further hearing. Unless the council acts upon the
application for rehearing within 30 days after the application is filed, the
application shall be considered denied. The filing of an application for
rehearing shall not, unless specifically ordered by the council, operate as a
stay of the site certificate or amended site certificate for the facility.
(2) Any party to a contested case
proceeding on a site certificate or amended site certificate application may
appeal the council’s approval or rejection of the site certificate or amended
site certificate application. Issues on appeal shall be limited to those raised
by the parties to the contested case proceeding before the council.
(3) Jurisdiction for judicial review of
the council’s approval or rejection of an application for a site certificate or
amended site certificate is conferred upon the Supreme Court. Proceedings for
review shall be instituted by filing a petition in the Supreme Court. The
petition shall be filed within 60 days after the date of service of the council’s
final order or within 30 days after the date the petition for rehearing is
denied or deemed denied. Date of service shall be the date on which the council
delivered or mailed its order in accordance with ORS 183.470.
(4) The filing of a petition for judicial
review may not stay the order, except that a party to the contested case may
apply to the Supreme Court for a stay upon a showing that there is a colorable
claim of error and that:
(a) The petitioner will suffer irreparable
injury; or
(b) Construction of the energy facility
will result in irreparable harm to resources protected by applicable council
standards or applicable agency or local government standards.
(5) If the Supreme Court grants a stay
pursuant to subsection (4) of this section, the court:
(a) Shall require the petitioner
requesting the stay to give an undertaking in the amount of $5,000.
(b) May grant a stay in whole or in part.
(c) May impose other reasonable conditions
on the stay.
(6) Except as otherwise provided in ORS
469.320 and this section, the review by the Supreme Court shall be the same as
the review by the Court of Appeals described in ORS 183.482. The Supreme Court
shall give priority on its docket to such a petition for review and shall
render a decision within six months of the filing of the petition for review.
(7) The following periods of delay shall
be excluded from the six-month period within which the court must render a
decision under subsection (6) of this section:
(a) Any period of delay resulting from a
motion properly before the court; or
(b) Any reasonable period of delay
resulting from a continuance granted by the court on the court’s own motion or
at the request of one of the parties, if the court granted the continuance on
the basis of findings that the ends of justice served by granting the
continuance outweigh the best interests of the public and the other parties in
having a decision within six months.
(8) No period of delay resulting from a
continuance granted by the Supreme Court under subsection (7)(b) of this
section shall be excluded from the six-month period unless the court sets
forth, in the record, either orally or in writing, its reasons for finding that
the ends of justice served by granting the continuance outweigh the best
interests of the public and the other parties in having a decision within six
months. The factors the court shall consider in determining whether to grant a
continuance under subsection (7)(b) of this section are:
(a) Whether the failure to grant a
continuance in the proceeding would be likely to make a continuation of the
proceeding impossible or result in a miscarriage of justice; or
(b) Whether the case is so unusual or so
complex, due to the number of parties involved or the existence of novel
questions of fact or law, that it is unreasonable to expect adequate
consideration of the issues within the six-month period.
(9) No continuance under subsection (7)(b)
of this section shall be granted because of general congestion of the court
calendar or lack of diligent preparation or attention to the case by any member
of the court or any party. [1993 c.569 §12 (469.401 and 469.403 enacted in lieu
of 469.400); 1995 c.505 §13; 1999 c.385 §4; 2001 c.683 §12]
469.405
Amendment of site certificate; judicial review; exemption; rules.
(1) A site certificate may be amended with the approval of the Energy Facility
Siting Council. The council may establish by rule the type of amendment that
must be considered in a contested case proceeding. Judicial review of an
amendment to a site certificate shall be as provided in ORS 469.403.
(2) Notwithstanding ORS 34.020 or 197.825,
or any other provision of law, the land use approval by an affected local
government of a proposed amendment to a facility and the recommendation of the
special advisory group of applicable substantive criteria shall be subject to
judicial review only as provided in ORS 469.403. If the applicant elects to
show compliance with the statewide planning goals by demonstrating that the
facility has received local land use approval, the provisions of this section
shall apply only to proposed projects for which the land use approval by the
local government occurs after the date an application for amendment is
submitted to the State Department of Energy.
(3) An amendment to a site certificate is
not required for a pipeline less than 16 inches in diameter and less than five
miles in length that is proposed to be constructed to test or maintain an
underground gas storage reservoir. If the proposed pipeline will connect to a
council certified surface facility related to an underground gas storage
reservoir or to a council certified gas pipeline, whether the proposed pipeline
is to be located inside or outside the site of a council certified facility,
the certificate holder must obtain, prior to construction, the approval of the
department for the construction, operation and retirement of the proposed
pipeline. The department shall approve such a proposed pipeline if the pipeline
meets applicable council substantive standards. Notwithstanding ORS 469.503
(3), the department may not review the proposed pipeline for compliance with
other state standards. Notwithstanding ORS 469.503 (4), or any council rule
addressing compliance with land use standards, the department shall not review
such a proposed pipeline for compliance with land use requirements.
Notwithstanding ORS 469.401 (3), the approval by the department of such
pipeline shall not bind any state or local agency. The council may adopt
appropriate procedural rules for the department review. The department shall issue
an order approving or rejecting the proposed pipeline. Judicial review of a
department order under this section shall be as provided in ORS 469.403. [1995
c.505 §2; 1999 c.385 §5]
Note:
469.405 was added to and made a part of 469.300 to 469.563 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
469.407
Amendment of application to increase capacity of facility.
(1) A recipient may by amendment of its application for a site certificate or
by amendment of its site certificate increase the capacity of the facility if
the Energy Facility Siting Council finds that:
(a) The facility will satisfy the
conditions of the 500-megawatt exemption, unless modified by the council;
(b) The enlarged facility does not exceed
500 megawatts and meets the applicable carbon dioxide standard provided for in
ORS 469.503 (2) for any increase in capacity beyond the capacity of the
500-megawatt exemption; and
(c) The enlarged facility meets all other
applicable council standards.
(2) A recipient is deemed to meet any
applicable need standard and carbon dioxide emissions standard for the nominal
generating capacity of the 500-megawatt exemption provided that the recipient
satisfies the conditions of the 500-megawatt exemption, unless the council
modifies the conditions.
(3) As used in this section:
(a) “Recipient” means any base load gas
plant, as defined in ORS 469.503, determined by the council to have the lowest
net monetized air emissions among the applicants participating in a contested
case proceeding.
(b) “500-megawatt exemption” means the
council order in which a recipient was determined to have the lowest net
monetized air emissions. [1997 c.428 §8]
Note:
469.407 and 469.409 were added to and made a part of 469.300 to 469.563 by
legislative action but were not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.
469.409
Amendment of site certificate to demonstrate compliance with carbon dioxide
emissions standard; binding arbitration to resolve disputes.
Any site certificate holder that is required by its site certificate or by law
to demonstrate need for the facility shall instead demonstrate compliance with
the carbon dioxide emissions standard applicable to the type of facility
subject to the site certificate before beginning construction. Such a
demonstration shall be made as an amendment to the site certificate.
Notwithstanding ORS 469.405 or any council rule, if the site certificate holder
proceeds pursuant to ORS 469.503 (2)(c)(A) or (C), or both, the Energy Facility
Siting Council shall not conduct a contested case hearing on such amendment and
the council’s order shall not be subject to judicial review. Any dispute about
the site certificate holder’s demonstration of compliance with the applicable
carbon dioxide emissions standard shall be settled through binding arbitration.
[1997 c.428 §7]
Note:
See note under 469.407.
469.410
Energy facility site certificate applications filed or under construction prior
to July 2, 1975; conditions of site certificate; monitoring programs.
(1) Any applicant for a site certificate for an energy facility shall be deemed
to have met all the requirements of ORS 176.820, 192.501 to 192.505, 192.690,
469.010 to 469.155, 469.300 to 469.563, 469.990, 757.710 and 757.720 relating
to eligibility for a site certificate and a site certificate shall be issued by
the Energy Facility Siting Council for:
(a) Any transmission lines for which
application has been filed with the federal government and the Public Utility
Commission of Oregon prior to July 2, 1975; and
(b) Any energy facility under construction
on July 2, 1975.
(2) Each applicant for a site certificate
under this section shall pay the fees required by ORS 469.421 (2) to (9), if
applicable, and shall execute a site certificate in which the applicant agrees:
(a) To abide by the conditions of all
licenses, permits and certificates required by the State of Oregon or any
subdivision in the state to operate the energy facility and issued prior to
July 2, 1975; and
(b) On and after July 2, 1975, to abide by
the rules of the Director of the State Department of Energy adopted pursuant to
ORS 469.040 (1)(d) and rules of the council adopted pursuant to ORS 469.300 to
469.563, 469.590 to 469.619 and 469.930.
(3) The council has continuing authority
over the site for which the site certificate is issued and may inspect, or
direct the State Department of Energy to inspect, or request another state
agency or local government to inspect, the site at any time in order to ensure
that the facility is being operated consistently with the terms and conditions
of the site certificate and any applicable health or safety standards.
(4) The council shall establish programs
for monitoring the environmental and ecological effects of the operation and
the decommissioning of energy facilities subject to site certificates issued
prior to July 2, 1975, to ensure continued compliance with the terms and
conditions of the site certificate and any applicable health or safety
standards.
(5) Site certificates executed by the
Governor under ORS 469.400 (1991 Edition) prior to July 2, 1975, shall bind
successor agencies created hereunder in accordance with the terms of such site
certificates. Any holder of a site certificate issued prior to July 2, 1975,
shall abide by the rules of the director adopted pursuant to ORS 469.040 (1)(d)
and rules of the council adopted pursuant to ORS 469.300 to 469.563, 469.590 to
469.619, 469.930 and 469.992. [1975 c.606 §24; 1983 c.740 §184; 1989 c.88 §5;
1993 c.569 §13; 1995 c.505 §15]
469.420
[Formerly 453.405; 1977 c.813 §1; 1979 c.234 §1; 1981 c.792 §3; repealed by
1981 c.792 §4 (469.421 enacted in lieu of 469.420)]
469.421
Fees; exemptions; assessment of certain utilities and suppliers; penalty.
(1) Subject to the provisions of ORS 469.441, any person submitting a notice of
intent, a request for exemption under ORS 469.320, a request for an expedited
review under ORS 469.370, a request for an expedited review under ORS 469.373,
a request for the State Department of Energy to approve a pipeline under ORS
469.405 (3), an application for a site certificate or a request to amend a site
certificate shall pay all expenses incurred by the Energy Facility Siting
Council, the State Department of Energy and the Oregon Department of
Administrative Services related to the review and decision of the council.
These expenses may include legal expenses, expenses incurred in processing and
evaluating the application, issuing a final order or site certificate,
commissioning an independent study by a contractor, state agency or local
government under ORS 469.360, and changes to the rules of the council that are
specifically required and related to the particular site certificate.
(2) Every person submitting a notice of
intent to file for a site certificate, a request for exemption or a request for
expedited review shall submit the fee required under the fee schedule
established under ORS 469.441 to the State Department of Energy when the notice
or request is submitted to the council. To the extent possible, the full cost
of the evaluation shall be paid from the fee paid under this subsection.
However, if costs of the evaluation exceed the fee, the person submitting the
notice or request shall pay any excess costs shown in an itemized statement
prepared by the council. In no event shall the council incur evaluation
expenses in excess of 110 percent of the fee initially paid unless the council
provides prior notification to the applicant and a detailed projected budget
the council believes necessary to complete the project. If costs are less than
the fee paid, the excess shall be refunded to the person submitting the notice
or request.
(3) Before submitting a site certificate
application, the applicant shall request from the State Department of Energy an
estimate of the costs expected to be incurred in processing the application.
The department shall inform the applicant of that amount and require the
applicant to make periodic payments of the costs pursuant to a cost
reimbursement agreement. The cost reimbursement agreement shall provide for
payment of 25 percent of the estimated costs when the applicant submits the
application. If costs of the evaluation exceed the estimate, the applicant
shall pay any excess costs shown in an itemized statement prepared by the
council. In no event shall the council incur evaluation expenses in excess of
110 percent of the fee initially estimated unless the council provided prior
notification to the applicant and a detailed projected budget the council
believes is necessary to complete the project. If costs are less than the fee
paid, the council shall refund the excess to the applicant.
(4) Any person who is delinquent in the
payment of fees under subsections (1) to (3) of this section shall be subject
to the provisions of subsection (11) of this section.
(5) Subject to the provisions of ORS
469.441, each holder of a certificate shall pay an annual fee, due every July 1
following issuance of a site certificate. For each fiscal year, upon approval
of the State Department of Energy’s budget authorization by an odd-numbered
year regular session of the Legislative Assembly or as revised by the Emergency
Board meeting in an interim period or by the Legislative Assembly meeting in
special session or in an even-numbered year regular session, the Director of
the State Department of Energy promptly shall enter an order establishing an
annual fee based on the amount of revenues that the director estimates is
needed to fund the cost of ensuring that the facility is being operated
consistently with the terms and conditions of the site certificate, any order
issued by the department under ORS 469.405 (3) and any applicable health or
safety standards. In determining this cost, the director shall include both the
actual direct cost to be incurred by the council, the State Department of
Energy and the Oregon Department of Administrative Services to ensure that the
facility is being operated consistently with the terms and conditions of the
site certificate, any order issued by the State Department of Energy under ORS
469.405 (3) and any applicable health or safety standards, and the general
costs to be incurred by the council, the State Department of Energy and the
Oregon Department of Administrative Services to ensure that all certificated
facilities are being operated consistently with the terms and conditions of the
site certificates, any orders issued by the State Department of Energy under
ORS 469.405 (3) and any applicable health or safety standards that cannot be
allocated to an individual, licensed facility. Not more than 35 percent of the
annual fee charged each facility shall be for the recovery of these general
costs. The fees for direct costs shall reflect the size and complexity of the
facility and its certificate conditions.
(6) Each holder of a site certificate
executed after July 1 of any fiscal year shall pay a fee for the remaining
portion of the year. The amount of the fee shall be set at the cost of
regulating the facility during the remaining portion of the year determined in
the same manner as the annual fee.
(7) When the actual costs of regulation
incurred by the council, the State Department of Energy and the Oregon
Department of Administrative Services for the year, including that portion of
the general regulation costs that have been allocated to a particular facility,
are less than the annual fees for that facility, the unexpended balance shall
be refunded to the site certificate holder. When the actual regulation costs
incurred by the council, the State Department of Energy and the Oregon
Department of Administrative Services for the year, including that portion of
the general regulation costs that have been allocated to a particular facility,
are projected to exceed the annual fee for that facility, the Director of the
State Department of Energy may issue an order revising the annual fee.
(8) In addition to any other fees required
by law, each energy resource supplier shall pay to the State Department of
Energy annually its share of an assessment to fund the activities of the Energy
Facility Siting Council, the Oregon Department of Administrative Services and
the State Department of Energy, determined by the Director of the State Department
of Energy in the following manner:
(a) Upon approval of the budget
authorization of the Energy Facility Siting Council, the Oregon Department of
Administrative Services and the State Department of Energy by an odd-numbered
year regular session of the Legislative Assembly, the Director of the State
Department of Energy shall promptly enter an order establishing the amount of
revenues required to be derived from an assessment pursuant to this subsection
in order to fund the activities of the Energy Facility Siting Council, the
Oregon Department of Administrative Services and the State Department of
Energy, including those enumerated in ORS 469.030 and others authorized by law,
for the first fiscal year of the forthcoming biennium. On or before June 1 of
each even-numbered year, the Director of the State Department of Energy shall
enter an order establishing the amount of revenues required to be derived from
an assessment pursuant to this subsection in order to fund the activities of
the Energy Facility Siting Council, the Oregon Department of Administrative
Services and the State Department of Energy, including those enumerated in ORS
469.030 and others authorized by law, for the second fiscal year of the
biennium. The order shall take into account any revisions to the biennial
budget of the Energy Facility Siting Council, the State Department of Energy
and the Oregon Department of Administrative Services made by the Emergency
Board meeting in an interim period or by the Legislative Assembly meeting in special
session or in an even-numbered year regular session. However, an assessment
under this section may not be used to derive revenue for funding State
Department of Energy activities related to the energy efficiency and
sustainable technology loan program described in ORS chapter 470.
(b) Each order issued by the director
pursuant to paragraph (a) of this subsection shall allocate the aggregate
assessment set forth therein to energy resource suppliers in accordance with
paragraph (c) of this subsection.
(c) The amount assessed to an energy
resource supplier shall be based on the ratio which that supplier’s annual
gross operating revenue derived within this state in the preceding calendar
year bears to the total gross operating revenue derived within this state
during that year by all energy resource suppliers. The assessment against an
energy resource supplier shall not exceed five-tenths of one percent of the
supplier’s gross operating revenue derived within this state in the preceding
calendar year. The director shall exempt from payment of an assessment any
individual energy resource supplier whose calculated share of the annual
assessment is less than $250.
(d) The director shall send each energy
resource supplier subject to assessment pursuant to this subsection a copy of
each order issued, by registered or certified mail. The amount assessed to the
energy resource supplier pursuant to the order shall be considered to the
extent otherwise permitted by law a government-imposed cost and recoverable by the
energy resource supplier as a cost included within the price of the service or
product supplied.
(e) The amounts assessed to individual
energy resource suppliers pursuant to paragraph (c) of this subsection shall be
paid to the State Department of Energy as follows:
(A) Amounts assessed for the first fiscal
year of a biennium shall be paid not later than 90 days following adjournment
sine die of the odd-numbered year regular session of the Legislative Assembly;
and
(B) Amounts assessed for the second fiscal
year of a biennium shall be paid not later than July 1 of each even-numbered
year or 90 days following adjournment sine die of the even-numbered year
regular session of the Legislative Assembly, whichever is later.
(f) An energy resource supplier shall
provide the director, on or before May 1 of each year, a verified statement
showing its gross operating revenues derived within the state for the preceding
calendar year. The statement shall be in the form prescribed by the director
and is subject to audit by the director. The statement shall include an entry
showing the total operating revenue derived by petroleum suppliers from fuels
sold that are subject to the requirements of section 3a, Article IX of the
Oregon Constitution, and ORS 319.020 with reference to aircraft fuel and motor
vehicle fuel, and ORS 319.530. The director may grant an extension of not more
than 15 days for the requirements of this subsection if:
(A) The energy supplier makes a showing of
hardship caused by the deadline;
(B) The energy supplier provides
reasonable assurance that the energy supplier can comply with the revised
deadline; and
(C) The extension of time does not prevent
the Energy Facility Siting Council, the Oregon Department of Administrative
Services or the State Department of Energy from fulfilling their statutory
responsibilities.
(g) As used in this section:
(A) “Energy resource supplier” means an
electric utility, natural gas utility or petroleum supplier supplying,
generating, transmitting or distributing electricity, natural gas or petroleum
products in Oregon.
(B) “Gross operating revenue” means gross
receipts from sales or service made or provided within this state during the
regular course of the energy supplier’s business, but does not include either revenue
derived from interutility sales within the state or revenue received by a
petroleum supplier from the sale of fuels that are subject to the requirements
of section 3a, Article IX of the Oregon Constitution, or ORS 319.020 or
319.530.
(C) “Petroleum supplier” has the meaning
given that term in ORS 469.020.
(h) In determining the amount of revenues
that must be derived from any class of energy resource suppliers by assessment
pursuant to this subsection, the director shall take into account all other
known or readily ascertainable sources of revenue to the Energy Facility Siting
Council, the Oregon Department of Administrative Services and the State
Department of Energy, including, but not limited to, fees imposed under this
section and federal funds, and may take into account any funds previously
assessed pursuant to ORS 469.420 (1979 Replacement Part) or section 7, chapter
792, Oregon Laws 1981.
(i) Orders issued by the director pursuant
to this section shall be subject to judicial review under ORS 183.484. The
taking of judicial review shall not operate to stay the obligation of an energy
resource supplier to pay amounts assessed to it on or before the statutory
deadline.
(9)(a) In addition to any other fees
required by law, each operator of a nuclear fueled thermal power plant or
nuclear installation within this state shall pay to the State Department of
Energy annually on July 1, an assessment in an amount determined by the
director to be necessary to fund the activities of the state and the counties
associated with emergency preparedness for a nuclear fueled thermal power plant
or nuclear installation. The assessment shall not exceed $461,250 per year.
Moneys collected as assessments under this subsection are continuously
appropriated to the State Department of Energy for this purpose.
(b) The State Department of Energy shall
maintain and shall cause other state agencies and counties to maintain time and
billing records for the expenditure of any fees collected from an operator of a
nuclear fueled thermal power plant under paragraph (a) of this subsection.
(10) Reactors operated by a college,
university or graduate center for research purposes and electric utilities not
connected to the Northwest Power Grid are exempt from the fee requirements of
subsections (5), (8) and (9) of this section.
(11)(a) All fees assessed by the director
against holders of site certificates for facilities that have an installed
capacity of 500 megawatts or greater may be paid in several installments, the
schedule for which shall be negotiated between the director and the site
certificate holder.
(b) Energy resource suppliers or
applicants or holders of a site certificate who fail to pay a fee provided
under subsections (1) to (9) of this section or the fees required under ORS
469.360 after it is due and payable shall pay, in addition to that fee, a
penalty of two percent of the fee a month for the period that the fee is past
due. Any payment made according to the terms of a schedule negotiated under
paragraph (a) of this subsection shall not be considered past due. The director
may bring an action to collect an unpaid fee or penalty in the name of the
State of Oregon in a court of competent jurisdiction. The court may award
reasonable attorney fees to the director if the director prevails in an action
under this subsection. The court may award reasonable attorney fees to a
defendant who prevails in an action under this subsection if the court
determines that the director had no objectively reasonable basis for asserting the
claim or no reasonable basis for appealing an adverse decision of the trial
court. [1981 c.792 §5 (enacted in lieu of 469.420); 1983 c.273 §5; 1987 c.450 §2;
1989 c.88 §4; 1993 c.569 §14; 1995 c.505 §14; 1995 c.542 §1; 1995 c.551 §11;
1995 c.618 §74a; 1995 c.696 §22; 1997 c.249 §166; 1999 c.385 §6; 2001 c.683 §13;
2003 c.186 §30; 2009 c.11 §67; 2009 c.753 §76; 2011 c.545 §26]
Note:
Sections 47a and 49, chapter 753, Oregon Laws 2009, provide:
Sec.
47a. Notwithstanding ORS 469.441, in
addition to any assessment imposed under ORS 469.421 (8), the State Department
of Energy may impose a special assessment on energy resource suppliers that are
subject to the assessment described in ORS 469.421 (8). The special assessment
authorized under this section may not exceed $300,000. The department shall
calculate the share of the special assessment to be paid by an energy resource
supplier based on the most recent gross operating revenue ratio determined for
that supplier under ORS 469.421 (8)(c) as of the special assessment date. The
department may not impose the special assessment authorized under this section
more than once and may not impose the special assessment after July 1, 2010.
Moneys received by the department from the special assessment must be deposited
to the Energy Project Supplemental Fund and used to pay costs incurred by the
department or the Director of the State Department of Energy in implementing or
administering loan programs for small scale local energy projects. [2009 c.753 §47a]
Sec.
49. Sections 42, 43, 44, 45, 46 and 47a,
chapter 753, Oregon Laws 2009, are repealed January 2, 2016. [2009 c.753 §49;
2010 c.92 §15]
469.430
Site inspections. The Energy Facility Siting
Council has continuing authority over the site for which the site certificate
is issued and may inspect, or direct the State Department of Energy to inspect,
or request another state agency or local government to inspect, the site at any
time in order to assure that the facility is being operated consistently with
the terms and conditions of the site certificate or any order issued by the
department under ORS 469.405 (3). The council shall avoid duplication of effort
with site inspections by other state and federal agencies and local governments
that have issued permits or licenses for the facility. [Formerly 453.415; 1993
c.569 §15; 1995 c.505 §16; 1999 c.385 §7]
469.440
Grounds for revocation or suspension of certificates.
Pursuant to the procedures for contested cases in ORS chapter 183, a site
certificate or an amended site certificate may be revoked or suspended:
(1) For failure to comply with the terms
or conditions of the site certificate or amended site certificate;
(2) For violation of the provisions of ORS
469.525 to 469.563, 469.590 to 469.619, 469.930 and 469.992 or rules adopted
pursuant to ORS 469.525 to 469.563, 469.590 to 469.619, 469.930 and 469.992; or
(3) If the site certificate was executed
prior to July 2, 1975, for violation of the provisions of ORS 469.300 to
469.520 or rules adopted pursuant to ORS 469.300 to 469.520 or for failure to
comply with applicable health or safety standards. [Formerly 453.425; 1993
c.569 §16; 1995 c.505 §17; 1999 c.385 §8]
469.441
Justification of fees charged; judicial review.
(1) All expenses incurred by the Energy Facility Siting Council and the State
Department of Energy under ORS 469.360 (1) and 469.421 that are charged to or
allocated to the fee paid by an applicant or the holder of a site certificate
shall be necessary, just and reasonable. Upon request, the department or the
council shall provide a detailed justification for all charges to the applicant
or site certificate holder. Not later than January 1 of each odd-numbered year,
the council by order shall establish a schedule of fees which those persons
submitting a notice of intent, a request for an exemption, a request for a
pipeline described in ORS 469.405 (3) or a request for an expedited review must
submit under ORS 469.421 at the time of submitting the notice of intent,
request for exemption, request for pipeline or request for expedited review.
The fee schedule shall be designed to recover the council’s actual costs of
evaluating the notice of intent, request for exemption, request for pipeline or
request for expedited review subject to any applicable expenditure limitation
in the council’s budget. Fees shall be based upon actual, historical costs
incurred by the council and department to the extent historical costs are
available. The fees established by the schedule shall reflect the size and
complexity of the project for which a notice of intent, request for exemption,
request for pipeline or request for expedited review is submitted, whether the
notice of intent, request for exemption, request for pipeline or request for
expedited review is for a new or existing facility and other appropriate
variables having an effect on the expense of evaluation.
(2) If a dispute arises regarding the
necessity or reasonableness of expenses charged to or allocated to the fee paid
by an applicant or site certificate holder, the applicant or holder may seek
judicial review for the amount of expenses charged or allocated in circuit
court as provided in ORS 183.480, 183.484, 183.490 and 183.500. If the
applicant or holder establishes that any of the charges or allocations are unnecessary
or unreasonable, the council or the department shall refund the amount found to
be unnecessary or unreasonable. The applicant or holder shall not waive the
right to judicial review by paying the portion of the fee or expense in
dispute. [1989 c.88 §8; 1993 c.569 §17; 1999 c.385 §9]
(High
Voltage Transmission Lines)
469.442
Procedure prior to construction of transmission line in excess of 230,000
volts; review committee. (1) Any person who proposes to
construct a transmission line in excess of 230,000 volts capacity that is not
otherwise under the jurisdiction of the Energy Facility Siting Council shall:
(a) Give public notice of the proposed
action at least six months before beginning any process to obtain local permits
required for the proposed transmission line. Notification shall be given:
(A) By publication once a week for four
consecutive weeks in a newspaper of general circulation in the county or
counties in which the transmission line is to be constructed; and
(B) To the governing bodies and planning
directors of cities and counties which are within or partially within the
project study area.
(b) Provide an opportunity for public
comment on the proposed transmission line and conduct public meetings to review
the proposal.
(c) Respond specifically and in writing to
local concerns and recommendations regarding the proposed transmission line.
(2) The Director of the State Department
of Energy shall establish a committee to include technical experts and members
of the public to coordinate public review of a proposed transmission line under
subsection (1) of this section when requested to do so by ordinance or
resolution of the affected governing body.
(3) At the conclusion of the public
review, the committee shall make a summary report to the affected governing
body including public concerns and recommendations concerning the proposed
transmission line.
(4) The scope of work and cost of
conducting the review shall be negotiated between the State Department of
Energy and the project sponsor. The negotiated cost shall be paid by the
project sponsor.
(5) Subsections (1) to (4) of this section
shall not apply to a person who proposes to construct transmission lines
entirely within 500 feet of an existing corridor occupied by transmission lines
with a capacity in excess of 230,000 volts. [1987 c.200 §2; 1993 c.569 §18]
469.445
[1987 c.200 §3; repealed by 1993 c.569 §31]
(Administration)
469.450
Energy Facility Siting Council; appointment; confirmation; term; restrictions.
(1) There is established an Energy Facility Siting Council to be located within
the Oregon Department of Administrative Services and consisting of seven public
members, who shall be appointed by the Governor, subject to confirmation by the
Senate in the manner prescribed in ORS 171.562 and 171.565.
(2) The term of office of each member is
four years, but a member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a successor
whose term begins on July 1 next following. A member is eligible for
reappointment but no member shall serve more than two full terms. If there is a
vacancy for any cause, the Governor shall make an appointment to become
immediately effective for the unexpired term.
(3) No member of the council shall be an
employee, director or retired employee or director of or a consultant to or
have any pecuniary interest, other than an incidental interest which is
disclosed and made a matter of public record at the time of the appointment to
the council, in any corporation or utility operating or interested in
establishing an energy facility in this state or in any manufacturer of related
equipment.
(4) No member shall for two years after
the expiration of the term of the member accept employment with any owner or
operator of any energy facility that is subject to ORS 469.300 to 469.563,
469.590 to 469.619, 469.930 and 469.992.
(5) Employment of a person in violation of
this section shall be grounds for revocation of any license issued by this
state or any agency thereof and held by the owner or operator of the energy
facility that employs such person. [Formerly 453.435; 1995 c.551 §12]
469.460
Officers; meetings; compensation and expenses.
(1) The Energy Facility Siting Council shall annually elect from among its
members a chairperson and vice chairperson with such powers and duties as the
council imposes in accordance with ORS 469.300 to 469.563, 469.590 to 469.619,
469.930 and 469.992. The council may meet as often as it requires at a time and
place determined by the council. Five members constitute a quorum. The Governor
or the chairperson of the council may call a special meeting, to be held at any
place in this state designated by the person calling the meeting, upon 24 hours’
notice to each member and to the public.
(2) Council members shall be entitled to
compensation and expenses as provided in ORS 292.495. [Formerly 453.445]
469.470
Powers and duties; rules. The Energy Facility Siting
Council shall:
(1) Conduct and prepare, independently or
in cooperation with others, studies, investigations, research and programs
relating to all aspects of site selection.
(2) In accordance with the applicable
provisions of ORS chapter 183, and subject to the provisions of ORS 469.501
(3), adopt standards and rules to perform the functions vested by law in the
council including the adoption of standards and rules for the siting of energy
facilities pursuant to ORS 469.501, and implementation of the energy policy of
the State of Oregon set forth in ORS 469.010 and 469.310.
(3) Encourage voluntary cooperation by the
people, municipalities, counties, industries, agriculture, and other pursuits,
in performing the functions vested by law in the council.
(4) Advise, consult, and cooperate with
other agencies of the state, political subdivisions, industries, other states,
the federal government and affected groups, in furtherance of the purposes of
ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992.
(5) Consult with the Water Resources
Commission on the need for power and other areas within the expertise of the
council when the Water Resources Commission is determining whether to allocate
water for hydroelectric development.
(6) Perform such other and further acts as
may be necessary, proper or desirable to carry out effectively the duties,
powers and responsibilities of the council described in ORS 469.300 to 469.563,
469.590 to 469.619, 469.930 and 469.992. [Formerly 453.455; 1991 c.480 §7; 1993
c.544 §5; 1993 c.569 §19; 1995 c.505 §18]
469.480
Local government advisory group; special advisory groups; compensation and
expenses; Electric and Magnetic Field Committee; rules.
(1) The Energy Facility Siting Council shall designate as a special advisory
group the governing body of any local government within whose jurisdiction the
facility is proposed to be located.
(2) In addition to advisory groups
required by subsection (1) of this section the council may establish such
special advisory groups as are considered necessary. Such advisory groups shall
include membership as determined by the council to represent interests and
disciplines as needed to carry out the responsibility assigned to such advisory
groups, which shall report findings, recommendations and decisions to the
council.
(3) Subject to applicable laws regulating
travel and other expenses of state officers and employees, members of any
advisory committee appointed under subsection (1) of this section shall receive
no compensation but may receive their actual and necessary travel and other
expenses incurred in the performance of their official duties.
(4) The council by rule shall form an
Electric and Magnetic Field Committee which shall meet at the call of the
council chair. The committee shall include representatives of the public,
utilities, manufacturers and state agencies. The committee shall monitor
information being developed on electric and magnetic fields and report the
committee’s findings to the council. The council shall report the findings of
the Electric and Magnetic Field Committee to the Legislative Assembly. [Formerly
453.475; 1991 c.491 §1; 1993 c.569 §20; 1995 c.551 §17]
(Rules;
Standards; Compliance)
469.490
Adoption of rules; determination of validity. All
rules adopted by the Energy Facility Siting Council pursuant to ORS 469.300 to
469.563, 469.590 to 469.619, 469.930 and 469.992 shall be adopted in the manner
required by ORS chapter 183. The validity of any rule adopted by the council
may be determined only upon a petition by any person to the Supreme Court. The
petition must be filed within 60 days after the date the rule becomes effective
under ORS 183.355. The review by the Supreme Court of the validity of any rule
adopted by the council shall otherwise be according to ORS 183.400. The Supreme
Court shall give priority on its docket to such a petition for review. [Formerly
453.495; 1995 c.505 §19]
469.500
[Formerly 453.505; repealed by 1993 c.569 §21 (469.501, 469.503, 469.505 and
469.507 enacted in lieu of 469.500 and 469.510)]
469.501
Energy facility siting, construction, operation and retirement standards;
exemptions. (1) The Energy Facility Siting Council
shall adopt standards for the siting, construction, operation and retirement of
facilities. The standards may address but need not be limited to the following
subjects:
(a) The organizational, managerial and
technical expertise of the applicant to construct and operate the proposed
facility.
(b) Seismic hazards.
(c) Areas designated for protection by the
state or federal government, including but not limited to monuments, wilderness
areas, wildlife refuges, scenic waterways and similar areas.
(d) The financial ability and
qualifications of the applicant.
(e) Effects of the facility, taking into
account mitigation, on fish and wildlife, including threatened and endangered
fish, wildlife or plant species.
(f) Impacts of the facility on historic,
cultural or archaeological resources listed on, or determined by the State
Historic Preservation Officer to be eligible for listing on, the National
Register of Historic Places or the Oregon State Register of Historic
Properties.
(g) Protection of public health and
safety, including necessary safety devices and procedures.
(h) The accumulation, storage, disposal
and transportation of nuclear waste.
(i) Impacts of the facility on recreation,
scenic and aesthetic values.
(j) Reduction of solid waste and
wastewater generation to the extent reasonably practicable.
(k) Ability of the communities in the
affected area to provide sewers and sewage treatment, water, storm water drainage,
solid waste management, housing, traffic safety, police and fire protection,
health care and schools.
(L) The need for proposed nongenerating
facilities as defined in ORS 469.503, consistent with the state energy policy
set forth in ORS 469.010 and 469.310. The council may consider least-cost plans
when adopting a need standard or in determining whether an applicable need
standard has been met. The council shall not adopt a standard requiring a
showing of need or cost-effectiveness for generating facilities as defined in
ORS 469.503.
(m) Compliance with the statewide planning
goals adopted by the Land Conservation and Development Commission as specified
by ORS 469.503.
(n) Soil protection.
(o) For energy facilities that emit carbon
dioxide, the impacts of those emissions on climate change. For fossil-fueled
power plants, as defined in ORS 469.503, the council shall apply a standard as
provided for by ORS 469.503 (2).
(2) The council may adopt exemptions from
any need standard adopted under subsection (1)(L) of this section if the
exemption is consistent with the state’s energy policy set forth in ORS 469.010
and 469.310.
(3) The council may issue a site
certificate for a facility that does not meet one or more of the standards
adopted under subsection (1) of this section if the council determines that the
overall public benefits of the facility outweigh the damage to the resources
protected by the standards the facility does not meet.
(4) Notwithstanding subsection (1) of this
section, the council may not impose any standard developed under subsection
(1)(b), (f), (j) or (k) of this section to approve or deny an application for
an energy facility producing power from wind, solar or geothermal energy.
However, the council may, to the extent it determines appropriate, apply any
standards adopted under subsection (1)(b), (f), (j) or (k) of this section to
impose conditions on any site certificate issued for any energy facility. [1993
c.569 §22 (469.501, 469.503, 469.505 and 469.507 enacted in lieu of 469.500 and
469.510); 1995 c.505 §20; 1997 c.428 §3; 2001 c.134 §7]
469.503
Requirements for approval of energy facility site certificate; carbon dioxide
emissions standard; offset funds; use of offset funds by qualifying
organization; rules. In order to issue a site
certificate, the Energy Facility Siting Council shall determine that the
preponderance of the evidence on the record supports the following conclusions:
(1) The facility complies with the
standards adopted by the council pursuant to ORS 469.501 or the overall public
benefits of the facility outweigh the damage to the resources protected by the
standards the facility does not meet.
(2) If the energy facility is a
fossil-fueled power plant, the energy facility complies with any applicable carbon
dioxide emissions standard adopted by the council or enacted by statute. Base
load gas plants shall comply with the standard set forth in subsection (2)(a)
of this section. Other fossil-fueled power plants shall comply with any
applicable standard adopted by the council by rule pursuant to subsection
(2)(b) of this section. Subsections (2)(c) and (d) of this section prescribe
the means by which an applicant may comply with the applicable standard.
(a) The net carbon dioxide emissions rate
of the proposed base load gas plant shall not exceed 0.70 pounds of carbon
dioxide emissions per kilowatt hour of net electric power output, with carbon
dioxide emissions and net electric power output measured on a new and clean
basis. Notwithstanding the foregoing, the council may by rule modify the carbon
dioxide emissions standard for base load gas plants if the council finds that
the most efficient stand-alone combined cycle, combustion turbine, natural
gas-fired energy facility that is commercially demonstrated and operating in
the United States has a net heat rate of less than 7,200 Btu per kilowatt hour
higher heating value adjusted to ISO conditions. In modifying the carbon
dioxide emission standard, the council shall determine the rate of carbon
dioxide emissions per kilowatt hour of net electric output of such energy
facility, adjusted to ISO conditions, and reset the carbon dioxide emissions
standard at 17 percent below this rate.
(b) The council shall adopt carbon dioxide
emissions standards for other types of fossil-fueled power plants. Such carbon
dioxide emissions standards shall be promulgated by rule. In adopting or
amending such carbon dioxide emissions standards, the council shall consider
and balance at least the following principles, the findings on which shall be
contained in the rulemaking record:
(A) Promote facility fuel efficiency;
(B) Promote efficiency in the resource
mix;
(C) Reduce net carbon dioxide emissions;
(D) Promote cogeneration that reduces net
carbon dioxide emissions;
(E) Promote innovative technologies and
creative approaches to mitigating, reducing or avoiding carbon dioxide
emissions;
(F) Minimize transaction costs;
(G) Include an alternative process that
separates decisions on the form and implementation of offsets from the final
decision on granting a site certificate;
(H) Allow either the applicant or third
parties to implement offsets;
(I) Be attainable and economically
achievable for various types of power plants;
(J) Promote public participation in the
selection and review of offsets;
(K) Promote prompt implementation of
offset projects;
(L) Provide for monitoring and evaluation
of the performance of offsets; and
(M) Promote reliability of the regional
electric system.
(c) The council shall determine whether
the applicable carbon dioxide emissions standard is met by first determining
the gross carbon dioxide emissions that are reasonably likely to result from
the operation of the proposed energy facility. Such determination shall be
based on the proposed design of the energy facility. The council shall adopt
site certificate conditions to ensure that the predicted carbon dioxide
emissions are not exceeded on a new and clean basis. For any remaining
emissions reduction necessary to meet the applicable standard, the applicant
may elect to use any of subparagraphs (A) to (D) of this paragraph, or any
combination thereof. The council shall determine the amount of carbon dioxide
or other greenhouse gas emissions reduction that is reasonably likely to result
from the applicant’s offsets and whether the resulting net carbon dioxide
emissions meet the applicable carbon dioxide emissions standard. For purposes
of determining the net carbon dioxide emissions, the council shall by rule
establish the global warming potential of each greenhouse gas based on a
generally accepted scientific method, and convert any greenhouse gas emissions
to a carbon dioxide equivalent. Unless otherwise provided by the council by
rule, the global warming potential of methane is 23 times that of carbon
dioxide, and the global warming potential of nitrous oxide is 296 times that of
carbon dioxide. If the council or a court on judicial review concludes that the
applicant has not demonstrated compliance with the applicable carbon dioxide
emissions standard under subparagraphs (A), (B) or (D) of this paragraph, or
any combination thereof, and the applicant has agreed to meet the requirements
of subparagraph (C) of this paragraph for any deficiency, the council or a
court shall find compliance based on such agreement.
(A) The facility will sequentially produce
electrical and thermal energy from the same fuel source, and the thermal energy
will be used to displace another source of carbon dioxide emissions that would
have otherwise continued to occur, in which case the council shall adopt site
certificate conditions ensuring that the carbon dioxide emissions reduction
will be achieved.
(B) The applicant or a third party will
implement particular offsets, in which case the council may adopt site
certificate conditions ensuring that the proposed offsets are implemented but
shall not require that predicted levels of avoidance, displacement or
sequestration of greenhouse gas emissions be achieved. The council shall
determine the quantity of greenhouse gas emissions reduction that is reasonably
likely to result from each of the proposed offsets based on the criteria in
sub-subparagraphs (i) to (iii) of this subparagraph. In making this
determination, the council shall not allow credit for offsets that have already
been allocated or awarded credit for greenhouse gas emissions reduction in
another regulatory setting. In addition, the fact that an applicant or other
parties involved with an offset may derive benefits from the offset other than
the reduction of greenhouse gas emissions is not, by itself, a basis for
withholding credit for an offset.
(i) The degree of certainty that the
predicted quantity of greenhouse gas emissions reduction will be achieved by
the offset;
(ii) The ability of the council to
determine the actual quantity of greenhouse gas emissions reduction resulting
from the offset, taking into consideration any proposed measurement, monitoring
and evaluation of mitigation measure performance; and
(iii) The extent to which the reduction of
greenhouse gas emissions would occur in the absence of the offsets.
(C) The applicant or a third party agrees
to provide funds in an amount deemed sufficient to produce the reduction in
greenhouse gas emissions necessary to meet the applicable carbon dioxide
emissions standard, in which case the funds shall be used as specified in
paragraph (d) of this subsection. Unless modified by the council as provided
below, the payment of 57 cents shall be deemed to result in a reduction of one
ton of carbon dioxide emissions. The council shall determine the offset funds
using the monetary offset rate and the level of emissions reduction required to
meet the applicable standard. If a site certificate is approved based on this
subparagraph, the council may not adjust the amount of such offset funds based
on the actual performance of offsets. After three years from June 26, 1997, the
council may by rule increase or decrease the monetary offset rate of 57 cents
per ton of carbon dioxide emissions. Any change to the monetary offset rate
shall be based on empirical evidence of the cost of offsets and the council’s
finding that the standard will be economically achievable with the modified
rate for natural gas-fired power plants. Following the initial three-year
period, the council may increase or decrease the monetary offset rate no more
than 50 percent in any two-year period.
(D) Any other means that the council
adopts by rule for demonstrating compliance with any applicable carbon dioxide
emissions standard.
(d) If the applicant elects to meet the
applicable carbon dioxide emissions standard in whole or in part under
paragraph (c)(C) of this subsection, the applicant shall identify the qualified
organization. The applicant may identify an organization that has applied for,
but has not received, an exemption from federal income taxation, but the
council may not find that the organization is a qualified organization unless
the organization is exempt from federal taxation under section 501(c)(3) of the
Internal Revenue Code as amended and in effect on December 31, 1996. The site
certificate holder shall provide a bond or comparable security in a form
reasonably acceptable to the council to ensure the payment of the offset funds
and the amount required under subparagraph (A)(ii) of this paragraph. Such
security shall be provided by the date specified in the site certificate, which
shall be no later than the commencement of construction of the facility. The
site certificate shall require that the offset funds be disbursed as specified
in subparagraph (A) of this paragraph, unless the council finds that no
qualified organization exists, in which case the site certificate shall require
that the offset funds be disbursed as specified in subparagraph (B) of this
paragraph.
(A) The site certificate holder shall
disburse the offset funds and any other funds required by sub-subparagraph (ii)
of this subparagraph to the qualified organization as follows:
(i) When the site certificate holder
receives written notice from the qualified organization certifying that the
qualified organization is contractually obligated to pay any funds to implement
offsets using the offset funds, the site certificate holder shall make the
requested amount available to the qualified organization unless the total of
the amount requested and any amounts previously requested exceeds the offset
funds, in which case only the remaining amount of the offset funds shall be
made available. The qualified organization shall use at least 80 percent of the
offset funds for contracts to implement offsets. The qualified organization
shall assess offsets for their potential to qualify in, generate credits in or
reduce obligations in other regulatory settings. The qualified organization may
use up to 20 percent of the offset funds for monitoring, evaluation,
administration and enforcement of contracts to implement offsets.
(ii) At the request of the qualified
organization and in addition to the offset funds, the site certificate holder
shall pay the qualified organization an amount equal to 10 percent of the first
$500,000 of the offset funds and 4.286 percent of any offset funds in excess of
$500,000. This amount shall not be less than $50,000 unless a lesser amount is
specified in the site certificate. This amount compensates the qualified organization
for its costs of selecting offsets and contracting for the implementation of
offsets.
(iii) Notwithstanding any provision to the
contrary, a site certificate holder subject to this subparagraph shall have no
obligation with regard to offsets, the offset funds or the funds required by
sub-subparagraph (ii) of this subparagraph other than to make available to the
qualified organization the total amount required under paragraph (c) of this
subsection and sub-subparagraph (ii) of this subparagraph, nor shall any
nonperformance, negligence or misconduct on the part of the qualified
organization be a basis for revocation of the site certificate or any other
enforcement action by the council with respect to the site certificate holder.
(B) If the council finds there is no
qualified organization, the site certificate holder shall select one or more
offsets to be implemented pursuant to criteria established by the council. The
site certificate holder shall give written notice of its selections to the council
and to any person requesting notice. On petition by the State Department of
Energy, or by any person adversely affected or aggrieved by the site
certificate holder’s selection of offsets, or on the council’s own motion, the
council may review such selection. The petition must be received by the council
within 30 days of the date the notice of selection is placed in the United
States mail, with first-class postage prepaid. The council shall approve the
site certificate holder’s selection unless it finds that the selection is not
consistent with criteria established by the council. The site certificate
holder shall contract to implement the selected offsets within 18 months after
commencing construction of the facility unless good cause is shown requiring
additional time. The contracts shall obligate the expenditure of at least 85
percent of the offset funds for the implementation of offsets. No more than 15
percent of the offset funds may be spent on monitoring, evaluation and
enforcement of the contract to implement the selected offsets. The council’s
criteria for selection of offsets shall be based on the criteria set forth in
paragraphs (b)(C) and (c)(B) of this subsection and may also consider the costs
of particular types of offsets in relation to the expected benefits of such
offsets. The council’s criteria shall not require the site certificate holder
to select particular offsets, and shall allow the site certificate holder a
reasonable range of choices in selecting offsets. In addition, notwithstanding
any other provision of this section, the site certificate holder’s financial
liability for implementation, monitoring, evaluation and enforcement of offsets
pursuant to this subsection shall be limited to the amount of any offset funds
not already contractually obligated. Nonperformance, negligence or misconduct
by the entity or entities implementing, monitoring or evaluating the selected
offset shall not be a basis for revocation of the site certificate or any other
enforcement action by the council with respect to the site certificate holder.
(C) Every qualified organization that has
received funds under this paragraph shall, at five-year intervals beginning on
the date of receipt of such funds, provide the council with the information the
council requests about the qualified organization’s performance. The council
shall evaluate the information requested and, based on such information, shall
make any recommendations to the Legislative Assembly that the council deems
appropriate.
(e) As used in this subsection:
(A) “Adjusted to ISO conditions” means
carbon dioxide emissions and net electric power output as determined at 59
degrees Fahrenheit, 14.7 pounds per square inch atmospheric pressure and 60
percent humidity.
(B) “Base load gas plant” means a generating
facility that is fueled by natural gas, except for periods during which an
alternative fuel may be used and when such alternative fuel use shall not
exceed 10 percent of expected fuel use in Btu, higher heating value, on an
average annual basis, and where the applicant requests and the council adopts
no condition in the site certificate for the generating facility that would
limit hours of operation other than restrictions on the use of alternative
fuel. The council shall assume a 100 percent capacity factor for such plants
and a 30-year life for the plants for purposes of determining gross carbon
dioxide emissions.
(C) “Carbon dioxide equivalent” means the
global warming potential of a greenhouse gas reflected in units of carbon
dioxide.
(D) “Fossil-fueled power plant” means a
generating facility that produces electric power from natural gas, petroleum,
coal or any form of solid, liquid or gaseous fuel derived from such material.
(E) “Generating facility” means those
energy facilities that are defined in ORS 469.300 (11)(a)(A), (B) and (D).
(F) “Global warming potential” means the
determination of the atmospheric warming resulting from the release of a unit
mass of a particular greenhouse gas in relation to the warming resulting from
the release of the equivalent mass of carbon dioxide.
(G) “Greenhouse gas” means carbon dioxide,
methane and nitrous oxide.
(H) “Gross carbon dioxide emissions” means
the predicted carbon dioxide emissions of the proposed energy facility measured
on a new and clean basis.
(I) “Net carbon dioxide emissions” means
gross carbon dioxide emissions of the proposed energy facility, less carbon
dioxide or other greenhouse gas emissions avoided, displaced or sequestered by
any combination of cogeneration or offsets.
(J) “New and clean basis” means the
average carbon dioxide emissions rate per hour and net electric power output of
the energy facility, without degradation, as determined by a 100-hour test at
full power completed during the first 12 months of commercial operation of the
energy facility, with the results adjusted for the average annual site
condition for temperature, barometric pressure and relative humidity and use of
alternative fuels, and using a rate of 117 pounds of carbon dioxide per million
Btu of natural gas fuel and a rate of 161 pounds of carbon dioxide per million
Btu of distillate fuel, if such fuel use is proposed by the applicant. The
council may by rule adjust the rate of pounds of carbon dioxide per million Btu
for natural gas or distillate fuel. The council may by rule set carbon dioxide
emissions rates for other fuels.
(K) “Nongenerating facility” means those
energy facilities that are defined in ORS 469.300 (11)(a)(C) and (E) to (I).
(L) “Offset” means an action that will be
implemented by the applicant, a third party or through the qualified
organization to avoid, sequester or displace emissions.
(M) “Offset funds” means the amount of
funds determined by the council to satisfy the applicable carbon dioxide
emissions standard pursuant to paragraph (c)(C) of this subsection.
(N) “Qualified organization” means an
entity that:
(i) Is exempt from federal taxation under
section 501(c)(3) of the Internal Revenue Code as amended and in effect on
December 31, 1996;
(ii) Either is incorporated in the State
of Oregon or is a foreign corporation authorized to do business in the State of
Oregon;
(iii) Has in effect articles of
incorporation that require that offset funds received pursuant to this section
are used for offsets that require that decisions on the use of the offset funds
are made by a decision-making body composed of seven voting members of which
three are appointed by the council, three are Oregon residents appointed by the
Bullitt Foundation or an alternative environmental nonprofit organization named
by the body, and one is appointed by the applicants for site certificates that
are subject to paragraph (d) of this subsection and the holders of such site
certificates, and that require nonvoting membership on the body for holders of
site certificates that have provided funds not yet disbursed under paragraph
(d)(A) of this subsection;
(iv) Has made available on an annual
basis, beginning after the first year of operation, a signed opinion of an
independent certified public accountant stating that the qualified organization’s
use of funds pursuant to this statute conforms with generally accepted
accounting procedures except that the qualified organization shall have one
year to conform with generally accepted accounting principles in the event of a
nonconforming audit;
(v) Has to the extent applicable, except
for good cause, entered into contracts obligating at least 60 percent of the
offset funds to implement offsets within two years after the commencement of
construction of the facility; and
(vi) Has to the extent applicable, except
for good cause, complied with paragraph (d)(A)(i) of this subsection.
(3) Except as provided in ORS 469.504 for
land use compliance and except for those statutes and rules for which the
decision on compliance has been delegated by the federal government to a state
agency other than the council, the facility complies with all other Oregon
statutes and administrative rules identified in the project order, as amended,
as applicable to the issuance of a site certificate for the proposed facility.
If compliance with applicable Oregon statutes and administrative rules, other
than those involving federally delegated programs, would result in conflicting
conditions in the site certificate, the council may resolve the conflict
consistent with the public interest. A resolution may not result in the waiver
of any applicable state statute.
(4) The facility complies with the
statewide planning goals adopted by the Land Conservation and Development
Commission. [1993 c.569 §23 (469.501, 469.503, 469.505 and 469.507 enacted in
lieu of 469.500 and 469.510); 1995 c.505 §21; 1997 c.428 §4; 1999 c.365 §11;
2001 c.134 §10; 2003 c.186 §78; 2011 c.298 §2]
Note:
See first note under 469.373.
469.504
Facility compliance with statewide planning goals; exception; amendment of
local plan and land use regulations; conflicts; technical assistance; rules.
(1) A proposed facility shall be found in compliance with the statewide
planning goals under ORS 469.503 (4) if:
(a) The facility has received local land
use approval under the acknowledged comprehensive plan and land use regulations
of the affected local government; or
(b) The Energy Facility Siting Council
determines that:
(A) The facility complies with applicable
substantive criteria from the affected local government’s acknowledged
comprehensive plan and land use regulations that are required by the statewide
planning goals and in effect on the date the application is submitted, and with
any Land Conservation and Development Commission administrative rules and goals
and any land use statutes that apply directly to the facility under ORS
197.646;
(B) For an energy facility or a related or
supporting facility that must be evaluated against the applicable substantive
criteria pursuant to subsection (5) of this section, that the proposed facility
does not comply with one or more of the applicable substantive criteria but
does otherwise comply with the applicable statewide planning goals, or that an
exception to any applicable statewide planning goal is justified under
subsection (2) of this section; or
(C) For a facility that the council elects
to evaluate against the statewide planning goals pursuant to subsection (5) of
this section, that the proposed facility complies with the applicable statewide
planning goals or that an exception to any applicable statewide planning goal
is justified under subsection (2) of this section.
(2) The council may find goal compliance
for a facility that does not otherwise comply with one or more statewide planning
goals by taking an exception to the applicable goal. Notwithstanding the
requirements of ORS 197.732, the statewide planning goal pertaining to the
exception process or any rules of the Land Conservation and Development
Commission pertaining to an exception process goal, the council may take an
exception to a goal if the council finds:
(a) The land subject to the exception is
physically developed to the extent that the land is no longer available for
uses allowed by the applicable goal;
(b) The land subject to the exception is
irrevocably committed as described by the rules of the Land Conservation and
Development Commission to uses not allowed by the applicable goal because
existing adjacent uses and other relevant factors make uses allowed by the applicable
goal impracticable; or
(c) The following standards are met:
(A) Reasons justify why the state policy
embodied in the applicable goal should not apply;
(B) The significant environmental,
economic, social and energy consequences anticipated as a result of the
proposed facility have been identified and adverse impacts will be mitigated in
accordance with rules of the council applicable to the siting of the proposed
facility; and
(C) The proposed facility is compatible
with other adjacent uses or will be made compatible through measures designed
to reduce adverse impacts.
(3) If compliance with applicable
substantive local criteria and applicable statutes and state administrative
rules would result in conflicting conditions in the site certificate or amended
site certificate, the council shall resolve the conflict consistent with the
public interest. A resolution may not result in a waiver of any applicable
state statute.
(4) An applicant for a site certificate
shall elect whether to demonstrate compliance with the statewide planning goals
under subsection (1)(a) or (b) of this section. The applicant shall make the
election on or before the date specified by the council by rule.
(5) Upon request by the State Department
of Energy, the special advisory group established under ORS 469.480 shall
recommend to the council, within the time stated in the request, the applicable
substantive criteria under subsection (1)(b)(A) of this section. If the special
advisory group does not recommend applicable substantive criteria within the
time established in the department’s request, the council may either determine
and apply the applicable substantive criteria under subsection (1)(b) of this
section or determine compliance with the statewide planning goals under
subsection (1)(b)(B) or (C) of this section. If the special advisory group
recommends applicable substantive criteria for an energy facility described in
ORS 469.300 or a related or supporting facility that does not pass through more
than one local government jurisdiction or more than three zones in any one
jurisdiction, the council shall apply the criteria recommended by the special
advisory group. If the special advisory group recommends applicable substantive
criteria for an energy facility as defined in ORS 469.300 (11)(a)(C) to (E) or
a related or supporting facility that passes through more than one jurisdiction
or more than three zones in any one jurisdiction, the council shall review the
recommended criteria and determine whether to evaluate the proposed facility
against the applicable substantive criteria recommended by the special advisory
group, against the statewide planning goals or against a combination of the
applicable substantive criteria and statewide planning goals. In making its
determination, the council shall consult with the special advisory group and
shall consider:
(a) The number of jurisdictions and zones
in question;
(b) The degree to which the applicable
substantive criteria reflect local government consideration of energy facilities
in the planning process; and
(c) The level of consistency of the
applicable substantive criteria from the various zones and jurisdictions.
(6) The council is not subject to ORS
197.180 and a state agency may not require an applicant for a site certificate
to comply with any rules or programs adopted under ORS 197.180.
(7) On or before its next periodic review,
each affected local government shall amend its comprehensive plan and land use
regulations as necessary to reflect the decision of the council pertaining to a
site certificate or amended site certificate.
(8) Notwithstanding ORS 34.020 or 197.825
or any other provision of law, the affected local government’s land use
approval of a proposed facility under subsection (1)(a) of this section and the
special advisory group’s recommendation of applicable substantive criteria
under subsection (5) of this section shall be subject to judicial review only
as provided in ORS 469.403. If the applicant elects to comply with subsection
(1)(a) of this section, the provisions of this subsection shall apply only to
proposed projects for which the land use approval of the local government
occurs after the date a notice of intent or an application for expedited
processing is submitted to the State Department of Energy.
(9) The State Department of Energy, in
cooperation with other state agencies, shall provide, to the extent possible,
technical assistance and information about the siting process to local
governments that request such assistance or that anticipate having a facility
proposed in their jurisdiction. [1997 c.428 §5; 1999 c.385 §10; 2001 c.134 §11;
2003 c.186 §79; 2005 c.829 §12]
Note:
469.504 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 469 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
469.505
Consultation with other agencies. (1) In making
a determination regarding compliance with statutes, rules and ordinances
administered by another agency or compliance with requirements of ORS 469.300
to 469.563 and 469.590 to 469.619 where another agency has special expertise,
consultation with the other agency shall occur during the notice of intent and
site certificate application process. Any permit application for which the
permitting decision has been delegated by the federal government to a state
agency other than the Energy Facility Siting Council shall be reviewed,
whenever feasible, simultaneously with the council’s review of the site certificate
application. Any hearings required on such permit applications shall be
consolidated, whenever feasible, with hearings under ORS 469.300 to 469.563 and
469.590 to 469.619.
(2) Before resolving any conflicting
conditions in site certificates or amended site certificates under ORS 469.503
(3) and 469.504, the council shall notify and consult with the agencies and
local governments responsible for administering the statutes, administrative
rules or substantive local criteria that result in the conflicting conditions
regarding potential conflict resolution. [1993 c.569 §24 (469.501, 469.503,
469.505 and 469.507 enacted in lieu of 469.500 and 469.510); 1997 c.428 §9;
1999 c.385 §11]
469.507
Monitoring environmental and ecological effects of construction and operation
of energy facilities. (1) The site certificate holder
shall establish programs for monitoring the environmental and ecological
effects of the construction and operation of facilities subject to site
certificates to assure continued compliance with the terms and conditions of
the certificate. The programs shall be subject to review and approval by the
Energy Facility Siting Council.
(2) The site certificate holder shall
perform the testing and sampling necessary for the monitoring program or require
the operator of the plant to perform the necessary testing or sampling pursuant
to guidelines established by the Energy Facility Siting Council or its
designee. The council and the Director of the State Department of Energy shall
have access to operating logs, records and reprints of the certificate holder,
including those required by federal agencies.
(3) The monitoring program may be
conducted in cooperation with any federally operated program if the information
available from the federal program is acceptable to the council, but no federal
program shall be substituted totally for monitoring supervised by the council
or its designee.
(4) The monitoring program shall include
monitoring of the transportation process for all radioactive material removed
from any nuclear fueled thermal power plant or nuclear installation. [1993
c.569 §25 (469.501, 469.503, 469.505 and 469.507 enacted in lieu of 469.500 and
469.510); 1995 c.505 §22]
469.510
[Formerly 453.515; 1977 c.794 §15; repealed by 1993 c.569 §21 (469.501,
469.503, 469.505 and 469.507 enacted in lieu of 469.500 and 469.510)]
469.520
Cooperation of state governmental bodies; adoption of rules by state agencies
on energy facility development. (1) Each
state agency and political subdivision in this state that is concerned with
energy facilities shall inform the State Department of Energy, promptly of its
activities and programs relating to energy and radiation.
(2) Each state agency proposing to adopt,
amend or rescind a rule relating to energy facility development first shall
file a copy of its proposal with the council, which may order such changes as
it considers necessary to conform to state policy as stated in ORS 469.010 and
469.310.
(3) The effective date of a rule relating
to energy facility development, or an amendment or rescission thereof, shall
not be sooner than 10 days subsequent to the filing of a copy of such proposal
with the council. [Formerly 453.525]
(Plant
Operations; Radioactive Wastes)
469.525
Radioactive waste disposal facilities prohibited; exceptions; rules.
Notwithstanding any other provision of this chapter, no waste disposal facility
for any radioactive waste shall be established, operated or licensed within
this state, except as follows:
(1) Wastes generated before June 1, 1981,
through industrial or manufacturing processes which contain only naturally
occurring radioactive isotopes which are disposed of at sites approved by the
Energy Facility Siting Council in accordance with ORS 469.375.
(2) Medical, industrial and research
laboratory wastes contained in small, sealed, discrete containers in which the
radioactive material is dissolved or dispersed in an organic solvent or
biological fluid for the purpose of liquid scintillation counting and
experimental animal carcasses shall be disposed of or treated at a hazardous
waste disposal facility licensed by the Department of Environmental Quality and
in a manner consistent with rules adopted by the Department of Environmental
Quality after consultation with and approval by the Oregon Health Authority.
(3) Maintenance of radioactive coal ash at
the site of a thermal power plant for which a site certificate has been issued
pursuant to this chapter shall not constitute operation of a waste disposal
facility so long as such coal ash is maintained in accordance with the terms of
the site certificate as amended from time to time as necessary to protect the
public health and safety. [Formerly 459.630; 1979 c.283 §2; 1981 c.587 §2; 2009
c.595 §953]
469.530
Review and approval of security programs. The
Energy Facility Siting Council and the Director of the State Department of
Energy shall review and approve all security programs attendant to a
nuclear-fueled thermal power plant, a nuclear installation and the
transportation of radioactive material derived from or destined for a
nuclear-fueled thermal power plant or a nuclear installation. The council shall
provide reasonable public notice of a meeting of the council held for purposes
of such review and approval. [Formerly 453.535; 1981 c.707 §3; 1989 c.6 §1]
469.533
State Department of Energy rules for health protection and evacuation procedures
in nuclear emergency. Notwithstanding ORS chapter 401,
the State Department of Energy in cooperation with the Oregon Health Authority
and the Office of Emergency Management shall establish rules for the protection
of health and procedures for the evacuation of people and communities who would
be affected by radiation in the event of an accident or a catastrophe in the
operation of a nuclear power plant or nuclear installation. [Formerly 453.765;
1983 c.586 §43; 2009 c.595 §954; 2009 c.718 §49]
469.534
County procedures. Each county in this state that
has a nuclear-fueled thermal power plant located within county boundaries and
each county within this state that has any portion of its area located within
50 miles of a site within this state of a nuclear-fueled thermal power plant
shall develop written procedures that are compatible with the rules adopted by
the State Department of Energy under ORS 469.533. The department shall review
the county procedures to determine whether they are compatible with the rules
of the department. [1983 c.586 §46]
469.535
Governor may assume control of emergency operations during nuclear accident or
catastrophe. Notwithstanding ORS chapter 401, when
an emergency exists because of an accident or catastrophe in the operation of a
nuclear power plant or nuclear installation or in the transportation of
radioactive material, the Governor, for the duration of the emergency, may:
(1) Assume complete control of all
emergency operations in the area affected by the accident or catastrophe,
direct all rescue and salvage work and do all things deemed advisable and
necessary to alleviate the immediate conditions.
(2) Assume control of all police and law
enforcement activities in such area, including the activities of all local
police and peace officers.
(3) Close all roads and highways in such
area to traffic or by order of the Director of the State Department of Energy limit
the travel on such roads to such extent as the director deems necessary and
expedient.
(4) Designate persons to coordinate the
work of public and private relief agencies operating in such area and exclude
from such area any person or agency refusing to cooperate with other agencies
engaged in emergency work.
(5) Require the aid and assistance of any
state or other public or quasi-public agencies in the performance of duties and
work attendant upon the emergency conditions in such area. [1983 c.586 §47;
2009 c.718 §50]
469.536
Public utility to disseminate information under ORS 469.533.
A public utility which operates a nuclear power plant or nuclear installation
shall disseminate to the governing bodies of cities and counties that may be
affected information approved by the State Department of Energy which explains
rules or procedures adopted under ORS 469.533. [Formerly 453.770]
469.540
Reductions or curtailment of operations for violation of safety standards;
notice; time period for repairs; transport and disposal of radioactive
materials. (1) In instances where the Director of
the State Department of Energy determines either from the monitoring or
surveillance of the director that there is danger of violation of a safety
standard adopted under ORS 469.501 from the continued operation of a plant or
installation, the director may order temporary reductions or curtailment of
operations until such time as proper safety precautions can be taken.
(2) An order of reduction or curtailment
shall be entered only after notice to the thermal power plant or installation
and only after a reasonable time, considering the extent of the danger, has
been allowed for repairs or other alterations that would bring the plant or
installation into conformity with applicable safety standards.
(3) The director may order compliance or
impose other safety conditions on the transport or disposal of radioactive
materials or wastes if the director believes that ORS 469.300 to 469.619 and
469.930 or rules adopted pursuant thereto are being violated or are in danger
of being violated. [Formerly 453.545; 1989 c.6 §2; 1993 c.569 §26; 2003 c.186 §31]
469.550
Order for halt of plant operations or activities with radioactive material;
notice. (1) Whenever in the judgment of the
Director of the State Department of Energy from the results of monitoring or
surveillance of operation of any nuclear-fueled thermal power plant or nuclear
installation or based upon information from the Energy Facility Siting Council
there is cause to believe that there is clear and immediate danger to the
public health and safety from continued operation of the plant or installation,
the director shall, in cooperation with appropriate state and federal agencies,
without hearing or prior notice, order the operation of the plant halted by
service of the order on the plant superintendent or other person charged with
the operation thereof. Within 24 hours after such order, the director must
appear in the appropriate circuit court to petition for the relief afforded
under ORS 469.563 and may commence proceedings for revocation of the site
certificate if grounds therefor exist.
(2) Whenever, in the judgment of the
director based upon monitoring or surveillance by the director, or based upon
information from the council, there is cause to believe that there is clear and
immediate danger to the public health and safety from the accumulation or
storage of radioactive material located at a nuclear-fueled thermal power plant
or a nuclear installation, the director shall in cooperation with appropriate
state and federal agencies, without hearing or prior notice, order such
accumulation, storage, disposal or transportation halted or immediately impose
safety precautions by service of the order on the officer responsible for the
accumulation, storage, disposal or transportation. Within 24 hours after such
an order, the director must appear in the appropriate circuit court to petition
for the relief afforded under ORS 469.563.
(3)(a) If the director believes there is a
clear and immediate danger to public health or safety, the director shall halt
the transportation or disposal of radioactive material or waste.
(b) The director shall serve an order to
halt the transportation or disposal of radioactive material on the person responsible
for the transport or disposal. The order may be served without prior hearing or
notice.
(c) Within 24 hours after the director
serves an order under paragraph (b) of this subsection, the director shall
petition the appropriate circuit court for relief under ORS 469.563.
(4) The Governor, in the absence of the
director, may issue orders and petition for judicial relief as provided in this
section. [Formerly 453.555; 1977 c.794 §16; 1989 c.6 §3; 2003 c.186 §32]
469.553
Active uranium mill or mill tailings disposal facility site certification
required; procedure for review; fees. (1) Any
person desiring to construct or operate an active uranium mill or uranium mill
tailings disposal facility after June 25, 1979, shall file with the Energy
Facility Siting Council a site certificate application.
(2) The Energy Facility Siting Council
shall review an application for a site certificate under this section using the
procedure prescribed in ORS 469.350, 469.360, 469.370, 469.375, 469.401 and
469.403, for energy facilities. The council is authorized to assess fees in
accordance with ORS 469.421 in connection with site certificates applied for or
issued under this section. [1979 c.283 §7; 1987 c.633 §1; 1993 c.569 §27; 1995
c.505 §25]
469.556
Rules governing uranium-related activities. The
Energy Facility Siting Council shall adopt rules governing the location,
construction and operation of uranium mills and uranium mill tailings disposal
facilities and the treatment, storage and disposal of uranium mine overburden
for the protection of the public health and safety and the environment. [1979
c.283 §8]
469.559
Cooperative agreements authorized between council and federal officials and
agencies; rules; powers of Governor; exception for inactive or abandoned site.
(1) Notwithstanding the authority of the Oregon Health Authority pursuant to
ORS 453.605 to 453.800 to regulate radiation sources or the requirements of ORS
469.525, the Energy Facility Siting Council may enter into and carry out
cooperative agreements with the Secretary of Energy pursuant to Title I and the
Nuclear Regulatory Commission pursuant to Title II of the Uranium Mill Tailings
Radiation Control Act of 1978, Public Law 95-604, and perform or cause to be
performed any and all acts necessary to be performed by the state, including
the acquisition by condemnation or otherwise, retention and disposition of land
or interests therein, in order to implement that Act and rules, standards and
guidelines adopted pursuant thereto. The Energy Facility Siting Council may
adopt, amend or repeal rules in accordance with ORS chapter 183 and may receive
and disburse funds in connection with the implementation and administration of
this section.
(2) The Energy Facility Siting Council and
the State Department of Energy may enter into and carry out cooperative
agreements and arrangements with any agency of the federal government
implementing the Comprehensive Environmental Response, Compensation, and
Liability Act, as amended, 42 U.S.C. section 9601 et seq., to clean up wastes
and contaminated material, including overburden, created by uranium mining
before June 29, 1989. Any such project need not obtain a site certificate from
the council, but shall nevertheless comply with all applicable, relevant or
appropriate state standards including but not limited to those set forth in ORS
469.375 and rules adopted by the council and other state agencies to implement
such standards.
(3) The Governor may do any and all things
necessary to implement the requirements of the federal Acts referred to in
subsections (1) and (2) of this section.
(4) Notwithstanding ORS 469.553, after
June 25, 1979, no site certificate is required for the cleanup and disposal of
an inactive or abandoned uranium mill tailings site as authorized under
subsection (1) of this section and Title I of the Uranium Mill Tailings
Radiation Control Act of 1978, Public Law 95-604. [1979 c.283 §9; 1987 c.633 §2;
1989 c.496 §1; 2009 c.595 §955]
(Records)
469.560
Records; public inspection; confidential information.
(1) Except as provided in subsection (2) of this section and ORS 192.501 to
192.505, any information filed or submitted pursuant to ORS 469.300 to 469.563,
469.590 to 469.619, 469.930 and 469.992 shall be made available for public
inspection and copying during regular office hours of the State Department of
Energy at the expense of any person requesting copies.
(2) Any information, other than that
relating to the public safety, relating to secret process, device, or method of
manufacturing or production obtained in the course of inspection, investigation
or activities under ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and
469.992 shall be kept confidential and shall not be made a part of public
record of any hearing. [Formerly 453.565]
(Insurance)
469.561
Property insurance required; exceptions; filing of policy.
(1) A person owning and operating a nuclear power plant in this state under a
license issued by the United States Nuclear Regulatory Commission or under a
site certificate issued under ORS 469.300 to 469.563, 469.590 to 469.619,
469.930 and 469.992 shall obtain and maintain property insurance in the maximum
insurable amount available for each nuclear incident occurring within this
state, as required by this section. The insurance shall cover property damage
occurring within a nuclear plant and its related or supporting facilities as a
result of the nuclear incident.
(2) Insurance required under this section
does not apply to:
(a) Any claim of an employee of a person
obtaining insurance under this section, if the claim is made under a state or
federal workers’ compensation Act and if the employee is employed at the site
of and in connection with the nuclear power plant at which the nuclear incident
occurred; or
(b) Any claim arising out of an act of
war.
(3) A person obtaining insurance under
this section shall maintain insurance for the term of the license issued to the
nuclear power plant by the United States Nuclear Regulatory Commission and for
any extension of the term, and until all radioactive material has been removed
from the nuclear power plant and transportation of the radioactive material
from the nuclear power plant has ended.
(4) A person obtaining insurance under
this section shall file a copy of the insurance policy, any amendment to the
policy and any superseding insurance policy with the Director of the State
Department of Energy.
(5) Property insurance required under this
section is in addition to and not in lieu of insurance coverage provided under
the Price-Anderson Act (42 U.S.C. 2210).
(6) Property insurance required by
subsections (1) to (5) of this section may include private insurance,
self-insurance, utility industry association self-assurance pooling programs,
or a combination of all three.
(7) A person may fulfill the requirements
for an insurance policy under subsections (1) to (5) of this section by
obtaining policies of one or more insurance carriers if the policies together
meet the requirements of subsections (1) to (5) of this section. [Formerly 469.565]
469.562
Eligible insurers. (1) In order to provide the
private insurance specified under ORS 469.561, an insurer must be authorized to
provide or transact insurance in this state.
(2) An insurer providing property
insurance required under ORS 469.561 (1) to (5) may obtain reinsurance as
defined in ORS 731.126. [Formerly 469.567]
(Enforcement)
469.563
Court orders for enforcement. Without prior
administrative proceedings, a circuit court may issue such restraining orders,
and such temporary and permanent injunctive relief as is necessary to secure
compliance with ORS 469.320, 469.405 (3), 469.410, 469.421, 469.430, 469.440,
469.442, 469.507, 469.525 to 469.559, 469.560, 469.561, 469.562, 469.590 to
469.619, 469.930 and 469.992 or with the terms and conditions of a site
certificate. [Formerly 469.570; 1999 c.385 §12]
469.565
[1981 c.866 §§3,4; renumbered 469.561 in 1997]
(Oregon
Hanford Cleanup Board)
469.566
Legislative findings. (1) The Legislative Assembly
finds and declares that Oregon is not assured that the United States Department
of Energy will:
(a) Consider the unique features of Oregon
and the needs of the people of Oregon when assessing the Hanford Nuclear
Reservation as a potentially suitable location for the long-term disposal of high-level
radioactive waste; or
(b) Ensure adequate opportunity for public
participation in the assessment process.
(2) Over the past 45 years, the United
States has developed and produced nuclear weapons at the Hanford Nuclear
Reservation and during this period large quantities of radioactive hazardous
and chemical wastes have accumulated at the Hanford Nuclear Reservation, and
the waste sites pose an immediate and serious long-term threat to the
environment and to public health and safety.
(3) Therefore, the Legislative Assembly
declares that it is in the best interests of the State of Oregon to establish
an Oregon Hanford Cleanup Board to serve as a focus for the State of Oregon in
the development of a state policy to be presented to the federal government, to
ensure a maximum of public participation in the assessment and cleanup process.
[1987 c.514 §1; 1991 c.562 §3; 2001 c.104 §204; 2003 c.186 §33]
Note:
469.566 to 469.583 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 469 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
469.567
[1981 c.866 §5; renumbered 469.562 in 1997]
469.568
Construction of ORS 469.566 to 469.583. Nothing in
ORS 469.566 to 469.583 shall be interpreted by the federal government or the
United States Department of Energy as an expression by the people of Oregon to
accept the Hanford Nuclear Reservation as the site for the long-term disposal
of high-level radioactive waste. [1987 c.514 §2; 2001 c.104 §205]
Note:
See note under 469.566.
469.569
Definitions for ORS 469.566 to 469.583. As used in
ORS 469.566 to 469.583:
(1) “Board” means the Oregon Hanford
Cleanup Board.
(2) “High-level radioactive waste” means
fuel or fission products from a commercial nuclear reactor after irradiation
that is packaged and prepared for disposal.
(3) “United States Department of Energy”
means the federal Department of Energy established under 42 U.S.C.A. 7131 or
any successor agency assigned responsibility for the long-term disposal of
high-level radioactive waste. [1987 c.514 §3; 2003 c.186 §34]
Note:
See note under 469.566.
469.570
[Formerly 453.575; 1995 c.505 §23; renumbered 469.563 in 1997]
469.571
Oregon Hanford Cleanup Board; members; appointment.
There is created an Oregon Hanford Cleanup Board that shall consist of the
following members:
(1) The Director of the State Department
of Energy or designee;
(2) The Water Resources Director or
designee;
(3) A representative of the Governor;
(4) One member representing the
Confederated Tribes of the Umatilla Indian Reservation;
(5) Ten members of the public, appointed
by the Governor, one of whom shall be a representative of a local emergency
response organization in eastern Oregon and one of whom shall serve as
chairperson; and
(6) Three members of the Senate, appointed
by the President of the Senate, and three members of the House of
Representatives, appointed by the Speaker of the House of Representatives who
shall serve as advisory members without vote. [1987 c.514 §4; 1991 c.562 §1;
1997 c.249 §271; 2003 c.186 §5]
Note:
See note under 469.566.
469.572
Compensation of board members. (1) Each
member of the Oregon Hanford Cleanup Board shall serve at the pleasure of the
appointing authority. For purposes of this subsection, for those members of the
board selected by the public advisory committee, the appointing authority shall
be the public advisory committee.
(2) Each public member of the board shall
receive compensation and expenses as provided in ORS 292.495. Each legislative
member shall receive compensation and expenses as provided in ORS 171.072.
(3) The board shall be under the
supervision of the chairperson. [1987 c.514 §5]
Note:
See note under 469.566.
469.573
Purpose of Oregon Hanford Cleanup Board. The Oregon
Hanford Cleanup Board:
(1) Shall serve as the focal point for all
policy discussions within the state government concerning the disposal of
high-level radioactive waste in the northwest region.
(2) Shall recommend a state policy to the
Governor and to the Legislative Assembly.
(3) After consultation with the Governor,
may make policy recommendations on other issues related to the Hanford Nuclear
Reservation at Richland, Washington, including but not limited to defense
wastes, disposal and treatment of chemical waste and plutonium production. [1987
c.514 §6; 2001 c.104 §206]
Note:
See note under 469.566.
469.574
Duties of Oregon Hanford Cleanup Board; coordination with Washington.
In carrying out its purpose as set forth in ORS 469.573, the Oregon Hanford
Cleanup Board shall:
(1) Serve as the initial agency in this
state to be contacted by the United States Department of Energy or any other
federal agency on any matter related to the long-term disposal of high-level
radioactive waste and other issues related to the Hanford Nuclear Reservation.
(2) Serve as the initial agency in this
state to receive any report, study, document, information or notification of
proposed plans from the federal government on any matter related to the
long-term disposal of high-level radioactive waste or other issues related to
the Hanford Nuclear Reservation. Notification of proposed plans includes
notification of proposals to conduct field work, on-site evaluation or on-site
testing.
(3) Disseminate or arrange with the United
States Department of Energy or other federal agency to disseminate the
information received under subsection (2) of this section to appropriate state
agencies, local governments, regional planning commissions, American Indian
tribal governing bodies, the general public and interested citizen groups who
have requested in writing to receive this information.
(4) Recommend to the Governor and
Legislative Assembly appropriate responses to contacts under subsection (1) of
this section and information received under subsection (2) of this section if a
response is appropriate. The board shall consult with the appropriate state
agency, local government, regional planning commission, American Indian tribal
governing body, the general public and interested citizen groups in preparing
this response.
(5) Promote and coordinate educational
programs which provide information on the nature of high-level radioactive
waste, the long-term disposal of this waste, the activities of the board, the
activities of the United States Department of Energy and any other federal
agency related to the long-term disposal of high-level radioactive waste or
other issues related to the Hanford Nuclear Reservation and the opportunities
of the public to participate in procedures and decisions related to this waste.
(6) Review any application to the United
States Department of Energy or other federal agency by a state agency, local
government or regional planning commission for funds for any program related to
the long-term disposal of high-level radioactive waste or other issues related
to the Hanford Nuclear Reservation. If the board finds that the application is
not consistent with the state’s policy related to such issue or that the
application is not in the best interest of the state, the board shall forward
its findings to the Governor and the appropriate legislative committee. If the
board finds that the application of a state agency is not consistent with the
state’s policy related to long-term disposal of high-level radioactive waste or
that the application of a state agency is not in the best interest of the
state, the findings forwarded to the Governor and legislative committee shall
include a recommendation that the Governor act to stipulate conditions for the
acceptance of the funds which are necessary to safeguard the interests of the
state.
(7) Monitor activity in Congress and the
federal government related to the long-term disposal of high-level radioactive
waste and other issues related to the Hanford Nuclear Reservation.
(8) If appropriate, advise the Governor
and the Legislative Assembly to request the Attorney General to intervene in
federal proceedings to protect the state’s interests and present the state’s
point of view on matters related to the long-term disposal of high-level
radioactive waste or other issues related to the Hanford Nuclear Reservation.
(9) Coordinate with appropriate
counterparts and agencies in the State of Washington. [1987 c.514 §7; 1991
c.562 §4; 2001 c.104 §207]
Note:
See note under 469.566.
469.575
Duties of chairperson of Oregon Hanford Cleanup Board.
The chairperson of the Oregon Hanford Cleanup Board shall:
(1) Supervise the day-to-day functions of
the board;
(2) Hire, assign, reassign and coordinate
the administrative personnel of the board, prescribe their duties and fix their
compensation, subject to the State Personnel Relations Law; and
(3) Request technical assistance from any
other state agency. [1987 c.514 §8]
Note:
See note under 469.566.
469.576
Review of Hanford as site selected for long-term disposal of high-level
radioactive waste. (1) If the United States
Department of Energy selects the Hanford Nuclear Reservation as the site for
the construction of a repository for the long-term disposal of high-level
radioactive waste, the Oregon Hanford Cleanup Board shall review the selected
site and the site plan prepared by the United States Department of Energy. In
conducting its review the board shall:
(a) Include a full scientific review of
the adequacy of the selected site and of the site plan;
(b) Use recognized experts;
(c) Conduct one or more public hearings on
the site plan;
(d) Make available to the public arguments
and evidence for and against the site plan; and
(e) Solicit comments from appropriate
state agencies, local governments, regional planning commissions, American
Indian tribal governing bodies, the general public and interested citizen
groups on the adequacy of the Hanford site and the site plan.
(2) After completing the review under
subsection (1) of this section, the board shall submit a recommendation to the
Speaker of the House of Representatives, the President of the Senate and the
Governor on whether the state should accept the Hanford site. [1987 c.514 §10;
2001 c.104 §208]
Note:
See note under 469.566.
469.577
Lead agency; agreements with federal agencies related to long-term disposal of
high-level radioactive waste. (1) In
addition to any other duty prescribed by law and subject to the policy
direction of the board, a lead agency designated by the Governor shall
negotiate written agreements and modifications to those agreements, with the
United States Department of Energy or any other federal agency or state on any
matter related to the long-term disposal of high-level radioactive waste.
(2) Any agreement or modification to an
agreement negotiated by the agency designated by the Governor under subsection
(1) of this section shall be consistent with the policy expressed by the
Governor and the Legislative Assembly as developed by the Oregon Hanford
Cleanup Board.
(3) The Oregon Hanford Cleanup Board shall
make recommendations to the agency designated by the Governor under subsection
(1) of this section concerning the terms of agreements or modifications to
agreements negotiated under subsection (1) of this section or other issues
related to the Hanford Nuclear Reservation. [1987 c.514 §11; 1991 c.562 §5;
2001 c.104 §209]
Note:
See note under 469.566.
469.578
Oregon Hanford Cleanup Board to implement agreements with federal agencies.
The Oregon Hanford Cleanup Board shall implement agreements, modifications and
technical revisions approved by the agency designated by the Governor under ORS
469.577. In implementing these agreements, modifications and revisions, the
board may solicit the views of any appropriate state agency, local government,
regional planning commission, American Indian tribal governing body, the
general public and interested citizen groups. [1987 c.514 §12]
Note:
See note under 469.566.
469.579
Authority to accept moneys; disbursement of funds; rules.
The Oregon Hanford Cleanup Board may accept moneys from the United States
Department of Energy, other federal agencies, the State of Washington and from
gifts and grants received from any other person. Such moneys are continuously
appropriated to the board for the purpose of carrying out the provisions of ORS
469.566 to 469.583. The board shall establish by rule a method for disbursing
such funds as necessary to carry out the provisions of ORS 469.566 to 469.583,
including but not limited to awarding contracts for studies pertaining to the
long-term disposal of radioactive waste or other issues related to the Hanford
Nuclear Reservation. Any disbursement of funds by the board or the lead agency
shall be consistent with the policy established by the board under ORS 469.573.
[1987 c.514 §13; 1991 c.562 §6; 2001 c.104 §210; 2003 c.186 §35]
Note:
See note under 469.566.
469.580
[1977 c.296 §13; repealed by 1993 c.569 §31]
469.581
Advisory and technical committees. The Oregon
Hanford Cleanup Board may establish any advisory and technical committee it
considers necessary. Members of any advisory or technical committee established
under this section may receive reimbursement for travel expenses incurred in
the performance of their duties in accordance with ORS 292.495. [1987 c.514 §14;
1991 c.562 §2]
Note:
See note under 469.566.
469.582
Cooperation with Oregon Hanford Cleanup Board; technical assistance from other
state agencies. All departments, agencies and
officers of this state and its political subdivisions shall cooperate with the
Oregon Hanford Cleanup Board in carrying out any of its activities under ORS
469.566 to 469.583 and, at the request of the chairperson, provide technical
assistance to the board. [1987 c.514 §15]
Note:
See note under 469.566.
469.583
Rules. In accordance with the applicable
provisions of ORS chapter 183, the Oregon Hanford Cleanup Board shall adopt
rules and standards to carry out the requirements of ORS 469.566 to 469.583. [1987
c.514 §16]
Note:
See note under 469.566.
(Federal
Site Selection)
469.584
Findings. The Legislative Assembly and the people
of the State of Oregon find that:
(1) In order to solve the problem of
high-level radioactive waste disposal, Congress established a process for
selecting two sites for the safe, permanent and regionally equitable disposal
of such waste.
(2) The process of selecting three sites
as final candidates, including the Hanford Nuclear Reservation in the State of
Washington, for a first high-level nuclear waste repository by the United
States Department of Energy violated the intent and the mandate of Congress.
(3) The United States Department of Energy
has prematurely deferred consideration of numerous potential sites and disposal
media that its own research indicates are more appropriate, safer and less
expensive.
(4) Placement of a repository at Hanford
without methodical and independently verified scientific evaluation threatens
the health and safety of the people and the environment of this state.
(5) The selection process is flawed and
not credible because it did not include independent experts in the selection of
the sites and in the review of the selected sites, as recommended by the
National Academy of Sciences.
(6) By postponing indefinitely all site
specific work for an eastern repository, the United States Department of Energy
has not complied with the intent of Congress expressed in the Nuclear Waste
Policy Act, Public Law 97-425, and the fundamental compromise which enabled its
enactment. [1987 c.13 §1; 2001 c.104 §211]
Note:
469.584 and 469.585 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 469 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
469.585
Activities of state related to selection of high-level radioactive waste
disposal site. In order to achieve complete compliance
with federal law and protect the health, safety and welfare of the people of
the State of Oregon, the Legislative Assembly, other statewide officials and
state agencies shall use all legal means necessary to:
(1) Suspend the preliminary site selection
process for a high-level nuclear waste repository, including the process of
site characterization, until there is compliance with the intent of the Nuclear
Waste Policy Act;
(2) Reverse the Secretary of Energy’s
decision to postpone indefinitely all site specific work on locating and
developing an eastern repository for high-level nuclear waste;
(3) Insist that the United States
Department of Energy’s site selection process, when resumed, considers all
acceptable geologic media and results in safe, scientifically justified and
regionally and geographically equitable high-level nuclear waste disposal;
(4) Demand that federal budget actions
fully and completely follow the intent of the Nuclear Waste Policy Act;
(5) Continue to pursue alliances with
other states and interested parties, particularly with Pacific Northwest
Governors, legislatures and other parties, affected by the site selection
process and transportation of high-level nuclear waste; and
(6) Ensure that Oregon, because of its
close geographic and geologic proximity to the proposed Hanford Nuclear
Reservation site, be accorded the same status under federal law as a state in
which a high-level nuclear repository is proposed to be located. [1987 c.13 §2;
2001 c.104 §212]
Note:
See note under 469.584.
(Hanford
Nuclear Reservation)
469.586
Findings. The Legislative Assembly and the people
of the State of Oregon find that:
(1) The maintenance of healthy, unpolluted
river systems, airsheds and land are essential to the economic vitality and
well-being of the citizens of the State of Oregon and the Pacific Northwest.
(2) Radioactive waste stored at the
Hanford Nuclear Reservation is already leaking into and contaminating the water
table and watershed of the Columbia River and radioactive materials and toxic
compounds have been found in plants, animals and waters downstream from the
Hanford Nuclear Reservation and constitute a present and potential threat to
the health, safety and welfare of the people of the State of Oregon.
(3) The Hanford Nuclear Reservation is now
one of the most radioactively contaminated sites in the world, according to
government studies, and will require billions of dollars in costs for cleanup
and the ongoing assessment of health effects.
(4) In November 1980, the people of the
State of Oregon, by direct vote in a statewide election, enacted a moratorium
on the construction of nuclear power plants, and no nuclear power plants are
presently operating in the State of Oregon.
(5) In May 1987, the people of the State
of Oregon, by direct vote in a statewide election, enacted Ballot Measure 1,
opposing the disposal of highly radioactive spent fuel from commercial power
plants at the Hanford Nuclear Reservation.
(6) In 1995, the Legislative Assembly
resolved that Oregon should have all legal rights in matters affecting the Hanford
Nuclear Reservation, including party status in the Hanford tri-party agreement
that governs the cleanup of the reservation.
(7) Throughout the administrations of
Presidents Ford, Carter, Reagan and Bush, the policy of the federal government
banned the use of plutonium in commercial nuclear power plants due to the risk
that the plutonium could be diverted to terrorists and to nations that have not
renounced the use of nuclear weapons.
(8) The federal government has announced
that it will process plutonium from weapons with uranium to produce mixed oxide
fuel for commercial nuclear power plants and other nuclear facilities. The
Hanford Nuclear Reservation, located on the Columbia River, is a primary
candidate site being considered for the production facilities.
(9) The production of mixed oxide fuel
will result in enormous new quantities of radioactive and chemical wastes that
will present significant additional disposal problems and unknown costs. [1997
c.617 §1]
Note:
469.586 and 469.587 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 469 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
469.587
Position of State of Oregon related to operation of Hanford Nuclear
Reservation. The Legislative Assembly and the people
of the State of Oregon:
(1) Declare that the State of Oregon is
unalterably opposed to the use of the Hanford Nuclear Reservation for
operations that create more contamination at the Hanford Nuclear Reservation,
divert resources from cleanup at the Hanford Nuclear Reservation and make the
Hanford Nuclear Reservation cleanup more difficult, such as the processing of
plutonium to fuel nuclear power plants, reactors or any other facilities, and
further declare that vitrification in a safe manner is the preferred means to
dispose of excess plutonium, in order to protect human health and the
environment.
(2) Request that the President of the
United States and the Secretary of Energy continue their previous policy of
banning the use of plutonium to fuel commercial power plants and nuclear
facilities.
(3) Request that the federal government
honor the federal government’s original mandate to implement and complete the
cleanup and restoration of the Hanford Nuclear Reservation. [1997 c.617 §2]
Note:
See note under 469.586.
(Siting
of Nuclear-Fueled Thermal Power Plants)
469.590
Definitions for ORS 469.590 to 469.595. As used in
ORS 469.590 to 469.595:
(1) “High-level radioactive waste” means
spent nuclear fuel or the radioactive by-products from the reprocessing of
spent nuclear fuel.
(2) “Spent nuclear fuel” means nuclear
fuel rods or assemblies which have been irradiated in a power reactor and
subsequently removed from that reactor. [1981 c.1 §2]
469.593
Findings. The people of this state find that if
no permanent repository for high-level radioactive waste is provided by the
federal government, the residents of the state may face the undue financial
burden of paying for construction of a repository for such wastes. Therefore,
the people of this state enact ORS 469.590 to 469.601. [1981 c.1 §1]
469.594
Storage of high-level radioactive waste after expiration of license prohibited;
continuing responsibility for storage; implementation agreements.
(1) Notwithstanding the definition of a “waste disposal facility” under ORS
469.300, no high-level radioactive waste should be stored at the site of a
nuclear-fueled thermal power plant after the expiration of the operating
license issued to the nuclear power plant by the United States Nuclear
Regulatory Commission.
(2) Notwithstanding subsection (1) of this
section, a person operating a nuclear power plant under a license issued by the
United States Nuclear Regulatory Commission shall remain responsible for proper
temporary storage of high-level radioactive materials at the site of the
nuclear power plant after termination of a license and until such materials are
removed from the site for permanent storage.
(3) The State Department of Energy and the
operators of nuclear-fueled thermal plants shall pursue agreements with the
United States Department of Energy and the United States Nuclear Regulatory
Commission to fulfill the provisions of this section. [1985 c.434 §2; 1991
c.480 §11; 1993 c.569 §28; 1995 c.505 §24; 2001 c.134 §12]
469.595
Condition to site certificate for nuclear-fueled thermal power plant.
Before issuing a site certificate for a nuclear-fueled thermal power plant, the
Energy Facility Siting Council must find that an adequate repository for the
disposal of the high-level radioactive waste produced by the plant has been
licensed to operate by the appropriate agency of the federal government. The
repository must provide for the terminal disposition of such waste, with or
without provision for retrieval for reprocessing. [1981 c.1 §3]
469.597
Election procedure; elector approval required.
(1) Notwithstanding the provisions of ORS 469.370, if the Energy Facility
Siting Council finds that the requirements of ORS 469.595 have been satisfied
and proposes to issue a site certificate for a nuclear-fueled thermal power
plant, the proposal shall be submitted to the electors of this state for their
approval or rejection at the next available statewide general election. The
procedures for submitting a proposal to the electors under this section shall
conform, as nearly as possible to those for state measures, including but not
limited to procedures for printing related material in the voters’ pamphlet.
(2) A site certificate for a nuclear-fueled
thermal power plant shall not be issued until the electors of this state have
approved the issuance of the certificate at an election held pursuant to
subsection (1) of this section. [1981 c.1 §§4,5]
469.599
Public Utility Commission’s duty. The Public
Utility Commission shall not authorize the issuance of stocks, bonds or other
evidences of indebtedness to finance any nuclear-fueled thermal power plant
pursuant to ORS 757.400 to 757.460 until the Energy Facility Siting Council has
made the finding required under ORS 469.595. [1981 c.1 §6]
469.601
Effect of ORS 469.595 on applications and applicants.
ORS 469.595 does not prohibit:
(1) The Energy Facility Siting Council
from receiving and processing applications for site certificates for nuclear-fueled
thermal power plants under ORS 469.300 to 469.563, 469.590 to 469.619 and
469.930; or
(2) An applicant for a site certificate
under ORS 469.300 to 469.563, 469.590 to 469.619 and 469.930 from obtaining any
other necessary licenses, permits or approvals for the planning or siting of a
nuclear-fueled thermal power plant. [1981 c.1 §8]
(Transportation
of Radioactive Material)
469.603
Intent to regulate transportation of radioactive material.
It is the intention of the Legislative Assembly that the state shall regulate
the transportation of radioactive material to the full extent allowable under
and consistent with federal laws and regulations. [1981 c.707 §2]
469.605
Permit to transport required; application; delegation of authority to issue
permits; fees; rules. (1) No person shall ship or
transport radioactive material identified by the Energy Facility Siting Council
by rule as posing a significant hazard to public health and safety or the
environment if improperly transported into or within the State of Oregon
without first obtaining a permit from the State Department of Energy.
(2) Such permit shall be issued for a
period not to exceed one year and shall be valid for all shipments within that
period of time unless specifically limited by permit conditions.
(3) Application for a permit under this
section shall be made in a form and manner prescribed by the Director of the
State Department of Energy and may include:
(a) A description of the kind, quantity
and radioactivity of the material to be transported;
(b) A description of the route or routes
proposed to be taken and the transport schedule;
(c) A description of any mode of
transportation; and
(d) Other information required by the
director to evaluate the application.
(4) The director shall collect a fee from
all applicants for permits under this section in an amount reasonably
calculated to provide for the costs to the department of performing the duties
of the department under ORS 469.550 (3), 469.563, 469.603 to 469.619 and 469.992.
Fees collected under this subsection shall be deposited in the State Department
of Energy Account established under ORS 469.120.
(5) The director shall issue a permit only
if the application demonstrates that the proposed transportation will comply
with all applicable rules adopted under ORS 469.603 to 469.619 and if the
proposed route complies with federal law as provided in ORS 469.606.
(6) The director may delegate the
authority to issue permits for the transportation of radioactive material to
the Department of Transportation. In exercising such authority, the Department
of Transportation shall comply with the applicable provisions of ORS 469.603 to
469.619 and rules adopted by the director or the Energy Facility Siting Council
under ORS 469.603 to 469.619. Permits issued by the Department of
Transportation under this subsection shall be enforced according to the
provisions of ORS 825.258. The director also may delegate other authority
granted under ORS 469.605 to 469.619 to other state agencies if the delegation
will maintain or enhance the quality of the transportation safety program. [1981
c.707 §5; 1989 c.6 §4; 1991 c.233 §3; 2003 c.186 §36]
469.606
Determination of best and safest route. (1) Upon
receipt of an application required under ORS 469.605 for which radioactive
material is proposed to be transported by highway, the State Department of
Energy shall confer with the following persons to determine whether the
proposed route is safe, and complies with applicable routing requirements of
the United States Department of Transportation and the United States Nuclear
Regulatory Commission:
(a) The Oregon Department of
Transportation, or a designee of the Oregon Department of Transportation;
(b) The Energy Facility Siting Council, or
a designee of the Energy Facility Siting Council; and
(c) The Oregon Transportation Commission,
or a designee of the Oregon Transportation Commission.
(2) If, after consultation with the
persons set forth in subsection (1) of this section, a determination is made
that the proposed route is not the best and safest route for transporting the
material, the Director of the State Department of Energy shall deny the
application except as provided in subsection (3) of this section.
(3) If the applicant is prohibited by a statute,
rule or other action of an adjacent state or a political subdivision in an
adjacent state from using the route that complies with federal law, the
director:
(a) Shall petition the United States
Department of Transportation for an administrative determination of preemption
of the ban, pursuant to section 13 of the Hazardous Materials Transportation
Uniform Safety Act of 1990, P.L. 101-615.
(b) May issue a permit as provided under
ORS 469.605 (5) with conditions necessary to ensure safe transport over a route
available to the applicant, until the United States Department of
Transportation determines whether the prohibition by the other state or
political subdivision is preempted. [1991 c.233 §2; 2003 c.186 §37]
469.607
Authority of council; rules. (1) After
consultation with the Department of Transportation and other appropriate state,
local and federal agencies, the Energy Facility Siting Council by rule:
(a) May fix requirements for notification,
record keeping, reporting, packaging and emergency response;
(b) May designate those routes by highway,
railroad, waterway and air where transportation of radioactive material can be
accomplished safely;
(c) May specify conditions of
transportation for certain classes of radioactive material, including but not
limited to, specific routes, permitted hours of movement, requirements for
communications capabilities between carriers and emergency response agencies,
speed limits, police escorts, checkpoints, operator or crew training or other
operational requirements to enhance public health and safety; and
(d) May establish requirements for
insurance, bonding or other indemnification on the part of any person
transporting radioactive material into or within the State of Oregon under ORS
469.603 to 469.619 and 469.992.
(2) The requirements imposed by subsection
(1) of this section must be consistent with federal Department of
Transportation and Nuclear Regulatory Commission rules.
(3) Rules adopted under this section shall
be adopted in accordance with the provisions of ORS chapter 183. [1981 c.707 §6;
1989 c.6 §5; 1995 c.733 §45]
469.609
Annual report to state agencies and local governments on shipment of
radioactive wastes. Annually, the Director of the
State Department of Energy shall report to interested state agencies and all
local government agencies trained under ORS 469.611 on shipment of radioactive
material made during the preceding year. The director’s report shall include:
(1) The type and quantity of material
transported;
(2) Any mode of transportation used;
(3) The route or routes taken; and
(4) Any other information at the
discretion of the director. [1981 c.707 §8; 1989 c.6 §6; 2003 c.186 §38]
469.611
Emergency preparedness and response program; radiation emergency response team;
training. Notwithstanding ORS chapter 401:
(1) The Director of the State Department
of Energy shall coordinate emergency preparedness and response with appropriate
agencies of government at the local, state and national levels to ensure that
the response to a radioactive material transportation accident is swift and
appropriate to minimize damage to any person, property or wildlife. This
program shall include the preparation of localized plans setting forth agency
responsibilities for on-scene response.
(2) The director shall:
(a) Apply for federal funds as available
to train, equip and maintain an appropriate response capability at the state
and local level; and
(b) Request all available training and
planning materials.
(3) The Oregon Health Authority shall maintain
a trained and equipped radiation emergency response team available at all times
for dispatch to any radiological emergency. Before arrival of the team at the
scene of a radiological accident, the director may designate other technical
advisors to work with the local response agencies.
(4) The authority shall assist the
director to ensure that all emergency services organizations along major
transport routes for radioactive materials are offered training and retraining
in the proper procedures for identifying and dealing with a radiological
accident pending the arrival of persons with technical expertise. The authority
shall report annually to the director on training of emergency response
personnel. [1981 c.707 §9; 1983 c.586 §44; 1989 c.6 §7; 2003 c.186 §39; 2007
c.71 §151; 2009 c.595 §956; 2009 c.718 §51]
469.613
Records; inspection; rules. (1) Any person obtaining a
permit under ORS 469.605 shall establish and maintain any records, make any
reports and provide any information as the Energy Facility Siting Council may
by rule or order require to assure compliance with the conditions of the permit
or other rules affecting the transportation of radioactive materials and submit
the reports and make the records and information available at the request of
the Director of the State Department of Energy. Any requirement imposed by the
council under this subsection shall be consistent with regulations of the
United States Department of Transportation and the United States Nuclear
Regulatory Commission.
(2) The director may authorize any
employee or agent of the director to enter upon, inspect and examine, at
reasonable times and in a reasonable manner for the purpose of administration
or enforcement of the provisions of ORS 469.550, 469.563, 469.603 to 469.619
and 469.992 or rules adopted thereunder, the records and property of persons
within this state who have applied for permits under ORS 469.605.
(3) The director shall provide for:
(a) The inspection of each highway route
controlled shipment prior to or upon entry of the shipment into this state or
at the point of origin for the transportation of highway route controlled
shipments within the state; and
(b) Inspection of a representative sample
of shipments containing material required to bear a radioactive placard as
specified by federal regulations. [1981 c.707 §10; 1989 c.6 §8; 2003 c.186 §40]
469.615
Indemnity for claims against state insurance coverage certification;
reimbursement for costs incurred in nuclear incident.
(1) A person transporting radioactive materials in this state shall indemnify
the State of Oregon and its political subdivisions and agents for any claims
arising from the release of radioactive material during that transportation and
pay for the cost of response to an accident involving the radioactive material.
(2) With respect to radioactive materials,
the Director of the State Department of Energy shall ascertain and certify that
insurance coverage required under 42 U.S.C. 2210 is in force and effect at the
time the permit is issued under ORS 469.605.
(3) A person who owns, designs or
maintains facilities, structures, vehicles or equipment used for handling,
transportation, shipment, storage or disposal of nuclear material shall
reimburse the state for all expenses reasonably incurred by the state or a
political subdivision of the state, in protecting the public health and safety
and the environment from a nuclear incident or the imminent danger of a nuclear
incident caused by the person’s acts or omissions. These expenses include but
need not be limited to, costs incurred for precautionary evacuations, emergency
response measures and decontamination or other cleanup measures. As used in
this subsection “nuclear incident” has the meaning given that term in 42 U.S.C.
2014(q).
(4) Nothing in subsection (3) of this
section shall affect any provision of subsection (1) or (2) of this section. [1981
c.707 §11; 1987 c.705 §9; 1989 c.6 §9]
469.617
Report to legislature; content. The Director
of the State Department of Energy shall prepare and submit to the Governor for
transmittal to the Legislative Assembly, on or before the beginning of each
odd-numbered year regular legislative session, a comprehensive report on the
transportation of radioactive material in Oregon and provide an evaluation of
the adequacy of the state’s emergency response agencies. The report shall
include, but need not be limited to:
(1) A brief description and compilation of
any accidents and casualties involving the transportation of radioactive
material in Oregon;
(2) An evaluation of the effectiveness of
enforcement activities and the degree of compliance with applicable rules;
(3) A summary of outstanding problems
confronting the State Department of Energy in administering ORS 469.550,
469.563, 469.603 to 469.619 and 469.992; and
(4) Such recommendations for additional
legislation as the Energy Facility Siting Council considers necessary and
appropriate. [1981 c.707 §12; 1989 c.6 §10; 2011 c.545 §58]
469.619
State Department of Energy to make federal regulations available.
The State Department of Energy shall maintain and make available copies of all
federal regulation and federal code provisions referred to in ORS 469.300,
469.550, 469.563, 469.603 to 469.619 and 469.992. [1981 c.707 §14; 1989 c.6 §11]
469.621
[1981 c.707 §7; repealed by 1993 c.742 §101]
RESIDENTIAL
ENERGY CONSERVATION ACT
(Investor-Owned
Utilities)
469.631
Definitions for ORS 469.631 to 469.645. As used in
ORS 469.631 to 469.645:
(1) “Cash payment” means a payment made by
the investor-owned utility to the dwelling owner or to the contractor on behalf
of the dwelling owner for energy conservation measures.
(2) “Commercial lending institution” means
any bank, mortgage banking company, trust company, savings bank, savings and
loan association, credit union, national banking association, federal savings
and loan association or federal credit union maintaining an office in this
state.
(3) “Commission” means the Public Utility
Commission of Oregon.
(4) “Cost-effective” means that an energy
conservation measure that provides or saves a specific amount of energy during
its life cycle results in the lowest present value of delivered energy costs of
any available alternative. However, the present value of the delivered energy
costs of an energy conservation measure shall not be treated as greater than
that of a nonconservation energy resource or facility unless that cost is
greater than 110 percent of the present value of the delivered energy cost of
the nonconservation energy resource or facility.
(5) “Dwelling” means real or personal
property within the state inhabited as the principal residence of a dwelling
owner or a tenant. “Dwelling” includes a manufactured dwelling as defined in
ORS 446.003, a floating home as defined in ORS 830.700 and a single unit in
multiple-unit residential housing. “Dwelling” does not include a recreational
vehicle as defined in ORS 446.003.
(6) “Dwelling owner” means the person:
(a) Who has legal title to a dwelling,
including the mortgagor under a duly recorded mortgage of real property, the
trustor under a duly recorded deed of trust or a purchaser under a duly
recorded contract for the purchase of real property; and
(b) Whose dwelling receives space heating
from the investor-owned utility.
(7) “Energy audit” means: