Chapter 469 — Chapter 469
299 sections in this chapter.
ORS 469.010 Policy. The Legislative Assembly finds and declares that
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(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.…
ORS 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
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(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 dist…
ORS 469.030 State Department of Energy; duties. (1) There is created the State Department of Energy
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(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 …
ORS 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
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(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 S…
ORS 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
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(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 sub…
ORS 469.055 Authority of department to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the State Department of Energy may require the fingerprints of a person who
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(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; (…
ORS 469.059 Biennial comprehensive report; contents; compilation; public comment. (1) No later than November 1 of every even-numbered year, the State Department of Energy shall transmit to the Governor and the Legislative Assembly a comprehensive report on energy resources, policies, trends and forecasts in Oregon. The purposes of the report shall be to inform local, state, regional and federal energy policy development, energy planning and energy investments, and to identify opportunities to further the energy policies stated in ORS 469.010 and 469.310
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(2) Consistent with the legislatively approved budget, the report shall include, but need not be limited to, data and information on: (a) The consumption, generation, transmission and production of energy, including fuel energy; (b) Energy costs; (c) Energy sectors, markets, tech…
ORS 469.060 [1975 c.606 §8; 1983 c.273 §1; 1989 c.466 §1; 1995 c.505 §5; 1995 c.551 §19a; repealed by 2017 c.286 §1]
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[Repealed or reserved.]
ORS 469.062 Comprehensive state energy strategy; periodic update. (1) The State Department of Energy shall develop a comprehensive state energy strategy that identifies optimized pathways to achieving the state’s energy policy objectives
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(2) The state energy strategy must be informed, at a minimum, by the following: (a) Stakeholder perspectives; (b) State laws, policies and targets regarding energy and greenhouse gas emissions; (c) Existing energy and integrated resource plans; (d) Energy-related studies and data…
ORS 469.064 Energy security plan; requirements; fuel storage capacity; report. (1) The State Department of Energy shall develop an energy security plan. The energy security plan must meet the requirements for a state energy security plan described in 42 U.S.C. 6326
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(2) To the extent consistent with the requirements of 42 U.S.C. 6326, the energy security plan must align with strategies in the Oregon Fuel Action Plan developed by the department and must include, but need not be limited to: (a) An evaluation of the state’s ability to recover q…
ORS 469.067 Dispatchable standby generation program operated by public utility; annual reporting requirements. (1) A public utility, as defined in ORS 757.005, that operates a dispatchable standby generation program to support grid reliability shall, no later than June 1 of each year, report to the Director of the State Department of Energy the following information related to the operation of generators in the program in the previous calendar year
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(a) The aggregated number and nameplate capacity of the generators; (b) The total and average hours of operation of the generators; (c) The aggregated amounts of fuels, by type, used annually; (d) The availability of renewable fuels in the regional market for standby generators i…
ORS 469.070 [1975 c.606 §9; 1977 c.794 §3; 1983 c.273 §2; 2003 c.186 §17; repealed by 2017 c.286 §1]
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[Repealed or reserved.]
ORS 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, 192.338, 192.345, 192.355, 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
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(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, …
ORS 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
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(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 th…
ORS 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
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(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…
ORS 469.095 [1979 c.561 §9; repealed by 1993 c.475 §3]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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
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(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]
ORS 469.110 Dealings with federal government; intervention by State Department of Energy in agency action. (1) At the direction of the Director of the State Department of Energy, the State Department of Energy may represent the state’s energy-related interests in 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, and may, upon request, represent the interest of a county, city, state agency, federally recognized Native American or American Indian tribe, special district or owner or operator of an energy facility
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(2) At the direction of the director, 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; 2013 c.656 §4]
ORS 469.120 State Department of Energy Account; appropriation; record of moneys. (1) The State Department of Energy Account is established
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(2) The account shall consist of all funds received by the State Department of Energy pursuant to law. All moneys in the account are continuously appropriated to the State Department of Energy for payment of expenses of the department and of the Energy Facility Siting Council. (3…
ORS 469.130 [1975 c.606 §47; 1977 c.794 §5; 1977 c.891 §10; 1987 c.879 §16; repealed by 1995 c.551 §21]
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[Repealed or reserved.]
ORS 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
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(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 o…
ORS 469.137 Biogas and renewable natural gas inventory; contents; use; advisory committee. (1) As used in this section
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(a) “Biogas” means gas that is generated from organic waste or other organic materials through anaerobic digestion, gasification, pyrolysis or other technology that converts organic waste to gas. (b) “Renewable natural gas” is biogas that has been processed to be interchangeable …
ORS 469.140 [1975 c.606 §48; repealed by 1977 c.794 §6]
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[Repealed or reserved.]
ORS 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
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(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 …
ORS 469.155 Advisory energy conservation standards for dwellings; rules. (1) As used in this section
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(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 i…
ORS 469.157 [1981 c.746 §7; repealed by 1995 c.79 §287]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 469.161 Single resource for providing information and assistance related to energy efficiency incentives and programs. (1) The State Department of Energy shall create a single resource that provides to interested persons information, technical assistance and assistance in identifying contractors and financing options, related to available energy efficiency incentives and programs
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(2) The department shall coordinate information and data exchanges between federal and state agencies, private and public utility providers, and energy efficiency incentive or program providers as may be necessary to: (a) Create and maintain the single resource described under su…
ORS 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]
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[Repealed or reserved.]
ORS 469.166 Program to assist environmental justice communities. The State Department of Energy shall establish a program to provide assistance related to energy projects and activities to environmental justice communities, as defined in ORS 469A.400. At a minimum, the program must provide environmental justice communities with information regarding
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(1) Funding resources. (2) Technical assistance. (3) Other support that may be available. [2023 c.562 §1] Note: See note under 469.161.
ORS 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]
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[Repealed or reserved.]
ORS 469.171 [1999 c.765 §2; renumbered 469B.109 in 2011]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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)]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 469.181 Definitions for ORS 469.181 and 469.183. As used in this section and ORS 469.183
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(1)(a) “Green electrolytic hydrogen” means hydrogen produced through electrolysis using: (A) A renewable energy source as defined in ORS 469A.005; (B) Nonemitting electricity that is not derived from a fossil fuel; or (C) Electricity that has a carbon intensity that is equal to o…
ORS 469.183 Accelerating adoption of green electrolytic and renewable hydrogen fuels. To support the state’s transition to clean energy by accelerating the production, distribution and end use of renewable hydrogen and green electrolytic hydrogen fuels, the State Department of Energy shall
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(1) Where appropriate, seek and apply for federal funds for which the state is eligible, and support other applications for federal funds, that may be used to support the development and deployment of renewable hydrogen and green electrolytic hydrogen in this state; and (2) Provi…
ORS 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]
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[Repealed or reserved.]
ORS 469.190 [1979 c.512 §2; renumbered 469B.133 in 2011]
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[Repealed or reserved.]
ORS 469.195 [1979 c.512 §4; 1985 c.745 §2; 2010 c.76 §6; renumbered 469B.136 in 2011]
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[Repealed or reserved.]
ORS 469.197 [2007 c.843 §22; 2008 c.29 §1; 2010 c.76 §7; 2011 c.474 §26; renumbered 469B.139 in 2011]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 469.206 [1997 c.534 §9; 2001 c.583 §6; 2007 c.843 §19; 2009 c.288 §4; renumbered 469B.148 in 2011]
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[Repealed or reserved.]
ORS 469.207 [1985 c.745 §9; 1993 c.684 §4; 1995 c.746 §16a; 2001 c.583 §7; renumbered 469B.151 in 2011]
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[Repealed or reserved.]
ORS 469.208 [1993 c.684 §6; renumbered 469B.154 in 2011]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]