299 sections in this chapter.
ORS 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]
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[Repealed or reserved.]
ORS 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
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(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 t…
ORS 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
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(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 Transporta…
ORS 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
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(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 tra…
ORS 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
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(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]
ORS 469.611 Emergency preparedness and response program; radiation emergency response team; training. Notwithstanding ORS chapter 401
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(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 appro…
ORS 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
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(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 ru…
ORS 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
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(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…
ORS 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
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(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 outstandin…
ORS 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]
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[Repealed or reserved.]
ORS 469.621 [1981 c.707 §7; repealed by 1993 c.742 §101]
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(Offshore Wind Energy) Note: Section 1, chapter 376, Oregon Laws 2021, provides: Sec. 1. Legislative findings about offshore wind energy. (1) The Legislative Assembly finds that: (a) Oregon offshore wind holds tremendous potential and promise for this state to diversify its energ…
ORS 469.623 State policy; offshore wind energy; offshore energy. (1) It is the policy of the State of Oregon to support ongoing engagement between offshore wind energy developers and
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(a) The Southwestern Oregon Workforce Investment Board; (b) The Oregon International Port of Coos Bay; (c) The Port of Brookings Harbor; (d) The Port of Newport; (e) The Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians, the Coquille Indian Tribe and other Indian trib…
ORS 469.626 Rulemaking authority. The Land Conservation and Development Commission may exercise its rulemaking authority under ORS 197.040 to support the state policies described in ORS 469.623. [2024 c.31 §9]
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Note: See note under 469.623. Note: Sections 3 to 6, chapter 31, Oregon Laws 2024, provide: Sec. 3. Offshore Wind Roadmap; standards; outreach; rules. (1) The Department of Land Conservation and Development shall develop an Offshore Wind Roadmap that defines standards to be consi…
ORS 469.629 Contract labor standards for offshore wind energy and port development projects; workforce development agreement; use of public moneys; compliance; rules. (1) As used in this section
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(a) “Covered project” means: (A) An offshore wind energy project. (B) A port development project necessary for the development of an offshore wind energy project. (C) A project related to manufacturing or supply chain that is located on port property and facilitates the construct…
ORS 469.631 Definitions for ORS 469.631 to 469.645. As used in ORS 469.631 to 469.645
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(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…
ORS 469.633 Investor-owned utility program. Each investor-owned utility shall have an approved residential energy conservation program that, to the Public Utility Commission’s satisfaction
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(1) Makes available to all residential customers of the utility information about: (a) Energy conservation measures; and (b) Energy conservation measure financing available to dwelling owners. (2) Provides within 60 days of a request by a residential customer or a dwelling owner,…
ORS 469.634 Contributions for urban and community forest activities by customers of investor-owned utilities; rules; uses. (1) The Public Utility Commission of Oregon by rule shall establish a system to allow customers of investor-owned utilities to voluntarily contribute an amount that is to be used for urban and community forest activities within the area served by the utility. The amount shall be in addition to the customer’s utility bill. Investor-owned utilities may choose to use the system established by the commission
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(2) The utility shall pay to the State Forester the amount designated under subsection (1) of this section. The State Forester shall deposit the moneys collected under this section into the Urban and Community Forestry Subaccount established under ORS 526.060. (3) The State Fores…
ORS 469.635 Alternative program of investor-owned utilities. (1) An investor-owned utility may meet the program submission requirements of ORS 469.633 by submitting only the portions of its residential energy conservation program that are added to or revised in its program approved under section 4, chapter 889, Oregon Laws 1977, in order to make that earlier program fulfill the requirements of ORS 469.633
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(2) An investor-owned utility shall offer a dwelling owner a financing program for cost-effective energy conservation measures that includes the option of a cash payment or a loan unless the investor-owned utility offers another financing program determined by the Public Utility …
ORS 469.636 Additional financing program by investor-owned utility for rental dwelling. In addition to the residential energy conservation program approved under ORS 469.633, an investor-owned utility may offer an additional financing program for energy conservation measures for a dwelling owner who rents the dwelling to a tenant whose dwelling unit receives energy for space heating from the investor-owned utility. The financing program may consist, at a minimum, of either of the following
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(1) Offering low-interest loans to fund the entire cost of installed energy conservation measures up to $5,000 per dwelling unit. In addition to the loan subsidy provided under ORS 469.633 (3), the loan shall be further subsidized by applying the present value to the public utili…
ORS 469.637 Energy conservation part of utility service of investor-owned utility. The provision of energy conservation measures to a dwelling shall be considered part of the utility service rendered by the investor-owned utility. [1981 c.778 §4]
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[Repealed or reserved.]
ORS 469.639 Billing for energy conservation measures. (1) Except as provided in subsection (2) of this section, the Public Utility Commission may require as part of an investor-owned utility residential energy conservation program that, for dwelling owners with approved credit, the utility add to the periodic utility bill for the owner-occupied dwelling for which energy conservation measures have been provided pursuant to ORS 469.631 to 469.645 an amount agreed to between the dwelling owner and the investor-owned utility
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(2) The commission shall allow an investor-owned utility to charge or bill a dwelling owner separately from the periodic utility bill for energy conservation measures provided pursuant to ORS 469.631 to 469.645 if that utility wishes to do so. [1981 c.778 §5]
ORS 469.641 Conditions for cash payments to dwelling owner by investor-owned utility. Except as provided in section 31, chapter 778, Oregon Laws 1981, an investor-owned utility shall not make a cash payment to a dwelling owner for energy conservation measures unless
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(1) The measures were provided in the dwelling on or after November 1, 1981; and (2) The measures will not be paid for with other investor-owned utility grants or loans. [1981 c.778 §6; 1991 c.877 §39]
ORS 469.643 Formula for customer charges; rules. The Public Utility Commission shall adopt by rule a formula under which the investor-owned utility shall charge all customers to recover
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(1) The cost to the investor-owned utility of the services required to be provided under ORS 469.633; and (2) Any bad debts, including casualty losses, attributable to dwelling owner default on a loan for energy conservation measures. [1981 c.778 §8]
ORS 469.645 Implementation of program by investor-owned utility. After the Public Utility Commission has approved the residential energy conservation program of an investor-owned utility required by ORS 469.633, the investor-owned utility promptly shall implement that program. [1981 c.778 §9]
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(Publicly Owned Utilities)
ORS 469.649 Definitions for ORS 469.649 to 469.659. As used in ORS 469.649 to 469.659
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(1) “Cash payment” means a payment made by the publicly 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…
ORS 469.651 Publicly owned utility program. Within 30 days after November 1, 1981, each publicly owned utility shall submit to the Director of the State Department of Energy a residential energy conservation program that
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(1) Makes available to all residential customers of the utility information about: (a) Energy conservation measures; and (b) Energy conservation measure financing available to dwelling owners. (2) Provides within 60 days of a request by a residential customer of the publicly owne…
ORS 469.652 Contributions for urban and community forest activities by customers of publicly owned utilities; rules; uses. (1) Publicly owned utilities may establish a system to allow customers of publicly owned utilities to voluntarily contribute an amount that is to be used for urban and community forest activities within the area served by the utility. The amount shall be in addition to the customer’s utility bill
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(2) The utility shall pay to the State Forester the amount designated under subsection (1) of this section. The State Forester shall deposit the moneys collected under this section into the Urban and Community Forestry Subaccount established under ORS 526.060. (3) The State Fores…
ORS 469.653 Alternative program of publicly owned utility. (1) A publicly owned utility may meet the program submission requirements of ORS 469.651 by submitting only the portions of its residential energy conservation program that are added to or revised in its program approved under section 4, chapter 887, Oregon Laws 1977, in order to make that earlier program fulfill the requirements of ORS 469.651
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(2) A publicly owned utility shall offer a dwelling owner a financing program for cost-effective energy conservation measures that includes the option of a cash payment or a loan unless the publicly owned utility offers another financing program that meets or exceeds the program …
ORS 469.655 Energy conservation as part of utility service of publicly owned utility. The provision of energy conservation measures to a dwelling shall be considered part of the utility service rendered by the publicly owned utility. [1981 c.778 §12]
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[Repealed or reserved.]
ORS 469.657 Conditions for cash payments to dwelling owner by publicly owned utility. Except as provided in section 31, chapter 778, Oregon Laws 1981, a publicly owned utility shall not make a cash payment to a dwelling owner for energy conservation measures unless
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(1) The measures were provided in the dwelling on or after November 1, 1981. (2) The measures will not be paid for with other publicly owned utility grants or loans. [1981 c.778 §13; 1991 c.877 §40]
ORS 469.659 Implementation of program by publicly owned utility. After the publicly owned utility has submitted to the Director of the State Department of Energy the residential energy conservation program required by ORS 469.651, the publicly owned utility promptly shall implement that program. [1981 c.778 §15]
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[Repealed or reserved.]
ORS 469.673 [1981 c.778 §16; 1987 c.749 §8; 1989 c.648 §68; 1995 c.551 §15; 2003 c.186 §43; 2017 c.727 §9; renumbered 456.594 in 2017]
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[Repealed or reserved.]
ORS 469.675 [1981 c.778 §17; repealed by 2017 c.727 §8]
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[Repealed or reserved.]
ORS 469.677 [1981 c.778 §18; 2003 c.186 §44; repealed by 2017 c.727 §8]
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[Repealed or reserved.]
ORS 469.679 [1981 c.778 §19; repealed by 2017 c.727 §8]
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[Repealed or reserved.]
ORS 469.681 [1981 c.778 §23; 1983 c.273 §3; 1987 c.450 §3; 1989 c.88 §6; 1993 c.434 §1; 1993 c.569 §29; 1995 c.79 §289; 2003 c.186 §45; 2009 c.11 §68; 2017 c.727 §10; renumbered 456.595 in 2017]
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[Repealed or reserved.]
ORS 469.683 [1981 c.778 §§24,25; 1989 c.966 §55; 1993 c.434 §2; 2003 c.186 §46; 2017 c.727 §11; renumbered 456.597 in 2017]
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(Miscellaneous)
ORS 469.685 Use of earlier energy audit. A dwelling owner served by an investor-owned utility, as defined in ORS 469.631, or a publicly owned utility, as defined in ORS 469.649, who applies for financing under the provisions of ORS 316.744, 317.386, 456.594 to 456.599 and 469.631 to 469.687, may use without obtaining a new energy audit an energy audit obtained from an energy supplier under chapter 887, Oregon Laws 1977, or a public utility under chapter 889, Oregon Laws 1977, before November 1, 1981. [1981 c.778 §30; 2003 c.46 §51]
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[Repealed or reserved.]
ORS 469.687 Title for ORS 456.594 to 456.599 and 469.631 to 469.687. ORS 316.744, 317.386, 456.594 to 456.599 and 469.631 to 469.687 shall be known as the Oregon Residential Energy Conservation Act. [1981 c.778 §1; 2003 c.46 §52]
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ENERGY CONSERVATION PROGRAMS (Single Family Residence)
ORS 469.700 Energy efficiency ratings; public information; “single family residence” defined. (1) The Residential and Manufactured Structures Board or the Construction Industry Energy Board, after public hearing and subject to the approval of the Director of the Department of Consumer and Business Services, shall adopt a recommended voluntary energy efficiency rating system for single family residences and provide the State Department of Energy with a copy thereof
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(2) The rating system shall provide a single numerical value or other simple concise means to measure the energy efficiency of any single family residence, taking into account factors including, but not limited to, the heat loss characteristics of ceilings, walls, floors, windows…
ORS 469.703 Home energy performance score system; home energy assessors; reports; database; rules. (1) As used in this section
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(a) “Home energy assessor” has the meaning given that term in ORS 701.527. (b) “Home energy audit” means the evaluation or testing of components or systems in a residential building for the purpose of identifying options for increasing energy conservation and energy efficiency. (…
ORS 469.710 Definitions for ORS 469.710 to 469.720. As used in ORS 469.710 to 469.720, unless the context requires otherwise
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(1) “Annual rate” means the yearly interest rate specified on the note, and is not the annual percentage rate, if any, disclosed to the applicant to comply with the federal Truth in Lending Act. (2) “Commercial lending institution” means any bank, mortgage banking company, trust …
ORS 469.715 Low interest loans for cost-effective energy conservation; rate. (1) Dwelling owners who are or who rent to residential fuel oil customers, or who are or who rent to wood heating residents, shall be eligible for low-interest loans for cost-effective energy conservation measures through commercial lending institutions
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(2) The annual rate shall not exceed six and one-half percent annually for loans provided by commercial lending institutions to dwelling owners who are or who rent to residential fuel oil customers, or who are or who rent to wood heating residents for the purpose of financing ene…
ORS 469.717 When installation to be completed. (1) Installation of the energy conservation measures must be completed within 90 days after receipt of loan funds. The State Department of Energy may provide an inspection at the owner’s request
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(2) Notwithstanding the provisions of subsection (1) of this section, the department may inspect installation of energy conservation measures to verify that all loan or other state subsidy funds have been used for energy conservation measures recommended in the audit, that instal…
ORS 469.719 Eligibility of lender for tax credit not affected by owner’s failure. Eligibility of the lender for any tax credit under ORS 317.112 shall not be affected by any dwelling owner’s failure to use the loan for qualifying energy conservation measures. [1987 c.749 §4]
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[Repealed or reserved.]
ORS 469.720 Energy audit required; permission to inspect required; owner not to receive other incentives. (1) A dwelling owner who is or who rents to a residential fuel oil customer, or who is or who rents to a wood heating resident, may not apply for low-interest financing under ORS 469.710 to 469.720 unless
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(a) The dwelling owner, customer or resident has first requested and obtained an energy audit from a fuel oil dealer, a publicly owned utility or an investor-owned utility or from a person under contract with the State Department of Energy under ORS 316.744, 317.111, 317.386, 456…
ORS 469.730 Declaration of purpose. It is the purpose of ORS 469.730 to 469.745 to promote voluntary measures to conserve energy in public buildings or groups of buildings constructed prior to January 1, 1978, through the adoption of energy conservation standards. [1977 c.853 §1]
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[Repealed or reserved.]
ORS 469.735 Definitions for ORS 469.730 to 469.745. As used in ORS 469.730 to 469.745, unless the context requires otherwise
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(1) “Department” means the Department of Consumer and Business Services. (2) “Director” means the Director of the Department of Consumer and Business Services. (3) “Public building” means any publicly or privately owned building constructed prior to January 1, 1978, including the…
ORS 469.740 Rules establishing energy conservation standards for public buildings; bases. In accordance with ORS chapter 183 and after consultation with the Building Codes Structures Board or with the Construction Industry Energy Board, the Director of the Department of Consumer and Business Services shall adopt rules establishing energy conservation standards for public buildings. The standards shall provide means of measuring and reducing total energy consumption and shall take into account
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(1) The climatic conditions of the areas in which particular buildings are located; and (2) The three basic systems comprising any functioning building, which are: (a) Energized systems such as those required for heating, cooling, lighting, ventilation, conveyance and business eq…
ORS 469.745 Voluntary compliance program. To provide the public with a guide for energy conservation, the Director of the State Department of Energy shall adopt a program for voluntary compliance by the public with the standard adopted by the Director of the Department of Consumer and Business Services under ORS 469.740. [1977 c.853 §4; 1987 c.414 §155]
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[Repealed or reserved.]