299 sections in this chapter.
ORS 469.748 State agencies to conduct assessments of energy use and greenhouse gas emissions of state-owned buildings; planning targets in capital projects; state agency reporting. (1) As used in this section, “state agency” has the meaning given that term in ORS 278.005
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(2)(a) The Oregon Department of Administrative Services, in cooperation with the State Department of Energy, shall develop a methodology and work plan for state agencies to implement a comprehensive assessment of energy use and greenhouse gas emissions of state-owned buildings. A…
ORS 469.750 State purchase of alternative fuels. (1) Any state agency, board, commission, department or division that is authorized to purchase or otherwise acquire fuel for the systems providing heating, air conditioning, lighting and the supply of domestic hot water for public buildings and grounds may enter into long-term contracts for the purchase of alternative fuels. Such contracts may be for terms not longer than 20 years
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(2) As used in this section: (a) “Alternative fuels” includes all fuels other than petroleum, natural gas, coal and products derived therefrom. The term includes, but is not limited to, solid wastes or fuels derived from solid wastes. (b) “Public buildings and grounds” has the me…
ORS 469.752 Definitions for ORS 469.752 to 469.756. As used in ORS 469.752 to 469.756, unless the context requires otherwise
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(1) “Project” means a state agency’s improvement of the efficiency of energy use through conservation, development of cogeneration facilities or use of renewable resources. “Project” does not include a plan of a state agency to improve the efficiency of energy use in a state rent…
ORS 469.754 Authority of state agencies to establish projects; use of savings. (1) State agencies may enter into such contractual and other arrangements as are necessary or convenient to design, develop, operate and finance projects on-site at state owned or state rented facilities
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(2)(a) For as long as a project established under ORS 469.752 to 469.756 produces savings: (A) A state agency’s budget may not be cut because of savings due to the project; and (B) A state agency shall retain 100 percent of the net savings to the state agency after any project de…
ORS 469.756 Rules; technical assistance; evaluations. The State Department of Energy in consultation with other state agencies and utilities shall adopt rules, guidelines and procedures that are necessary to establish savings for projects and to implement other provisions of ORS 469.752 to 469.756. The department may enter into agreements under ORS chapter 190 with state agencies to provide technical assistance in selecting appropriate projects and to evaluate and determine energy and cost savings. [1991 c.487 §3; 2023 c.442 §20]
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Note: See note under 469.752. DESIGNATED STATE AGENCY PROGRAMS FOR ENERGY EFFICIENCY IN BUILDINGS
ORS 469.760 Legislative findings; state goals related to adoption and use of heat pump technologies. (1) The Legislative Assembly finds that
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(a) Energy consumption in residential and commercial buildings accounted for 34 percent of annual greenhouse gas emissions in this state in 2021, according to the Department of Environmental Quality; (b) Space and water heating account for 64 percent of an average residential bui…
ORS 469.763 Definitions related to designated state agency programs. (1) As used in this section and ORS 469.766 and 469.769
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(a) “Designated state agency program” means a program related to the promotion, implementation, incentivization or regulation of energy efficiency in buildings carried out by any of the following state agencies, as determined by the agency by rule or other action: (A) The State D…
ORS 469.766 Biennial report on adoption of heat pump technologies in this state. (1) The State Department of Energy shall submit to the Governor and an interim committee of the Legislative Assembly related to the environment not later than September 15 of each odd-numbered year, beginning in 2025, a report that evaluates the rate of adoption of heat pump technologies among residents of this state and progress the state is making in achieving the state’s greenhouse gas emissions reduction goals. At a minimum, the report must
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(a) Review, using existing studies, market reports, polling data and other publicly available information, the nature and state of the market for heat pump technologies, including the size and dollar value of the market and the variety of available technologies, applications and …
ORS 469.769 Program to reduce barriers to home energy efficiency and resilience. (1) The State Department of Energy shall collaborate with other state agencies described in ORS 469.763 (1)(a) to reduce financial and nonfinancial barriers to home energy efficiency and resilience by
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(a) Providing initial and continuing technical assistance and training in order to build capacity in developers, builders, community-based organizations, homeowners and tenants to conduct renovations and installations of energy efficient technologies, including heat pumps; and (b…
ORS 469.772 Energy Efficient Technologies Information and Training Fund. (1)(a) The Energy Efficient Technologies Information and Training Fund is established in the State Treasury, separate and distinct from the General Fund. Interest that the Energy Efficient Technologies Information and Training Fund earns must be credited to the fund
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(b) Moneys in the fund may be invested and reinvested as provided in ORS 293.701 to 293.857. (2) Moneys in the fund consist of: (a) Appropriations to the State Department of Energy for the purposes described in ORS 469.760 to 469.772; (b) Moneys from federal sources and other mon…
ORS 469.785 [2007 c.739 §31; renumbered 469B.400 in 2011]
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[Repealed or reserved.]
ORS 469.790 [2007 c.739 §5; 2011 c.730 §3; renumbered 469B.403 in 2011]
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[Repealed or reserved.]
ORS 469.800 [1981 c.49 §1; renumbered 469.803 in 1999]
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PACIFIC NORTHWEST ELECTRIC POWER AND CONSERVATION PLANNING COUNCIL
ORS 469.802 Definition for ORS 469.802 to 469.845. As used in ORS 469.802 to 469.845, “council” means the Pacific Northwest Electric Power and Conservation Planning Council. [1999 c.59 §141]
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[Repealed or reserved.]
ORS 469.803 Oregon participation in Pacific Northwest Electric Power and Conservation Planning Council. The State of Oregon agrees to participate in the formation of the Pacific Northwest Electric Power and Conservation Planning Council pursuant to the Pacific Northwest Electric Power Planning and Conservation Act of 1980, Public Law 96-501. Participation of the State of Oregon in the council is essential to assure adequate representation for the citizens of Oregon in decision making to achieve cost-effective energy conservation, to encourage the development of renewable energy resources, to establish a representative regional power planning process, to assure the Pacific Northwest region of an efficient and adequate power supply and to fulfill the other purposes stated in section 2 of Public Law 96-501. [Formerly 469.800]
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[Repealed or reserved.]
ORS 469.805 State members of council; confirmation; qualifications. (1) The Governor, subject to Senate confirmation pursuant to section 4, Article III of the Oregon Constitution, shall appoint two persons to serve as members of the Pacific Northwest Electric Power and Conservation Planning Council for terms of three years
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(2) In making the appointments under subsection (1) of this section, the Governor shall consider but is not limited to: (a) Prior experience, training and education as related to the duties and functions of the council and the priorities contained in section 4 of Public Law 96-50…
ORS 469.810 Conflicts of interest prohibited. (1) A Pacific Northwest Electric Power and Conservation Planning Council member or member of the council member’s household may not own or have any beneficial interest in any stock or indebtedness of any utility or direct service industry
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(2) A council member or a member of the council member’s household may not be a director, officer, agent or employee of any utility or direct service industry. (3) A council member or a member of the council member’s household may not be a director, officer, agent or employee of …
ORS 469.815 Status of members; duties; attendance at public meetings; technical assistance. (1) Persons appointed by the Governor and confirmed by the Senate to serve as Pacific Northwest Electric Power and Conservation Planning Council members shall be considered to be full-time state public officials. Council members shall perform the duties of members of the council as specified in Public Law 96-501, consistently with the priorities contained in section 4 thereof and as otherwise provided in state law
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(2) If public meetings are held in the State of Oregon, pursuant to section 4(g)(1) of Public Law 96-501, council members must either attend the meeting or otherwise become familiar with the nature and content of the meeting. (3) A council member may request, and state agencies s…
ORS 469.820 Term; reappointment; vacancy. (1) Each Pacific Northwest Electric Power and Conservation Planning Council member shall serve a term ending January 15 of the third year following appointment. A council member, except upon removal as provided in ORS 469.830 (2), continues to serve as a member of the council until a successor is appointed and confirmed
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(2) A council member is eligible for reappointment, subject to Senate confirmation, but no member shall serve more than three consecutive terms. A council member who serves 18 months or more of a term shall be considered to have served a full term. However, with respect to the in…
ORS 469.825 Prohibited activities of members. (1) A person who has been a Pacific Northwest Electric Power and Conservation Planning Council member shall not engage in any of the activities prohibited by ORS 469.810 (2) and (3), within one year after ceasing to be a council member
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(2) A person who has been a council member shall not appear as a representative of any party on any matter before the council within three years after ceasing to be a council member. (3) A person who has been a council member shall not represent, aid, counsel, consult or advise f…
ORS 469.830 Removal of members; grounds; procedure. (1) Pacific Northwest Electric Power and Conservation Planning Council members shall serve at the pleasure of the Governor, except as provided in subsection (2) of this section
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(2) The Governor shall remove a council member for the following causes: (a) Failure to attend three consecutive council meetings except for good cause. (b) Conviction of a felony. (c) Violation of ORS chapter 244. (d) Violation of ORS 469.810. (3) Before removal of a council mem…
ORS 469.835 Salary of members; staff. (1) Each Pacific Northwest Electric Power and Conservation Planning Council member shall receive a salary not to exceed the salary of a member of the Public Utility Commission, or the maximum salary authorized under section 4(a)(3) of Public Law 96-501
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(2) Each council member is entitled to appoint one secretarial staff assistant who shall be in the unclassified service. [1981 c.49 §8; 1989 c.171 §64]
ORS 469.840 Northwest Regional Power and Conservation Account; uses. (1) There is established a Northwest Regional Power and Conservation Account. Moneys received pursuant to Public Law 96-501 shall be placed in the account
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(2) The account created by subsection (1) of this section is continuously appropriated for disbursement to state agencies, including but not limited to the Public Utility Commission, the State Department of Energy, the State Department of Fish and Wildlife and the Water Resources…
ORS 469.845 Annual report to Governor and legislature. Pacific Northwest Electric Power and Conservation Planning Council members shall prepare a report which shall be presented to the Governor and to the President of the Senate and the Speaker of the House of Representatives of the Legislative Assembly on October 1 of each year. The report shall include a review of the council’s actions during the prior year. [1981 c.49 §10]
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COMMERCIAL ENERGY CONSERVATION SERVICES PROGRAM
ORS 469.860 Definitions for ORS 469.860 to 469.900. (1) As used in ORS 469.865 to 469.875, 469.900 (1) and (2) and subsection (2) of this section
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(a) “Commercial building” means a public building as defined in ORS 455.560. (b) “Commission” means the Public Utility Commission. (c) “Conservation services” means providing energy audits or technical assistance for energy conservation measures as part of a program approved unde…
ORS 469.863 Gas utility to adopt commercial energy audit program; rules. (1) Within 365 days after November 1, 1981, the Public Utility Commission shall adopt rules governing energy conservation programs provided by gas utilities under this section and may provide for coordination among electric utilities and gas utilities that serve the same commercial building
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(2) Within 180 days after the effective date of the rules adopted by the commission under subsection (1) of this section, each gas utility shall present for the commission’s approval a commercial energy audit program which shall, to the commission’s satisfaction: (a) Make informa…
ORS 469.865 Electric utility to adopt commercial energy conservation services program. (1) Within 180 days after the adoption of the rules by the Public Utility Commission under section 2, chapter 708, Oregon Laws 1981, each electric utility shall present for the commission’s approval a commercial energy conservation services program which shall, to the commission’s satisfaction
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(a) Make information about energy conservation available to any commercial building customer of the electric utility, upon request; (b) Regularly notify all customers in commercial buildings of the availability of the services described in this section; and (c) Provide to any com…
ORS 469.870 Application of ORS 469.865, 469.870 and 469.900 (1) to electric utility. ORS 469.865, 469.900 (1) and this section shall not apply to an electric utility if the Public Utility Commission determines that its existing commercial energy conservation services program meets or exceeds the requirements of those sections. [1981 c.708 §4]
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[Repealed or reserved.]
ORS 469.875 Fee for gas utility audit. The Public Utility Commission shall determine whether the gas utility may charge a reasonable fee to the customer for the energy audit service and, if so, the fee amount. [1981 c.708 §9]
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[Repealed or reserved.]
ORS 469.878 [1991 c.711 §6; 1993 c.18 §123; 1995 c.746 §18a; 1999 c.623 §8; 1999 c.765 §6; renumbered 469B.171 in 2011]
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[Repealed or reserved.]
ORS 469.880 Energy audit program; rules. Each publicly owned utility serving Oregon shall, either independently or as part of an association, provide an energy audit program for its commercial customers. The Director of the State Department of Energy shall adopt rules governing the commercial energy audit program established under this section and may provide for coordination among electric utilities and gas utilities that serve the same commercial building. [1981 c.708 §14; 1987 c.158 §100; 2003 c.186 §49]
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[Repealed or reserved.]
ORS 469.885 Publicly owned utility to adopt commercial energy audit program; fee. (1) Within 180 days after the adoption of rules by the Director of the State Department of Energy under ORS 469.880, each publicly owned utility shall present for the director’s approval a commercial energy audit program that shall, to the director’s satisfaction
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(a) Make information about energy conservation available to any commercial building customer of the publicly owned utility, upon request; (b) Regularly notify all customers in commercial buildings of the availability of the services described in this section; (c) Provide to any c…
ORS 469.890 Publicly owned utility to adopt commercial energy conservation program; fees; rules. (1) Within 365 days after November 1, 1981, the Director of the State Department of Energy shall adopt rules governing energy conservation programs prescribed by ORS 469.895 and 469.900 (3) and this section and may provide for coordination among electric utilities and gas utilities that serve the same commercial building. Within 180 days of the adoption of rules by the director, each covered publicly owned utility shall present for the director’s approval a commercial energy conservation services program that shall, to the director’s satisfaction
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(a) Make information about energy conservation available to all commercial building customers of the covered publicly owned utility, upon request; (b) Regularly notify all customers in commercial buildings of the availability of the services described in this section; and (c) Pro…
ORS 469.895 Application of ORS 469.890 to 469.900 to publicly owned utility. (1) ORS 469.890 and 469.900 (3) and this section apply in any calendar year to a publicly owned utility only if during the second preceding calendar year sales of electric energy by the publicly owned utility for purposes other than resale exceeded 750 million kilowatt-hours. For the purpose of ORS 469.890 and 469.900 (3) and this section, a publicly owned utility with sales for nonresale purposes in excess of 750 million kilowatt-hours during the second preceding calendar year shall be known as a “covered publicly owned utility.”
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(2) ORS 469.890 and 469.900 (3) and this section shall not apply to a covered publicly owned utility if the Director of the State Department of Energy determines that its existing commercial energy conservation services program meets or exceeds the requirements of those sections.…
ORS 469.900 Duty of commission to avoid conflict with federal requirements. (1) The Public Utility Commission shall insure that each electric utility’s commercial energy conservation services program does not conflict with federal statutes and regulations applicable to electric utilities and energy conservation in commercial buildings
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(2) The commission shall insure that each gas utility’s commercial energy conservation services program does not conflict with federal statutes and regulations applicable to gas utilities and energy conservation in commercial buildings. (3) The Director of the State Department of…
ORS 469.930 Northwest Interstate Compact on Low-Level Radioactive Waste Management. The Northwest Interstate Compact on Low-Level Radioactive Waste Management is enacted into law by the State of Oregon and entered into with all other jurisdictions lawfully joining therein in a form as provided for as follows
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______________________________________________________________________________ ARTICLE I Policy and Purpose The party states recognize that low-level radioactive wastes are generated by essential activities and services that benefit the citizens of the states. It is further recog…
ORS 469.935 [1981 c.497 §3; repealed by 1997 c.632 §14]
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POWER COSTS AND RATES
ORS 469.950 Authority to enter into interstate cooperative agreements to control power costs and rates; Bonneville Power Administration. The State of Oregon shall pursue and may enter into an interstate cooperative agreement with the states of Washington, Idaho and Montana for the purpose of making collective efforts to control Bonneville Power Administration wholesale power costs and rates by studying and developing a region-wide response to
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(1) Federal attempts to increase arbitrarily the interest rates on federal funds previously used to build public facilities in the Pacific Northwest. (2) Federal initiatives to sell the Bonneville Power Administration. (3) Bonneville Power Administration rate increase and budget …
ORS 469.960 [2013 c.774 §1; 2014 c.38 §1; repealed by 2017 c.725 §22]
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[Repealed or reserved.]
ORS 469.961 [2013 c.774 §2; repealed by 2017 c.725 §22]
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[Repealed or reserved.]
ORS 469.962 [2013 c.774 §3; 2014 c.38 §2; repealed by 2017 c.725 §22]
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[Repealed or reserved.]
ORS 469.963 [2013 c.774 §4; 2014 c.38 §3; repealed by 2017 c.725 §22]
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[Repealed or reserved.]
ORS 469.964 [2013 c.774 §5; 2014 c.38 §4; repealed by 2017 c.725 §22]
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[Repealed or reserved.]
ORS 469.965 [2013 c.774 §6; 2014 c.38 §5; repealed by 2017 c.725 §22]
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[Repealed or reserved.]
ORS 469.966 [2013 c.774 §7; 2014 c.38 §6; repealed by 2017 c.725 §22]
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PENALTIES
ORS 469.990 Penalties. (1) In addition to any penalties under subsection (2) of this section, a person who discloses confidential information in violation of ORS 469.090, willfully or with criminal negligence, as defined by ORS 161.085, may be subject to removal from office or immediate dismissal from public employment
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(2)(a) Willful disclosure of confidential information in violation of ORS 469.090 is a Class A misdemeanor. Notwithstanding ORS 161.635, the maximum fine for a violation is $10,000. (b) Disclosure of confidential information in violation of ORS 469.090 with criminal negligence, a…
ORS 469.991 [1989 c.926 §40; 1991 c.67 §142; repealed by 1999 c.880 §2]
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[Repealed or reserved.]
ORS 469.992 (1) The Director of the State Department of Energy or the Energy Facility Siting Council may impose civil penalties for violation of ORS 469.300 to 469.619 and 469.930, for violations of rules adopted under ORS 469.300 to 469.619 and 469.930, for violation of any site certificate or amended site certificate issued under ORS 469.300 to 469.601 or for violation of a State Department of Energy order issued pursuant to ORS 469.405 (3). A civil penalty in an amount of not more than $25,000 per day for each day of violation may be assessed
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(2) Subject to ORS 153.022, violation of an order entered pursuant to ORS 469.550 is punishable upon conviction by a fine of $50,000. Each day of violation constitutes a separate offense. (3) A civil penalty in an amount not less than $100 per day nor more than $1,000 per day may…
ORS 469.994 [1981 c.894 §8; 1983 c.346 §5; 1989 c.706 §18; 1989 c.880 §13a; 1991 c.734 §38; 1997 c.534 §13; renumbered 469B.991 in 2011]
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