Title 36A, Housing; Lottery and Games; Environment

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 m…

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, pol…

(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 th…

(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 a…

(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 engag…

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: (1)(a) Is employed or applying for employment by the department; or (b) Provides services or seeks to provid…

(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…

(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. (2) The state energy strategy must be informed, at a minimum, by the following: (a) Stakeholder perspective…

(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. (2) To the extent consistent with the requirements of 42 U.S.C. 6326, the energy security pl…

(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 operati…

(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.…

(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 c…

(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 cons…

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]

(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]

(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…

(1) The State Department of Energy Account is established. (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 t…

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;…

(1) As used in this section: (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 pro…

(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 de…

(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 h…

(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. (2) The departm…

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 reg…

As used in this section and ORS 469.183: (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 …

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: (1) Where appropriate, seek and apply for federal funds for which the stat…

As used in ORS 469.229 to 469.261, unless the context clearly requires otherwise: (1) “À la carte charger” means a battery charger that is individually packaged without batteries, including a multiport charger or a charger with multivoltage capability. (2) “Ballast” means a devic…

The following minimum energy efficiency standards for new products are established: (1) Bottle-type water dispensers or water coolers manufactured on or after January 1, 2022, and included in the scope of the United States Environmental Protection Agency’s “Energy Star Program Re…

(1) Except as provided in subsection (2) of this section, a person may not sell or offer for sale a new bottle-type water dispenser, commercial hot food holding cabinet, compact audio product, digital versatile disc player, digital versatile disc recorder, portable electric spa, …

(1) Except as provided in subsection (2) of this section, a person may not install a new bottle-type water dispenser, commercial hot food holding cabinet, compact audio product, digital versatile disc player, digital versatile disc recorder, portable electric spa, television, ind…

(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,…

(1) The State Department of Energy shall periodically review the minimum energy efficiency standards specified in ORS 469.233. (2)(a) After the review pursuant to subsection (1) of this section and notwithstanding ORS 469.233, the Director of the State Department of Energy may ad…

As used in ORS 469.275 to 469.291: (1)(a) “Agricultural building” means a structure that is used for: (A) Storing, maintaining or repairing farm or forestry machinery and equipment; (B) Raising, harvesting and selling crops or forest products; (C) Feeding, breeding, managing and …

(1)(a) Not later than December 31, 2024, the State Department of Energy, in consultation with the Department of Consumer and Business Services, shall adopt rules that use the American National Standards Institute’s standards for Energy Efficiency in Existing Buildings (ANSI/ASHRA…

(1) An eligible building owner of a tier 1 building shall report to the State Department of Energy concerning the eligible building owner’s compliance with the energy performance standard described in ORS 469.277. The eligible building owner shall submit the report in accordance …

(1) In addition to the energy performance standard the State Department of Energy adopts in accordance with ORS 469.277, the department shall adopt rules to implement ORS 469.275 to 469.279. The rules must: (a) Ensure timely, accurate and complete reporting of compliance with the…

At the request of the State Department of Energy, each county assessor in this state shall provide information from existing records data that the department requires to implement ORS 469.275 to 469.279, including information about covered commercial buildings within the county. …

(1) ORS 469.275 to 469.279 do not require an eligible building owner to take action to comply with ORS 469.275 to 469.279: (a) If the eligible building owner owns a tier 2 building; or (b) Before the State Department of Energy adopts an energy performance standard under ORS 469.2…

(1)(a) Not later than December 31, 2024, the State Department of Energy by rule shall establish a requirement and standards under which eligible building owners of tier 2 buildings must provide to the department data that would enable the department to establish a benchmark for e…

(1) As used in this section, “person” means an individual, corporation, nonprofit corporation, professional corporation, limited liability company, partnership, limited partnership, limited liability partnership, cooperative, business trust, joint venture or other form of busines…

(1) The State Department of Energy by rule shall establish a program to pay incentives to eligible building owners that implement ANSI/ASHRAE/IES Standard 100 or the energy performance standard described in ORS 469.277 for covered commercial buildings before adoption and implemen…

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 469.9…

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…

(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 sh…

(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 …

(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 recommendatio…

(1) The Energy Facility Siting Council shall evaluate each notice of intent, site certificate application or request for expedited review. (2) Pursuant to a written contract or agreement, the council may compensate a state agency or a local government affected by the application …

(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 prop…

(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 turbi…

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 tr…

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 ag…