Title 36A, Housing; Lottery and Games; Environment

(1) Financial assurance may be established by any of the following methods or a combination of these methods acceptable to the Environmental Quality Commission: (a) Evidence of insurance; (b) Surety bond; (c) Qualifications as a self-insurer; or (d) Any other evidence of financia…

(1) The Department of Environmental Quality shall develop an integrated, interagency response plan for oil or hazardous material spills in the Columbia River, the Willamette River up to Willamette Falls and the coastal waters and estuaries of the state, and along high hazard trai…

The plan developed under ORS 468B.495 shall include at a minimum: (1) A compilation of maps and information about the waters of the state including shorelines, access points, critical habitats, shoreline sensitivity, disposal sites, ownership and jurisdictional control over each …

(1) As used in ORS 468B.510 to 468B.525, “bulk oils or liquid fuels terminal” means an industrial facility located in Columbia, Multnomah or Lane County that is primarily engaged in the transport or bulk storage of oils or liquid fuel products and is characterized by having: (a) …

(1) The owner or operator of a bulk oils or liquid fuels terminal shall properly implement a seismic risk mitigation implementation plan that has been approved by the Department of Environmental Quality. A seismic risk mitigation implementation plan must, at a minimum, identify a…

Confidential business information submitted to the Department of Environmental Quality by the owner or operator of a bulk oils or liquid fuels terminal under ORS 468B.510 or 468B.513 is confidential and not subject to public disclosure under ORS 192.311 to 192.478, except that th…

(1) It is an unlawful employment practice for the owner or operator of a bulk oils or liquid fuels terminal to discharge, demote, suspend or in any manner discriminate or retaliate against an employee of the bulk oils or liquid fuels terminal with regard to promotion, compensatio…

The requirements of ORS 468B.510 to 468B.525 do not apply to a bulk oils or liquid fuels terminal to the extent those requirements are preempted by 49 U.S.C. 60101 et seq. [2022 c.99 §3a; 2025 c.2 §30]

(1) The Seismic Risk Mitigation Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Seismic Risk Mitigation Fund shall be credited to the fund. (2) Moneys in the Seismic Risk Mitigation Fund shall consist of: (a) Money ap…

This section and ORS 468B.555 shall be known as the “Willamette Watershed Improvement Trading Act.” [2001 c.758 §1] Note: 468B.550 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 468B or any series therein by legislative action.…

(1) The Department of Environmental Quality shall develop and implement a pollutant reduction trading program as a means of achieving water quality objectives and standards in this state. The department shall develop the program in a manner that complies with state and federal wa…

(1) The Department of Environmental Quality, in coordination with the Oregon Health Authority, shall: (a) Develop and maintain a coordinated state agency harmful algal bloom monitoring and response strategy. (b) Develop a system for the regular monitoring and testing of water bod…

(1) The Legislative Assembly finds and declares that it is the policy of this state to encourage water reuse and to expand opportunities for water reuse in this state in a manner that protects public health and the environment. (2) The Legislative Assembly finds and declares that…

(1) The Department of Environmental Quality shall establish and lead an interagency water reuse team. The Water Resources Department, the Oregon Health Authority, the State Department of Agriculture and the State Department of Fish and Wildlife shall participate in the water reus…

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. …