Title 36A, Housing; Lottery and Games; Environment

(1) Notwithstanding the authority of the Oregon Health Authority pursuant to ORS 453.605 to 453.800 to regulate radiation sources or the requirements of ORS 469.525, the Energy Facility Siting Council may enter into and carry out cooperative agreements with the Secretary of Energ…

(1) Except as provided in subsection (2) of this section and ORS 192.338, 192.345 and 192.355, any information filed or submitted pursuant to ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992 shall be made available for public inspection and copying during regular o…

(1) A person owning and operating a nuclear power plant in this state under a license issued by the United States Nuclear Regulatory Commission or under a site certificate issued under ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992 shall obtain and maintain prope…

(1) In order to provide the private insurance specified under ORS 469.561, an insurer must be authorized to provide or transact insurance in this state. (2) An insurer providing property insurance required under ORS 469.561 (1) to (5) may obtain reinsurance as defined in ORS 731.…

Without prior administrative proceedings, a circuit court may issue such restraining orders, and such temporary and permanent injunctive relief as is necessary to secure compliance with ORS 469.320, 469.405 (3), 469.410, 469.421, 469.430, 469.440, 469.442, 469.507, 469.525 to 469…

(1) The Director of the State Department of Energy or the Energy Facility Siting Council may obtain from any persons all records or information needed to carry out and enforce ORS 469.525, 469.550 (3) and 469.607. In obtaining records or information under this subsection, the dir…

(1) The Legislative Assembly finds and declares that Oregon is not assured that the United States Department of Energy will: (a) Consider the unique features of Oregon and the needs of the people of Oregon when assessing the Hanford Nuclear Reservation as a potentially suitable l…

Nothing in ORS 469.566 to 469.583 shall be interpreted by the federal government or the United States Department of Energy as an expression by the people of Oregon to accept the Hanford Nuclear Reservation as the site for the long-term disposal of high-level radioactive waste. [1…

As used in ORS 469.566 to 469.583: (1) “Board” means the Oregon Hanford Cleanup Board. (2) “High-level radioactive waste” means fuel or fission products from a commercial nuclear reactor after irradiation that is packaged and prepared for disposal. (3) “United States Department o…

There is created an Oregon Hanford Cleanup Board that shall consist of the following members: (1) The Director of the State Department of Energy or designee; (2) The Water Resources Director or designee; (3) A representative of the Governor; (4) One member representing the Confed…

(1) Each member of the Oregon Hanford Cleanup Board shall serve at the pleasure of the appointing authority. For purposes of this subsection, for those members of the board selected by the public advisory committee, the appointing authority shall be the public advisory committee.…

The Oregon Hanford Cleanup Board: (1) Shall serve as the focal point for all policy discussions within the state government concerning the disposal of high-level radioactive waste in the northwest region. (2) Shall recommend a state policy to the Governor and to the Legislative A…

In carrying out its purpose as set forth in ORS 469.573, the Oregon Hanford Cleanup Board shall: (1) Serve as the initial agency in this state to be contacted by the United States Department of Energy or any other federal agency on any matter related to the long-term disposal of …

The chairperson of the Oregon Hanford Cleanup Board shall: (1) Supervise the day-to-day functions of the board; (2) Hire, assign, reassign and coordinate the administrative personnel of the board, prescribe their duties and fix their compensation, subject to the State Personnel R…

(1) If the United States Department of Energy selects the Hanford Nuclear Reservation as the site for the construction of a repository for the long-term disposal of high-level radioactive waste, the Oregon Hanford Cleanup Board shall review the selected site and the site plan pre…

(1) In addition to any other duty prescribed by law and subject to the policy direction of the board, a lead agency designated by the Governor shall negotiate written agreements and modifications to those agreements, with the United States Department of Energy or any other federa…

The Oregon Hanford Cleanup Board shall implement agreements, modifications and technical revisions approved by the agency designated by the Governor under ORS 469.577. In implementing these agreements, modifications and revisions, the board may solicit the views of any appropriat…

The Oregon Hanford Cleanup Board may accept moneys from the United States Department of Energy, other federal agencies, the State of Washington and from gifts and grants received from any other person. Such moneys are continuously appropriated to the board for the purpose of carr…

The Oregon Hanford Cleanup Board may establish any advisory and technical committee it considers necessary. Members of any advisory or technical committee established under this section may receive reimbursement for travel expenses incurred in the performance of their duties in a…

All departments, agencies and officers of this state and its political subdivisions shall cooperate with the Oregon Hanford Cleanup Board in carrying out any of its activities under ORS 469.566 to 469.583 and, at the request of the chairperson, provide technical assistance to the…

In accordance with the applicable provisions of ORS chapter 183, the Oregon Hanford Cleanup Board shall adopt rules and standards to carry out the requirements of ORS 469.566 to 469.583. [1987 c.514 §16] Note: See note under 469.566. (Federal Site Selection)

The Legislative Assembly and the people of the State of Oregon find that: (1) In order to solve the problem of high-level radioactive waste disposal, Congress established a process for selecting two sites for the safe, permanent and regionally equitable disposal of such waste. (2…

In order to achieve complete compliance with federal law and protect the health, safety and welfare of the people of the State of Oregon, the Legislative Assembly, other statewide officials and state agencies shall use all legal means necessary to: (1) Suspend the preliminary sit…

The Legislative Assembly and the people of the State of Oregon find that: (1) The maintenance of healthy, unpolluted river systems, airsheds and land are essential to the economic vitality and well-being of the citizens of the State of Oregon and the Pacific Northwest. (2) Radioa…

The Legislative Assembly and the people of the State of Oregon: (1) Declare that the State of Oregon is unalterably opposed to the use of the Hanford Nuclear Reservation for operations that create more contamination at the Hanford Nuclear Reservation, divert resources from cleanu…

As used in ORS 469.590 to 469.595: (1) “High-level radioactive waste” means spent nuclear fuel or the radioactive by-products from the reprocessing of spent nuclear fuel. (2) “Spent nuclear fuel” means nuclear fuel rods or assemblies which have been irradiated in a power reactor …

The people of this state find that if no permanent repository for high-level radioactive waste is provided by the federal government, the residents of the state may face the undue financial burden of paying for construction of a repository for such wastes. Therefore, the people o…

(1) Notwithstanding the definition of a “waste disposal facility” under ORS 469.300, no high-level radioactive waste should be stored at the site of a nuclear-fueled thermal power plant after the expiration of the operating license issued to the nuclear power plant by the United …

Before issuing a site certificate for a nuclear-fueled thermal power plant, the Energy Facility Siting Council must find that an adequate repository for the disposal of the high-level radioactive waste produced by the plant has been licensed to operate by the appropriate agency o…

(1) Notwithstanding the provisions of ORS 469.370, if the Energy Facility Siting Council finds that the requirements of ORS 469.595 have been satisfied and proposes to issue a site certificate for a nuclear-fueled thermal power plant, the proposal shall be submitted to the electo…

The Public Utility Commission shall not authorize the issuance of stocks, bonds or other evidences of indebtedness to finance any nuclear-fueled thermal power plant pursuant to ORS 757.400 to 757.463 until the Energy Facility Siting Council has made the finding required under ORS…

ORS 469.595 does not prohibit: (1) The Energy Facility Siting Council from receiving and processing applications for site certificates for nuclear-fueled thermal power plants under ORS 469.300 to 469.563, 469.590 to 469.619 and 469.930; or (2) An applicant for a site certificate …

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]

(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…

(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 applica…

(1) After consultation with the Department of Transportation and other appropriate state, local and federal agencies, the Energy Facility Siting Council by rule: (a) May fix requirements for notification, record keeping, reporting, packaging and emergency response; (b) May design…

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: (1) The type and…

Notwithstanding ORS chapter 401: (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 transport…

(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 affe…

(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 i…

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 mater…

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]

(1) It is the policy of the State of Oregon to support ongoing engagement between offshore wind energy developers and: (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;…

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] Note: See note under 469.623. Note: Sections 3 to 6, chapter 31, Oregon Laws 2024, provide: Sec. 3. Offs…

(1) As used in this section: (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 …

As used in ORS 469.631 to 469.645: (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 bank…

Each investor-owned utility shall have an approved residential energy conservation program that, to the Public Utility Commission’s satisfaction: (1) Makes available to all residential customers of the utility information about: (a) Energy conservation measures; and (b) Energy co…

(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 …

(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 t…

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 …