Oregon Statutes - Chapter 469 - Energy; Conservation Programs; Energy Facilities

469.010 Policy.
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,...
469.020 Definitions.
As used in ORS 176.820, 469.010 to 469.225, 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:...
469.030 State Department of Energy; duties.
(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...
469.040 Director; duties; appointment; rules.
(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...
469.050 Limitations on subsequent employment of director; sanctions.
(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...
469.055 Authority of department to require fingerprints.
For the purpose of requesting a state or nationwide criminal records check under ORS 181.534, the State Department of Energy may require the fingerprints of...
469.060 Comprehensive energy plan; energy pricing structures research.
(1) Every odd-numbered year, the State Department of Energy shall transmit to the Governor and the Legislative Assembly a comprehensive plan including comments on the...
469.070 Energy forecast; contents; fees.
(1) At least biennially the State Department of Energy shall issue a forecast on the energy situation as it affects Oregon. The forecast shall include,...
469.080 Energy resource information; subpoena power; depositions; limitations on obtaining information; protection from abuse.
(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...
469.085 Procedure for imposing civil penalties; rules.
(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...
469.090 Confidentiality of information submitted under ORS 469.080.
(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...
469.095 [1979 c.561 §9; repealed by 1993 c.475 §3]
469.097 Duty to monitor industry progress in energy conservation.
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
469.100 Agency consideration of legislative policy; agency review of rules.
(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...
469.110 Dealings with federal government; intervention by State Department of Energy in agency action.
(1) As to any matter involving the federal government, its departments or agencies, which is within the scope of the power and duties of the...
469.120 State Department of Energy Account; appropriation; record of moneys.
(1) The State Department of Energy Account is established. (2) All funds received by the State Department of Energy pursuant to law shall be paid...
469.130 [1975 c.606 §47; 1977 c.794 §5; 1977 c.891 §10; 1987 c.879 §16; repealed by 1995 c.551 §21]
469.135 Energy Conservation Clearinghouse for Commerce and Industry.
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...
469.140 [1975 c.606 §48; repealed by 1977 c.794 §6]
469.150 Energy suppliers to provide conservation services and information; rules.
(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...
469.155 Advisory energy conservation standards for dwellings; rules.
(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...
469.157 [1981 c.746 §7; repealed by 1995 c.79 §287]
469.160 Definitions for ORS 469.160 to 469.180; rules.
As used in ORS 316.116, 317.115 and 469.160 to 469.180: (1) �Alternative energy device� means a category one alternative energy device or a category two...
469.165 Rules; federal standards.
(1) For the purposes of carrying out ORS 469.160 to 469.180, the State Department of Energy may adopt rules prescribing minimum performance criteria for alternative...
469.170 Claim for tax credits; rules; eligibility; contents; contractor system certification.
(1) Any person may claim a tax credit under ORS 316.116 (or ORS 317.115, if the person is a corporation) if the person: (a) Meets...
469.171 Transfer of tax credit for alternative fuel vehicle; rules.
(1) The owner of an alternative fuel vehicle as defined in ORS 469.160 may transfer a tax credit otherwise allowed under ORS 316.116 for cost...
469.172 Ineligible devices; rules.
The following devices are not eligible for the tax credit under ORS 316.116: (1) Standard efficiency furnaces; (2) Standard back-up heating systems; (3) Woodstoves or...
469.175 [1977 c.196 §5; 1979 c.670 §5; 1981 c.894 §6; 1983 c.346 §3; 1987 c.492 §4; repealed by 1989 c.880 §4 (469.176 enacted in lieu of 469.175)]
469.176 Performance assumptions and prescriptive measures for tax credits.
(1) Except for alternative fuel vehicles or related equipment, in order to carry out ORS 469.160 to 469.180, the State Department of Energy shall develop...
469.180 Forfeiture of tax credits; revocation of contractor certificate; inspection; effect of failure to allow inspection.
(1) Upon the Department of Revenue�s own motion, or upon request of the State Department of Energy, the Department of Revenue may initiate proceedings for...
469.185 Definitions for ORS 469.185 to 469.225 and 469.878; rules.
As used in ORS 469.185 to 469.225 and 469.878: (1) �Alternative fuel vehicle� means a vehicle as defined by the Director of the State Department...
469.190 Policy.
In the interest of the public health, safety and welfare, it is the policy of the State of Oregon to encourage the conservation of electricity,...
469.195 Priority given to certain projects; criteria.
In determining the eligibility of facilities for tax credits, preference shall be given to those projects which: (1) Provide energy savings for real or personal...
469.197 Rules; criteria for high-performance homes, renewable energy systems, combined heat and power facilities and renewable energy resource equipment.
The State Department of Energy shall by rule establish all of the following criteria: (1) For a high-performance home, the minimum design and construction standards...
469.200 Annual limit to cost of facility in granting tax credits.
(1) The total cost of a facility that receives a preliminary certification from the Director of the State Department of Energy for tax credits in...
469.205 Application for preliminary certification; eligibility; contents; fees; rules.
(1) Prior to erection, construction, installation or acquisition of a proposed facility, any person may apply to the State Department of Energy for preliminary certification...
469.206 Transferability of facility tax credit; rules; effect on taxes reported by public utility.
(1) The owner of a facility may transfer a tax credit for the facility in exchange for a cash payment equal to the present value...
469.207 Tax credit for rental housing units; eligibility.
(1) Except as provided in subsection (3) of this section, an applicant under ORS 469.205 (1)(c) shall be eligible for a tax credit for energy...
469.208 Transferability of rental housing unit tax credit; rules.
(1) The owner of a rental housing unit may transfer a tax credit for energy conservation measures installed in rental housing units under ORS 469.207...
469.210 Submission of plans, specifications and contract terms; preliminary certification.
(1) The Director of the State Department of Energy may require the submission of plans, specifications and contract terms, and after examination thereof, may request...
469.215 Final certification; eligibility; application; content.
(1) A final certification may not be issued by the Director of the State Department of Energy under this section unless the facility was acquired,...
469.217 Rules; fees for certification.
By rule and after hearing, the Director of the State Department of Energy may adopt a schedule of reasonable fees which the State Department of...
469.220 Certificate required for tax credits; certification not to exceed five years.
A certificate issued under ORS 469.215 is required for purposes of obtaining tax credits in accordance with ORS 315.354. Such certification shall be granted for...
469.225 Revocation of certificate; forfeiture of tax credits; collection.
(1) Under the procedures for a contested case under ORS chapter 183, the Director of the State Department of Energy may order the revocation of...
469.228 [1989 c.926 §1; 1991 c.67 §134; 1991 c.641 §5; 1993 c.617 §1; repealed by 1999 c.880 §2]
469.229 Definitions for ORS 469.229 to 469.261.
As used in ORS 469.229 to 469.261, unless the context clearly requires otherwise: (1) �Automatic commercial ice cube machine� means a factory-made assembly, not necessarily...
469.230 [1989 c.926 §3; repealed by 1999 c.880 §2]
469.232 [1989 c.926 §§4,10; 1993 c.617 §2; 1997 c.249 §165; 1997 c.632 §9; repealed by 1999 c.880 §2]
469.233 Energy efficiency standards.
The following minimum energy efficiency standards for new products are established: (1)(a) Automatic commercial ice cube machines must have daily energy use and daily water...
469.234 [1989 c.926 §§5,9; 1993 c.617 §4; repealed by 1999 c.880 §2]
469.235 Certain reflector lamps exempt from standards.
The following state-regulated incandescent reflector lamps are exempt from the minimum energy efficiency standards established in ORS 469.233 (8): (1) 50 watt elliptical reflector lamps;...
469.236 [1989 c.926 §6; repealed by 1999 c.880 §2]
469.238 Sale of products not meeting standards prohibited; exemptions.
(1) Except as provided in subsection (2) of this section, a person may not sell or offer for sale a new commercial prerinse spray valve,...
469.239 Installation of products not meeting standards prohibited; exemptions.
(1) Except as provided in subsection (2) of this section, a person may not install a new commercial prerinse spray valve, commercial refrigerator or freezer,...
469.240 [1989 c.926 §§11,12; repealed by 1999 c.880 §2]
469.241 [1993 c.617 §22; repealed by 1999 c.880 §2]
469.242 [1993 c.617 §20; repealed by 1999 c.880 §2]
469.243 [1993 c.617 §21; repealed by 1999 c.880 §2]
469.244 [1989 c.926 §§16,25; repealed by 1993 c.617 §28]
469.245 [1993 c.617 §19; repealed by 1999 c.880 §2]
469.246 [1989 c.926 §§13,18; 1991 c.67 §135; 1993 c.617 §5; repealed by 1999 c.880 §2]
469.247 [1993 c.617 §16; repealed by 1999 c.880 §2]
469.248 [1989 c.926 §39; 1991 c.67 §136; 1993 c.617 §6; repealed by 1999 c.880 §2]
469.249 [1993 c.617 §18; repealed by 1999 c.880 §2]
469.250 [1989 c.926 §§7,8; 1991 c.67 §137; repealed by 1999 c.880 §2]
469.252 [1989 c.926 §§14,15; repealed by 1993 c.617 §28]
469.253 [1993 c.617 §17; repealed by 1999 c.880 §2]
469.254 [1989 c.926 §19; 1993 c.617 §7; 1997 c.838 §6; repealed by 1999 c.880 §2]
469.255 Manufacturers to test products; test methods; certification of products; rules.
(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...
469.256 [1989 c.926 §29; repealed by 1993 c.617 §29]
469.258 [1989 c.926 §20; 1991 c.641 §6; repealed by 1999 c.880 §2]
469.259 [1991 c.641 §2; 1993 c.617 §8; repealed by 1999 c.880 §2]
469.260 [1989 c.926 §21; 1991 c.67 §138; repealed by 1999 c.880 §2]
469.261 Department to review standards; rules; postponement of operative dates of standards; application for waiver of federal preemption.
(1)(a) Notwithstanding ORS 469.233, the State Department of Energy shall periodically review the minimum energy efficiency standards specified in ORS 469.233. (b) After the review...
469.262 [1989 c.926 §24; repealed by 1999 c.880 §2]
469.267 [1989 c.926 §26; 1993 c.617 §9; repealed by 1999 c.880 §2]
469.269 [1989 c.926 §27; 1993 c.617 §10; repealed by 1999 c.880 §2]
469.270 [1989 c.926 §28; 1991 c.67 §139; repealed by 1993 c.617 §29]
469.274 [1989 c.926 §§31,32; 1991 c.641 §7; 1993 c.617 §11; repealed by 1999 c.880 §2]
469.276 [1989 c.926 §33; repealed by 1999 c.880 §2]
469.278 [1989 c.926 §34; repealed by 1999 c.880 §2]
469.280 [1989 c.926 §35; repealed by 1999 c.880 §2]
469.282 [1989 c.926 §36; repealed by 1999 c.880 §2]
469.284 [1989 c.926 §37; repealed by 1999 c.880 §2]
469.286 [1989 c.926 §38; 1991 c.67 §140; 1993 c.617 §12; repealed by 1999 c.880 §2]
469.290 [1989 c.926 §23; 1991 c.641 §8; 1993 c.617 §13; repealed by 1999 c.880 §2]
469.292 [1989 c.926 §22; 1991 c.641 §9; repealed by 1999 c.880 §2]
469.296 [1989 c.926 §17; 1993 c.617 §14; repealed by 1999 c.880 §2]
469.298 [1989 c.926 §2; repealed by 1999 c.880 §2]
469.300 Definitions.
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...
469.310 Policy.
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...
469.320 Site certificate required; exceptions.
(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...
469.330 Notice of intent to file application for site certificate; public notice; standards, application requirements and study requirements; project order; rules.
(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...
469.340 [1975 c.552 §37; 1975 c.606 §26a; repealed by 1981 c.629 §3]
469.350 Application for site certificate; comment and recommendation.
(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...
469.360 Evaluation of site applications; costs; payment.
(1) The Energy Facility Siting Council shall evaluate each site certificate application. As part of its evaluation, the council may commission an independent study by...
469.370 Draft proposed order for hearing; issues raised; final order; expedited processing.
(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...
469.371 [1985 c.569 §5; 1991 c.480 §6; repealed by 1993 c.544 §9]
469.372 [1985 c.569 §14; 1985 c.673 §196; repealed by 1993 c.544 §9]
469.373 Expedited processing for certain natural gas energy facilities.
(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...
469.374 [1985 c.569 §15; repealed by 1993 c.544 §9]
469.375 Required findings for radioactive waste disposal facility certificate.
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...
469.378 Land use compatibility statement for energy facility.
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...
469.380 [Formerly 453.375; 1977 c.794 §12; 1977 c.895 §2; 1993 c.569 §9; repealed by 1995 c.505 §32]
469.390 [Formerly 453.385; repealed by 1993 c.569 §31]
469.400 [Formerly 453.395; 1977 c.794 §13; 1977 c.895 §3; repealed by 1993 c.569 §10 (469.401 and 469.403 enacted in lieu of 469.400)]
469.401 Energy facility site certificate; conditions; effect of issuance on state and local government agencies.
(1) Upon approval, the site certificate or any amended site certificate with any conditions prescribed by the Energy Facility Siting Council shall be executed by...
469.402 Delegation of review of future action required by site certificate.
If the Energy Facility Siting Council elects to impose conditions on a site certificate or an amended site certificate, that require subsequent review and approval...
469.403 Rehearing on approval or rejection of application for site certificate or amendment; appeal; judicial review vested in Supreme Court; stay of order.
(1) Any party to a contested case proceeding may apply for rehearing within 30 days from the date the approval or rejection is served. The...
469.405 Amendment of site certificate; judicial review; exemption; rules.
(1) A site certificate may be amended with the approval of the Energy Facility Siting Council. The council may establish by rule the type of...
469.407 Amendment of application to increase capacity of facility.
(1) A recipient may by amendment of its application for a site certificate or by amendment of its site certificate increase the capacity of the...
469.409 Amendment of site certificate to demonstrate compliance with carbon dioxide emissions standard; binding arbitration to resolve disputes.
Any site certificate holder that is required by its site certificate or by law to demonstrate need for the facility shall instead demonstrate compliance with...
469.410 Energy facility site certificate applications filed or under construction prior to July 2, 1975; conditions of site certificate; monitoring programs.
(1) Any applicant for a site certificate for an energy facility shall be deemed to have met all the requirements of ORS 176.820, 192.501 to...
469.420 [Formerly 453.405; 1977 c.813 §1; 1979 c.234 §1; 1981 c.792 §3; repealed by 1981 c.792 §4 (469.421 enacted in lieu of 469.420)]
469.421 Fees; exemptions; assessment of certain utilities and suppliers; penalty.
(1) Subject to the provisions of ORS 469.441, any person submitting a notice of intent, a request for exemption under ORS 469.320, a request for...
469.430 Site inspections.
The Energy Facility Siting Council has continuing authority over the site for which the site certificate is issued and may inspect, or direct the State...
469.440 Grounds for revocation or suspension of certificates.
Pursuant to the procedures for contested cases in ORS chapter 183, a site certificate or an amended site certificate may be revoked or suspended: (1)...
469.441 Justification of fees charged; judicial review.
(1) All expenses incurred by the Energy Facility Siting Council and the State Department of Energy under ORS 469.360 (1) and 469.421 that are charged...
469.442 Procedure prior to construction of transmission line in excess of 230,000 volts; review committee.
(1) Any person who proposes to construct a transmission line in excess of 230,000 volts capacity that is not otherwise under the jurisdiction of the...
469.445 [1987 c.200 §3; repealed by 1993 c.569 §31]
469.450 Energy Facility Siting Council; appointment; confirmation; term; restrictions.
(1) There is established an Energy Facility Siting Council to be located within the Oregon Department of Administrative Services and consisting of seven public members,...
469.460 Officers; meetings; compensation and expenses.
(1) The Energy Facility Siting Council shall annually elect from among its members a chairperson and vice chairperson with such powers and duties as the...
469.470 Powers and duties; rules.
The Energy Facility Siting Council shall: (1) Conduct and prepare, independently or in cooperation with others, studies, investigations, research and programs relating to all aspects...
469.480 Local government advisory group; special advisory groups; compensation and expenses; Electric and Magnetic Field Committee; rules.
(1) The Energy Facility Siting Council shall designate as a special advisory group the governing body of any local government within whose jurisdiction the facility...
469.490 Adoption of rules; determination of validity.
All rules adopted by the Energy Facility Siting Council pursuant to ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992 shall be adopted in...
469.500 [Formerly 453.505; repealed by 1993 c.569 §21 (469.501, 469.503, 469.505 and 469.507 enacted in lieu of 469.500 and 469.510)]
469.501 Energy facility siting, construction, operation and retirement standards; exemptions.
(1) The Energy Facility Siting Council shall adopt standards for the siting, construction, operation and retirement of facilities. The standards may address but need not...
469.503 Requirements for approval of energy facility site certificate; carbon dioxide emissions standard; offset funds; use of offset funds by qualifying organization; rules.
In order to issue a site certificate, the Energy Facility Siting Council shall determine that the preponderance of the evidence on the record supports the...
469.504 Facility compliance with statewide planning goals; exception; amendment of local plan and land use regulations; conflicts; technical assistance; rules.
(1) A proposed facility shall be found in compliance with the statewide planning goals under ORS 469.503 (4) if: (a) The facility has received local...
469.505 Consultation with other agencies.
(1) In making a determination regarding compliance with statutes, rules and ordinances administered by another agency or compliance with requirements of ORS 469.300 to 469.563...
469.507 Monitoring environmental and ecological effects of construction and operation of energy facilities.
(1) The site certificate holder shall establish programs for monitoring the environmental and ecological effects of the construction and operation of facilities subject to site...
469.510 [Formerly 453.515; 1977 c.794 §15; repealed by 1993 c.569 §21 (469.501, 469.503, 469.505 and 469.507 enacted in lieu of 469.500 and 469.510)]
469.520 Cooperation of state governmental bodies; adoption of rules by state agencies on energy facility development.
(1) Each state agency and political subdivision in this state that is concerned with energy facilities shall inform the State Department of Energy, promptly of...
469.525 Radioactive waste disposal facilities prohibited; exceptions; rules.
Notwithstanding any other provision of this chapter, no waste disposal facility for any radioactive waste shall be established, operated or licensed within this state, except...
469.530 Review and approval of security programs.
The Energy Facility Siting Council and the Director of the State Department of Energy shall review and approve all security programs attendant to a nuclear-fueled...
469.533 State Department of Energy rules for health protection and evacuation procedures in nuclear emergency.
Notwithstanding ORS chapter 401, the State Department of Energy in cooperation with the Department of Human Services and the Office of Emergency Management shall establish...
469.534 County procedures.
Each county in this state that has a nuclear-fueled thermal power plant located within county boundaries and each county within this state that has any...
469.535 Governor may assume control of emergency operations during nuclear accident or catastrophe.
Notwithstanding ORS chapter 401, when an emergency exists because of an accident or catastrophe in the operation of a nuclear power plant or nuclear installation...
469.536 Public utility to disseminate information under ORS 469.533.
A public utility which operates a nuclear power plant or nuclear installation shall disseminate to the governing bodies of cities and counties that may be...
469.540 Reductions or curtailment of operations for violation of safety standards; notice; time period for repairs; transport and disposal of radioactive materials.
(1) In instances where the Director of the State Department of Energy determines either from the monitoring or surveillance of the director that there is...
469.550 Order for halt of plant operations or activities with radioactive material; notice.
(1) Whenever in the judgment of the Director of the State Department of Energy from the results of monitoring or surveillance of operation of any...
469.553 Active uranium mill or mill tailings disposal facility site certification required; procedure for review; fees.
(1) Any person desiring to construct or operate an active uranium mill or uranium mill tailings disposal facility after June 25, 1979, shall file with...
469.556 Rules governing uranium-related activities.
The Energy Facility Siting Council shall adopt rules governing the location, construction and operation of uranium mills and uranium mill tailings disposal facilities and the...
469.559 Cooperative agreements authorized between council and federal officials and agencies; rules; powers of Governor; exception for inactive or abandoned site.
(1) Notwithstanding the authority of the Department of Human Services pursuant to ORS 453.605 to 453.800 to regulate radiation sources or the requirements of ORS...
469.560 Records; public inspection; confidential information.
(1) Except as provided in subsection (2) of this section and ORS 192.501 to 192.505, any information filed or submitted pursuant to ORS 469.300 to...
469.561 Property insurance required; exceptions; filing of policy.
(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...
469.562 Eligible insurers.
(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....
469.563 Court orders for enforcement.
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...
469.565 [1981 c.866 §§3,4; renumbered 469.561 in 1997]
469.566 Legislative findings.
(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...
469.567 [1981 c.866 §5; renumbered 469.562 in 1997]
469.568 Construction of ORS 469.566 to 469.583.
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...
469.569 Definitions for ORS 469.566 to 469.583.
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...
469.570 [Formerly 453.575; 1995 c.505 §23; renumbered 469.563 in 1997]
469.571 Oregon Hanford Cleanup Board; members; appointment.
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...
469.572 Compensation of board members.
(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...
469.573 Purpose of Oregon Hanford Cleanup Board.
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...
469.574 Duties of Oregon Hanford Cleanup Board; coordination with Washington.
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...
469.575 Duties of chairperson of Oregon Hanford Cleanup Board.
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...
469.576 Review of Hanford as site selected for long-term disposal of high-level radioactive waste.
(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...
469.577 Lead agency; agreements with federal agencies related to long-term disposal of high-level radioactive waste.
(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...
469.578 Oregon Hanford Cleanup Board to implement agreements with federal agencies.
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...
469.579 Authority to accept moneys; disbursement of funds; rules.
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...
469.580 [1977 c.296 §13; repealed by 1993 c.569 §31]
469.581 Advisory and technical committees.
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...
469.582 Cooperation with Oregon Hanford Cleanup Board; technical assistance from other state agencies.
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...
469.583 Rules.
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...
469.584 Findings.
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,...
469.585 Activities of state related to selection of high-level radioactive waste disposal site.
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...
469.586 Findings.
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...
469.587 Position of State of Oregon related to operation of Hanford Nuclear Reservation.
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...
469.590 Definitions for ORS 469.590 to 469.595.
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...
469.593 Findings.
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...
469.594 Storage of high-level radioactive waste after expiration of license prohibited; continuing responsibility for storage; implementation agreements.
(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...
469.595 Condition to site certificate for nuclear-fueled thermal power plant.
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...
469.597 Election procedure; elector approval required.
(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...
469.599 Public Utility Commission�s duty.
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...
469.601 Effect of ORS 469.595 on applications and applicants.
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...
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...
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...
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...
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: (a) May...
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...
469.611 Emergency preparedness and response program; radiation emergency response team; training.
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...
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...
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...
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...
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,...
469.621 [1981 c.707 §7; repealed by 1993 c.742 §101]
469.631 Definitions for ORS 469.631 to 469.645.
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...
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: (1) Makes available to all residential customers...
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...
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...
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...
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]
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...
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...
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: (1) The cost to...
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...
469.649 Definitions for ORS 469.649 to 469.659.
As used in ORS 469.649 to 469.659: (1) �Cash payment� means a payment made by the publicly owned utility to the dwelling owner or to...
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...
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...
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...
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
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...
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,...
469.673 Definitions for ORS 469.673 to 469.683.
As used in ORS 469.673 to 469.683: (1) �Cash payment� means a payment made by the State Department of Energy to the dwelling owner or...
469.675 Oil dealer program.
Within 30 days after November 1, 1981, each fuel oil dealer shall submit for the approval of the Director of the State Department of Energy...
469.677 Contracts for information, assistance and technical advice; standards for energy audits.
(1) The Director of the State Department of Energy shall contract and a fuel oil dealer may rely upon the director to contract for the...
469.679 Implementation by fuel dealer.
After the Director of the State Department of Energy has approved the residential energy conservation program of a fuel oil dealer required by ORS 469.675,...
469.681 Petroleum supplier assessment; computation; effect of failure to pay; interest.
(1) Each petroleum supplier shall pay to the State Department of Energy annually its share of an assessment to fund: (a) Information, assistance and technical...
469.683 Oil-Heated Dwellings Energy Audit Account.
(1) There is established, separate and distinct from the General Fund, the Oil-Heated Dwellings Energy Audit Account. Moneys deposited in the account under subsections (2)...
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...
469.687 Title for ORS 469.631 to 469.687.
ORS 316.744, 317.386 and 469.631 to 469.687 shall be known as the Oregon Residential Energy Conservation Act. [1981 c.778 §1; 2003 c.46 §52] ENERGY CONSERVATION...
469.700 Energy efficiency ratings; public information; �single family residence� defined.
(1) The Residential Structures Board, after public hearing, shall adopt a recommended voluntary energy efficiency rating system for single family residences and provide the State...
469.710 Definitions for ORS 469.710 to 469.720.
As used in ORS 469.710 to 469.720, unless the context requires otherwise: (1) �Annual rate� means the yearly interest rate specified on the note, and...
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...
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...
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...
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...
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...
469.735 Definitions for ORS 469.730 to 469.745.
As used in ORS 469.730 to 469.745, unless the context requires otherwise: (1) �Department� means the Department of Consumer and Business Services. (2) �Director� means...
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 and the State Department of Energy, the Director of the...
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...
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,...
469.752 Definitions for ORS 469.752 to 469.756.
As used in ORS 469.752 to 469.756, unless the context requires otherwise: (1) �Project� means a state agency�s improvement of the efficiency of energy use...
469.754 Authority of state agencies to establish projects; use of savings; rules.
(1) State agencies are authorized to enter into such contractual and other arrangements as may be necessary or convenient to design, develop, operate and finance...
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...
469.785 Fuel blends and solid biofuels; qualification for tax credits; rules.
The State Department of Energy shall by rule identify categories of fuel blend and solid biofuel that qualify for the personal income tax credit allowed...
469.790 Biomass; eligibility for tax credits.
To be eligible for the tax credit under ORS 315.141, the biomass must be produced or collected in Oregon as a feedstock for bioenergy or...
469.800 [1981 c.49 §1; renumbered 469.803 in 1999]
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]
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...
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...
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...
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...
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...
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...
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...
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...
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. (2)...
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...
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: (a) �Commercial building� means a public building...
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...
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...
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...
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...
469.878 Alternative fuels program.
(1) An investor-owned utility may offer cash payments to assist the utility�s commercial and industrial customers in purchasing a facility as defined in ORS 469.185,...
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...
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...
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...
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...
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...
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...
469.935 [1981 c.497 §3; repealed by 1997 c.632 §14]
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...
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...
469.991 [1989 c.926 §40; 1991 c.67 §142; repealed by 1999 c.880 §2]
469.992 Civil penalties.
(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...
469.994 Civil penalty when contractor certificate revoked.
(1) The Director of the State Department of Energy may impose a civil penalty against a contractor if a contractor certificate is revoked under ORS...

Last modified: August 7, 2008