(1) Electricity generated utilizing the following types of energy may be used to comply with a renewable portfolio standard:
(a) Wind energy.
(b) Solar photovoltaic and solar thermal energy.
(c) Wave, tidal and ocean thermal energy.
(d) Geothermal energy.
(2) Except as provided in subsection (3) of this section, electricity generated from biomass and biomass byproducts may be used to comply with a renewable portfolio standard, including but not limited to electricity generated from:
(a) Organic human or animal waste;
(b) Spent pulping liquor;
(c) Forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce uncharacteristic stand replacing wildfire risk;
(d) Wood material from hardwood timber grown on land described in ORS 321.267 (3);
(e) Agricultural residues;
(f) Dedicated energy crops; and
(g) Landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters or municipal solid waste.
(3) Electricity generated from the direct combustion of biomass may not be used to comply with a renewable portfolio standard if any of the biomass combusted to generate the electricity includes:
(a) Municipal solid waste; or
(b) Wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate.
(4) Electricity generated by a hydroelectric facility may be used to comply with a renewable portfolio standard only if:
(a) The facility is located outside any protected area designated by the Pacific Northwest Electric Power and Conservation Planning Council as of July 23, 1999, or any area protected under the federal Wild and Scenic Rivers Act, Public Law 90-542, or the Oregon Scenic Waterways Act, ORS 390.805 to 390.925; or
(b) The electricity is attributable to efficiency upgrades made to the facility on or after January 1, 1995.
(5) Up to 50 average megawatts of electricity per year generated by an electric utility from certified low-impact hydroelectric facilities described in ORS 469A.020 (4) may be used to comply with a renewable portfolio standard, without regard to the number of certified facilities operated by the electric utility or the generating capacity of those facilities. A hydroelectric facility described in this subsection is not subject to the requirements of subsection (4) of this section.
(6) Electricity generated from hydrogen gas derived from any source of energy described in subsections (1) to (5) of this section may be used to comply with a renewable portfolio standard.
(7) If electricity generation employs multiple energy sources, that portion of the electricity generated that is attributable to energy sources described in subsections (1) to (6) of this section may be used to comply with a renewable portfolio standard.
(8) The State Department of Energy by rule may approve energy sources other than those described in this section that may be used to comply with a renewable portfolio standard. The department may not approve petroleum, natural gas, coal or nuclear fission as an energy source that may be used to comply with a renewable portfolio standard. [2007 c.301 §4]
Section: Previous 469A.005 469A.010 469A.020 469A.025 469A.050 469A.052 469A.055 469A.060 469A.065 469A.070 469A.075 469A.100 469A.120 469A.130 469A.135 NextLast modified: August 7, 2008