2021 Oregon Revised Statutes
Chapter 469 - Energy; Conservation Programs; Energy Facilities
Section 469.030 - State Department of Energy; duties.


(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 the public about energy problems and ways in which the public can conserve energy resources;
(c) Engage in research, but whenever possible, contract with appropriate public or private agencies and dispense funds for research projects and other services related to energy resources, except that the State Department of Energy shall endeavor to avoid duplication of research whether completed or in progress;
(d) Qualify for, accept and disburse or utilize any private or federal moneys or services available for the administration of ORS 176.820, 192.338, 192.345, 192.355, 192.690, 469.010 to 469.155, 469.300 to 469.563, 469.990, 757.710 and 757.720;
(e) Administer federal and state energy allocation and conservation programs and energy research and development programs and apply for and receive available funds therefor;
(f) Be a clearinghouse for energy research to which all agencies shall send information on all energy related research;
(g) Prepare contingent energy programs to include all forms of energy not otherwise provided pursuant to ORS 757.710 and 757.720;
(h) Maintain an inventory of energy research projects in Oregon and the results thereof;
(i) Collect, compile and analyze energy statistics, data and information;
(j) Contract with public and private agencies for energy activities consistent with ORS 469.010 and this section;
(k) Upon request of the governing body of any affected jurisdiction, coordinate a public review of a proposed transmission line according to the provisions of ORS 469.442; and
(L) Advise the Governor on energy-related matters. [1975 c.606 §4; 1981 c.792 §2; 1987 c.200 §4; 1993 c.569 §2; 1995 c.551 §3; 1999 c.934 §5; 1999 c.1043 §9; 2003 c.186 §1; 2013 c.656 §7]
Note: Sections 1 to 3, chapter 376, Oregon Laws 2021, provide:
Sec. 1. Legislative findings about offshore wind energy. (1) The Legislative Assembly finds that:
(a) Oregon offshore wind holds tremendous potential and promise for this state to diversify its energy portfolio.
(b) Oregon has an opportunity to participate in a growing global market by contributing to the development of the nascent offshore wind energy supply chain.
(c) An intergovernmental task force led by the Bureau of Ocean Energy Management has reengaged and is expected to reveal offshore wind call areas in 2021 for the development of floating offshore wind energy within the federal waters off the Oregon coast.
(d) Oregon has an opportunity to participate in holistic west coast planning for the strategic integration of floating offshore wind energy within the next decade and to position itself for potential market expansion thereafter.
(e) The Department of Land Conservation and Development has an established role as the lead state agency coordinating with the federal process for floating offshore wind development and, as the lead agency of the federally approved Oregon Coastal Management Program, the department implements the state’s federal consistency authority pursuant to the Coastal Zone Management Act of 1972 and associated federal regulations. The department implements federal consistency review by evaluating federal activities for compliance with state enforceable policies and their reasonably foreseeable effects to coastal uses and resources of the Oregon coastal zone, and the department will coordinate with networked agency and local government partners to evaluate floating offshore wind development activities for consistency with the Oregon Coastal Management Program.
(f) The Oregon Business Development Department has established a leadership role in facilitating attracting the floating offshore wind energy industry to this state and in facilitating floating offshore wind energy supply chain development.
(g) Understanding the impacts, benefits, opportunities and barriers of floating offshore wind energy with respect to Oregon’s fishing communities, ocean and shore-side recreational users, tribes, ports, coastal ecosystems, natural resources, manufacturing industry, maritime sector, disaster recovery planning, workforce development and electricity ratepayers can maximize the benefits to this state, while minimizing the conflicts between floating offshore wind energy, the ocean ecosystem and ocean users.
(h) Defining a pathway for Oregon to take advantage to the fullest extent possible of the federal offshore wind investment tax credit and other federal infrastructure investment programs that could benefit Oregon’s ports and transmission system can facilitate immediate economic investments as well as long term ratepayer savings.
(i) Understanding the feasibility of using offshore wind as a clean power source for the future in-state generation of renewable fuel such as renewable hydrogen will strengthen state and regional energy decarbonization planning scenarios.
(j) Investigating potential mechanisms to integrate floating offshore wind energy into Oregon’s future energy mix will strengthen state and regional energy decarbonization strategies.
(2) In furtherance of the findings set forth in subsection (1) of this section, the Legislative Assembly finds and declares that:
(a) It is the goal of this state to plan for the development of up to three gigawatts of floating offshore wind energy projects within the federal waters off the Oregon coast by 2030;
(b) It is further the goal of this state that the planning described in this subsection be conducted in a manner that will maximize benefits to this state while minimizing conflicts between floating offshore wind energy, the ocean ecosystem and ocean users; and
(c) Consistent with applicable federal law, it shall be the policy position of the State of Oregon that:
(A) Any federal planning or permitting process for offshore energy research and development in federal waters off the Oregon coast and for any related transmission and other facilities, particularly those that transverse Oregon’s territorial sea, shall adequately consider the prompt decommissioning of any offshore facility after permanent cessation of use of the facility; and
(B) Adequate consideration as described in this paragraph must include consideration of the removal or decommissioning of anchors, cables and any other equipment related to the facility in a manner that will serve to avoid future conflicts between the equipment and fishing operations conducted by persons who hold licenses issued pursuant to the commercial fishing laws. [2021 c.376 §1]
Sec. 2. Review on benefits and challenges of offshore wind energy. (1) The State Department of Energy shall conduct a literature review on the benefits and challenges of integrating up to three gigawatts of floating offshore wind energy into Oregon’s electric grid by 2030.
(2) In addition to conducting the literature review required by this section, the State Department of Energy shall:
(a) Gather input and consult with other interested or appropriate state, regional and national entities, including but not limited to the Department of Land Conservation and Development, the Oregon Business Development Department, the State Department of Fish and Wildlife, the Public Utility Commission, the Northwest Power and Conservation Council, the Bonneville Power Administration, the Bureau of Ocean Energy Management, the National Renewable Energy Laboratory, the United States Department of Defense and the Pacific Northwest National Laboratory, on the effects, including benefits and challenges, of integrating up to three gigawatts of floating offshore wind energy on reliability, state renewable energy goals, jobs, equity and resilience; and
(b) Hold no less than two public remote meetings with interested stakeholders to provide a summary of the literature review and consultation required by this section and to gather feedback from stakeholders on the benefits and challenges of integrating up to three gigawatts of floating offshore wind energy into Oregon’s electric grid.
(3) The State Department of Energy shall provide a summary of the key findings from the literature review and consultation required by this section, including opportunities for future study and engagement, in a report and in the manner provided by ORS 192.245, to the appropriate interim committees of the Legislative Assembly no later than September 15, 2022. [2021 c.376 §2]
Sec. 3. Section 2 of this 2021 Act is repealed on January 2, 2023. [2021 c.376 §3]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 13 - Housing, Games, Environment

Chapter 469 - Energy; Conservation Programs; Energy Facilities

Section 469.010 - Policy.

Section 469.020 - Definitions.

Section 469.030 - State Department of Energy; duties.

Section 469.040 - Director; duties; appointment; rules.

Section 469.050 - Limitations on subsequent employment of director; sanctions.

Section 469.055 - Authority of department to require fingerprints.

Section 469.059 - Biennial comprehensive report; contents; compilation; public comment.

Section 469.080 - Energy resource information; subpoena power; depositions; limitations on obtaining information; protection from abuse.

Section 469.085 - Procedure for imposing civil penalties; rules.

Section 469.090 - Confidentiality of information submitted under ORS 469.080.

Section 469.100 - Agency consideration of legislative policy; agency review of rules.

Section 469.110 - Dealings with federal government; intervention by State Department of Energy in agency action.

Section 469.120 - State Department of Energy Account; appropriation; record of moneys.

Section 469.135 - Energy Conservation Clearinghouse for Commerce and Industry.

Section 469.137 - Biogas and renewable natural gas inventory; contents; use; advisory committee.

Section 469.150 - Energy suppliers to provide conservation services and information; rules.

Section 469.155 - Advisory energy conservation standards for dwellings; rules.

Section 469.229 - Definitions for ORS 469.229 to 469.261.

Section 469.233 - Energy efficiency standards.

Section 469.238 - Sale of products not meeting standards prohibited; exemptions.

Section 469.239 - Installation of products not meeting standards prohibited; exemptions.

Section 469.255 - Manufacturers to test products; test methods; certification of products; rules.

Section 469.261 - Department to review standards; rules; postponement of operative dates of standards; application for waiver of federal preemption.

Section 469.300 - Definitions.

Section 469.320 - Site certificate required; exceptions.

Section 469.330 - Notice of intent to file application for site certificate; public notice; standards, application requirements and study requirements; project order; rules.

Section 469.350 - Application for site certificate; comment and recommendation.

Section 469.360 - Evaluation of notice of intent, site application or expedited review request; costs; payment.

Section 469.370 - Draft proposed order for hearing; issues raised; final order; expedited processing.

Section 469.373 - Expedited processing for certain natural gas energy facilities.

Section 469.375 - Required findings for radioactive waste disposal facility certificate.

Section 469.378 - Land use compatibility statement for energy facility.

Section 469.401 - Energy facility site certificate; conditions; effect of issuance on state and local government agencies.

Section 469.402 - Delegation of review of future action required by site certificate.

Section 469.403 - Rehearing on approval or rejection of application for site certificate or amendment; appeal; judicial review vested in Supreme Court; stay of order.

Section 469.405 - Amendment of site certificate; judicial review; exemption; rules.

Section 469.407 - Amendment of application to increase capacity of facility.

Section 469.409 - Amendment of site certificate to demonstrate compliance with carbon dioxide emissions standard; binding arbitration to resolve disputes.

Section 469.410 - Energy facility site certificate applications filed or under construction prior to July 2, 1975; conditions of site certificate; monitoring programs.

Section 469.413 - Power generation from fossil fuels; requirements for new and amended site certificates.

Section 469.421 - Fees; exemptions; assessment of certain utilities and suppliers; penalty.

Section 469.424 - Energy resource suppliers; notice regarding comments in proceedings; rules.

Section 469.426 - Advisory group; energy resource suppliers.

Section 469.430 - Site inspections; compliance reviews.

Section 469.440 - Grounds for revocation or suspension of certificates.

Section 469.441 - Justification of fees charged; judicial review.

Section 469.442 - Procedure prior to construction of transmission line in excess of 230,000 volts; review committee.

Section 469.450 - Energy Facility Siting Council; appointment; confirmation; term; restrictions.

Section 469.460 - Officers; meetings; compensation and expenses.

Section 469.470 - Powers and duties; rules.

Section 469.480 - Local government advisory group; special advisory groups; compensation and expenses; Electric and Magnetic Field Committee; rules.

Section 469.501 - Energy facility siting, construction, operation and retirement standards; exemptions; rules.

Section 469.503 - Requirements for approval of energy facility site certificate; carbon dioxide emissions standard; offset funds; use of offset funds by qualifying organization; rules.

Section 469.504 - Facility compliance with statewide planning goals; exception; amendment of local plan and land use regulations; conflicts; technical assistance; rules.

Section 469.505 - Consultation with other agencies.

Section 469.507 - Monitoring environmental and ecological effects of construction and operation of energy facilities.

Section 469.520 - Cooperation of state governmental bodies; adoption of rules by state agencies on energy facility development.

Section 469.525 - Prohibitions on radioactive waste disposal, arrangements for disposal, transportation for disposal and disposal facilities; exceptions; rules.

Section 469.533 - State Department of Energy rules for health protection and evacuation procedures in nuclear emergency.

Section 469.535 - Governor may assume control of emergency operations during nuclear accident or catastrophe.

Section 469.540 - Reductions or curtailment of operations for violation of safety standards; notice; time period for repairs; transport and disposal of radioactive materials.

Section 469.550 - Order for halt of plant operations or activities with radioactive material; notice.

Section 469.553 - Active uranium mill or mill tailings disposal facility site certification required; procedure for review; fees.

Section 469.559 - Cooperative agreements authorized between council and federal officials and agencies; rules; powers of Governor; exception for inactive or abandoned site.

Section 469.560 - Records; public inspection; confidential information.

Section 469.561 - Property insurance required; exceptions; filing of policy.

Section 469.562 - Eligible insurers.

Section 469.564 - Records or information for enforcement; correction of violation; determination of compliance; costs.

Section 469.566 - Legislative findings.

Section 469.568 - Construction of ORS 469.566 to 469.583.

Section 469.569 - Definitions for ORS 469.566 to 469.583.

Section 469.571 - Oregon Hanford Cleanup Board; members; appointment.

Section 469.572 - Compensation of board members.

Section 469.573 - Purpose of Oregon Hanford Cleanup Board.

Section 469.574 - Duties of Oregon Hanford Cleanup Board; coordination with Washington.

Section 469.575 - Duties of chairperson of Oregon Hanford Cleanup Board.

Section 469.576 - Review of Hanford as site selected for long-term disposal of high-level radioactive waste.

Section 469.577 - Lead agency; agreements with federal agencies related to long-term disposal of high-level radioactive waste.

Section 469.578 - Oregon Hanford Cleanup Board to implement agreements with federal agencies.

Section 469.579 - Authority to accept moneys; disbursement of funds; rules.

Section 469.581 - Advisory and technical committees.

Section 469.582 - Cooperation with Oregon Hanford Cleanup Board; technical assistance from other state agencies.

Section 469.583 - Rules.

Section 469.584 - Findings.

Section 469.585 - Activities of state related to selection of high-level radioactive waste disposal site.

Section 469.586 - Findings.

Section 469.587 - Position of State of Oregon related to operation of Hanford Nuclear Reservation.

Section 469.590 - Definitions for ORS 469.590 to 469.595.

Section 469.594 - Storage of high-level radioactive waste after expiration of license prohibited; continuing responsibility for storage; implementation agreements.

Section 469.597 - Election procedure; elector approval required.

Section 469.601 - Effect of ORS 469.595 on applications and applicants.

Section 469.605 - Permit to transport required; application; delegation of authority to issue permits; fees; rules.

Section 469.606 - Determination of best and safest route.

Section 469.607 - Authority of council; rules.

Section 469.609 - Annual report to state agencies and local governments on shipment of radioactive wastes.

Section 469.611 - Emergency preparedness and response program; radiation emergency response team; training.

Section 469.613 - Records; inspection; rules.

Section 469.615 - Indemnity for claims against state insurance coverage certification; reimbursement for costs incurred in nuclear incident.

Section 469.617 - Report to legislature; content.

Section 469.631 - Definitions for ORS 469.631 to 469.645.

Section 469.633 - Investor-owned utility program.

Section 469.634 - Contributions for urban and community forest activities by customers of investor-owned utilities; rules; uses.

Section 469.635 - Alternative program of investor-owned utilities.

Section 469.636 - Additional financing program by investor-owned utility for rental dwelling.

Section 469.639 - Billing for energy conservation measures.

Section 469.641 - Conditions for cash payments to dwelling owner by investor-owned utility.

Section 469.643 - Formula for customer charges; rules.

Section 469.649 - Definitions for ORS 469.649 to 469.659.

Section 469.651 - Publicly owned utility program.

Section 469.652 - Contributions for urban and community forest activities by customers of publicly owned utilities; rules; uses.

Section 469.653 - Alternative program of publicly owned utility.

Section 469.657 - Conditions for cash payments to dwelling owner by publicly owned utility.

Section 469.700 - Energy efficiency ratings; public information; "single family residence" defined.

Section 469.703 - Home energy performance score system; home energy assessors; reports; database; rules.

Section 469.710 - Definitions for ORS 469.710 to 469.720.

Section 469.715 - Low interest loans for cost-effective energy conservation; rate.

Section 469.717 - When installation to be completed.

Section 469.720 - Energy audit required; permission to inspect required; owner not to receive other incentives.

Section 469.735 - Definitions for ORS 469.730 to 469.745.

Section 469.740 - Rules establishing energy conservation standards for public buildings; bases.

Section 469.750 - State purchase of alternative fuels.

Section 469.752 - Definitions for ORS 469.752 to 469.756.

Section 469.754 - Authority of state agencies to establish projects; use of savings; rules.

Section 469.756 - Rules; technical assistance; evaluations.

Section 469.805 - State members of council; confirmation; qualifications.

Section 469.810 - Conflicts of interest prohibited.

Section 469.815 - Status of members; duties; attendance at public meetings; technical assistance.

Section 469.820 - Term; reappointment; vacancy.

Section 469.825 - Prohibited activities of members.

Section 469.830 - Removal of members; grounds; procedure.

Section 469.835 - Salary of members; staff.

Section 469.840 - Northwest Regional Power and Conservation Account; uses.

Section 469.860 - Definitions for ORS 469.860 to 469.900.

Section 469.863 - Gas utility to adopt commercial energy audit program; rules.

Section 469.865 - Electric utility to adopt commercial energy conservation services program.

Section 469.885 - Publicly owned utility to adopt commercial energy audit program; fee.

Section 469.890 - Publicly owned utility to adopt commercial energy conservation program; fees; rules.

Section 469.895 - Application of ORS 469.890 to 469.900 to publicly owned utility.

Section 469.900 - Duty of commission to avoid conflict with federal requirements.

Section 469.930 - Northwest Interstate Compact on Low-Level Radioactive Waste Management.

Section 469.950 - Authority to enter into interstate cooperative agreements to control power costs and rates; Bonneville Power Administration.

Section 469.990 - Penalties.

Section 469.992 - Civil penalties.