2021 Oregon Revised Statutes
Chapter 469 - Energy; Conservation Programs; Energy Facilities
Section 469.229 - Definitions for ORS 469.229 to 469.261.


(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 device used with an electric discharge lamp to obtain necessary circuit conditions for starting and operating the lamp.
(3) "Battery" or "battery pack" means an assembly of one or more rechargeable cells intended to provide electrical energy to a product, in one of the following forms:
(a) A detachable battery that is contained in an enclosure separate from the product and that is intended to be removed or disconnected from the product for charging; or
(b) An integral battery that is contained within the product and is not removed from the product for charging.
(4) "Battery analyzer" means a device:
(a) Used to analyze and report a battery’s performance and overall condition;
(b) Capable of being programmed and performing service functions to restore capability in deficient batteries; and
(c) Not intended or marketed to be used on a daily basis for the purpose of charging batteries.
(5) "Battery backup" or "uninterruptible power supply charger (UPS)" means a small battery charger system that is voltage and frequency dependent (VFD) and designed to provide power to an end-use product in the event of a power outage, including a UPS as defined in International Electrotechnical Commission (IEC) publication 62040-3 (March 2011 edition), where the output of the VFD UPS is dependent on changes in AC input voltage and frequency and is not intended to provide additional corrective functions, such as those relating to the use of tapped transformers.
(6)(a) "Battery charger system" means a battery charger coupled with its batteries, including:
(A) Electronic devices with a battery that are normally charged from AC line voltage or DC input voltage through an internal or external power supply and a dedicated battery charger;
(B) The battery and battery charger components of devices that are designed to run on battery power during part or all of their operations;
(C) Dedicated battery systems primarily designed for electrical or emergency backup; and
(D) Devices whose primary function is to charge batteries, along with the batteries the devices are designed to charge, including chargers for power tool batteries and chargers for automotive, AA, AAA, C, D, or nine-volt rechargeable batteries and chargers for batteries used in larger industrial motive equipment and à la carte chargers.
(b) "Battery charger system" does not mean a battery charger:
(A) Used to charge a motor vehicle that is powered by an electric motor drawing current from rechargeable storage batteries, fuel cells or other portable sources of electrical current, including a nonelectrical source of power designed to charge batteries and components thereof, except for battery chargers for forklifts, electric personal assistive mobility devices or low-speed vehicles;
(B) That is classified as a Class II or Class III device for human use under the Federal Food, Drug, and Cosmetic Act, as in effect on January 1, 2014, and that requires listing and approval as a medical device;
(C) Used to charge a battery or batteries in an illuminated exit sign, including those products that are a combination illuminated exit sign and emergency egress lighting;
(D) With input that is three phases of line-to-line 300 volts root mean square or more and is designed for a stationary power application;
(E) That is a battery analyzer;
(F) That is a voltage independent or voltage and frequency independent uninterruptible power supply as defined in International Electrotechnical Commission (IEC) publication 62040-3 (March 2011 edition); or
(G) That is contained completely within a larger product and that provides power for data storage or for continuity within volatile cache or memory systems, that maintains information for system use and that is not capable of powering full operation of the larger product when external AC line voltage is removed.
(c) The charging circuitry of battery charger systems may or may not be located within the housing of the end-use device. In many cases, the battery may be charged with a dedicated external charger and power supply combination that is separate from the device that runs on power from the battery.
(7) "Battery maintenance mode" means the mode of operation when the battery charger system is connected to the main electricity supply and the battery is fully charged and connected to the charger.
(8) "Bottle-type water dispenser" and "water cooler" have the meanings given those terms by the Director of the State Department of Energy by rule.
(9) "Charge return factor" means the number of ampere-hours returned to the battery during the charge cycle divided by the number of ampere-hours delivered by the battery during discharge.
(10) "Combination television" means a system in which a television or television monitor and an additional device or devices, including a video cassette recorder, are combined into a single unit in which the additional device or devices are included in the television casing.
(11) "Commercial dishwasher" has the meaning given that term by the director by rule.
(12) "Commercial fryer" has the meaning given that term by the director by rule.
(13)(a) "Commercial hot food holding cabinet" means an appliance that is a heated, fully-enclosed compartment with one or more solid doors and is designed to maintain the temperature of hot food that has been cooked in a separate appliance.
(b) "Commercial hot food holding cabinet" does not include heated glass merchandising cabinets, drawer warmers or cook-and-hold appliances.
(14) "Commercial steam cooker" has the meaning given that term by the director by rule.
(15)(a) "Compact audio product," also known as a mini, mid, micro or shelf audio system, means an integrated audio system encased in a single housing that includes an amplifier and radio tuner and attached or separable speakers that can reproduce audio from one or more of the following media:
(A) Magnetic tape;
(B) Compact disc;
(C) DVD; or
(D) Flash memory.
(b) "Compact audio product" does not include products that can be independently powered by internal batteries, have a powered external satellite antenna or can provide a video output signal.
(16) "Compensation" means money or any other valuable thing, regardless of form, received or to be received by a person for services rendered.
(17) "Component television" means a television composed of two or more separate components, including separate display device and tuner, marketed as a television under one model or system designation and having one or more power cords.
(18) "Computer" has the meaning given that term by the director by rule.
(19) "Computer monitor" has the meaning given that term by the director by rule.
(20) "Digital versatile disc" or "DVD" means a laser-encoded plastic medium capable of storing a large amount of digital audio, video and computer data.
(21)(a) "Digital versatile disc player" or "digital versatile disc recorder" means a commercially available electronic product encased in a single housing that includes an integral power supply and for which the sole purpose is, respectively, the decoding and the production or recording of digitized video signal on a DVD.
(b) "Digital versatile disc recorder" does not include models that have an electronic programming guide function that provides an interactive, on-screen menu of television listings and downloads program information from the vertical blanking interval of a regular television signal.
(22) "Electric storage water heater" has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.
(23) "Electronic programming guide" means an application that provides an interactive, on-screen menu of television listings that downloads program information from the vertical blanking interval of a regular television signal.
(24) "Faucet" has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.
(25) "High color-rendering index fluorescent lamp" and "high CRI fluorescent lamp" have the meanings given those terms by the director by rule.
(26) "High-intensity discharge lamp" means a lamp in which light is produced by the passage of an electric current through a vapor or gas, and in which the light-producing arc is stabilized by bulb wall temperature and the arc tube has a bulb wall loading in excess of three watts per square centimeter.
(27)(a) "High light output double-ended quartz halogen lamp" means a lamp that:
(A) Is designed for general outdoor lighting purposes;
(B) Contains a tungsten filament;
(C) Has a rated initial lumen value of greater than 6,000 and less than 40,000 lumens;
(D) Has at each end a recessed single contact, R7s base;
(E) Has a maximum overall length between four and 11 inches;
(F) Has a nominal diameter less than three-fourths inch (T6); and
(G) Is designed to be operated at a voltage between 110 volts and 200 volts or is designed to be operated at a voltage between 235 volts and 300 volts.
(b) "High light output double-ended quartz halogen lamp" does not mean a lamp that is:
(A) A tubular quartz infrared heat lamp; or
(B) Marked and marketed as a stage and studio lamp with a rated life of 500 hours or less.
(28) "Inductive charger system" means a small battery charger system that transfers power to the charger through magnetic or electric induction.
(29) "Kitchen faucet" has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.
(30) "Kitchen replacement aerator" has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.
(31)(a) "Large battery charger system" means a battery charger system with a rated input power of more than two kilowatts.
(b) "Large battery charger system" does not mean a battery charger system for golf carts.
(32) "Lavatory faucet" has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.
(33) "Lavatory replacement aerator" has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.
(34) "Multiport charger" means a battery charger that is capable of simultaneously charging two or more batteries and that may have multivoltage capability, allowing two or more batteries of different voltages to charge simultaneously.
(35) "No battery mode" means the mode of operation in which a battery charger is connected to the main electricity supply and the battery is not connected to the charger.
(36) "Plumbing fitting" has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.
(37) "Portable electric spa" has the meaning given that term by the director by rule.
(38) "Public lavatory faucet" has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.
(39) "Power conversion efficiency" means the instantaneous DC output power of the battery charger system divided by the simultaneous utility AC input power.
(40) "Residential ventilating fan" has the meaning given that term by the director by rule.
(41) "Selected input mode" means the input port selected that the television uses as a source to produce a visible or audible output and that is required for televisions with multiple possible inputs, including coaxial, composite, S-Video, HDMI and component connectors.
(42) "Showerhead" has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.
(43) "Small battery charger system" means:
(a) A battery charger system with a rated input power of two kilowatts or less.
(b) A golf cart battery charger system, regardless of input power or battery capacity.
(44)(a) "Television" means an analog or digital device, including a combination television, a television monitor, a component television and any unit marketed as a television, designed for the display and reception of a terrestrial, satellite, cable or Internet protocol or other broadcast or recorded transmission of analog or digital video or audio signals.
(b) "Television" does not mean a computer monitor.
(45) "Television monitor" means a television that does not have an internal tuner, receiver or playback device.
(46) "Television standby-passive mode" means the mode of operation in which the television is connected to a power source, produces neither sound nor picture but can be switched into another mode with the remote control unit or via an internal signal.
(47) "USB charger system" means a small battery charger system that uses a universal serial bus (USB) connector as the only power source to charge the battery, and is packaged with an external power supply rated with a voltage output of five volts and a power output of 15 watts or less. [2005 c.437 §1; 2007 c.375 §1; 2007 c.649 §1; 2013 c.418 §§1,2; 2017 c.295 §1; 2021 c.108 §1]
Note: 469.229 to 469.261 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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.