(a) "Electric company" has the meaning given that term in ORS 757.600.
(b)(A) "Infrastructure measures" includes, but is not limited to, investments in, expenses related to or rebates for:
(i) Distribution system infrastructure that supports transportation electrification;
(ii) Communication and control technologies that support transportation electrification; and
(iii) Behind-the-meter infrastructure that supports transportation electrification and is owned by an electric company or by a customer.
(B) "Infrastructure measures" does not include investments in or expenses related to education and outreach activities related to transportation electrification, or other transportation electrification-related activities determined by the Public Utility Commission to be separate and distinct from the development of infrastructure.
(c) "Retail electricity consumer" has the meaning given that term in ORS 757.600.
(d) "Transportation electrification" means:
(A) The use of electricity from external sources to provide power to all or part of a vehicle;
(B) Programs related to developing the use of electricity for the purpose described in subparagraph (A) of this paragraph;
(C) Infrastructure measures related to developing the use of electricity for the purpose described in subparagraph (A) of this paragraph; and
(D) Programs related to supporting the adoption and service of vehicles powered as described in subparagraph (A) of this paragraph.
(e) "Vehicle" means a vehicle, vessel, train, boat or any other equipment that is mobile.
(2) The Legislative Assembly finds and declares that:
(a) Transportation electrification is necessary to reduce petroleum use, achieve optimum levels of energy efficiency and carbon reduction, meet federal and state air quality standards, meet this state’s greenhouse gas emissions reduction goals described in ORS 468A.205 and improve the public health and safety;
(b) Widespread transportation electrification requires that electric companies increase access to the use of electricity as a transportation fuel;
(c) Widespread transportation electrification requires that electric companies increase access to the use of electricity as a transportation fuel in low and moderate income communities;
(d) Widespread transportation electrification should stimulate innovation and competition, provide consumers with increased options in the use of charging equipment and in procuring services from suppliers of electricity, attract private capital investments and create high quality jobs in this state;
(e) Transportation electrification and the purchase and use of electric vehicles should assist in managing the electrical grid, integrating generation from renewable energy resources and improving electric system efficiency and operational flexibility, including the ability of an electric company to integrate variable generating resources;
(f) Deploying transportation electrification and electric vehicles creates the opportunity for an electric company to propose, to the commission, that a net benefit for the customers of the electric company is attainable; and
(g) Charging electric vehicles in a manner that provides benefits to electrical grid management affords fuel cost savings for vehicle drivers.
(3)(a) The commission shall direct each electric company to file:
(A) Applications for programs to support transportation electrification; and
(B) A plan, for acceptance by the commission, that integrates the electric company’s transportation electrification actions.
(b) The applications and plan must be filed in a form and manner prescribed by the commission.
(c) A program proposed by an electric company may include prudent investments in or customer rebates for electric vehicle charging and related infrastructure.
(4) The commission may allow an electric company to recover costs from retail electricity consumers for prudent infrastructure measures to support transportation electrification if the infrastructure measures are consistent with and meet the requirements of subsection (5) of this section.
(5) If undertaken by an electric company, an infrastructure measure to support transportation electrification is a utility service and a benefit to utility customers if the infrastructure measure can be reasonably anticipated to:
(a) Support reductions of transportation sector greenhouse gas emissions over time; and
(b) Benefit the electric company’s customers in ways that may include, but need not be limited to:
(A) Distribution or transmission management benefits;
(B) Revenues to utilities from electric vehicle charging to offset utilities’ fixed costs that may otherwise be charged to customers;
(C) System efficiencies or other economic values inuring to the benefit of customers over the long term; or
(D) Increased customer choice through greater transportation electrification infrastructure deployment to increase the availability of and access to public and private electric vehicle charging stations.
(6) When considering a transportation electrification program and determining cost recovery for investments and other expenditures that are not infrastructure measures and that are related to a program proposed by an electric company under subsection (3) of this section, the commission shall consider whether the investments and other expenditures:
(a) Are within the service territory of the electric company;
(b) Are prudent as determined by the commission;
(c) Are reasonably expected to be used and useful as determined by the commission;
(d) Are reasonably expected to enable the electric company to support the electric company’s electrical system;
(e) Are reasonably expected to improve the electric company’s electrical system efficiency and operational flexibility, including the ability of the electric company to integrate variable generating resources; and
(f) Are reasonably expected to stimulate innovation, competition and customer choice in electric vehicle charging and related infrastructure and services.
(7) In undertaking infrastructure measures that involve the installation of one or more electric vehicle charging stations, an electric company must allow for customer choice in the selection of the type of electric vehicle charging station to be installed, subject to equipment eligibility as determined by the electric company. An electric company may prequalify multiple types of eligible electric vehicle charging stations based on criteria determined by the electric company.
(8) Nothing in this section restricts or prohibits a corporation, company, partnership, individual or association of individuals exempt from regulation under ORS 757.005 (1)(b)(G) from furnishing electricity to any number of customers for use in motor vehicles.
(9)(a) Tariff schedules and rates allowed pursuant to subsections (3) to (6) of this section:
(A) May allow a return of and a return on an investment made by an electric company under subsections (3) to (6) of this section; and
(B) Shall be recovered from the retail electricity consumers of an electric company in a manner determined by the commission.
(b) A return on investment allowed under this subsection may be earned for a period of time that does not exceed the depreciation schedule of the investment approved by the commission. When an electric company’s investment is fully depreciated, the commission may authorize the electric company to donate the electric vehicle charging infrastructure to the owner of the property on which the infrastructure is located.
(10) For purposes of ORS 757.355, electric vehicle charging infrastructure provides utility service to the customers of an electric company.
(11) In authorizing programs described in subsection (3) of this section, the commission shall review data concerning current and future adoption of electric vehicles and utilization of electric vehicle charging infrastructure. If market barriers unrelated to the investment or expenditures made by an electric company prevent electric vehicles from adequately utilizing available electric vehicle charging infrastructure, the commission may not permit additional investments in or expenditures related to supporting transportation electrification without a reasonable showing that the investments or expenditures would not result in long-term stranded costs recoverable from the retail electricity consumers of electric companies. [2016 c.28 §20; 2021 c.23 §4; 2021 c.95 §4; 2021 c.630 §21]
Note: Sections 1 to 3, chapter 95, Oregon Laws 2021, provide:
Sec. 1. Section 2 of this 2021 Act is added to and made a part of ORS chapter 757. [2021 c.95 §1]
Sec. 2. Collection of funds to support transportation electrification. (1) As used in this section:
(a) "Distribution" has the meaning given that term in ORS 757.600.
(b) "Electric company" has the meaning given that term in ORS 757.600.
(c) "Retail electricity consumer" has the meaning given that term in ORS 757.600.
(d) "Transportation electrification" has the meaning given that term in ORS 757.357.
(2) An electric company that makes sales of electricity to 25,000 or more retail electricity consumers in this state shall collect, through monthly meter charges, an amount from each retail electricity consumer served through the distribution system owned and operated by the electric company, regardless of whether the retail electricity consumer purchases the electricity from the electric company. The total amounts collected under this section must be set to one quarter of one percent of the total revenues collected by the electric company from all retail electricity consumers.
(3) Funds collected under subsection (2) of this section must be expended by the electric company to support and integrate transportation electrification and must be consistent with a budget approved by the Public Utility Commission for use of funds collected under this section. Expenditures made by an electric company pursuant to this subsection must be made on elements contained within the electric company’s transportation electrification plan accepted by the commission pursuant to ORS 757.357.
(4) An electric company shall account separately for all revenues and expenditures related to funds described in this section and shall report the revenues and expenditures on a schedule and in the manner prescribed by the commission.
(5) Funds collected and expended pursuant to this section shall be a minimum investment in transportation electrification and may not limit the amounts that may otherwise be collected by an electric company in rates to recover the costs of prudently incurred investments that support transportation electrification.
(6) An electric company shall make reasonable efforts to expend not less than one-half of the amount collected under subsection (2) of this section each year to support transportation electrification in underserved communities through approaches that may include but are not limited to programs, infrastructure, rebates or expenses that support:
(a) The use of electric vehicles by residents of rental or multifamily housing;
(b) The use of electric vehicles by communities of color, communities experiencing lower incomes, tribal communities, rural communities, frontier communities, coastal communities and other communities adversely harmed by environmental and health hazards;
(c) The use of electric vehicles by communities described in paragraph (b) of this subsection in areas with a low density of public charging stations; or
(d) The deployment of electric school and transit buses in a manner that benefits communities described in paragraph (a) or (b) of this subsection. [2021 c.95 §2]
Sec. 3. Section 2 of this 2021 Act is repealed on January 2, 2031. [2021 c.95 §3]
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
Chapter 757 - Utility Regulation Generally
Section 757.005 - Definition of public utility.
Section 757.009 - Procedure for reregulation of furnishers of heat.
Section 757.015 - "Affiliated interest" defined for ORS 757.105 (1) and 757.495.
Section 757.035 - Adoption of safety rules and regulations; enforcement.
Section 757.053 - Alternative means for meeting energy conservation requirements.
Section 757.056 - Information on energy conservation to be furnished by certain utilities; rules.
Section 757.061 - Regulation of water utilities; rules.
Section 757.063 - Regulation of associations furnishing water upon petition.
Section 757.068 - Use of fees to make emergency repairs to water service plants.
Section 757.069 - Notice of delinquency on water bill.
Section 757.077 - Incorrect billings; collections; refunds.
Section 757.105 - Filing of budget; rules; review by commission; pensions as operating expenses.
Section 757.110 - Effect of budget orders.
Section 757.120 - Accounts required.
Section 757.135 - Closing accounts and filing balance sheet; rules; auditing accounts.
Section 757.140 - Depreciation accounts; use of certain undepreciated investment in rates.
Section 757.205 - Filing schedules with commission; data filed with schedules.
Section 757.210 - Hearing to establish new schedules; alternative regulation plan.
Section 757.227 - Rate mitigation for certain electric company rate increases.
Section 757.240 - Filing schedules in business office.
Section 757.245 - Establishment of joint rates.
Section 757.247 - Tariff schedules for energy resource measures; rules.
Section 757.250 - Standards and appliances for measuring service; rules.
Section 757.255 - Testing of measuring appliances; rules; fees.
Section 757.262 - Rates to encourage acquisition of cost-effective conservation resources; rules.
Section 757.266 - Rates may encourage tree planting programs as offset to carbon dioxide emissions.
Section 757.270 - Definitions for ORS 757.270 to 757.290.
Section 757.271 - Authorization from pole owner required for attachment.
Section 757.272 - Pole owner may approve or reject attachment.
Section 757.279 - Fixing rates or charges by commission; cost of hearing.
Section 757.282 - Criteria for just and reasonable rate for attachments; rate reduction.
Section 757.310 - Prohibition related to charges for service.
Section 757.315 - When free service or reduced rates allowed.
Section 757.320 - Reducing rates for persons furnishing part of necessary facilities.
Section 757.325 - Undue preferences and prejudices.
Section 757.359 - Infrastructure for vehicles powered by renewable natural gas or hydrogen.
Section 757.360 - Definitions for ORS 757.360 to 757.380.
Section 757.375 - Credit toward compliance with renewable portfolio standard; limits.
Section 757.380 - Applicability of ORS 757.360 to 757.380.
Section 757.385 - Allowance of fair and reasonable rates.
Section 757.386 - Program for procurement of electricity from community solar projects; rules.
Section 757.390 - Legislative findings and declarations.
Section 757.392 - Definitions.
Section 757.394 - Renewable natural gas programs; rules; requirements.
Section 757.410 - When issuance of securities is void.
Section 757.412 - Exemption from securities regulation.
Section 757.415 - Purposes for which securities and notes may be issued; order required.
Section 757.417 - Limitation on application of ORS 757.415.
Section 757.435 - Disposal of proceeds from issuance of securities; rules.
Section 757.450 - Wrongful acts relating to issuance of securities.
Section 757.485 - Purchase of property or stocks of one utility by another.
Section 757.490 - Approval needed for certain contracts.
Section 757.495 - Contracts involving utilities and persons with affiliated interests.
Section 757.522 - Definitions for ORS 757.522 to 757.536.
Section 757.542 - Definitions for ORS 757.542 to 757.562.
Section 757.600 - Definitions for ORS 757.600 to 757.687.
Section 757.607 - Direct access conditions; cost recovery.
Section 757.612 - Requirements for public purpose expenditures; rules.
Section 757.613 - Whole building assessment; investment in energy efficiency.
Section 757.637 - Comparable access to transmission and distribution facilities.
Section 757.642 - Unbundling electricity assets; records.
Section 757.659 - Commission rules; contents.
Section 757.669 - Policy regarding consumer-owned electric utilities.
Section 757.679 - Net billing agreements.
Section 757.695 - Mitigation of energy burdens; costs collection.
Section 757.698 - Low-income electric bill payment and crisis assistance.
Section 757.732 - Definitions for ORS 757.732 to 757.744.
Section 757.734 - Recovery of investment in Klamath River dams.
Section 757.736 - Surcharges for funding costs of removing Klamath River dams; judicial review.
Section 757.738 - Surcharge trust accounts related to removal of Klamath River dams.
Section 757.744 - Disclaimers.
Section 757.746 - Requirements for nongovernmental entities receiving funds.
Section 757.747 - Environmental justice; commission to establish equity metrics.
Section 757.760 - Requirements for notice of termination of service; payment schedules; rules.
Section 757.765 - Public utility provision of shielded outdoor lighting fixtures to customers.
Section 757.800 - Definitions for ORS 757.800 and 757.805.
Section 757.811 - Requirement to consider electricity from ocean renewable energy.
Section 757.812 - Definitions for ORS 757.812 to 757.950.
Section 757.814 - Creation of acquisition review committee.
Section 757.818 - Oregon Community Power created.
Section 757.822 - Laws applicable to Oregon Community Power.
Section 757.824 - Regulatory authority of Public Utility Commission over Oregon Community Power.
Section 757.830 - Nominating committee.
Section 757.834 - Board of directors.
Section 757.842 - Board meetings and procedures.
Section 757.852 - Acquisition of incumbent utility; use of eminent domain.
Section 757.855 - Funding of preliminary activities and negotiations.
Section 757.857 - Oregon Community Power Utility Acquisition Fund.
Section 757.862 - Request to Public Utility Commission for transfer of funds.
Section 757.864 - Conduct of business after acquisition.
Section 757.868 - Oregon Community Power to be successor in interest to incumbent utility; rules.
Section 757.880 - Board duties.
Section 757.883 - Payments in lieu of property taxes.
Section 757.886 - Powers of Oregon Community Power.
Section 757.890 - Eminent domain.
Section 757.897 - Notice of ratemaking; ratemaking hearings.
Section 757.900 - Intervention by Citizens’ Utility Board in proceedings.
Section 757.902 - Annual audit of Oregon Community Power.
Section 757.905 - Adoption of bylaws.
Section 757.915 - Definitions for ORS 757.915 to 757.930.
Section 757.918 - Oregon Community Power required to allow direct access.
Section 757.920 - Rights of electricity service suppliers.
Section 757.922 - Transition credits and charges.
Section 757.924 - Portfolio access to electricity service providers.
Section 757.930 - Distribution rights; service territories.
Section 757.935 - Definitions for ORS 757.935 to 757.945.
Section 757.937 - Financing agreements authorized.
Section 757.940 - Delegation of powers relating to financing agreements.
Section 757.942 - Powers of Oregon Community Power relating to financing agreements.
Section 757.945 - Consultation with State Treasurer.
Section 757.950 - Authorization to issue and sell revenue bonds.
Section 757.954 - City’s authority to control, and collect charges for, use of rights of way.
Section 757.963 - Public utility required to develop wildfire protection plan; rules.
Section 757.966 - Consumer-owned utility required to develop wildfire mitigation plan.
Section 757.968 - Electric utility easement over private land.
Section 757.969 - Municipally owned utility exempt from requirements.
Section 757.991 - Civil penalty for noncompliance with gas regulations.
Section 757.993 - Penalty for violation of utility excavation notification provisions.
Section 757.994 - Civil penalty for violation of statute, rule or order related to water utilities.
Section 757.995 - Civil penalty for violation of wildfire protection provisions or rule.