2021 Oregon Revised Statutes
Chapter 757 - Utility Regulation Generally
Section 757.386 - Program for procurement of electricity from community solar projects; rules.


(a) "Community solar project" means one or more solar photovoltaic energy systems that provide owners and subscribers the opportunity to share the costs and benefits associated with the generation of electricity by the solar photovoltaic energy systems.
(b) "Electric company" has the meaning given that term in ORS 757.600.
(c) "Owner" means a customer of an electric company who has proportionate ownership of part of a community solar project, such as direct ownership of one or more solar panels or shared ownership of the infrastructure of the community solar project.
(d) "Project manager" means the entity identified as having responsibility for managing the operation of a community solar project and, if applicable, for maintaining contact with the electric company that procures electricity from the community solar project. A project manager may be:
(A) An electric company; or
(B) An independent third party.
(e) "Solar photovoltaic energy system" means equipment and devices that have the primary purpose of collecting solar energy and generating electricity by photovoltaic effect.
(f) "Subscriber" means a customer of an electric company who proportionately leases part of a community solar project for a minimum of 10 years.
(2)(a) The Public Utility Commission shall establish by rule a program for the procurement of electricity from community solar projects. As part of the program, the commission shall:
(A) Adopt rules prescribing what qualifies a community solar project to participate in the program;
(B) Certify qualified community solar projects for participation in the program;
(C) Prescribe the form and manner by which project managers may apply for certification under the program; and
(D) Require, by rule or order, electric companies to enter into a 20-year power purchase agreement with a certified community solar project.
(b) The commission shall adopt rules under paragraph (a)(A) of this subsection that, at a minimum:
(A) Incentivize consumers of electricity to be owners or subscribers;
(B) Minimize the shifting of costs from the program to ratepayers who do not own or subscribe to a community solar project;
(C) Where an electric company is the project manager, protect owners and subscribers from undue financial hardship; and
(D) Protect the public interest.
(c) The commission may suspend the program adopted under this subsection if the commission has good cause to suspend the program.
(3) A community solar project:
(a) Must have at least one solar photovoltaic energy system with a minimum generating capacity of 25 kilowatts;
(b) Must be located in this state; and
(c) May be located anywhere in this state.
(4) A project manager may offer ownership in or subscriptions to a community solar project only to consumers of electricity that are located:
(a) In this state; and
(b) In the service territory of an electric company.
(5)(a) A project manager may offer proportional ownership in or proportional subscriptions to a community solar project in any amount that does not exceed a potential owner’s or potential subscriber’s average annual consumption of electricity.
(b) Any value associated with the generation of electricity in excess of an offer to own or subscribe to a community solar project as limited by paragraph (a) of this subsection must be used by the electric company procuring electricity from the community solar project in support of low-income residential customers of the electric company.
(6)(a) Except as provided in paragraph (b) of this subsection, an electric company shall credit an owner’s or subscriber’s electric bill for the amount of electricity generated by a community solar project for the owner or subscriber in a manner that reflects the resource value of solar energy. For purposes of this paragraph, the commission shall determine the resource value of solar energy.
(b) The commission may adopt a rate for an electric company to use in crediting an owner’s or subscriber’s electric bill other than the rate described in paragraph (a) of this subsection if the commission has good cause to adopt the different rate.
(7)(a) Except as otherwise provided in this section, owners and subscribers shall bear the costs and benefits of constructing and operating a community solar project.
(b) Costs incurred by an electric company under the terms of a power purchase agreement entered into pursuant to subsection (2)(a)(D) of this section are recoverable in the rates of the electric company. Moneys collected pursuant to imposing those rates, under the terms of a power purchase agreement entered into pursuant to subsection (2)(a)(D) of this section, may be transferred to a project manager for the purpose of operating a community solar project.
(c) All start-up costs prudently incurred during the development or modification of the program established under this section are recoverable in the rates of an electric company.
(d) Owners and subscribers shall bear all ongoing costs incurred during the continued administration of the program established under this section.
(8) Owners and subscribers own all renewable energy certificates established under ORS 469A.130 that are associated with the generation of electricity by a community solar project, in proportion to the owner’s proportional ownership in or the subscriber’s proportional subscription to the community solar project.
(9) As part of the program established under this section, the commission shall:
(a) Determine a methodology by which 10 percent of the total generating capacity of the community solar projects operated under the program will be made available for use by low-income residential customers of electricity; and
(b) Periodically review and adjust the percentage described in paragraph (a) of this subsection. [2016 c.28 §22]
Note: 757.386 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 757 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 : 19 - Utilities, Vehicle Code, Watercraft, Aviation

Chapter 757 - Utility Regulation Generally

Section 757.005 - Definition of public utility.

Section 757.006 - People’s utility districts and electric cooperatives excluded from term "public utility."

Section 757.007 - Contract and rate schedule filing for certain furnishers of heat exempt from regulation; procedure.

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 757.039 - Regulation of hazardous substance distribution and storage operations; cooperation with federal agencies; disclosure of reports and information.

Section 757.053 - Alternative means for meeting energy conservation requirements.

Section 757.054 - Cost-effective energy efficiency resources and demand response resources; legislative findings; planning and pursuit by electric company required; consumer credit; rules.

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 757.072 - Agreements for financial assistance to organizations representing customer interests; rules.

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 757.125 - Duty of utility to keep records and accounts; duty of commission to furnish blanks.

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 757.212 - Resource rate plans; customers who may elect to be exempt; order approving plan; effect of approving plan; rules.

Section 757.215 - Commission authorized to suspend new rates or order interim rates during hearings; revenues collected under unapproved rates to be refunded; order after hearing.

Section 757.227 - Rate mitigation for certain electric company rate increases.

Section 757.230 - Control of commission over classification of services and forms of schedules; rules.

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 757.259 - Amounts includable in rate schedule; deferral; limit in effect on rates by amortization; rules.

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 757.269 - Setting of rates based upon income taxes paid by utility; limitation on use of tax information; rules.

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 757.300 - Net metering facility allowed to connect to public utility; conditions for connecting and measuring energy; rules; application to out-of-state utilities.

Section 757.306 - Contractor labor standards for large-scale projects; attestation or declaration; project labor agreement.

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 757.355 - Costs of property not presently providing utility service excluded from rate base; exception.

Section 757.357 - Legislative findings; programs to accelerate transportation electrification; tariff schedules and rates; long-term stranded costs.

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 757.365 - Pilot program for small solar energy systems; rules; limits to program; report to Legislative Assembly.

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 757.396 - Participating large natural gas utilities; portfolio targets; ratemaking mechanisms; qualified investments.

Section 757.398 - Small natural gas utilities; filing to participate; rate cap; cost recovery; qualified investments.

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 757.420 - Hearings and supplemental orders relating to issuance of securities; joint approval of issuance by interstate utility.

Section 757.435 - Disposal of proceeds from issuance of securities; rules.

Section 757.450 - Wrongful acts relating to issuance of securities.

Section 757.455 - Conservation program investment policy; application for bondable investments; utility rates to include investment costs.

Section 757.460 - Pledge of conservation investment assets as bond collateral; perfection of security interest; foreclosure.

Section 757.480 - Approval needed prior to disposal, mortgage or encumbrance of certain operative utility property or consolidation with another public utility; exceptions.

Section 757.483 - Condemnation or acquisition of service territory or property of electric company by electric utility; stranded costs obligation.

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 757.506 - Findings and policy regarding exercise of influence over utility by person not engaged in utility business.

Section 757.511 - Application for authority to exercise influence over utility; contents of application; issuance of order; dissemination of information about acquisition.

Section 757.516 - Contracts between natural gas utilities and customers for commodity and services; determination by commission of reasonableness of contract and utility activities.

Section 757.518 - Elimination of coal-fired resources from allocations of electricity; depreciation; exception; useful life of coal-fired resources; rates.

Section 757.519 - Consideration of net gain or net loss upon sale of coal-fired resource for allocation to certain retail electricity consumers.

Section 757.522 - Definitions for ORS 757.522 to 757.536.

Section 757.524 - Greenhouse gas emissions standard applicable to electric companies and electricity service suppliers.

Section 757.526 - Petition by electric companies and electricity service suppliers to study greenhouse gas emissions standard; report to Legislative Assembly.

Section 757.528 - Greenhouse gas emissions standard applicable to consumer-owned utilities; modification; rules.

Section 757.531 - Emissions standard-based restrictions on long-term financial commitments by electric companies or electricity service suppliers; rules.

Section 757.533 - Emissions standard-based restrictions on long-term financial commitments by consumer-owned utilities; rules.

Section 757.536 - Public Utility Commission review of plans and rates to ensure compliance with greenhouse gas emissions standard; rules.

Section 757.538 - Rules.

Section 757.539 - Eligibility criteria; contents of application; project proposal processes; recovery of costs; rate cap; report to Legislative Assembly.

Section 757.542 - Definitions for ORS 757.542 to 757.562.

Section 757.547 - Oregon Utility Notification Center; board; member qualifications; terms; meetings; rules.

Section 757.552 - Duties of center; fees for services; rules; exemption from certain financial administration laws.

Section 757.557 - Underground utility facility operators required to subscribe to center; liability for damage from excavation for nonsubscribers; exemption.

Section 757.562 - Report to Legislative Assembly of center activities; contracts to carry out duties.

Section 757.600 - Definitions for ORS 757.600 to 757.687.

Section 757.601 - Implementation dates for direct access and portfolio of rate options; exemption for certain small electric companies.

Section 757.603 - Electric company required to provide cost-of-service rate option to all retail electricity consumers; waiver; portfolio of rate options for residential consumers.

Section 757.607 - Direct access conditions; cost recovery.

Section 757.609 - Date for announcing prices for electricity in subsequent calendar year; estimated prices.

Section 757.612 - Requirements for public purpose expenditures; rules.

Section 757.613 - Whole building assessment; investment in energy efficiency.

Section 757.617 - Report to Legislative Assembly on public purpose expenditures; independent nongovernmental entity to prepare report; report on low-income bill assistance.

Section 757.627 - Retail electricity consumers eligible for direct access may aggregate electricity loads.

Section 757.637 - Comparable access to transmission and distribution facilities.

Section 757.642 - Unbundling electricity assets; records.

Section 757.646 - Policies to eliminate barriers to competitive retail market; code of conduct for electric companies; rules.

Section 757.649 - Certification of electricity service suppliers; safety standards for distribution systems; billing requirements; rules.

Section 757.659 - Commission rules; contents.

Section 757.660 - Use of arbitration to resolve disputes relating to valuation of electric company investments; rules.

Section 757.663 - Commission authority to require electric company to enter into contracts with Bonneville Power Administration.

Section 757.669 - Policy regarding consumer-owned electric utilities.

Section 757.672 - Application of ORS 757.603 to 757.667 to consumer-owned electric utility; reciprocal electricity sales.

Section 757.676 - Consumer-owned utility authorized to offer direct, portfolio or other forms of access to electricity services.

Section 757.679 - Net billing agreements.

Section 757.687 - Consumer-owned utility offering direct access; public purpose charge; bill assistance program.

Section 757.695 - Mitigation of energy burdens; costs collection.

Section 757.698 - Low-income electric bill payment and crisis assistance.

Section 757.710 - Emergency curtailment plan required; credits for weatherization or alternate energy devices.

Section 757.720 - Factors to be considered in approving plan; authority to establish plan; consultation with State Department of Energy.

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 757.742 - Public Utility Commission authorization to enter agreement with California related to cost apportionment and trust fund.

Section 757.744 - Disclaimers.

Section 757.746 - Requirements for nongovernmental entities receiving funds.

Section 757.747 - Environmental justice; commission to establish equity metrics.

Section 757.755 - Termination of residential electric or natural gas service prohibited; rules of commission.

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 757.770 - Deadline for public utility filing of outdoor lighting fixture rate and charge application; required notification to customers.

Section 757.800 - Definitions for ORS 757.800 and 757.805.

Section 757.805 - Accident prevention required for work near high voltage lines; effect of failure to comply; applicability; other remedies unaffected.

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 757.872 - Equity and assets of incumbent utility held in trust; disclaimer of state interest.

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 757.895 - Ratemaking.

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 757.910 - Policy.

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 757.990 - Penalties.

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.