ORS 469A.020
Qualifying electricity

  • age of generating facility

(1)

Except as provided in this section, electricity may be used to comply with a renewable portfolio standard only if the electricity is generated by a facility that becomes operational on or after January 1, 1995.

(2)

Electricity from a generating facility, other than a hydroelectric facility, that became operational before January 1, 1995, may be used to comply with a renewable portfolio standard if the electricity is attributable to capacity or efficiency upgrades made on or after January 1, 1995.

(3)

Electricity from a hydroelectric facility that became operational before January 1, 1995, may be used to comply with a renewable portfolio standard if the electricity is attributable to efficiency upgrades made on or after January 1, 1995. If an efficiency upgrade is made to a Bonneville Power Administration facility, only that portion of the electricity generation attributable to Oregon’s share of the electricity may be used to comply with a renewable portfolio standard.

(4)

Subject to the limit imposed by ORS 469A.025 (Renewable energy sources) (5), electricity from a hydroelectric facility that became operational before January 1, 1995, may be used to comply with a renewable portfolio standard if the facility is certified as a low-impact hydroelectric facility on or after January 1, 1995, by a national certification organization recognized by the State Department of Energy by rule, and if the facility is either:

(a)

Owned by an electric utility; or

(b)

Not owned by an electric utility and located in Oregon and licensed by the Federal Energy Regulatory Commission under the Federal Power Act, 16 U.S.C. 791a et seq., or exempt from such license.

(5)

Electricity from a generating facility located in this state that uses biomass and that became operational before January 1, 1995, may be used to comply with a renewable portfolio standard if the facility meets the requirements of the federal Public Utility Regulatory Policies Act of 1978 (P.L. 95-617) on March 4, 2010.

(6)

A facility located in this state that generates electricity from direct combustion of municipal solid waste and that became operational before January 1, 1995, may be used to comply with a renewable portfolio standard for up to 11 average megawatts of electricity generated per calendar year. [2007 c.301 §3; 2010 c.17 §1; 2010 c.71 §1; 2016 c.28 §4]

Source: Section 469A.020 — Qualifying electricity; age of generating facility, https://www.­oregonlegislature.­gov/bills_laws/ors/ors469A.­html.

Notes of Decisions

1995 date does not apply to date on which electricity was generated. Industrial Customers v. Oregon Department of Energy, 238 Or App 127, 241 P3d 352 (2010)

469A.005
Definitions for ORS 469A.005 to 469A.210 469A.010
Qualifying electricity 469A.020
Qualifying electricity 469A.025
Renewable energy sources 469A.027
Certification of eligibility for certain generating facilities 469A.029
Eligibility 469A.031
Eligibility 469A.050
Applicable standard 469A.052
Large utility renewable portfolio standard 469A.055
Small electric utilities 469A.060
Exemptions from compliance with renewable portfolio standard 469A.065
Renewable portfolio standard for electricity service suppliers 469A.070
Manner of complying with renewable portfolio standards 469A.075
Implementation plan for electric companies 469A.100
Limits on cost of compliance with renewable portfolio standard 469A.120
Cost recovery by electric companies 469A.130
Renewable energy certificates system 469A.132
Thermal renewable energy certificates 469A.135
Renewable energy certificates that may be used to comply with standards 469A.140
Use, transfer and banking of certificates 469A.145
Limitations on use of unbundled certificates to meet renewable portfolio standard 469A.147
Exemption from limitation on use of unbundled certificates for consumer-owned utilities 469A.150
Multistate electric companies 469A.170
Compliance reports 469A.180
Electric companies 469A.185
Consumer-owned utilities 469A.200
Penalty 469A.205
Green power rate 469A.210
Goal for community-based renewable energy projects 469A.300
Hydrogen power stations 469A.400
Definitions for ORS 469A.400 to 469A.475 469A.405
Policy 469A.410
Clean energy targets 469A.415
Electric companies to develop clean energy plans 469A.420
Emissions verification 469A.425
Community advisory group 469A.430
Treatment of generation resources 469A.435
Determining compliance with clean energy targets 469A.440
Temporary exemption 469A.445
Cost cap for electric companies 469A.450
Cost cap for electricity service suppliers 469A.455
Performance incentive for early compliance 469A.460
No modification to renewable portfolio standards 469A.465
Rules 469A.475
Legislative findings 469A.480
Electric company serving 25,000 or fewer consumers not subject to requirements
Green check means up to date. Up to date

Current through early 2024

§ 469A.020’s source at oregon​.gov