ORS 469A.025
Renewable energy sources

  • rules

(1)

Electricity generated utilizing the following types of energy may be used to comply with a renewable portfolio standard:

(a)

Wind energy.

(b)

Solar photovoltaic and solar thermal energy.

(c)

Wave, tidal and ocean thermal energy.

(d)

Geothermal energy.

(2)

Except as provided in subsection (3) of this section, electricity generated from biomass and biomass by-products may be used to comply with a renewable portfolio standard, including but not limited to electricity generated from:

(a)

Organic human or animal waste;

(b)

Spent pulping liquor;

(c)

Forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce uncharacteristic stand replacing wildfire risk;

(d)

Wood material from hardwood timber grown on land described in ORS 321.267 (Lands not eligible for special assessment) (3);

(e)

Agricultural residues;

(f)

Dedicated energy crops; and

(g)

Landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters or municipal solid waste.

(3)

Electricity generated from the direct combustion of biomass may not be used to comply with a renewable portfolio standard if any of the biomass combusted to generate the electricity includes wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate.

(4)

Electricity generated by a hydroelectric facility may be used to comply with a renewable portfolio standard only if:

(a)

The facility is located outside any protected area designated by the Pacific Northwest Electric Power and Conservation Planning Council as of July 23, 1999, or any area protected under the federal Wild and Scenic Rivers Act, P.L. 90-542, or the Oregon Scenic Waterways Act, ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement); or

(b)

The electricity is attributable to efficiency upgrades made to the facility on or after January 1, 1995.

(5)

Intentionally left blank —Ed.

(a)

Up to 50 average megawatts of electricity per year generated by an electric utility from certified low-impact hydroelectric facilities described in ORS 469A.020 (Qualifying electricity) (4)(a) may be used to comply with a renewable portfolio standard, without regard to the number of certified facilities operated by the electric utility or the generating capacity of those facilities. A hydroelectric facility described in this paragraph is not subject to the requirements of subsection (4) of this section.

(b)

Up to 40 average megawatts of electricity per year generated by certified low-impact hydroelectric facilities described in ORS 469A.020 (Qualifying electricity) (4)(b) may be used to comply with a renewable portfolio standard, without regard to the number of certified facilities or the generating capacity of those facilities. A hydroelectric facility described in this paragraph is not subject to the requirements of subsection (4) of this section.

(6)

Intentionally left blank —Ed.

(a)

Direct combustion of municipal solid waste in a generating facility located in this state may be used to comply with a renewable portfolio standard. The qualification of a municipal solid waste facility for use in compliance with a renewable portfolio standard has no effect on the qualification of the facility for a tax credit under ORS 469B.130 (Definitions for ORS 469B.130 to 469B.169 and 469B.171) to 469B.169 (Suspension or revocation of certificate).

(b)

The total amount of electricity generated in this state by direct combustion of municipal solid waste by generating facilities that became operational in this state on or after January 1, 1995, may not exceed nine average megawatts per year for the purpose of complying with a renewable portfolio standard.

(7)

Electricity generated from hydrogen gas, including electricity generated by hydrogen power stations using anhydrous ammonia as a fuel source, may be used to comply with a renewable portfolio standard if:

(a)

The electricity is derived from:

(A)

Any source of energy described in subsection (1) or (2) of this section; or

(B)

A hydroelectric facility that complies with subsection (4) of this section and that is certified as a low-impact hydroelectric facility as described in ORS 469A.020 (Qualifying electricity) (4); and

(b)

The output of the original source of energy is not also used to comply with a renewable portfolio standard.

(8)

If electricity generation employs multiple energy sources, that portion of the electricity generated that is attributable to energy sources described in this section may be used to comply with a renewable portfolio standard.

(9)

The State Department of Energy by rule may approve energy sources other than those described in this section that may be used to comply with a renewable portfolio standard. The department may not approve petroleum, natural gas, coal or nuclear fission as an energy source that may be used to comply with a renewable portfolio standard. [2007 c.301 §4; 2010 c.17 §3; 2010 c.71 §2]

Source: Section 469A.025 — Renewable energy sources; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors469A.­html.

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
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