Bill Text: OR HB2017 | 2011 | Regular Session | Introduced
Bill Title: Relating to energy systems used in public buildings; declaring an emergency.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2017 Detail]
Download: Oregon-2011-HB2017-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3984
House Bill 2017
Sponsored by Representatives MCLANE, WHISNANT; Representatives
CONGER, HUFFMAN
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires contracting agency to set aside amount equal to 1.5
percent of amount contracting agency budgeted for public
improvement contracts and dedicate amount toward including
appropriate solar energy technology in construction,
reconstruction or major renovation of public buildings. Provides
exceptions.
Becomes operative 91 days after effective date of Act.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to energy systems used in public buildings; creating new
provisions; amending ORS 279C.527 and 279C.528; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 279C.527 is amended to read:
279C.527. { - (1) Except as otherwise provided in this
section, a public improvement contract for the construction of a
public building or for the reconstruction or major renovation of
a public building, if the cost of the reconstruction or major
renovation exceeds 50 percent of the value of the public
building, is considered to contain an amount equal to at least
1.5 percent of the total contract price for the inclusion of
appropriate solar energy technology in the public building. Solar
energy technology shall include solar electric or solar thermal
systems and may include passive solar energy systems when a
proposed passive solar energy system will achieve a reduction in
energy usage of at least 20 percent. - }
{ + (1) As used in this section and in ORS 279C.528:
(a) 'Public building' means a building that is owned or
controlled by a public body, as defined in ORS 174.109, and that
is:
(A) Used or occupied by employees of the public body; or
(B) Used for conducting public business.
(b) 'Solar energy technology' means a solar electric or solar
thermal system and a passive solar energy system, if the passive
solar energy system reduces energy usage by a minimum of 20
percent.
(2)(a) Except as otherwise provided in this section, a
contracting agency, for the purpose described in paragraph (b) of
this subsection, each biennium shall set aside in an account in
the contracting agency's operating fund an amount equal to 1.5
percent of the amount the contracting agency budgeted for public
improvement contracts for the biennium.
(b) The contracting agency shall dedicate the amount set aside
under paragraph (a) of this subsection for the purpose of
including appropriate solar energy technology in the
construction, reconstruction or major renovation of public
buildings for which the contracting agency awards public
improvement contracts.
(c) A contracting agency may exclude from the amount that is
subject to the provisions of paragraphs (a) and (b) of this
subsection the amount that the contracting agency budgeted for
the reconstruction or major renovation of a public building if
the cost of the reconstruction or major renovation does not
exceed 50 percent of the value of the public building. + }
{ - (2) - } { + (3) + } Before entering into a public
improvement contract
{ - described in subsection (1) of this section, - } { + for
the construction, reconstruction or major renovation of a public
building, + } a contracting agency shall { - prepare a written
determination of - } { + determine in writing + } whether
{ - the inclusion of - } { + including + } solar energy
technology in the construction, reconstruction or major
renovation of the public building is appropriate. The contracting
agency shall include in the determination the total contract
price and the amount the agency intends to expend on { - the
inclusion of - } { + including + } solar energy technology in
the public building. The State Department of Energy shall develop
a form { - usable by - } { + that + } contracting agencies
{ - for preparing - } { + may use to prepare + } the written
determination described in this subsection.
{ - (3) - } { + (4) + } If the contracting agency
determines that { - it would be inappropriate to include - }
{ + including + } solar energy technology in the construction,
reconstruction or major renovation of the public building { + is
not appropriate + }, { - subsection (1) of this section does
not apply to the public improvement contract. However: - } { +
the contracting agency does not need to dedicate a portion of the
amount set aside in subsection (1)(a) of this section for the
purpose of including solar energy technology in the construction,
reconstruction or major renovation of the public building. The
contracting agency may not, however, reduce the amount set aside
under subsection (1)(a) of this section as a consequence of
making the determination described in this subsection. + }
{ - (a) The contracting agency shall spend an amount equal to
at least 1.5 percent of the total contract price on the inclusion
of appropriate solar energy technology in a future public
building project; and - }
{ - (b) The amount spent by the contracting agency on the
future public building project pursuant to paragraph (a) of this
subsection is in addition to any amount required under subsection
(1) of this section for the inclusion of appropriate solar energy
technology in the future public building project. - }
{ - (4) Subsection (3)(a) and (b) of this section does not
apply to a public improvement contract for which no state funds
are directly or indirectly used. - }
(5) This section does not exempt an authorized state agency, as
defined in ORS 276.905, from complying with ORS 276.900 to
276.915, except that an authorized state agency, without
complying with ORS 276.900 to 276.915, may determine that solar
energy technology { - described in this section - } is
appropriate for inclusion in the construction, reconstruction or
major renovation of a public building.
{ - (6)(a) As used in this section, 'public building' means a
building owned or controlled by a public body, as defined in ORS
174.109, and: - }
{ - (A) Used or occupied by employees of the public body;
or - }
{ - (B) Used for conducting public business. - }
{ - (b) - } { + (6) + } Notwithstanding the provisions of
ORS 174.108 (3), { + for the purposes of + }this
section { + , + } { - applies to - } { + an + }
intergovernmental { - entities - } { + entity + } described
in ORS 174.108 (3) { + is a public body as defined in ORS
174.109 + }.
SECTION 2. ORS 279C.528 is amended to read:
279C.528. { + A + } public improvement { - contracts - }
{ + contract that is + } subject to ORS 279C.527 { - are - }
{ + is + } also subject to rules adopted by the State
Department of Energy that include, but are not limited to,
requirements and specifications for:
(1) Using { + a + } particular solar energy { - systems or
technologies - } { + technology + } in { + a + } public
{ - improvements - } { + improvement + };
(2) Determining the cost-effectiveness of { + a + } solar
energy
{ - systems or technologies - } { + technology + };
(3) Reporting the use of { + a + } solar energy { - systems
or technologies - } { + technology + } in { + a + } public
{ - improvements - } { + improvement + } or submitting { +
a + } { - documents - } { + document + } to the department
for review, as appropriate; and
(4) Determining whether a structure is a public building
subject to the requirements of ORS 279C.527.
SECTION 3. { + The amendments to ORS 279C.527 and 279C.528 by
sections 1 and 2 of this 2011 Act apply to a contract that a
contracting agency first advertises or otherwise solicits on or
after the operative date set forth in section 4 of this 2011 Act
or, if the contracting agency does not advertise or solicit the
contract, to a contract that the contracting agency enters into
on or after the operative date set forth in section 4 of this
2011 Act. + }
SECTION 4. { + (1) The amendments to ORS 279C.527 and 279C.528
by sections 1 and 2 of this 2011 Act become operative on the 91st
day following the effective date of this 2011 Act.
(2) The Director of the State Department of Energy, the
Director of the Oregon Department of Administrative Services, the
Attorney General or a contracting agency that adopts rules under
ORS 279A.065 may take any action before the operative date
specified in subsection (1) of this section that is necessary to
enable the director, the Attorney General or the contracting
agency to exercise, on and after the operative date specified in
subsection (1) of this section, all of the duties, functions and
powers conferred on the director, the Attorney General or the
contracting agency by the amendments to ORS 279C.527 and 279C.528
by sections 1 and 2 of this 2011 Act. + }
SECTION 5. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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