Bill Text: OR HB2713 | 2013 | Regular Session | Introduced
Bill Title: Relating to electricity from hydroelectric facilities used to comply with a renewable portfolio standard.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2713 Detail]
Download: Oregon-2013-HB2713-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 2760
House Bill 2713
Sponsored by Representative SMITH; Representatives BERGER,
ESQUIVEL, HUFFMAN, JOHNSON
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.
Specifies that electricity from hydroelectric facility located
on those portions of Columbia River that abut Oregon qualifies
for renewable portfolio standard to extent that electricity
generated is attributable to Oregon's share of electricity.
A BILL FOR AN ACT
Relating to electricity from hydroelectric facilities used to
comply with a renewable portfolio standard; amending ORS
469A.020 and 469A.025.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 469A.020 is amended to read:
469A.020. (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) + } A facility that becomes operational on or after January
1, 1995 { - . - } { + ; or
(b) A hydroelectric facility located on those portions of the
Columbia River that abut Oregon to the extent that the
electricity generated is attributable to Oregon's share of the
electricity. + }
(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) { + In addition to electricity from a hydroelectric
facility described in subsection (1)(b) of this section, + }
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) { + In addition to electricity from a hydroelectric
facility described in subsection (1)(b) of this section, and + }
subject to the limit imposed by ORS 469A.025 (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)(a) 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, regardless of whether the facility qualifies under
the requirements of the Public Utility Commission.
(b) Renewable energy certificates derived from electricity
generated by a facility that qualifies under paragraph (a) of
this subsection may not be used to comply with a renewable
portfolio standard before January 1, 2026. However, renewable
energy certificates issued before January 1, 2026, may be banked
pursuant to ORS 469A.005 to 469A.210 for use on or after January
1, 2026.
(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. Renewable energy
certificates derived from electricity generated by a facility
described in this subsection may not be used to comply with a
renewable portfolio standard before January 1, 2026. However,
renewable energy certificates issued before January 1, 2026, may
be banked pursuant to ORS 469A.005 to 469A.210 for use on or
after January 1, 2026.
SECTION 2. ORS 469A.025 is amended to read:
469A.025. (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.
{ + (e) Electricity from a hydroelectric facility described
in ORS 469A.020 (1)(b). + }
(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 (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 { + not
described in ORS 469A.020 (1)(b) + } 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 to
390.925; or
(b) The electricity is attributable to efficiency upgrades made
to the facility on or after January 1, 1995.
(5)(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 (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 (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)(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 to 469B.169.
(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 (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.
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