Bill Text: OR HB2797 | 2013 | Regular Session | Introduced
Bill Title: Relating to green energy technology use in public buildings.
Sponsorship: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2797 Detail]
Download: Oregon-2013-HB2797-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 1012
House Bill 2797
Sponsored by COMMITTEE ON ENERGY AND ENVIRONMENT
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 1.5 percent of public
improvement contract price for including green energy technology
in renovation of public building if cost of renovation exceeds $1
million.
Requires State Department of Energy to establish technical
advisory committee to review contracting agency determination of
whether including green energy technology in public building is
feasible. Requires contracting agency to spend amount not used
for green energy technology in public building on future or
alternative public building project within one year.
Removes Oregon University System exemption from requirement to
spend 1.5 percent of public improvement contract price on
including green energy technology.
A BILL FOR AN ACT
Relating to green energy technology use in public buildings;
creating new provisions; amending ORS 279C.527 and 351.086.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 279C.527, as amended by section 1, chapter 83,
Oregon Laws 2012, is amended to read:
279C.527. (1) As used in this section and in ORS 279C.528:
(a) 'Green energy technology' means technology or a system that
employs:
(A) Geothermal electricity generation or direct use of
geothermal energy for space or water heating that reduces energy
use from other sources by at least 20 percent from a level
otherwise specified by law:
(i) At the site of a public building; or
(ii) Away from the site of a public building if the geothermal
source is within this state and is in the same county as the
public building or an adjacent county, if using energy from a
geothermal source that is away from the site of the public
building is more cost-effective than using geothermal energy from
a source at the site of the public building, if generating or
using geothermal energy at the site of the public building is not
feasible and if in addition to geothermal energy the public
building includes additional new capacity for renewable
electricity generation.
(B) Solar electricity generation, solar thermal generation or
passive solar energy generation, if the system that employs
passive solar energy generation reduces energy use from other
sources by at least 20 percent from a level otherwise specified
by law:
(i) At the site of a public building; or
(ii) Away from the site of a public building if the solar
energy source is within this state and is in the same county as
the public building or an adjacent county, if using energy from a
solar energy source that is away from the site of the public
building is more cost-effective than using solar energy from a
source at the site of the public building, if generating or using
solar energy at the site of the public building is not feasible
and if in addition to solar energy the public building includes
additional new capacity for renewable electricity generation.
(b) 'Public building' means a building that a public body, as
defined in ORS 174.109, owns or controls, and that is:
(A) Used or occupied by employees of the public body; or
(B) Used for conducting public business.
(2) 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 - } { + $1
million + }, shall contain an amount equal to at least 1.5
percent of the total contract price for the inclusion of
appropriate green energy technology in the public building.
(3) { + (a) + } Before entering into a public improvement
contract described in subsection (2) of this section, a
contracting agency shall prepare a written determination of
whether { - the inclusion of - } { + including + } green
energy technology in the construction, reconstruction or major
renovation of the public building is appropriate. The contracting
agency shall { - include - } { + list + } in the
determination the total contract price and the amount the agency
intends to expend on { - the inclusion of - } { +
including + } green energy technology in the public building.
{ + (b) + } The State Department of Energy shall { + :
(A) + } Develop a form { + that + } a contracting agency may
use to prepare the written determination described in this
subsection { + .
(B) Establish by rule a technical advisory committee and a
process to review the written determinations contracting agencies
make under paragraph (a) of this subsection. The department by
rule shall prescribe the qualifications for membership on the
technical advisory committee and the criteria the committee will
apply to review the contracting agencies' determinations + }.
(4) { + (a) + } If the contracting agency determines that
including green energy technology in the construction,
reconstruction or major renovation of the public building is not
appropriate { + and the department, in consultation with the
department's technical advisory committee, agrees in writing with
the contracting agency's determination + }, subsection (2) of
this section does not apply to the public improvement contract.
{ - However: - }
{ + (b) If subsection (2) of this section does not apply to
the public improvement contract: + }
{ - (a) - } { + (A) + } The contracting agency shall
spend { + , within one year after constructing, reconstructing or
renovating the public building that is initially subject to the
requirement under subsection (2) of this section, + }an amount
equal to at least 1.5 percent of the total contract price { + of
the public building the contracting agency constructed,
reconstructed or renovated + } on { - the inclusion of - }
{ + including + } appropriate green energy technology in a
future public building project { + or an alternative public
building project, provided that the department, after consulting
with the department's technical advisory committee, approves in
writing of the contracting agency's decision to include green
energy technology in the future or alternative public building
project + }; and
{ - (b) - } { + (B) + } The amount the contracting agency
spends on the future { + or alternative + } public building
project pursuant to
{ - paragraph (a) of this subsection - } { + subparagraph (A)
of this paragraph + } is in addition to any amount required under
subsection (2) of this section for { - the inclusion of - }
{ + including + } appropriate green energy technology in the
future { + or alternative + } public building project.
(5) Subsection (4) of this section does not apply to a public
improvement contract { - for which - } { + that does not
use + } state funds
{ - are not - } directly or indirectly { - used - } .
(6) 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 green
energy technology is appropriate to include in the construction,
reconstruction or major renovation of a public building.
(7) Notwithstanding the provisions of ORS 174.108 (3), this
section applies to intergovernmental entities described in ORS
174.108 (3).
SECTION 2. ORS 351.086, as amended by section 48, chapter 104,
Oregon Laws 2012, is amended to read:
351.086. (1) Except as otherwise provided in this chapter and
ORS chapter 352, the provisions of ORS chapters 182, 240, 270,
273, 276, 278, 279A, 279B, 279C, 282, 283, 291 and 292 and ORS
180.060, 180.160, 180.210, 180.220, 180.225 and 180.230 do not
apply to the Oregon University System.
(2) Notwithstanding subsection (1) of this section, the
provisions of ORS 182.100, 182.109, 240.167, 276.073 to 276.090,
279A.065 (2), 279B.055 (3), 279C.380 (1)(a) and (3), { +
279C.527, 279C.528, + } 279C.600 to 279C.625, 279C.800, 279C.810,
279C.825, 279C.830, 279C.835, 279C.840, 279C.845, 279C.850,
279C.855, 279C.860, 279C.865, 279C.870, 283.085 to 283.092,
291.200, 291.201 to 291.222, 291.223, 291.224 (2) and (6),
291.226, 291.272 to 291.278, 291.322 to 291.334, 291.405,
291.407, 291.445, 292.043 and 292.044 apply to the Oregon
University System.
(3) Notwithstanding subsection (1) of this section, ORS 273.413
to 273.456 apply to any structure, equipment or asset owned by
the Oregon University System that is encumbered by a certificate
of participation.
(4) Notwithstanding subsection (6) of this section:
(a) The provisions of ORS chapters 35, 190, 192, 244 and 297
and ORS 30.260 to 30.460, 184.480, 184.483, 184.486, 184.488,
200.005 to 200.025, 200.045 to 200.090, 200.100 to 200.120,
200.160 to 200.200, 236.605 to 236.640, 243.650 to 243.782,
243.800, 243.820, 243.830, 243.850, 243.910 to 243.945, 307.090
and 307.112 apply to the Oregon University System under the same
terms as they apply to other public bodies other than the State
of Oregon.
(b) The provisions of ORS chapter 286A and ORS 293.115,
293.117, 293.130, 293.169, 293.171, 293.205 to 293.225, 293.250,
293.265 to 293.280, 293.285, 293.295, 293.321, 293.353, 293.375,
293.406, 293.465 to 293.485, 293.490, 293.495, 293.525, 293.701
to 293.820, 293.875, 293.880 and 293.990 apply to the Oregon
University System under the same terms as they apply to state
agencies with moneys held by the State Treasurer, to the Oregon
University System Fund established in ORS 351.506 and to any
other moneys deposited with or held by the State Treasurer for
the Oregon University System.
(5) Notwithstanding subsections (1) and (6) of this section,
the Oregon University System and its agents and employees remain
subject to all statutes and administrative rules of this state
that create rights, benefits or protections in favor of military
veterans, service members and families of service members to the
same extent as an agency of this state would be subject to such
statutes and administrative rules.
(6)(a) Except as provided by paragraph (b) of this subsection,
the Oregon University System, as a distinct governmental entity,
is not subject to any provision of law enacted after January 1,
2011, with respect to any governmental entity, that is unique to
governmental entities, unless the provision specifically provides
that it applies to the Oregon University System.
(b) To the same extent as state agencies that borrow through
the State Treasurer or that have moneys held in the State
Treasury, the Oregon University System is subject to any
provision of law enacted after January 1, 2011, that relates to
or affects the borrowings of the Oregon University System through
the State Treasurer or the deposit, payment or investment of
moneys held in the Oregon University System Fund or any other
moneys held for the Oregon University System in the State
Treasury.
(7) In carrying out the duties, functions and powers imposed by
law upon the Oregon University System, the State Board of Higher
Education or the Chancellor of the Oregon University System may
contract with any public agency for the performance of such
duties, functions and powers as the board or chancellor considers
appropriate.
SECTION 3. { + The amendments to ORS 279C.527 and 351.086 by
sections 1 and 2 of this 2013 Act apply to a contract for
constructing, reconstructing or renovating a public building that
a contracting agency first advertises or otherwise solicits or,
if the contracting agency does not advertise or solicit the
contract, to a contract into which the contracting agency first
enters on or after the effective date of this 2013 Act. + }
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