Bill Text: OR HB3169 | 2013 | Regular Session | Enrolled
Bill Title: Relating to green energy technology in public buildings; and declaring an emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-07-02 - Governor signed. [HB3169 Detail]
Download: Oregon-2013-HB3169-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 3169
Sponsored by Representative HOLVEY
CHAPTER ................
AN ACT
Relating to green energy technology 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, 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) { + (A) + } 'Green energy technology' means
{ - technology or - } a system that employs:
{ - (A) - } { + (i) Solar or + }geothermal
{ - electricity generation or direct use of geothermal - }
energy { + directly + } for space or water heating { + or to
generate electricity; or
(ii) Building design + }that { - reduces - } { + uses
solar energy passively to reduce + } energy use from other
sources by at least 20 percent from a level { + required under
ORS 276.900 to 276.915 or achieved in buildings constructed
according to state building code standards that the Department of
Consumer and Business Services approves under ORS 455.496. + }
{ - 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
Enrolled House Bill 3169 (HB 3169-A) Page 1
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) 'Green energy technology' does not include a system
that:
(i) Uses water, groundwater or the ground as a heat source at
temperatures less than 140 degrees Fahrenheit; or
(ii) Incorporates solar energy indirectly into other methods
for generating energy, such as from the action of waves on water,
from hydroelectric facilities or from wind-powered turbines. + }
(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) { + (a) + } 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, shall contain { + and reserve + } an amount equal to
at least 1.5 percent of the total contract price for the
{ - inclusion of - } { + purpose of including + } appropriate
green energy technology { - in - } { + as part of the
construction, reconstruction or major renovation of + } the
public building.
{ + (b) A public improvement contract to construct,
reconstruct or renovate a public building may provide for
constructing green energy technology at a site that is located
away from the site of the public building if:
(A) Constructing green energy technology away from the site of
the public building and using the energy from the green energy
technology at the site of the public building is more
cost-effective, taking into account additional costs associated
with transmitting generated energy to the site of the public
building, than is constructing and using green energy technology
at the site of the public building;
(B) The green energy technology that is located away from the
site of the public building is located within this state and in
the same county as, or in a county adjacent to, the site of the
public building; and
(C) The public improvement contract provides that all of the
moneys for constructing green energy technology away from the
site of the public building must fund new energy generating
capacity that does not replace or constitute a purchase and use
of energy generated from green energy technology that:
(i) Employs solar energy and that existed on the date that the
original building permit for the public building was issued; or
(ii) Employs geothermal energy and for which construction was
completed before January 1, 2013.
(c) In making the determination required under paragraph (b)(A)
of this subsection, a contracting agency shall:
(A) Compare the costs of constructing green energy technology
that employs solar energy at the site of the public building only
with the corresponding costs of green energy technology that
employs solar energy at a location away from the site of the
public building; and
(B) Compare the costs of green energy technology that employs
geothermal energy at the site of the public building only with
Enrolled House Bill 3169 (HB 3169-A) Page 2
the corresponding costs of green energy technology that employs
geothermal energy at a location away from the site of the public
building. + }
(3) 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 - } { + as part of + } 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 { + specify + } the
amount the agency intends to expend on { - the inclusion of - }
{ + including + } green energy technology { - in the public
building - } { + as part of the construction, reconstruction or
major renovation + }. The State Department of Energy shall
develop a form { + that + } a contracting agency may use to
prepare the written determination described in this subsection.
(4) { + (a) + } If the contracting agency determines that
{ - including green energy technology in the construction,
reconstruction or major renovation of the public building - }
{ + green energy technology + } is not appropriate { + for the
public building + }, subsection (2) of this section does not
apply to the public improvement contract.
{ - However: - } { + A contracting agency's determination
under this paragraph must consider whether constructing green
energy technology at the site of the public building is
appropriate and whether constructing green energy technology away
from the site of the public building and in accordance with
subsection (2)(b) and (c) of this section is appropriate.
(b) If subsection (2) of this section does not apply to the
public improvement contract: + }
{ - (a) - } { + (A) + } The contracting agency shall spend
an amount equal to at least 1.5 percent of the total contract
price { - on the inclusion of - } { + to include + }
appropriate green energy technology { - in - } { + as part of
+ }a future public building project; and
{ - (b) - } { + (B) + } The amount the contracting agency
spends on the future public building project { - pursuant to
paragraph (a) of this subsection - } { + in accordance with
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 - } { + as part of + } the future
public building project.
(5) Subsection (4) { + (b) + } of this section does not apply
to a public improvement contract for which state funds are not
directly or indirectly used.
(6) { + (a) + } 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 - }
{ + as part of + } the construction, reconstruction or major
renovation of a public building.
{ + (b) A contracting agency may not use an amount described
in subsection (4)(b) of this section to comply with requirements
set forth in ORS 276.900 to 276.915 or with a state building code
standard that the Department of Consumer and Business Services
approves under ORS 455.496. + }
Enrolled House Bill 3169 (HB 3169-A) Page 3
(7) Notwithstanding the provisions of ORS 174.108 (3), this
section applies to intergovernmental entities described in ORS
174.108 (3).
SECTION 2. ORS 279C.528, as amended by section 2, chapter 83,
Oregon Laws 2012, is amended to read:
279C.528. { + (1) + } { - Public improvement contracts
subject to ORS 279C.527 are also - } { + Each contracting
agency, in soliciting, awarding and administering public
improvement contracts that are subject to ORS 279C.527, is + }
subject to rules the State Department of Energy adopts that
include, but are not limited to, requirements and specifications
for:
{ - (1) - } { + (a) + } Using particular green energy
technologies in public improvements;
{ - (2) - } { + (b) + } Determining the cost-effectiveness
of green energy technologies;
{ - (3) - } { + (c) + } { - Reporting the use of green
energy technologies in public improvements or - } Submitting
documents { + required under ORS 279C.527 + } to the department
for review { - , as appropriate - } ; and
{ - (4) - } { + (d) + } Determining whether a structure is
a public building subject to the requirements of ORS 279C.527.
{ + (2)(a) Each contracting agency shall collect and maintain
information concerning the contracting agency's compliance with
ORS 279C.527, which must include, at a minimum:
(A) Records that show how the contracting agency disposed of
moneys the contracting agency reserved for including appropriate
green energy technology as part of constructing, reconstructing
or renovating a public building;
(B) An identification of each public improvement contract for
which the contracting agency spent moneys reserved for including
appropriate green technology as part of constructing,
reconstructing or renovating a public building;
(C) An identification of each public improvement contract for
which the contracting agency determined that including green
technology as part of constructing, reconstructing or renovating
a public building was not appropriate;
(D) An identification of the account or fund into which the
contracting agency deposited moneys the contracting agency
reserved for, but did not spend on, including appropriate green
technology as part of constructing, reconstructing or renovating
a public building; and
(E) An identification of each public improvement contract that
uses moneys the contracting agency did not spend in a previous
public improvement contract for including appropriate green
energy technology as part of constructing, reconstructing or
renovating a public building.
(b) Each contracting agency shall compile the information the
contracting agency collected under paragraph (a) of this
subsection and report the information to the department at times
and in a manner the department specifies by rule.
(c) The department shall:
(A) Compile and summarize the information the department
receives under paragraph (b) of this subsection and, in the
department's compilation and summary, specifically:
(i) Identify contracting agencies that have not complied with
the requirements of ORS 279C.527;
(ii) Identify public improvement contracts for which
contracting agencies have determined that including green energy
Enrolled House Bill 3169 (HB 3169-A) Page 4
technology as part of constructing, reconstructing or renovating
a public building was not appropriate; and
(iii) Identify public improvement contracts that use moneys a
contracting agency did not spend in a previous public improvement
contract on including appropriate green energy technology as part
of constructing, reconstructing or renovating a public building.
(B) Deliver annually to the Legislative Assembly, on or before
the date on which each regular session of the Legislative
Assembly begins, a report concerning contracting agency
compliance with ORS 279C.527 that includes the compilation and
summary the department prepared under subparagraph (A) of this
paragraph. + }
SECTION 3. { + The amendments to ORS 279C.527 and 279C.528 by
sections 1 and 2 of this 2013 Act apply to a contract for the
construction, reconstruction or major renovation of 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. + }
SECTION 4. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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Enrolled House Bill 3169 (HB 3169-A) Page 5
Passed by House June 19, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate June 25, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3169 (HB 3169-A) Page 6
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3169 (HB 3169-A) Page 7
