Bill Text: OR HB3511 | 2013 | Regular Session | Introduced


Bill Title: Relating to public purpose expenditure standard; appropriating money; providing for revenue raising that requires approval by a three-fifths majority.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3511 Detail]

Download: Oregon-2013-HB3511-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 3871

                         House Bill 3511

Sponsored by Representative CONGER

                             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.

  Establishes program to provide financial assistance to Oregon
students pursuing post-secondary education, including technical,
professional and career training. Establishes Oregon Student
Opportunity Fund and continuously appropriates moneys in fund
to _____ to administer program. Establishes annual public purpose
expenditure standard to fund program. Sunsets provisions related
to program on January 1, 2026.
  Repeals statute establishing annual public purpose expenditure
standard for electric companies and Oregon Community Power.
Abolishes related funds. Transfers duties, functions and powers
related to small scale local energy projects from Public Purpose
Fund Administrator to Director of State Department of Energy.
Makes conforming changes.

                        A BILL FOR AN ACT
Relating to public purpose expenditure standard; creating new
  provisions; amending ORS 456.587, 458.515, 468A.040, 469A.200,
  470.050, 470.510, 470.515, 470.530, 470.550, 470.555, 470.560,
  470.815, 757.365, 757.649, 757.659, 757.679, 757.689 and
  757.872 and sections 43 and 45, chapter 753, Oregon Laws 2009;
  repealing ORS 297.300, 456.587, 757.612, 757.617 and 757.687
  and sections 3 and 4, chapter 566, Oregon Laws 2011;
  appropriating money; and providing for revenue raising that
  requires approval by a three-fifths majority.
Be It Enacted by the People of the State of Oregon:

                               { +
STUDENT OPPORTUNITY INITIATIVE + }

  SECTION 1.  { + The Legislative Assembly finds and declares
that a fund for the support of a program designed to meet the
financial needs of Oregon students for up to two years of
post-secondary education, including technical, professional and
career training, can be created through a public purpose
expenditure standard and that such a fund is necessary to meet
the educational and professional goals of this state. + }
  SECTION 2.  { + The _____ shall by rule establish and
administer a student opportunity program. The purposes of the
program are to:
  (1) Provide assistance to meet the financial needs of Oregon
students for up to two years of post-secondary education,
including technical, professional and career training, provided
by an educational institution as defined in ORS 348.105.
  (2) Identify or develop incentives and opportunities to improve
on-time graduation rates for post-secondary education programs,
including technical, professional and career training programs.
  (3) Identify or engage in opportunities to leverage moneys in
the Oregon Student Opportunity Fund established in section 3 of
this 2013 Act with private sector funds to benefit Oregon
students.
  (4) Encourage student participation in educational initiatives
designed to improve student performance in science, technology,
engineering and mathematics.
  (5) Encourage, in consultation with the Bureau of Labor and
Industries, development of apprenticeship and vocational training
programs. + }
  SECTION 3.  { + The Oregon Student Opportunity Fund is
established, separate and distinct from the General Fund. The
Oregon Student Opportunity Fund consists of moneys transferred to
the fund under section 5 of this 2013 Act. Moneys in the fund are
continuously appropriated to the _____ for the purpose of
administering the student opportunity program established in
section 2 of this 2013 Act. + }
  SECTION 3a. Section 3 of this 2013 Act is amended to read:
   { +  Sec. 3. + } The Oregon Student Opportunity Fund is
established, separate and distinct from the General Fund.
 { - The Oregon Student Opportunity Fund consists of moneys
transferred to the fund under section 5 of this 2013 Act. - }
Moneys in the fund are continuously appropriated to the _____ for
the purpose of administering the student opportunity program
established in section 2 of this 2013 Act.
  SECTION 4.  { + Section 5 of this 2013 Act is added to and made
a part of ORS 757.600 to 757.689. + }
  SECTION 5.  { + (1) There is established an annual public
purpose expenditure standard for electric companies and Oregon
Community Power for the purpose of funding the student
opportunity program established in section 2 of this 2013 Act.
The public purpose expenditure standard shall be funded by the
public purpose charge described in subsection (2) of this
section.
  (2)(a) Beginning on the date an electric company or Oregon
Community Power offers direct access to its retail electricity
consumers that are not residential electricity consumers, the
electric company or Oregon Community Power shall collect a public
purpose charge from all of the retail electricity consumers
located within its service territory. Except as provided in
paragraph (b) of this subsection, the public purpose charge shall
be equal to three percent of the total revenues collected by the
electric company or Oregon Community Power, or an electricity
service supplier from the electricity service supplier's retail
electricity consumers, for electricity services, distribution
services, ancillary services, metering and billing, transition
charges and other types of costs included in electric rates as
identified by the Public Utility Commission by rule or order.
  (b) For an aluminum plant that averages more than 100 average
megawatts of electricity use per year, the electric company or
Oregon Community Power whose territory abuts the greatest
percentage of the site of the aluminum plant shall collect from
the aluminum plant a public purpose charge equal to one percent
of the total revenue from the sale of electricity services to the
aluminum plant from any source.
  (3) Moneys collected by an electric company or Oregon Community
Power under this section shall be transferred to the _____ and
the _____ shall deposit the moneys in the Oregon Student
Opportunity Fund established in section 3 of this 2013 Act for
the purpose of funding the student opportunity program
established in section 2 of this 2013 Act.
  (4) The commission shall adopt rules implementing the
provisions of this section. + }
  SECTION 6.  { + (1) Section 5 of this 2013 Act is repealed on
January 2, 2016.
  (2) The amendments to section 3 of this 2013 Act by section 3a
of this 2013 Act become operative on January 2, 2016. + }

                               { +
REPEALS + }

  SECTION 7.  { + ORS 297.300, 757.612, 757.617 and 757.687 and
sections 3 and 4, chapter 566, Oregon Laws 2011, are
repealed. + }

                               { +
TRANSFER OF DUTIES AND POWERS RELATED + }
                               { +
TO SMALL SCALE LOCAL ENERGY PROJECTS + }

  SECTION 8. { +  All the duties, functions and powers of the
Public Purpose Fund Administrator under ORS chapter 470 are
imposed upon, transferred to and vested in the Director of the
State Department of Energy. + }
  SECTION 9.  { + The Public Purpose Fund Administrator shall
deliver to the Director of the State Department of Energy all
records that relate to the duties, functions and powers
transferred by section 8 of this 2013 Act. + }
  SECTION 10.  { + The transfer of duties, functions and powers
to the Director of the State Department of Energy by section 8 of
this 2013 Act does not affect any action, proceeding or
prosecution involving or with respect to such duties, functions
and powers begun before and pending at the time of the
transfer. + }
  SECTION 11.  { + (1) Nothing in sections 8 to 11 of this 2013
Act or the amendments to ORS 470.555 and section 43, chapter 753,
Oregon Laws 2009, by sections 12 and 13 of this 2013 Act relieves
a person of a liability, duty or obligation accruing under or
with respect to the duties, functions and powers transferred by
section 8 of this 2013 Act. The Director of the State Department
of Energy may undertake the collection or enforcement of any such
liability, duty or obligation.
  (2) The rights and obligations of the Public Purpose Fund
Administrator legally incurred under contracts, leases and
business transactions executed, entered into or begun before the
effective date of this 2013 Act are transferred to the director.
For the purpose of succession to these rights and obligations,
the director is a continuation of the administrator and not a new
authority. + }
  SECTION 12. ORS 470.555 is amended to read:
  470.555. (1) Except as provided in subsection (2) of this
section, if a sustainable energy territory is all or part of the
service territory for an investor-owned electric utility, the
  { - Public Purpose Fund Administrator - }   { + Director of the
State Department of Energy + } shall be the sustainable energy
project manager for the sustainable energy territory.   { - The
Public Purpose Fund Administrator shall inform the Public Utility
Commission and the State Department of Energy of the activities
of the administrator by filing a yearly action plan and an
end-of-year report with the commission and the department. - }
  (2) For a sustainable energy territory described in ORS 470.530
(3)(b), if the local gas utility is an investor-owned utility,
the utility may act as the project manager for the territory or
may contract with the   { - Public Purpose Fund Administrator - }
 { + director + } to act as project manager on behalf of the
utility.

  (3) If a territory is served by a consumer-owned utility and is
outside the service territory of an investor-owned electric
utility, the consumer-owned utility shall be the project manager
if the utility agrees to promote energy efficiency and
sustainable technology loans as part of any energy efficiency or
renewable energy program offered by the utility. A consumer-owned
utility may conduct energy efficiency and renewable energy
programs within the territory of the utility regardless of
whether the territory is served by an energy efficiency and
sustainable technology loan program. A consumer-owned utility may
decline to participate in the energy efficiency and sustainable
technology loan program.
  (4) If a customer is served by both an investor-owned gas
utility and a consumer-owned electric utility that have energy
efficiency and sustainable technology loan programs, the utility
that supplies the customer's primary source of heat for the
property shall supply loan program services for that customer.
  (5) The existence of an energy efficiency and sustainable
technology loan program, or the appointment of a sustainable
energy project manager, in a sustainable energy territory does
not prevent a consumer-owned utility from conducting any energy
efficiency or renewable energy program offered by the utility. If
the consumer-owned utility declines to become the project manager
for the territory, the utility may:
  (a) Continue with existing utility services and policies; or
  (b) Work with the director   { - of the State Department of
Energy - }  to solicit and select a qualified entity to serve as
the project manager as described in ORS 470.535 and 470.540.
  (6) Subject to approval by the director, a project manager may
contract with a qualified third party to assist the project
manager in providing project manager services within the
territory. If a sustainable energy territory is served by a
project manager, the appointment of additional project managers
shall be a subcontract approved by the existing project manager.
If the third party is acting as a financier, the third party is
not required to comply with laws regulating utilities based on
the actions of the third party as a financier. The project
manager may enter into agreements with trade associations and
other public and private entities for the promotion or marketing
of the energy efficiency and sustainable technology loan program.
  (7)   { - The Public Purpose Fund Administrator and - }
 { + The director and + } sustainable energy project managers
shall cooperate with, and coordinate their outreach and
promotional efforts with, local utilities and other stakeholders
to promote energy efficiency and renewable energy and to use the
customer contacts, resources and capacity of utilities to engage
and inform utility customers about the energy efficiency and
sustainable technology loan program.
  { - The Public Purpose Fund Administrator and - }   { + The
director and + } project managers shall coordinate with gas
utilities regarding any changes to a gas pipeline and with
electric utilities regarding electric charging or any changes to
electrical connections that are external to a structure.
 { - The Public Purpose Fund Administrator and - }   { + The
director and + } project managers shall coordinate with a gas
utility regarding the installation of appliances used for space
heating, water heating and compressed natural gas refueling.
  SECTION 13. Section 43, chapter 753, Oregon Laws 2009, is
amended to read:
   { +  Sec. 43. + } (1) The   { - Public Purpose Fund
Administrator - }   { + Director of the State Department of
Energy + } shall initiate pilot programs in investor-owned
utility service territories to demonstrate the feasibility of
innovative approaches to financing and installing energy
efficiency and sustainable technology measures as described in
 { - sections 2 to 41 of this 2009 Act - }   { + ORS 470.500 to
470.710 + } in residences and commercial buildings in urban and
rural communities. The pilot programs shall test:
  (a) The effectiveness of direct contact, door-to-door, media
outlet and other community-focused outreach and solicitation
strategies designed to provide potential energy efficiency and
sustainable technology loan program participants with information
about energy efficiency and renewable energy opportunities under
the program and under similar local, state and federal incentive
programs;
  (b) The costs and benefits of taking alternative approaches to
energy audits, including but not limited to  { - , - }  the
identification of measures that are cost-effective and
time-effective, take advantage of economies of scale and produce
results that are accurate and are replicable for equivalent base
efficiency packages;
  (c) Ways to assist program participants in understanding and
accessing small scale local energy project funding and making
informed decisions in selecting appropriate energy efficiency and
renewable energy projects;
  (d) The effectiveness of various levels of loan offset grants
as an incentive to program participation;
  (e) The effectiveness of on-billing financing as a means of
loan repayment and the effectiveness of fixture filings, liens or
other forms of security for loans;
  (f) The feasibility and effectiveness of coordinated
installations of residential and commercial structure energy
packages overseen by a single project manager;
  (g) The manner in which the program interacts or conflicts with
existing consumer-owned utility loan programs and other utility
and regional energy efficiency programs;
  (h) The relative demand for loan program services among
residential and commercial properties and between low-income and
other households, and factors that influence that relative
demand;
  (i) The administrative costs and participation rates associated
with various forms of loan security; and
  (j) Other strategies and measures identified by the   { - State
Department of Energy - }  { +  director + } or the Public Utility
Commission.
    { - (2) The Public Purpose Fund Administrator shall report to
the commission no later than October 1, 2010. The administrator
shall provide a copy of the report to the State Department of
Energy. The report shall evaluate the effectiveness of the pilot
programs, and shall include an evaluation of the extent to which
various strategies and measures: - }
    { - (a) Help to produce significantly higher rates of energy
savings or renewable energy production; - }
    { - (b) Increase participation in energy efficiency and
renewable energy programs; - }
    { - (c) Increase the number of energy efficiency and
renewable energy measures installed per building; and - }
    { - (d) Reduce the administrative cost per building of
providing energy efficiency and renewable energy services. - }
    { - (3) The commission shall review the report and: - }
    { - (a) Order full implementation of the successful energy
efficiency and sustainable technology loan program measures and
strategies in investor-owned utility service territories; or - }
    { - (b) Order the partial implementation of energy efficiency
and sustainable technology loan program measures and strategies
and make recommendations to the Legislative Assembly for
appropriate statutory modification of the program. - }
    { - (4) - }   { + (2) + } When carrying out pilot programs
under this section, the   { - Public Purpose Fund
Administrator - }   { + director + } and sustainable energy
project managers shall cooperate and coordinate their efforts
with the efforts of local utilities and encourage utilities to
promote energy efficiency and renewable energy and to engage in
outreach and promotional efforts to inform customers of the
utility about the energy efficiency and sustainable technology
loan program. The   { - Public Purpose Fund Administrator - }
 { + director + } and project managers shall coordinate with gas
utilities regarding any changes to a gas pipeline and with
electric utilities regarding electric charging or any changes to
electrical connections that are external to a structure. The
 { - Public Purpose Fund Administrator - }   { + director + } and
project managers shall coordinate with a gas utility regarding
the installation of appliances used for space heating, water
heating and compressed natural gas refueling.

                               { +
CONFORMING AMENDMENTS + }

  SECTION 14. ORS 458.515 is amended to read:
  458.515. (1) The Director of the Housing and Community Services
Department shall appoint an advisory committee on energy whose
members:
  (a) Shall be appointed based on a demonstrated interest in and
knowledge of low income energy assistance programs;
  (b) Shall be broadly representative of organizations, fuel
providers and consumer groups that represent low income persons,
particularly elderly persons and persons with disabilities;
  (c) Shall have special qualifications with respect to solving
the energy consumption problems of low income persons;
 { + and + }
    { - (d) Must include a representative from each electric
company or Oregon Community Power whose ratepayers contribute
funding to the Housing and Community Services Department
Low-Income Electric Bill Payment Assistance Fund established in
ORS 456.587; and - }
    { - (e) - }   { + (d) + } Must include a representative of
the Citizens' Utility Board established under ORS chapter 774.
  (2) The committee shall meet not less than four times a year to
advise and assist the Housing and Community Services Department
in regard to rules, policies and programs regarding low income
energy assistance programs provided for under ORS 458.510.
  SECTION 15. ORS 468A.040 is amended to read:
  468A.040. (1) By rule the Environmental Quality Commission may
require permits for air contamination sources classified by type
of air contaminants, by type of air contamination source or by
area of the state. The permits shall be issued as provided in ORS
468.065. A permit subject to the federal operating permit program
shall be issued in accordance with the rules adopted under ORS
468A.310.
  (2) If a request for review of the final Department of
Environmental Quality action, or any part thereof, is made on an
application for a permit issued under the federal operating
permit program established under ORS 468A.310 in accordance with
the rules adopted by the commission, the effect of the contested
conditions and any conditions that are not severable from those
contested shall be stayed upon a showing that compliance with the
contested conditions during the pendency of the appeal would
require substantial expenditures or losses that would not be
incurred if the permittee prevails on the merits of the review
and there exists a reasonable likelihood of success on the
merits. The department may require that the contested conditions
not be stayed if the department finds that substantial
endangerment of public health or welfare would result from the
staying of the conditions.
  (3) Any source under an existing permit shall:
  (a) Comply with the conditions of the existing permit during
any modification or reissuance proceeding; and

  (b) To the extent conditions of any new or modified permit are
stayed under subsection (2) of this section, comply with the
conditions of the existing permit that correspond to the stayed
conditions, unless compliance would be technologically
incompatible with compliance with other conditions of the new or
modified permit that have not been stayed.
  (4) For purposes of this section, a small scale local energy
project, as defined in ORS 470.050   { - (27)(a) - }  { +
(26)(a) + }, located in a maintenance area or nonattainment area,
and any infrastructure related to that project located in the
same area, is considered to provide a net air quality benefit to
the extent required by this chapter if the project provides
reductions in each air contaminant in the maintenance area or
nonattainment area equal to the ratio specified in rules adopted
by the commission, unless the department determines that the
project will pose a material threat to compliance with air
quality standards in the maintenance area or nonattainment area.
  (5) As used in this section:
  (a) 'Maintenance area' has the meaning given that term in rules
adopted by the commission.
  (b) 'Nonattainment area' has the meaning given that term in
rules adopted by the commission.
  SECTION 16. ORS 469A.200 is amended to read:
  469A.200. If an electric company or electricity service
supplier that is subject to a renewable portfolio standard under
ORS 469A.005 to 469A.210 fails to comply with the standard in the
manner provided by ORS 469A.005 to 469A.210, the Public Utility
Commission may impose a penalty against the company or supplier
in an amount determined by the commission. A penalty under this
section is in addition to any alternative compliance payment
required or elected under ORS 469A.180. Moneys paid for penalties
under this section shall be   { - transmitted by the commission
to the nongovernmental entity receiving moneys under ORS 757.612
(3)(d) and may be used only for the purposes specified in ORS
757.612 (1) - }   { + deposited in the Public Utility Commission
Account established under ORS 756.305 for the purpose of
administering ORS 469A.005 to 469A.210 + }.
  SECTION 17. ORS 470.050 is amended to read:
  470.050. As used in this chapter, unless the context requires
otherwise:
  (1) 'Alternative fuel project' means:
  (a) Equipment, including vehicles that are not used primarily
for personal, family or household purposes, that is modified or
acquired directly from a factory and that:
  (A) Uses an alternative fuel including electricity, biofuel,
gasohol with at least 20 percent denatured alcohol content,
hydrogen, hythane, methane, methanol, natural gas, propane or any
other fuel approved by the Director of the State Department of
Energy; and
  (B) Produces lower exhaust emissions or is more energy
efficient than equivalent equipment fueled by gasoline or diesel;
and
  (b) A facility, including a fueling station, or equipment
necessary to produce alternative fuel or operate equipment that
uses an alternative fuel.
  (2) 'Applicant' means an applicant for a loan to construct a
small scale local energy project.
  (3) 'Base efficiency package' means the package of energy
efficiency upgrades or renewable energy projects for a property
that, when energy savings, project repayment costs, tax or other
incentives, loan offset grants and other relevant economic
factors are considered, is estimated to not increase the utility
bill of the customer over the loan repayment term.
  (4) 'Committee' means the Small Scale Local Energy Project
Advisory Committee created under ORS 470.070.

  (5) 'Cooperative' means a cooperative corporation organized
under ORS chapter 62.
  (6) 'Director' means the Director of the State Department of
Energy appointed under ORS 469.040.
  (7) 'Eligible federal agency' means a federal agency or public
corporation created by the federal government that proposes to
use a loan for a small scale local energy project. 'Eligible
federal agency' does not include a federal agency or public
corporation created by the federal government that proposes to
use a loan for a small scale local energy project to generate
electricity for sale.
  (8) 'Eligible state agency' means a state officer, board,
commission, department, institution, branch or agency of the
state whose costs are paid wholly or in part from funds held in
the State Treasury.
  (9) 'Energy efficiency and sustainable technology loan ' means
a loan for a small scale local energy project that is repayable
by means of:
  (a) A charge included with the participant's utility customer
account billing; or
  (b) An alternative repayment method identified by the
department and the borrower and specified in the loan agreement.
  (10) 'Energy Project Bond Loan Fund' means the fund established
under ORS 470.580.
  (11) 'Energy Project Supplemental Fund' means the fund
established under ORS 470.570.
  (12) 'Energy Revenue Bond Repayment Fund' means the fund
established under ORS 470.585.
  (13) 'Energy savings projection' means an examination of the
energy performance and site characteristics of a property that,
at a minimum, identifies:
  (a) A base efficiency package; and
  (b) Any additional optional measures that a customer is able to
repay and that the sustainable energy project manager believes to
be feasible for the site.
  (14) 'Jobs, Energy and Schools Fund' means the fund established
under ORS 470.575.
  (15) 'Loan' includes the purchase or other acquisition of
evidence of indebtedness and money used for the purchase or other
acquisition of evidence of indebtedness.
  (16) 'Loan contract' means the evidence of indebtedness and all
instruments used in the purchase or acquisition of the evidence
of indebtedness. For eligible federal or state agencies or
municipal corporations that are tax exempt entities, a loan
contract may include a lease purchase agreement with respect to
personal property.
  (17) 'Loan offset grant' means moneys from the Jobs, Energy and
Schools Fund that are used to help offset the initial project
costs or loan payments for energy efficiency, renewable energy
and energy conservation projects.
  (18) 'Loan repayment charge' means an amount charged to a
utility customer account through on-bill financing as a mechanism
for the repayment of an energy efficiency and sustainable
technology loan.
  (19) 'Municipal corporation' has the meaning given in ORS
297.405 and also includes any Indian tribe or authorized Indian
tribal organization or any combination of two or more of these
tribes or organizations acting jointly in connection with a small
scale local energy project.
  (20) 'On-bill financing' means a mechanism for collecting the
repayment of an energy efficiency and sustainable technology loan
through a utility customer account billing system.
  (21) 'Optional package' means measures for promoting energy
efficiency or the use of renewable energy:
  (a) That are in addition to the measures described in the
customer's base efficiency package;
  (b) For which a customer has the ability to repay; and
  (c) That the sustainable energy project manager believes to be
feasible for the site.
  (22) 'Oregon business' means a sole proprietorship,
partnership, company, cooperative, corporation or other form of
business entity that is organized or authorized to do business
under Oregon law for profit.
    { - (23) 'Public Purpose Fund Administrator' means the entity
designated by the Public Utility Commission to administer moneys
collected by a company through the public purpose charge
described under ORS 757.612. - }
    { - (24) - }   { + (23) + } 'Recycling project' means a
facility or equipment that converts waste into a new and usable
product.
    { - (25) - }   { + (24) + } 'Small business' means:
  (a) An Oregon business that is:
  (A) A retail or service business employing 50 or fewer persons
at the time the loan is made; or
  (B) An industrial or manufacturing business employing 200 or
fewer persons at the time the loan is made; or
  (b) An Oregon subsidiary of a sole proprietorship, partnership,
company, cooperative, corporation or other form of business
entity for which the total number of employees for both the
subsidiary and the parent sole proprietorship, partnership,
company, cooperative, corporation or other form of business
entity at the time the loan is made is:
  (A) Fifty or fewer persons if the subsidiary is a retail or
service business; and
  (B) Two hundred or fewer if the subsidiary is an industrial or
manufacturing business.
    { - (26) - }   { + (25) + } 'Small scale local energy program
loan' means a loan for a small scale local energy project other
than an energy efficiency and sustainable technology loan.
    { - (27) - }   { + (26) + } 'Small scale local energy
project' means any of the following:
  (a) A system, mechanism or series of mechanisms located
primarily in Oregon that directly or indirectly uses or enables
the use of, by the applicant or another person, renewable
resources including, but not limited to, solar, wind, geothermal,
biomass, waste heat or water resources to produce energy,
including heat, electricity and substitute fuels, to meet a local
community or regional energy need in this state.
  (b) A system, mechanism or series of mechanisms located
primarily in Oregon or providing substantial benefits to Oregon
that directly or indirectly conserves energy or enables the
conservation of energy by the applicant or another person,
including energy used in transportation.
  (c) A recycling project.
  (d) An alternative fuel project.
  (e) An improvement that increases the production or efficiency,
or extends the operating life, of a system, mechanism, series of
mechanisms or project otherwise described in this subsection,
including but not limited to restarting a dormant project.
  (f) A system, mechanism or series of mechanisms installed in a
facility or portions of a facility that directly or indirectly
reduces the amount of energy needed for the construction and
operation of the facility and that meets the sustainable building
practices standard established by the State Department of Energy
by rule. For purposes of this paragraph, 'system, mechanism or
series of mechanisms' includes related and integrated upgrades to
attain compliance with standards set in the State of Oregon
Structural Specialty Code and Fire and Life Safety Code, and
seismic safety upgrades.
  (g) A project described in paragraphs (a) to (f) of this
subsection, whether or not the existing project was originally
financed under this chapter, together with any refinancing
necessary to remove prior liens or encumbrances against the
existing project.
  (h) A project described in paragraphs (a) to (g) of this
subsection that conserves energy or produces energy by generation
or by processing or collection of a renewable resource.
    { - (28) - }   { + (27) + } 'Small Scale Local Energy Project
Administration and Bond Sinking Fund' means the fund created
under ORS 470.300.
    { - (29) - }   { + (28) + } 'Small Scale Local Energy Project
Loan Fund ' means the loan fund created by Article XI-J of the
Oregon Constitution and appropriated to the State Department of
Energy under ORS 470.130.
    { - (30) - }   { + (29) + } 'Sustainable energy project
manager' means the organization responsible for promoting the
energy efficiency and sustainable technology loan program or the
clean energy deployment program and related incentives for energy
efficiency and renewable energy at the neighborhood and community
level.
    { - (31) - }   { + (30) + } 'Sustainable energy territory'
means the geographic service area that a sustainable energy
project manager is responsible for serving.
  SECTION 18. ORS 470.510 is amended to read:
  470.510. (1) Except as provided in subsection (3) of this
section, the State Department of Energy may enter into contracts
for the issuance of energy efficiency and sustainable technology
loans. Except as provided in ORS 470.700, the department shall
finance the loans using moneys from the Small Scale Local Energy
Project Loan Fund, the Energy Project Supplemental Fund or the
Energy Project Bond Loan Fund, or from a combination of those
funds.
  (2) The sustainable energy project manager may enter into
agreements with trade associations and other public and private
entities for the promotion or marketing of the energy efficiency
and sustainable technology loan program.
  (3) The department must obtain the consent of the utility
before operating an energy efficiency and sustainable technology
loan program within the service territory of:
  (a) An investor-owned electric utility that serves fewer than
20,000 customers; or
  (b) An investor-owned gas utility that is actively
administering an energy conservation program established
 { - : - }   { + on or before January 1, 2009. + }
    { - (A) On or before January 1, 2009; and - }
    { - (B) Without assistance from a nongovernmental entity that
receives public purpose charge moneys under ORS 757.612. - }
  SECTION 19. ORS 470.515 is amended to read:
  470.515. The Public Utility Commission may adopt rules for
carrying out the duties, functions and powers of the commission
  { - and the Public Purpose Fund Administrator - }  under ORS
470.500 to 470.710.
  SECTION 20. ORS 470.530 is amended to read:
  470.530. (1) Except as provided in subsection (5) of this
section, the Director of the State Department of Energy may
establish qualifications for sustainable energy project managers
and may exercise oversight to ensure project manager compliance
with those qualifications. A project manager shall provide the
promotion, technical and financial support and verifications
necessary to administer the energy efficiency and sustainable
technology loan program in the territory served by the project
manager.
  (2) The project manager shall serve a sustainable energy
territory established by the director. The project manager shall
provide loan program information and technical and financial
information to promote energy efficiency and use of renewable
energy at the neighborhood and community levels. The project
manager shall be responsible for small scale local energy project
verification and for monitoring program effectiveness for energy
efficiency and sustainable technology loans and small scale local
energy program loans. The project manager may administer the
energy efficiency and sustainable technology loan program within
the territory.
  (3)(a) Except as provided in this subsection, the boundaries of
a sustainable energy territory must be consistent with the
service territory of a local electric utility.
  (b) The boundaries of a sustainable energy territory may be
consistent with the service territory of a local gas utility if:
  (A) The local electric utility is a consumer-owned electric
utility that elects not to be the project manager for the
sustainable energy territory; and
  (B) The service territory of the local electric utility and the
service territory of the local gas utility overlap.
  (c) Notwithstanding paragraphs (a) and (b) of this subsection,
if the project manager for the sustainable energy territory is
other than   { - the Public Purpose Fund Administrator or - } a
consumer-owned utility, the director may adjust the boundaries of
the territory or create a larger or smaller territory if the
director believes that the territory boundaries as adjusted or
created by the director would better accomplish the goals of the
energy efficiency and sustainable technology loan program.
  (4) A city, county, metropolitan service district or other
local government entity, or a nonprofit, for-profit, tribal or
state entity, may be a project manager if the entity meets the
qualifications established by the director under this section and
is approved by the director to provide promotion, outreach and
customer support related to the energy efficiency and sustainable
technology loan program within a sustainable energy territory.
  { - The Public Purpose Fund Administrator is an ex officio
sustainable energy project manager. The Public Purpose Fund
Administrator shall act as the project manager in any sustainable
energy territory that is not served by another project
manager. - }
  (5) The director shall establish a sustainable energy project
manager certification program. However,   { - the Public Purpose
Fund Administrator or - }  a consumer-owned utility is not
required to obtain a sustainable energy project manager
certificate   { - and the Public Purpose Fund Administrator is
not subject to any qualifications established by the director for
a project manager - } .
  SECTION 21. ORS 470.550 is amended to read:
  470.550. (1) Unless the sustainable energy project manager is
  { - the Public Purpose Fund Administrator or - }  a
consumer-owned utility, the certification of a project manager
shall be for a five-year term. The Director of the State
Department of Energy shall issue the project manager a
certification approval letter that states any conditions
applicable to the certification.
  (2) The director may terminate the certification of a project
manager for:
  (a) Failure to adequately implement an applicable plan for
implementing the energy efficiency and sustainable technology
loan program;
  (b) Noncompliance with the regulatory or statutory requirements
of the energy efficiency and sustainable technology loan program;
  (c) Failure to meet any project manager criteria established by
the director; or
  (d) Failure to perform other certification conditions.
  SECTION 22. ORS 470.560 is amended to read:
  470.560. (1) The State Department of Energy shall adopt rules
establishing certification standards for contractors
participating in the construction of small scale local energy
projects financed through the energy efficiency and sustainable
technology loan program. The department shall design the
standards to ensure that the project work performed by a
contractor holding the certification is of high quality and will
result in a high degree of customer satisfaction.
  (2) The certification standards established by the department
must, at a minimum, require that the contractor:
  (a) Prove that the contractor has sufficient skill to ensure
that the contractor can successfully install energy efficiency,
renewable energy or weatherization projects.
  (b) Not be a contractor listed by the Commissioner of the
Bureau of Labor and Industries under ORS 279C.860 as ineligible
to receive a contract or subcontract for public works.
  (c) Be an equal opportunity employer or small business or be a
minority or women business enterprise or disadvantaged business
enterprise as those terms are defined in ORS 200.005.
  (d) Demonstrate a history of compliance with the rules and
other requirements of the Construction Contractors Board and of
the Workers' Compensation Division and the Occupational Safety
and Health Division of the Department of Consumer and Business
Services.
  (e) Employ at least 80 percent of employees used for energy
efficiency and sustainable technology loan program projects from
the local work force, if a sufficient supply of skilled workers
is available locally.
  (f) Demonstrate a history of compliance with federal and state
wage and hour laws.
  (g) Pay wages to employees used for energy efficiency and
sustainable technology loan program projects at a rate equal to
at least 180 percent of the state minimum wage.
  (3) The State Department of Energy shall consult with   { - the
Public Purpose Fund Administrator and - }  utilities when
developing contractor certification standards.
  (4) The Construction Contractors Board may issue a qualifying
contractor a certification authorizing the contractor to
participate in the construction of small scale local energy
projects financed through the energy efficiency and sustainable
technology loan program. A contractor seeking certification shall
apply to the board as provided under ORS 701.119.
  (5) The State Department of Energy shall identify certified
contractors that provide employees with health insurance benefits
as preferred service providers and may take other actions as
practicable to encourage certified contractors to provide
employees with health insurance benefits.
  SECTION 23. ORS 470.815 is amended to read:
  470.815. (1) School districts that participate in the clean
energy deployment program established in ORS 470.810 may finance
projects to:
  (a) Weatherize, upgrade and retrofit kindergarten through grade
12 public schools;
  (b) Retrofit school bus fleets to operate on compressed natural
gas or other alternative fuels such as propane or to operate with
high-efficiency types of engines such as hybrid electric engines;
or
  (c) Replace school bus fleets with school buses that operate on
compressed natural gas or other alternative fuels such as propane
or that operate with high-efficiency types of engines such as
hybrid electric engines.
  (2) The projects described in subsection (1) of this section
shall be designed to improve energy efficiency, decrease fuel
costs, increase use of alternative fuels and decrease emissions
of air contaminants.
  (3) School districts may finance the projects described in
subsection (1) of this section by:
  (a) Paying directly for the projects;
  (b) Receiving lower interest loans from the Clean Energy
Deployment Fund or the Small Scale Local Energy Project Loan
Fund, supported by:
  (A) Grant moneys from the Jobs, Energy and Schools Fund;
    { - (B) Public purpose charges directed to a school district
in areas served by investor-owned utilities under ORS
757.612; - }
    { - (C) - }   { + (B) + } Qualified Energy Conservation Bonds
issued under the Energy Improvement and Extension Act of 2008 or
other federal loan programs; or
    { - (D) - }   { + (C) + } Revenues generated by the savings
in energy costs resulting from the energy efficiency
improvements;
  (c) Issuing general obligation bonds, subject to the bond
election requirements under ORS 328.210; or
  (d) Using any other source of moneys.
  SECTION 24. ORS 757.365 is amended to read:
  757.365. (1) The Public Utility Commission shall establish a
pilot program for each electric company to demonstrate the use
and effectiveness of volumetric incentive rates and payments for
electricity or for the nonenergy attributes of electricity, or
both, from solar photovoltaic energy systems that are permanently
installed in this state by retail electricity consumers and that
first become operational after the program begins. The cumulative
nameplate capacity of the qualifying systems enrolled in all of
the pilot programs may not exceed 25 megawatts of alternating
current. Qualifying systems enrolled in the pilot program may not
have nameplate generating capacity greater than 500 kilowatts.
  (2) The commission by rule shall adopt requirements for the
pilot programs described in subsection (1) of this section. Each
electric company shall file for commission approval tariff
schedules for the pilot programs that conform to the
requirements.
  (3) The commission may establish incentive rates for the pilot
programs to enable the development of the most efficient solar
photovoltaic energy systems.
  (4) A retail electricity consumer participating in a pilot
program may receive payments based on electricity generated from
solar photovoltaic energy system output for 15 years from the
consumer's date of enrollment in the program, at rates or through
a rate formula in a tariff schedule established at the time of
enrollment, or at rates otherwise established at the time of
enrollment. The consumer thereafter may receive payments based
upon electricity generated from the qualifying system at a rate
equal to the resource value.
  (5) The commission may adjust the tariff schedule as needed for
new pilot program participants for the purpose of meeting the
goal established in subsection (1) of this section. Once a retail
electricity consumer is enrolled in a program, the rates or rate
formula for determining payments to the consumer may not be
modified.
  (6) The commission shall establish pilot programs designed to
attain a goal of 75 percent of the capacity under each program to
be deployed by residential qualifying systems and small
commercial qualifying systems. The commission by rule may adjust
the percentage goal for capacity deployed by residential and
small commercial qualifying systems based upon the costs of the
energy generated, the feasibility of attaining the goal and other
factors.
  (7) The commission may establish total generator nameplate
capacity limits for an electric company so that the rate impact
of the pilot program for any customer class does not exceed 0.25
percent of the electric company's revenue requirement for the
class in any year.
  (8) Ownership of renewable energy certificates established
under ORS 469A.130 that are associated with renewable energy
generation under the pilot programs must be transferred to the
electric company and may be used to comply with the renewable
portfolio standard described in ORS 469A.052 or 469A.055.
  (9) To the extent that rates paid under a pilot program exceed
the resource value, qualifying systems participating in the pilot
programs are not eligible for   { - expenditures under ORS
757.612 (3)(b)(B) or - }  tax credits under ORS 469B.100 to
469B.118 or 469B.130 to 469B.169.
  (10) All prudently incurred costs associated with compliance
with this section are recoverable in the rates of an electric
company.
  (11) The commission shall advise and assist the owners and
operators of qualifying systems in identifying and using grants,
incentive moneys, federal funding and other sources of
noninvestment financial support for the construction and
operation of qualifying systems.
  (12) The pilot programs described in subsection (1) of this
section close to new participants on the earlier of:
  (a) March 31, 2015; or
  (b) The date the cumulative nameplate capacity of solar
photovoltaic energy systems that have been permanently installed
by retail electricity consumers under the pilot programs equals
25 megawatts of alternating current.
  (13) The commission shall submit a report to the Legislative
Assembly by January 1 of each odd-numbered year. The report must
evaluate the effectiveness of the pilot programs described in
subsection (1) of this section compared to the effectiveness of
  { - expenditures under ORS 757.612 (3)(b)(B) or - }  tax
credits under ORS 469B.100 to 469B.118 or 469B.130 to 469B.169
for promoting the use of solar photovoltaic energy systems and
reducing system costs. The report must also evaluate the
estimated cost of the program to retail electricity consumers.
  SECTION 25. ORS 757.649 is amended to read:
  757.649. (1)(a) A person or other entity shall not act as an
electricity service supplier unless the person or entity is
certified by the Public Utility Commission. The commission, by
rule, shall establish standards for certification of persons or
other entities as electricity service suppliers in this state.
The rules shall, at a minimum, address:
  (A) The ability of the person or entity to meet the person's or
entity's obligation to provide electricity services pursuant to
direct access; and
  (B) The ability of the person or entity to comply with
applicable consumer protection laws.
  (b) The commission may require an electricity service supplier
to provide a bond or other security.
  (c) The commission may establish a fee, not to exceed $500, for
initial certification and annual recertification of electricity
service suppliers.
  (d) The commission, at any time, may revoke an electricity
service supplier's certification for failure to comply with
applicable statutes and rules.
    { - (e) The commission may require an electricity service
supplier to provide information necessary to ensure compliance
with ORS 757.612. The commission shall ensure the privacy of all
information and the protection of any proprietary information
provided. - }
  (2) Every electric utility shall maintain the integrity of its
transmission facilities and distribution system and provide safe,
reliable service to all retail electricity consumers.  Nothing in
ORS 757.600 to 757.667 or 757.669 to 757.687 shall reduce or
diminish the statutory or contractual obligations of electric
utilities to maintain the safety and reliability of their
transmission facilities and distribution system and other
infrastructure and equipment used to deliver electricity.
  (3) The commission for electric companies, or the governing
body for other electric utilities, shall adopt rules, ordinances,
policies and service quality standards designed to maintain a
reliable, safe and efficient distribution system. The commission
shall regulate electrical safety regarding generation,
transmission, substation and distribution facilities for electric
utilities and other electrical system owners and operators as
provided under ORS 757.035.
  (4) Every bill to a direct access retail electricity consumer
from an electricity service supplier shall contain at least:
  (a) The rate and amount due for each service or product that
the retail electricity consumer is purchasing and other price
information necessary to facilitate direct access, as determined
by the commission;
  (b) The rates and amounts of state and local taxes or fees, if
any, imposed on the retail electricity consumer;
  (c) The amount of any public purpose charge or credit;
  (d) The amount of any transition charge or transition credit;
and
  (e) Power source and environmental impact information necessary
to ensure that all consumers have useful, reliable and necessary
information to exercise informed choice, as determined by the
commission.
  (5)(a) A retail electricity consumer of an electric company
shall receive, upon request, a separate bill from every
individual electricity service supplier that provides products or
services to the retail electricity consumer. If a retail
electricity consumer of an electric company does not request
separate bills, or a consolidated bill from an electricity
service supplier as provided in paragraph (c) of this subsection,
the electric company shall consolidate the bills for all
electricity services into a single statement, and electricity
service suppliers shall provide to the electric company the
information necessary to prepare a consolidated statement.
  (b) The requirement for bill consolidation by an electric
company shall continue through December 31, 2001, after which
time the commission may waive the requirement if the waiver
results in effective billing procedures for retail electricity
consumers.
  (c) Upon the request of a retail electricity consumer of an
electric company, an electricity service supplier shall
consolidate the bills for all electricity services into a single
statement, and electric utilities and other electricity service
suppliers shall provide to the billing electricity service
supplier any information necessary to prepare a consolidated
statement.
  (d) For retail electricity consumers of an electric company,
the commission shall adopt by rule provisions relating to the
failure of a consumer to make full payment on a consolidated
bill.  The rules shall address collection of payments, service
disconnection and reconnection, and the allocation of costs
associated with collection, disconnection and reconnection. A
distribution utility shall be solely responsible for actual
disconnection and reconnection.
  SECTION 26. ORS 757.659 is amended to read:
  757.659. According to the applicable provisions of ORS 756.060
and ORS chapter 183, the Public Utility Commission shall adopt
such rules as are necessary to implement ORS 757.600 to 757.667.
Rules adopted by the commission shall address at least the
following:
  (1) Requirements and methodologies for each electric company to
provide unbundled rates and services pursuant to ORS 757.642.
  (2) Requirements for each electric company allowing aggregation
of electricity loads pursuant to ORS 757.627, which may include
aggregation of demand for other services available under direct
access.
  (3) Requirements for consumer protection. Consumer protection
rules adopted by the commission that relate to electricity
service suppliers shall be applicable throughout this state and
shall, at a minimum, contain provisions for the disclosure of
price, power source and environmental impact in contract offers
and marketing information.
  (4) Market valuation methodologies for determining the amount
and recovery of the costs of uneconomic utility investment and
the amount of and credit for economic utility investment.
  (5) Requirements for each electric company to offer a portfolio
of rate options under ORS 757.603.
  (6) The method of determining a default supplier for those
consumers who are not eligible to participate in a portfolio
program under ORS 757.603 in a manner that provides for viable
competition among electricity service suppliers and among power
generation companies. The commission may condition the use of a
default service option by requiring reasonable notice and
commitment from a consumer who intends to use the default service
option in nonemergency situations.
  (7) Requirements for market structure described in ORS 757.646.
    { - (8) Requirements for public purpose charges and credits
under ORS 757.612. - }
    { - (9) - }   { + (8) + } Requirements for meters, metering
services, billing and collection services, and customer response
functions.
  SECTION 27. ORS 757.679 is amended to read:
  757.679. (1) Nothing in ORS 757.669 to 757.687 is intended to
impair the rights or obligations of any party to net billing
agreements. Notwithstanding any other provision of ORS 757.600 to
757.667  { - , - }   { + and + } 757.676   { - and 757.687 - } ,
and in the event a participating utility is required to make
payments pursuant to a net billing agreement, the governing body
of a participating utility may levy a rate, fee or charge,
including a nonbypassable distribution system access charge
against retail electricity consumers located within the utility's
service territory, to meet its obligations.
  (2) As used in this section:
  (a) 'EWEB' means the City of Eugene, Oregon, acting by and
through the Eugene Water and Electric Board.
  (b) 'Net billing agreements' means those certain agreements
that provide for the payment, through net billing of costs of
certain nuclear power projects, including the payment of bonds,
notes or other evidences of indebtedness issued by EWEB and by
the supply system, respectively, to pay such project costs
entered into prior to July 23, 1999:
  (A) Between the administrator of the Bonneville Power
Administration and EWEB;
  (B) Among a participating utility, the administrator of the
Bonneville Power Administration and EWEB; or
  (C) Among a participating utility, the administrator of the
Bonneville Power Administration and the supply system.
  (c) 'Participating utility' means a consumer-owned utility
established by, or organized and existing under, the Oregon
Constitution and laws of the State of Oregon, and that is a party
to a net billing agreement.
  (d) 'Supply system' means the Washington Public Power Supply
System, a municipal corporation or joint power agency organized
and existing under and pursuant to the laws of the State of
Washington.
  SECTION 28. ORS 757.689 is amended to read:
  757.689. (1)   { - In addition to the public purpose charge
established by ORS 757.612, - }  The Public Utility Commission
may authorize an electric company to include in its rates the
costs of funding or implementing cost-effective energy
conservation measures implemented on or after June 6, 2007. The
costs may include amounts for weatherization programs that
conserve energy.
  (2) The commission shall ensure that a retail electricity
consumer with a load greater than one average megawatt:

  (a) Is not required to pay an amount that is more than three
percent of the consumer's total cost of electricity service for
  { - the public purpose charge under ORS 757.612 and - }  any
amounts included in rates under this section; and
  (b) Does not receive any direct benefit from energy
conservation measures if the costs of the measures are included
in rates under this section.
  SECTION 29. ORS 757.872 is amended to read:
  757.872. (1) Any equity of the incumbent utility, any electric
utility assets of the incumbent utility or any combination of
equity and assets of the incumbent utility that Oregon Community
Power acquires under ORS 757.812 to 757.950 shall be held in
trust by Oregon Community Power, acting as a trustee, for the
exclusive purpose of carrying out the powers, rights and
privileges of Oregon Community Power under ORS 757.812 to 757.950
for the benefit of the retail electricity consumers of Oregon
Community Power. Notwithstanding any other provision of law,
retail electricity consumers of Oregon Community Power may not
pursue any judicial remedy in any court of this state for any
action of Oregon Community Power, except as provided in ORS
757.812 to 757.950.
  (2) The State of Oregon declares that it has no proprietary
interest in Oregon Community Power or in any tangible or
intangible property of any form owned or acquired by Oregon
Community Power. The state disclaims any right to reclaim any
contributions made to Oregon Community Power under ORS 757.812 to
757.950.
  (3) Except as provided in ORS 757.812 to 757.950, Oregon
Community Power may not receive any moneys from the State of
Oregon other than:
  (a) Electric utility operational revenues;
    { - (b) Public purpose charge revenues under ORS 757.612; - }

    { - (c) - }   { + (b) + } Nonrecourse bond proceeds or
proceeds from any other nonrecourse borrowing; or
    { - (d) - }   { + (c) + } Loans, grants, payments or other
assistance that any local government as defined in ORS 174.116
would be eligible to receive.
  SECTION 30. Section 45, chapter 753, Oregon Laws 2009, is
amended to read:
   { +  Sec. 45. + } A contractor may construct small scale local
energy projects financed under a pilot program described in
sections 42 to 44   { - of this 2009 Act - }  { + , chapter 753,
Oregon Laws 2009, + } without being certified under   { - section
51 of this 2009 Act - }   { + ORS 701.119 + } if:
  (1) No certified contractor is available to construct the
project;
  (2) The   { - Public Purpose Fund Administrator - }
 { + Director of the State Department of Energy, for pilot
programs initiated under section 43, chapter 753, Oregon Laws
2009,  + }or the  { + appropriate + } sustainable energy project
manager has approved allowing the contractor to implement
projects financed under the energy efficiency and sustainable
technology loan program; and
  (3) The contractor pays wages to employees used for energy
efficiency and sustainable technology loan program projects at a
rate equal to at least 180 percent of the state minimum wage or,
if the project is for a commercial structure or is subject to
prevailing wage laws, the prevailing wage for each trade or
occupation employed. As used in this subsection, 'commercial
structure' means a structure other than a residential structure
as defined in ORS 701.005.

                               { +
ABOLISHMENT OF FUNDS + }

  SECTION 31. ORS 456.587 is amended to read:
  456.587. (1) The Housing and Community Services Department
Electricity Public Purpose Charge Fund is established in the
State Treasury, separate and distinct from the General Fund.
Interest earned by the Housing and Community Services Department
Electricity Public Purpose Charge Fund shall be credited to the
fund. Moneys in the fund are continuously appropriated to the
Housing and Community Services Department to be used for
 { - purposes specified in ORS 757.612 (3)(b)(D) - }   { + the
purpose of providing grants as described in ORS 458.625 (2) + }.
  (2) { + (a) + } The Housing and Community Services Department
Low-Income Electric Bill Payment Assistance Fund is established
in the State Treasury, separate and distinct from the General
Fund.  Interest earned by the Housing and Community Services
Department Low-Income Electric Bill Payment Assistance Fund shall
be credited to the fund. Moneys in the fund are continuously
appropriated to the   { - Housing and Community Services - }
department for   { - purposes described in ORS 757.612 (7). - }
 { + the purpose of funding electric bill payment assistance for
low-income consumers. The department shall:
  (A) Use the funds first to provide electric bill payment
assistance to low-income electricity consumers who are in danger
of having their electricity service disconnected; and
  (B) Use the funds to investigate and possibly implement
alternative models for delivering electricity to effectively
reduce service disconnections and related costs to retail
electricity consumers, as defined in ORS 757.600, and electric
utilities, as defined in ORS 757.600.
  (b) Interest on moneys in the Housing and Community Services
Department Low-Income Electric Bill Payment Assistance Fund may
be used to provide bill payment and crisis assistance to
electricity consumers whose primary source of heat is not
electricity. + }
  SECTION 32.  { + ORS 456.587 is repealed on January 1,
2016. + }
  SECTION 33.  { + (1) On the date specified in section 32 of
this 2013 Act, the Housing and Community Services Department
Electricity Public Purpose Charge Fund and the Housing and
Community Services Department Low-Income Electric Bill Payment
Assistance Fund are abolished.
  (2) Moneys remaining in the Housing and Community Services
Department Electricity Public Purpose Charge Fund and the Housing
and Community Services Department Low-Income Electric Bill
Payment Assistance Fund on the date specified in section 32 of
this 2013 Act shall be transferred to the General Fund for
general governmental purposes. + }

                               { +
UNIT CAPTIONS + }

  SECTION 33.  { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
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