75th OREGON LEGISLATIVE ASSEMBLY--2010 Special 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 153
                        Updated Sponsors

                         House Bill 3645

Sponsored by Representative GILLIAM; Representatives BRUUN,
  CAMERON, ESQUIVEL, FREEMAN, HANNA, HUFFMAN, JENSON, KENNEMER,
  SPRENGER, THATCHER, WHISNANT (Presession filed.)

                             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.

  Allows public utility full cost recovery for hydrogen power
station investments. Allows hydrogen power stations using
anhydrous ammonia to qualify for renewable portfolio standards.

                        A BILL FOR AN ACT
Relating to hydrogen power; creating new provisions; and amending
  ORS 469A.025.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + The Public Utility Commission shall allow full
recovery of costs by public utilities in prudent energy
investments related to the planning, financing, construction and
operation of hydrogen power stations. These investments include,
but are not limited to:
  (1) Systems designed to synthesize anhydrous ammonia fuel using
electricity generated from renewable energy sources described in
ORS 469A.025;
  (2) Infrastructure designed to store anhydrous ammonia
generated from renewable energy sources as a nonpolluting fuel
for electric power generation and for other purposes;
  (3) Energy systems designed to use anhydrous ammonia generated
from renewable energy sources as a fuel to generate electric
power; and
  (4) Electronic control and management systems designed to
effectively integrate hydrogen power station processes into the
electric power grid. + }
  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.
  (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:
  (a) Municipal solid waste; or
  (b) Wood that has been treated with chemical preservatives such
as creosote, pentachlorophenol or chromated copper arsenate.
  (4) Electricity generated by a hydroelectric facility 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, Public
Law 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) 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) 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 subsection is not
subject to the requirements of subsection (4) of this section.
  (6) Electricity generated from hydrogen gas { + , including
electricity generated by hydrogen power stations using anhydrous
ammonia as a fuel source,  + }  { - derived from any source of
energy described in subsections (1) to (5) of this section - }
may be used to comply with a renewable portfolio standard
 { - . - }  { +  if the energy:
  (a) Is derived from any source of energy described in
subsections (1) to (3) of this section; or
  (b) Is derived from a hydroelectric facility that complies with
subsection (4) of this section and is from a certified low-impact
hydroelectric facility described in ORS 469A.020 (4).  Energy
from certified low-impact hydroelectric facilities described in
ORS 469A.020 (4) used to generate electricity from hydrogen gas
is not subject to the limits on the amount of electricity
generated by such facilities set forth in subsection (5) of this
section. + }
  (7) If electricity generation employs multiple energy sources,
that portion of the electricity generated that is attributable to
energy sources described in subsections (1) to (6) of this
section may be used to comply with a renewable portfolio
standard.
  (8) 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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