Bill Text: OR SB121 | 2013 | Regular Session | Introduced
Bill Title: Relating to use of hydroelectric electricity to qualify for renewable portfolio standard.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB121 Detail]
Download: Oregon-2013-SB121-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 1196
Senate Bill 121
Sponsored by Senator OLSEN; Senator THOMSEN (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.
Removes restrictions on hydroelectric electricity, including
restriction that hydroelectric electricity be generated by
facility that became operational on or after January 1, 1995, for
purpose of qualifying for renewable portfolio standard.
A BILL FOR AN ACT
Relating to use of hydroelectric electricity to qualify for
renewable portfolio standard; amending ORS 469A.020 and
469A.025.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 469A.020 is amended to read:
469A.020. (1) Except as provided in this section, electricity
may be used to comply with a renewable portfolio standard only if
the electricity is generated by { + :
(a) + } A facility that becomes operational on or after January
1, 1995 { - . - } { + ; or
(b) A hydroelectric facility. + }
(2) Electricity from a generating facility, other than a
{ - hydroelectric - } facility { + described in subsection
(3) or (4) of this section + }, that became operational before
January 1, 1995, may be used to comply with a renewable portfolio
standard if the electricity is attributable to capacity or
efficiency upgrades made on or after January 1, 1995.
{ - (3) Electricity from a hydroelectric facility that became
operational before January 1, 1995, may be used to comply with a
renewable portfolio standard if the electricity is attributable
to efficiency upgrades made on or after January 1, 1995. If an
efficiency upgrade is made to a Bonneville Power Administration
facility, only that portion of the electricity generation
attributable to Oregon's share of the electricity may be used to
comply with a renewable portfolio standard. - }
{ - (4) Subject to the limit imposed by ORS 469A.025 (5),
electricity from a hydroelectric facility that became operational
before January 1, 1995, may be used to comply with a renewable
portfolio standard if the facility is certified as a low-impact
hydroelectric facility on or after January 1, 1995, by a national
certification organization recognized by the State Department of
Energy by rule, and if the facility is either: - }
{ - (a) Owned by an electric utility; or - }
{ - (b) Not owned by an electric utility and located in
Oregon and licensed by the Federal Energy Regulatory Commission
under the Federal Power Act, 16 U.S.C. 791a et seq., or exempt
from such license. - }
{ - (5)(a) - } { + (3)(a) + } Electricity from a generating
facility located in this state that uses biomass and that became
operational before January 1, 1995, may be used to comply with a
renewable portfolio standard if the facility meets the
requirements of the federal Public Utility Regulatory Policies
Act of 1978 (P.L. 95-617) on March 4, 2010, regardless of whether
the facility qualifies under the requirements of the Public
Utility Commission.
(b) Renewable energy certificates derived from electricity
generated by a facility that qualifies under paragraph (a) of
this subsection may not be used to comply with a renewable
portfolio standard before January 1, 2026. However, renewable
energy certificates issued before January 1, 2026, may be banked
pursuant to ORS 469A.005 to 469A.210 for use on or after January
1, 2026.
{ - (6) - } { + (4) + } A facility located in this state
that generates electricity from direct combustion of municipal
solid waste and that became operational before January 1, 1995,
may be used to comply with a renewable portfolio standard for up
to 11 average megawatts of electricity generated per calendar
year. Renewable energy certificates derived from electricity
generated by a facility described in this subsection may not be
used to comply with a renewable portfolio standard before January
1, 2026. However, renewable energy certificates issued before
January 1, 2026, may be banked pursuant to ORS 469A.005 to
469A.210 for use on or after January 1, 2026.
SECTION 2. ORS 469A.025 is amended to read:
469A.025. (1) Electricity generated utilizing the following
{ - types - } { + sources + } of energy may be used to comply
with a renewable portfolio standard:
(a) Wind energy.
(b) Solar photovoltaic and solar thermal energy.
(c) Wave, tidal and ocean thermal energy.
(d) Geothermal energy.
{ + (e) Hydroelectric 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
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, P.L.
90-542, or the Oregon Scenic Waterways Act, ORS 390.805 to
390.925; or - }
{ - (b) The electricity is attributable to efficiency
upgrades made to the facility on or after January 1, 1995. - }
{ - (5)(a) Up to 50 average megawatts of electricity per year
generated by an electric utility from certified low-impact
hydroelectric facilities described in ORS 469A.020 (4)(a) may be
used to comply with a renewable portfolio standard, without
regard to the number of certified facilities operated by the
electric utility or the generating capacity of those facilities.
A hydroelectric facility described in this paragraph is not
subject to the requirements of subsection (4) of this
section. - }
{ - (b) Up to 40 average megawatts of electricity per year
generated by certified low-impact hydroelectric facilities
described in ORS 469A.020 (4)(b) may be used to comply with a
renewable portfolio standard, without regard to the number of
certified facilities or the generating capacity of those
facilities. A hydroelectric facility described in this paragraph
is not subject to the requirements of subsection (4) of this
section. - }
{ - (6)(a) - } { + (4)(a) + } Direct combustion of
municipal solid waste in a generating facility located in this
state may be used to comply with a renewable portfolio standard.
The qualification of a municipal solid waste facility for use in
compliance with a renewable portfolio standard has no effect on
the qualification of the facility for a tax credit under ORS
469B.130 to 469B.169.
(b) The total amount of electricity generated in this state by
direct combustion of municipal solid waste by generating
facilities that became operational in this state on or after
January 1, 1995, may not exceed nine average megawatts per year
for the purpose of complying with a renewable portfolio standard.
{ - (7) - } { + (5) + } Electricity generated from hydrogen
gas, including electricity generated by hydrogen power stations
using anhydrous ammonia as a fuel source, may be used to comply
with a renewable portfolio standard if:
(a) The electricity is derived from { - : - } { + any source
of energy described in subsection (1) or (2) of this section;
and + }
{ - (A) Any source of energy described in subsection (1) or
(2) of this section; or - }
{ - (B) A hydroelectric facility that complies with
subsection (4) of this section and that is certified as a
low-impact hydroelectric facility as described in ORS 469A.020
(4); and - }
(b) The output of the original source of energy is not also
used to comply with a renewable portfolio standard.
{ - (8) - } { + (6) + } If electricity generation employs
multiple energy sources, that portion of the electricity
generated that is attributable to energy sources described in
this section may be used to comply with a renewable portfolio
standard.
{ - (9) - } { + (7) + } 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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