Bill Text: OR SB1533 | 2012 | Regular Session | Enrolled
Bill Title: Relating to green energy technology in public buildings.
Spectrum: Moderate Partisan Bill (Republican 8-2)
Status: (Passed) 2012-03-27 - Effective date, January 1, 2013. [SB1533 Detail]
Download: Oregon-2012-SB1533-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
Enrolled
Senate Bill 1533
Sponsored by Senator WHITSETT; Senators ATKINSON, FERRIOLI,
JOHNSON, KRUSE, OLSEN, STARR, TELFER, VERGER, WINTERS
(Presession filed.)
CHAPTER ................
AN ACT
Relating to green energy technology in public buildings; creating
new provisions; and amending ORS 279C.527 and 279C.528.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 279C.527 is amended to read:
279C.527. { + (1) As used in this section and in ORS 279C.528:
(a) 'Green energy technology' means technology or a system that
employs:
(A) Geothermal electricity generation or direct use of
geothermal energy for space or water heating that reduces energy
use from other sources by at least 20 percent from a level
otherwise specified by law:
(i) At the site of a public building; or
(ii) Away from the site of a public building if the geothermal
source is within this state and is in the same county as the
public building or an adjacent county, if using energy from a
geothermal source that is away from the site of the public
building is more cost-effective than using geothermal energy from
a source at the site of the public building, if generating or
using geothermal energy at the site of the public building is not
feasible and if in addition to geothermal energy the public
building includes additional new capacity for renewable
electricity generation.
(B) Solar electricity generation, solar thermal generation or
passive solar energy generation, if the system that employs
passive solar energy generation reduces energy use from other
sources by at least 20 percent from a level otherwise specified
by law:
(i) At the site of a public building; or
(ii) Away from the site of a public building if the solar
energy source is within this state and is in the same county as
the public building or an adjacent county, if using energy from a
solar energy source that is away from the site of the public
building is more cost-effective than using solar energy from a
source at the site of the public building, if generating or using
solar energy at the site of the public building is not feasible
and if in addition to solar energy the public building includes
additional new capacity for renewable electricity generation.
(b) 'Public building' means a building that a public body, as
defined in ORS 174.109, owns or controls, and that is:
(A) Used or occupied by employees of the public body; or
Enrolled Senate Bill 1533 (SB 1533-B) Page 1
(B) Used for conducting public business. + }
{ - (1) - } { + (2) + } Except as otherwise provided in
this section, a public improvement contract for the construction
of a public building or for the reconstruction or major
renovation of a public building, if the cost of the
reconstruction or major renovation exceeds 50 percent of the
value of the public building, { - is considered to - } { +
shall + } contain an amount equal to at least 1.5 percent of the
total contract price for the inclusion of appropriate
{ - solar - } { + green + } energy technology in the public
building. { - Solar energy technology shall include solar
electric or solar thermal systems and may include passive solar
energy systems when a proposed passive solar energy system will
achieve a reduction in energy usage of at least 20 percent. - }
{ - (2) - } { + (3) + } Before entering into a public
improvement contract described in subsection { - (1) - } { +
(2) + } of this section, a contracting agency shall prepare a
written determination of whether the inclusion of { - solar - }
{ + green + } energy technology in the construction,
reconstruction or major renovation of the public building is
appropriate. The contracting agency shall include in the
determination the total contract price and the amount the agency
intends to expend on the inclusion of { - solar - } { +
green + } energy technology in the public building. The State
Department of Energy shall develop a form { - usable by
contracting agencies for preparing - } { + a contracting agency
may use to prepare + } the written determination described in
this subsection.
{ - (3) - } { + (4) + } If the contracting agency
determines that { - it would be inappropriate to include
solar - } { + including green + } energy technology in the
construction, reconstruction or major renovation of the public
building { + is not appropriate + }, subsection { - (1) - }
{ + (2) + } of this section does not apply to the public
improvement contract. However:
(a) The contracting agency shall spend an amount equal to at
least 1.5 percent of the total contract price on the inclusion of
appropriate { - solar - } { + green + } energy technology in
a future public building project; and
(b) The amount { - spent by - } the contracting agency { +
spends + } on the future public building project pursuant to
paragraph (a) of this subsection is in addition to any amount
required under subsection { - (1) - } { + (2) + } of this
section for the inclusion of appropriate { - solar - } { +
green + } energy technology in the future public building
project.
{ - (4) - } { + (5) + } Subsection { - (3)(a) and (b) - }
{ + (4) + } of this section does not apply to a public
improvement contract for which { - no - } state funds are { +
not + } directly or indirectly used.
{ - (5) - } { + (6) + } This section does not exempt an
authorized state agency, as defined in ORS 276.905, from
complying with ORS 276.900 to 276.915, except that an authorized
state agency, without complying with ORS 276.900 to 276.915, may
determine that { - solar - } { + green + } energy technology
{ - described in this section - } is appropriate
{ - for inclusion - } { + to include + } in the construction,
reconstruction or major renovation of a public building.
Enrolled Senate Bill 1533 (SB 1533-B) Page 2
{ - (6)(a) As used in this section, 'public building' means a
building owned or controlled by a public body, as defined in ORS
174.109, and: - }
{ - (A) Used or occupied by employees of the public body;
or - }
{ - (B) Used for conducting public business. - }
{ - (b) - } { + (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 is amended to read:
279C.528. Public improvement contracts subject to ORS 279C.527
are also subject to rules { - adopted by - } the State
Department of Energy { + adopts + } that include, but are not
limited to, requirements and specifications for:
(1) Using particular { - solar - } { + green + } energy
{ - systems or - } technologies in public improvements;
(2) Determining the cost-effectiveness of { - solar - } { +
green + } energy { - systems or - } technologies;
(3) Reporting the use of { - solar - } { + green + } energy
{ - systems or - } technologies in public improvements or
submitting documents to the department for review, as
appropriate; and
(4) Determining whether a structure is a public building
subject to the requirements of ORS 279C.527.
SECTION 3. { + The amendments to ORS 279C.527 and 279C.528 by
sections 1 and 2 of this 2012 Act apply to contracts for the
construction, reconstruction or major renovation of public
buildings that a contracting agency first advertises or otherwise
solicits or, if the contracting agency does not advertise or
solicit the contract, to contracts into which the contracting
agency first enters on or after the effective date of this 2012
Act. + }
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Passed by Senate February 17, 2012
Repassed by Senate March 1, 2012
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House February 27, 2012
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 1533 (SB 1533-B) Page 3
Received by Governor:
......M.,............., 2012
Approved:
......M.,............., 2012
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2012
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 1533 (SB 1533-B) Page 4
