Bill Text: OR SB586 | 2011 | Regular Session | Engrossed

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Bill Title: Relating to green energy technology in public buildings.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB586 Detail]

Download: Oregon-2011-SB586-Engrossed.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1926

                           A-Engrossed

                         Senate Bill 586
                 Ordered by the Senate April 14
           Including Senate Amendments dated April 14

Sponsored by Senator WHITSETT

                             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.

  Requires public agency to include amount in contract for
construction, reconstruction or major renovation of public
building equivalent to 1.5 percent of total contract price for
inclusion of appropriate green energy technology.

                        A BILL FOR 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) On-site wind energy generation;
  (B) On-site geothermal energy generation;
  (C) Hydroelectric energy generated by a facility of not more
than 10 megawatts of capacity;
  (D) Biomass as an energy source;
  (E) Solar electric or solar thermal systems and passive solar
energy systems; or
  (F) Conservation techniques that achieve a significant
reduction in energy usage.
  (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. + }
    { - (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.
    { - (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 2011 Act apply to contracts for the
construction, reconstruction or major renovation of public
buildings that are first advertised or otherwise solicited or, if
not advertised or solicited, are first entered into on or after
the effective date of this 2011 Act. + }
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