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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3546
Sponsored by Representatives MARSH, OWENS, Senator SOLLMAN; Representative CHOTZEN
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.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: Tells the PUC to provide for a class of service for facilities that use large amounts of
energy. (Flesch Readability Score: 66.3).
Directs the Public Utility Commission to provide for a classification of service for large energy
use facilities. Directs the commission to require an electric company to assign the costs of serving
large energy use facilities to the facilities and mitigate the risks to other classes of retail electricity
consumers. Defines “large energy use facility.”
Declares an emergency, effective on passage.
A BILL FOR AN ACT
Relating to large energy use facilities; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2 of this 2025 Act is added to and made a part of ORS chapter 757.
SECTION 2.(1) As used in this section:
(a) “Electric company” and “retail electricity consumer” have the meanings given those
terms in ORS 757.600.
(b) “Facility” means all buildings, equipment, structures and other stationary items that
are located on a single site or on contiguous or adjacent sites and that are owned or operated
by the same person or by any person who controls, is controlled by or is under common
control with such person.
(c) “Large energy use facility” means a facility that uses 20 megawatts or more and is
primarily engaged in providing a service described under code 518210 of the 2022 North
American Industry Classification System.
(2) The Public Utility Commission shall provide for a classification of service under ORS
757.230 for retail electricity consumers that are large energy use facilities. The classification
of service must be separate and distinct from classifications of service for other industrial
retail electricity consumers. The commission shall require an electric company to:
(a) Enter into a contract with a retail electricity consumer that is a large energy use
facility for the provision of electricity, including transmission, distribution, energy, capacity
and ancillary services. The term of the contract must be for 10 years or more. The contract
must obligate the retail electricity consumer to pay a minimum amount or percentage, as
determined by the commission, based on the retail electricity consumer’s projected electric-
ity usage for the term of the contract. The contract may include a charge for excess demand.
(b) Assign the costs of serving a class of retail electricity consumers that are large en-
ergy use facilities to the class and in a manner that is proportional to the costs incurred to
serve the class. The assigned costs of service must include the costs for transmission, dis-
tribution, energy and capacity, and any related costs of serving the class.
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1547 HB3546
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(c) Mitigate the risks to other classes of retail electricity consumers of paying for the
costs of the electric company to meet load requirements resulting from the provision of
electricity to a retail electric consumer that is a large energy use facility.
(3) The commission may approve a form contract that an electric company may use un-
der subsection (2) of this section. In approving a form contract under this subsection, the
commission shall consider whether the form contract:
(a) Results in increased costs or risk to other retail electricity consumers;
(b) Provides for equitable contributions to grid efficiency, reliability and resiliency bene-
fits;
(c) Impedes the electric company’s ability to meet the clean energy targets set forth in
ORS 469A.410 or reduce the emissions of greenhouse gases consistent with state law; and
(d) Meets any other conditions the commission may require in the public interest.
(4) The commission shall ensure that the terms of a contract entered into under this
section do not result in increased costs or risks to other retail electricity consumers of the
electric company.
SECTION 3. Section 2 (2)(a) of this 2025 Act applies to large energy use facilities that
submit an application for service on or after the effective date of this 2025 Act.
SECTION 4.This 2025 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2025 Act takes effect
on its passage.
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