1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 634
Sponsored by Senator BONHAM (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.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: Specifies that hydropower may be used to comply with an RPS. (Flesch Readability
Score:64.9).
Specifies that electricity generated by a hydroelectric facility or other equipment that generates
electricity through use of hydroelectric energy may be used to comply with a renewable portfolio
standard.
Declares an emergency, effective on passage.
A BILL FOR AN ACT
Relating to the use of hydroelectric energy to comply with a renewable portfolio standard; amending
ORS 469A.020, 469A.025, 469A.027, 469A.029 and 469A.031; and declaring an emergency.
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 or any other equipment that generates electricity through the
use of hydroelectric energy.
(2) Electricity from a generating facility, other than a [hydroelectric] facility described in sub-
section (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 up-
grades 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 na-
tional certification organization recognized by the State Department of Energy by rule, and if the fa-
cility 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 li-
cense.]
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 1009 SB634
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
[(5)] (3) 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.
[(6)] (4) A facility located in this state that generates electricity from direct combustion of mu-
nicipal 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.
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 port-
folio 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 cer-
tified 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.]
[2] SB634
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
[(b) Up to 40 average megawatts of electricity per year generated by certified low-impact hydro-
electric 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 facili-
ties. 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
portfoliostandard.
[(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:]
[(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]
(a) The hydrogen is produced using any source of energy described in subsection (1) or
(2) of this section; and
(b) The output of the original source of energy is not also used to comply with a renewable
portfoliostandard.
[(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 de-
partment 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.
SECTION 3. ORS 469A.027 is amended to read:
469A.027. The State Department of Energy may certify as eligible for renewable energy certif-
icates a facility that qualifies under ORS 469A.020 [(5) and (6)] (3) and (4) and 469A.025 [(6) and
(7)] (4) and (5) only for electricity generated on or after January 1, 2011.
SECTION 4. ORS 469A.029 is amended to read:
469A.029. To be eligible for renewable energy certificates, the owner or operator of a generating
facility that qualifies under ORS 469A.020 [(5) and (6)] (3) and (4) and 469A.025 [(6) and (7)] (4) and
(5) must register the generating facility with the Western Renewable Energy Generation Information
System or other regional system or trading program designated by the State Department of Energy
before January 1, 2011.
SECTION 5. ORS 469A.031 is amended to read:
469A.031. Notwithstanding ORS 469A.029, a facility described in ORS 469A.020 [(5)] (3) is eligi-
ble for renewable energy certificates if the owner or operator of the generating facility registered
the generating facility with the Western Renewable Energy Generation Information System on or
[3] SB634
1
2
3
4
5
after January 1, 2011.
SECTION 6. 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.
[4]