Chapter 469 — Energy; Conservation Programs; Energy Facilities

2011 EDITION

ENERGY; CONSERVATION PROGRAMS; ENERGY FACILITIES

PUBLIC HEALTH AND SAFETY

GENERAL PROVISIONS

469.010 Policy

469.020 Definitions

STATE DEPARTMENT OF ENERGY; ADMINISTRATION

469.030 State Department of Energy; duties

469.040 Director; duties; appointment; rules

469.050 Limitations on subsequent employment of director; sanctions

469.055 Authority of department to require fingerprints

469.060 Comprehensive energy plan; energy pricing structures research

469.070 Energy forecast; contents; fees

469.080 Energy resource information; subpoena power; depositions; limitations on obtaining information; protection from abuse

469.085 Procedure for imposing civil penalties; rules

469.090 Confidentiality of information submitted under ORS 469.080

469.097 Duty to monitor industry progress in energy conservation

469.100 Agency consideration of legislative policy; agency review of rules

469.110 Dealings with federal government; intervention by State Department of Energy in agency action

469.120 State Department of Energy Account; appropriation; record of moneys

469.135 Energy Conservation Clearinghouse for Commerce and Industry

469.150 Energy suppliers to provide conservation services and information; rules

469.155 Advisory energy conservation standards for dwellings; rules

ENERGY EFFICIENCY STANDARDS

469.229 Definitions for ORS 469.229 to 469.261

469.233 Energy efficiency standards

469.235 Certain reflector lamps exempt from standards

469.238 Sale of products not meeting standards prohibited; exemptions

469.239 Installation of products not meeting standards prohibited; exemptions

469.255 Manufacturers to test products; test methods; certification of products; rules

469.261 Department to review standards; rules; postponement of operative dates of standards; application for waiver of federal preemption

REGULATION OF ENERGY FACILITIES

(General Provisions)

469.300 Definitions

469.310 Policy

(Siting)

469.320 Site certificate required; exceptions

469.330 Notice of intent to file application for site certificate; public notice; standards, application requirements and study requirements; project order; rules

469.350 Application for site certificate; comment and recommendation

469.360 Evaluation of site applications; costs; payment

469.370 Draft proposed order for hearing; issues raised; final order; expedited processing

469.373 Expedited processing for certain natural gas energy facilities

469.375 Required findings for radioactive waste disposal facility certificate

469.378 Land use compatibility statement for energy facility

469.401 Energy facility site certificate; conditions; effect of issuance on state and local government agencies

469.402 Delegation of review of future action required by site certificate

469.403 Rehearing on approval or rejection of application for site certificate or amendment; appeal; judicial review vested in Supreme Court; stay of order

469.405 Amendment of site certificate; judicial review; exemption; rules

469.407 Amendment of application to increase capacity of facility

469.409 Amendment of site certificate to demonstrate compliance with carbon dioxide emissions standard; binding arbitration to resolve disputes

469.410 Energy facility site certificate applications filed or under construction prior to July 2, 1975; conditions of site certificate; monitoring programs

469.421 Fees; exemptions; assessment of certain utilities and suppliers; penalty

469.430 Site inspections

469.440 Grounds for revocation or suspension of certificates

469.441 Justification of fees charged; judicial review

(High Voltage Transmission Lines)

469.442 Procedure prior to construction of transmission line in excess of 230,000 volts; review committee

(Administration)

469.450 Energy Facility Siting Council; appointment; confirmation; term; restrictions

469.460 Officers; meetings; compensation and expenses

469.470 Powers and duties; rules

469.480 Local government advisory group; special advisory groups; compensation and expenses; Electric and Magnetic Field Committee; rules

(Rules; Standards; Compliance)

469.490 Adoption of rules; determination of validity

469.501 Energy facility siting, construction, operation and retirement standards; exemptions

469.503 Requirements for approval of energy facility site certificate; carbon dioxide emissions standard; offset funds; use of offset funds by qualifying organization; rules

469.504 Facility compliance with statewide planning goals; exception; amendment of local plan and land use regulations; conflicts; technical assistance; rules

469.505 Consultation with other agencies

469.507 Monitoring environmental and ecological effects of construction and operation of energy facilities

469.520 Cooperation of state governmental bodies; adoption of rules by state agencies on energy facility development

(Plant Operations; Radioactive Wastes)

469.525 Radioactive waste disposal facilities prohibited; exceptions; rules

469.530 Review and approval of security programs

469.533 State Department of Energy rules for health protection and evacuation procedures in nuclear emergency

469.534 County procedures

469.535 Governor may assume control of emergency operations during nuclear accident or catastrophe

469.536 Public utility to disseminate information under ORS 469.533

469.540 Reductions or curtailment of operations for violation of safety standards; notice; time period for repairs; transport and disposal of radioactive materials

469.550 Order for halt of plant operations or activities with radioactive material; notice

469.553 Active uranium mill or mill tailings disposal facility site certification required; procedure for review; fees

469.556 Rules governing uranium-related activities

469.559 Cooperative agreements authorized between council and federal officials and agencies; rules; powers of Governor; exception for inactive or abandoned site

(Records)

469.560 Records; public inspection; confidential information

(Insurance)

469.561 Property insurance required; exceptions; filing of policy

469.562 Eligible insurers

(Enforcement)

469.563 Court orders for enforcement

(Oregon Hanford Cleanup Board)

469.566 Legislative findings

469.568 Construction of ORS 469.566 to 469.583

469.569 Definitions for ORS 469.566 to 469.583

469.571 Oregon Hanford Cleanup Board; members; appointment

469.572 Compensation of board members

469.573 Purpose of Oregon Hanford Cleanup Board

469.574 Duties of Oregon Hanford Cleanup Board; coordination with Washington

469.575 Duties of chairperson of Oregon Hanford Cleanup Board

469.576 Review of Hanford as site selected for long-term disposal of high-level radioactive waste

469.577 Lead agency; agreements with federal agencies related to long-term disposal of high-level radioactive waste

469.578 Oregon Hanford Cleanup Board to implement agreements with federal agencies

469.579 Authority to accept moneys; disbursement of funds; rules

469.581 Advisory and technical committees

469.582 Cooperation with Oregon Hanford Cleanup Board; technical assistance from other state agencies

469.583 Rules

(Federal Site Selection)

469.584 Findings

469.585 Activities of state related to selection of high-level radioactive waste disposal site

(Hanford Nuclear Reservation)

469.586 Findings

469.587 Position of State of Oregon related to operation of Hanford Nuclear Reservation

(Siting of Nuclear-Fueled Thermal Power Plants)

469.590 Definitions for ORS 469.590 to 469.595

469.593 Findings

469.594 Storage of high-level radioactive waste after expiration of license prohibited; continuing responsibility for storage; implementation agreements

469.595 Condition to site certificate for nuclear-fueled thermal power plant

469.597 Election procedure; elector approval required

469.599 Public Utility Commission’s duty

469.601 Effect of ORS 469.595 on applications and applicants

(Transportation of Radioactive Material)

469.603 Intent to regulate transportation of radioactive material

469.605 Permit to transport required; application; delegation of authority to issue permits; fees; rules

469.606 Determination of best and safest route

469.607 Authority of council; rules

469.609 Annual report to state agencies and local governments on shipment of radioactive wastes

469.611 Emergency preparedness and response program; radiation emergency response team; training

469.613 Records; inspection; rules

469.615 Indemnity for claims against state insurance coverage certification; reimbursement for costs incurred in nuclear incident

469.617 Report to legislature; content

469.619 State Department of Energy to make federal regulations available

RESIDENTIAL ENERGY CONSERVATION ACT

(Investor-Owned Utilities)

469.631 Definitions for ORS 469.631 to 469.645

469.633 Investor-owned utility program

469.634 Contributions for urban and community forest activities by customers of investor-owned utilities; rules; uses

469.635 Alternative program of investor-owned utilities

469.636 Additional financing program by investor-owned utility for rental dwelling

469.637 Energy conservation part of utility service of investor-owned utility

469.639 Billing for energy conservation measures

469.641 Conditions for cash payments to dwelling owner by investor-owned utility

469.643 Formula for customer charges; rules

469.645 Implementation of program by investor-owned utility

(Publicly Owned Utilities)

469.649 Definitions for ORS 469.649 to 469.659

469.651 Publicly owned utility program

469.652 Contributions for urban and community forest activities by customers of publicly owned utilities; rules; uses

469.653 Alternative program of publicly owned utility

469.655 Energy conservation as part of utility service of publicly owned utility

469.657 Conditions for cash payments to dwelling owner by publicly owned utility

469.659 Implementation of program by publicly owned utility

(Oil Dealers)

469.673 Definitions for ORS 469.673 to 469.683

469.675 Oil dealer program

469.677 Contracts for information, assistance and technical advice; standards for energy audits

469.679 Implementation by fuel dealer

469.681 Petroleum supplier assessment; computation; effect of failure to pay; interest

469.683 Oil-Heated Dwellings Energy Audit Account

(Miscellaneous)

469.685 Use of earlier energy audit

469.687 Title for ORS 469.631 to 469.687

ENERGY CONSERVATION PROGRAMS

(Single Family Residence)

469.700 Energy efficiency ratings; public information; “single family residence” defined

(Low Interest Loans)

469.710 Definitions for ORS 469.710 to 469.720

469.715 Low interest loans for cost-effective energy conservation; rate

469.717 When installation to be completed

469.719 Eligibility of lender for tax credit not affected by owner’s failure

469.720 Energy audit required; permission to inspect required; owner not to receive other incentives

(Public Buildings)

469.730 Declaration of purpose

469.735 Definitions for ORS 469.730 to 469.745

469.740 Rules establishing energy conservation standards for public buildings; bases

469.745 Voluntary compliance program

469.750 State purchase of alternative fuels

(State Agency Projects)

469.752 Definitions for ORS 469.752 to 469.756

469.754 Authority of state agencies to establish projects; use of savings; rules

469.756 Rules; technical assistance; evaluations

PACIFIC NORTHWEST ELECTRIC POWER AND CONSERVATION PLANNING COUNCIL

469.802 Definition for ORS 469.802 to 469.845

469.803 Oregon participation in Pacific Northwest Electric Power and Conservation Planning Council

469.805 State members of council; confirmation; qualifications

469.810 Conflicts of interest prohibited

469.815 Status of members; duties; attendance at public meetings; technical assistance

469.820 Term; reappointment; vacancy

469.825 Prohibited activities of members

469.830 Removal of members; grounds; procedure

469.835 Salary of members; staff

469.840 Northwest Regional Power and Conservation Account; uses

469.845 Annual report to Governor and legislature

COMMERCIAL ENERGY CONSERVATION SERVICES PROGRAM

469.860 Definitions for ORS 469.860 to 469.900

469.863 Gas utility to adopt commercial energy audit program; rules

469.865 Electric utility to adopt commercial energy conservation services program

469.870 Application of ORS 469.865, 469.870 and 469.900 (1) to electric utility

469.875 Fee for gas utility audit

469.880 Energy audit program; rules

469.885 Publicly owned utility to adopt commercial energy audit program; fee

469.890 Publicly owned utility to adopt commercial energy conservation program; fees; rules

469.895 Application of ORS 469.890 to 469.900 to publicly owned utility

469.900 Duty of commission to avoid conflict with federal requirements

NORTHWEST INTERSTATE COMPACT ON LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT

469.930 Northwest Interstate Compact on Low-Level Radioactive Waste Management

POWER COSTS AND RATES

469.950 Authority to enter into interstate cooperative agreements to control power costs and rates; Bonneville Power Administration

PENALTIES

469.990 Penalties

469.992 Civil penalties

GENERAL PROVISIONS

469.010 Policy. The Legislative Assembly finds and declares that:

(1) Continued growth in demand for nonrenewable energy forms poses a serious and immediate, as well as future, problem. It is essential that future generations not be left a legacy of vanished or depleted resources, resulting in massive environmental, social and financial impact.

(2) It is the goal of Oregon to promote the efficient use of energy resources and to develop permanently sustainable energy resources. The need exists for comprehensive state leadership in energy production, distribution and utilization. It is, therefore, the policy of Oregon:

(a) That development and use of a diverse array of permanently sustainable energy resources be encouraged utilizing to the highest degree possible the private sector of our free enterprise system.

(b) That through state government example and other effective communications, energy conservation and elimination of wasteful and uneconomical uses of energy and materials be promoted. This conservation must include, but not be limited to, resource recovery and materials recycling.

(c) That the basic human needs of every citizen, present and future, shall be given priority in the allocation of energy resources, commensurate with perpetuation of a free and productive economy with special attention to the preservation and enhancement of environmental quality.

(d) That state government assist every citizen and industry in adjusting to a diminished availability of energy.

(e) That energy-efficient modes of transportation for people and goods shall be encouraged, while energy-inefficient modes of transportation shall be discouraged.

(f) That cost-effectiveness be considered in state agency decision-making relating to energy sources, facilities or conservation, and that cost-effectiveness be considered in all agency decision-making relating to energy facilities.

(g) That state government shall provide a source of impartial and objective information in order that this energy policy may be enhanced. [1975 c.606 §1; 1979 c.723 §1]

469.020 Definitions. As used in ORS 176.820, 469.010 to 469.155, 469.860 (3), 469.880 to 469.895, 469.900 (3), 469.990, 469.992, 757.710 and 757.720, unless the context requires otherwise:

(1) “Agency” includes a department or other agency of state government, city, county, municipal corporation, political subdivision, port, people’s utility district, joint operating agency and electric cooperative.

(2) “Coal supplier” means any person engaged in the wholesale distribution in this state of coal intended for use in this state for an energy facility.

(3) “Cost-effective” means that an energy resource, facility or conservation measure during its life cycle results in delivered power costs to the ultimate consumer no greater than the comparable incremental cost of the least cost alternative new energy resource, facility or conservation measure. Cost comparison under this definition shall include but not be limited to:

(a) Cost escalations and future availability of fuels;

(b) Waste disposal and decommissioning costs;

(d) Geographic, climatic and other differences in the state; and

(e) Environmental impact.

(4) “Council” means the Energy Facility Siting Council established under ORS 469.450.

(5) “Department” means the State Department of Energy created under ORS 469.030.

(6) “Director” means the Director of the State Department of Energy appointed under ORS 469.040.

(7) “Energy facility” has the meaning given in ORS 469.300.

(8) “Energy generation area” means an area within which the effects of two or more small generating plants may accumulate so the small generating plants have effects of a magnitude similar to a single generating plant of 25 megawatts or more. An energy generation area for facilities using a geothermal resource and covered by a unit agreement, as provided in ORS 522.405 to 522.545 or by federal law, shall be defined in that unit agreement. If no such unit agreement exists, an energy generation area for facilities using a geothermal resource shall be the area that is within two miles, measured from the electrical generating equipment of the facility, of an existing or proposed geothermal electric power generating plant, not including the site of any other such plant not owned or controlled by the same person.

(9) “Geothermal reservoir” means an aquifer or aquifers containing a common geothermal fluid.

(10) “Nominal electric generating capacity” has the meaning given in ORS 469.300.

(11) “Person” means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, people’s utility district, or any other entity, public or private, however organized.

(12) “Petroleum supplier” means a petroleum refiner in this state, or any person engaged in the wholesale distribution of crude petroleum or derivative thereof or of propane in this state.

(13) “Related or supporting facilities” means any structure, proposed by the applicant, to be constructed or substantially modified in connection with the construction of an energy facility, including associated transmission lines, reservoirs, storage facilities, intake structure, road and rail access, pipelines, barge basins, office or public buildings, and commercial and industrial structures. “Related or supporting facilities” does not include geothermal or underground gas storage reservoirs, production, injection or monitoring wells or wellhead equipment or pumps.

(14) “Site” means a proposed location of an energy facility, and its related or supporting facilities.

(15) “Thermal power plant” has the meaning given that term by ORS 469.300.

(16) “Utility” includes:

(a) An individual, a regulated electrical company, a people’s utility district, a joint operating agency, an electric cooperative, municipality or any combination thereof, engaged in or authorized to engage in the business of generating, transmitting or distributing electric energy;

(b) A person or public agency generating electric energy from an energy facility for its own consumption; and

(c) A person engaged in this state in the transmission or distribution of natural or synthetic gas. [1975 c.606 §2; 1977 c.794 §1; 1979 c.723 §2; 1981 c.629 §1; 1981 c.792 §1; 1991 c.480 §3; 1993 c.569 §1; 1995 c.505 §4; 1995 c.551 §2; 2003 c.186 §16]

STATE DEPARTMENT OF ENERGY; ADMINISTRATION

469.030 State Department of Energy; duties. (1) There is created the State Department of Energy.

(2) The State Department of Energy shall:

(a) Be the central repository within the state government for the collection of data on energy resources;

(b) Endeavor to utilize all public and private sources to inform and educate the public about energy problems and ways in which the public can conserve energy resources;

(c) Engage in research, but whenever possible, contract with appropriate public or private agencies and dispense funds for research projects and other services related to energy resources, except that the State Department of Energy shall endeavor to avoid duplication of research whether completed or in progress;

(d) Qualify for, accept and disburse or utilize any private or federal moneys or services available for the administration of ORS 176.820, 192.501 to 192.505, 192.690, 469.010 to 469.155, 469.300 to 469.563, 469.990, 757.710 and 757.720;

(e) Administer federal and state energy allocation and conservation programs and energy research and development programs and apply for and receive available funds therefor;

(f) Be a clearinghouse for energy research to which all agencies shall send information on all energy related research;

(g) Prepare contingent energy programs to include all forms of energy not otherwise provided pursuant to ORS 757.710 and 757.720;

(h) Maintain an inventory of energy research projects in Oregon and the results thereof;

(i) Collect, compile and analyze energy statistics, data and information;

(j) Contract with public and private agencies for energy activities consistent with ORS 469.010 and this section; and

(k) Upon request of the governing body of any affected jurisdiction, coordinate a public review of a proposed transmission line according to the provisions of ORS 469.442. [1975 c.606 §4; 1981 c.792 §2; 1987 c.200 §4; 1993 c.569 §2; 1995 c.551 §3; 1999 c.934 §5; 1999 c.1043 §9; 2003 c.186 §1]

469.040 Director; duties; appointment; rules. (1) The State Department of Energy shall be under the supervision of the Director of the State Department of Energy, who shall:

(a) Supervise the day-to-day functions of the State Department of Energy;

(b) Supervise and facilitate the work and research on energy facility siting applications at the direction of the Energy Facility Siting Council;

(c) Hire, assign, reassign and coordinate personnel of the State Department of Energy, prescribe their duties and fix their compensation, subject to the State Personnel Relations Law; and

(d) Adopt rules and issue orders to carry out the duties of the director and the State Department of Energy in accordance with ORS chapter 183 and the policy stated in ORS 469.010.

(2) The director may delegate to any officer or employee the exercise and discharge in the director’s name of any power, duty or function of whatever character vested in the director by law. The official act of any person acting in the director’s name and by the director’s authority shall be considered an official act of the director.

(3) The director shall be appointed by the Governor. [1975 c.606 §5; 1985 c.593 §1; 1993 c.496 §3; 1995 c.551 §4; 1999 c.934 §6; 1999 c.1043 §10; 2003 c.186 §3]

469.050 Limitations on subsequent employment of director; sanctions. (1) A person who has been the Director of the State Department of Energy shall not, within two years after the person ceases to be the director, be an employee of:

(a) An owner or operator of an energy facility;

(b) An applicant for a site certificate; or

(c) Any person who engages in the sale or manufacture of any energy resource or of any major component of an energy facility in Oregon.

(2) Employment of any individual in violation of subsection (1)(a) or (b) of this section shall be grounds for the revocation of any license issued by this state or any agency thereof and held by the person that employs such individual. [1975 c.606 §§6,7]

469.055 Authority of department to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181.534, the State Department of Energy may require the fingerprints of a person who:

(1)(a) Is employed or applying for employment by the department; or

(b) Provides services or seeks to provide services to the department as a contractor or volunteer; and

(2) Is, or will be, working or providing services in a position:

(a) In the Hanford nuclear safety program;

(b) In which the person conducts energy audits in schools, colleges, universities or medical facilities;

(d) That has personnel or human resources functions as one of the position’s primary responsibilities;

(e) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;

(f) In which the person has access to personal information about employees or members of the public including Social Security numbers, dates of birth, driver license numbers or criminal background information; or

(g) In which the person has access to tax or financial information about individuals or business entities or processes tax credits. [2005 c.730 §7]

Note: 469.055 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

469.060 Comprehensive energy plan; energy pricing structures research. (1) Every odd-numbered year, the State Department of Energy shall transmit to the Governor and the Legislative Assembly a comprehensive plan including comments on the energy forecasts of the utilities and on the department’s independent analysis and evaluation. The plan shall be designed to identify emerging trends related to energy supply, need and conservation and public health and safety factors, to estimate the level of statewide energy need for each year in the forthcoming five-year period and for the 10th and 20th year following issuance of the plan.

(2) Notwithstanding ORS 469.030 (2)(c), the department shall conduct research into all energy pricing structures, relating price to consumption and considering the interchangeability of the various energy forms. In conducting the research, the department shall consider matters including, but not limited to, price elasticity, cross elasticity of demand and energy rate structures, as well as the rate structure studies of the Public Utility Commission. This research shall be submitted biennially to the Legislative Assembly and the Governor as a part of the plan described in subsection (1) of this section.

(3) Consistent with the legislatively approved budget, the plan described in subsections (1) and (2) of this section shall include, but not be limited to:

(a) An inventory of existing energy resources available to Oregon.

(b) An estimation of the potential contribution that various energy resources could make in satisfying Oregon’s future energy needs consistent with the policy stated in ORS 469.010 and where appropriate, the energy plan and fish and wildlife program adopted by the Pacific Northwest Electric Power and Conservation Planning Council pursuant to P.L. 96-501.

(c) Recommendations for state and local governments to assist in the development and maximum use of cost-effective conservation and renewable resources, consistent with the policy stated in ORS 469.010 and, where appropriate, the energy plan and fish and wildlife program adopted by the Pacific Northwest Electric Power and Conservation Planning Council pursuant to P.L. 96-501.

(d) Recommendations for proposed research, development and demonstration projects and programs necessary to evaluate the availability and cost-effectiveness of conservation and renewable resources in Oregon.

(4) The plan described in this section shall be compiled by organizing and refining data acquired by the department in the performance of its existing duties. [1975 c.606 §8; 1983 c.273 §1; 1989 c.466 §1; 1995 c.505 §5; 1995 c.551 §19a]

469.070 Energy forecast; contents; fees. (1) At least biennially the State Department of Energy shall issue a forecast on the energy situation as it affects Oregon. The forecast shall include, but not be limited to, an estimate of:

(a) Energy demand and the resources available to meet that demand; and

(b) Impacts of conservation and new technology, increased efficiency of present energy facilities, additions to present facilities, and construction of new facilities, on the availability of energy to Oregon.

(2) The forecast shall include summary forecasts for:

(a) Each of the first five years immediately following issuance of the forecast; and

(b) The 10th and 20th year following the issuance of the forecast.

(3) The forecast shall identify all major components of demand and any anticipated increase in demand, including but not limited to population, commercial, agricultural and industrial growth.

(4) The State Department of Energy, by July 1 of each even-numbered year, shall issue a statement setting forth the methodology and assumptions it intends to employ in preparing the forthcoming forecast, any changes in the preceding forecast, and an outline of the contents of the biennial plan to be published by the department on the following January 1, and not later than the 45th day thereafter, commence public hearings thereon.

(5) All state agencies, energy suppliers, owners of energy facilities, and other persons whom the Director of the State Department of Energy believes have an interest in the subject or who have applied to the director therefor, shall be supplied a copy of the statement issued by the department on July 1 of each even-numbered year. The director may charge a reasonable fee for a copy of this statement not to exceed the cost thereof.

(6) After the public hearings required by subsection (4) of this section, but not later than January 1 following the issuance of its statement, the department shall issue the forecast required by subsection (1) of this section.

(7) The forecast shall be included within the plan provided for in ORS 469.060 (1). [1975 c.606 §9; 1977 c.794 §3; 1983 c.273 §2; 2003 c.186 §17]

469.080 Energy resource information; subpoena power; depositions; limitations on obtaining information; protection from abuse. (1) The Director of the State Department of Energy may obtain all necessary information from producers, suppliers and consumers of energy resources within Oregon, and from political subdivisions in this state, as necessary to carry out ORS 176.820, 192.501 to 192.505, 192.690, 469.010 to 469.155, 469.300 to 469.563, 469.990, 469.992, 757.710 and 757.720. Such information may include, but not be limited to:

(a) Sales volume;

(b) Forecasts of energy resource requirements;

(d) Local distribution patterns of information under paragraphs (a) to (c) of this subsection.

(2) In obtaining information under subsection (1) of this section, the director, with the written consent of the Governor, may subpoena witnesses, material and relevant books, papers, accounts, records and memoranda, administer oaths, and may cause the depositions of persons residing within or without Oregon to be taken in the manner prescribed for depositions in civil actions in circuit courts, to obtain information relevant to energy resources.

(3) In obtaining information under this section, the director:

(a) Shall avoid eliciting information already furnished by a person or political subdivision in this state to a federal, state or local regulatory authority that is available to the director for such study; and

(b) Shall cause reporting procedures, including forms, to conform to existing requirements of federal, state and local regulatory authorities.

(4) Any person who is served with a subpoena to give testimony orally or in writing or to produce books, papers, correspondence, memoranda, agreements or the documents or records as provided in ORS 176.820, 192.501 to 192.505, 192.690, 469.010 to 469.155, 469.300 to 469.563, 469.990, 469.992, 757.710 and 757.720, may apply to any circuit court in Oregon for protection against abuse or hardship in the manner provided in ORCP 36 C. [1975 c.606 §18; 1977 c.358 §9; 1977 c.794 §4a; 1979 c.284 §154; 2003 c.186 §18]

469.085 Procedure for imposing civil penalties; rules. (1) Except as otherwise provided in this section, civil penalties under ORS 469.992 shall be imposed as provided in ORS 183.745.

(2) Notwithstanding ORS 183.745 (2), the notice to the person against whom a civil penalty is to be imposed shall reflect a complete statement of the consideration given to the factors listed in subsection (7) of this section. The notice may be served by either the Director of the State Department of Energy or the Energy Facility Siting Council.

(3) Notwithstanding ORS 183.745, if a hearing is not requested or if the person requesting a hearing fails to appear, a final order shall be entered upon a prima facie case made on the record of the agency.

(4) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law. An action taken by the director or the council under this section may be joined by the director or the council with any other action against the same person under this chapter.

(5) Any civil penalty recovered under this section shall be paid into the General Fund.

(6) The director or the council shall adopt by rule a schedule of the amount of civil penalty that may be imposed for a particular violation.

(7) In imposing a penalty under ORS 469.992, the director or the council shall consider:

(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct or prevent any violation;

(b) Any prior violations of ORS chapter 469 or rules, orders or permits relating to the alleged violation;

(d) Any other factors determined by the director or the council to be relevant; and

(e) The alleged violator’s cooperativeness and effort to correct the violation.

(8) The penalty imposed under ORS 469.992 may be remitted or mitigated upon such terms and conditions as the director or council determines to be proper. Upon the request of the person incurring the penalty, the director or council shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated. [1991 c.480 §2; 1991 c.734 §106; 2003 c.186 §19]

469.090 Confidentiality of information submitted under ORS 469.080. (1) Information furnished under ORS 469.080 shall be confidential and maintained as such, if so requested by the person providing the information, if the information meets one of the following requirements:

(a) The information is proprietary in nature; or

(b) The information consists of geological and geophysical information and data, including maps, concerning oil, gas or geothermal resource wells.

(2) Nothing in this section prohibits the use of confidential information to prepare statistics or other general data for publication, so presented as to prevent identification of particular persons. [1975 c.606 §19]

469.095 [1979 c.561 §9; repealed by 1993 c.475 §3]

469.097 Duty to monitor industry progress in energy conservation. The State Department of Energy shall to the extent permitted by its resources monitor industry progress in achieving energy conservation. [1981 c.865 §3; 1987 c.158 §96]

469.100 Agency consideration of legislative policy; agency review of rules. (1) All agencies shall consider the policy stated in ORS 469.010 in adopting or modifying their rules and policies.

(2) All agencies shall review their rules and policies to determine their consistency with the policy stated in ORS 469.010. [1975 c.606 §3; 1995 c.551 §20]

469.110 Dealings with federal government; intervention by State Department of Energy in agency action. (1) As to any matter involving the federal government, its departments or agencies, which is within the scope of the power and duties of the State Department of Energy, the department may represent its interest or, upon request, may represent the interest of any county, city, state agency, special district or owner or operator of any energy facility.

(2) The department may intervene in any proceeding undertaken by an agency for the purpose of expressing its views as to the effect of an agency action, upon state energy resources and state energy policy. [1975 c.606 §12]

469.120 State Department of Energy Account; appropriation; record of moneys. (1) The State Department of Energy Account is established.

(2) All funds received by the State Department of Energy pursuant to law shall be paid into the State Treasury and credited to the State Department of Energy Account. All moneys in the account are continuously appropriated to the State Department of Energy for payment of expenses of the State Department of Energy, the Oregon Department of Administrative Services and the Energy Facility Siting Council.

(3) The Director of the State Department of Energy shall keep a record of all moneys deposited in the State Department of Energy Account. The record shall indicate by special cumulative accounts the source from which moneys are derived and the individual activity against which each withdrawal is charged. [1975 c.606 §13; 1995 c.551 §5; 2003 c.186 §7]

469.130 [1975 c.606 §47; 1977 c.794 §5; 1977 c.891 §10; 1987 c.879 §16; repealed by 1995 c.551 §21]

469.135 Energy Conservation Clearinghouse for Commerce and Industry. The State Department of Energy shall expand the Energy Conservation Clearinghouse for Commerce and Industry so that it provides:

(1) Current information to business and industry on:

(a) State and federal financing mechanisms;

(b) Tax advantages of energy conservation investments; and

(2) Teaching on conservation techniques and management of energy by corporations. [1981 c.865 §2]

469.140 [1975 c.606 §48; repealed by 1977 c.794 §6]

469.150 Energy suppliers to provide conservation services and information; rules. (1) As used in this section “energy conservation services” means services provided by energy suppliers to educate and inform customers and the public about energy conservation. Such services include but are not limited to providing answers to questions concerning energy saving devices and providing inspections and making suggestions concerning the construction and siting of buildings and residences.

(2) Energy suppliers other than public utilities as defined in ORS 757.005, that produce, transmit, deliver or furnish heat, light or power shall establish energy conservation services and shall provide energy conservation information to customers and to the public. The services shall be performed in accordance with such guidelines as the Director of the State Department of Energy may by rule prescribe.

(3) As used in this section “energy supplier” means a publicly owned utility or fuel oil dealer which supplies electricity or fuel oil for the space heating of dwellings. [1977 c.887 §13]

469.155 Advisory energy conservation standards for dwellings; rules. (1) As used in this section:

(a) “Dwelling” means real or personal property inhabited as the principal residence of an owner or renter. “Dwelling” includes a manufactured dwelling as defined in ORS 446.003, a floating home as defined in ORS 830.700 and multiple unit residential housing. “Dwelling” does not include a recreational vehicle as defined in ORS 446.003.

(b) “Energy conservation standards” means standards for the efficient use of energy for space and water heating in a dwelling.

(2) The Director of the State Department of Energy shall establish advisory energy conservation standards for existing dwellings. The standards shall be adopted by rule in accordance with ORS 183.310 to 183.410. The standards:

(a) Shall take cost-effectiveness into account; and

(b) Shall be compatible with and further the state’s incentive programs for residential energy conservation.

(3) The director shall publicize the energy conservation standards and encourage home owners to voluntarily comply with the standards. [1981 c.565 §2; 1987 c.158 §97; 1989 c.648 §65; 2003 c.186 §20]

469.157 [1981 c.746 §7; repealed by 1995 c.79 §287]

469.160 [1977 c.196 §2; 1979 c.670 §3; 1981 c.894 §4; 1983 c.346 §1; 1983 c.768 §2; 1987 c.492 §2; 1989 c.880 §1; 1995 c.746 §19a; 1997 c.534 §4; 1999 c.510 §1; 2001 c.584 §5; 2005 c.832 §6; 2007 c.843 §28; 2011 c.730 §70; renumbered 469B.100 in 2011]

469.165 [1977 c.196 §3; 1989 c.880 §2; 1997 c.534 §5; 2005 c.832 §7; 2007 c.843 §30; 2011 c.730 §70a; renumbered 469B.103 in 2011]

469.170 [1977 c.196 §4; 1979 c.670 §4; 1981 c.894 §5; 1983 c.346 §2; 1987 c.492 §3; 1989 c.880 §3; 1995 c.746 §20; 1997 c.534 §6; 1999 c.21 §78; 2001 c.584 §6; 2003 c.186 §21; 2005 c.832 §8; 2007 c.843 §31; 2011 c.730 §71; renumbered 469B.106 in 2011]

469.171 [1999 c.765 §2; renumbered 469B.109 in 2011]

469.172 [1989 c.880 §7; 1995 c.746 §20a; 1999 c.510 §2; 2001 c.584 §7; 2005 c.832 §9; 2007 c.843 §32; 2011 c.730 § 72; renumbered 469B.112 in 2011]

469.175 [1977 c.196 §5; 1979 c.670 §5; 1981 c.894 §6; 1983 c.346 §3; 1987 c.492 §4; repealed by 1989 c.880 §4 (469.176 enacted in lieu of 469.175)]

469.176 [1989 c.880 §5 (enacted in lieu of 469.175); 1997 c.534 §7; 2005 c.832 §10; 2007 c.843 §33; renumbered 469B.115 in 2011]

469.180 [1977 c.196 §6; 1979 c.670 §6; 1981 c.894 §7; 1983 c.346 §4; 1987 c.492 §5; 1989 c.880 §8; 1993 c.684 §1; 1997 c.534 §10; 2003 c.186 §22; 2005 c.832 §11; 2007 c.843 §34; renumbered 469B.118 in 2011]

469.185 [1979 c.512 §3; 1981 c.894 §17; 1985 c.745 §1; 1991 c.711 §1; 1997 c.534 §11; 1997 c.656 §5; 1999 c.365 §1; 1999 c.623 §4; 1999 c.765 §4; 2001 c.583 §4; 2007 c.591 §1; 2007 c.843 §16; 2010 c.76 §4; 2011 c.474 §25; renumbered 469B.130 in 2011]

469.190 [1979 c.512 §2; renumbered 469B.133 in 2011]

469.195 [1979 c.512 §4; 1985 c.745 §2; 2010 c.76 §6; renumbered 469B.136 in 2011]

469.197 [2007 c.843 §22; 2008 c.29 §1; 2010 c.76 §7; 2011 c.474 §26; renumbered 469B.139 in 2011]

469.200 [1979 c.512 §5; 1981 c.894 §18; 1985 c.745 §3; 1987 c.158 §98; 1991 c.711 §3; 1993 c.684 §2; 1995 c.746 §15a; 1997 c.534 §12; 1997 c.656 §6a; 1999 c.365 §2; 2003 c.186 §23; 2007 c.843 §17; 2008 c.29 §2; 2010 c.76 §§8,9,9a; 2011 c. 474 §§27,28,29; renumbered 469B.142 in 2011]

469.205 [1979 c.512 §6; 1981 c.894 §19; 1985 c.745 §4; 1989 c.765 §7; 1991 c.711 §2; 1993 c.684 §3; 1995 c.746 §16; 1997 c.656 §7; 1999 c.623 §5; 1999 c.765 §5; 2001 c.583 §5; 2001 c.660 §2; 2003 c.186 §24; 2007 c.843 §18; 2008 c.29 §3; 2010 c.76 §10; 2011 c.474 §30; renumbered 469B.145 in 2011]

469.206 [1997 c.534 §9; 2001 c.583 §6; 2007 c.843 §19; 2009 c.288 §4; renumbered 469B.148 in 2011]

469.207 [1985 c.745 §9; 1993 c.684 §4; 1995 c.746 §16a; 2001 c.583 §7; renumbered 469B.151 in 2011]

469.208 [1993 c.684 §6; renumbered 469B.154 in 2011]

469.210 [1979 c.512 §7; 1995 c.746 §17; 1997 c.656 §8; 1999 c.365 §3; 2001 c.583 §7a; 2003 c.186 §25; 2010 c.76 §11; renumbered 469B.157 in 2011]

469.215 [1979 c.512 §8; 1981 c.894 §20; 1985 c.745 §5; 1989 c.765 §8; 1991 c.711 §4; 1995 c.746 §18; 1997 c.656 §9; 1999 c.365 §4; 1999 c.623 §6; 2001 c.583 §8; 2001 c.660 §1b; 2003 c.186 §26; 2007 c.843 §20; 2008 c.29 §4; 2010 c.76 §12; renumbered 469B.161 in 2011]

469.217 [1985 c.745 §8; renumbered 469B.164 in 2011]

469.220 [1979 c.512 §9; 2010 c.76 §13; 2011 c.693 §3; renumbered 469B.167 in 2011]

469.225 [1979 c.512 §10; 2003 c.186 §27; 2008 c.29 §5; 2010 c.76 §14; 2011 c.474 §31; renumbered 469B.169 in 2011]

469.228 [1989 c.926 §1; 1991 c.67 §134; 1991 c.641 §5; 1993 c.617 §1; repealed by 1999 c.880 §2]

ENERGY EFFICIENCY STANDARDS

469.229 Definitions for ORS 469.229 to 469.261. As used in ORS 469.229 to 469.261, unless the context clearly requires otherwise:

(1) “Automatic commercial ice cube machine” means a factory-made assembly, not necessarily shipped in one package, consisting of a condensing unit and ice-making section operating as an integrated unit with means for making and harvesting ice cubes, and any integrated components for storing or dispensing ice.

(2) “Ballast” means a device used with an electric discharge lamp to obtain necessary circuit conditions for starting and operating the lamp.

(3) “Bottle-type water dispenser” means a water dispenser that uses a bottle or reservoir as the source of potable water.

(4) “Commercial clothes washer” means a soft mount horizontal-axis or vertical-axis clothes washer that:

(a) Has a clothes compartment no greater than 3.5 cubic feet in the case of a horizontal-axis product or no greater than 4 cubic feet in the case of a vertical-axis product; and

(b) Is designed for use by more than one household.

(5)(a) “Commercial hot food holding cabinet” means an appliance that is a heated, fully-enclosed compartment with one or more solid doors and is designed to maintain the temperature of hot food that has been cooked in a separate appliance.

(b) “Commercial hot food holding cabinet” does not include heated glass merchandising cabinets, drawer warmers or cook-and-hold appliances.

(6) “Commercial prerinse spray valve” means a handheld device designed and marketed for use with commercial dishwashing equipment and that sprays water on dishes, flatware and other food service items for the purpose of removing food residue prior to their cleaning.

(7) “Commercial refrigerators or freezers” means refrigerators, freezers or refrigerator-freezers, smaller than 85 cubic feet of internal volume and designed for use by commercial or institutional facilities for the purpose of storing or merchandising food products, beverages or ice at specified temperatures, other than products without doors, walk-in refrigerators or freezers, consumer products that are federally regulated pursuant to 42 U.S.C. 6291 et seq. or freezers specifically designed for ice cream. “Commercial refrigerators or freezers”:

(a) Must incorporate most components involved in the vapor-compression cycle and the refrigerated compartment in a single cabinet; and

(b) May be configured with either solid or transparent doors as a reach-in cabinet, pass-through cabinet, roll-in cabinet or roll-through cabinet.

(8)(a) “Compact audio product,” also known as a mini, mid, micro or shelf audio system, means an integrated audio system encased in a single housing that includes an amplifier and radio tuner and attached or separable speakers that can reproduce audio from one or more of the following media:

(A) Magnetic tape;

(B) Compact disc;

(D) Flash memory.

(b) “Compact audio product” does not include products that can be independently powered by internal batteries, have a powered external satellite antenna or can provide a video output signal.

(9) “Compensation” means money or any other valuable thing, regardless of form, received or to be received by a person for services rendered.

(10) “Digital versatile disc” or “DVD” means a laser-encoded plastic medium capable of storing a large amount of digital audio, video and computer data.

(11)(a) “Digital versatile disc player” or “digital versatile disc recorder” means a commercially available electronic product encased in a single housing that includes an integral power supply and for which the sole purpose is, respectively, the decoding and the production or recording of digitized video signal on a DVD.

(b) “Digital versatile disc recorder” does not include models that have an electronic programming guide function that provides an interactive, on-screen menu of television listings and downloads program information from the vertical blanking interval of a regular television signal.

(12) “High-intensity discharge lamp” means a lamp in which light is produced by the passage of an electric current through a vapor or gas, and in which the light-producing arc is stabilized by bulb wall temperature and the arc tube has a bulb wall loading in excess of three watts per square centimeter.

(13) “Illuminated exit sign” means an internally illuminated sign that is designed to be permanently fixed in place to identify a building exit, that consists of an electrically powered integral light source that illuminates the legend “EXIT” and any directional indicators and that provides contrast between the legend, any directional indicators and the background.

(14) “Metal halide lamp” means a high-intensity discharge lamp in which the major portion of the light is produced by radiation of metal halides and their products of dissociation, possibly in combination with metallic vapors.

(15) “Metal halide lamp fixture” means a light fixture designed to be operated with a metal halide lamp and a ballast for a metal halide lamp.

(16) “Pass-through cabinet” means a commercial refrigerator or freezer with hinged or sliding doors on both the front and rear of the unit.

(17) “Portable electric spa” means a factory-built electric spa or hot tub supplied with equipment for heating and circulating water.

(18) “Probe-start metal halide lamp ballast” means a ballast used to operate metal halide lamps that does not contain an igniter and that instead starts metal halide lamps by using a third starting electrode probe in the arc tube.

(19) “Reach-in cabinet” means a commercial refrigerator or freezer with hinged or sliding doors or lids, other than roll-in or roll-through cabinets or pass-through cabinets.

(20) “Roll-in cabinet” means a commercial refrigerator or freezer with hinged or sliding doors that allow wheeled racks to be rolled into the unit.

(21) “Roll-through cabinet” means a commercial refrigerator or freezer with hinged or sliding doors on two sides of the cabinet that allow wheeled racks to be rolled through the unit.

(22)(a) “Single-voltage external AC to DC power supply” means a device, other than a product with batteries or battery packs that physically attach directly to the power supply unit, a product with a battery chemistry or type selector switch and indicator light or a product with a battery chemistry or type selector switch and a state of charge meter, that:

(A) Is designed to convert line voltage alternating current input into lower voltage direct current output;

(B) Is able to convert to only one direct current output voltage at a time;

(D) Is contained within a separate physical enclosure from the end-use product;

(E) Is connected to the end-use product via a removable or hard-wired male or female electrical connection, cable, cord or other wiring; and

(F) Has a nameplate output power less than or equal to 250 watts.

(b) “Single-voltage external AC to DC power supply” does not include power supplies that are classified as devices for human use under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 360c.

(23) “State-regulated incandescent reflector lamp” means a lamp that is not colored or designed for rough or vibrating service applications, that has an inner reflective coating on the outer bulb to direct the light, that has an E26 medium screw base, that has a rated voltage or voltage range that lies at least partially within 115 to 130 volts and that falls into one of the following categories:

(a) A bulged reflector or elliptical reflector bulb shape that has a diameter that equals or exceeds 2.25 inches; or

(b) A reflector, parabolic aluminized reflector or similar bulb shape that has a diameter of 2.25 to 2.75 inches.

(24) “Torchiere” means a portable electric lighting fixture with a reflective bowl that directs light upward so as to produce indirect illumination.

(25) “Traffic signal module” means a standard traffic signal indicator, consisting of a light source, a lens and all other parts necessary for operation, that is:

(a) Eight inches, or approximately 200 millimeters, in diameter; or

(b) Twelve inches, or approximately 300 millimeters, in diameter.

(26) “Unit heater” means a self-contained, vented fan-type commercial space heater, other than a consumer product covered by federal standards established pursuant to 42 U.S.C. 6291 et seq. or that is a direct vent, forced flue heater with a sealed combustion burner, that uses natural gas or propane and that is designed to be installed without ducts within a heated space.

(27) “Walk-in refrigerator” and “walk-in freezer” mean a space refrigerated to temperatures, respectively, at or above and below 32:DEGNB. F that can be walked into.

(28) “Water dispenser” means a factory-made assembly that mechanically cools and heats potable water and dispenses the cooled or heated water by integral or remote means. [2005 c.437 §1; 2007 c.375 §1; 2007 c.649 §1]

Note: 469.229 to 469.261 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

469.230 [1989 c.926 §3; repealed by 1999 c.880 §2]

469.232 [1989 c.926 §§4,10; 1993 c.617 §2; 1997 c.249 §165; 1997 c.632 §9; repealed by 1999 c.880 §2]

______________________________________________________________________________

469.233 Energy efficiency standards. The following minimum energy efficiency standards for new products are established:

(1)(a) Automatic commercial ice cube machines must have daily energy use and daily water use no greater than the applicable values in the following table:

______________________________________________________________________________

Equipment type Type of Harvest rate Maximum Maximum

cooling (lbs. ice/24 hrs.) energy use condenser

(kWh/100 lbs.) water use

(gallons/100 lbs. ice)

Ice-making head water <500 7.80 -.0055H 200 -.022H

≥500<1436 5.58 -.0011H 200 -.022H

≥1436 4.0 200 -.022H

Ice-making head air <450 10.26 -.0086H Not applicable

≥450 6.89 -.0011H Not applicable

Remote condensing

but not remote

compressor air <1000 8.85 -.0038 Not applicable

<1000 5.10 Not applicable

Remote condensing

and remote

compressor air <934 8.85 -.0038H Not applicable

≥934 5.30 Not applicable

Self-contained

models water <200 11.40 -.0190H 191 -.0315H

≥200 7.60 191 -.0315H

Self-contained

Models air <175 18.0 -.0469H Not applicable

≥175 9.80 Not applicable

Where H = harvest rate in pounds per 24 hours, which must be reported within 5 percent of the tested value. Maximum water use applies only to water used for the condenser.

______________________________________________________________________________

(b) For purposes of this subsection, automatic commercial ice cube machines shall be tested in accordance with the ARI 810-2003 test method as published by the Air-Conditioning and Refrigeration Institute. Ice-making heads include all automatic commercial ice cube machines that are not split system ice makers or self-contained models as defined in ARI 810-2003.

(2) Commercial clothes washers must have a minimum modified energy factor of 1.26 and a maximum water consumption factor of 9.5. For purposes of this subsection, capacity, modified energy factor and water consumption factor are defined and shall be measured in accordance with the federal test method for commercial clothes washers under 10 C.F.R. 430.23.

(3) Commercial prerinse spray valves must have a flow rate equal to or less than 1.6 gallons per minute when measured in accordance with the ASTM International’s “Standard Test Method for Prerinse Spray Valves,” ASTM F2324-03.

(4)(a) Commercial refrigerators or freezers must meet the applicable requirements listed in the following table:

______________________________________________________________________________

Equipment Type Doors Maximum Daily

Energy Consumption (kWh)

Reach-in cabinets, pass-through

cabinets and roll-in or roll-through Solid 0.10V + 2.04

cabinets that are refrigerators Transparent 0.12V + 3.34

Reach-in cabinets, pass-through

cabinets and roll-in or roll-through

cabinets that are “pulldown”

refrigerators Transparent 0.126V + 3.51

Reach-in cabinets, pass-through

cabinets and roll-in or roll-through Solid 0.40V + 1.38

cabinets that are freezers Transparent 0.75V + 4.10

Reach-in cabinets that are

refrigerator-freezers with an

AV of 5.19 or higher Solid 0.27AV - 0.71

kWh = kilowatt hours

V = total volume (ft⁶)

AV = adjusted volume = 1.63 x freezer volume (ft³) + refrigerator volume (ft³)

______________________________________________________________________________

(b) For purposes of this subsection:

(A) “Pulldown” designates products designed to take a fully stocked refrigerator with beverages at 90 degrees Fahrenheit and cool those beverages to a stable temperature of 38 degrees Fahrenheit within 12 hours or less.

(B) Daily energy consumption shall be measured in accordance with the American National Standards Institute/American Society of Heating, Refrigerating and Air-Conditioning Engineers test method 117-2002, except that:

(i) The back-loading doors of pass-through and roll-through refrigerators and freezers must remain closed throughout the test; and

(ii) The controls of all commercial refrigerators or freezers shall be adjusted to obtain the following product temperatures, in accordance with the California Code of Regulations, Title 20, Division 2, Chapter 4, Article 4, section 1604, table A-2, effective November 27, 2002:

______________________________________________________________________________

Product or compartment type Integrated average product temperature

in degrees Fahrenheit

Refrigerator 38 ± 2

Freezer 0 ± 2

______________________________________________________________________________

(5) Illuminated exit signs must have an input power demand of five watts or less per illuminated face. For purposes of this subsection, input power demand shall be measured in accordance with the conditions for testing established by the United States Environmental Protection Agency’s Energy Star exit sign program version 3.0. Illuminated exit signs must also meet all applicable building and safety codes.

(6) Metal halide lamp fixtures designed to be operated with lamps rated greater than or equal to 150 watts but less than or equal to 500 watts may not contain a probe-start metal halide lamp ballast.

(7)(a) Single-voltage external AC to DC power supplies manufactured on or after July 1, 2008, must meet the requirements in the following table:

______________________________________________________________________________

Nameplate output Minimum Efficiency in Active Mode

< 1 Watt 0.5 * Nameplate Output

≥ 1 Watt

And ≥51 Watts 0.09 * Ln (Nameplate Output) + 0.5

> 51 Watts 0.85

Maximum Energy Consumption in No-Load Mode

Any Output 0.5 Watts

Where Ln (Nameplate Output) - Natural Logarithm of the nameplate output expressed in Watts

______________________________________________________________________________

(b) For the purposes of this subsection, efficiency of single-voltage external AC to DC power supplies shall be measured in accordance with the United States Environmental Protection Agency’s “Test Method for Calculating the Energy Efficiency of Single-Voltage External AC to DC and AC to AC Power Supplies,” dated August 11, 2004. The efficiency in the active and no-load modes of power supplies shall be tested only at 115 volts at 60 Hz.

(8)(a) State-regulated incandescent reflector lamps manufactured on or after January 1, 2008, must meet the minimum efficiencies in the following table:

______________________________________________________________________________

Wattage Minimum average lamp efficiency

(lumens per watt)

40 - 50 10.5

51 - 66 11.0

67 - 85 12.5

86 - 115 14.0

116 - 155 14.5

156 - 205 15.0

______________________________________________________________________________

(b) Lamp efficiency shall be measured in accordance with the applicable test method found in 10 C.F.R. 430.23.

(9) Torchieres may not use more than 190 watts. A torchiere uses more than 190 watts if any commercially available lamp or combination of lamps can be inserted in a socket and cause the torchiere to draw more than 190 watts when operated at full brightness.

(10)(a) Traffic signal modules must have maximum and nominal wattage that does not exceed the applicable values in the following table:

______________________________________________________________________________

Module Type Maximum Wattage Nominal Wattage

(at 74^◦C) (at 25^◦C)

12” red ball (or 300 mm circular) 17 11

8” red ball (or 200 mm circular) 13 8

12” red arrow (or 300 mm arrow) 12 9

12” green ball (or 300 mm circular) 15 15

8” green ball (or 200 mm circular) 12 12

12” green arrow (or 300 mm arrow) 11 11

______________________________________________________________________________

(b) For purposes of this subsection, maximum wattage and nominal wattage shall be measured in accordance with and under the testing conditions specified by the Institute for Transportation Engineers “Interim LED Purchase Specification, Vehicle Traffic Control Signal Heads, Part 2: Light Emitting Diode Vehicle Traffic Signal Modules.”

(11) Unit heaters must be equipped with intermittent ignition devices and must have either power venting or an automatic flue damper.

(12) Bottle-type water dispensers designed for dispensing both hot and cold water may not have standby energy consumption greater than 1.2 kilowatt-hours per day, as measured in accordance with the test criteria contained in Version 1 of the United States Environmental Protection Agency’s “Energy Star Program Requirements for Bottled Water Coolers,” except that units with an integral, automatic timer may not be tested using Section D, “Timer Usage,” of the test criteria.

(13) Commercial hot food holding cabinets shall have a maximum idle energy rate of 40 watts per cubic foot of interior volume, as determined by the “Idle Energy Rate-dry Test” in ASTM F2140-01, “Standard Test Method for Performance of Hot Food Holding Cabinets” published by ASTM International. Interior volume shall be measured in accordance with the method shown in the United States Environmental Protection Agency’s “Energy Star Program Requirements for Commercial Hot Food Holding Cabinets,” as in effect on August 15, 2003.

(14) Compact audio products may not use more than two watts in standby passive mode for those without a permanently illuminated clock display and four watts in standby passive mode for those with a permanently illuminated clock display, as measured in accordance with International Electrotechnical Commission (IEC) test method 62087:2002(E), “Methods of Measurement for the Power Consumption of Audio, Video, and Related Equipment.”

(15) Digital versatile disc players and digital versatile disc recorders may not use more than three watts in standby passive mode, as measured in accordance with International Electrotechnical Commission (IEC) test method 62087:2002(E), “Methods of Measurement for the Power Consumption of Audio, Video, and Related Equipment.”

(16) Portable electric spas may not have a standby power greater than 5(V:SUPER.2/3:SEC6.) Watts where V=the total volume in gallons, as measured in accordance with the test method for portable electric spas contained in the California Code of Regulations, Title 20, Division 2, Chapter 4, section 1604.

(17)(a) Walk-in refrigerators and walk-in freezers with the applicable motor types shown in the table below shall include the required components shown.

______________________________________________________________________________

Motor Type Required Components

All Interior lights: light sources with an efficacy of 45

lumens per watt or more, including ballast losses

(if any)

All Automatic door closers that firmly close all

reach-in doors

All Automatic door closers that firmly close all walk-in

doors no wider than 3.9 feet and no higher than

6.9 feet that have been closed to within one

inch of full closure

All Wall, ceiling and door insulation at least R-28 for

refrigerators and at least R-34 for freezers

All Floor insulation at least R-28 for freezers (no

requirement for refrigerators)

Condenser fan motors of (i) Electronically commutated motors,

under one horsepower (ii) Permanent split capacitor-type motors, or

(iii) Polyphase motors of ½ horsepower or more

Single-phase evaporator Electronically commutated motors

fan motors of under one

horsepower and less

than 460 volts

______________________________________________________________________________

(b) In addition to the requirements in paragraph (a) of this subsection, walk-in refrigerators and walk-in freezers with transparent reach-in doors shall meet the following requirements:

(A) Transparent reach-in doors shall be of triple pane glass with either heat-reflective treated glass or gas fill;

(B) If the appliance has an anti-sweat heater without anti-sweat controls, the appliance shall have a total door rail, glass and frame heater power draw of no more than 40 watts if it is a freezer or 17 watts if it is a refrigerator per foot of door frame width; and

(C) If the appliance has an anti-sweat heater with anti-sweat heat controls, and the total door rail, glass, and frame heater power draw is 40 watts or greater per foot of door frame width if it is a freezer or 17 watts or greater per foot of door frame width if it is a refrigerator, the anti-sweat heat controls shall reduce the energy use of the anti-sweat heater in an amount corresponding to the relative humidity in the air outside the door or to the condensation on the inner glass pane. [2005 c.437 §5; 2007 c.375 §§2,3; 2007 c.649 §2]

______________________________________________________________________________

Note: See note under 469.229.

Note: Section 8 (2), chapter 375, Oregon Laws 2007, provides:

Sec. 8. (2) The minimum energy efficiency standards specified in ORS 469.233 (7) do not apply to a single-voltage external AC to DC power supply that is made available by a manufacturer directly to a consumer or to a service or repair facility, as a service part or spare part, after and separate from the original sale of the product requiring the power supply unless the single-voltage external AC to DC power supply is made available five or more years after the effective date of this 2007 Act [June 12, 2007]. [2007 c.375 §8(2)]

469.234 [1989 c.926 §§5,9; 1993 c.617 §4; repealed by 1999 c.880 §2]

469.235 Certain reflector lamps exempt from standards. The following state-regulated incandescent reflector lamps are exempt from the minimum energy efficiency standards established in ORS 469.233 (8):

(1) 50 watt elliptical reflector lamps;

(2) Lamps rated at 50 watts or less of the following types: BR 30, ER 30, BR 40 and ER 40;

(3) Lamps rated at 65 watts of the following types: BR 40 and ER 40; and

(4) R 20 lamps of 45 watts or less. [2007 c.375 §4]

Note: See note under 469.229.

469.236 [1989 c.926 §6; repealed by 1999 c.880 §2]

469.238 Sale of products not meeting standards prohibited; exemptions. (1) Except as provided in subsection (2) of this section, a person may not sell or offer for sale a new commercial clothes washer, commercial prerinse spray valve, commercial refrigerator or freezer, illuminated exit sign, single-voltage external AC to DC power supply, state-regulated incandescent reflector lamp, torchiere, traffic signal module, automatic commercial ice cube machine, metal halide lamp fixture, unit heater, bottle-type water dispenser, commercial hot food holding cabinet, compact audio product, digital versatile disc player, digital versatile disc recorder, portable electric spa, walk-in refrigerator or walk-in freezer unless the energy efficiency of the new product meets or exceeds the minimum energy efficiency standards specified in ORS 469.233.

(2) A person may sell or offer for sale a new product not meeting efficiency standards specified in subsection (1) of this section if the product is:

(a) Manufactured in this state and sold outside this state;

(b) Manufactured outside this state and sold at wholesale inside this state for final retail sale and installation outside this state;

(d) Designed expressly for installation and use in recreational vehicles. [2005 c.437 §§2,3,4; 2007 c.649 §3]

Note: See note under 469.229.

469.239 Installation of products not meeting standards prohibited; exemptions. (1) Except as provided in subsection (2) of this section, a person may not install a new commercial clothes washer, commercial prerinse spray valve, commercial refrigerator or freezer, illuminated exit sign, single-voltage external AC to DC power supply, state-regulated incandescent reflector lamp, torchiere, traffic signal module, automatic commercial ice cube machine, metal halide lamp fixture, unit heater, bottle-type water dispenser, commercial hot food holding cabinet, compact audio product, digital versatile disc player, digital versatile disc recorder, portable electric spa, walk-in refrigerator or walk-in freezer for compensation unless the energy efficiency of the new product meets or exceeds the minimum energy efficiency standards specified in ORS 469.233.

(2) A person may install a new product not meeting efficiency standards specified in subsection (1) of this section if the product is:

(a) Installed in a mobile or manufactured home at the time of construction; or

(b) Designed expressly for installation and use in recreational vehicles. [2005 c.437 §6; 2005 c.437 §7; 2007 c.649 §4]

Note: See note under 469.229.

469.240 [1989 c.926 §§11,12; repealed by 1999 c.880 §2]