2007 ORS § 279C.527¹
Inclusion of amount for solar energy technology in public improvement contract
  • written determination of appropriateness
  • exemptions and limitations

(1) 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 contain an amount equal to at least 1.5 [bad link] percent of the total contract price for the inclusion of appropriate solar 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) Before entering into a public improvement contract described in subsection (1) of this section, a contracting agency shall prepare a written determination of whether the inclusion of solar 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 energy technology in the public building. The State Department of Energy shall develop a form usable by contracting agencies for preparing the written determination described in this subsection.

(3) If the contracting agency determines that it would be inappropriate to include solar energy technology in the construction, reconstruction or major renovation of the public building, subsection (1) 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 [bad link] percent of the total contract price on the inclusion of appropriate solar energy technology in a future public building project; and

(b) The amount spent by the contracting agency on the future public building project pursuant to paragraph (a) of this subsection is in addition to any amount required under subsection (1) of this section for the inclusion of appropriate solar energy technology in the future public building project.

(4) Subsection (3)(a) and (b) of this section does not apply to a public improvement contract for which no state funds are directly or indirectly used.

(5) This section does not exempt an authorized state agency, as defined in ORS 276.905 (Definitions for ORS 276.900 to 276.915), from complying with ORS 276.900 (Policy) to 276.915 (Energy design requirements), except that an authorized state agency, without complying with ORS 276.900 (Policy) to 276.915 (Energy design requirements), may determine that solar energy technology described in this section is appropriate for inclusion 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 ("Public body" defined), and:

(A) Used or occupied by employees of the public body; or

(B) Used for conducting public business.

(b) Notwithstanding the provisions of ORS 174.108 (Effect of definitions) (3), this section applies to intergovernmental entities described in ORS 174.108 (Effect of definitions) (3). [2007 c.310 §2]

Note: 279C.527 (Inclusion of amount for solar energy technology in public improvement contract) and 279C.528 (State Department of Energy requirements and specifications) were added to and made a part of 279C.005 (Definitions) to 279C.670 (Application of ORS 279C.650 to 279C.670) by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.