ORS 757.612
Requirements for public purpose expenditures

  • rules

(1)

Intentionally left blank —Ed.

(a)

There is established an annual public purpose expenditure standard for electric companies and Oregon Community Power to fund:

(A)

The above-market costs of new renewable energy resources and customer investments in distribution system-connected technologies that support reliability, resilience and the integration of renewable energy resources with the distribution systems of electric companies and Oregon Community Power;

(B)

New low-income weatherization;

(C)

New energy-related investments in schools; and

(D)

Low-income housing.

(b)

The public purpose expenditure standard shall be funded by the public purpose charge described in subsection (2) of this section.

(2)

Intentionally left blank —Ed.

(a)

Until January 1, 2036, an electric company or Oregon Community Power shall collect a nonbypassable public purpose charge equal to 1.5 percent of the revenues described in paragraph (b) of this subsection, apportioned as further set forth in subsection (3)(b) of this section. The electric company or Oregon Community Power shall collect the public purpose charge from all of the retail electricity consumers located within the electric company’s or Oregon Community Power’s service territory, including retail electricity consumers served by electricity service suppliers.

(b)

The percentages described in paragraph (a) of this subsection and subsection (3)(b) of this section shall be calculated as percentages of the total revenues collected by the electric company, Oregon Community Power or the electricity service supplier from retail electricity consumers for electricity services, distribution services, ancillary services, metering and billing, transition charges and other types of costs included in electric rates on July 23, 1999.

(3)

Intentionally left blank —Ed.

(a)

The Public Utility Commission shall establish rules implementing the provisions of this section relating to electric companies and Oregon Community Power.

(b)

The public purpose charge described in subsection (2)(a) of this section shall be the sum total of the following percentages of revenues described in subsection (2)(b) of this section, allocated for the following purposes:

(A)

0.3 percent of revenues for school districts that are located in the service territory of the electric company or Oregon Community Power, as further directed under paragraph (e) of this subsection.

(B)

As further directed under paragraph (f) of this subsection, 0.51 percent of revenues for:
(i)
The above-market costs of constructing and operating new renewable energy resources with a nominal electric generating capacity, as defined in ORS 469.300 (Definitions), of 20 megawatts or less; or
(ii)
Customer investments in distribution system-connected technologies that support reliability, resilience and the integration of renewable energy resources with the distribution system of the electric company or Oregon Community Power.

(C)

0.55 percent of revenues for new low-income weatherization, as further directed under paragraph (g) of this subsection.

(D)

0.14 percent of revenues for deposit in the Housing and Community Services Department Electricity Public Purpose Charge Fund established by ORS 456.587 (Electricity Public Purpose Charge Fund) (1) for the purpose of providing grants as described in ORS 458.625 (Housing Development Grant Program) (2).

(c)

The costs of administering subsections (1) to (5) of this section for an electric company or Oregon Community Power shall be paid out of the funds collected through public purpose charges. The commission may require an electric company or Oregon Community Power to direct funds collected through public purpose charges to state agencies responsible for implementing subsections (1) to (5) of this section in order to pay the costs of administering subsections (1) to (5) of this section.

(d)

The commission shall direct the manner in which public purpose charges are collected and spent by an electric company or Oregon Community Power and may require an electric company or Oregon Community Power to expend funds through competitive bids or other means designed to encourage competition, except that funds dedicated for new low-income weatherization shall be directed to the Housing and Community Services Department for purposes related to new low-income weatherization, as further directed in paragraph (g) of this subsection. The commission may also require funds collected through public purpose charges to be paid to a nongovernmental entity for investment in public purposes described in subsection (1) of this section.

(e)

Intentionally left blank —Ed.

(A)

Funds allocated under subsection (3)(b)(A) of this section shall be distributed to individual school districts according to the weighted average daily membership (ADMw) of each school district for the prior fiscal year as calculated under ORS 327.013 (State School Fund distribution computations for school districts). The commission shall establish by rule a methodology for distributing a proportionate share of funds under this paragraph to school districts that are only partially located in the service territory of the electric company or Oregon Community Power.

(B)

A school district that receives funds under this paragraph shall use the funds first to pay for energy audits for schools located within the school district or for a fleet audit for the school district. To the extent practicable, a school district shall coordinate with the State Department of Energy and incorporate federal funding in complying with this paragraph. Following completion of an audit, the school district may expend funds received under this paragraph to implement the audit.

(C)

Once an energy audit has been conducted and completely implemented for each school within the school district, the school district may expend funds received under this paragraph for any of the following purposes:
(i)
Conducting additional energy audits. A school district shall conduct an energy audit prior to expending funds on any other purpose authorized under this paragraph unless the school district has performed an energy audit within the three years immediately prior to receiving the funds.
(ii)
Weatherizing school district facilities and upgrading the energy efficiency of school district facilities.
(iii)
Energy conservation education programs.
(iv)
Purchasing electricity from environmentally focused sources.
(v)
Investing in renewable energy resources.

(D)

Once a fleet audit has been conducted for the school district, the school district may expend funds received under this paragraph for any of the following purposes:
(i)
Purchasing or leasing zero-emission vehicles, as defined in ORS 283.398 (Findings and goals for zero-emission vehicles), including buses.
(ii)
Purchasing or installing electric vehicle charging stations to provide electricity to zero-emission vehicles.

(f)

Of the funds allocated under subsection (3)(b)(B) of this section, 25 percent must be used for activities, resources and technologies that serve low and moderate income customers, including for technologies that do not have above-market costs.

(g)

Intentionally left blank —Ed.

(A)

Funds collected by an electric company or Oregon Community Power, allocated for new low-income weatherization under subsection (3)(b)(C) of this section and directed to the Housing and Community Services Department shall be spent within the service territory of the electric company or Oregon Community Power from which the funds are collected.

(B)

As further determined by the Housing and Community Services Department, a portion of the funds described in this paragraph may be used for manufactured housing replacements as a means to deliver energy efficiency, pursuant to a program dedicated to manufactured housing replacement.

(C)

For purposes of this paragraph and as further determined by the Housing and Community Services Department, purposes related to new low-income weatherization includes providing funding for participants in programs by low-income weatherization service providers to change energy sources from bulk fuels to electricity service.

(h)

The commission may not establish a different public purpose charge than the public purpose charge described in subsection (2) of this section.

(4)

Intentionally left blank —Ed.

(a)

A retail electricity consumer that uses more than one average megawatt of electricity at any site in the prior year shall receive a credit against public purpose charges billed by an electric company or Oregon Community Power for that site. The amount of the credit shall be equal to the total amount of qualifying expenditures for the above-market costs of new renewable energy resources and investments in distribution system-connected technologies incurred by the retail electricity consumer, not to exceed 25.5 percent of the annual public purpose charges, less administration costs incurred under this paragraph and paragraphs (b) and (c) of this subsection. The credit may not exceed, on an annual basis, the lesser of:

(A)

The amount of the retail electricity consumer’s qualifying expenditures; or

(B)

The portion of the public purpose charge billed to the retail electricity consumer that is dedicated to the above-market costs of new renewable energy resources and investments in distribution system-connected technologies.

(b)

To obtain a credit under paragraph (a) of this subsection, a retail electricity consumer shall file with the State Department of Energy a description of the proposed new renewable energy resource or investment in distribution system-connected technology and a declaration that the retail electricity consumer plans to incur the qualifying expenditure. The State Department of Energy shall issue a notice of precertification within 30 days of receipt of the filing, if such filing is consistent with paragraph (a) of this subsection. The credit may be taken after a retail electricity consumer provides a letter from a certified public accountant to the State Department of Energy verifying that the precertified qualifying expenditure has been made.

(c)

Credits earned by a retail electricity consumer as a result of qualifying expenditures that are not used in one year may be carried forward for use in subsequent years.

(5)

Electric utilities and retail electricity consumers shall receive a fair and reasonable credit for the public purpose expenditures of their energy suppliers. The State Department of Energy shall adopt rules to determine eligible expenditures and the method by which such credits are accounted for and used. The State Department of Energy also shall adopt methods to account for eligible public purpose expenditures made through consortia or collaborative projects.

(6)

For purposes of this section, “retail electricity consumers” includes any direct service industrial consumer that purchases electricity without purchasing distribution services from the electric utility.

(7)

For purposes of this section, funds collected by Oregon Community Power through public purpose charges are not considered moneys received from electric utility operations. [1999 c.865 §3; 2001 c.134 §9; 2001 c.819 §3; 2005 c.22 §506; 2007 c.217 §9; 2007 c.301 §27; 2007 c.807 §43a; 2007 c.837 §2a; 2009 c.813 §1; 2011 c.467 §10; 2011 c.566 §2; 2015 c.180 §50; 2017 c.200 §1; 2019 c.565 §7; 2021 c.536 §5; 2021 c.547 §1]

Source: Section 757.612 — Requirements for public purpose expenditures; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors757.­html.

757.005
Definition of public utility
757.006
People’s utility districts and electric cooperatives excluded from term “public utility.”
757.007
Contract and rate schedule filing for certain furnishers of heat exempt from regulation
757.009
Procedure for reregulation of furnishers of heat
757.015
“Affiliated interest” defined for ORS 757.105 (1) and 757.495
757.020
Duty of utilities to furnish adequate and safe service at reasonable rates
757.035
Adoption of safety rules and regulations
757.039
Regulation of hazardous substance distribution and storage operations
757.050
Authority of commission to order extension of service to unserved areas
757.053
Alternative means for meeting energy conservation requirements
757.054
Cost-effective energy efficiency resources and demand response resources
757.056
Information on energy conservation to be furnished by certain utilities
757.061
Regulation of water utilities
757.063
Regulation of associations furnishing water upon petition
757.068
Use of fees to make emergency repairs to water service plants
757.069
Notice of delinquency on water bill
757.072
Agreements for financial assistance to organizations representing customer interests
757.077
Incorrect billings
757.105
Filing of budget
757.107
Supplemental budgets and orders
757.110
Effect of budget orders
757.120
Accounts required
757.125
Duty of utility to keep records and accounts
757.135
Closing accounts and filing balance sheet
757.140
Depreciation accounts
757.205
Filing schedules with commission
757.210
Hearing to establish new schedules
757.212
Resource rate plans
757.215
Commission authorized to suspend new rates or order interim rates during hearings
757.220
Notice of schedule changes required
757.225
Utilities required to collect for their services in accordance with schedules
757.227
Rate mitigation for certain electric company rate increases
757.230
Control of commission over classification of services and forms of schedules
757.240
Filing schedules in business office
757.245
Establishment of joint rates
757.247
Tariff schedules for energy resource measures
757.250
Standards and appliances for measuring service
757.255
Testing of measuring appliances
757.259
Amounts includable in rate schedule
757.262
Rates to encourage acquisition of cost-effective conservation resources
757.264
Annual forecast of certain projected production tax credits required
757.266
Rates may encourage tree planting programs as offset to carbon dioxide emissions
757.269
Setting of rates based upon income taxes paid by utility
757.270
Definitions for ORS 757.270 to 757.290
757.271
Authorization from pole owner required for attachment
757.272
Pole owner may approve or reject attachment
757.273
Attachments to public utility and telecommunications utility facilities regulated
757.276
Attachments by licensees to consumer-owned utility facilities regulated
757.279
Fixing rates or charges by commission
757.282
Criteria for just and reasonable rate for attachments
757.285
Presumption of reasonableness of rates set by private agreement
757.287
Application to electrical utility attachments
757.290
Regulatory procedures
757.300
Net metering facility allowed to connect to public utility
757.306
Contractor labor standards for large-scale projects
757.310
Prohibition related to charges for service
757.315
When free service or reduced rates allowed
757.320
Reducing rates for persons furnishing part of necessary facilities
757.325
Undue preferences and prejudices
757.330
Soliciting or accepting special privileges from utilities
757.355
Costs of property not presently providing utility service excluded from rate base
757.357
Legislative findings
757.359
Infrastructure for vehicles powered by renewable natural gas or hydrogen
757.360
Definitions for ORS 757.360 to 757.380
757.365
Pilot program for small solar energy systems
757.375
Credit toward compliance with renewable portfolio standard
757.380
Applicability of ORS 757.360 to 757.380
757.385
Allowance of fair and reasonable rates
757.386
Program for procurement of electricity from community solar projects
757.390
Legislative findings and declarations
757.392
Definitions
757.394
Renewable natural gas programs
757.396
Participating large natural gas utilities
757.398
Small natural gas utilities
757.400
“Stocks” defined for ORS 757.400 to 757.460
757.405
Power to regulate issuance of utility securities
757.410
When issuance of securities is void
757.412
Exemption from securities regulation
757.415
Purposes for which securities and notes may be issued
757.417
Limitation on application of ORS 757.415
757.419
Limitation on application of ORS 757.480
757.420
Hearings and supplemental orders relating to issuance of securities
757.425
State not obligated following approval of issuance
757.430
Conditional approval of issuance authorized
757.435
Disposal of proceeds from issuance of securities
757.440
Approval required before utility may guarantee another’s indebtedness
757.445
Wrongful issues or use of proceeds by utility
757.450
Wrongful acts relating to issuance of securities
757.455
Conservation program investment policy
757.460
Pledge of conservation investment assets as bond collateral
757.480
Approval needed prior to disposal, mortgage or encumbrance of certain operative utility property or consolidation with another public utility
757.483
Condemnation or acquisition of service territory or property of electric company by electric utility
757.485
Purchase of property or stocks of one utility by another
757.490
Approval needed for certain contracts
757.495
Contracts involving utilities and persons with affiliated interests
757.500
Contracts between certain public utilities
757.506
Findings and policy regarding exercise of influence over utility by person not engaged in utility business
757.511
Application for authority to exercise influence over utility
757.516
Contracts between natural gas utilities and customers for commodity and services
757.518
Elimination of coal-fired resources from allocations of electricity
757.519
Consideration of net gain or net loss upon sale of coal-fired resource for allocation to certain retail electricity consumers
757.522
Definitions for ORS 757.522 to 757.536
757.524
Greenhouse gas emissions standard applicable to electric companies and electricity service suppliers
757.526
Petition by electric companies and electricity service suppliers to study greenhouse gas emissions standard
757.528
Greenhouse gas emissions standard applicable to consumer-owned utilities
757.531
Emissions standard-based restrictions on long-term financial commitments by electric companies or electricity service suppliers
757.533
Emissions standard-based restrictions on long-term financial commitments by consumer-owned utilities
757.536
Public Utility Commission review of plans and rates to ensure compliance with greenhouse gas emissions standard
757.538
Rules
757.539
Eligibility criteria
757.542
Definitions for ORS 757.542 to 757.562
757.547
Oregon Utility Notification Center
757.552
Duties of center
757.557
Underground utility facility operators required to subscribe to center
757.562
Report to Legislative Assembly of center activities
757.600
Definitions for ORS 757.600 to 757.687
757.601
Implementation dates for direct access and portfolio of rate options
757.603
Electric company required to provide cost-of-service rate option to all retail electricity consumers
757.607
Direct access conditions
757.609
Date for announcing prices for electricity in subsequent calendar year
757.612
Requirements for public purpose expenditures
757.613
Whole building assessment
757.617
Report to Legislative Assembly on public purpose expenditures
757.622
Commission to establish terms and conditions for default electricity service to nonresidential consumers
757.627
Retail electricity consumers eligible for direct access may aggregate electricity loads
757.629
Reciprocal sales to nonresidential electricity consumers
757.632
Electricity service supplier’s access to electric company’s distribution facilities
757.637
Comparable access to transmission and distribution facilities
757.642
Unbundling electricity assets
757.646
Policies to eliminate barriers to competitive retail market
757.649
Certification of electricity service suppliers
757.654
Commission authority to investigate allegations of undue market influence
757.656
Failure to comply with ORS 757.600 to 757.667
757.659
Commission rules
757.660
Use of arbitration to resolve disputes relating to valuation of electric company investments
757.661
Commission authority to require filing
757.663
Commission authority to require electric company to enter into contracts with Bonneville Power Administration
757.665
Limitation on installing, servicing electric meters
757.667
City authority over rights of way
757.669
Policy regarding consumer-owned electric utilities
757.672
Application of ORS 757.603 to 757.667 to consumer-owned electric utility
757.676
Consumer-owned utility authorized to offer direct, portfolio or other forms of access to electricity services
757.679
Net billing agreements
757.683
Consumer-owned utility’s distribution rights and control over distribution system
757.687
Consumer-owned utility offering direct access
757.691
Applicability
757.695
Mitigation of energy burdens
757.698
Low-income electric bill payment and crisis assistance
757.710
Emergency curtailment plan required
757.720
Factors to be considered in approving plan
757.730
Liability when curtailment occurs
757.732
Definitions for ORS 757.732 to 757.744
757.734
Recovery of investment in Klamath River dams
757.736
Surcharges for funding costs of removing Klamath River dams
757.738
Surcharge trust accounts related to removal of Klamath River dams
757.740
Recovery of other costs incurred as result of changes in operation to or removal of Klamath River dams
757.742
Public Utility Commission authorization to enter agreement with California related to cost apportionment and trust fund
757.744
Disclaimers
757.746
Requirements for nongovernmental entities receiving funds
757.747
Environmental justice
757.750
Legislative findings
757.755
Termination of residential electric or natural gas service prohibited
757.760
Requirements for notice of termination of service
757.765
Public utility provision of shielded outdoor lighting fixtures to customers
757.770
Deadline for public utility filing of outdoor lighting fixture rate and charge application
757.800
Definitions for ORS 757.800 and 757.805
757.805
Accident prevention required for work near high voltage lines
757.811
Requirement to consider electricity from ocean renewable energy
757.812
Definitions for ORS 757.812 to 757.950
757.814
Creation of acquisition review committee
757.818
Oregon Community Power created
757.822
Laws applicable to Oregon Community Power
757.824
Regulatory authority of Public Utility Commission over Oregon Community Power
757.830
Nominating committee
757.834
Board of directors
757.842
Board meetings and procedures
757.852
Acquisition of incumbent utility
757.855
Funding of preliminary activities and negotiations
757.857
Oregon Community Power Utility Acquisition Fund
757.862
Request to Public Utility Commission for transfer of funds
757.864
Conduct of business after acquisition
757.868
Oregon Community Power to be successor in interest to incumbent utility
757.872
Equity and assets of incumbent utility held in trust
757.880
Board duties
757.883
Payments in lieu of property taxes
757.886
Powers of Oregon Community Power
757.890
Eminent domain
757.895
Ratemaking
757.897
Notice of ratemaking
757.900
Intervention by Citizens’ Utility Board in proceedings
757.902
Annual audit of Oregon Community Power
757.905
Adoption of bylaws
757.910
Policy
757.915
Definitions for ORS 757.915 to 757.930
757.918
Oregon Community Power required to allow direct access
757.920
Rights of electricity service suppliers
757.922
Transition credits and charges
757.924
Portfolio access to electricity service providers
757.930
Distribution rights
757.935
Definitions for ORS 757.935 to 757.945
757.937
Financing agreements authorized
757.940
Delegation of powers relating to financing agreements
757.942
Powers of Oregon Community Power relating to financing agreements
757.945
Consultation with State Treasurer
757.950
Authorization to issue and sell revenue bonds
757.954
City’s authority to control, and collect charges for, use of rights of way
757.960
Commission to convene workshops
757.963
Public utility required to develop wildfire protection plan
757.966
Consumer-owned utility required to develop wildfire mitigation plan
757.968
Electric utility easement over private land
757.969
Municipally owned utility exempt from requirements
757.990
Penalties
757.991
Civil penalty for noncompliance with gas regulations
757.993
Penalty for violation of utility excavation notification provisions
757.994
Civil penalty for violation of statute, rule or order related to water utilities
757.995
Civil penalty for violation of wildfire protection provisions or rule
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