2017 ORS 523.030¹
Formation of geothermal heating districts
  • disposal of surplus
  • exclusion from district

A geothermal heating district may be formed for the purpose of supplying inhabitants of the district with geothermal heat as provided by this chapter. In connection with supplying geothermal heat, a district may supply, furnish and sell for any use any surplus geothermal heat over and above the heating needs of its inhabitants to persons outside the district, or to school districts or other local governments as defined in ORS 174.116 (“Local government” and “local service district” defined). All railroad rights of way or improvements thereon or rolling stock moving thereover shall be excluded from districts organized under ORS 198.010 (“District” defined for chapter), 198.180 (“District” defined for ORS 198.190), 198.510 (Definitions for ORS 198.510 to 198.600), 198.705 (Definitions for ORS 198.705 to 198.955), 199.420 (“District” defined for ORS 199.410 to 199.534), 255.012 (“District” defined), 366.321 (Expense of relocating municipal facilities payable by department), 451.573 (Definitions for ORS 451.573 to 451.577) and this chapter and for purposes of this chapter shall not be considered as property within the boundaries of such districts, unless the owner of the railroad property expressly consents to its inclusion. [1975 c.782 §2; 2003 c.802 §128; 2007 c.179 §8]

Chapter 523

Notes of Decisions

Under these sec­tions, in which state authorizes public ownership of geothermal resources, it is ques­tionable whether legislature intended thereby to create monopolistic control; nowhere is there any express authoriza­tion to exclude private competi­tion in geothermal market. Parks v. Watson, 716 F2d 646 (1983)

1 Legislative Counsel Committee, CHAPTER 523—Geothermal Heating Districts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors523.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 523, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano523.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.