Oregon Solar Energy Licensing Law

Oregon Code · 35 sections

The following is the full text of Oregon’s solar energy licensing law statutes as published in the Oregon Code. For the official version, see the Oregon Legislature.

ORS 196.405

196.405, or the outer continental shelf;

�� (C) If located on the territorial sea or the outer continental shelf, is directly interconnected to the customer-generator�s premises;

�� (D) Can operate in parallel with an electric utility�s existing transmission and distribution facilities; and

�� (E) Is intended primarily to offset part or all of the customer-generator�s requirements for electricity.

�� (2) An electric utility that offers residential and commercial electric service:

�� (a) Shall allow net metering facilities to be interconnected using a standard meter that is capable of registering the flow of electricity in two directions.

�� (b) May at its own expense install one or more additional meters to monitor the flow of electricity in each direction.

�� (c) May not charge a customer-generator a fee or charge that would increase the customer-generator�s minimum monthly charge to an amount greater than that of other customers in the same rate class as the customer-generator. However, the Public Utility Commission, for a public utility, or the governing body, for a municipal electric utility, electric cooperative or people�s utility district, may authorize an electric utility to assess a greater fee or charge, of any type, if the electric utility�s direct costs of interconnection and administration of the net metering outweigh the distribution system, environmental and public policy benefits of allocating such costs among the electric utility�s entire customer base. The commission may authorize a public utility to assess a greater fee or charge under this paragraph only following notice and opportunity for public comment. The governing body of a municipal electric utility, electric cooperative or people�s utility district may assess a greater fee or charge under this paragraph only following notice and opportunity for comment from the customers of the utility, cooperative or district.

�� (3)(a) For a customer-generator, an electric utility shall measure the net electricity produced or consumed during the billing period in accordance with normal metering practices.

�� (b) If an electric utility supplies a customer-generator more electricity than the customer-generator feeds back to the electric utility during a billing period, the electric utility shall charge the customer-generator for the net electricity that the electric utility supplied.

�� (c) Except as provided in paragraph (d) of this subsection, if a customer-generator feeds back to an electric utility more electricity than the electric utility supplies the customer-generator during a billing period, the electric utility may charge the minimum monthly charge described in subsection (2) of this section but must credit the customer-generator for the excess kilowatt-hours generated during the billing period. An electric utility may value the excess kilowatt-hours at the avoided cost of the utility, as determined by the commission or the appropriate governing body. An electric utility that values the excess kilowatt-hours at the avoided cost shall bear the cost of measuring the excess kilowatt-hours, issuing payments and billing for the excess hours. The electric utility also shall bear the cost of providing and installing additional metering to measure the reverse flow of electricity.

�� (d) For the billing cycle ending in March of each year, or on such other date as agreed to by the electric utility and the customer-generator, any remaining unused kilowatt-hour credit accumulated during the previous year shall be granted to the electric utility for distribution to customers enrolled in the electric utility�s low-income assistance programs, credited to the customer-generator or dedicated for other use as determined by the commission, for a public utility, or the governing body, for a municipal electric utility, electric cooperative or people�s utility district, following notice and opportunity for public comment.

�� (4)(a) A net metering facility shall meet all applicable safety and performance standards established in the state building code. The standards shall be consistent with the applicable standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers and Underwriters Laboratories or other similarly accredited laboratory.

�� (b) Following notice and opportunity for public comment, the commission, for a public utility, or the governing body, for a municipal electric utility, electric cooperative or people�s utility district, may adopt additional control and testing requirements for customer-generators to protect public safety or system reliability.

�� (c) An electric utility may not require a customer-generator whose net metering facility meets the standards in paragraphs (a) and (b) of this subsection to comply with additional safety or performance standards, perform or pay for additional tests or purchase additional liability insurance. However, an electric utility shall not be liable directly or indirectly for permitting or continuing to allow an attachment of a net metering facility, or for the acts or omissions of the customer-generator that cause loss or injury, including death, to any third party.

�� (5) Nothing in this section is intended to prevent an electric utility from offering, or a customer-generator from accepting, products or services related to the customer-generator�s net metering facility that are different from the net metering services described in this section.

�� (6) The commission, for a public utility, or the governing body, for a municipal electric utility, electric cooperative or people�s utility district, may not limit the cumulative generating capacity of solar, wind, geothermal, renewable marine, fuel cell and microhydroelectric net metering systems to less than one-half of one percent of a utility�s, cooperative�s or district�s historic single-hour peak load. After a cumulative limit of one-half of one percent has been reached, the obligation of a public utility, municipal electric utility, electric cooperative or people�s utility district to offer net metering to a new customer-generator may be limited by the commission or governing body in order to balance the interests of retail customers. When limiting net metering obligations under this subsection, the commission or the governing body shall consider the environmental and other public policy benefits of net metering systems. The commission may limit net metering obligations under this subsection only following notice and opportunity for public comment. The governing body of a municipal electric utility, electric cooperative or people�s utility district may limit net metering obligations under this subsection only following notice and opportunity for comment from the customers of the utility, cooperative or district.

�� (7) The commission or the governing body may adopt rules or ordinances to ensure that the obligations and costs associated with net metering apply to all power suppliers within the service territory of a public utility, municipal electric utility, electric cooperative or people�s utility district.

�� (8) This section applies only to net metering facilities that have a generating capacity of 25 kilowatts or less, except that the commission by rule may provide for a higher limit for customers of a public utility.

�� (9) Notwithstanding subsections (2) to (8) of this section, an electric utility serving fewer than 25,000 customers in Oregon that has its headquarters located in another state and offers net metering services or a substantial equivalent offset against retail sales in that state shall be deemed to be in compliance with this section if the electric utility offers net metering services to its customers in Oregon in accordance with tariffs, schedules and other regulations promulgated by the appropriate authority in the state where the electric utility�s headquarters are located. [1999 c.944 �2; 2005 c.145 �1; 2013 c.648 �5; 2014 c.33 �1]

MICROGRIDS

�� 757.302 Regulatory framework allowing microgrids and community microgrids within service territories of electric companies. (1) As used in this section:

�� (a) �Community-based organization� means an organization with demonstrated efficacy that is representative of a community or specific segments of a community and serves to meet the community�s needs.

�� (b) �Community microgrid� means a microgrid that is located within a geographical area that a local government designates as a microgrid zone under ORS 197.729.

�� (c) �Electric company� has the meaning given that term in ORS 757.600.

�� (d) �Front-of-meter� means the utility side of a transmission or distribution system in reference to a customer�s meter.

�� (e) �Microgrid� means a group of interconnected loads and distributed energy resources within clearly defined electrical boundaries that functions as a single controllable system, irrespective of whether the microgrid is operating independently of or in conjunction with an electric grid.

�� (f) �Microgrid operator� means an entity that is identified as having responsibility for overseeing the coordination of a microgrid�s interconnected loads and distributed energy resources and representing the interests of the microgrid participants in interactions with an electric company.

�� (2) The Public Utility Commission shall conduct an investigation and establish a regulatory framework for allowing the ownership, deployment and use of microgrids and community microgrids within the service territories of electric companies.

�� (3) The regulatory framework established under this section must:

�� (a) Take into consideration the benefits and constraints of deploying microgrids and community microgrids.

�� (b) Take into consideration the role of microgrids and community microgrids in supporting economic growth, innovations around zero emissions energy and reliable electricity service.

�� (c) Take into consideration different approaches to designing, deploying and operating microgrids or community microgrids that serve a single customer or multiple customers.

�� (d) Provide for interconnection standards and requirements.

�� (e) Provide for safety and performance standards.

�� (f) Utilize an application and approval process that is accessible.

�� (g) Include a framework for compensation and cost allocation that recognizes the value microgrids and community microgrids provide to all electricity customers, the electric grid and local users of the electric grid. The framework for compensation and allocation must take into consideration:

�� (A) The reliability and resilience services that a microgrid or community microgrid provides to a transmission or distribution system and to a community in which the microgrid or community microgrid is located.

�� (B) A microgrid or community microgrid�s ability to operate in parallel to a transmission or distribution system as a resource pursuant to a tariff rate.

�� (h) Include a methodology for compensating an owner, subscriber or developer of a microgrid or community microgrid for the value that the microgrid or community microgrid provides. The methodology must:

�� (A) Incorporate the value of lost load during a public safety power shutoff; and

�� (B) Include a schedule of avoided costs of a utility that reflects the value of the energy generated or saved by a microgrid or community microgrid.

�� (i) Allow excess energy generated by a microgrid or community microgrid to be sold to a utility on a nondiscriminatory basis.

�� (j) Subject to ORS 757.300, the Public Utility Regulatory Policies Act of 1978, 16 U.S.C. 2601 to 2645, and an electric company�s technical feasibility and system reliability requirements, allow an owner or microgrid operator of a microgrid or community microgrid to incorporate front-of-meter energy resources that are owned or operated by a utility, third-party developer, local or tribal government or community-based organization.

�� (k) Allow an electric company to partner with municipalities, businesses or communities to develop microgrids that improve resilience or mitigate the need for infrastructure upgrades.

�� (L) Provide for a standard for reasonable shared costs for community energy resilience that is provided by a community microgrid that allow for owners or microgrid operators of a community microgrid to recover the costs for designing, constructing or maintaining the community microgrid from customers who use:

�� (A) The microgrid;

�� (B) The distribution system located within a microgrid zone designated under ORS

ORS 197.610

197.610 to 197.625.

�� (5) This section does not apply to:

�� (a) Any plan amendment for which an exception is required under ORS 197.732; or

�� (b) Except as provided under subsection (6) of this section, any lands designated under a statewide planning goal addressing agricultural lands or forestlands.

�� (6)(a) If a county is acting on the remand of a decision from the Land Use Board of Appeals, the county governing body may authorize the planning commission or hearings officer to conduct hearings and make a decision under subsection (1) of this section for lands designated under a statewide planning goal addressing agricultural lands or forestlands.

�� (b) The county governing body shall review a planning commission or hearings officer decision made under this subsection and shall:

�� (A) Schedule a public hearing and issue a final decision on the application;

�� (B) Leave the planning commission or hearings officer decision as the final county decision; or

�� (C) Adopt the planning commission or hearings officer decision by consent order as the decision of the governing body. [1987 c.729 �20; 2018 c.117 �1]

�� 215.433 Supplemental application for remaining permitted uses following denial of initial application. (1) A person whose application for a permit is denied by the governing body of a county or its designee under ORS 215.427 may submit to the county a supplemental application for any or all other uses allowed under the county�s comprehensive plan and land use regulations in the zone that was the subject of the denied application.

�� (2) The governing body of a county or its designee shall take final action on a supplemental application submitted under this section, including resolution of all appeals, within 240 days after the application is deemed complete. Except that 240 days shall substitute for 120 days or 150 days, as appropriate, all other applicable provisions of ORS 215.427 shall apply to a supplemental application submitted under this section.

�� (3) A supplemental application submitted under this section shall include a request for any rezoning or zoning variance that may be required to issue a permit under the county�s comprehensive plan and land use regulations.

�� (4) The governing body of the county or its designee shall adopt specific findings describing the reasons for approving or denying:

�� (a) A use for which approval is sought under this section; and

�� (b) A rezoning or variance requested in the application. [1999 c.648 �2; 1999 c.648 �2a]

�� 215.435 Deadline for final action by county on remand of land use decision; exception. (1) Pursuant to a final order of the Land Use Board of Appeals under ORS 197.830 remanding a decision to a county, the governing body of the county or its designee shall take final action on an application for a permit, limited land use decision or zone change within 120 days of the effective date of the final order issued by the board. For purposes of this subsection, the effective date of the final order is the last day for filing a petition for judicial review of a final order of the board under ORS 197.850 (3). If judicial review of a final order of the board is sought under ORS 197.830, the 120-day period established under this subsection shall not begin until final resolution of the judicial review.

�� (2)(a) In addition to the requirements of subsection (1) of this section, the 120-day period established under subsection (1) of this section shall not begin until the applicant requests in writing that the county proceed with the application on remand, but if the county does not receive the request within 180 days of the effective date of the final order or the final resolution of the judicial review, the county shall deem the application terminated.

�� (b) The 120-day period established under subsection (1) of this section may be extended for up to an additional 365 days if the parties enter into mediation as provided by ORS 197.860 prior to the expiration of the initial 120-day period. The county shall deem the application terminated if the matter is not resolved through mediation prior to the expiration of the 365-day extension.

�� (3) The 120-day period established under subsection (1) of this section applies only to decisions wholly within the authority and control of the governing body of the county.

�� (4) Subsection (1) of this section does not apply to a remand proceeding concerning a decision of the county making a change to an acknowledged comprehensive plan or a land use regulation that is submitted to the Director of the Department of Land Conservation and Development under ORS 197.610. [1999 c.545 �2; 2011 c.280 �11; 2015 c.522 �1]

�� 215.437 Writ of mandamus authorized after deadline following remand of land use decision. (1) If the governing body of a county or its designee fails to take final action on an application for a permit, limited land use decision or zone change within 120 days as provided in ORS 215.435, the applicant may file a petition for a writ of mandamus as provided in ORS 34.105 to 34.240. The court shall set the matter for trial as soon as practicable but not more than 15 days from the date a responsive pleading pursuant to ORS 34.170 is filed, unless the court has been advised by the parties that the matter has been settled.

�� (2) A writ of mandamus issued under this section shall order the governing body of the county or its designee to make a final determination on the application. The court, in its discretion, may order such remedy as the court determines appropriate.

�� (3) In a mandamus proceeding under this section the court shall award court costs and attorney fees to an applicant who prevails on a petition under this section. [1999 c.545 �3; 2015 c.522 �2]

PERMITTED USES IN ZONES

�� 215.438 Transmission towers; location; conditions. The governing body of a county or its designate may allow a transmission tower over 200 feet in height to be established in any zone subject to reasonable conditions imposed by the governing body or its designate. [1983 c.827 �23a]

�� 215.439 Solar energy systems in residential or commercial zones. (1) The installation and use on a residential structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which residential structures are an allowed use.

�� (2) The installation and use on a commercial structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which commercial structures are an allowed use.

�� (3) Approval of a permit application under ORS 215.402 to 215.438 is, notwithstanding the definition of �permit� in ORS 215.402, a ministerial function if:

�� (a) The installation of a solar energy system can be accomplished without increasing the footprint of the residential or commercial structure or the peak height of the portion of the roof on which the system is installed; and

�� (b) The solar energy system would be mounted so that the plane of the system is parallel to the slope of the roof.

�� (4) As part of the permit approval process, a county:

�� (a) May not charge a fee pursuant to ORS 215.416 for processing a permit;

�� (b) May not require extensive surveys or site evaluations including, but not limited to, vegetation surveys, contour maps and elevation drawings; and

�� (c) May charge building permit fees pursuant to ORS 455.020, 455.210 and 455.220.

�� (5) Subsections (3) and (4) of this section do not apply to a permit application for a residential or commercial structure that is:

�� (a) A federally or locally designated historic building or landmark or that is located in a federally or locally designated historic district.

�� (b) A conservation landmark designated by a city or county because of the historic, cultural, archaeological, architectural or similar merit of the landmark.

�� (c) Located in an area designated as a significant scenic resource unless the material used is:

�� (A) Designated as anti-reflective; or

�� (B) Eleven percent or less reflective.

�� (6) As used in this section, �solar photovoltaic energy system� has the meaning given that term in ORS 757.360. [2011 c.464 �1]

�� Note: 215.439 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 215.440 [1955 c.682 �3; repealed by 1971 c.13 �1]

�� 215.441 Use of real property for religious activities. (1) If a church, synagogue, temple, mosque, chapel, meeting house or other nonresidential place of worship is allowed on real property under state law and rules and local zoning ordinances and regulations, a county shall allow the reasonable use of the real property for activities customarily associated with the practices of the religious activity, including:

�� (a) Worship services.

�� (b) Religion classes.

�� (c) Weddings.

�� (d) Funerals.

�� (e) Meal programs.

�� (f) Child care or any preschool or prekindergarten education, but not private or parochial education for kindergarten through grade 12 or higher education.

�� (2) A county may:

�� (a) Subject real property described in subsection (1) of this section to reasonable regulations, including site review or design review, concerning the physical characteristics of the uses authorized under subsection (1) of this section; or

�� (b) Prohibit or restrict the use of real property by a place of worship described in subsection (1) of this section if the county finds that the level of service of public facilities, including transportation, water supply, sewer and storm drain systems is not adequate to serve the place of worship described in subsection (1) of this section.

�� (3) Notwithstanding any other provision of this section, a county may allow a private or parochial school for kindergarten through grade 12 or higher education to be sited under applicable state law and rules and local zoning ordinances and regulations. [2001 c.886 �2; 2017 c.745 �7; 2019 c.640 �19; 2021 c.385 �4; 2021 c.446 �4; 2025 c.267 �1]

�� 215.445 Use of private property for mobile medical clinic. (1) As used in this section:

�� (a) �Health professional� means a person licensed or certified by the:

�� (A) Oregon Medical Board;

�� (B) Oregon Board of Dentistry; or

�� (C) Oregon State Board of Nursing.

�� (b) �Health services� means the services that a health professional is licensed or certified to provide.

�� (c) �Local government� has the meaning given that term in ORS 174.116.

�� (d) �Mobile medical clinic� means a vehicle or a transportable structure that is:

�� (A) Designed to serve as a facility suitable for the provision of health services; and

�� (B) In use by a health professional to provide health services to the public.

�� (e) �Nonprofit� means a corporation organized under and subject to the provisions of ORS chapter 65.

�� (2) A local government may not prohibit a nonprofit mobile medical clinic from:

�� (a) Being located on private property with the permission of the owner of the private property; and

�� (b) Staying in one location for 180 days or less. [2015 c.142 �1]

�� Note: 215.445 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 215.446 Renewable energy facility; application; standards; notices. (1) As used in this section:

�� (a) �Average electric generating capacity� has the meaning given that term in ORS 469.300.

�� (b) �Energy generation area� has the meaning given that term in ORS 469.300.

�� (c) �Renewable energy facility� means:

�� (A) A solar photovoltaic power generation facility using:

�� (i) More than 100 acres but not more than 240 acres located on high-value farmland as defined in ORS 195.300;

�� (ii) More than 100 acres but not more than 2,560 acres located on land that is predominantly cultivated or that, if not cultivated, is predominantly composed of soils that are in capability classes I to IV, as specified by the National Cooperative Soil Survey operated by the Natural Resources Conservation Service of the United States Department of Agriculture; or

�� (iii) More than 320 acres but not more than 3,840 acres located on any other land.

�� (B) An electric power generating plant with an average electric generating capacity of at least 35 megawatts but less than 50 megawatts if the power is produced from geothermal energy at a single plant or within a single energy generation area.

�� (C) An electric power generating plant with an average electric generating capacity of at least 35 megawatts but less than 100 megawatts if the power is produced from wind energy at a single energy facility or within a single energy generation area.

�� (2) An application for a land use permit to establish a renewable energy facility must be made under ORS 215.416. An applicant must demonstrate to the satisfaction of the county that the renewable energy facility meets the standards under subsection (3) of this section.

�� (3) In order to issue a permit, the county shall require that the applicant:

�� (a)(A) Consult with the State Department of Fish and Wildlife, prior to submitting a final application to the county, regarding fish and wildlife habitat impacts and any mitigation plan that is necessary;

�� (B) Conduct a habitat assessment of the proposed development site;

�� (C) Develop a mitigation plan to address significant fish and wildlife habitat impacts consistent with the administrative rules adopted by the State Fish and Wildlife Commission for the purposes of implementing ORS 496.012; and

�� (D) Follow administrative rules adopted by the State Fish and Wildlife Commission and rules adopted by the Land Conservation and Development Commission to implement the Oregon Sage-Grouse Action Plan and Executive Order 15-18.

�� (b) Demonstrate that the construction and operation of the renewable energy facility, taking into account mitigation, will not result in significant adverse impacts to historic, cultural and archaeological resources that are:

�� (A) Listed on the National Register of Historic Places under the National Historic Preservation Act (P.L. 89-665, 54 U.S.C. 300101 et seq.);

�� (B) Inventoried in a local comprehensive plan; or

�� (C) Evaluated as a significant or important archaeological object or archaeological site, as those terms are defined in ORS 358.905.

�� (c) Demonstrate that the site for a renewable energy facility, taking into account mitigation, can be restored adequately to a useful, nonhazardous condition following permanent cessation of construction or operation of the facility and that the applicant has a reasonable likelihood of obtaining financial assurances in a form and amount satisfactory to the county to secure restoration of the site to a useful, nonhazardous condition.

�� (d) Meet the general and specific standards for a renewable energy facility adopted by the Energy Facility Siting Council under ORS 469.470 (2) and 469.501 that the county determines are applicable.

�� (e) Provide the financial assurances described in paragraph (c) of this subsection in the form and at the time specified by the county.

�� (f) For a renewable energy facility that is a solar photovoltaic power generation facility using the number of acres described in subsection (4) of this section, provide a decommissioning plan to accomplish the restoration of the site to a useful, nonhazardous condition as described in paragraph (c) of this subsection. A decommissioning plan provided under this paragraph must include bonding or other security as the financial assurances described in paragraph (c) of this subsection.

�� (g) For a renewable energy facility that is an electric power generating plant with an average electric generating capacity of at least 50 megawatts but less than 100 megawatts that produces the power from wind energy at a single energy facility or within a single energy generation area, provide a decommissioning plan to accomplish the restoration of the site to a useful, nonhazardous condition as described in paragraph (c) of this subsection. A decommissioning plan provided under this paragraph must include bonding or other security as the financial assurances described in paragraph (c) of this subsection.

�� (4) The requirements in subsection (3)(f) of this section apply to a solar photovoltaic power generation facility using:

�� (a) More than 160 acres but not more than 240 acres located on high-value farmland as defined in ORS 195.300;

�� (b) More than 1,280 acres but not more than 2,560 acres located on land that is predominantly cultivated or that, if not cultivated, is predominantly composed of soils that are in capability classes I to IV, as specified by the National Cooperative Soil Survey operated by the Natural Resources Conservation Service of the United States Department of Agriculture; or

�� (c) More than 1,920 acres but not more than 3,840 acres located on any other land.

�� (5) Upon receipt of a reasonable cost estimate from the state agency or tribe, the applicant and county may jointly enter into a cost reimbursement agreement administered by the county with:

�� (a) The State Department of Fish and Wildlife to receive comments under subsection (3)(a) of this section.

�� (b) The State Historic Preservation Officer or any affected federally recognized Indian tribe to receive comments under subsection (3)(b) of this section.

�� (c) The State Department of Energy to receive comments under subsection (3)(c) and (d) of this section as well as comments regarding other matters as the county may require.

�� (6) A county that receives an application for a permit under this section shall, upon receipt of the application, provide notice to persons listed in subsection (7) of this section. The notice must include, at a minimum:

�� (a) A description of the proposed renewable energy facility;

�� (b) A description of the lots or parcels subject to the permit application;

�� (c) The dates, times and locations where public comments or public testimony on the permit application can be submitted; and

�� (d) The contact information for the governing body of the county and the applicant.

�� (7) The notice required under subsection (6) of this section must be delivered to:

�� (a) The State Department of Fish and Wildlife;

�� (b) The State Department of Energy;

�� (c) The State Historic Preservation Officer;

�� (d) The Oregon Department of Aviation;

�� (e) The United States Department of Defense; and

�� (f) Federally recognized Indian tribes that may be affected by the application. [2019 c.650 �4; 2021 c.60 �1; 2023 c.336 �1; 2025 c.162 �3]

�� 215.447 Photovoltaic solar power generation facilities on high-value farmland. (1) As used in this section, �photovoltaic solar power generation facility� means an assembly of equipment and components that has the primary purpose of converting sunlight into electricity by photovoltaic effect and has the capability of storing or transferring the electricity.

�� (2) A photovoltaic solar power generation facility may be established on land that is high-value farmland, as defined in ORS 195.300 (10)(f)(C), provided the land:

�� (a) Is not located within the boundaries of an irrigation district;

�� (b) Is not at the time of the facility�s establishment, and was not at any time during the 20 years immediately preceding the facility�s establishment, the place of use of a water right permit, certificate, decree, transfer order or ground water registration authorizing the use of water for the purpose of irrigation;

�� (c) Is located within the service area of an electric utility described in ORS 469A.052 (2);

�� (d) Does not exceed the acreage the electric utility reasonably anticipates to be necessary to achieve the applicable renewable portfolio standard described in ORS

ORS 215.799

215.799�� Location of dwellings on wildlife habitat land

COUNTY PLANNING

�� 215.010 Definitions. As used in this chapter:

�� (1) The terms defined in ORS 92.010 shall have the meanings given therein, except that �parcel�:

�� (a) Includes a unit of land created:

�� (A) By partitioning land as defined in ORS 92.010;

�� (B) In compliance with all applicable planning, zoning and partitioning ordinances and regulations; or

�� (C) By deed or land sales contract, if there were no applicable planning, zoning or partitioning ordinances or regulations.

�� (b) Does not include a unit of land created solely to establish a separate tax account.

�� (2) �Tract� means one or more contiguous lots or parcels under the same ownership.

�� (3) The terms defined in ORS chapters 197 and 197A shall have the meanings given therein.

�� (4) �Farm use� has the meaning given that term in ORS 215.203.

�� (5) �Recreational structure� means a campground structure with or without plumbing, heating or cooking facilities intended to be used by any particular occupant on a limited-time basis for recreational, seasonal, emergency or transitional housing purposes and may include yurts, cabins, fabric structures or similar structures as further defined, by rule, by the Director of the Department of Consumer and Business Services.

�� (6) �Recreational vehicle� has the meaning given that term in ORS 174.101.

�� (7) �The Willamette Valley� is Clackamas, Linn, Marion, Multnomah, Polk, Washington and Yamhill Counties and the portion of Benton and Lane Counties lying east of the summit of the Coast Range. [Amended by 1955 c.756 �25; 1963 c.619 �1 (1); 1985 c.717 �4; 1993 c.792 �8; 1999 c.327 �1; 2019 c.585 �19a; 2022 c.54 �15]

�� 215.020 Authority to establish county planning commissions. (1) The governing body of any county may create and provide for the organization and operations of one or more county planning commissions.

�� (2) This section shall be liberally construed and shall include the authority to create more than one planning commission, or subcommittee of a commission, for a county or the use of a joint planning commission or other intergovernmental agency for planning as authorized by ORS 190.003 to 190.130. [Amended by 1973 c.552 �1; 1975 c.767 �15]

�� 215.030 Membership of planning commission. (1) The county planning commission shall consist of five, seven or nine members appointed by the governing body for four-year terms, or until their respective successors are appointed and qualified, except that the terms of the initial members must be staggered for one, two, three and four years.

�� (2) A commission member may be removed by the governing body, after hearing, for misconduct or nonperformance of duty.

�� (3) Any vacancy on the commission must be filled by the governing body for the unexpired term.

�� (4) Members of the commission shall serve without compensation other than reimbursement for duly authorized expenses.

�� (5) Members of a commission must be residents of the various geographic areas of the county. If the commission has five or fewer members, no more than two voting members may be engaged principally in the buying, selling or developing of real estate for profit, as individuals, or be members of any partnership or officers or employees of any corporation that is engaged principally in the buying, selling or developing of real estate for profit. No more than two voting members may be engaged in the same kind of occupation, business, trade or profession.

�� (6) The governing body may designate one or more officers of the county to be nonvoting members of the commission.

�� (7) Except for subsection (5) of this section, the governing body may provide by ordinance for alternative rules to those specified in this section. [Amended by 1963 c.619 �2; 1973 c.552 �2; 1977 c.766 �1; 2025 c.355 �1]

�� 215.035 [1973 c.552 �10; renumbered 244.135 in 1993]

�� 215.040 [Amended by 1973 c.552 �3; repealed by 1977 c.766 �16]

�� 215.042 Planning director. (1) The governing body of each county shall designate an individual to serve as planning director for the county responsible for administration of planning. The governing body shall provide employees as necessary to assist the director in carrying out responsibilities. The director shall be the chief administrative officer in charge of the planning department of the county, if one is created.

�� (2) The director shall provide assistance, as requested, to the planning commission and shall coordinate the functions of the commission with other departments, agencies and officers of the county that are engaged in functions related to planning for the use of lands within the county.

�� (3) The director shall serve at the pleasure of the governing body of the county. [1973 c.552 �9]

�� 215.044 Solar access ordinances; purpose; standards. (1) County governing bodies may adopt and implement solar access ordinances. The ordinances shall provide and protect to the extent feasible solar access to the south face of buildings during solar heating hours, taking into account latitude, topography, microclimate, existing development, existing vegetation and planned uses and densities. The county governing body shall consider for inclusion in any solar access ordinance, but not be limited to, standards for:

�� (a) The orientation of new streets, lots and parcels;

�� (b) The placement, height, bulk and orientation of new buildings;

�� (c) The type and placement of new trees on public street rights of way and other public property; and

�� (d) Planned uses and densities to conserve energy, facilitate the use of solar energy, or both.

�� (2) The State Department of Energy shall actively encourage and assist county governing bodies� efforts to protect and provide for solar access.

�� (3) As used in this section, �solar heating hours� means those hours between three hours before and three hours after the sun is at its highest point above the horizon on December 21. [1981 c.722 �2]

�� 215.046 [1973 c.552 �11; repealed by 1977 c.766 �16]

�� 215.047 Effect of comprehensive plan and land use regulations on solar access ordinances. Solar access ordinances shall not be in conflict with acknowledged comprehensive plans and land use regulations. [1981 c.722 �3]

�� 215.050 Comprehensive planning, zoning and subdivision ordinances; copies available. (1) Except as provided in ORS

ORS 227.285

227.285); 1975 c.767 �12]

�� 227.290 Building setback lines established by city council; criteria. (1) The council or other governing body of any incorporated city, under an exercise of its police powers, may establish or alter building setback lines on private property adjacent to any alley, street, avenue, boulevard, highway or other public way in such city. It may make it unlawful and provide a penalty for erecting after said establishment any building or structure closer to the street line than such setback line, except as may be expressly provided by ordinance. The council or body shall pass and put into effect such ordinances as may be needed for the purpose of providing for a notice to and hearing of persons owning property affected before establishing any such setback line. Such setback lines may be established without requiring a cutting off or removal of buildings existing at the time.

�� (2) The council may consider, in enacting ordinances governing building setback lines, the site slope and tree cover of the land with regard to solar exposure. The council shall not restrict construction where site slope and tree cover make incident solar energy collection unfeasible, except an existing solar structure�s sun plane shall not be substantially impaired.

�� (3) The council may consider, in enacting ordinances governing building setback lines and maximum building height, the impact on available wind resources. The ordinances shall protect an existing wind energy system�s wind source to the extent feasible.

�� (4) The powers given in this section shall be so exercised as to preserve constitutional rights. [Amended by 1979 c.671 �4; 1981 c.590 �9]

�� 227.300 Use of eminent domain power to establish setback lines. The council or other governing body of any incorporated city, under an exercise of the power of eminent domain, may establish or alter building setback lines on private property adjacent to any alley, street, avenue, boulevard, highway, or other public way in such city in cases where the establishment of such setback lines is for street widening purposes, and in cases where the establishment of such setback lines affects buildings or structures existing at the time. The council or other governing body of the city shall pass and put into effect such ordinances as may be needed for the purpose of providing for a notice to and hearing of persons whose property is affected by such establishment. In case of the exercise of the power of eminent domain, provision shall be made for ascertaining and paying just compensation for any damages caused as the result of establishing such setback lines.

�� 227.310 [1957 c.67 �1; 1975 c.767 �13; repealed by 1977 c.766 �16]

�� 227.320 City program for demolition of residences or residential buildings. (1) Subject to the provisions of this section, a city of this state may establish by ordinance or otherwise a program for the demolition of residences or residential buildings. A program established under this subsection:

�� (a) Must require a person performing a demolition to acquire a permit from the city authorizing the person to perform the demolition;

�� (b) If a person performing a demolition is a contractor, as defined in ORS 701.005 (5)(a), and if a residence or residential building to be demolished was built before January 1, 1978, must require the person, as a condition of receiving a permit under this subsection, to submit proof verifying that the person has been certified to engage in lead-based paint activities in accordance with rules adopted by the Oregon Health Authority;

�� (c) If a residence or residential building to be demolished was built before January 1, 1978, must require the person performing the demolition to comport with some or all of a list of best practices developed and periodically updated by the authority, in consultation with the Department of Environmental Quality, the Construction Contractors Board and other interested stakeholders, for the purpose of containing lead particles that otherwise would be released into the air during a demolition;

�� (d) May require a person performing a demolition to provide a copy of the asbestos survey required under ORS 468A.757 and notice of intent to perform activities related to asbestos abatement to an agency of the city before performing the demolition; and

�� (e) May provide for the dissemination to the public of a document, developed in coordination with the authority and the department, listing answers to frequently asked questions about:

�� (A) Best practices for containing lead particles that otherwise would be released into the air during a demolition;

�� (B) The asbestos survey required under ORS 468A.757; and

�� (C) Asbestos abatement activities that must be conducted before a demolition.

�� (2) Subsection (1)(b) and (c) of this section does not apply to the demolition of a residence or residential building built before January 1, 1978, if a person certified to inspect or assess structures for the presence of lead-based paint in accordance with rules adopted by the authority has determined that the residence or residential building does not contain lead-based paint.

�� (3)(a) Except as provided in paragraph (b) of this subsection, this section does not prevent a city from adopting ordinances or otherwise providing for the further regulation of demolitions of residences and residential buildings.

�� (b) After any best practices are developed as described in subsection (1)(c) of this section, a city may not adopt ordinances regarding, or otherwise provide for, best practices for the purpose of containing lead particles that otherwise would be released into the air during a demolition that are in addition to any best practices developed and updated as described in subsection (1)(c) of this section. [2017 c.739 �1]

�� Note: 227.320 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 227 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

WETLANDS DEVELOPMENT

�� 227.350 Notice of proposed wetlands development; exception; approval by city. (1) After the Department of State Lands has provided the city with a copy of the applicable portions of the Statewide Wetlands Inventory, the city shall provide notice to the department, the applicant and the owner of record, within five working days of the acceptance of any complete application for the following activities that are wholly or partially within areas identified as wetlands on the Statewide Wetlands Inventory:

�� (a) Subdivisions;

�� (b) Building permits for new structures;

�� (c) Other development permits and approvals that allow physical alteration of the land involving excavation and grading, including permits for removal or fill, or both, or development in floodplains and floodways;

�� (d) Conditional use permits and variances that involve physical alterations to the land or construction of new structures; and

�� (e) Planned unit development approvals.

�� (2) The provisions of subsection (1) of this section do not apply if a permit from the department has been issued for the proposed activity.

�� (3) Approval of any activity described in subsection (1) of this section shall include one of the following notice statements:

�� (a) Issuance of a permit under ORS 196.600 to 196.921 by the department required for the project before any physical alteration takes place within the wetlands;

�� (b) Notice from the department that no permit is required; or

�� (c) Notice from the department that no permit is required until specific proposals to remove, fill or alter the wetlands are submitted.

�� (4) If the department fails to respond to any notice provided under subsection (1) of this section within 30 days of notice, the city approval may be issued with written notice to the applicant and the owner of record that the proposed action may require state or federal permits.

�� (5) The city may issue local approval for parcels identified as or including wetlands on the Statewide Wetlands Inventory upon providing to the applicant and the owner of record of the affected parcel a written notice of the possible presence of wetlands and the potential need for state and federal permits and providing the department with a copy of the notification of comprehensive plan map or zoning map amendments for specific properties.

�� (6) Notice of activities authorized within an approved wetland conservation plan shall be provided to the department within five days following local approval.

�� (7) Failure by the city to provide notice as required in this section will not invalidate city approval. [1989 c.837 �31; 1991 c.763 �26]

TRUCK ROUTES

�� 227.400 Truck routes; procedures for establishment or revision; notice; hearing. (1) A city council shall not establish a new truck route or revise an existing truck route within the city unless the council first provides public notice of the proposed truck route and holds a public hearing concerning its proposed action.

�� (2) The city council shall provide notice of a public hearing held under this section by publishing notice of the hearing once a week for two consecutive weeks in some newspaper of general circulation in the city. The second publication of the notice must occur not later than the fifth day before the date of the public hearing.

�� (3) The notice required under this section shall state the time and place of the public hearing and contain a brief and concise statement of the proposed formation of the truck route, including a description of the roads and streets in the city that will form the truck route.

�� (4) As used in this section:

�� (a) �Truck� includes motor truck, as defined in ORS 801.355, and truck tractor, as defined in ORS 801.575.

�� (b) �Truck route� means the roads or streets in a city which have been formally designated by the city council as the roads or streets on which trucks must travel when proceeding through the city. [1985 c.564 �1]

RECYCLING CONTAINERS

�� 227.450 Recycling containers; recommendations for new construction. (1) Multiunit housing with more than 10 individual residential units should include adequate space and access for collection of containers for solid waste and recyclable materials.

�� (2) Each commercial building and each industrial and institutional building should include adequate space and access for collection of containers for solid waste and recyclable materials.

�� (3) As used in this section, �commercial,� �recyclable material� and �solid waste� have the meanings given in ORS 459.005. [1997 c.552 �32; 2025 c.38 �43]

CLUSTERED MAILBOXES

�� 227.455 Clustered mailboxes in city streets and rights-of-way. Each city in this state shall adopt standards and specifications for clustered mailboxes within the boundaries of city streets and rights-of-way that conform to the standards and specifications for such mailboxes contained in the State of Oregon Structural Specialty Code. [2011 c.488 �2]

�� Note: 227.455 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 227 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

PERMITTED USES IN ZONES

�� 227.500 Use of real property for religious activity; city regulation of real property used for religious activity. (1) If a church, synagogue, temple, mosque, chapel, meeting house or other nonresidential place of worship is allowed on real property under state law and rules and local zoning ordinances and regulations, a city shall allow the reasonable use of the real property for activities customarily associated with the practices of the religious activity, including:

�� (a) Worship services.

�� (b) Religion classes.

�� (c) Weddings.

�� (d) Funerals.

�� (e) Meal programs.

�� (f) Child care or any preschool or prekindergarten education, but not private or parochial education for kindergarten through grade 12 or higher education.

�� (2) A city may:

�� (a) Subject real property described in subsection (1) of this section to reasonable regulations, including site review and design review, concerning the physical characteristics of the uses authorized under subsection (1) of this section; or

�� (b) Prohibit or regulate the use of real property by a place of worship described in subsection (1) of this section if the city finds that the level of service of public facilities, including transportation, water supply, sewer and storm drain systems is not adequate to serve the place of worship described in subsection (1) of this section.

�� (3) Notwithstanding any other provision of this section, a city may allow a private or parochial school for kindergarten through grade 12 or higher education to be sited under applicable state law and rules and local zoning ordinances and regulations. [2001 c.886 �4; 2017 c.745 �8; 2019 c.640 �20; 2021 c.385 �5; 2021 c.446 �5; 2025 c.267 �2]

�� 227.505 Solar energy systems on residential and commercial structures. (1) The installation and use on a residential structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which residential structures are an allowed use.

�� (3) Approval of a permit application under ORS 227.160 to 227.186 is, notwithstanding the definition of �permit� in ORS 227.160, a ministerial function if:

�� (b) The solar energy system would be mounted so that the plane of the system is parallel to the slope of the roof.

�� (4) As part of the permit approval process, a city:

�� (a) May not charge a fee pursuant to ORS 227.175 for processing a permit;

�� (b) May not require extensive surveys or site evaluations including, but not limited to, vegetation surveys, contour maps and elevation drawings; and

�� (c) May charge building permit fees pursuant to ORS 455.020, 455.210 and 455.220.

�� (5) Subsections (3) and (4) of this section do not apply to a permit application for a residential or commercial structure that is:

�� (a) A federally or locally designated historic building or landmark or that is located in a federally or locally designated historic district.

�� (b) A conservation landmark designated by a city or county because of the historic, cultural, archaeological, architectural or similar merit of the landmark.

�� (c) Located in an area designated as a significant scenic resource unless the material used is:

�� (A) Designated as anti-reflective; or

�� (B) Eleven percent or less reflective.

�� (6) As used in this section, �solar photovoltaic energy system� has the meaning given that term in ORS 757.360. [2011 c.464 �2]

�� Note: 227.505 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 227 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

PLANNING AND ZONING PREAPPLICATION PROCESS

�� 227.600 Land use approval preapplication review. (1) As used in this section:

�� (a) �Compost� has the meaning given that term in ORS 459.005.

�� (b) �Disposal site� has the meaning given that term in ORS 459.005.

�� (c) �Local government� has the meaning given that term in ORS 174.116.

�� (2) Before an applicant may submit an application under ORS 227.160 to 227.186 for land use approval to establish or modify a disposal site for composting that requires a permit issued by the Department of Environmental Quality, as provided in subsection (3) of this section, the applicant shall:

�� (a) Request and attend a preapplication conference described in subsections (4) to (6) of this section; and

�� (b) Hold a preapplication community meeting described in subsections (7) to (9) of this section.

�� (3) Subsection (2) of this section applies to an application to:

�� (a) Establish a disposal site for composting that sells, or offers for sale, resulting product; or

�� (b) Allow an existing disposal site for composting that sells, or offers for sale, resulting product to:

�� (A) Accept as feedstock nonvegetative materials, including dead animals, meat, dairy products and mixed food waste; or

�� (B) Increase the permitted annual tonnage of feedstock used by the disposal site by an amount that requires a new land use approval.

�� (4) During the preapplication conference:

�� (a) The applicant shall provide information about the proposed disposal site for composting and proposed operations for composting and respond to questions about the site and operations.

�� (b) The city with land use jurisdiction over the proposed disposal site for composting and the other representatives described in subsection (5) of this section shall inform the applicant of permitting requirements to establish and operate the proposed disposal site for composting and provide all application materials to the applicant.

�� (5) The applicant shall submit a written request to the city with land use jurisdiction to request a preapplication conference. A representative of the planning department of the city and a representative of the Department of Environmental Quality shall attend the conference along with representatives, as determined necessary by the city, of the following entities:

�� (a) Any other state agency or local government that has authority to approve or deny a permit, license or other certification required to establish or operate the proposed disposal site for composting.

�� (b) A state agency, a local government or a private entity that provides or would provide to the proposed disposal site for composting one or more of the following:

�� (A) Water systems.

�� (B) Wastewater collection and treatment systems, including storm drainage systems.

�� (C) Transportation systems or transit services.

�� (c) A city or county with territory within its boundaries that may be affected by the proposed disposal site for composting.

�� (d) The Department of Land Conservation and Development.

�� (e) The State Department of Agriculture.

�� (6) The city with land use jurisdiction may use preapplication procedures, if any, in the acknowledged land use regulations of the city, consistent with the requirements that the city shall:

�� (a) Provide notice of the preapplication conference to the entities described in subsection (5) of this section by mail and, as appropriate, in any other manner that ensures adequate notice and opportunity to participate;

�� (b) Hold the preapplication conference at least 20 days and not more than 40 days after receipt of the applicant�s written request; and

�� (c) Provide preapplication notes to each attendee of the conference and the other entities described in subsection (5) of this section for which a representative does not attend the preapplication conference.

�� (7) After the preapplication conference and before submitting the application for land use approval, the applicant shall:

�� (a) Hold a community meeting within 60 days after the preapplication conference:

�� (A) In a public location in the city with land use jurisdiction; and

�� (B) On a business day, or Saturday, that is not a holiday, with a start time between the hours of 6 p.m. and 8 p.m.

�� (b) Provide notice of the community meeting to:

�� (A) The owners of record, on the most recent property tax assessment roll, of real property located within one-half mile of the real property on which the proposed disposal site for composting would be located;

�� (B) The resident or occupant that receives mail at the mailing address of the real property described in subparagraph (A) of this paragraph if the mailing address of the owner of record is not the mailing address of the real property;

�� (C) Neighborhood and community organizations recognized by the governing body of the city if a boundary of the organization is within one-half mile of the proposed disposal site for composting;

�� (D) A newspaper that meets the requirements of ORS 193.020 for publication;

�� (E) Local media in a press release; and

�� (F) The entities described in subsection (5) of this section.

�� (8) During the community meeting, the applicant shall provide information about the proposed disposal site for composting and proposed operations for composting and respond to questions about the site and operations.

�� (9) The applicant�s notice provided under subsection (7)(b) of this section must include:

�� (a) A brief description of the proposed disposal site for composting;

�� (b) The address of the location of the community meeting; and

�� (c) The date and time of the community meeting. [2013 c.524 �2]

�� Note: 227.600 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 227 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

CHAPTERS 228 TO 235 [Reserved for expansion]

ORS 227.600

227.600�� Land use approval preapplication review

CITY PLANNING COMMISSION

�� 227.010 Definition for ORS 227.030 to 227.300. As used in ORS 227.030 to 227.300, �council� means a representative legislative body. [Amended by 1975 c.767 �1]

�� 227.020 Authority to create planning commission. (1) A city may create a planning commission for the city and provide for its organization and operations.

�� (2) This section shall be liberally construed and shall include the authority to create a joint planning commission and to utilize an intergovernmental agency for planning as authorized by ORS 190.003 to 190.130. [Amended by 1973 c.739 �1; 1975 c.767 �2]

�� 227.030 Membership. (1) Not more than two members of a city planning commission may be city officers, who shall serve as ex officio nonvoting members.

�� (2) A member of such a commission may be removed by the appointing authority, after hearing, for misconduct or nonperformance of duty.

�� (3) Any vacancy in the commission must be filled by the appointing authority for the unexpired term of the predecessor in the office.

�� (4) If the commission has five or fewer members, no more than two voting members of the commission may engage principally in the buying, selling or developing of real estate for profit as individuals, or be members of any partnership, or officers or employees of any corporation, that engages principally in the buying, selling or developing of real estate for profit. No more than two members may be engaged in the same kind of occupation, business, trade or profession. [Amended by 1969 c.430 �1; 1973 c.739 �2; 1975 c.767 �3; 2025 c.355 �2]

�� 227.035 [1973 c.739 �5; renumbered 244.135 in 1993]

�� 227.040 [Repealed by 1973 c.739 �13]

�� 227.050 [Amended by 1969 c.430 �2; repealed by 1975 c.767 �16]

�� 227.060 [Repealed by 1975 c.767 �16]

�� 227.070 [Amended by 1969 c.430 �3; 1973 c.739 �3; repealed by 1975 c.767 �16]

�� 227.080 [Repealed by 1973 c.739 �13]

�� 227.090 Powers and duties of commission. (1) Except as otherwise provided by the city council, a city planning commission may:

�� (a) Recommend and make suggestions to the council and to other public authorities concerning:

�� (A) The laying out, widening, extending and locating of public thoroughfares, parking of vehicles, relief of traffic congestion;

�� (B) Betterment of housing and sanitation conditions;

�� (C) Establishment of districts for limiting the use, height, area, bulk and other characteristics of buildings and structures related to land development;

�� (D) Protection and assurance of access to incident solar radiation; and

�� (E) Protection and assurance of access to wind for potential future electrical generation or mechanical application.

�� (b) Recommend to the council and other public authorities plans for regulating the future growth, development and beautification of the city in respect to its public and private buildings and works, streets, parks, grounds and vacant lots, and plans consistent with future growth and development of the city in order to secure to the city and its inhabitants sanitation, proper service of public utilities and telecommunications utilities, including appropriate public incentives for overall energy conservation and harbor, shipping and transportation facilities.

�� (c) Recommend to the council and other public authorities plans for promotion, development and regulation of industrial and economic needs of the community in respect to industrial pursuits.

�� (d) Advertise the industrial advantages and opportunities of the city and availability of real estate within the city for industrial settlement.

�� (e) Encourage industrial settlement within the city.

�� (f) Make economic surveys of present and potential industrial needs of the city.

�� (g) Study needs of local industries with a view to strengthening and developing them and stabilizing employment conditions.

�� (h) Do and perform all other acts and things necessary or proper to carry out the provisions of ORS 227.010 to 227.170, 227.175 and 227.180.

�� (i) Study and propose such measures as are advisable for promotion of the public interest, health, morals, safety, comfort, convenience and welfare of the city and of the area within six miles thereof.

�� (2) For the purposes of this section:

�� (a) �Incident solar radiation� means solar energy falling upon a given surface area.

�� (b) �Wind� means the natural movement of air at an annual average speed measured at a height of 10 meters of at least eight miles per hour. [Amended by 1975 c.153 �3; 1975 c.767 �4; 1979 c.671 �3; 1981 c.590 �8; 1987 c.447 �118]

�� 227.095 Definitions for ORS 227.100 and 227.110. As used in ORS 227.100 and 227.110, �subdivision� and �plat� have the meanings given those terms in ORS 92.010. [1955 c.756 �28]

�� 227.100 Submission of plats for subdivisions and plans for street alterations and public buildings to commission; report. All subdivision plats located within the city limits, and all plans or plats for vacating or laying out, widening, extending, parking and locating streets or plans for public buildings shall first be submitted to the commission by the city engineer or other proper municipal officer, and a report thereon from the commission secured in writing before approval is given by the proper municipal official. [Amended by 1955 c.756 �26]

�� 227.110 City approval prior to recording of subdivision plats and plats or deeds dedicating land to public use within six miles of city; exception. (1) All subdivision plats and all plats or deeds dedicating land to public use in that portion of a county within six miles outside the limits of any city shall first be submitted to the city planning commission or, if no such commission exists, to the city engineer of the city and approved by the commission or engineer before they shall be recorded. However, unless otherwise provided in an urban growth area management agreement jointly adopted by a city and county to establish procedures for regulating land use outside the city limits and within an urban growth boundary acknowledged under ORS 197.251, if the county governing body has adopted ordinances or regulations for subdivisions and partitions under ORS 92.044, land within the six-mile limit shall be under the jurisdiction of the county for those purposes.

�� (2) It shall be unlawful to receive or record such plat or replat or deed in any public office unless the same bears thereon the approval, by indorsement, of such commission or city engineer. However, the indorsement of the commission or city engineer of the city with boundaries nearest the land such document affects shall satisfy the requirements of this section in case the boundaries of more than one city are within six miles of the property so mapped or described. If the governing bodies of such cities mutually agree upon a boundary line establishing the limits of the jurisdiction of the cities other than the line equidistant between the cities and file the agreement with the recording officer of the county containing such boundary line, the boundary line mutually agreed upon shall become the limit of the jurisdiction of each city until superseded by a new agreement between the cities or until one of the cities files with such recording officer a written notification stating that the agreement shall no longer apply. [Amended by 1955 c.756 �27; 1983 c.570 �5; 1991 c.763 �25]

�� 227.120 Procedure and approval for renaming streets. Within six miles of the limits of any city, the commission, if there is one, or if no such commission legally exists, then the city engineer, shall recommend to the city council the renaming of any existing street, highway or road, other than a county road or state highway, if in the judgment of the commission, or if no such commission legally exists, then in the judgment of the city engineer, such renaming is in the best interest of the city and the six mile area. Upon receiving such recommendation the council shall afford persons particularly interested, and the general public, an opportunity to be heard, at a time and place to be specified in a notice of hearing published in a newspaper of general circulation within the municipality and the six mile area not less than once within the week prior to the week within which the hearing is to be held. After such opportunity for hearing has been afforded, the city council by ordinance shall rename the street or highway in accordance with the recommendation or by resolution shall reject the recommendation. A certified copy of each such ordinance shall be filed for record with the county clerk or recorder, and a like copy shall be filed with the county assessor and county surveyor. The county surveyor shall enter the new names of such streets and roads in red ink on the county surveyor�s copy of any filed plat and tracing thereof which may be affected, together with appropriate notations concerning the same. The original plat may not be corrected or changed after it is recorded with the county clerk. [Amended by 2001 c.173 �4]

�� 227.130 [Repealed by 1975 c.767 �16]

�� 227.140 [Repealed by 1975 c.767 �16]

�� 227.150 [Repealed by 1975 c.767 �16]

PLANNING AND ZONING HEARINGS AND REVIEW

�� 227.160 Definitions for ORS 227.160 to 227.186. As used in ORS 227.160 to 227.186:

�� (1) �Hearings officer� means a planning and zoning hearings officer appointed or designated by a city council under ORS 227.165.

�� (2) �Permit� means discretionary approval of a proposed development of land, under ORS

ORS 260.005

260.005, in the manner provided in ORS chapter 260.

�� (2) The credit allowed by subsection (1) of this section shall be the lesser of:

�� (a) The total contribution, not to exceed $100 on a joint return or $50 on any other type of return; or

�� (b) The tax liability of the taxpayer.

�� (3) A taxpayer may not claim the credit allowed under this section if the taxpayer has federal adjusted gross income in excess of $150,000 on a joint return or $75,000 on any other type of return.

�� (4) The claim for tax credit shall be substantiated by submission, with the tax return, of official receipts of the candidate, agent, political party or committee thereof or political committee to whom contribution was made. [1969 c.432 �2; 1973 c.119 �3; 1975 c.177 �1; 1977 c.268 �1; 1979 c.190 �413; 1985 c.802 �6; 1987 c.293 �16; 1989 c.986 �1; 1993 c.797 �27; 1995 c.1 �19; 1995 c.712 �104; 1999 c.999 �27; 2013 c.750 �6; 2019 c.579 �49]

�� Note: Section 34, chapter 913, Oregon Laws 2009, provides:

�� Sec. 34. (1) A credit may not be claimed under ORS 316.102 for tax years beginning on or after January 1, 2028.

�� (2) The amendments to ORS 316.102 by section 49, chapter 579, Oregon Laws 2019, apply to tax years beginning on or after January 1, 2020, and before January 1, 2028. [2009 c.913 �34; 2013 c.750 �7; 2019 c.579 �48; 2023 c.490 �9]

�� 316.103 [1985 c.684 �12; 1989 c.765 �1; 1989 c.958 �10; 1991 c.877 �7; repealed by 1993 c.730 �31 (315.324 enacted in lieu of 316.103 and 317.106)]

�� 316.104 [1987 c.911 �8b; 1991 c.877 �8; repealed by 1993 c.730 �37 (315.504 enacted in lieu of 316.104 and 317.140)]

�� 316.105 [1953 c.304 �14; 1953 c.552 �5; repealed by 1969 c.493 �99]

�� 316.106 [1967 c.274 �7; repealed by 1969 c.493 �99]

�� 316.107 [1969 c.493 �20; 1973 c.402 �19; 1985 c.802 �7; repealed by 1993 c.730 �3 (315.054 enacted in lieu of 316.107)]

�� 316.108 [1967 c.118 �2; repealed by 1969 c.493 �99]

�� 316.109 Credit for tax by another jurisdiction on sale of residential property; rules. (1) If gain on the sale of residential property is taxed under this chapter, the adjusted basis of the property for purposes of this chapter shall be the same as its adjusted basis for federal income tax purposes.

�� (2) A credit against the tax otherwise due under this chapter shall be allowed to the taxpayer for the amount of any taxes imposed on the taxpayer by another state of the United States, a foreign country or the District of Columbia which tax is attributable to gain that is subject to tax as described in subsection (1) of this section.

�� (3) The amount of the credit allowed under subsection (2) of this section may not exceed the amount of the gain taxed by the other taxing jurisdiction multiplied by eight percent.

�� (4) The Department of Revenue shall provide by rule the procedure for obtaining credit provided by subsection (2) of this section and the proof required. The requirement of proof may be waived partially, conditionally or absolutely, as provided under ORS 315.063.

�� (5) Any credit allowed under subsection (2) of this section may not be applied in calculating tax due under this chapter if the tax upon which the credit is based has been claimed as a deduction for Oregon personal income tax purposes, unless the tax is restored to income on the Oregon return. [1979 c.579 �2; 1981 c.705 �2; 1995 c.54 �10; 2001 c.114 �36]

�� 316.110 [1953 c.304 �15; 1953 c.552 �6; 1957 c.582 �1; 1961 c.506 �1; 1963 c.253 �1; repealed by 1969 c.493 �99]

�� 316.111 [1965 c.360 �2; repealed by 1969 c.493 �99]

�� 316.112 [1959 c.211 �2; 1963 c.627 �5 (referred and rejected); repealed by 1969 c.493 �99]

�� 316.113 [1967 c.61 �2; repealed by 1969 c.493 �99]

�� 316.114 [1967 c.449 �2; repealed by 1969 c.493 �99]

�� 316.115 [1953 c.304 �16; 1959 c.555 �1; subsection (4) derived from 1959 c.555 �2; repealed by 1969 c.493 �99]

�� 316.116 Credit for alternative energy device; rules. (1)(a) A resident individual shall be allowed a credit against the taxes otherwise due under this chapter for costs paid or incurred for construction or installation of each of one or more alternative energy devices in or at a dwelling.

�� (b) A credit against the taxes otherwise due under this chapter is not allowed for an alternative energy device that does not meet or exceed all applicable federal, state and local requirements for energy efficiency, including equipment codes, state and federal appliance standards, the state building code, specialty codes and any other standards.

�� (2)(a) For each category one alternative energy device other than an alternative fuel device or an alternative energy device that uses solar radiation for domestic water heating or swimming pool heating, the credit allowed under this section may not exceed the lesser of 50 percent of the cost of the alternative energy device or $1,500, and shall be computed as follows:

�� (A) For a category one alternative energy device that is not an alternative fuel device, the credit shall be based upon the first year energy yield of the alternative energy device that qualifies under ORS 469B.100 to 469B.118. The amount of the credit shall be the same whether for collective or noncollective investment.

�� (B) For each category one alternative energy device for a dwelling, the credit shall be based upon the first year energy yield in kilowatt hours per year multiplied by 60 cents per dwelling utilizing the alternative energy device used for space heating, cooling, electrical energy or domestic water heating.

�� (C) Except as provided in paragraph (c) of this subsection, for each category one alternative energy device used for swimming pool, spa or hot tub heating, the credit shall be based upon the first year energy yield in kilowatt hours per year multiplied by 15 cents.

�� (b) For each alternative fuel device, the credit allowed under this section may not exceed the lesser of 50 percent of the cost of the alternative fuel device or $750.

�� (c) For each category one alternative energy device that uses solar radiation for:

�� (A) Domestic water heating, the credit allowed under this section shall be based upon 50 percent of the cost of the device or the first year energy yield in kilowatt hours per year multiplied by $2, whichever is lower, up to $6,000.

�� (B) Swimming pool heating, the credit allowed under this section shall be based upon 50 percent of the cost of the device or the first year energy yield in kilowatt hours per year multiplied by 20 cents, whichever is lower, up to $2,500.

�� (d)(A) For each category two alternative energy device that is a solar electric system or fuel cell system, the credit allowed under this section may not exceed the lesser of $3 per watt of installed output or $6,000.

�� (B) For each category two alternative energy device that is a wind electric system, the credit allowed under this section may not exceed the lesser of $6,000 or the first year energy yield in kilowatt hours per year multiplied by $2.

�� (3)(a) Notwithstanding subsection (2)(a), (c) or (d) of this section, the total amount of the credits allowed in any one tax year may not exceed the tax liability of the taxpayer or $1,500 for each alternative energy device, whichever is less. Unused credit amounts may be carried forward as provided in subsection (8) of this section, but may not be carried forward to a tax year that is more than five tax years following the first tax year for which any credit was allowed with respect to the category two alternative energy device that is the basis for the credit.

�� (b) Notwithstanding subsection (2)(d) of this section, the total amount of the credit for each device allowed under subsection (2)(d) of this section may not exceed 50 percent of the total installed cost of the category two alternative energy device.

�� (4) The State Department of Energy may by rule provide for a lesser amount of incentive for each type of alternative energy device as market conditions warrant.

�� (5) To qualify for a credit under this section, all of the following are required:

�� (a) The alternative energy device must be purchased, constructed, installed and operated in accordance with ORS 469B.100 to 469B.118 and a certificate issued thereunder.

�� (b) The taxpayer who is allowed the credit must be the owner or contract purchaser of the dwelling or dwellings served by the alternative energy device or the tenant of the owner or of the contract purchaser and must:

�� (A) Use the dwelling or dwellings served by the alternative energy device as a principal or secondary residence; or

�� (B) Rent or lease, under a residential rental agreement, the dwelling or dwellings to a tenant who uses the dwelling or dwellings as a principal or secondary residence.

�� (c) The credit must be claimed for the tax year in which the alternative energy device was purchased if the device is operational by April 1 of the next following tax year.

�� (6) The credit provided by this section does not affect the computation of basis under this chapter.

�� (7) The total credits allowed under this section in any one year may not exceed the tax liability of the taxpayer.

�� (8) Any tax credit otherwise allowable under this section that is not used by the taxpayer in a particular year may be carried forward and offset against the taxpayer�s tax liability for the next succeeding tax year. Any credit remaining unused in the next succeeding tax year may be carried forward and used in the second succeeding tax year, and likewise any credit not used in that second succeeding tax year may be carried forward and used in the third succeeding tax year, and any credit not used in that third succeeding tax year may be carried forward and used in the fourth succeeding tax year, and any credit not used in that fourth succeeding tax year may be carried forward and used in the fifth succeeding tax year, but may not be carried forward for any tax year thereafter.

�� (9) A nonresident shall be allowed the credit under this section in the proportion provided in ORS 316.117.

�� (10) If a change in the taxable year of a taxpayer occurs as described in ORS 314.085, or if the Department of Revenue terminates the taxpayer�s taxable year under ORS 314.440, the credit allowed by this section shall be prorated or computed in a manner consistent with ORS 314.085.

�� (11) If a change in the status of a taxpayer from resident to nonresident or from nonresident to resident occurs, the credit allowed by this section shall be determined in a manner consistent with ORS 316.117.

�� (12) Spouses in a marriage who file separate returns for a taxable year may each claim a share of the tax credit that would have been allowed on a joint return in proportion to the contribution of each. However, a spouse living in a separate principal residence may claim the tax credit in the same amount as permitted a single person.

�� (13) As used in this section, unless the context requires otherwise:

�� (a) �Collective investment� means an investment by two or more taxpayers for the acquisition, construction and installation of an alternative energy device for one or more dwellings.

�� (b) �Noncollective investment� means an investment by an individual taxpayer for the acquisition, construction and installation of an alternative energy device for one or more dwellings.

�� (c) �Taxpayer� includes a transferee of a verification form under ORS 469B.106 (8).

�� (14) Notwithstanding any provision of subsections (1) to (4) of this section, the sum of the credit allowed under subsection (1) of this section plus any similar credit allowed for federal income tax purposes may not exceed the cost for the acquisition, construction and installation of the alternative energy device. [1977 c.196 �8; 1979 c.670 �2; 1981 c.894 �3; 1983 c.684 �14; 1983 c.768 �1; 1987 c.492 �1; 1989 c.626 �6; 1989 c.880 ��9,11; 1995 c.746 �19; 1997 c.325 �41; 1997 c.534 �3; 1999 c.21 �41; 1999 c.623 �1; 2005 c.832 �5; 2007 c.843 �29; 2009 c.909 �47; 2011 c.730 �69; 2012 c.45 �12; 2015 c.629 �41; 2015 c.701 ��26,27; 2016 c.29 �4]

�� Note: Section 5a (1), chapter 832, Oregon Laws 2005, provides:

�� Sec. 5a. (1) A taxpayer may not be allowed a credit under ORS 316.116 if the first tax year for which the credit would otherwise be allowed with respect to an alternative energy device begins on or after January 1, 2018. [2005 c.832 �5a; 2007 c.843 �35; 2009 c.913 �12; 2011 c.83 �16; 2011 c.730 �67(1)]

�� Note: Section 75, chapter 730, Oregon Laws 2011, provides:

�� Sec. 75. The State Department of Energy may not issue certifications for more than $10 million in potential tax credits for third-party alternative energy device installations in any tax year. [2011 c.730 �75]

TAXATION OF NONRESIDENTS

�� 316.117 Proration between Oregon income and other income for nonresidents, part-year residents and trusts. (1) Except as provided under subsection (2) of this section, the proportion for making a proration for nonresident taxpayers of the standard deduction or itemized deductions, the personal exemption credits and any accrued federal or foreign income taxes, or for part-year resident taxpayers of the amount of the tax, between Oregon source income and income from all other sources is the federal adjusted gross income of the taxpayer from Oregon sources divided by the taxpayer�s federal adjusted gross income from all sources. If the numerator of the fraction described in this subsection is greater than the denominator, the proportion of 100 percent shall be used in the proration required by this section. As used in this subsection, �federal adjusted gross income� means the federal adjusted gross income of the taxpayer with the additions, subtractions and other modifications to federal taxable income that relate to adjusted gross income for personal income tax purposes.

�� (2) For part-year resident trusts, the proration made under this section shall be made by reference to the taxable income of the fiduciary. [1969 c.493 �21; 1971 c.672 �1; 1973 c.269 �1; 1975 c.672 �5; 1977 c.872 �5; 1981 c.801 �4; 1983 c.684 �15; 1985 c.141 �5; 1987 c.293 �17; 1999 c.580 �5]

�� 316.118 Pro rata share of S corporation income of nonresident shareholder. (1) The pro rata share of S corporation income of a nonresident shareholder constitutes income or loss derived from or connected with sources in this state as provided in ORS 316.127 (5).

�� (2) In determining the pro rata share of S corporation income of a nonresident shareholder, there shall be included only that part derived from or connected with sources in this state of the shareholder�s distributive share of items of S corporation income, gain, loss and deduction (or item thereof) entering into the federal adjusted gross income of the shareholder, as such part is determined under rules adopted by the Department of Revenue in accordance with the general rules under ORS 316.127.

�� (3) Any modifications, additions or subtractions to federal taxable income described in this chapter that relates to an item of S corporation income, gain, loss or deduction (or item thereof) shall be made in accordance with the shareholder�s pro rata share, for federal income tax purposes of the item to which the modification, addition or subtraction relates, but limited to the portion of such item derived from or connected with sources in this state.

�� (4) A nonresident shareholder�s pro rata share of items of income, gain, loss or deduction (or item thereof) shall be determined under ORS 314.763 (1). The character of shareholder items for a nonresident shareholder shall be determined under ORS

ORS 279.835

279.835 to 279.855 and 283.085 to 283.092 and ORS chapters 240, 276, 279A, 279B, 279C, 282, 283, 291, 292 and 293 do not apply to the Oregon Utility Notification Center.

�� (4) Notwithstanding subsection (2)(b) of this section, the board of directors shall not establish rates or other charges that require payments from any subscriber who receives fewer than 50 telephone calls in the calendar year or that result in annual payments of more than $500 for any of the following subscribers:

�� (a) Cities with a population under 15,000;

�� (b) Telecommunications utilities serving fewer than 50,000 access lines and regulated by the Public Utility Commission under ORS chapter 759;

�� (c) Cable system operators serving fewer than 15,000 customers;

�� (d) Utilities, special districts, people�s utility districts or authorities providing electricity, water or sanitary sewer service to fewer than 15,000 residential customers; and

�� (e) Telecommunications cooperatives. [1995 c.691 �3; 1999 c.451 �3; 2001 c.104 �293; 2003 c.794 �329; 2012 c.107 �69]

�� Note: See note under 757.542.

�� 757.555 [Amended by 1971 c.655 �49; renumbered 756.555]

�� 757.556 [1987 c.599 �5; repealed by 1995 c.691 �8]

�� 757.557 Underground utility facility operators required to subscribe to center; liability for damage from excavation for nonsubscribers; exemption. (1) Every operator of underground facilities shall subscribe to the Oregon Utility Notification Center.

�� (2) Any person intending to excavate shall notify the Oregon Utility Notification Center at least two but not more than 10 business days before commencing an excavation. The board of directors shall, by rule, provide an exception to the requirement of advance notice for excavators in cases that involve an immediate danger to life or property, or a customer service outage. The board may adopt additional exceptions as the board, in its discretion, determines necessary.

�� (3) Nonsubscribing operators of underground facilities shall be responsible to all injured parties for all costs associated with damages to such facilities, loss of product or service or damages that occur as a result of excavation where the facilities damaged are under the control of the nonsubscribing operator and proper notice was given to the Oregon Utility Notification Center.

�� (4) The provisions of this section shall not apply to operators of underground facilities that are located entirely on private property and that provide services exclusively for the use of residents or owners of the property. [1995 c.691 �4; 2001 c.104 �294]

�� Note: See note under 757.542.

�� 757.560 [Repealed by 1971 c.655 �250]

�� 757.561 [1987 c.599 �4; repealed by 1995 c.691 �8]

�� 757.562 Report to Legislative Assembly of center activities; contracts to carry out duties. (1) The board of directors shall file with the Legislative Assembly and the Governor, not later than April 15 of each year, a report covering the activities and operations of the Oregon Utility Notification Center for the preceding calendar year according to the provisions of ORS 192.230 to 192.250.

�� (2) In carrying out the duties, functions and powers imposed by law on the Oregon Utility Notification Center, the board of directors may contract with any state agency or private party for the performance of such duties, functions and powers as the board considers appropriate. [1995 c.691 �5]

�� Note: See note under 757.542.

�� 757.565 [Repealed by 1971 c.655 �250]

�� 757.566 [1987 c.599 �6; repealed by 1995 c.691 �8]

�� 757.570 [Repealed by 1971 c.655 �250]

�� 757.571 [1987 c.599 ��7,8; repealed by 1995 c.691 �8]

�� 757.575 [Repealed by 1971 c.655 �250]

�� 757.580 [Repealed by 1971 c.655 �250]

�� 757.585 [Repealed by 1971 c.655 �250]

�� 757.590 [Amended by 1971 c.655 �48; renumbered 756.552]

�� 757.595 [Repealed by 1971 c.655 �250]

DIRECT ACCESS REGULATION

�� 757.600 Definitions for ORS 757.600 to 757.687. As used in ORS 757.600 to 757.687, unless the context requires otherwise:

�� (1) �Aggregate� means combining retail electricity consumers into a buying group for the purchase of electricity and related services.

�� (2) �Ancillary services� means services necessary or incidental to the transmission and delivery of electricity from generating facilities to retail electricity consumers, including but not limited to scheduling, load shaping, reactive power, voltage control and energy balancing services.

�� (3) �Commission� means the Public Utility Commission.

�� (4) �Consumer-owned utility� means a municipal electric utility, a people�s utility district or an electric cooperative.

�� (5) �Default supplier� means an electricity service supplier or electric company that has a legal obligation to provide electricity services to a consumer, as determined by the commission.

�� (6) �Direct access� means the ability of a retail electricity consumer to purchase electricity and certain ancillary services, as determined by the commission for an electric company or the governing body of a consumer-owned utility, directly from an entity other than the distribution utility.

�� (7) �Direct service industrial consumer� means an end user of electricity that obtains electricity directly from the transmission grid and not through a distribution utility.

�� (8) �Distribution� means the delivery of electricity to retail electricity consumers through a distribution system consisting of local area power poles, transformers, conductors, meters, substations and other equipment.

�� (9) �Distribution utility� means an electric utility that owns and operates a distribution system connecting the transmission grid to the retail electricity consumer.

�� (10) �Economic utility investment� means all electric company investments, including plants and equipment and contractual or other legal obligations, properly dedicated to generation or conservation, that were prudent at the time the obligations were assumed but the full benefits of which are no longer available to consumers as a direct result of ORS 757.600 to 757.667, absent transition credits. �Economic utility investment� does not include costs or expenses disallowed by the commission in a prudence review or other proceeding, to the extent of such disallowance, and does not include fines or penalties authorized and imposed under state or federal law.

�� (11) �Electric company� means an entity engaged in the business of distributing electricity to retail electricity consumers in this state, but does not include a consumer-owned utility.

�� (12) �Electric cooperative� means an electric cooperative corporation organized under ORS chapter 62 or under the laws of another state if the service territory of the electric cooperative includes a portion of this state.

�� (13) �Electric utility� means an electric company or consumer-owned utility that is engaged in the business of distributing electricity to retail electricity consumers in this state.

�� (14) �Electricity� means electric energy, measured in kilowatt-hours, or electric capacity, measured in kilowatts, or both.

�� (15) �Electricity services� means electricity distribution, transmission, generation or generation-related services.

�� (16) �Electricity service supplier� means a person or entity that offers to sell electricity services available pursuant to direct access to more than one retail electricity consumer. �Electricity service supplier� does not include an electric utility selling electricity to retail electricity consumers in its own service territory.

�� (17) �Governing body� means the board of directors or the commissioners of an electric cooperative or people�s utility district, or the council or board of a city with respect to a municipal electric utility.

�� (18) �Load� means the amount of electricity delivered to or required by a retail electricity consumer at a specific point of delivery.

�� (19) �Low-income weatherization� means repairs, weatherization and installation of energy efficient appliances and fixtures for low-income residences for the purpose of enhancing energy efficiency.

�� (20) �Municipal electric utility� means an electric distribution utility owned and operated by or on behalf of a city.

�� (21) �New renewable energy resource� means a renewable energy resource project, or a new addition to an existing renewable energy resource project, or the electricity produced by the project, that is not in operation on July 23, 1999. �New renewable energy resource� does not include any portion of a renewable energy resource project under contract to the Bonneville Power Administration on or before July 23, 1999.

�� (22) �One average megawatt� means 8,760,000 kilowatt-hours of electricity per year.

�� (23) �People�s utility district� has the meaning given that term in ORS 261.010.

�� (24) �Portfolio access� means the ability of a retail electricity consumer to choose from a set of product and pricing options for electricity determined by the governing board of a consumer-owned utility and may include product and pricing options offered by the utility or by an electricity service supplier.

�� (25) �Power generation company� means a company engaged in the production and sale of electricity to wholesale customers, including but not limited to independent power producers, affiliated generation companies, municipal and state authorities, provided the company is not regulated by the commission.

�� (26) �Qualifying expenditures� means those expenditures for energy conservation measures that have a simple payback period of not less than one year and not more than 10 years, and expenditures for the above-market costs of new renewable energy resources, provided that the State Department of Energy by rule may establish a limit on the maximum above-market cost for renewable energy that is allowed as a credit.

�� (27) �Renewable energy resources� means:

�� (a) Electricity generation facilities fueled by wind, waste, solar or geothermal power or by low-emission nontoxic biomass based on solid organic fuels from wood, forest and field residues.

�� (b) Dedicated energy crops available on a renewable basis.

�� (c) Landfill gas and digester gas.

�� (d) Hydroelectric facilities located outside protected areas as defined by federal law in effect on July 23, 1999.

�� (28) �Residential electricity consumer� means an electricity consumer who resides at a dwelling primarily used for residential purposes. �Residential electricity consumer� does not include retail electricity consumers in a dwelling typically used for residency periods of less than 30 days, including hotels, motels, camps, lodges and clubs. As used in this subsection, �dwelling� includes but is not limited to single family dwellings, separately metered apartments, adult foster homes, manufactured dwellings, recreational vehicles and floating homes.

�� (29) �Retail electricity consumer� means the end user of electricity for specific purposes such as heating, lighting or operating equipment, and includes all end users of electricity served through the distribution system of an electric utility on or after July 23, 1999, whether or not each end user purchases the electricity from the electric utility.

�� (30) �Site� means a single contiguous area of land containing buildings or other structures that are separated by not more than 1,000 feet, or buildings and related structures that are interconnected by facilities owned by a single retail electricity consumer and that are served through a single electric meter.

�� (31) �Transition charge� means a charge or fee that recovers all or a portion of an uneconomic utility investment.

�� (32) �Transition credit� means a credit that returns to consumers all or a portion of the benefits from an economic utility investment.

�� (33) �Transmission facility� means the plant and equipment used to transmit electricity in interstate commerce.

�� (34) �Undue market power� means the unfair or improper exercise of influence to increase or decrease the availability or price of a service or product in a manner inconsistent with competitive markets.

�� (35) �Uneconomic utility investment� means all electric company investments, including plants and equipment and contractual or other legal obligations, properly dedicated to generation, conservation and workforce commitments, that were prudent at the time the obligations were assumed but the full costs of which are no longer recoverable as a direct result of ORS 757.600 to 757.667, absent transition charges. �Uneconomic utility investment� does not include costs or expenses disallowed by the commission in a prudence review or other proceeding, to the extent of such disallowance, and does not include fines or penalties as authorized by state or federal law. [1999 c.865 �1; 2001 c.134 �8; 2003 c.186 �75]

�� 757.601 Implementation dates for direct access and portfolio of rate options; exemption for certain small electric companies. (1) All retail electricity consumers of an electric company, other than residential electricity consumers, shall be allowed direct access beginning on March 1, 2002. Retail electricity consumers shall not be allowed direct access before that date.

�� (2) Residential electricity consumers shall be allowed to purchase electricity from among a portfolio of rate options as described in ORS 757.603 not later than March 1, 2002.

�� (3) ORS 757.600 to 757.691 do not apply to an electric company providing electricity services to fewer than 25,000 consumers in this state unless the electric company offers direct access to any of its retail electricity consumers in this state or offers to sell electricity services available under direct access to more than one retail electricity consumer of another electric utility. [1999 c.865 �2; 2001 c.819 �1; 2003 c.14 �454]

�� Note: 757.601 was added to and made a part of ORS chapter 757 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 757.603 Electric company required to provide cost-of-service rate option to all retail electricity consumers; waiver; portfolio of rate options for residential consumers. (1) Except as provided in this section, an electric company shall provide all retail electricity consumers that are connected to the electric company�s distribution system with a regulated, cost-of-service rate option.

�� (2)(a) The Public Utility Commission by order may waive the requirement in subsection (1) of this section for any retail electricity consumer other than residential electricity consumers and small commercial electricity consumers.

�� (b) Prior to ordering a waiver under this subsection, the commission may conduct such studies as the commission deems necessary and shall provide notice and opportunity for public comment and hearings regarding the proposed waiver.

�� (c) The commission may order a waiver under this subsection if the commission finds, based on the evidentiary record developed through the conducted studies, public comment and hearings, that a market exists in which retail electricity consumers subject to the waiver are able to:

�� (A) Purchase supplies of electricity adequate to meet the needs of the retail electricity consumers;

�� (B) Obtain multiple offers for electricity supplies within a reasonable period of time;

�� (C) Obtain reliable supplies of electricity; and

�� (D) Purchase electricity at prices that are not unduly volatile and that are just and reasonable.

�� (3) Each electric company shall provide each retail electricity consumer that is connected to its distribution system and whose electricity demand at any point of delivery is less than 30 kilowatts a portfolio of rate options. The portfolio of rate options shall include at least the following options:

�� (a) A rate that reflects significant new renewable energy resources;

�� (b) A market-based rate; and

�� (c) If the commission finds, through public comment and hearing or through market research conducted by the electric company, that demand is sufficient to justify the rate, a rate option for electricity associated with a specific renewable energy resource, including solar photovoltaic energy.

�� (4) The commission shall regulate the cost-of-service rate option under subsection (1) of this section and the portfolio of rate options under this section. The commission:

�� (a) Shall reasonably ensure that the costs, risks and benefits of serving each option are reflected in the rates for each option, and such rates may include a monthly flat rate or charge in addition to usage.

�� (b) May prohibit or otherwise limit the use of a cost-of-service rate by retail electricity consumers who have been served through direct access.

�� (c) May limit switching among the portfolio of rate options and the cost-of-service rate.

�� (5)(a) As used in this subsection, �government� means a city, county, irrigation district, ditch improvement district, water control district, or government of a federally recognized Indian tribe in Oregon.

�� (b) An electric company may file, as part of a portfolio of rate options required under this section and if agreed to in coordination with one or more governments to meet adopted renewable and nonemitting energy goals, a program of rates or charges that reflect the cost of an electric company program to serve retail electricity consumers within the boundaries of those governments with electricity:

�� (A) Derived from new or existing renewable energy resources or nonemitting energy resources, including supply and demand-side resources; or

�� (B) Paired with unbundled renewable energy certificates, as defined in ORS 469A.005, from new or existing renewable energy resources.

�� (c) The commission may approve a rate or charge under this subsection if:

�� (A) The government attests that the coordination required under paragraph (b) of this subsection occurred and the electric company includes the attestation in the filing for a program of rates or charges;

�� (B) The government enacts or adopts an ordinance, charter provision, resolution or other regulation requiring that retail electricity consumers within the boundaries of the government must, as determined during the coordination required by paragraph (b) of this subsection and conducted in accordance with this paragraph, be served with renewable energy resources or nonemitting energy resources, including at the option of the government, resources such as:

�� (i) Energy from community-based resources, including solar photovoltaic, storage, microgrids, irrigation district-owned projects, in-pipe hydroelectric, or micro-hydroelectric, that provide community cobenefits, such as:

�� (I) Community stability;

�� (II) Community reinvestment;

�� (III) Ownership by a nonprofit organization or renewable energy cooperative that represents an environmental justice community;

�� (IV) Ownership by the government;

�� (V) Disaster resiliency;

�� (VI) Water savings;

�� (VII) Species protection;

�� (VIII) Direct cost savings to customers; or

�� (IX) Local economic development and jobs; and

�� (ii) Renewable and nonemitting energy resources acquired through government specified procurement criteria which may include goals for local or diverse ownership;

�� (C) The ordinance, charter provision, resolution or other regulation specifies that:

�� (i) All eligible retail electricity consumers served within the boundaries of the government are placed on the rate schedule by the electric company, upon commission approval, but have an opportunity to decline to be served by the rate option; and

�� (ii) Retail electricity consumers within the boundaries of the government that are connected to the distribution system and whose electricity demand at any point of delivery is greater than 30 kilowatts may choose to be placed on the rate schedule, if the electric company determines that electricity demand at the consumer�s point of delivery is greater than 30 kilowatts because of additional demand resulting from electrification of transportation or other services, including electric vehicle charging stations, after September 25, 2021;

�� (D) The ordinance, charter provision, resolution or other regulation includes protections, such as subsidies or bill payment assistance, for low-income retail electricity consumers affected by the rates or charges and provides that these protections are paid for solely by retail electricity consumers within the boundaries of the government;

�� (E) The electric company has included in the program provisions to minimize the shifting of costs from retail electricity consumers to other customers who do not participate;

�� (F) The ordinance, charter provision, resolution or other regulation sets forth the duration of the program; and

�� (G) The electric company utilizes commission-approved procurement processes, to the extent those processes apply, and the procurement criteria agreed to with the government in subparagraph (B)(ii) of this paragraph.

�� (d) After the electric company receives approval to serve retail electricity consumers within the boundaries of the government according to the program of rates or charges adopted pursuant to this subsection, the electric company must:

�� (A) Prior to commencing the program, receive acknowledgement from the government to proceed with the program as approved by the commission and, if the government declines to proceed, shall file to suspend the rates and charges under the program;

�� (B) Include information on its monthly bills to participating retail electricity consumers identifying the program�s cost;

�� (C) Provide notice to participating retail electricity consumers of any change in rate for participation in the program; and

�� (D) Provide an annual report to the commission and participating governments summarizing the program activities in the prior calendar year.

�� (e) The commission shall allow the electric company, for purposes of the new or existing renewable energy resources or nonemitting energy resources that serve the program of rates or charges adopted pursuant to this subsection:

�� (A) To own the facilities or use power purchase agreements.

�� (B) To recover part or all of the costs associated with the resources that serve the program, including costs associated with resources described in subparagraph (A) of this paragraph, from all retail electricity consumers not served by an electricity service supplier, if:

�� (i) The electric company can demonstrate that above-market or incremental costs of those resources have been paid for by program participants;

�� (ii) An integrated resource plan conducted by the electric company shows an energy or capacity need and the company demonstrates that such resources are capable of meeting that need, in whole or in part;

�� (iii) The electric company will use the resources to meet a renewable portfolio standard imposed by ORS 469A.052;

�� (iv) The resources help the electric company comply with ORS 469A.410; or

�� (v) All customers will otherwise benefit from inclusion of the costs in rates collected from all customers.

�� (C) To collect moneys from participating retail electricity consumers in excess of the cost of service and defer revenues or costs associated with the program for the purposes of making future investments in resources or renewable energy certificates to serve program participants and for the purposes of protecting nonparticipating retail electricity consumers should the government end its participation in the program.

�� (D) To recover the costs associated with the resources that serve the program, including costs associated with resources described in subparagraph (A) of this paragraph, from retail electricity consumers within the boundaries of the government other than those served by electricity service suppliers, if the government ends its participation in the program and the costs are not otherwise recoverable under subparagraph (B) of this paragraph.

�� (6) Nothing in subsection (3) of this section prohibits an electric company from providing retail electricity consumers that are connected to its distribution system and whose electricity demand at any point of delivery is greater than 30 kilowatts a portfolio of rate options.

�� (7) Notwithstanding the exemption to ORS 757.600 to 757.691 provided by ORS 757.601 (3), an electric company serving fewer than 25,000 customers in this state may propose a program for approval by the commission if the program meets the criteria specified in this section. [1999 c.865 �4; 2001 c.819 �2; 2015 c.556 �1; 2021 c.508 �20]

�� 757.605 [1961 c.691 �2; 1971 c.655 �97; renumbered 758.400]

�� 757.606 [Formerly 758.040; renumbered

ORS 30.937

30.937.

�� (2) Subsection (1) of this section does not apply to:

�� (a) City rules, regulations or ordinances adopted in accordance with ORS 527.722; or

�� (b) Any forest practice conducted in violation of a solar energy easement that complies with ORS 105.880 to 105.890. [1993 c.792 �38]

�� 30.935 Prohibition on local laws that make farm practice a nuisance or trespass. Any local government or special district ordinance or regulation now in effect or subsequently adopted that makes a farm practice a nuisance or trespass or provides for its abatement as a nuisance or trespass is invalid with respect to that farm practice for which no action or claim is allowed under ORS 30.936 or 30.937. [1981 c.716 �2; 1985 c.565 �4; 1993 c.792 �37]

�� 30.936 Immunity from private action based on farming or forest practice on certain lands; exceptions. (1) No farming or forest practice on lands zoned for farm or forest use shall give rise to any private right of action or claim for relief based on nuisance or trespass.

�� (2) Subsection (1) of this section shall not apply to a right of action or claim for relief for:

�� (a) Damage to commercial agricultural products; or

�� (b) Death or serious physical injury as defined in ORS 161.015.

�� (3) Subsection (1) of this section applies regardless of whether the farming or forest practice has undergone any change or interruption. [1993 c.792 �34; 1995 c.547 �8; 1995 c.703 �3; 2001 c.401 �1]

�� 30.937 Immunity from private action based on farming or forest practice allowed as preexisting nonconforming use; exceptions. (1) No farming or forest practice allowed as a preexisting nonconforming use shall give rise to any private right of action or claim for relief based on nuisance or trespass.

�� (2) Subsection (1) of this section shall not apply to a right of action or claim for relief for:

�� (a) Damage to commercial agricultural products; or

�� (b) Death or serious physical injury as defined in ORS 161.015.

�� (3) Subsection (1) of this section applies only where a farming or forest practice existed before the conflicting nonfarm or nonforest use of real property that gave rise to the right of action or claim for relief.

�� (4) Subsection (1) of this section applies only where a farming or forest practice has not significantly increased in size or intensity from November 4, 1993, or the date on which the applicable urban growth boundary is changed to include the subject farming or forest practice within its limits, whichever is later. [1993 c.792 �35; 1995 c.703 �4]

�� 30.938 Attorney fees and costs. In any action or claim for relief alleging nuisance or trespass and arising from a practice that is alleged by either party to be a farming or forest practice, the prevailing party shall be entitled to judgment for reasonable attorney fees and costs incurred at trial and on appeal. [1993 c.792 �36]

�� 30.939 When use of pesticide considered farming or forest practice. (1) Notwithstanding ORS 30.930 (2), the use of a pesticide shall be considered to be a farming practice for purposes of ORS 30.930 to 30.947, if the use of the pesticide:

�� (a) Is or may be used on a farm of a similar nature;

�� (b) Is a reasonable and prudent method for the operation of the farm to obtain a profit in money;

�� (c) Is or may become customarily utilized in conjunction with farm use;

�� (d) Complies with applicable laws; and

�� (e) Is done in a reasonable and prudent manner.

�� (2) Notwithstanding ORS 30.930 (4), the use of a pesticide shall be considered to be a forest practice for purposes of ORS 30.930 to 30.947, if the use of the pesticide:

�� (a) Is or may be used on forestland of a similar nature;

�� (b) Is a reasonable and prudent method of complying with ORS 527.610 to 527.770;

�� (c) Is or may become customarily utilized in conjunction with forestland;

�� (d) Complies with applicable laws;

�� (e) Is done in a reasonable and prudent manner; and

�� (f) Includes, but is not limited to, site preparation, timber harvest, slash disposal, road construction and maintenance, tree planting, precommercial thinning, release, fertilization, animal damage control and insect and disease control. [1993 c.792 �32a; 1995 c.703 �5]

�� 30.940 Effect on other remedies. The provisions of ORS 30.930 to 30.947 shall not impair the right of any person or governmental body to pursue any remedy authorized by law that concerns matters other than a nuisance or trespass. [1981 c.716 �3; 1985 c.565 �5; 1993 c.792 �39]

�� 30.942 Rules. (1) The State Department of Agriculture may adopt rules to implement the provisions of ORS 30.930 to

ORS 307.169

307.169)]

(Leased Public or Institutional Property)

�� 307.166 Property leased by exempt institution, organization or public body to another exempt institution, organization or public body. (1) If property is owned or being purchased by an institution, organization or public body that is granted exemption or the right to claim exemption for any of its property under a provision of law contained in this chapter, and the institution, organization or public body leases or otherwise grants the use and possession of the property to another institution, organization or public body that is likewise granted exemption or the right to claim exemption for property under a provision of law contained in this chapter, the property is exempt from taxation if used by the lessee or possessor in the manner, if any, required by law for the exemption of property owned or being purchased by the lessee or possessor and any tax savings resulting from the exemption from taxation granted under this section will inure solely to the benefit of the lessee or possessor. Likewise, if the property is sublet or otherwise the use and possession of the property is granted to another institution, organization or public body of the kind described in this subsection, the property is exempt if used by the sublessee or possessor in the manner, if any, required by law for the exemption of property owned or being purchased by the sublessee or possessor and any tax savings resulting from the exemption from taxation granted under this section will inure solely to the benefit of the sublessee or possessor.

�� (2) Except as provided in subsection (4) of this section, to obtain the exemption under this section, the lessee, sublessee or entity in possession must file a claim for exemption with the county assessor, verified by the oath or affirmation of the president or other proper officer of the institution or organization, or head official of the public body or the legally authorized delegate of the head official, showing:

�� (a) A complete description of the property for which exemption is claimed.

�� (b) All facts relating to the ownership or purchase of the property.

�� (c) All facts relating to the use of the property by the lessee, sublessee or entity in possession.

�� (d) A true copy of the lease, sublease or other grant of use and possession covering the property for which exemption is claimed.

�� (e) Any other information required by the claim form.

�� (3)(a) The claim required under subsection (2) of this section must be filed on or before April 1 preceding the tax year for which the exemption is claimed, except:

�� (A) If the lease, sublease or other grant of use and possession is entered into after March 1 but not later than June 30, the claim must be filed within 30 days after the date the lease, sublease or other grant of use and possession is entered into if the exemption is claimed for the assessment year beginning on the preceding January 1; or

�� (B) If a late filing fee is paid in the manner provided in ORS 307.162 (2), the claim may be filed within the time specified in ORS 307.162 (2).

�� (b) The exemption first applies for the tax year beginning July 1 of the year for which the claim is filed. The exemption continues as long as the ownership and use of the property remain unchanged and during the period of the lease, sublease or other grant of use and possession. If either the ownership or use changes, a new claim must be filed as provided in this section. If the lease, sublease or other grant of use and possession expires before July 1 of any year, the exemption terminates as of January 1 of the same calendar year.

�� (4)(a) In lieu of filing a claim under subsection (2) of this section, the lessor, sublessor or person granting the use and possession of property that is exempt from taxation under ORS 307.040 or 307.090 to a lessee, sublessee or entity the property of which is eligible for exemption under ORS 307.040 or 307.090 must provide the assessor of the county in which the property is located with the following information as soon as practicable after execution of a lease, sublease or other grant of use and possession of the property:

�� (A) The name and address of the lessee, sublessee or possessor;

�� (B) Upon request of the assessor, a copy of the lease, sublease or other grant of use and possession of the property; and

�� (C) The location of the property.

�� (b) Upon compliance with paragraph (a) of this subsection, the property is exempt from taxation under this section during the term of the lease, sublease or other grant of use and possession. [1977 c.884 �26 (enacted in lieu of 307.164); 1991 c.459 �45; 1993 c.104 �1; 1997 c.154 �1; 1997 c.541 �107; 1999 c.579 �19; 2009 c.626 �3; 2011 c.655 �3; 2013 c.193 �15; 2017 c.554 �2]

�� 307.168 State land under lease. (1) Notwithstanding ORS 307.110, all land leased by any person from the State Land Board or agency with authority over land under ORS 273.141 is exempt from taxation.

�� (2) As used in this section �land� means the land itself, above or under water, but does not include:

�� (a) Any buildings, structures, improvements, machinery, equipment or fixtures erected upon, under, above or affixed to the land; or

�� (b) Mines, minerals, or quarries in, under or upon the land. The term �land,� however, does include all water rights appertaining to the land. [1982 s.s.1 c.25 �2; 1995 c.589 �5]

�� 307.169 [Formerly 307.165; 1991 c.459 �46; 1993 c.187 �24; repealed by 1995 c.748 �9]

�� 307.170 [Amended by 1955 c.576 �2; 1961 c.543 �5; renumbered 307.162]

�� 307.171 Sports facility owned by large city. Any sports facility owned by a city with a population of at least 500,000 is exempt from taxation, even if leased to or operated by a taxpaying entity. [2001 c.931 �2]

(Alternative Energy Systems)

�� 307.175 Alternative energy systems and community solar projects. (1) As used in this section:

�� (a) �Alternative energy system� means property consisting of solar, geothermal, wind, water, fuel cell or methane gas energy systems for the purpose of heating, cooling or generating electricity.

�� (b) �Community solar project� has the meaning given that term in ORS 757.386.

�� (2) The following property is exempt from ad valorem property taxation:

�� (a) An alternative energy system that is:

�� (A) A net metering facility, as defined in ORS 757.300; or

�� (B) Primarily designed to offset onsite electricity use.

�� (b) A community solar project.

�� (3) Notwithstanding ORS 307.110 and 308.505 to 308.674, any portion of the real property to which an alternative energy system is affixed is exempt under this section if:

�� (a) The real property is otherwise exempt from ad valorem property taxation; and

�� (b) The alternative energy system is exempt under this section.

�� (4) Property equipped with an alternative energy system is exempt from ad valorem property taxation in an amount that equals any positive amount obtained by subtracting the real market value of the property as if it were not equipped with an alternative energy system from the real market value of the property as equipped with the alternative energy system.

�� (5) A community solar project is eligible to claim the exemption granted under this section beginning on the date on which the electrical inspection for the project is completed and approved.

�� (6) A community solar project that is granted exemption under this section may not be granted any other exemption from ad valorem property taxes for the same property tax year. [1975 c.460 ��1,2; 1977 c.196 ��9,10; 1979 c.670 �1; 1991 c.459 �47; 1997 c.534 �1; 2001 c.584 �1; 2007 c.885 �1; 2011 c.656 �3; 2022 c.79 �1; 2023 c.398 �9]

�� Note: Section 4, chapter 656, Oregon Laws 2011, provides:

�� Sec. 4. (1) The amendments to ORS 307.175 by section 3, chapter 656, Oregon Laws 2011, apply to property tax years beginning on or after July 1, 2011.

�� (2)(a) The amendments to ORS 307.175 by section 1, chapter 79, Oregon Laws 2022, apply to property tax years beginning on or after July 1, 2022, and before July 1, 2024.

�� (b) The amendments to ORS 307.175 by section 9 of this 2023 Act apply to property tax years beginning on or after July 1, 2024.

�� (3) An exemption under ORS 307.175 may not be allowed for property tax years beginning after July 1, 2029. [2011 c.656 �4; 2013 c.193 �28; 2017 c.542 �1; 2022 c.79 �2; 2023 c.398 �10]

�� Note: 307.175 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 307 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Temporary provisions relating to exemption of solar project property and payment of fee in lieu of property taxes)

�� Note: Sections 1, 2 and 3, chapter 571, Oregon Laws 2015, provide:

�� Sec. 1. (1)(a) The governing body of a county and the owner or person in possession or control of a solar project located within the county and outside the boundaries of any incorporated city may enter into an agreement that exempts from property taxes the property constituting the solar project and allows the payment of a fee in lieu of property taxes imposed on the property.

�� (b) An agreement entered into under this section:

�� (A) May not be for a term longer than 20 consecutive years;

�� (B) Must indicate how the land on which the solar project is located will be treated with respect to the exemption and fee in lieu of property taxes; and

�� (C) Must set the rate of the fee in lieu of property taxes in accordance with subsection (2) of this section.

�� (c) If any portion of a solar project is located within the boundaries of an incorporated city, the governing body of the county shall consult with the governing body of the city before entering into an agreement under paragraph (a) of this subsection. An agreement entered into under paragraph (a) of this subsection with respect to a solar project located within the boundaries of the incorporated city is not effective unless the governing body of the city is a party to the agreement.

�� (2) The fee in lieu of property taxes shall be computed at a rate not less than $5,500, and not more than $7,000, per megawatt of nameplate capacity of the solar project for each property tax year. Megawatt of nameplate capacity shall be carried to the third decimal place.

�� (3)(a) On or before December 31 preceding the first property tax year to which an agreement entered into under this section relates, the owner or person in possession or control of the solar project shall file with the assessor of the county in which the solar project is located and the Department of Revenue a copy of the agreement and the nameplate capacity of the solar project.

�� (b) For each subsequent property tax year to which the agreement relates, the owner or person in possession or control of the solar project shall include with the statement required under ORS 308.524 the nameplate capacity of the solar project.

�� (c) A filing made under paragraph (a) of this subsection after December 31 must be accompanied by a late fee of $200. A filing may not be made after March 1 preceding the property tax year to which the filing relates.

�� (4)(a) For each property tax year to which an agreement relates, the department, when certifying and transmitting the assessment roll to the county assessors under ORS 308.505 to 308.674, shall provide the nameplate capacity of each solar project paying the fee in lieu of property taxes to each assessor of a county in which a solar project is located.

�� (b) As required under ORS 311.255, the county assessors shall extend upon the tax roll against all property constituting a solar project located in the respective counties all fees in lieu of property taxes for the property tax year. The fees shall be apportioned and distributed among the taxing districts having jurisdiction over the property in the proportion that each taxing district�s total tax rate for the property tax year bears to all the taxing districts� total tax rates for the property tax year.

�� (5)(a) If the owner or person in possession or control of a solar project that has entered into an agreement under this section fails to pay the fee as required under this section, the property constituting the solar project is not exempt for the following property tax year and shall be assessed and taxed as other similar property is assessed and taxed.

�� (b) Notwithstanding paragraph (a) of this subsection, the property shall be exempt for the following property tax year upon payment, within one year after the date of delinquency, of the delinquent fee plus interest at the rate prescribed in ORS 311.505 (2). Delinquent fees and interest shall be collected in the manner provided for collection of delinquent property taxes on personal property.

�� (6)(a) If the owner or person in possession or control of the solar project fails to pay the fee in lieu of property taxes for more than one year during the term of an agreement entered into under this section, notwithstanding the agreement, the property constituting the solar project shall be disqualified for the exemption and payment of the fee in lieu of property taxes.

�� (b) Property that is disqualified under this subsection shall:

�� (A) Be assessed and taxed as other similar property is assessed and taxed.

�� (B) In addition, be assessed a penalty in an amount equal to one year of the fee in lieu of property taxes for the property. The penalty assessed under this subparagraph shall be distributed in the manner described in subsection (4)(b) of this section.

�� (7)(a) Property constituting a solar project that has received an exemption under ORS 285C.350 to 285C.370 or 307.123 for any property tax year is not eligible to pay a fee in lieu of property taxes under this section.

�� (b) Paragraph (a) of this subsection does not apply to property constituting a solar project that was the subject of an application filed pursuant to ORS 285C.350 to 285C.370 if the property did not receive the exemption for any property tax year. The election to pay the fee in lieu of property taxes for property described in this paragraph is not a disqualifying event. [2015 c.571 �1; 2019 c.628 �1; 2021 c.571 �1]

�� Sec. 2. Section 1 of this 2015 Act applies to property tax years beginning on or after July 1, 2016. [2015 c.571 �2]

�� Sec. 3. (1) Section 1, chapter 571, Oregon Laws 2015, is repealed on January 2, 2028.

�� (2) Notwithstanding subsection (1) of this section, property constituting a solar project that is exempt from property taxes under section 1, chapter 571, Oregon Laws 2015, on the date specified in subsection (1) of this section shall continue to be exempt and to pay the fee in lieu of property taxes for the term specified in the agreement entered into under section 1, chapter 571, Oregon Laws 2015. [2015 c.571 �3; 2021 c.571 �2]

(Temporary provisions relating to exemption of property that will be seismically retrofitted)

�� Note: Sections 1 to 6, chapter 537, Oregon Laws 2017, provide:

�� Sec. 1. (1) As used in sections 1 to 5 of this 2017 Act:

�� (a)(A) �Eligible costs� means costs that are:

�� (i) Directly related to the work necessary to seismically retrofit eligible property; and

�� (ii) Incurred after an application relating to the retrofitting has been approved under section 2 of this 2017 Act.

�� (B) �Eligible costs� includes, but is not limited to:

�� (i) All costs directly related to structural seismic retrofitting, including, but not limited to, the necessary costs of demolition and restoration of similar architectural finishes, electrical systems, plumbing and mechanical systems necessary for access; and

�� (ii) Architectural and engineering fees, and fees for testing, insurance and project management, related to the seismic retrofitting.

�� (C) �Eligible costs� does not include:

�� (i) Costs associated with refurbishing or remodeling that are intended to enhance the aesthetics, functionality or marketability of the improvements but do not extend the seismic life safety of the improvements; or

�� (ii) Costs for abatement of hazardous materials, including, but not limited to, asbestos, or for relocation or loss of rent during the seismic retrofitting.

�� (b) �Eligible property� means improvements built before January 1, 1993, that constitute a commercial, industrial or multifamily building.

�� (2) The governing body of a city or county may adopt an ordinance or resolution providing for exemption or partial exemption from ad valorem property taxation of eligible property that will be seismically retrofitted.

�� (3)(a) An ordinance or resolution adopted under this section must specify the eligibility requirements for the exemption or partial exemption.

�� (b) Notwithstanding paragraph (a) of this subsection, property is not eligible for an exemption or partial exemption pursuant to this section if, at the time an application for the property is filed under section 2 of this 2017 Act, the property is:

�� (A) Subject to assessment under ORS 308.505 to 308.681 [series became 308.505 to 308.674]; or

�� (B) State-appraised industrial property as defined in ORS 306.126.

�� (4)(a) An ordinance or resolution adopted under this section must specify the period, not to exceed 15 years, for which the exemption or partial exemption may be granted.

�� (b) Eligible property may be granted exemption or partial exemption under this section until the earlier of:

�� (A) The expiration of the period for which the eligible property is eligible for exemption or partial exemption under paragraph (a) of this subsection; or

�� (B) The date on which the dollar amount of the tax benefit from the exemption or partial exemption equals the eligible costs for the property.

�� (c) The ordinance or resolution may:

�� (A) Further restrict eligible properties to unreinforced masonry buildings, unreinforced concrete buildings or any other building type considered seismically dangerous by the governing body of the city or county; and

�� (B) Impose any other conditions for the exemption or partial exemption that do not conflict with sections 1 to 5 of this 2017 Act.

�� (5)(a) A city or county may amend or repeal an ordinance or resolution adopted under this section at any time.

�� (b) Notwithstanding paragraph (a) of this subsection, eligible property that is granted an exemption or partial exemption under this section when the ordinance or resolution is amended or repealed shall continue to receive the exemption or partial exemption for the period granted, pursuant to the provisions of the ordinance or resolution in effect when the property was initially granted the exemption or partial exemption.

�� (6)(a) An ordinance or resolution adopted under this section does not become effective unless the rates of taxation of the taxing districts located within the territory of the city or county whose governing bodies agree to the exemption or partial exemption, when combined with the rate of taxation of the city or county that adopted the ordinance or resolution, equal 75 percent or more of the total combined rate of taxation within the territory of the city or county. In agreeing to the exemption or partial exemption, the governing bodies of the taxing districts shall impose a limit on the total amount of exemptions and partial exemptions that may be approved.

�� (b) If an ordinance or resolution becomes effective pursuant to paragraph (a) of this subsection, the exemption or partial exemption shall be effective for the tax levies of all taxing districts in which an eligible property that is granted an exemption or partial exemption is located. [2017 c.537 �1]

�� Sec. 2. (1)(a) The owner of eligible property seeking an exemption or partial exemption for the eligible property under an ordinance or resolution adopted pursuant to section 1 of this 2017 Act must file an application, with the governing body of the city or county that adopted the ordinance or resolution, on or before March 15 preceding the beginning of the property tax year for which the exemption or partial exemption is sought. A single application may be filed for eligible property in contiguous tax accounts under common ownership.

�� (b) Notwithstanding paragraph (a) of this subsection, an application may be filed after March 15 and on or before December 31 if the application is accompanied by a late filing fee equal to the greater of $200 or one-tenth of one percent of the real market value of the eligible property to which the application relates as of the assessment date for that tax year.

�� (2) An application filed pursuant to this section must include:

�� (a) The address of the eligible property.

�� (b) Documentation showing the ownership of the eligible property by the person filing the application.

�� (c) Documentation showing that all applicable eligibility requirements have been met.

�� (d) Documentation of estimated eligible costs with respect to the eligible property prepared by a person unrelated to the owner of the eligible property and having expertise in estimating such costs. Documentation of eligible costs may include, but is not limited to, bids, cost estimates, copies of contracts, notes and minutes of contract negotiations and accounts, invoices, sales receipts and other payment records of purchases, sales, leases and other transactions relating to the eligible costs.

�� (e) Plans, calculations and any other documentation prepared and stamped by a registered structural engineer or architect establishing to the satisfaction of the city or county that the proposed seismic retrofitting meets or exceeds the standard defined as Basic Performance Objective for Existing Buildings in the Seismic Evaluation and Retrofit of Existing Buildings ASCE/SEI 41-13, published by the American Society of Civil Engineers and the Structural Engineering Institute, as in effect on December 31, 2016, unless the governing body of the city or county has expressly approved or required a different standard that enhances life safety in a seismic event. The documentation must include seismic retrofitting for any parapets, cornices and chimneys. The standard of care for documentation prepared and stamped under this paragraph is the same as for documents stamped in accordance with ORS 671.025 or 672.020.

�� (f) Documentation of any financial incentives received from local, state or federal government for the seismic retrofitting of the eligible property, exclusive of the exemption or partial exemption granted under sections 1 to 5 of this 2017 Act.

�� (g) An application fee, if any, required by the city or county.

�� (3) The application shall be reviewed by the city or county. The city or county may consult with the owner of the eligible property about the application, and the owner may amend the application.

�� (4)(a) If the city or county determines that the application does not meet the requirements of this section, the city or county shall promptly notify the owner of the eligible property in writing that the application is not approved, stating the reasons for the determination. A determination under this paragraph is not reviewable, but the owner of the eligible property may file an application under this section for any subsequent year.

�� (b) If the city or county determines that the application meets the requirements of this section, the city or county shall promptly:

�� (A) Notify the owner of the eligible property in writing that the application is approved; and

�� (B) Notify the county assessor in writing that the application is approved and certify the period for which the exemption or partial exemption is granted and the estimated eligible costs with respect to the eligible property, reduced by any financial incentives received from local, state or federal government for the seismic retrofitting of the eligible property, exclusive of the exemption or partial exemption granted under sections 1 to 5 of this 2017 Act.

�� (5) The assessor of the county in which the eligible property granted an exemption or partial exemption is located may charge the owner a fee of up to $200 for the first year and up to $100 for each subsequent year for which the exemption or partial exemption is granted to compensate the assessor for duties imposed under sections 1 to 5 of this 2017 Act.

�� (6) Upon receiving notice under subsection (4) of this section of the approval of an application, the owner of the eligible property shall cause to be recorded with the clerk of the county in which the eligible property is located a notice that contains a legal description of the eligible property and a statement that the eligible property has been granted a property tax exemption pursuant to an ordinance or resolution adopted under section 1 of this 2017 Act and that the owner, or the owner�s successor or assignees, may be liable for additional taxes under section 5 of this 2017 Act.

�� (7) The transfer of the eligible property shall not disqualify the eligible property from an exemption or partial exemption granted to the eligible property under the ownership of the transferor, provided the transferee:

�� (a) Notifies the city or county and the county assessor as soon as practicable of the transfer and of the transferee�s intention to continue the seismic retrofitting in a manner consistent with the requirements of sections 1 to 5 of this 2017 Act; and

�� (b) Complies with all requirements under sections 1 to 5 of this 2017 Act. [2017 c.537 �2]

�� Sec. 3. (1) An ordinance or resolution adopted under section 1 of this 2017 Act must state the percentage of the exemption to be applied to the real market value of the eligible property.

�� (2) The exemption or partial exemption shall apply to existing eligible property of any classification under rules established by the Department of Revenue pursuant to ORS 308.215 (1)(a)(C) that is consistent with the definition of �eligible property� under section 1 of this 2017 Act.

�� (3) ORS 307.032 applies to eligible property granted partial exemption under the ordinance or resolution.

�� (4) Each year the county assessor shall add to the assessment and tax rolls of the county, with respect to the eligible property granted exemption or partial exemption pursuant to an ordinance or resolution adopted under section 1 of this 2017 Act, the notation �potential additional tax.� [2017 c.537 �3]

�� Sec. 4. (1)(a) Each year, on or before a date prescribed by the city or county that adopted the ordinance or resolution under section 1 of this 2017 Act pursuant to which eligible property is granted an exemption or partial exemption, the owner of the eligible property shall submit documentation of actual eligible costs incurred and an updated estimate of the eligible costs to the city or county, as applicable.

�� (b) The owner shall include with the documentation the amount of any financial incentives received from local, state or federal government for the seismic retrofitting of the eligible property, exclusive of the exemption or partial exemption granted under sections 1 to 5 of this 2017 Act. The city or county shall report the amount of the incentives to the assessor of the county in which the eligible property is located, who shall reduce the eligible costs for the eligible property by the amount of the incentives.

�� (2)(a) If the updated estimate of the eligible costs is greater or less than the original estimate by 10 percent or more, the city or county shall submit the documentation and updated estimate to the county assessor.

�� (b) Upon receipt, the county assessor shall recompute the assessed value and maximum assessed value of the eligible property under ORS 308.156, beginning with the first year for which the eligible property was granted exemption or partial exemption.

�� (c) The values as recomputed under this section shall apply to the remaining period for which the eligible property has been granted exemption or partial exemption. Delinquent taxes may not be assessed or collected, and refunds may not be paid, as a consequence of the recomputation under this section for property tax years preceding the remaining period. [2017 c.537 �4]

�� Sec. 5. (1) Eligible property that is granted exemption or partial exemption pursuant to an ordinance or resolution adopted under section 1 of this 2017 Act shall continue to receive the exemption or partial exemption until the eligible property is disqualified by the earliest of:

�� (a) The expiration of the period for which the exemption or partial exemption was certified under section 2 of this 2017 Act.

�� (b) The date on which the dollar amount of the exemption or partial exemption equals the eligible costs for the eligible property.

�� (c) The discovery by the city or county that the owner of the eligible property has failed to:

�� (A) Comply with the eligibility requirements adopted by the city or county;

�� (B) Begin or make reasonable progress on seismic retrofitting of the eligible property; or

�� (C) Perform the seismic retrofitting of the eligible property in substantial compliance with documentation described in section 2 (2)(e) of this 2017 Act that was included in the application relating to the eligible property approved under section 2 of this 2017 Act.

�� (d) The discovery by the city or county that any statement or representation in any documentation filed pursuant to section 2 of this 2017 Act was misleading or false.

�� (2) The city or county may provide an owner with the opportunity to cure the grounds for disqualification under subsection (1) of this section.

�� (3) The city or county shall notify the county assessor of the disqualification of eligible property from exemption or partial exemption under this section, and upon disqualification the eligible property shall be assessed and taxed under ORS

ORS 307.175

307.175�� Alternative energy systems and community solar projects

(Temporary provisions relating to exemption of solar project property and payment of fee in lieu of property taxes are compiled as notes following ORS 307.175)

(Temporary provisions relating to exemption of property that will be seismically retrofitted are compiled as notes following ORS 307.175)

(Indian Properties)

ORS 308.505

308.505 to 308.674 are exempt from state and local property taxes and fees, charges and assessments related to property taxation if the permanent improvements:

�� (A) Are located on land that is:

�� (i) Owned by the United States and held in trust pursuant to federal law for a federally recognized Indian tribe in Oregon; and

�� (ii) Within Jefferson County or Wasco County;

�� (B) Consist of solar energy systems for the purpose of heating, cooling or generating electricity; and

�� (C) Are subject to a property tax program imposed by the tribe.

�� (d) Upon request, and pursuant to an intergovernmental agreement between the tribe and the governing body of any county in which a portion of the permanent improvements is located, the county assessor shall provide such information as is necessary for the tribe to assess, impose and collect the tribal property taxes on the permanent improvements described in paragraph (c) of this subsection.

�� (e) Property granted exemption under paragraph (c) of this subsection is not centrally assessed for purposes of ORS 307.330.

�� (f) ORS 315.037 does not apply to the exemption granted under paragraph (c) of this subsection.

�� (3)(a) Notwithstanding subsection (1) of this section, property that is owned exclusively by an eligible Indian tribe or by an entity wholly owned by an eligible Indian tribe, or a portion of the property, is exempt from taxation if the property, or the portion of the property, respectively, is used exclusively for government services.

�� (b) Property described in paragraph (a) of this subsection that may be exempt from taxation as property used exclusively for low income rental housing includes, without limitation, property that:

�� (A) Is held under lease or a lease purchase agreement by an eligible Indian tribe;

�� (B)(i) Is the property of a partnership, nonprofit corporation or limited liability company of which an eligible Indian tribe is a general partner, limited partner, director, member, manager or general manager; and

�� (ii) Is leased or rented to low income persons for housing purposes; or

�� (C) Is used exclusively for an activity that qualifies as an affordable housing activity under 25 U.S.C. 4132.

�� (c) Property described in paragraph (a) of this subsection may not be exempt from taxation as property that is used exclusively for low income rental housing unless:

�� (A) All agreements necessary for the construction and operation of the property as low income rental housing are executed before July 1, 2017;

�� (B) For purposes of ORS 307.540 to 307.548, the requirements of ORS 307.543 have been satisfied;

�� (C) The property is offered for rent or is held for the purpose of developing low income rental housing;

�� (D) If occupied, the property is occupied solely by low income persons; and

�� (E) The property is located in a county in which more than 10 percent of the enrolled members of the eligible Indian tribe reside.

�� (4) As used in this section:

�� (a) �Eligible Indian tribe� means the Burns Paiute Tribe, the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians, the Confederated Tribes of the Grand Ronde Community of Oregon, the Confederated Tribes of Siletz Indians of Oregon, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of Warm Springs Reservation of Oregon, the Coquille Indian Tribe, the Cow Creek Band of Umpqua Tribe of Indians or the Klamath Tribes.

�� (b) �Government services� means services provided by an eligible Indian tribe that:

�� (A) Are equivalent to services that a state or local government or the federal government customarily provides to its citizens;

�� (B) Are related to:

�� (i) Tribal administration;

�� (ii) Tribal facilities or tribal health facilities;

�� (iii) Elementary or secondary education or higher education, including community colleges;

�� (iv) Transportation;

�� (v) Fire or police;

�� (vi) Low income rental housing;

�� (vii) Utility services provided to an Indian reservation or to land held in trust by the United States for the benefit of an eligible Indian tribe; or

�� (viii) Cemeteries; and

�� (C) Other than government services related to the uses of property described in subsection (3)(c) of this section, do not generate income.

�� (c) �Low income�:

�� (A) Means income at or below 60 percent of the area median income as determined by the Oregon Housing Stability Council based on information from the United States Department of Housing and Urban Development.

�� (B) For purposes of projects undertaken pursuant to the Native American Housing Assistance and Self-Determination Act of 1996 (P.L. 104-330), includes income that qualifies under 24 C.F.R. 5.609.

�� (d) �Permanent improvements� means �real property� as defined in ORS 307.010 (1)(b)(B).

�� (e) �Utility services� means services related to sanitation, sewer, storm drainage and water. [1993 c.266 �2; 1995 c.748 �3; 2001 c.753 �29; 2009 c.453 �1; 2012 c.42 ��1,5; 2015 c.65 ��1,2; 2015 c.180 ��42,43; 2024 c.52 �26a]

�� Note: Section 4, chapter 42, Oregon Laws 2012, provides:

�� Sec. 4. (1) On or before January 1 of each year, an eligible Indian tribe as defined in ORS 307.181 that is granted tax exemption for property, or a portion of property, used exclusively for low income rental housing under ORS 307.181 (3) shall submit a report to the Commission on Indian Services.

�� (2) The report required under subsection (1) of this section must include:

�� (a) For each property, or portion of property, the value of the property tax exemption granted under ORS 307.181 (3) for the current property tax year as provided to the tribe by the assessor of the county in which the property is located; and

�� (b) The percentage of the current occupants of each property who are members of an eligible Indian tribe as defined in ORS 307.181. [2012 c.42 �4]

(Recreation Facilities and Summer Homes on Federal Land)

�� 307.182 Federal land used by recreation facility operators under permit. Notwithstanding ORS 307.060, real property used and occupied by commercial recreation facility operators under permits issued pursuant to the Acts of June 4, 1897 (16 U.S.C. 551), and March 4, 1915 (16 U.S.C. 497), as amended, is exempt from ad valorem property taxation. This section does not apply to improvements on real property described in this section. [1981 c.405 �1; 2001 c.114 �12; 2013 c.343 �1]

�� Note: Section 4, chapter 405, Oregon Laws 1981, provides:

�� Sec. 4. ORS 307.182 applies to tax years beginning on or after July 1, 1981, and before July 1, 2030. [1981 c.405 �4; 1985 c.169 �1; 1995 c.748 �4; 2001 c.67 �4; 2001 c.114 �13; 2001 c.509 �8; 2013 c.343 �2; 2023 c.398 �4]

�� Note: 307.182 to 307.184 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 307 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 307.183 Summer homes on federal land occupied under permit. Notwithstanding ORS 307.060, there shall be exempt from property taxation real property of the United States used and occupied for summer homes under a permit issued pursuant to the Act of March 4, 1915, ch. 144 (16 U.S.C. 497), as amended, but improvements thereon are subject to taxation. [1975 c.649 �1]

�� Note: See second note under 307.182.

�� 307.184 Summer homes on federal land occupied under lease. Notwithstanding ORS 307.060, there shall be exempt from property taxation real property of the United States used and occupied for summer homes under a lease issued pursuant to the Act of June 1, 1938 (52 Stat. 609; 43 U.S.C. 682a), as amended, or Public Law 94-579, Title III, section 302, October 21, 1976, 90 Stat. 2762 (43 U.S.C. 1732), but improvements thereon are subject to taxation. [1979 c.422 �1]

�� Note: See second note under 307.182.

(Personal Property)

�� 307.190 Tangible personal property held for personal use; inapplicability to property required to be registered, floating homes, boathouses and manufactured structures. (1) All items of tangible personal property held by the owner, or for delivery by a vendor to the owner, for personal use, benefit or enjoyment, are exempt from taxation.

�� (2) The exemption provided in subsection (1) of this section does not apply to:

�� (a) Any tangible personal property held by the owner, wholly or partially for use or sale in the ordinary course of a trade or business, for the production of income, or solely for investment.

�� (b) Any tangible personal property required to be licensed or registered under the laws of this state.

�� (c) Floating homes or boathouses, as defined in ORS 830.700.

�� (d) Manufactured structures. [Amended by 1953 c.698 �7; 1969 c.648 �1; 1977 c.615 �2; 1985 c.614 �1; 1987 c.601 �5; 2003 c.655 �63; 2019 c.585 �21]

�� 307.193 [1969 c.605 �18; repealed by 1971 c.529 �37]

�� 307.195 Household furnishings owned by nonprofit organization furnishing housing for students attending institutions of higher education. All furniture, goods and furnishings owned by or situated in and used solely by a fraternity, sorority, student housing cooperative or student living organization is exempt from taxation if such fraternity, sorority, student housing cooperative or student living organization furnishes living quarters for students attending institutions of higher education and is not conducted for profit. [1957 c.631 �1]

�� 307.197 Equipment used for certain emergencies in navigable waters. Communications equipment, emergency response equipment and other tangible personal property is exempt from ad valorem property taxation if the equipment or property is:

�� (1) Acquired or used primarily for the purposes of responding to and maintaining the capability to respond to shipboard fires or oil spills in navigable waters;

�� (2) Owned by a nonprofit corporation organized under ORS chapter 65 that operates as a maritime fire and safety association; and

�� (3) Made available by the nonprofit corporation for use by a federal, state or local emergency response agency pursuant to a mutual aid compact. [2010 c.29 �3]

(Public Ways)

�� 307.200 Public ways. All lands within the boundary of any county road, and all dedicated streets and alleys in any incorporated or unincorporated city or town, or town plat, within this state, are exempt from assessment and taxation while used for such purposes.

(Mobile Home or Manufactured Dwelling Parks)

�� 307.203 Mobile home or manufactured dwelling parks financed by Housing and Community Services Department revenue bonds. Notwithstanding any other provision of law granting an exemption from property taxation, specific works or improvements to provide mobile home or manufactured dwelling parks as defined in ORS 446.003 that are financed from the proceeds of revenue bonds issued by the Housing and Community Services Department under ORS

ORS 316.221

316.221 and who has completed a withholding statement or an exemption certificate required by the provisions of ORS 316.162 to 316.221.

�� (f) A person installing plumbing in a structure that is exempt under ORS 455.312 (1).

�� (g) A person making plumbing installations, repairs or replacements in a recreational vehicle as defined in ORS 174.101.

�� (2) Subsection (1)(a) to (d) of this section does not allow a person other than a journeyman plumber or apprentice plumber to install, remodel or alter plumbing in a commercial or industrial building being constructed or offered for sale, exchange, rent or lease. As used in this subsection, �install, remodel or alter� means activities that involve installations or changes to the plumbing inside a wall, floor, crawl space or ceiling, or a change in the configuration of a plumbing system.

�� (3) This section applies to any person, including but not limited to individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, this state and any agencies thereof and the federal government and any agencies thereof.

�� (4) Except as provided in subsection (1)(d) of this section, nothing in this section exempts a person from the plumbing inspection requirements of ORS 447.010 to 447.156. [Amended by 1981 c.438 �11; 1985 c.590 �5; 1987 c.604 �16; 1993 c.293 �3; 2003 c.14 �437; 2005 c.310 �5; 2005 c.758 �42a; 2017 c.364 �10; 2019 c.134 �13; 2019 c.422 �24]

�� 693.025 Insurance required of certain providers of low-flow showerheads or faucet aerators; limitation on services; penalty. (1) A utility company, energy service provider or water supplier whose employees install low-flow showerheads or faucet aerators shall furnish evidence to the Department of Consumer and Business Services, in the form of a public liability policy issued by an insurance company qualified to do business in Oregon, that the company, provider or water supplier and its employees are protected against liability for injury or death to persons and loss of or damage to property resulting from the installation.

�� (2) A person who contracts with a utility company, energy service provider or water supplier to perform the functions described in subsection (1) of this section shall furnish evidence to the Department of Consumer and Business Services, in the form of a public liability policy issued by an insurance company qualified to do business in Oregon, that the contractor and its employees are protected against liability for injury or death to persons and loss of or damage to property resulting from the installation.

�� (3) The amount of the liability insurance required under subsections (1) and (2) of this section shall be in the amount of not less than $25,000 for bodily injury to one or more persons and not less than $25,000 for property damage.

�� (4) A person who performs, or who contracts to have performed, a service described in subsection (1) of this section may not perform any additional service for which a license is required under ORS chapter 693 unless the person is licensed under ORS chapter 693 to perform the additional service. A person not licensed under ORS chapter 693 who performs services that are not described in subsection (1) of this section for which a license is required under ORS chapter 693 is subject to civil penalty under ORS 693.992.

�� (5) Every utility company, energy service provider or water supplier shall include in any contract for the performance of a service described in subsection (1) of this section a statement that, under penalty of ORS 693.992, the contractor may not perform any service for which a license is required under ORS chapter 693, except installation of low-flow showerheads or faucet aerators, unless the contractor is licensed under ORS chapter 693 to perform that service. [1993 c.293 �1; 2001 c.411 �29; 2003 c.14 �438; 2005 c.758 �43]

�� Note: 693.025 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 693 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

LICENSES

�� 693.030 Journeyman plumber license requirement; prohibited acts by plumbing contractor. (1) A person may not engage in the trade of journeyman plumber without a journeyman plumber license issued under this chapter.

�� (2) A licensed plumbing contractor or a person required under ORS 447.010 to 447.156 to be licensed as a plumbing contractor may not:

�� (a) Permit or suffer any person to work as a journeyman plumber who does not hold a valid journeyman plumber license.

�� (b) Permit or suffer any person to work as an apprentice plumber who does not meet the requirements of ORS 660.002 to 660.210.

�� (c) Employ an apprentice plumber on any plumbing work, representing the apprentice plumber to be a journeyman plumber.

�� (d) Charge a journeyman plumber�s wage for services performed by an apprentice plumber. [Amended by 1981 c.438 �12; 1999 c.733 �1; 2005 c.758 �44; 2007 c.271 �12]

�� 693.040 Apprentices; authority to work. An apprentice plumber may work at the trade of plumbing if the apprentice works under the supervision of a licensed journeyman plumber. [Amended by 1981 c.438 �13; 1993 c.397 �2; 2005 c.758 �45]

�� 693.050 [Amended by 1969 c.540 �3; 1975 c.429 �14; 1977 c.873 �13; 1981 c.438 �14; 1987 c.414 �50a; 1993 c.744 �152; repealed by 2005 c.758 �56]

�� 693.060 Issuance of journeyman�s license. The State Plumbing Board shall issue a license to a person who:

�� (1) By the examination provided for by this chapter is shown to be fit, competent and qualified to engage in the trade of journeyman plumber;

�� (2) Complies with board rules adopted under ORS 455.117; and

�� (3) Pays the applicable application fee established by the board under ORS 693.135. [Amended by 1973 c.734 �5; 1981 c.438 �15; 2005 c.758 �46; 2007 c.271 �13]

�� 693.070 License number; issue and expiration dates. All licenses shall bear:

�� (1) The date of issue and date of expiration; and

�� (2) An identification number assigned by the State Plumbing Board. [Amended by 1975 c.429 �15; 1981 c.438 �16; 2005 c.758 �47]

�� 693.075 [1981 c.438 �23; repealed by 2005 c.758 �56]

�� 693.080 [Repealed by 1981 c.438 �46]

�� 693.090 [Amended by 1971 c.734 �152; 1981 c.438 �17; 1999 c.597 �2; repealed by 2005 c.758 �56]

�� 693.095 Supervising plumber license; rules. The State Plumbing Board may adopt rules that provide for the issuance of supervising plumber licenses to journeyman plumbers who:

�� (1) Demonstrate to the satisfaction of the board competency in the supervision of plumbing work and in the laws, rules, ordinances and practices relating to plumbing;

�� (2) Comply with board rules adopted under ORS 455.117; and

�� (3) Pay the applicable application fee established by the board under ORS 693.135. [1981 c.438 �22; 2005 c.758 �48; 2007 c.271 �14]

�� 693.100 [Amended by 1981 c.438 �18; repealed by 2005 c.758 �56]

�� 693.103 Limited specialty plumbers; rules; scope of license; water heater specialty. (1) The State Plumbing Board, by rule, may license limited specialty plumbers who:

�� (a) Demonstrate to the satisfaction of the board competency in the laws, rules, ordinances and practices relating to a plumbing specialty; and

�� (b) Pay the journeyman plumber application fee established by the board under ORS 693.135.

�� (2) A limited specialty plumber license authorizes a person to perform work in the specific branch of the plumbing trade for which the license is issued.

�� (3)(a) The board shall establish a limited specialty plumber license for persons licensed under ORS 479.630 (12) to install and replace residential water heaters in existing plumbing designed for that purpose if the installation or replacement does not require an alteration of the existing plumbing.

�� (b) Qualification for a limited specialty plumber license under this subsection shall include testing and a requirement for training.

�� (c) This subsection does not otherwise affect the ability of persons licensed under subsection (1) of this section to make connections to water systems. [1985 c.590 �4; 1993 c.477 �1; 1995 c.715 �6; 2005 c.758 �49; 2007 c.271 �15]

�� 693.105 Procedure for refusal, revocation or suspension of license; procedures for hearings, rules, orders and review. (1) Where the State Plumbing Board proposes to refuse to issue or renew any license under this chapter, or proposes to revoke or suspend any license, opportunity for hearing shall be accorded as provided in ORS chapter 183.

�� (2) Promulgation of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be in accordance with ORS chapter 183.

�� (3) Hearings under this section must be conducted by an administrative law judge assigned from the Office of Administrative Hearings established by ORS 183.605. [1971 c.734 �154; 1999 c.849 ��169,170; 2003 c.75 �60; 2005 c.758 �50]

�� 693.108 [1991 c.555 �2; repealed by 2005 c.758 �56]

�� 693.110 [Amended by 1971 c.753 �34; repealed by 1981 c.438 �46]

�� 693.111 Solar heating and cooling system installers; rules; fees. The State Plumbing Board, by rule, shall establish a solar heating and cooling system installer license. The board may impose appropriate fees for applications, examinations and issuance or renewal of an installer license. [2001 c.683 �23; 2005 c.758 �51]

�� Note: 693.111 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 693 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

STATE BOARD

�� 693.115 State Plumbing Board; membership; term; compensation and expenses. (1) The State Plumbing Board is established in the Department of Consumer and Business Services, consisting of seven members appointed by the Governor. The appointment of a member of the board is subject to confirmation by the Senate pursuant to section 4, Article III of the Oregon Constitution.

�� (2) The members of the board shall be as follows:

�� (a) One journeyman plumber with 10 or more years� experience in the trade or calling of journeyman plumber;

�� (b) One licensed plumbing contractor;

�� (c) One local plumbing inspector who is a journeyman plumber;

�� (d) One registered professional mechanical engineer;

�� (e) One officer or employee of the Oregon Health Authority;

�� (f) One plumbing equipment supplier who otherwise qualifies by experience in the industry or one building official; and

�� (g) One member of the general public.

�� (3) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor. A member is not eligible for appointment to more than two full terms of office. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

�� (4) A member of the board shall receive compensation and expenses as provided in ORS 292.495. [1981 c.438 ��4,5,9; 1987 c.414 �51; 1993 c.744 �153; 2003 c.14 �439; 2005 c.758 �52; 2009 c.595 �1111]

�� 693.120 Duties of board to examine applicants for journeyman plumber licenses. The State Plumbing Board shall examine all persons applying for journeyman plumber licenses for qualifications. The examination shall be in written form. [Amended by 1971 c.753 �35; 1981 c.438 �19; 2005 c.758 �53; 2007 c.271 �16]

�� 693.125 Officers; quorum. (1) The State Plumbing Board shall select one of its members as chairperson and another as vice chairperson, for terms and with duties and powers necessary for the performance of the functions of such offices as the board determines.

�� (2) A majority of the members of the board constitutes a quorum for the transaction of business. [1981 c.438 ��7,8; 2011 c.272 �24]

�� 693.130 [Amended by 1971 c.753 �36; repealed by 1981 c.438 �46]

�� 693.135 Fees; rules. The State Plumbing Board shall adopt rules establishing fees to be charged by and paid to the board. The following shall be the maximum fees established under this section:

�� (1) For an application for a journeyman plumber license, $100.

�� (2) For a journeyman plumber license renewal, $50 per year.

�� (3) For an application for a plumbing contractor license, $150.

�� (4) For a plumbing contractor license renewal, $150 per year.

�� (5) For an application for a supervising plumber license, $50.

�� (6) For a supervising plumber license renewal, $50 per year.

�� (7) For continuing education for renewing a license, $25 per year. [1981 c.438 �24; 1991 c.555 �3; 1993 c.397 �3; 2005 c.758 �54; 2007 c.271 �17]

�� 693.140 [Amended by 1969 c.314 �94; repealed by 1971 c.753 �74]

�� 693.150 [Repealed by 1971 c.753 �74]

�� 693.160 [1973 c.834 �44; repealed by 1981 c.438 �46]

�� 693.165 Disposition of receipts. All moneys received by the Department of Consumer and Business Services or the State Plumbing Board under ORS 447.010 to 447.156, 447.992 and 455.895 (1)(a) and this chapter shall be paid into the Consumer and Business Services Fund created by ORS 705.145. Such moneys shall be used only for the administration and enforcement of ORS 447.010 to 447.156 and 447.992 and this chapter. [1981 c.438 �26; 1993 c.744 �161; 2001 c.411 �30]

RECOVERY FOR SERVICES

�� 693.180 Denial of right to court action for unlicensed plumber or unqualified apprentice. A person who provides services connected with plumbing, as defined in ORS 447.010, may not bring or maintain an action in the courts of this state to recover for those services unless the person alleges and proves that, at the time the services were performed, the person performing the services either:

�� (1) Held a valid journeyman plumber license; or

�� (2) Was an apprentice plumber. [1981 c.438 �25; 1993 c.397 �4; 2005 c.758 �55]

�� 693.190 [1981 c.438 �27; 1991 c.734 �83; 1999 c.846 �4; repealed by 2001 c.411 �31]

�� 693.990 [Repealed by 1981 c.438 �46]

CIVIL PENALTIES

�� 693.992 Civil penalty for violations of chapter. The State Plumbing Board may impose a civil penalty for a violation of this chapter or rules adopted for the administration and enforcement of this chapter. The board shall impose a civil penalty authorized by this section as provided in ORS 455.895. [2001 c.411 �12]

�� 693.994 Civil penalty for violations of ORS 447.065 or 693.111. The State Plumbing Board may impose a civil penalty on a person who violates ORS 447.065 or 693.111 or a board rule adopted thereunder. A civil penalty may not exceed $5,000. The imposition of civil penalties under this section is subject to ORS chapter 183. [2001 c.683 �24]

�� Note: 693.994 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 693 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

ORS 328.210

328.210; or

�� (d) Using any other source of moneys. [2011 c.467 �3]

�� Note: See note under 470.800.

COMMUNITY RENEWABLE INVESTMENT PROGRAM

�� 470.825 Definitions for ORS 470.825 to 470.840. As used in ORS 470.825 to 470.840:

�� (1) �Community renewable energy project� means one or more renewable energy systems, storage systems, microgrids or energy-related infrastructures that promote energy resilience, increase renewable energy generation or renewable energy storage capacity and provide a direct benefit to a particular community in the form of increased community energy resilience, local jobs, economic development or direct energy costs savings to families and small businesses.

�� (2) �Community energy resilience� means the ability of a specific community to maintain the availability of energy needed to support the provision of energy-dependent critical public services to the community following nonroutine disruptions of severe impact or duration to the state�s broader energy systems.

�� (3) �Community energy resilience project� means a community renewable energy project that includes utilizing one or more renewable energy systems to support the energy resilience of structures or facilities that are essential to the public welfare.

�� (4) �Consumer-owned utility� means a municipal electricity utility, a people�s utility district organized under ORS chapter 261 that sells electricity or an electric cooperative organized under ORS chapter 62.

�� (5) �Electric cooperative organized under ORS chapter 62� includes an electric cooperative organized under ORS chapter 62 that is operating in this state and formed for one or both of the following purposes:

�� (a) To generate, purchase or obtain electric power, energy, transmission services or ancillary services; or

�� (b) To represent one or more consumer-owned utilities in meeting rural, environmental or renewable energy requirements and mandates.

�� (6) �Energy resilience� means the ability of energy systems, from production through delivery to end-users, to withstand and restore energy delivery rapidly following nonroutine disruptions of severe impact or duration.

�� (7) �Planning costs� means the costs related to planning paid by an applicant, or an applicant�s partner, described under ORS 470.830.

�� (8) �Project cost� means the actual cost of the acquisition, construction and installation of a renewable energy system incurred by an applicant, or an applicant�s partner, described under ORS 470.830 for the system, before considering utility incentives.

�� (9) �Public body� means a public body as defined in ORS 174.109.

�� (10) �Qualifying community� means a community that qualifies as an environmental justice community as defined in ORS 469A.400.

�� (11) �Renewable energy system� includes:

�� (a) A system that uses biomass, solar, geothermal, hydroelectric, wind, landfill gas, biogas or wave, tidal or ocean thermal energy technology to produce energy.

�� (b) One or more energy storage systems paired with an existing or newly constructed system described in paragraph (a) of this subsection.

�� (c) One or more vehicle charging stations paired with an existing or newly constructed system described in paragraph (a) of this subsection.

�� (d) Microgrid enabling technologies, including microgrid controllers and any other related technologies needed to electrically isolate a community energy resilience project from the electric grid so that the project is capable of operating independently from the electric grid. [2021 c.508 �29; 2024 c.51 �7]

�� Note: 470.825 to 470.845 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 470 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 470.830 Grants for community renewable energy projects; application; rules. (1) The Community Renewable Investment Program is established for the purpose of:

�� (a) Offsetting the cost of planning and developing community renewable energy projects;

�� (b) Making community renewable energy projects economically feasible for qualifying communities;

�� (c) Promoting small-scale renewable energy projects; and

�� (d) Providing direct benefits to communities across this state in the form of increased community energy resilience, local jobs, economic development or direct energy cost savings to families and small businesses.

�� (2)(a) A federally recognized Oregon Indian tribe, public body or consumer-owned utility may submit to the State Department of Energy an application for grant moneys from the Community Renewable Investment Fund established under ORS 470.845 for the purpose of planning or developing a community renewable energy project.

�� (b) An applicant may partner with a federally recognized Oregon Indian tribe, public body, nonprofit entity, private business with a business site in this state or owner of rental property in this state, but a grant for an approved application will only be awarded and released to an applicant that is a federally recognized Oregon Indian tribe, public body or consumer-owned utility. Any federally recognized Oregon Indian tribe, public body, nonprofit entity, private business or owner of rental property that partners with the applicant must be listed in the application.

�� (c) An application must be drafted in consultation with electric utilities that have customers in the communities covered by a community renewable energy project that is in the application and regional stakeholders for the purpose of ensuring feasibility.

�� (3) An application for a grant for planning a community renewable energy project must demonstrate that the planning:

�� (a) Is for a project located in this state but outside a city with a population of 500,000 or more;

�� (b) Will be completed within six months of execution of the performance agreement or a reasonable time frame if good cause to extend the deadline is demonstrated as determined by rule;

�� (c) Will result in a proposal for developing a community renewable energy project; and

�� (d) Incorporates feedback from:

�� (A) Members of qualifying communities served by the community renewable energy project;

�� (B) Businesses located in the communities served by the community renewable energy project;

�� (C) Electric utilities that have customers in the communities served by the community renewable energy project; and

�� (D) Other regional stakeholders.

�� (4)(a) An application for a grant for developing a community renewable energy project must be on a form prescribed by the department and contain:

�� (A) A detailed description of the project�s systems and the systems� operation;

�� (B) Information showing that the project�s systems will operate as represented in the application and, if the project is for producing electricity, remain in operation for at least five years or for at least a period of time established by the Director of the State Department of Energy by rule;

�� (C) The anticipated total project cost;

�� (D) Information on the number and types of jobs directly connected to the awarding of the grant that will be:

�� (i) Created by the project; and

�� (ii) Sustained throughout construction, installation and operation of the project;

�� (E) Information demonstrating that the project will comply with applicable state and local laws and regulations and obtain required licenses and permits;

�� (F) Information demonstrating that the project will be located in and benefit a community in this state but outside a city with a population of 500,000 or more; and

�� (G) Any other information the director considers necessary to determine whether the project is in compliance with ORS 470.825 to 470.840 and any applicable rules or standards adopted thereunder.

�� (b) An application for developing a community renewable energy project must demonstrate that the project:

�� (A) Is located in this state but outside a city with a population of 500,000 or more;

�� (B) Will begin construction within 12 months of execution of the performance agreement and be completed within 36 months of execution of the performance agreement or a reasonable time frame if good cause to extend the deadline is demonstrated as determined by rule;

�� (C) Results in increased community energy resilience, local jobs, economic development or direct energy cost savings to families and small businesses;

�� (D) Complies with applicable state and local laws and regulations and has the required licenses and permits;

�� (E) Does not exceed 20 megawatts of nameplate capacity, if the project is for generating renewable energy; and

�� (F) Will operate for at least five years, if the project is for producing electricity, or for at least a period of time established by the director by rule.

�� (5) Upon receipt of an application submitted under this section, the department shall review and determine whether the applicant is eligible to receive a grant from the Community Renewable Investment Program established under this section. The department may approve an application if the department finds that:

�� (a) The planning or development proposal meets the requirements listed in subsection (3) or (4) of this section;

�� (b) The proposal meets the standards described in subsection (10) of this section;

�� (c) The proposal meets any standards adopted by rule under subsection (11) of this section;

�� (d) The proposal is technically feasible; and

�� (e) Any federally recognized Oregon Indian tribe, public body, private business or owner of rental property partnered with the applicant is listed in the application.

�� (6)(a) The department shall issue separate opportunity announcements for each calendar interval that funding is available for the following categories:

�� (A) Planning a community renewable energy project that qualifies as a community energy resilience project;

�� (B) Developing a community renewable energy project that qualifies as a community energy resilience project;

�� (C) Planning a community renewable energy project that does not qualify as a community energy resilience project; and

�� (D) Developing a community renewable energy project that does not qualify as a community energy resilience project.

�� (b) Upon receiving an application, the director shall determine whether the application is for a community renewable energy project that qualifies as a community energy resilience project based on the definition of �community energy resilience project� in ORS 470.825 and any applicable rules adopted under this section.

�� (7)(a) The department shall allocate, out of the initial moneys appropriated for the Community Renewable Investment Program under section 34, chapter 508, Oregon Laws 2021:

�� (A) 50 percent or more for grants to be awarded for planning or developing community renewable energy projects that qualify as community energy resilience projects.

�� (B) 50 percent or more for grants to be awarded for planning or developing community renewable energy projects that primarily serve one or more qualifying communities.

�� (b) The department shall allocate, out of any subsequent and additional moneys appropriated to the Community Renewable Investment Program, percentage amounts for grants in a manner consistent with paragraph (a) of this subsection.

�� (c) After two years of issuing announcements of available funding opportunities from the initial moneys appropriated to the Community Renewable Investment Program and after consultation with the Advisory Committee on Community Renewable Investment described in ORS 470.840, the department may, by rule, reallocate the percentage of available funds across project categories.

�� (8) The department shall review and competitively score applications separately for each funding opportunity announcement.

�� (9) If the department approves an application under this section, the department and the applicant may enter into a performance agreement that meets the requirements set forth in ORS 470.835.

�� (10) In approving applications and awarding grant moneys, the department shall prioritize planning and development proposals that:

�� (a) Include community energy resilience projects.

�� (b) Demonstrate significant prior investments in energy efficiency measures at the project location or will result in aggregate improvements to demand response capabilities.

�� (c) Are for projects located in qualifying communities across the state.

�� (d) When applicable, are for projects constructed in part or in whole by disadvantaged business enterprises, emerging small businesses or businesses that are owned by minorities, women or disabled veterans.

�� (e) Include inclusive hiring and promotion policies for workers working on the projects.

�� (f) Incorporate equity metrics developed in coordination with the Environmental Justice Council established by ORS 182.538 for evaluating the involvement of and leadership by people of low income, Black, Indigenous or People of Color, members of tribal communities, people with disabilities, youth, people from rural communities and people from otherwise disadvantaged communities in the siting, planning, designing or evaluating of the proposed community renewable energy projects.

�� (g) Help the applicants achieve goals included in the applicants� natural hazard mitigation plans as approved by the Federal Emergency Management Agency.

�� (11) The department shall adopt rules, in consultation with Business Oregon, to carry out ORS 470.825 to 470.840. The rules must:

�� (a) Define the planning and project costs eligible to be covered by a grant provided under ORS

ORS 456.599

456.599 and 469.631 to 469.687 shall be known as the Oregon Residential Energy Conservation Act. [1981 c.778 �1; 2003 c.46 �52]

ENERGY CONSERVATION PROGRAMS

(Single Family Residence)

�� 469.700 Energy efficiency ratings; public information; �single family residence� defined. (1) The Residential and Manufactured Structures Board or the Construction Industry Energy Board, after public hearing and subject to the approval of the Director of the Department of Consumer and Business Services, shall adopt a recommended voluntary energy efficiency rating system for single family residences and provide the State Department of Energy with a copy thereof.

�� (2) The rating system shall provide a single numerical value or other simple concise means to measure the energy efficiency of any single family residence, taking into account factors including, but not limited to, the heat loss characteristics of ceilings, walls, floors, windows, doors and heating ducts.

�� (3) Upon adoption of the rating system under subsections (1) and (2) of this section, the department shall publicize the availability of the system, and encourage its voluntary use in real estate transactions.

�� (4) As used in subsections (1) to (3) of this section, �single family residence� means a structure designed as a residence for one family and sharing no common wall with another residence of any type. [1977 c.413 ��1,2,3; 1993 c.744 �113; 2003 c.675 �44; 2009 c.567 ��9,22]

(Home Energy Performance Score System)

�� 469.703 Home energy performance score system; home energy assessors; reports; database; rules. (1) As used in this section:

�� (a) �Home energy assessor� has the meaning given that term in ORS 701.527.

�� (b) �Home energy audit� means the evaluation or testing of components or systems in a residential building for the purpose of identifying options for increasing energy conservation and energy efficiency.

�� (c) �Home energy performance score� has the meaning given that term in ORS 701.527.

�� (2) In consultation with the Public Utility Commission, the State Department of Energy shall adopt by rule a home energy performance score system by which a person may assign a residential building a home energy performance score for the purpose of evaluating the energy conservation and energy efficiency of the building.

�� (3) The department shall designate by rule programs for the training of home energy assessors. Programs designated by the department under this subsection must ensure competency in conducting home energy audits and assigning home energy performance scores.

�� (4) Subject to subsection (5) of this section, the department may adopt by rule requirements under which home energy assessors who are certified under ORS 701.532 must report to the department the home energy performance scores assigned by the home energy assessors. The department shall keep and maintain a database of information reported to the department under this subsection.

�� (5) Rules adopted under subsection (4) of this section may not allow for the reporting of individual addresses of residential structures or the names of individual homeowners, but may allow for the reporting of information regarding the jurisdiction in which a residential structure is located and the utility services provided, any specific energy efficiency features of the residential structure or other general information that allows the department to make any aggregated evaluations of savings attributable to energy efficiency. [2013 c.383 �12]

�� Note: 469.703 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.

(Low Interest Loans)

�� 469.710 Definitions for ORS 469.710 to 469.720. As used in ORS 469.710 to 469.720, unless the context requires otherwise:

�� (1) �Annual rate� means the yearly interest rate specified on the note, and is not the annual percentage rate, if any, disclosed to the applicant to comply with the federal Truth in Lending Act.

�� (2) �Commercial lending institution� means any bank, mortgage banking company, trust company, savings bank, savings and loan association, credit union, national banking association, federal savings and loan association or federal credit union maintaining an office in this state.

�� (3) �Cost-effective� means that an energy conservation measure that provides or saves a specific amount of energy during its life cycle results in the lowest present value of delivered energy costs of any available alternative. However, the present value of the delivered energy costs of an energy conservation measure may not be treated as greater than that of a nonconservation energy resource or facility unless that cost is greater than 110 percent of the present value of the delivered energy cost of the nonconservation energy resource or facility.

�� (4) �Dwelling� means real or personal property within the state inhabited as the principal residence of a dwelling owner or a tenant. �Dwelling� includes a manufactured dwelling as defined in ORS 446.003, a floating home as defined in ORS 830.700 and a single unit in multiple-unit residential housing. �Dwelling� does not include a recreational vehicle as defined in ORS 174.101.

�� (5) �Dwelling owner� means the person who has legal title to a dwelling, including the mortgagor under a duly recorded mortgage of real property, the trustor under a duly recorded deed of trust or a purchaser under a duly recorded contract for purchase of real property.

�� (6) �Energy audit� means:

�� (a) The measurement and analysis of the heat loss and energy utilization efficiency of a dwelling;

�� (b) An analysis of the energy savings and dollar savings potential that would result from providing energy conservation measures for the dwelling;

�� (c) An estimate of the cost of the energy conservation measures that includes:

�� (A) Labor for the installation of items designed to improve the space heating and energy utilization efficiency of the dwelling; and

�� (B) The items installed; and

�� (d) A preliminary assessment, including feasibility and a range of costs, of the potential and opportunity for installation of:

�� (A) Passive solar space heating and solar domestic water heating in the dwelling; and

�� (B) Solar swimming pool heating, if applicable.

�� (7) �Energy conservation measures� means measures that include the installation of items and the items installed that are primarily designed to improve the space heating and energy utilization efficiency of a dwelling. These items include, but are not limited to, caulking, weatherstripping and other infiltration preventative materials, ceiling and wall insulation, crawl space insulation, vapor barrier materials, timed thermostats, insulation of heating ducts, hot water pipes and water heaters in unheated spaces, storm doors and windows, double glazed windows and dehumidifiers. �Energy conservation measures� does not include the dwelling owner�s own labor.

�� (8) �Finance charge� means the total of all interest, loan fees and other charges related to the cost of obtaining credit and includes any interest on any loan fees financed by the lending institution.

�� (9) �Fuel oil dealer� means a person, association, corporation or any other form of organization that supplies fuel oil at retail for the space heating of dwellings.

�� (10) �Residential fuel oil customer� means a dwelling owner or tenant who is billed by a fuel oil dealer for fuel oil service for space heating received at the dwelling.

�� (11) �Space heating� means the heating of living space within a dwelling.

�� (12) �Wood heating resident� means a person whose primary space heating is provided by the combustion of wood. [1981 c.894 �22; 1987 c.749 �5; 1989 c.648 �69; 2005 c.22 �342; 2019 c.422 �36]

�� 469.715 Low interest loans for cost-effective energy conservation; rate. (1) Dwelling owners who are or who rent to residential fuel oil customers, or who are or who rent to wood heating residents, shall be eligible for low-interest loans for cost-effective energy conservation measures through commercial lending institutions.

�� (2) The annual rate shall not exceed six and one-half percent annually for loans provided by commercial lending institutions to dwelling owners who are or who rent to residential fuel oil customers, or who are or who rent to wood heating residents for the purpose of financing energy conservation measures pursuant to ORS 469.710 to 469.720. [1981 c.894 ��23,24; 1987 c.749 �6]

�� 469.717 When installation to be completed. (1) Installation of the energy conservation measures must be completed within 90 days after receipt of loan funds. The State Department of Energy may provide an inspection at the owner�s request.

�� (2) Notwithstanding the provisions of subsection (1) of this section, the department may inspect installation of energy conservation measures to verify that all loan or other state subsidy funds have been used for energy conservation measures recommended in the audit, that installation has been performed in a workmanlike manner and that materials used satisfy prevailing industry standards. If requested to do so by the department, the dwelling owner shall provide the department with copies of receipts and any other documents verifying the cost of energy conservation measures. [1987 c.749 �3]

�� 469.719 Eligibility of lender for tax credit not affected by owner�s failure. Eligibility of the lender for any tax credit under ORS 317.112 shall not be affected by any dwelling owner�s failure to use the loan for qualifying energy conservation measures. [1987 c.749 �4]

�� 469.720 Energy audit required; permission to inspect required; owner not to receive other incentives. (1) A dwelling owner who is or who rents to a residential fuel oil customer, or who is or who rents to a wood heating resident, may not apply for low-interest financing under ORS 469.710 to 469.720 unless:

�� (a) The dwelling owner, customer or resident has first requested and obtained an energy audit from a fuel oil dealer, a publicly owned utility or an investor-owned utility or from a person under contract with the State Department of Energy under ORS

ORS 468A.992

468A.992 is exempt from ad valorem property taxation. [2001 c.753 �18]

�� 307.394 Farm machinery and equipment and related property used or held for use for agricultural, horticultural or animal husbandry purposes; exclusion of land and buildings. (1) The following property is exempt from ad valorem property taxation:

�� (a) Farm machinery and equipment used or held for use primarily in the preparation of land or the planting, raising, cultivating, irrigating, harvesting or placing in storage of farm crops;

�� (b) Farm machinery and equipment used or held for use primarily for the purpose of:

�� (A) Feeding or breeding livestock, poultry, fur-bearing animals or bees;

�� (B) The management and sale of livestock, poultry, fur-bearing animals or bees or their produce; or

�� (C) Dairying and the sale of dairy products;

�� (c) Machinery and equipment used or held for use primarily to implement a remediation plan as defined in ORS 308A.053 for the period of time for which the remediation plan is certified; or

�� (d) Farm machinery and equipment used or held for use primarily in any other agricultural or horticultural use or animal husbandry or any combination of these activities.

�� (2)(a) Items of property, including tools and machinery and equipment that are used or held for use primarily in the construction, reconstruction, maintenance, repair, support or operation of farm machinery, and equipment and other real or personal farm improvements that are used or held for use primarily in animal husbandry, agricultural or horticultural activities, or any combination of these activities, are exempt from ad valorem property taxation.

�� (b) An item of property described in paragraph (a) of this subsection is exempt from ad valorem property taxation only if the person that owns, possesses or controls the item also:

�� (A) Owns, possesses or controls the farm machinery, equipment and other real and personal farm improvements for which the item is used or held for use; and

�� (B) Carries on the animal husbandry, agricultural or horticultural activity, or combination of activities, in which the farm machinery, equipment or other real and personal farm improvements are used or held for use.

�� (c) This subsection does not apply to land or buildings. [2001 c.753 �15; 2009 c.776 �8; 2024 c.83 �1]

�� 307.395 [1971 c.141 ��1,2; 1983 c.740 �87; repealed by 1991 c.459 �81]

�� 307.397 Certain machinery and equipment used in agricultural, aquacultural or fresh shell egg industry operations. (1) The following items of real property machinery and equipment or tangible personal property are exempt from ad valorem property taxation:

�� (a) Frost control systems used in agricultural or horticultural activities carried on by the farmer;

�� (b) Trellises used for hops, beans or fruit or for other agricultural or horticultural purposes;

�� (c) Hop harvesting equipment, including but not limited to hop pickers;

�� (d) Oyster racks, trays, stakes and other in-water structures used to raise bivalve mollusks; or

�� (e) Equipment used for the fresh shell egg industry that is directly related and reasonably necessary to produce, prepare, package and ship fresh shell eggs from the place of origin to market, whether bolted to the floor, wired or plumbed to interconnected equipment, including but not limited to grain bins, conveyors for transporting grain, grain grinding machinery, feed storage hoppers, cages, egg collection conveyors and equipment for washing, drying, candling, grading, packaging and shipping fresh shell eggs.

�� (2) A real property building, structure or improvement is exempt from ad valorem property taxation if it:

�� (a) Is used primarily to grow plants for agricultural or horticultural production;

�� (b) Is covered with polyethylene, fiberglass, corrugated polycarbonate acrylic or any other transparent or translucent material designed primarily to allow passage of solar heat and light; and

�� (c) Does not have a permanent heat source other than radiant heating provided by direct sunlight. [2001 c.753 �16; 2009 c.776 �11]

�� 307.398 Irrigation equipment. (1) Center pivots, wheel lines or movable set lines are exempt from ad valorem property taxation.

�� (2) As used in this section:

�� (a) �Center pivot� means a piece of self-propelled machinery that rotates around a riser for the purpose of sprinkling a circular tract of land. �Center pivot� includes all of the component parts of the center pivot irrigation system that are ordinarily located above the ground on the land to be irrigated and that can be disconnected from the riser and moved to another point. A center pivot constitutes personal property.

�� (b) �Center pivot irrigation system� means an irrigation system that uses pumping stations and pipelines to convey water from its source to a riser to which a center pivot may be connected and used for sprinkling.

�� (c) �Riser� means a pipe located in the field to be irrigated that rises vertically through the surface of the ground. [2001 c.753 �17]

(Inventory)

�� 307.400 Inventory. Items of tangible personal property consisting of inventory, including but not limited to materials, supplies, containers, goods in process, finished goods and other personal property owned by or in possession of the taxpayer, that are or will become part of the stock in trade of the taxpayer held for sale in the ordinary course of business, are exempt from ad valorem property taxation. [Formerly

ORS 469.040

469.040.

�� (11) �Electric utility� means persons, regulated electrical companies, people�s utility districts, joint operating agencies, electric cooperatives, municipalities or any combination thereof, engaged in or authorized to engage in the business of generating, supplying, transmitting or distributing electric energy.

�� (12)(a) �Energy facility� means any of the following:

�� (A) An electric power generating plant with a nominal electric generating capacity of 25 megawatts or more, including but not limited to:

�� (i) Thermal power;

�� (ii) Combustion turbine power plant; or

�� (iii) Solar thermal power plant.

�� (B) A nuclear installation as defined in this section.

�� (C) A high voltage transmission line of more than 10 miles in length with a capacity of 230,000 volts or more to be constructed in more than one city or county in this state, but excluding:

�� (i) Lines proposed for construction entirely within 500 feet of an existing corridor occupied by high voltage transmission lines with a capacity of 230,000 volts or more;

�� (ii) Lines of 57,000 volts or more that are rebuilt and upgraded to 230,000 volts along the same right of way; and

�� (iii) Associated transmission lines.

�� (D) A solar photovoltaic power generation facility using more than:

�� (i) 240 acres located on high-value farmland as defined in ORS 195.300;

�� (ii) 2,560 acres located on land that is predominantly cultivated or that, if not cultivated, is predominantly composed of soils that are in capability classes I to IV, as specified by the National Cooperative Soil Survey operated by the Natural Resources Conservation Service of the United States Department of Agriculture; or

�� (iii) 3,840 acres located on any other land.

�� (E) A pipeline that is:

�� (i) At least six inches in diameter, and five or more miles in length, used for the transportation of crude petroleum or a derivative thereof, liquefied natural gas, a geothermal energy form in a liquid state or other fossil energy resource, excluding a pipeline conveying natural or synthetic gas;

�� (ii) At least 16 inches in diameter, and five or more miles in length, used for the transportation of natural or synthetic gas, but excluding:

�� (I) A pipeline proposed for construction of which less than five miles of the pipeline is more than 50 feet from a public road, as defined in ORS 368.001; or

�� (II) A parallel or upgraded pipeline up to 24 inches in diameter that is constructed within the same right of way as an existing 16-inch or larger pipeline that has a site certificate, if all studies and necessary mitigation conducted for the existing site certificate meet or are updated to meet current site certificate standards; or

�� (iii) At least 16 inches in diameter and five or more miles in length used to carry a geothermal energy form in a gaseous state but excluding a pipeline used to distribute heat within a geothermal heating district established under ORS chapter 523.

�� (F) A synthetic fuel plant which converts a natural resource including, but not limited to, coal or oil to a gas, liquid or solid product intended to be used as a fuel and capable of being burned to produce the equivalent of two billion Btu of heat a day.

�� (G) A plant which converts biomass to a gas, liquid or solid product, or combination of such products, intended to be used as a fuel and if any one of such products is capable of being burned to produce the equivalent of six billion Btu of heat a day.

�� (H) A storage facility for liquefied natural gas constructed after September 29, 1991, that is designed to hold at least 70,000 gallons.

�� (I) A surface facility related to an underground gas storage reservoir that, at design injection or withdrawal rates, will receive or deliver more than 50 million cubic feet of natural or synthetic gas per day, or require more than 4,000 horsepower of natural gas compression to operate, but excluding:

�� (i) The underground storage reservoir;

�� (ii) The injection, withdrawal or monitoring wells and individual wellhead equipment; and

�� (iii) An underground gas storage reservoir into which gas is injected solely for testing or reservoir maintenance purposes or to facilitate the secondary recovery of oil or other hydrocarbons.

�� (J) An electric power generating plant with an average electric generating capacity of 50 megawatts or more if the power is produced from geothermal energy at a single energy facility or within a single energy generation area.

�� (K) An electric power generating plant with an average electric generating capacity of 100 megawatts or more if the power is produced from wind energy at a single energy facility or within a single energy generation area.

�� (b) �Energy facility� does not include a hydroelectric facility or an energy facility under paragraph (a)(A)(iii) or (D) of this subsection that is established on the site of a decommissioned United States Air Force facility that has adequate transmission capacity to serve the energy facility.

�� (13) �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 35 megawatts average electric generating capacity 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.

�� (14) �Extraordinary nuclear occurrence� means any event causing a discharge or dispersal of source material, special nuclear material or by-product material as those terms are defined in ORS 453.605, from its intended place of confinement off-site, or causing radiation levels off-site, that the United States Nuclear Regulatory Commission or its successor determines to be substantial and to have resulted in or to be likely to result in substantial damages to persons or property off-site.

�� (15) �Facility� means an energy facility together with any related or supporting facilities.

�� (16) �Geothermal reservoir� means an aquifer or aquifers containing a common geothermal fluid.

�� (17) �Local government� means a city or county.

�� (18) �Nominal electric generating capacity� means the maximum net electric power output of an energy facility based on the average temperature, barometric pressure and relative humidity at the site during the times of the year when the facility is intended to operate.

�� (19) �Nuclear incident� means any occurrence, including an extraordinary nuclear occurrence, that results in bodily injury, sickness, disease, death, loss of or damage to property or loss of use of property due to the radioactive, toxic, explosive or other hazardous properties of source material, special nuclear material or by-product material as those terms are defined in ORS 453.605.

�� (20) �Nuclear installation� means any power reactor, nuclear fuel fabrication plant, nuclear fuel reprocessing plant, waste disposal facility for radioactive waste, and any facility handling that quantity of fissionable materials sufficient to form a critical mass. �Nuclear installation� does not include any such facilities that are part of a thermal power plant.

�� (21) �Nuclear power plant� means an electrical or any other facility using nuclear energy with a nominal electric generating capacity of 25 megawatts or more, for generation and distribution of electricity, and associated transmission lines.

�� (22) �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.

�� (23) �Project order� means the order, including any amendments, issued by the State Department of Energy under ORS 469.330.

�� (24)(a) �Radioactive waste� includes all material which is discarded, unwanted or has no present lawful economic use, and contains mined or refined naturally occurring isotopes, accelerator produced isotopes and by-product material, source material or special nuclear material as those terms are defined in ORS 453.605.

�� (b) �Radioactive waste� does not include:

�� (A) Materials identified by the council by rule as presenting no significant danger to the public health and safety.

�� (B) Uranium mine overburden or uranium mill tailings, mill wastes or mill by-product materials as those terms are defined in Title 42, United States Code, section 2014, on June 25, 1979.

�� (25) �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 structures, 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.

�� (26) �Site� means any proposed location of an energy facility and related or supporting facilities.

�� (27) �Site certificate� means the binding agreement between the State of Oregon and the applicant, authorizing the applicant to construct and operate a facility on an approved site, incorporating all conditions imposed by the council on the applicant.

�� (28) �Thermal power plant� means an electrical facility using any source of thermal energy with a nominal electric generating capacity of 25 megawatts or more, for generation and distribution of electricity, and associated transmission lines, including but not limited to a nuclear-fueled, geothermal-fueled or fossil-fueled power plant, but not including a portable power plant the principal use of which is to supply power in emergencies. �Thermal power plant� includes a nuclear-fueled thermal power plant that has ceased to operate.

�� (29) �Transportation� means the transport within the borders of the State of Oregon of radioactive material destined for or derived from any location.

�� (30) �Underground gas storage reservoir� means any subsurface sand, strata, formation, aquifer, cavern or void, whether natural or artificially created, suitable for the injection, storage and withdrawal of natural gas or other gaseous substances. �Underground gas storage reservoir� includes a pool as defined in ORS 520.005.

�� (31) �Utility� includes:

�� (a) A person, 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.

�� (32) �Waste disposal facility� means a geographical site in or upon which radioactive waste is held or placed but does not include a site at which radioactive waste used or generated pursuant to a license granted under ORS 453.635 is stored temporarily, a site of a thermal power plant used for the temporary storage of radioactive waste from that plant for which a site certificate has been issued pursuant to this chapter or a site used for temporary storage of radioactive waste from a reactor operated by a college, university or graduate center for research purposes and not connected to the Northwest Power Grid. As used in this subsection, �temporary storage� includes storage of radioactive waste on the site of a nuclear-fueled thermal power plant for which a site certificate has been issued until a permanent storage site is available by the federal government. [Formerly 453.305; 1977 c.796 �1; 1979 c.283 �1; 1981 c.587 �1; 1981 c.629 �2; 1981 c.707 �1; 1981 c.866 �1; 1991 c.480 �4; 1993 c.544 �3; 1993 c.569 �3; 1995 c.505 �6; 1995 c.551 �10; 1997 c.606 �1; 1999 c.365 �5; 2001 c.134 �2; 2001 c.683 �6; 2003 c.186 �28; 2013 c.320 �1; 2019 c.650 �1; 2021 c.38 �1; 2023 c.336 �3; 2024 c.25 �1; 2025 c.162 �1]

�� 469.310 Policy. In the interests of the public health and the welfare of the people of this state, it is the declared public policy of this state that the siting, construction and operation of energy facilities shall be accomplished in a manner consistent with protection of the public health and safety and in compliance with the energy policy and air, water, solid waste, land use and other environmental protection policies of this state. It is, therefore, the purpose of ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992 to exercise the jurisdiction of the State of Oregon to the maximum extent permitted by the United States Constitution and to establish in cooperation with the federal government a comprehensive system for the siting, monitoring and regulating of the location, construction and operation of all energy facilities in this state. It is furthermore the policy of this state, notwithstanding ORS 469.010 (2)(f) and the definition of cost-effective in ORS 469.020, that the need for new generating facilities, as defined in ORS 469.503, is sufficiently addressed by reliance on competition in the market rather than by consideration of cost-effectiveness and shall not be a matter requiring determination by the Energy Facility Siting Council in the siting of a generating facility, as defined in ORS 469.503. [Formerly 453.315; 1997 c.428 �1; 2003 c.186 �29]

(Siting)

�� 469.320 Site certificate required; exceptions. (1) Except as provided in subsections (2) and (5) of this section, no facility shall be constructed or expanded unless a site certificate has been issued for the site thereof in the manner provided in ORS 469.300 to 469.563, 469.590 to

ORS 469.233

469.233, the Director of the State Department of Energy may adopt rules to update the minimum energy efficiency standards specified in ORS 469.233 if the director determines that the standards need to be updated:

�� (A) To promote energy conservation in the state;

�� (B) To achieve cost-effectiveness for consumers; or

�� (C) Due to federal action or to the outcome of collaborative consultations with manufacturers and the energy departments of other states.

�� (b)(A) In addition to the rules adopted under paragraph (a) of this subsection, the director may postpone by rule the operative date of any of the minimum energy efficiency standards specified in ORS 469.233 if the director determines that:

�� (i) Adjoining states with similar minimum energy efficiency standards have postponed the operative date of their corresponding minimum energy efficiency standards; or

�� (ii) Failure to modify the operative date of any of the minimum energy efficiency standards would impose a substantial hardship on manufacturers, retailers or the public.

�� (B)(i) The director may not postpone the operative date of a minimum energy efficiency standard under subparagraph (A) of this paragraph for more than one year.

�� (ii) If at the end of the first postponement period the director determines that adjoining states have further postponed the operative date of minimum energy efficiency standards and the requirements of subparagraph (A) of this paragraph continue to be met, the director may postpone the operative date for not more than one additional year.

�� (c) After the review pursuant to subsection (1) of this section, the director may adopt rules to establish new minimum energy efficiency standards if the director determines that new standards are needed:

�� (A) To promote energy conservation in the state;

�� (B) To achieve cost-effectiveness for consumers; or

�� (C) Due to federal action or to the outcome of collaborative consultations with manufacturers and the energy departments of other states.

�� (d) If the director adopts rules under paragraph (a) of this subsection to update the minimum energy efficiency standards specified in ORS 469.233 or under paragraph (c) of this subsection to establish new minimum energy efficiency standards:

�� (A) The rules may not take effect until one year following their adoption by the director; and

�� (B) The Governor shall cause to be introduced at the next Legislative Assembly a bill to conform the statutory minimum energy efficiency standards to the minimum energy efficiency standards adopted by the director by rule.

�� (3) Notwithstanding ORS 469.229 and 469.233 and the requirements of subsection (2) of this section, and after consultation with the appropriate advisory boards to the Department of Consumer and Business Services, the director may adopt rules to update the minimum energy efficiency standards or test methods specified in ORS 469.233 to a more recent version, including any product definitions associated with the standard or test method, if the director determines that the standard or test method needs to be updated to maintain or improve consistency with other comparable standards in other states. Rules adopted under this subsection shall take effect on or after the effective date of a similar standard or test method adopted by another state.

�� (4) If the director determines that implementation of a state minimum energy efficiency standard requires a waiver of federal preemption, the director shall apply for a waiver of federal preemption pursuant to 42 U.S.C. 6297(d). [2005 c.437 �8; 2007 c.375 �7; 2007 c.649 �6a; 2021 c.108 �6]

�� Note: See note under 469.229.

�� 469.262 [1989 c.926 �24; repealed by 1999 c.880 �2]

�� 469.267 [1989 c.926 �26; 1993 c.617 �9; repealed by 1999 c.880 �2]

�� 469.269 [1989 c.926 �27; 1993 c.617 �10; repealed by 1999 c.880 �2]

�� 469.270 [1989 c.926 �28; 1991 c.67 �139; repealed by 1993 c.617 �29]

�� 469.274 [1989 c.926 ��31,32; 1991 c.641 �7; 1993 c.617 �11; repealed by 1999 c.880 �2]

ENERGY PERFORMANCE STANDARDS FOR COVERED COMMERCIAL BUILDINGS

�� 469.275 Definitions for ORS 469.275 to 469.291. As used in ORS 469.275 to 469.291:

�� (1)(a) �Agricultural building� means a structure that is used for:

�� (A) Storing, maintaining or repairing farm or forestry machinery and equipment;

�� (B) Raising, harvesting and selling crops or forest products;

�� (C) Feeding, breeding, managing and selling livestock, poultry, fur-bearing animals or honeybees or the produce of livestock, poultry, fur-bearing animals or honeybees;

�� (D) Dairying and selling dairy products; or

�� (E) Any other agricultural, forestry or horticultural use or animal husbandry, or any combination of agricultural, horticultural or animal husbandry uses, including preparing and storing produce raised on the farm for human use and animal use, preparing, processing and storing agricultural and forestry products and goods and disposing, by marketing or otherwise, of farm produce or forest products.

�� (b) �Agricultural building� does not include:

�� (A) A dwelling;

�� (B) A structure used for a purpose other than growing plants in which 10 or more persons are present at any one time;

�� (C) A structure regulated by the State Fire Marshal pursuant to ORS chapter 476;

�� (D) A structure used by the public; or

�� (E) A structure that is subject to the National Flood Insurance Act of 1968 (42 U.S.C 4001 to 4127), as amended, and regulations promulgated under that Act.

�� (2) �Conditional compliance� means a temporary method that a building owner can use to demonstrate that the building owner has implemented required energy use reduction strategies when the building owner cannot demonstrate full compliance with a required energy use intensity target.

�� (3) �Covered commercial building� means a tier 1 building or a tier 2 building.

�� (4) �Eligible building owner� means:

�� (a) An owner of a tier 1 building that must comply with the standard established in ORS 469.277; or

�� (b) An owner of a tier 2 building.

�� (5) �Energy� means:

�� (a) Electricity, including electricity that is delivered through the electric grid and electricity that is generated at a building site using solar or wind energy resources;

�� (b) Natural gas;

�� (c) Steam, hot water or chilled water used for heating or cooling;

�� (d) Propane;

�� (e) Fuel oil;

�� (f) Wood;

�� (g) Coal; or

�� (h) Any other fuel that meets a covered commercial building�s energy load.

�� (6) �Energy use intensity� means a measurement that weather normalizes a building�s site energy use relative to the building�s size, calculated by dividing the total net energy the building consumes in one year by the building�s gross floor area, excluding any parking garage, and that is reported in thousands of British thermal units per square foot per year.

�� (7) �Energy use intensity target� means a net energy use intensity that complies with the standard set forth in ORS 469.277.

�� (8) �Greenhouse gas� has the meaning given that term in ORS 468A.210.

�� (9)(a) �Gross floor area� means the total number of square feet of a building, measured from the exterior surfaces of a building�s fixed enclosing walls, including all floor space used as offices, lobbies, restrooms, equipment storage areas, mechanical rooms, break rooms and elevator shafts.

�� (b) �Gross floor area� does not include bays or docks outside the building.

�� (10) �Net energy use� means the sum of metered and bulk fuel energy that enters a building, minus the sum of metered energy that leaves the building.

�� (11) �Savings to investment ratio� means the ratio of the total present value of savings to the total present value of costs to implement an energy conservation measure or water conservation measure, in which the numerator of the ratio is the present value of net savings in energy or water or in maintenance costs not related to fuel use or water use that are attributable to the energy conservation measure or water conservation measure and the denominator of the ratio is the present value of the net increase in investment and replacement costs, less the salvage value, of the energy conservation or water conservation measure.

�� (12) �Semiheated space� means an enclosed space within a covered commercial building that is heated by a heating system with an output the Department of Consumer and Business Services specifies in an applicable specialty code.

�� (13) �Tier 1 building� means a building in which the sum of gross floor area for hotel, motel and nonresidential use equals or exceeds 35,000 square feet, excluding any parking garage.

�� (14)(a) �Tier 2 building� means:

�� (A) A building with gross floor area, excluding any parking garage, that equals or exceeds 35,000 square feet and that is used as a multifamily residential building, a hospital, a school, a dormitory or a university building; or

�� (B) A building in which the sum of gross floor area for hotel, motel and nonresidential use exceeds 20,000 square feet but does not exceed 35,000 square feet, excluding any parking garage.

�� (b) �Tier 2 building� does not include a covered commercial building that is classified as a tier 1 building.

�� (15) �Unconditioned space� means an enclosed space within a covered commercial building that is not:

�� (a) Heated by a heating system or cooled by a cooling system with output capacities the Department of Consumer and Business Services specifies in an applicable specialty code; or

�� (b) Indirectly heated or cooled in accordance with standards the department specifies in an applicable specialty code.

�� (16) �Weather normalized� means a method for modifying a building�s energy use intensity in a specific year to account for deviations from the building�s energy use intensity as the energy use intensity ordinarily occurs during a year in which the weather does not fluctuate substantially or vary as a consequence of extreme weather events. [2023 c.442 �8]

�� Note: 469.275 to 469.291 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.

�� 469.276 [1989 c.926 �33; repealed by 1999 c.880 �2]

�� 469.277 Department adoption of performance standards; enforcement; rules. (1)(a) Not later than December 31, 2024, the State Department of Energy, in consultation with the Department of Consumer and Business Services, shall adopt rules that use the American National Standards Institute�s standards for Energy Efficiency in Existing Buildings (ANSI/ASHRAE/IES Standard 100) as an initial model for specifying an energy performance standard for covered commercial buildings. In rulemaking proceedings to adopt or update rules under this paragraph, the State Department of Energy shall disclose the sources of information, including the model described in this paragraph and any peer-reviewed science, that the department relies on in developing or updating the energy performance standard. The department shall update the energy performance standard not later than July 1, 2029, and by the same month and day in each successive period of five years.

�� (b) The energy performance standard described in paragraph (a) of this subsection must:

�� (A) Comply with the requirements of ORS 469.275 to 469.279;

�� (B) Seek to maximize reductions in greenhouse gas emissions from covered commercial buildings;

�� (C) Include energy use intensity targets that apply to specific types of buildings; and

�� (D) Provide for methods to achieve conditional compliance with an applicable energy use intensity target, which must, at a minimum, require:

�� (i) Preparing an energy management plan;

�� (ii) Developing a program for building operations and maintenance that aims at achieving the applicable energy use intensity target;

�� (iii) Making investments in energy use efficiency measures that aim at achieving the applicable energy use intensity target; and

�� (iv) Submitting to energy use audits, which may be based upon or linked to ASHRAE Standard 211 audits.

�� (c) Adoption of the energy performance standard described in paragraph (a) of this subsection does not change eligibility criteria for, or benefits or incentives available under, other programs for energy efficiency demand response.

�� (2)(a) In adopting the energy performance standard described in subsection (1) of this section, the department:

�� (A) Shall:

�� (i) Develop energy use intensity targets that are not more stringent than the average energy use intensity for each covered commercial building occupancy classification, adjusting as necessary for a covered commercial building�s unique energy-using features;

�� (ii) Consider, for the purpose of establishing energy use intensity targets, regional and local data that identifies building energy use, such as existing benchmarking data from the Energy Star program established under 42 U.S.C. 6294a;

�� (iii) Consider, for the purpose of establishing the energy performance standard, federal and local programs that relate to energy efficiency standards, aligning where possible requirements under the energy performance standard to avoid duplicative work by regulators and eligible building owners;

�� (iv) Develop energy use intensity targets for two or more climate zones that represent energy use in a year with normal weather;

�� (v) Develop energy use intensity targets that exclude energy delivered through electric vehicle supply equipment; and

�� (vi) Adopt a conditional compliance method that:

�� (I) Requires eligible building owners of covered commercial buildings that do not meet an energy use intensity target to take action to reduce energy use; and

�� (II) Specifies investment criteria that meet the requirements set forth in paragraph (b) of this subsection and that ensure progress toward meeting the energy use intensity target; and

�� (B) May:

�� (i) Consider building occupancy classifications set forth in ANSI/ASHRAE/IES Standard 100 and the United States Environmental Protection Agency�s Energy Star portfolio manager;

�� (ii) Base energy use intensity targets for recently constructed covered commercial buildings on statewide energy codes that were in effect at the time the covered commercial building was constructed; and

�� (iii) Require utilities, eligible building owners and other entities to aggregate data for covered commercial buildings that have multiple meters and to report or, as appropriate, provide the aggregated data for reports under ORS 469.279.

�� (b)(A) Investment criteria the department specifies as part of a conditional compliance method under paragraph (a) of this subsection must:

�� (i) Ensure that an eligible building owner meets the covered commercial building�s energy use intensity target by implementing energy efficiency measures identified in energy use audits; and

�� (ii) Except as provided in subparagraph (B) of this paragraph, require an eligible building owner to implement an optimized bundle of energy efficiency measures that provide maximum energy savings without resulting in a savings to investment ratio of less than 1.0 or require the eligible building owner to achieve the energy use intensity target by means of an implementation plan that:

�� (I) Is based on an energy use audit and life-cycle cost analysis from ANSI/ASHRAE/IES Standard 211 that accounts for the period during which a bundle of energy efficiency measures provide savings;

�� (II) Reflects the eligible building owner�s net costs of implementing energy efficiency measures, excluding any costs that utility or government grants cover;

�� (III) Allows an exclusion of energy efficiency measures that do not pay back the cost of the energy efficiency measure over the useful life of the energy efficiency measure;

�� (IV) Allows an exclusion of energy efficiency measures that are excluded under subparagraph (B) of this paragraph; and

�� (V) Allows for phased implementation in which an eligible building owner need not replace a system or equipment before the useful life of the system or equipment ends.

�� (B) An eligible building owner need not meet an energy efficiency requirement that would compromise the historical integrity of a covered commercial building or part of a covered commercial building that:

�� (i) Is listed on a state or national register of historic places;

�� (ii) Is designated as an historic property under a state or local statute, ordinance, rule or other legislative act or a survey conducted under a statute, ordinance, rule or other legislative act;

�� (iii) Is certified as a contributing resource within a historic district that is listed on a national register or is locally designated as a historic district; or

�� (iv) A state historic preservation officer or the keeper of the national register of historic places has determined in an opinion or certification is eligible to be listed on the national or state register of historic places either as an individual building or as a building that contributes to a historic district.

�� (3) The department shall create a database of eligible building owners and covered commercial buildings that are subject to the requirements of ORS 469.275 to

ORS 469.500

469.500 and 469.510)]

�� 469.501 Energy facility siting, construction, operation and retirement standards; exemptions; rules. (1) The Energy Facility Siting Council shall adopt standards for the siting, construction, operation and retirement of facilities. The standards may address but need not be limited to the following subjects:

�� (a) The organizational, managerial and technical expertise of the applicant to construct and operate the proposed facility.

�� (b) Seismic hazards.

�� (c) Areas designated for protection by the state or federal government, including but not limited to monuments, wilderness areas, wildlife refuges, scenic waterways and similar areas.

�� (d) The financial ability and qualifications of the applicant.

�� (e) Effects of the facility, taking into account mitigation, on fish and wildlife, including threatened and endangered fish, wildlife or plant species.

�� (f) Impacts of the facility on historic, cultural or archaeological resources listed on, or determined by the State Historic Preservation Officer to be eligible for listing on, the National Register of Historic Places or the Oregon State Register of Historic Properties.

�� (g) Protection of public health and safety, including necessary safety devices and procedures.

�� (h) The accumulation, storage, disposal and transportation of nuclear waste.

�� (i) Impacts of the facility on recreation, scenic and aesthetic values.

�� (j) Reduction of solid waste and wastewater generation to the extent reasonably practicable.

�� (k) Ability of the communities in the affected area to provide sewers and sewage treatment, water, storm water drainage, solid waste management, housing, traffic safety, police and fire protection, health care and schools.

�� (L) The need for proposed nongenerating facilities as defined in ORS 469.503, consistent with the state energy policy set forth in ORS 469.010 and 469.310. The council may consider least-cost plans when adopting a need standard or in determining whether an applicable need standard has been met. The council shall not adopt a standard requiring a showing of need or cost-effectiveness for generating facilities as defined in ORS 469.503.

�� (m) Compliance with the statewide planning goals adopted by the Land Conservation and Development Commission as specified by ORS 469.503.

�� (n) Soil protection.

�� (o) For energy facilities that emit carbon dioxide, the impacts of those emissions on climate change. For fossil-fueled power plants, as defined in ORS 469.503, the council shall apply a standard as provided for by ORS 469.503 (2).

�� (2) The council may adopt exemptions from any need standard adopted under subsection (1)(L) of this section if the exemption is consistent with the state�s energy policy set forth in ORS 469.010 and 469.310.

�� (3)(a) The council may issue a site certificate for a facility that does not meet one or more of the applicable standards adopted under subsection (1) of this section if the council determines that the overall public benefits of the facility outweigh any adverse effects on a resource or interest protected by the applicable standards the facility does not meet.

�� (b) The council by rule shall specify the criteria by which the council makes the determination described in paragraph (a) of this subsection.

�� (4) Notwithstanding subsection (1) of this section, the council may not impose any standard developed under subsection (1)(b), (f), (j) or (k) of this section to approve or deny an application for an energy facility producing power from wind, solar or geothermal energy. However, the council may, to the extent it determines appropriate, apply any standards adopted under subsection (1)(b), (f), (j) or (k) of this section to impose conditions on any site certificate issued for any energy facility. [1993 c.569 �22 (469.501, 469.503, 469.505 and

ORS 469.633

469.633; and

�� (2) Any bad debts, including casualty losses, attributable to dwelling owner default on a loan for energy conservation measures. [1981 c.778 �8]

�� 469.645 Implementation of program by investor-owned utility. After the Public Utility Commission has approved the residential energy conservation program of an investor-owned utility required by ORS 469.633, the investor-owned utility promptly shall implement that program. [1981 c.778 �9]

(Publicly Owned Utilities)

�� 469.649 Definitions for ORS 469.649 to 469.659. As used in ORS 469.649 to 469.659:

�� (1) �Cash payment� means a payment made by the publicly owned utility to the dwelling owner or to the contractor on behalf of the dwelling owner for energy conservation measures.

�� (3) �Cost-effective� means that an energy conservation measure that provides or saves a specific amount of energy during its life cycle results in the lowest present value of delivered energy costs of any available alternative. However, the present value of the delivered energy costs of an energy conservation measure shall not be treated as greater than that of a nonconservation energy resource or facility unless that cost is greater than 110 percent of the present value of the delivered energy cost of the nonconservation energy resource or facility.

�� (5) �Dwelling owner� means the person:

�� (a) Who has legal title to a dwelling, including the mortgagor under a duly recorded mortgage of real property, the trustor under a duly recorded deed of trust or a purchaser under a duly recorded contract for the purchase of real property; and

�� (b) Whose dwelling receives space heating from the publicly owned utility.

�� (6) �Energy audit� means:

�� (a) The measurement and analysis of the heat loss and energy utilization efficiency of a dwelling;

�� (b) An analysis of the energy savings and dollar savings potential that would result from providing energy conservation measures for the dwelling;

�� (c) An estimate of the cost of the energy conservation measures that includes:

�� (A) Labor for the installation of items designed to improve the space heating and energy utilization efficiency of the dwelling; and

�� (B) The items installed; and

�� (d) A preliminary assessment, including feasibility and a range of costs, of the potential and opportunity for installation of:

�� (A) Passive solar space heating and solar domestic water heating in the dwelling; and

�� (B) Solar swimming pool heating, if applicable.

�� (7) �Energy conservation measures� means measures that include the installation of items and the items installed to improve the space heating and energy utilization efficiency of a dwelling. These items include, but are not limited to, caulking, weatherstripping and other infiltration preventative materials, ceiling and wall insulation, crawl space insulation, vapor barrier materials, timed thermostats, insulation of heating ducts, hot water pipes and water heaters in unheated spaces, storm doors and windows, double glazed windows and dehumidifiers. �Energy conservation measures� does not include the dwelling owner�s own labor.

�� (8) �Publicly owned utility� means a utility that:

�� (a) Is owned or operated in whole or in part, by a municipality, cooperative association or people�s utility district; and

�� (b) Distributes electricity.

�� (9) �Residential customer� means a dwelling owner or tenant who is billed by a publicly owned utility for electric service received at the dwelling.

�� (10) �Space heating� means the heating of living space within a dwelling.

�� (11) �Tenant� means a tenant as defined in ORS 90.100 or any other tenant. [1981 c.778 �10; 1989 c.648 �67; 1995 c.551 �14; 2003 c.186 �42; 2019 c.422 �35]

�� 469.651 Publicly owned utility program. Within 30 days after November 1, 1981, each publicly owned utility shall submit to the Director of the State Department of Energy a residential energy conservation program that:

�� (1) Makes available to all residential customers of the utility information about:

�� (a) Energy conservation measures; and

�� (b) Energy conservation measure financing available to dwelling owners.

�� (2) Provides within 60 days of a request by a residential customer of the publicly owned utility or a dwelling owner, assistance and technical advice concerning various methods of saving energy in that customer�s or dwelling owner�s dwelling including, but not limited to, an energy audit of the customer�s or dwelling owner�s dwelling.

�� (3) Provides financing for cost-effective energy conservation measures at the request of a dwelling owner who occupies the dwelling as a residential customer or rents the dwelling to a tenant who is a residential customer. The financing program shall give the dwelling owner a choice between a cash payment and a loan. The dwelling owner may not receive both a cash payment and a loan. Completion of an energy audit of the dwelling offered under the program required by this section or described in ORS 469.685 shall be a condition of eligibility for either a cash payment or a loan. The financing program shall provide:

�� (a) The following minimum levels of assistance:

�� (A) A loan for a dwelling owner with approved credit upon the following terms:

�� (i) A principal amount of up to $4,000; or

�� (ii) An interest rate that does not exceed six and one-half percent annually; and

�� (iii) A reasonable repayment period that does not exceed 10 years; and

�� (B) A cash payment to a dwelling owner eligible under ORS 469.657 for the lesser of:

�� (i) Twenty-five percent of the cost of the energy conservation measures provided in the dwelling; or

�� (ii) $350;

�� (b) That an otherwise eligible dwelling owner may obtain up to $4,000 in loans or $350 in cash payments for each dwelling;

�� (c) That there may be up to $4,000 in loans or $350 in cash payments for each dwelling;

�� (d) That a change in ownership of a dwelling shall not prevent the new dwelling owner from obtaining a loan or a cash payment for energy conservation measures for the newly acquired dwelling under circumstances including, but not necessarily limited to, when:

�� (A) The new dwelling owner chooses the same financing option chosen by the previous dwelling owner who obtained financing under ORS 469.649 to 469.659; and

�� (B) The amount of the financing is within the limit for that dwelling prescribed in paragraph (c) of this subsection;

�� (e) If the publicly owned utility so determines, that energy conservation measures for any of the following building and improvement activities may not be financed under the financing program:

�� (A) Construction of a new dwelling; or

�� (B) If the construction increases or otherwise changes the living space in the dwelling:

�� (i) An addition or substantial alteration; or

�� (ii) Remodeling; and

�� (f) If the publicly owned utility so determines, that no cash payment shall be allowed or paid for the cost of energy conservation measures provided more than one year before the date of the application for payment.

�� (4) Provides for verification through a reasonable number of inspections that energy conservation measures financed by the publicly owned utility are installed. The verification provisions of the residential energy conservation program shall further provide that:

�� (a) An installation shall be performed in such a workmanlike manner and with such materials as to satisfy prevailing industry standards; and

�� (b) The publicly owned utility shall provide a post-installation inspection upon the dwelling owner�s request.

�� (5) Provides, upon the dwelling owner�s request, information relevant to the specific site of a dwelling with access to:

�� (a) Water resources that have hydroelectric potential;

�� (b) Wind, which means the natural movement of air at an annual average speed of at least eight miles an hour; or

�� (c) A resource area known to have geothermal space-heating potential.

�� (6) Provides that the publicly owned utility will mail to a dwelling owner an offer to provide energy conservation measures in accordance with ORS 469.649 to 469.659 when a tenant who is the residential customer:

�� (a) Requests that the offer be mailed to the dwelling owner; and

�� (b) Furnishes the dwelling owner�s name and address with the request. [1981 c.778 �11]

�� 469.652 Contributions for urban and community forest activities by customers of publicly owned utilities; rules; uses. (1) Publicly owned utilities may establish a system to allow customers of publicly owned utilities to voluntarily contribute an amount that is to be used for urban and community forest activities within the area served by the utility. The amount shall be in addition to the customer�s utility bill.

�� (2) The utility shall pay to the State Forester the amount designated under subsection (1) of this section. The State Forester shall deposit the moneys collected under this section into the Urban and Community Forestry Subaccount established under ORS

ORS 469.900

469.900.

�� (d) �Electric utility� means a public utility, as defined in ORS 757.005, which produces, transmits, delivers or furnishes electric power and is regulated by the commission under ORS chapter 757.

�� (e) �Energy conservation measure� means a measure primarily designed to improve the efficiency of energy use in a commercial building. �Energy conservation measures� include, but are not limited to, improved operation and maintenance measures, energy use analysis procedures, lighting system improvements, heating, ventilating and air conditioning system modifications, furnace and boiler efficiency improvements, automatic control systems including wide dead band thermostats, heat recovery devices, infiltration controls, envelope weatherization, solar water heaters and water heating heat pumps.

�� (2) As used in ORS 469.865 and 469.900 (2), �gas utility� means a public utility, as defined in ORS 757.005, which delivers or furnishes natural gas to customers for heat, light or power.

�� (3) As used in ORS 469.880 to 469.895 and 469.900 (3):

�� (a) �Commercial building� means a public building as defined in ORS 455.560.

�� (b) �Conservation services� has the meaning given in subsection (1) of this section.

�� (c) �Energy conservation measure� has the meaning given in subsection (1) of this section.

�� (d) �Publicly owned utility� means an electric utility owned or operated, in whole or in part, by a municipality, cooperative association or people�s utility district. [1981 c.708 ��1,7,13]

�� Note: 469.860 (1) and (2) and 469.863 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.

�� 469.863 Gas utility to adopt commercial energy audit program; rules. (1) Within 365 days after November 1, 1981, the Public Utility Commission shall adopt rules governing energy conservation programs provided by gas utilities under this section and may provide for coordination among electric utilities and gas utilities that serve the same commercial building.

�� (2) Within 180 days after the effective date of the rules adopted by the commission under subsection (1) of this section, each gas utility shall present for the commission�s approval a commercial energy audit program which shall, to the commission�s satisfaction:

�� (a) Make information about energy conservation measures available to any commercial building customer of the gas utility, upon request;

�� (b) Regularly notify all customers in commercial buildings of the availability of the services described in this section;

�� (c) Provide to any commercial building customer of the gas utility, upon request, an on-site energy audit of the customer�s commercial building, including, but not limited to, an estimate of the cost of the recommended energy conservation measure; and

�� (d) Set a reasonable time schedule for effective implementation of the elements set forth in this section. [1981 c.708 �8]

�� Note: See note under 469.860.

�� 469.865 Electric utility to adopt commercial energy conservation services program. (1) Within 180 days after the adoption of the rules by the Public Utility Commission under section 2, chapter 708, Oregon Laws 1981, each electric utility shall present for the commission�s approval a commercial energy conservation services program which shall, to the commission�s satisfaction:

�� (a) Make information about energy conservation available to any commercial building customer of the electric utility, upon request;

�� (b) Regularly notify all customers in commercial buildings of the availability of the services described in this section; and

�� (c) Provide to any commercial building customer of the electric utility, upon request, an on-site energy audit of the customer�s commercial building, including, but not limited to, an estimate of the cost of the energy conservation measures.

�� (2) The programs submitted and approved under this section shall include a reasonable time schedule for effective implementation of the elements set forth in subsection (1) of this section in the service areas of the electric utility. [1981 c.708 �3]

�� 469.870 Application of ORS 469.865, 469.870 and 469.900 (1) to electric utility. ORS 469.865, 469.900 (1) and this section shall not apply to an electric utility if the Public Utility Commission determines that its existing commercial energy conservation services program meets or exceeds the requirements of those sections. [1981 c.708 �4]

�� 469.875 Fee for gas utility audit. The Public Utility Commission shall determine whether the gas utility may charge a reasonable fee to the customer for the energy audit service and, if so, the fee amount. [1981 c.708 �9]

�� 469.878 [1991 c.711 �6; 1993 c.18 �123; 1995 c.746 �18a; 1999 c.623 �8; 1999 c.765 �6; renumbered 469B.171 in 2011]

�� 469.880 Energy audit program; rules. Each publicly owned utility serving Oregon shall, either independently or as part of an association, provide an energy audit program for its commercial customers. The Director of the State Department of Energy shall adopt rules governing the commercial energy audit program established under this section and may provide for coordination among electric utilities and gas utilities that serve the same commercial building. [1981 c.708 �14; 1987 c.158 �100; 2003 c.186 �49]

�� 469.885 Publicly owned utility to adopt commercial energy audit program; fee. (1) Within 180 days after the adoption of rules by the Director of the State Department of Energy under ORS

ORS 469A.052

469A.052 (3); and

�� (e) Does not qualify as high-value farmland under any other provision of law.

�� (3) When evaluating an application to establish a photovoltaic solar power generation facility under this section, a county:

�� (a) Shall apply the criteria and standards applicable to agricultural land adopted under a statewide land use planning goal relating to agricultural lands; and

�� (b) May not apply the criteria and standards applicable to high-value farmland adopted under a statewide land use planning goal relating to agricultural lands.

�� (4) A county is not required to adopt an exception under ORS 197.732 to a statewide land use planning goal relating to agricultural land to authorize the establishment of a photovoltaic solar power generation facility under this section.

�� (5) A photovoltaic solar power generation facility established under this section is a commercial utility facility under ORS 215.213 (2) or 215.283 (2) if the facility generates power for public use by sale. [2017 c.504 �2]

�� 215.448 Home occupations; parking; where allowed; conditions. (1) The governing body of a county or its designate may allow, subject to the approval of the governing body or its designate, the establishment of a home occupation and the parking of vehicles in any zone. However, in an exclusive farm use zone, forest zone or a mixed farm and forest zone that allows residential uses, the following standards apply to the home occupation:

�� (a) It shall be operated by a resident or employee of a resident of the property on which the business is located;

�� (b) It shall employ on the site no more than five full-time or part-time persons;

�� (c) It shall be operated substantially in:

�� (A) The dwelling; or

�� (B) Other buildings normally associated with uses permitted in the zone in which the property is located; and

�� (d) It shall not unreasonably interfere with other uses permitted in the zone in which the property is located.

�� (2) The governing body of the county or its designate may establish additional reasonable conditions of approval for the establishment of a home occupation under subsection (1) of this section.

�� (3) Nothing in this section authorizes the governing body or its designate to permit construction of any structure that would not otherwise be allowed in the zone in which the home occupation is to be established.

�� (4) The existence of home occupations shall not be used as justification for a zone change. [1983 c.743 �2; 1995 c.465 �1]

�� 215.449 Farm brewery; conditions; permissible uses; reporting. (1) As used in this section:

�� (a) �Agri-tourism or other commercial events� includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of malt beverages produced in conjunction with the farm brewery is a secondary purpose of the event.

�� (b) �Brewer� means a person who makes malt beverages.

�� (c) �Farm brewery� means a facility, located on or contiguous to a hop farm, used primarily for the commercial production, shipping and distribution, wholesale or retail sales, or tasting of malt beverages made with ingredients grown on the hop farm.

�� (d) �Hop farm� means a tract of land planted with hops.

�� (e) �Malt beverage� has the meaning given that term in ORS 471.001.

�� (f) �On-site retail sale� includes the retail sale of malt beverages in person at the farm brewery site, through a club or over the Internet or telephone.

�� (2)(a) A farm brewery may be established as a permitted use on land zoned for exclusive farm use under ORS 215.213 (1)(bb) and 215.283 (1)(z) or on land zoned for mixed farm and forest use if the farm brewery:

�� (A) Produces less than 150,000 barrels of malt beverages annually, inclusive of malt beverages produced by the farm brewery�s owners or operators at the farm brewery or elsewhere, through any entity owned or affiliated with the farm brewery;

�� (B) Produces less than 15,000 barrels of malt beverages annually on the farm brewery site; and

�� (C)(i) Owns an on-site hop farm of at least 15 acres;

�� (ii) Owns a contiguous hop farm of at least 15 acres;

�� (iii) Has a long-term contract for the purchase of all of the hops from at least 15 acres of a hop farm contiguous to the farm brewery; or

�� (iv) Obtains hops from a total of 15 acres from any combination of sources described in sub-subparagraph (i), (ii) or (iii) of this subparagraph.

�� (b) For purposes of this subsection, land planted with other ingredients used in malt beverages produced by the farm brewery counts towards the acreage minimums.

�� (3) In addition to any other activities authorized for a farm brewery, a farm brewery established under this section may:

�� (a) Market malt beverages produced in conjunction with the farm brewery.

�� (b) Conduct operations that are directly related to the sale or marketing of malt beverages produced in conjunction with the farm brewery, including:

�� (A) Malt beverage tastings in a tasting room or other location on the premises occupied by the farm brewery;

�� (B) Malt beverage club activities;

�� (C) Brewer luncheons and dinners;

�� (D) Farm brewery and hop farm tours;

�� (E) Meetings or business activities with farm brewery suppliers, distributors, wholesale customers and malt beverage industry members;

�� (F) Farm brewery staff activities;

�� (G) Open house promotions of malt beverages produced in conjunction with the farm brewery; and

�� (H) Similar activities conducted for the primary purpose of promoting malt beverages produced in conjunction with the farm brewery.

�� (c) Market and sell items directly related to the sale or promotion of malt beverages produced in conjunction with the farm brewery, the marketing and sale of which is incidental to on-site retail sale of malt beverages, including food and beverages:

�� (A) Required to be made available in conjunction with the consumption of malt beverages on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or

�� (B) Served in conjunction with an activity authorized by paragraph (b), (d) or (e) of this subsection.

�� (d) Subject to subsections (6) to (9) of this section, carry out agri-tourism or other commercial events on the tract occupied by the farm brewery.

�� (e) Host charitable activities for which the farm brewery does not charge a facility rental fee.

�� (f) Site a bed and breakfast as a home occupation on the same tract as, and in association with, the farm brewery.

�� (4) A farm brewery may include on-site kitchen facilities licensed by the Oregon Health Authority under ORS 624.010 to 624.121 for the preparation of food and beverages described in subsection (3)(c) of this section. Food and beverage services authorized under subsection (3)(c) of this section may not utilize menu options or meal services that cause the kitchen facilities to function as a cafe or other dining establishment open to the public.

�� (5)(a) The gross income of the farm brewery from the sale of incidental items or services provided pursuant to subsection (3)(c) to (e) of this section may not exceed 25 percent of the gross income from the on-site retail sale of malt beverages produced in conjunction with the farm brewery. The gross income of a farm brewery does not include income received by third parties unaffiliated with the farm brewery.

�� (b) At the request of a local government with land use jurisdiction over the site of a farm brewery, the farm brewery shall submit to the local government a written statement prepared by a certified public accountant that certifies the compliance of the farm brewery with this subsection for the previous tax year.

�� (6) Except as provided by subsections (7) and (8) of this section, a farm brewery may carry out agri-tourism or other commercial events described in subsection (3)(d) of this section for up to 18 days per calendar year.

�� (7) A farm brewery in the Willamette Valley may carry out agri-tourism or other commercial events as provided in subsection (6) of this section, provided:

�� (a) Events on the first six days of the 18-day limit per calendar year are authorized by the local government through the issuance of a renewable multiyear license that:

�� (A) Has a term of five years; and

�� (B) Is subject to an administrative review to determine necessary conditions pursuant to subsection (8) of this section.

�� (b) The local government�s decision on a license under paragraph (a) of this subsection is not:

�� (A) A land use decision, as defined in ORS 197.015, and is not subject to review by the Land Use Board of Appeals.

�� (B) A permit, as defined in ORS 215.402 or 227.160.

�� (c) Events on days seven through 18 of the 18-day limit per calendar year are authorized by the local government through the issuance of a renewable multiyear permit that:

�� (A) Has a term of five years;

�� (B) Is subject to an administrative review to determine necessary conditions pursuant to subsection (8) of this section; and

�� (C) Is subject to notice as specified in ORS 215.416 (11) or 227.175 (10).

�� (d) The local government�s decision on a permit under paragraph (c) of this subsection is:

�� (A) A land use decision, as defined in ORS 197.015, and is subject to review by the Land Use Board of Appeals.

�� (B) A permit, as defined in ORS 215.402 or 227.160.

�� (8)(a) A local government with land use jurisdiction over the site of a farm brewery shall ensure that agri-tourism or other commercial events occurring as described in subsection (3)(d) of this section are subordinate to the production and sale of malt beverages and do not create significant adverse impacts to uses on surrounding land.

�� (b) A local government may impose conditions on a license or permit issued pursuant to subsection (7) of this section as necessary to meet the requirements of paragraph (a) of this subsection. The conditions must be related to:

�� (A) The number of event attendees;

�� (B) The hours of event operation;

�� (C) Access and parking;

�� (D) Traffic management;

�� (E) Noise management; and

�� (F) Sanitation and solid waste.

�� (9) A local government may charge a fee for processing a license or permit under subsections (6) and (7) of this section. The fee may not exceed the actual or average cost of providing the applicable licensing or permitting service.

�� (10) When a bed and breakfast facility is sited as a home occupation on the same tract as a farm brewery as described in subsection (3)(f) of this section:

�� (a) The bed and breakfast facility may prepare and serve two meals per day to the registered guests of the bed and breakfast facility; and

�� (b) The meals may be served at the bed and breakfast facility or at the farm brewery.

�� (11) A farm brewery operating under this section shall provide parking for all activities or uses of the tract on which the farm brewery is situated.

�� (12) A local government with land use jurisdiction over the site of a farm brewery shall ensure that the farm brewery complies with:

�� (a) Local criteria regarding floodplains, geologic hazards, the Willamette River Greenway, solar access and airport safety;

�� (b) Regulations of general applicability for the public health and safety; and

�� (c) Regulations for resource protection acknowledged to comply with any statewide goal relating to open spaces, scenic and historic areas and natural resources.

�� (13)(a) For the purpose of limiting demonstrated conflicts with accepted farm and forest practices on adjacent lands, a local government with land use jurisdiction over the site of a farm brewery shall:

�� (A) Except as provided in paragraph (b) of this subsection, establish a setback of at least 100 feet from all property lines for the farm brewery and all public gathering places; and

�� (B) Require farm breweries to provide direct road access and internal circulation for the farm brewery and all public gathering places.

�� (b) A local government may allow a setback of less than 100 feet by granting a farm brewery an adjustment or variance to the requirement described in paragraph (a)(A) of this subsection. [2019 c.244 �2]

�� 215.450 [1955 c.682 �4; repealed by 1971 c.13 �1]

�� 215.451 Cider business; conditions; permissible uses; reporting. (1) As used in this section:

�� (a) �Agri-tourism or other commercial events� includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of cider produced in conjunction with the cider business is a secondary purpose of the event.

�� (b)(A) �Cider� means an alcoholic beverage made from the fermentation of the juice of apples or pears.

�� (B) �Cider� includes but is not limited to flavored cider, sparkling cider and carbonated cider.

�� (c) �Cider business� means a facility used primarily for the commercial production, shipping and distribution, wholesale or retail sales, tasting, crushing, making, blending, storage, bottling, administrative functions or warehousing of cider.

�� (d) �Cidermaker� means a person who makes cider.

�� (e) �On-site retail sale� includes the retail sale of cider in person at the cider business site, through a cider club or over the Internet or telephone.

�� (f) �Orchard� means a piece of land planted with apple or pear trees.

�� (2) A cider business may be established as a permitted use on land zoned for exclusive farm use under ORS 215.213 (1)(aa) and 215.283 (1)(y) or on land zoned for mixed farm and forest use if the cider business produces:

�� (a) Less than 100,000 gallons of cider annually and the cider business:

�� (A) Owns an on-site orchard of at least 15 acres;

�� (B) Owns a contiguous orchard of at least 15 acres;

�� (C) Has a long-term contract for the purchase of all of the apples or pears from at least 15 acres of an orchard contiguous to the cider business; or

�� (D) Obtains apples or pears from any combination of subparagraph (A), (B) or (C) of this paragraph; or

�� (b) At least 100,000 gallons of cider annually and the cider business:

�� (A) Owns an on-site orchard of at least 40 acres;

�� (B) Owns a contiguous orchard of at least 40 acres;

�� (C) Has a long-term contract for the purchase of all of the apples or pears from at least 40 acres of an orchard contiguous to the cider business;

�� (D) Owns an on-site orchard of at least 15 acres on a tract of at least 40 acres and owns at least 40 additional acres of orchards in Oregon that are located within 15 miles of the cider business site; or

�� (E) Obtains apples or pears from any combination of subparagraph (A), (B), (C) or (D) of this paragraph.

�� (3) In addition to any other activities authorized for a cider business, a cider business established under this section may:

�� (a) Market cider produced in conjunction with the cider business.

�� (b) Conduct operations that are directly related to the sale or marketing of cider produced in conjunction with the cider business, including:

�� (A) Cider tastings in a tasting room or other location on the premises occupied by the cider business;

�� (B) Cider club activities;

�� (C) Cidermaker luncheons and dinners;

�� (D) Cider business and orchard tours;

�� (E) Meetings or business activities with cider business suppliers, distributors, wholesale customers and cider industry members;

�� (F) Cider business staff activities;

�� (G) Open house promotions of cider produced in conjunction with the cider business; and

�� (H) Similar activities conducted for the primary purpose of promoting cider produced in conjunction with the cider business.

�� (c) Market and sell items directly related to the sale or promotion of cider produced in conjunction with the cider business, the marketing and sale of which is incidental to on-site retail sale of cider, including food and beverages:

�� (A) Required to be made available in conjunction with the consumption of cider on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or

�� (B) Served in conjunction with an activity authorized by paragraph (b), (d) or (e) of this subsection.

�� (d) Subject to subsections (6) to (9) of this section, carry out agri-tourism or other commercial events on the tract occupied by the cider business.

�� (e) Host charitable activities for which the cider business does not charge a facility rental fee.

�� (f) Site a bed and breakfast as a home occupation on the same tract, and in association with, the cider business.

�� (4) A cider business may include on-site kitchen facilities licensed by the Oregon Health Authority under ORS 624.010 to 624.121 for the preparation of food and beverages described in subsection (3)(c) of this section. Food and beverage services authorized under subsection (3)(c) of this section may not utilize menu options or meal services that cause the kitchen facilities to function as a cafe or other dining establishment open to the public.

�� (5)(a) The gross income of the cider business from the sale of incidental items or services provided pursuant to subsection (3)(c) to (e) of this section may not exceed 25 percent of the gross income from the on-site retail sale of cider produced in conjunction with the cider business. The gross income of a cider business does not include income received by third parties unaffiliated with the cider business.

�� (b) At the request of a local government with land use jurisdiction over the site of a cider business, the cider business shall submit to the local government a written statement prepared by a certified public accountant that certifies the compliance of the cider business with this subsection for the previous tax year.

�� (6) Except as provided by subsections (7) and (8) of this section, a cider business may carry out agri-tourism or other commercial events described in subsection (3)(d) of this section for up to 18 days per calendar year.

�� (7) A cider business in the Willamette Valley may carry out agri-tourism or other commercial events as provided in subsection (6) of this section, provided:

�� (a) Events on the first six days of the 18-day limit per calendar year are authorized by the local government through the issuance of a renewable multi-year license that:

�� (A) Has a term of five years; and

�� (B) Is subject to an administrative review to determine necessary conditions pursuant to subsection (8) of this section.

�� (b) The local government�s decision on a license under paragraph (a) of this subsection is not:

�� (A) A land use decision, as defined in ORS 197.015, and is not subject to review by the Land Use Board of Appeals.

�� (B) A permit, as defined in ORS 215.402 or 227.160.

�� (c) Events on days seven through 18 of the 18-day limit per calendar year are authorized by the local government through the issuance of a renewable multi-year permit that:

�� (A) Has a term of five years;

�� (B) Is subject to an administrative review to determine necessary conditions pursuant to subsection (8) of this section; and

�� (C) Is subject to notice as specified in ORS 215.416 (11) or 227.175 (10).

�� (d) The local government�s decision on a permit under paragraph (c) of this subsection is:

�� (A) A land use decision, as defined in ORS 197.015, and is subject to review by the Land Use Board of Appeals.

�� (B) A permit, as defined in ORS 215.402 or 227.160.

�� (8)(a) A local government with land use jurisdiction over the site of a cider business shall ensure that agri-tourism or other commercial events occurring as described in subsection (3)(d) of this section are subordinate to the production and sale of cider and do not create significant adverse impacts to uses on surrounding land.

�� (A) The number of event attendees;

�� (B) The hours of event operation;

�� (C) Access and parking;

�� (D) Traffic management;

�� (E) Noise management; and

�� (F) Sanitation and solid waste.

�� (10) When a bed and breakfast facility is sited as a home occupation on the same tract as a cider business as described in subsection (3)(f) of this section:

�� (a) The bed and breakfast facility may prepare and serve two meals per day to the registered guests of the bed and breakfast facility; and

�� (b) The meals may be served at the bed and breakfast facility or at the cider business.

�� (11) A cider business operating under this section shall provide parking for all activities or uses of the lot, parcel or tract on which the cider business is situated.

�� (12) A local government with land use jurisdiction over the site of a cider business shall ensure that the cider business complies with:

�� (a) Local criteria regarding floodplains, geologic hazards, the Willamette River Greenway, solar access and airport safety;

�� (b) Regulations of general applicability for the public health and safety; and

�� (c) Regulations for resource protection acknowledged to comply with any statewide goal respecting open spaces, scenic and historic areas and natural resources.

�� (A) Except as provided in paragraph (b) of this subsection, establish a setback of at least 100 feet from all property lines for the cider business and all public gathering places; and

�� (B) Require cider businesses to provide direct road access and internal circulation for the cider business and all public gathering places.

�� (b) A local government may allow a setback of less than 100 feet by granting a cider business an adjustment or variance to the requirement described in paragraph (a)(A) of this subsection. [2017 c.253 �2]

�� 215.452 Winery; conditions; permissible uses. (1) A winery may be established as a permitted use on land zoned for exclusive farm use under ORS 215.213 (1)(p) and 215.283 (1)(n) or on land zoned for mixed farm and forest use if the winery produces wine with a maximum annual production of:

�� (a) Less than 50,000 gallons and:

�� (A) Owns an on-site vineyard of at least 15 acres;

�� (B) Owns a contiguous vineyard of at least 15 acres;

�� (C) Has a long-term contract for the purchase of all of the grapes from at least 15 acres of a vineyard contiguous to the winery; or

�� (D) Obtains grapes from any combination of subparagraph (A), (B) or (C) of this paragraph; or

�� (b) At least 50,000 gallons and the winery:

�� (A) Owns an on-site vineyard of at least 40 acres;

�� (B) Owns a contiguous vineyard of at least 40 acres;

�� (C) Has a long-term contract for the purchase of all of the grapes from at least 40 acres of a vineyard contiguous to the winery;

�� (D) Owns an on-site vineyard of at least 15 acres on a tract of at least 40 acres and owns at least 40 additional acres of vineyards in Oregon that are located within 15 miles of the winery site; or

�� (E) Obtains grapes from any combination of subparagraph (A), (B), (C) or (D) of this paragraph.

�� (2) In addition to producing and distributing wine, a winery established under this section may:

�� (a) Market and sell wine produced in conjunction with the winery.

�� (b) Conduct operations that are directly related to the sale or marketing of wine produced in conjunction with the winery, including:

�� (A) Wine tastings in a tasting room or other location on the premises occupied by the winery;

�� (B) Wine club activities;

�� (C) Winemaker luncheons and dinners;

�� (D) Winery and vineyard tours;

�� (E) Meetings or business activities with winery suppliers, distributors, wholesale customers and wine-industry members;

�� (F) Winery staff activities;

�� (G) Open house promotions of wine produced in conjunction with the winery; and

�� (H) Similar activities conducted for the primary purpose of promoting wine produced in conjunction with the winery.

�� (c) Market and sell items directly related to the sale or promotion of wine produced in conjunction with the winery, the marketing and sale of which is incidental to on-site retail sale of wine, including food and beverages:

�� (A) Required to be made available in conjunction with the consumption of wine on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or

�� (B) Served in conjunction with an activity authorized by paragraph (b), (d) or (e) of this subsection.

�� (d) Carry out agri-tourism or other commercial events on the tract occupied by the winery subject to subsections (5), (6), (7) and (8) of this section.

�� (e) Host charitable activities for which the winery does not charge a facility rental fee.

�� (3) A winery may include on-site kitchen facilities licensed by the Oregon Health Authority under ORS 624.010 to 624.121 for the preparation of food and beverages described in subsection (2)(c) of this section. Food and beverage services authorized under subsection (2)(c) of this section may not utilize menu options or meal services that cause the kitchen facilities to function as a cafe or other dining establishment open to the public.

�� (4) The gross income of the winery from the sale of incidental items or services provided pursuant to subsection (2)(c) to (e) of this section may not exceed 25 percent of the gross income from the on-site retail sale of wine produced in conjunction with the winery. The gross income of a winery does not include income received by third parties unaffiliated with the winery. At the request of a local government with land use jurisdiction over the site of a winery, the winery shall submit to the local government a written statement that is prepared by a certified public accountant and certifies the compliance of the winery with this subsection for the previous tax year.

�� (5) A winery may carry out up to 18 days of agri-tourism or other commercial events annually on the tract occupied by the winery.

�� (6) For events described in subsection (5) of this section for a winery in the Willamette Valley:

�� (a) Events on the first six days of the 18-day limit per calendar year must be authorized by the local government through the issuance of a renewable multi-year license that:

�� (A) Has a term of five years; and

�� (B) Is subject to an administrative review to determine necessary conditions pursuant to subsection (7) of this section.

�� (b) The local government�s decision on a license under paragraph (a) of this subsection is not:

�� (A) A land use decision, as defined in ORS 197.015, and is not subject to review by the Land Use Board of Appeals.

�� (B) A permit, as defined in ORS 215.402 or 227.160.

�� (c) Events on days seven through 18 of the 18-day limit per calendar year must be authorized by the local government through the issuance of a renewable multi-year permit that:

�� (A) Has a term of five years;

�� (B) Is subject to an administrative review to determine necessary conditions pursuant to subsection (7) of this section; and

�� (C) Is subject to notice as specified in ORS 215.416 (11) or 227.175 (10).

�� (d) The local government�s decision on a permit under paragraph (c) of this subsection is:

�� (A) A land use decision, as defined in ORS 197.015, and is subject to review by the Land Use Board of Appeals.

�� (B) A permit, as defined in ORS 215.402 or 227.160.

�� (7) As necessary to ensure that agri-tourism or other commercial events on a tract occupied by a winery are subordinate to the production and sale of wine and do not create significant adverse impacts to uses on surrounding land, the local government may impose conditions on a license or permit issued pursuant to subsection (6) of this section related to:

�� (a) The number of event attendees;

�� (b) The hours of event operation;

�� (c) Access and parking;

�� (d) Traffic management;

�� (e) Noise management; and

�� (f) Sanitation and solid waste.

�� (8) A local government may charge a fee for processing a license or permit under subsections (6) and (7) of this section. A fee may not exceed the actual or average cost of providing the applicable licensing or permitting service.

�� (9) A winery operating under this section shall provide parking for all activities or uses of the lot, parcel or tract on which the winery is established.

�� (10) Prior to the issuance of a permit to establish a winery under this section, the applicant shall show that vineyards described in subsection (1) of this section have been planted or that the contract has been executed, as applicable.

�� (11) A local government shall apply the standards described in this subsection. Standards imposed on the siting of a winery shall be limited solely to each of the following for the sole purpose of limiting demonstrated conflicts with accepted farming or forest practices on adjacent lands:

�� (a) Establishment of a setback of at least 100 feet from all property lines for the winery and all public gathering places unless the local government grants an adjustment or variance allowing a setback of less than 100 feet; and

�� (b) Provision of direct road access and internal circulation.

�� (12) A local government shall apply:

�� (a) Local criteria regarding floodplains, geologic hazards, the Willamette River Greenway, solar access and airport safety;

�� (b) Regulations of general applicability for the public health and safety; and

�� (c) Regulations for resource protection acknowledged to comply with any statewide goal respecting open spaces, scenic and historic areas and natural resources.

�� (13) When a bed and breakfast facility is sited as a home occupation on the same tract as a winery established under this section and in association with the winery:

�� (a) The bed and breakfast facility may prepare and serve two meals per day to the registered guests of the bed and breakfast facility; and

�� (b) The meals may be served at the bed and breakfast facility or at the winery.

�� (14) As used in this section:

�� (a) �Agri-tourism or other commercial events� includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of wine produced in conjunction with the winery is a secondary purpose of the event.

�� (b) �On-site retail sale� includes the retail sale of wine in person at the winery site, through a wine club or over the Internet or telephone. [1989 c.525 �4; 1993 c.704 �6; 1997 c.249 �61; 2001 c.613 �20; 2009 c.850 �11; 2010 c.97 ��1,2; 2011 c.679 ��2,3,3a; 2013 c.554 �2]

�� 215.453 Large winery; conditions; permissible uses. (1) A winery may be established as a permitted use on land zoned for exclusive farm use under ORS 215.213 (1)(p) or 215.283 (1)(n) or on land zoned for mixed farm and forest use if:

�� (a) The winery owns and is sited on a tract of 80 acres or more, at least 50 acres of which is a vineyard;

�� (b) The winery owns at least 80 additional acres of planted vineyards in Oregon that need not be contiguous to the acreage described in paragraph (a) of this subsection; and

�� (c) The winery has produced annually, at the same or a different location, at least 150,000 gallons of wine in at least three of the five calendar years before the winery is established under this section.

�� (2) In addition to producing and distributing wine, a winery described in subsection (1) of this section may:

�� (a) Market and sell wine produced in conjunction with the winery;

�� (b) Conduct operations that are directly related to the sale or marketing of wine produced in conjunction with the winery, including:

�� (A) Wine tastings in a tasting room or other location on the premises occupied by the winery;

�� (B) Wine club activities;

�� (C) Winemaker luncheons and dinners;

�� (D) Winery and vineyard tours;

�� (E) Meetings or business activities with winery suppliers, distributors, wholesale customers and wine-industry members;

�� (F) Winery staff activities;

�� (G) Open house promotions of wine produced in conjunction with the winery; and

�� (H) Similar activities conducted for the primary purpose of promoting wine produced in conjunction with the winery;

�� (c) Market and sell items directly related to the sale or promotion of wine produced in conjunction with the winery, the marketing and sale of which is incidental to retail sale of wine on-site, including food and beverages:

�� (A) Required to be made available in conjunction with the consumption of wine on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or

�� (B) Served in conjunction with an activity authorized by paragraph (b), (d) or (e) of this subsection;

�� (d) Provide services, including agri-tourism or other commercial events, hosted by the winery or patrons of the winery, at which wine produced in conjunction with the winery is featured, that:

�� (A) Are directly related to the sale or promotion of wine produced in conjunction with the winery;

�� (B) Are incidental to the retail sale of wine on-site; and

�� (C) Are limited to 25 days or fewer in a calendar year; and

�� (e) Host charitable activities for which the winery does not charge a facility rental fee.

�� (3)(a) The gross income of the winery from the sale of incidental items pursuant to subsection (2)(c) of this section and services provided pursuant to subsection (2)(d) of this section may not exceed 25 percent of the gross income from the on-site retail sale of wine produced in conjunction with the winery.

�� (b) At the request of a local government with land use jurisdiction over the site of a winery, the winery shall submit to the local government a written statement, prepared by a certified public accountant, that certifies compliance with paragraph (a) of this subsection for the previous tax year.

�� (4) A winery operating under this section:

�� (a) Shall provide parking for all activities or uses of the lot, parcel or tract on which the winery is established.

�� (b) May operate a restaurant, as defined in ORS 624.010, in which food is prepared for consumption on the premises of the winery.

�� (5)(a) A winery shall obtain a permit from the local government if the winery operates a restaurant that is open to the public for more than 25 days in a calendar year or provides for agri-tourism or other commercial events authorized under subsection (2)(d) of this section occurring on more than 25 days in a calendar year.

�� (b) In addition to any other requirements, a local government may approve a permit application under this subsection if the local government finds that the authorized activity:

�� (A) Complies with the standards described in ORS 215.296;

�� (B) Is incidental and subordinate to the retail sale of wine produced in conjunction with the winery; and

�� (C) Does not materially alter the stability of the land use pattern in the area.

�� (c) If the local government issues a permit under this subsection for agri-tourism or other commercial events, the local government shall review the permit at least once every five years and, if appropriate, may renew the permit.

�� (6) A person may not have a substantial ownership interest in more than one winery operating a restaurant under this section.

�� (7) Prior to the issuance of a permit to establish a winery under this section, the applicant shall show that vineyards described in subsection (1) of this section have been planted.

�� (8) A local government shall require a winery operating under this section to provide for:

�� (a) Establishment of a setback of at least 100 feet from all property lines for the winery and all public gathering places; and

�� (b) Direct road access and internal circulation.

�� (9) A local government shall apply:

�� (a) Local criteria regarding floodplains, geologic hazards, the Willamette River Greenway, solar access and airport safety;

�� (b) Regulations for the public health and safety; and

�� (c) Regulations for resource protection acknowledged to comply with any statewide goal respecting open spaces, scenic and historic areas and natural resources.

�� (10) The local government may authorize a winery described in subsection (1) of this section to sell or deliver items or provide services not described in subsection (2)(c) or (d) or (3) of this section under the criteria for a commercial activity in conjunction with farm use under ORS 215.213 (2)(c) or 215.283 (2)(a) or under other provisions of law.

�� (11)(a) A local government may issue a permit for a winery operating under this section to host outdoor concerts for which admission is charged, facility rentals or celebratory events if the local government issued permits to wineries operating under this section in similar circumstances before August 2, 2011.

�� (b) A local government may not issue a permit for a winery operating under this section to host outdoor concerts for which admission is charged, facility rentals or celebratory events if the local government did not issue permits to wineries operating under this section in similar circumstances before August 2, 2011.

�� (12) When a bed and breakfast facility is sited as a home occupation on the same tract as a winery established under this section and in association with the winery:

�� (a) The bed and breakfast facility may prepare and serve two meals per day to the registered guests of the bed and breakfast facility; and

�� (b) The meals may be served at the bed and breakfast facility or at the winery.

�� (13) As used in this section:

�� (a) �Agri-tourism or other commercial events� includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of wine produced in conjunction with the winery is a secondary purpose of the event.

�� (b) �On-site retail sale� includes the retail sale of wine in person at the winery site, through a wine club or over the Internet or telephone. [2011 c.679 �5; 2011 c.679 �5a; 2013 c.554 �6]

�� 215.454 Lawful continuation of certain winery-related uses or structures. (1)(a) A use or structure in an area zoned for exclusive farm use that exists on June 28, 2011, may be lawfully continued, altered, restored or replaced pursuant to ORS 215.130 if the use or structure is located on the same tract, as defined in ORS 215.010, as a winery established under ORS 215.213 (1)(p) or 215.283 (1)(n) that produced more than 250,000 gallons of wine in calendar year 2010.

�� (b) This subsection does not affect the lawful continuation, alteration, restoration or expansion of the winery sited on the same tract.

�� (2) A winery established under ORS 215.213 (1)(p) or 215.283 (1)(n) that produced more than 150,000 gallons and not more than 250,000 gallons of wine in calendar year 2010 does not require a permit under ORS 215.213 (2)(c) or 215.283 (2)(a). However, the winery must comply with all provisions of ORS 215.452 except the annual production requirements.

�� (3) A use or structure that is lawfully established at a winery located in an exclusive farm use zone and that exists on August 2, 2011, including events and activities that exceed the income limit imposed by ORS 215.452, may be continued, altered, restored or replaced pursuant to ORS 215.130.

�� (4) Subsection (3) of this section does not affect the lawful continuation, alteration, restoration or replacement of the winery sited on the same tract.

�� (5) A use or structure that is lawfully established at a winery located in an exclusive farm use zone and that exists on June 28, 2013, including events and activities that exceed the income limit imposed by ORS 215.452, may be continued, altered, restored or replaced pursuant to ORS 215.130.

�� (6) Subsection (5) of this section does not affect the lawful continuation, alteration, restoration or replacement of the winery sited on the same tract. [2011 c.567 �6; subsections (3) and (4) of 2013 Edition enacted as 2011 c.679 �6; subsections (5) and (6) of 2013 Edition enacted as 2013 c.554 �5]

�� Note: 215.454 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 215.455 Effect of approval of winery on land use laws. Any winery approved under ORS 215.213, 215.283,

ORS 469A.130

469A.130 that are associated with the generation of electricity by a community solar project, in proportion to the owner�s proportional ownership in or the subscriber�s proportional subscription to the community solar project.

�� (9) As part of the program established under this section, the commission shall:

�� (a) Determine a methodology by which 10 percent of the total generating capacity of the community solar projects operated under the program will be made available for use by low-income residential customers of electricity; and

�� (b) Periodically review and adjust the percentage described in paragraph (a) of this subsection.

�� (10) A subscription described in this section shall be considered a lease for purposes of ORS 307.092 and 307.112. [2016 c.28 �22; 2022 c.79 �3]

�� Note: 757.386 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 757 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

RENEWABLE NATURAL GAS

�� 757.390 Legislative findings and declarations. (1) The Legislative Assembly finds and declares that:

�� (a) Renewable natural gas provides benefits to natural gas utility customers and to the public; and

�� (b) The development of renewable natural gas resources should be encouraged to support a smooth transition to a low carbon energy economy in Oregon.

�� (2) The Legislative Assembly therefore declares that:

�� (a) Natural gas utilities can reduce emissions from the direct use of natural gas by procuring renewable natural gas and investing in renewable natural gas infrastructure;

�� (b) Regulatory guidelines for the procurement of renewable natural gas and investments in renewable natural gas infrastructure should enable the procurements and investments while also protecting Oregon consumers; and

�� (c) Renewable natural gas should be included in the broader set of low carbon resources that may leverage the natural gas system to reduce greenhouse gas emissions. [2019 c.541 �2]

�� 757.392 Definitions. As used in ORS 757.390 to 757.398:

�� (1) �Biogas� means a mixture of carbon dioxide and hydrocarbons, primarily methane gas, released from the biological decomposition of organic materials.

�� (2) �Biomass� has the meaning given that term in ORS 315.141.

�� (3) �Large natural gas utility� means a natural gas utility with 200,000 or more customer accounts in Oregon.

�� (4) �Natural gas utility� means a public utility providing natural gas service to customers.

�� (5)(a) �Qualified investment� means any capital investment in renewable natural gas infrastructure incurred by a natural gas utility for the purpose of providing natural gas service under a renewable natural gas program described in ORS

ORS 469A.205

469A.205, a voluntary renewable energy tariff or a special contract, as approved by the commission, except the contract must meet the requirements and be consistent with the provisions of this section. [2025 c.323 �5]

�� Note: Section 6, chapter 323, Oregon Laws 2025, provides:

�� Sec. 6. Section 5 of this 2025 Act [757.295] applies to retail electricity consumers that are large energy use facilities that:

�� (1) Enter into a contract for electricity service with an electric company on or after the effective date of this 2025 Act [June 16, 2025]; or

�� (2) Enter into a contract for electricity service with an electric company before the effective date of this 2025 Act, if the provision of electricity service requires the electric company to make significant investments or incur costs after the effective date of this 2025 Act that could result in increased costs or risks to other retail electricity consumers of the electric company. [2025 c.323 �6]

�� Note: Sections 7 and 8, chapter 323, Oregon Laws 2025, provide:

�� Sec. 7. Annual report on trends in load requirements from large energy use facilities. No later than September 1 of each even-numbered year, the Public Utility Commission shall submit a report in the manner provided by ORS 192.245, and may include recommendations for legislation, to the interim committees of the Legislative Assembly related to energy. The report shall review trends in load requirements and other implications from retail electricity consumers that are large energy use facilities, as defined in section 2 of this 2025 Act [757.292], and other retail electricity consumers that use large amounts of electricity. In providing the report, the commission must protect proprietary information as provided for under rules or orders of the commission. [2025 c.323 �7]

�� Sec. 8. Section 7 of this 2025 Act is repealed on January 2, 2035. [2025 c.323 �8]

NET METERING FACILITIES

�� 757.300 Net metering facility allowed to connect to public utility; conditions for connecting and measuring energy; rules; application to out-of-state utilities. (1) As used in this section:

�� (a) �Customer-generator� means a user of a net metering facility.

�� (b) �Electric utility� means a public utility, a people�s utility district operating under ORS chapter 261, a municipal utility operating under ORS chapter 225 or an electric cooperative organized under ORS chapter 62.

�� (c) �Net metering� means measuring the difference between the electricity supplied by an electric utility and the electricity generated by a customer-generator and fed back to the electric utility over the applicable billing period.

�� (d) �Net metering facility� means a facility for the production of electrical energy that:

�� (A) Generates electricity using:

�� (i) Solar power;

�� (ii) Wind power;

�� (iii) Fuel cells;

�� (iv) Hydroelectric power;

�� (v) Landfill gas;

�� (vi) Digester gas;

�� (vii) Waste;

�� (viii) Dedicated energy crops available on a renewable basis;

�� (ix) Low-emission, nontoxic biomass based on solid organic fuels from wood, forest or field residues;

�� (x) Geothermal energy; or

�� (xi) Renewable marine energy, including wave energy, wave-wind hybrid energy and tidal energy;

�� (B) Is located on the customer-generator�s premises, the territorial sea as defined in ORS

ORS 469B.118

469B.118 or 469B.130 to 469B.169.

�� (10) All prudently incurred costs associated with compliance with this section are recoverable in the rates of an electric company.

�� (11) The commission shall advise and assist the owners and operators of qualifying systems in identifying and using grants, incentive moneys, federal funding and other sources of noninvestment financial support for the construction and operation of qualifying systems.

�� (12) The pilot programs described in subsection (1) of this section close to new participants on the earlier of:

�� (a) March 31, 2016; or

�� (b) The date the cumulative nameplate capacity of solar photovoltaic energy systems that have been permanently installed by retail electricity consumers under the pilot programs equals 27.5 megawatts of alternating current. [2009 c.748 �2; 2010 c.78 �2; 2013 c.244 ��1,3; 2021 c.547 �22; 2025 c.232 �1]

�� Note: See note under 757.360.

�� 757.370 [2009 c.748 �3; 2010 c.79 �2; repealed by 2016 c.28 �23]

�� 757.375 Credit toward compliance with renewable portfolio standard; limits. (1) Any electricity produced from a solar photovoltaic energy system that is physically located in this state may be used by an electric company to comply with the renewable portfolio standard established under ORS 469A.005 to 469A.210.

�� (2) For each kilowatt-hour of electricity produced from a qualifying system that first becomes operational before January 1, 2016, and has a nameplate capacity of between 500 kilowatts and five megawatts of alternating current, the Public Utility Commission shall credit the electric company with two kilowatt-hours of qualifying electricity toward the electric company�s compliance with the renewable portfolio standard under ORS 469A.005 to 469A.210, up to a maximum of 20 megawatts of capacity. [2009 c.748 �4; 2016 c.28 �24]

�� Note: See note under 757.360.

�� 757.380 Applicability of ORS 757.360 to 757.380. ORS 757.360 to 757.380 apply only to qualifying systems that are solar photovoltaic energy systems. [2009 c.748 �5]

�� Note: See note under 757.360.

�� 757.385 Allowance of fair and reasonable rates. Nothing in ORS 276.910 and 757.360 to 757.380 affects the authority of the Public Utility Commission to set fair and reasonable rates as authorized under ORS 756.040 (1). [2009 c.748 �8]

�� Note: See note under 757.360.

�� 757.386 Program for procurement of electricity from community solar projects; rules. (1) For purposes of this section:

�� (a) �Community solar project� means one or more solar photovoltaic energy systems that provide owners and subscribers the opportunity to share the costs and benefits associated with the generation of electricity by the solar photovoltaic energy systems.

�� (b) �Electric company� has the meaning given that term in ORS 757.600.

�� (c) �Owner� means a customer of an electric company who has proportionate ownership of part of a community solar project, such as direct ownership of one or more solar panels or shared ownership of the infrastructure of the community solar project.

�� (d) �Project manager� means the entity identified as having responsibility for managing the operation of a community solar project and, if applicable, for maintaining contact with the electric company that procures electricity from the community solar project. A project manager may be:

�� (A) An electric company; or

�� (B) An independent third party.

�� (e) �Solar photovoltaic energy system� means equipment and devices that have the primary purpose of collecting solar energy and generating electricity by photovoltaic effect.

�� (f) �Subscriber� means a customer of an electric company who proportionately leases part of a community solar project for a minimum of 10 years.

�� (2)(a) The Public Utility Commission shall establish by rule a program for the procurement of electricity from community solar projects. As part of the program, the commission shall:

�� (A) Adopt rules prescribing what qualifies a community solar project to participate in the program;

�� (B) Certify qualified community solar projects for participation in the program;

�� (C) Prescribe the form and manner by which project managers may apply for certification under the program; and

�� (D) Require, by rule or order, electric companies to enter into a 20-year power purchase agreement with a certified community solar project.

�� (b) The commission shall adopt rules under paragraph (a)(A) of this subsection that, at a minimum:

�� (A) Incentivize consumers of electricity to be owners or subscribers;

�� (B) Minimize the shifting of costs from the program to ratepayers who do not own or subscribe to a community solar project;

�� (C) Where an electric company is the project manager, protect owners and subscribers from undue financial hardship; and

�� (D) Protect the public interest.

�� (c) The commission may suspend the program adopted under this subsection if the commission has good cause to suspend the program.

�� (3) A community solar project:

�� (a) Must have at least one solar photovoltaic energy system with a minimum generating capacity of 25 kilowatts;

�� (b) Must be located in this state; and

�� (c) May be located anywhere in this state.

�� (4) A project manager may offer ownership in or subscriptions to a community solar project only to consumers of electricity that are located:

�� (a) In this state; and

�� (b) In the service territory of an electric company.

�� (5)(a) A project manager may offer proportional ownership in or proportional subscriptions to a community solar project in any amount that does not exceed a potential owner�s or potential subscriber�s average annual consumption of electricity.

�� (b) Any value associated with the generation of electricity in excess of an offer to own or subscribe to a community solar project as limited by paragraph (a) of this subsection must be used by the electric company procuring electricity from the community solar project in support of low-income residential customers of the electric company.

�� (6)(a) Except as provided in paragraph (b) of this subsection, an electric company shall credit an owner�s or subscriber�s electric bill for the amount of electricity generated by a community solar project for the owner or subscriber in a manner that reflects the resource value of solar energy. For purposes of this paragraph, the commission shall determine the resource value of solar energy.

�� (b) The commission may adopt a rate for an electric company to use in crediting an owner�s or subscriber�s electric bill other than the rate described in paragraph (a) of this subsection if the commission has good cause to adopt the different rate.

�� (7)(a) Except as otherwise provided in this section, owners and subscribers shall bear the costs and benefits of constructing and operating a community solar project.

�� (b) Costs incurred by an electric company under the terms of a power purchase agreement entered into pursuant to subsection (2)(a)(D) of this section are recoverable in the rates of the electric company. Moneys collected pursuant to imposing those rates, under the terms of a power purchase agreement entered into pursuant to subsection (2)(a)(D) of this section, may be transferred to a project manager for the purpose of operating a community solar project.

�� (c) All start-up costs prudently incurred during the development or modification of the program established under this section are recoverable in the rates of an electric company.

�� (d) Owners and subscribers shall bear all ongoing costs incurred during the continued administration of the program established under this section.

�� (8) Owners and subscribers own all renewable energy certificates established under ORS

ORS 527.722

527.722, the county governing body shall adopt and may from time to time revise a comprehensive plan and zoning, subdivision and other ordinances applicable to all of the land in the county. The plan and related ordinances may be adopted and revised part by part or by geographic area.

�� (2) Zoning, subdivision or other ordinances or regulations and any revisions or amendments thereof shall be designed to implement the adopted county comprehensive plan.

�� (3) A county shall maintain copies of its comprehensive plan and land use regulations, as defined in ORS 197.015, for sale to the public at a charge not to exceed the cost of copying and assembling the material. [Amended by 1955 c.439 �2; 1963 c.619 �3; 1973 c.552 �4; 1977 c.766 �2; 1981 c.748 �41; 1987 c.919 �5; 1991 c.363 �1]

�� 215.055 [1955 c.439 �3; 1963 c.619 �4; 1971 c.13 �2; 1971 c.739 �1; 1973 c.80 �43; 1975 c.153 �1; repealed by 1977 c.766 �16]

�� 215.060 Procedure for action on plan; notice; hearing. Action by the governing body of a county regarding the plan shall have no legal effect unless the governing body first conducts one or more public hearings on the plan and unless 10 days� advance public notice of each of the hearings is published in a newspaper of general circulation in the county or, in case the plan as it is to be heard concerns only part of the county, is so published in the territory so concerned and unless a majority of the members of the governing body approves the action. The notice provisions of this section shall not restrict the giving of notice by other means, including mail, radio and television. [Amended by 1963 c.619 �5; 1967 c.589 �1; 1973 c.552 �6]

�� 215.070 [Repealed by 1963 c.619 �16]

�� 215.080 Power to enter upon land. The commission, and any of its members, officers and employees, in the performance of their functions, may enter upon any land and make examinations and surveys and place and maintain the necessary monuments and markers thereon.

�� 215.090 Information made available to commission. Public officials, departments and agencies, having information, maps or other data deemed by the planning commission pertinent to county planning shall make such information available for the use of the commission. [Amended by 1977 c.766 �3]

�� 215.100 Cooperation with other agencies. The county planning commission shall advise and cooperate with other planning commissions within the state, and shall upon request, or on its own initiative, furnish advice or reports to any city, county, officer or department on any problem comprehended in county planning.

�� 215.104 [1955 c.439 �4; 1963 c.619 �6; 1967 c.589 �2; 1973 c.552 �7; repealed by 1977 c.766 �16]

�� 215.108 [1955 c.439 �5; 1961 c.607 �1; repealed by 1963 c.619 �16]

�� 215.110 Recommendations for implementation of comprehensive plan; enactment of ordinances; referral; retroactivity. (1) A planning commission may recommend to the governing body ordinances intended to implement part or all of the comprehensive plan. The ordinances may provide, among other things, for:

�� (a) Zoning;

�� (b) Official maps showing the location and dimensions of, and the degree of permitted access to, existing and proposed thoroughfares, easements and property needed for public purposes;

�� (c) Preservation of the integrity of the maps by controls over construction, by making official maps parts of county deed records, and by other action not violative of private property rights;

�� (d) Conservation of the natural resources of the county;

�� (e) Controlling subdivision and partitioning of land;

�� (f) Renaming public thoroughfares;

�� (g) Protecting and assuring access to incident solar energy;

�� (h) Protecting and assuring access to wind for potential electrical generation or mechanical application; and

�� (i) Numbering property.

�� (2) The governing body may enact, amend or repeal ordinances to assist in carrying out a comprehensive plan. If an ordinance is recommended by a planning commission, the governing body may make any amendments to the recommendation required in the public interest. If an ordinance is initiated by the governing body, it shall, prior to enactment, request a report and recommendation regarding the ordinance from the planning commission, if one exists, and allow a reasonable time for submission of the report and recommendation.

�� (3) The governing body may refer to the electors of the county for their approval or rejection an ordinance or amendments thereto for which this section provides. If only a part of the county is affected, the ordinance or amendment may be referred to that part only.

�� (4) An ordinance enacted by authority of this section may prescribe fees and appeal procedures necessary or convenient for carrying out the purposes of the ordinance.

�� (5) An ordinance enacted by authority of this section may prescribe limitations designed to encourage and protect the installation and use of solar and wind energy systems.

�� (6) No retroactive ordinance shall be enacted under the provisions of this section. [Amended by 1963 c.619 �7; 1973 c.696 �22; 1975 c.153 �2; 1977 c.766 �4; 1979 c.671 �2; 1981 c.590 �7]

�� 215.120 [Amended by 1957 c.568 �2; repealed by 1963 c.619 �16]

�� 215.124 [1955 c.683 ��2, 4; 1957 c.568 �3; repealed by 1959 c.387 �1]

�� 215.126 [1955 c.683 �3; 1957 c.568 �1; 1959 c.387 �2; repealed by 1963 c.619 �16]

�� 215.130 Application of ordinances and comprehensive plan; alteration of nonconforming use. (1) Any legislative ordinance relating to land use planning or zoning shall be a local law within the meaning of, and subject to, ORS 250.155 to 250.235.

�� (2) An ordinance designed to carry out a county comprehensive plan and a county comprehensive plan shall apply to:

�� (a) The area within the county also within the boundaries of a city as a result of extending the boundaries of the city or creating a new city unless, or until the city has by ordinance or other provision provided otherwise; and

�� (b) The area within the county also within the boundaries of a city if the governing body of such city adopts an ordinance declaring the area within its boundaries subject to the county�s land use planning and regulatory ordinances, officers and procedures and the county governing body consents to the conferral of jurisdiction.

�� (3) An area within the jurisdiction of city land use planning and regulatory provisions that is withdrawn from the city or an area within a city that disincorporates shall remain subject to such plans and regulations which shall be administered by the county until the county provides otherwise.

�� (4) County ordinances designed to implement a county comprehensive plan shall apply to publicly owned property.

�� (5) The lawful use of any building, structure or land at the time of the enactment or amendment of any zoning ordinance or regulation may be continued. Alteration of any such use may be permitted subject to subsection (9) of this section. Alteration of any such use shall be permitted when necessary to comply with any lawful requirement for alteration in the use. Except as provided in ORS

ORS 660.010

660.010.

�� (b) �Apprenticeship training program� means the total system of apprenticeship that a particular local joint committee, as defined in ORS 660.010, operates, including the local joint committee�s registered standards and all other terms and conditions for qualifying, recruiting, selecting, employing and training apprentices in an apprenticeable occupation.

�� (c) �Community solar project� has the meaning given that term in ORS 757.386.

�� (d) �Construction� includes on-site and off-site construction and fabrication and covers 30 days after project completion.

�� (e) �Covered project� means:

�� (A) Except as provided in subparagraph (B) of this paragraph, a renewable energy generation, sequestration or storage facility with a capacity rating of 10 megawatts or greater.

�� (B) A community solar project with a capacity rating above three megawatts.

�� (f) �Minority individual� and �woman� have the meanings given those terms in ORS 200.005.

�� (g) �Repower� means replacement of enough of the original generation equipment or components to make an original energy generation facility equivalent to a new facility, such that at least 80 percent of the fair market value of the facility derives from new generation equipment or components installed as part of the replacement project.

�� (h) �Veteran� has the meaning given that term in ORS 408.225.

�� (2) A person who constructs or repowers a covered project sited in this state shall, within 30 days from the date the construction begins, provide a signed attestation or declaration stating to the best of their knowledge and belief, subject to penalty of perjury as described in ORS 162.065, that during all periods of construction all contractors and subcontractors working on the construction or repowering project will:

�� (a)(A)(i) Except as provided in sub-subparagraph (ii) of this subparagraph, participate in an apprenticeship program registered with the State Apprenticeship and Training Council and with graduation rates equal to or higher than the national average for each respective trade in a manner consistent with the respective apprenticeship training programs, such that 15 percent of the total work hours on a given covered project is performed by apprentices in apprenticeable occupations; or

�� (ii) If less than 15 percent of total work hours on a given covered project is performed by apprentices in apprenticeable occupations, demonstrate good faith with meeting the requirement described in sub-subparagraph (i) of this subparagraph by providing documented and verifiable information including:

�� (I) Internet addresses of employment advertisements or job announcements;

�� (II) Dates, times, Internet addresses and attendance lists of a prejob conference with apprenticeship, preapprenticeship and workforce providers in construction;

�� (III) Contacts requesting apprentices with an apprenticeship program approved by the Bureau of Labor and Industries including the date, time, telephone contact, electronic mail contact and whether a response was provided within 48 hours of the request;

�� (IV) Contacts requesting apprentices from a union hall including the date, time, telephone contact, electronic mail contact and whether a response was provided within 48 hours of the request; and

�� (V) Documentation of job offers and number of job offers made to apprentices;

�� (B) Establish and execute a plan for outreach, recruitment and retention of women, minority individuals, veterans and people with disabilities to perform work under the contract, with the aspirational target of having at least 15 percent of total work hours performed by individuals in one or more of those groups;

�� (C) Have policies in place that are designed to limit or prevent workplace harassment and discrimination and that promote workplace diversity, equity and inclusion for communities who have been underrepresented in the clean energy sector, including women, veterans and Black, Indigenous and People of Color;

�� (D) Maintain a license and good standing to perform the work and remain eligible to receive a contract or subcontract for public works under ORS 279C.860;

�� (E) Materially demonstrate a history of material compliance in the previous seven years, or provide available history for new businesses, with the rules and other requirements of state agencies with oversight regarding workers� compensation, building codes and occupational safety and health;

�� (F) Materially demonstrate a history of compliance, in the previous seven years, or provide available history for new businesses, with federal and state wage and hour laws; and

�� (G) Provide quarterly reporting and recordkeeping to the project owner or electric utility and respond to records requests and verification; and

�� (b) If the covered project has a capacity rating of 10 megawatts or greater:

�� (A) Pay no less than the prevailing wage rate for an hour�s work in the same trade or occupation in the locality where the labor is performed. Prevailing wage rate includes the calculation of wages and fringe benefits per trade and locality and will be treated as standards defined in ORS 279C.800 to 279C.870.

�� (B) Offer health care and retirement benefits to the employees performing the labor on the project.

�� (C) Provide quarterly reporting and recordkeeping to the project owner or electric utility and respond to records requests and verification.

�� (3) The person shall provide the attestation or declaration and any good faith effort documentation described in subsection (2) of this section to the State Department of Energy within 30 days from the date construction begins and shall notify the purchaser of the project or of the energy from the project of this provision or of the provision of a project labor agreement under subsection (4) of this section, the notice of which shall identify the signatories to the agreement. In addition to the requirements described in subsection (2) of this section, the attestation or declaration must include the following information:

�� (a) The megawatt capacity and physical footprint in acres of the project;

�� (b) The geographic location of the project;

�� (c) The estimated workforce requirements of the project;

�� (d) A collated list of good faith effort documentation; and

�� (e) A description of any policies in place for ensuring the person meets the requirements in this section.

�� (4)(a) In lieu of providing an attestation or declaration described in subsection (2) of this section, the person may provide a copy of a project labor agreement, if a project labor agreement is used on the covered project and shall be exempted from the requirements described in subsection (2) of this section.

�� (b) As used in this subsection, �project labor agreement� means a prehire collective bargaining agreement as described in 29 U.S.C. 158(f) that establishes the terms and conditions of employment for a specific construction project or contract.

�� (c) A project labor agreement may include additional provisions that:

�� (A) Prohibit discrimination based on race, national origin, religion, gender, sexual orientation, political affiliation or membership in a labor organization in hiring and dispatching workers for the project.

�� (B) Permit qualified contractors and subcontractors to bid for and be awarded work on the project without regard to whether they are otherwise parties to a collective bargaining agreement.

�� (C) Permit and promote qualified business enterprises owned by women, minorities, veterans and disadvantaged individuals without regard to whether the individuals are otherwise parties to a collective bargaining agreement.

�� (D) Guarantee against work stoppages, strikes, lockouts and similar disruptions of the project.

�� (5)(a) The department shall retain an attestation or declaration filed with the department in a manner consistent with the department�s record retention policies.

�� (b) Notwithstanding any provisions of ORS 192.345 or 192.355, an attestation or declaration provided to the department pursuant to this subsection is subject to public records disclosure and the department shall provide a copy of the attestation or declaration upon request.

�� (c) An attestation or declaration filed under this section is for reporting purposes only and the department may not use an attestation or declaration to investigate, regulate or enforce matters addressed in the attestation or declaration.

�� (6)(a) Nothing in this section:

�� (A) Applies to a contract or subcontract with a tribal government, agent or instrumentality of an Oregon Indian tribe for a covered project located in whole or in part on the tribe�s reservation or on land held in trust by the United States for the benefit of the tribe, unless the tribal government elects to adopt the standards in this section for the contract or subcontract; or

�� (B) Affects the wage rates overseen by a tribal government, agent or instrumentality of an Oregon Indian tribe.

�� (b) As used in this subsection, �Oregon Indian tribe� and �tribal government� have the meanings given those terms in ORS 294.805.

�� (7) Nothing in this section:

�� (a) Prohibits the inclusion of labor standards in addition to those required by subsection (2) of this section in contracts that are subject to this section; or

�� (b) Prohibits a person from using a project labor agreement to meet the minimum requirements of subsection (2) of this section. [2021 c.508 �26; 2022 c.51 �1]

�� Note: 757.306 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 757 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 757.308 Requirements related to request for proposals that may result in procurement of covered project. (1) A request for proposals submitted by an electric company, as defined in ORS

ORS 757.095

757.095; 1983 c.540 �3; 2001 c.35 �1]

�� 757.040 [Amended by 1971 c.655 �101; renumbered 758.035]

�� 757.045 [Amended by 1967 c.394 �1; repealed by 1971 c.781 �1]

�� 757.046 Performance-based regulation of electric companies; legislative declaration of public interest; incentives and penalties. (1) As used in this section:

�� (a) �Anthropogenic gases and atmospheric pollutants� includes carbon dioxide, methane, nitrogen oxides, sulfur oxides, mercury, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.

�� (b) �Distributed energy resource� means a small-scale energy system or mechanism that is located behind-the-meter and that generates or stores energy, works to balance and match energy demand with energy supply or manages energy use for a customer.

�� (c) �Electric company� has the meaning given that term in ORS 757.600.

�� (2) For purposes of this section, the Legislative Assembly declares that the public interest includes:

�� (a) Reducing greenhouse gas emissions;

�� (b) Increasing energy efficiency;

�� (c) Improving electric utility reliability and resiliency;

�� (d) Developing distributed energy resources;

�� (e) Enhancing services for low-income customers; and

�� (f) Improving the efficiency of utility operations to reduce costs to ratepayers.

�� (3) The Public Utility Commission may investigate, develop and adopt a framework for carrying out performance-based regulation of electric companies. The commission may use performance-based regulation to provide incentives and penalties to induce electric companies to bring electric utility operations in line with the public interest as declared under subsection (2) of this section and to:

�� (a) Reduce the emissions of anthropogenic gases and atmospheric pollutants;

�� (b) Expand the use of distributed energy resources, community solar projects, microgrids, demand response programs and energy efficiency programs;

�� (c) Enhance the quality, reliability and resiliency of electricity service in this state;

�� (d) Offer flexible payment plans that reduce disconnections of electricity service for low-income customers and other programs that address the quality and affordability of electricity services for all customers; and

�� (e) Improve all aspects of utility operations to reduce costs and pass on savings to ratepayers.

�� (4) A framework that is adopted under this section must:

�� (a) Provide for performance standards and a baseline from which performance is measured;

�� (b) Provide for performance metrics that are clear, objective, verifiable and achievable for measuring an electric company�s performance;

�� (c) Describe how the performance standards and metrics are to be carried out;

�� (d) Identify actions and mechanisms that an electric company may carry out or implement to meet performance standards; and

�� (e) Provide an electric company incentives or penalties based on an electric company�s performance.

�� (5) In developing incentives and penalties under this section, the commission shall take into consideration the impacts of those incentives and penalties on rates paid by ratepayers.

�� (6) In addition to providing for performance metrics that are subject to incentives or penalties, the commission may establish performance metrics that are not subject to incentives or penalties but are reportable and may require each electric company to file with the commission an annual report on the electric company�s performance as measured by those reportable performance metrics. [2025 c.538 �2]

�� 757.050 Authority of commission to order extension of service to unserved areas. The Public Utility Commission has power to require any public utility, after a public hearing of all parties interested, to extend its line, plant or system into, and to render service to, a locality not already served when the existing public convenience and necessity requires such extension and service. However, no such extension of service shall be required until the public utility has been granted such reasonable franchises as may be necessary for the extension of service, and unless the conditions are such as to reasonably justify the necessary investment by the public utility in extending its line, plant or system into such locality and furnishing such service. [Amended by 1971 c.655 �67]

(Energy Conservation Requirements)

�� 757.053 Alternative means for meeting energy conservation requirements. Notwithstanding the specific requirements imposed on an electric company by ORS 469.631 to 469.645 and

ORS 757.396

757.396 or 757.398.

�� (b) �Qualified investment� does not mean an investment in a biogas production project by:

�� (A) A single livestock operation that produces more than 250 standard cubic feet of biogas per minute; or

�� (B) A single biogas source that produces more than 1,000 standard cubic feet of biogas per minute.

�� (6) �Renewable energy sources� means hydroelectric, geothermal, solar photovoltaic, wind, tidal, wave, biomass or biogas energy sources.

�� (7) �Renewable natural gas� means any of the following products processed to meet pipeline quality standards or transportation fuel grade requirements:

�� (a) Biogas that is upgraded to meet natural gas pipeline quality standards such that it may blend with, or substitute for, geologic natural gas;

�� (b) Hydrogen gas derived from renewable energy sources; or

�� (c) Methane gas derived from any combination of:

�� (A) Biogas;

�� (B) Hydrogen gas or carbon oxides derived from renewable energy sources; or

�� (C) Waste carbon dioxide.

�� (8) �Renewable natural gas infrastructure� means all equipment and facilities for the production, processing, pipeline interconnection and distribution of renewable natural gas to be furnished to Oregon customers.

�� (9) �Small natural gas utility� means a natural gas utility with fewer than 200,000 customer accounts in Oregon. [2019 c.541 �3]

�� 757.394 Renewable natural gas programs; rules; requirements. (1) The Public Utility Commission shall adopt by rule a large renewable natural gas program for large natural gas utilities pursuant to the provisions of ORS 757.396.

�� (2) The commission shall adopt by rule a small renewable natural gas program for small natural gas utilities pursuant to ORS 757.398.

�� (3) Rules adopted by the commission under this section shall include:

�� (a) Rules for reporting requirements under the large renewable natural gas program and the small renewable natural gas program; and

�� (b) Rules for establishing a process for natural gas utilities to fully recover prudently incurred costs associated with the large renewable natural gas program and the small renewable natural gas program.

�� (4) Rules adopted by the commission under this section may not prohibit an affiliated interest of a small natural gas utility or of a large natural gas utility from making a capital investment in a biogas production project if the affiliated interest, as defined in ORS 757.015, is not a public utility. [2019 c.541 �4]

�� 757.396 Participating large natural gas utilities; portfolio targets; ratemaking mechanisms; qualified investments. (1) A large natural gas utility that participates in the large renewable natural gas program adopted by rule by the Public Utility Commission under ORS

ORS 757.995

757.995�� Civil penalty for violation of wildfire protection provisions or rule

GENERAL PROVISIONS

(Regulation Generally)

�� 757.005 Definition of public utility. (1)(a) As used in this chapter, except as provided in paragraph (b) of this subsection, �public utility� means:

�� (A) Any corporation, company, individual, association of individuals, or its lessees, trustees or receivers, that owns, operates, manages or controls all or a part of any plant or equipment in this state for the production, transmission, delivery or furnishing of heat, light, water or power, directly or indirectly to or for the public, whether or not such plant or equipment or part thereof is wholly within any town or city.

�� (B) Any corporation, company, individual or association of individuals, which is party to an oral or written agreement for the payment by a public utility, for service, managerial construction, engineering or financing fees, and having an affiliated interest with the public utility.

�� (b) As used in this chapter, �public utility� does not include:

�� (A) Any plant owned or operated by a municipality.

�� (B) Any railroad, as defined in ORS 824.020, or any industrial concern by reason of the fact that it furnishes, without profit to itself, heat, light, water or power to the inhabitants of any locality where there is no municipal or public utility plant to furnish the same.

�� (C) Any corporation, company, individual or association of individuals providing heat, light or power:

�� (i) From any energy resource to fewer than 20 customers, if it began providing service to a customer prior to July 14, 1985;

�� (ii) From any energy resource to fewer than 20 residential customers so long as the corporation, company, individual or association of individuals serves only residential customers;

�� (iii) From solar or wind resources to any number of customers; or

�� (iv) From biogas, waste heat or geothermal resources for nonelectric generation purposes to any number of customers.

�� (D) A qualifying facility on account of sales made under the provisions of ORS 758.505 to

ORS 758.440

758.440 is subject to judicial review in the manner provided by ORS 756.610. If a petition for judicial review is not filed within the specified time, the order shall thereafter be valid and enforceable for the purposes herein specified from the date on which the right to file a petition for judicial review expires. [Formerly 757.650; 2005 c.638 �14; 2017 c.312 �9]

�� 758.450 Contract required for allocation of territory; prohibited activities; exceptions; third party financing. (1) Territory served by more than one person providing similar utility service may only become an allocated territory by a contract approved by the Public Utility Commission.

�� (2) Except as provided in subsection (4) of this section, no other person shall offer, construct or extend utility service in or into an allocated territory.

�� (3) Except as provided in subsection (4) of this section, during the pendency of an application for an allocation of exclusively served territory, no person other than applicant shall offer, construct or extend utility service in or into the territory applied for; nor shall any person, without the express consent of the commission, offer, construct or extend utility service in or into any unserved territory which is the subject of a filing pending before the commission under ORS 758.420 or 758.435.

�� (4) The provisions of ORS 758.400 to 758.475 do not apply to any corporation, company, individual or association of individuals providing heat, light or power:

�� (a) From any energy resource to fewer than 20 customers, if it began providing service to a customer prior to July 14, 1985;

�� (b) From any energy resource to fewer than 20 residential customers so long as the corporation, company, individual or association of individuals serves only residential customers;

�� (c) From solar or wind resources to any number of customers; or

�� (d) From biogas, waste heat or geothermal resources for nonelectric generation purposes to any number of customers.

�� (5) Nothing in subsection (4) of this section shall prohibit third party financing of acquisition or development by a utility customer of energy resources to meet the heat, light or power requirements of that customer. [Formerly 757.652; 1981 c.360 �2; 1985 c.779 �2]

�� 758.455 Investigation by commission respecting contracts or applications; hearing procedure. (1) The Public Utility Commission may make such investigations respecting a contract or an application for the allocation of territory as the commission deems proper including the physical examinations and evaluations of the facilities and systems of the parties to the contract, estimates of their operating costs and revenues and studies of such other information as the commission deems pertinent.

�� (2) Insofar as applicable and consistent herewith, the provisions of ORS 756.500 to 756.610 shall govern the conduct of hearings.

�� (3) In considering competing applications to serve the same territory, there shall be a disputable presumption that applicants have an equal ability to extend, improve, enlarge, build, operate and maintain existing or proposed facilities. [Formerly

ORS 758.475

758.475 and that is in effect on July 22, 2005; or

�� (b) The acquisition comprises less than one percent of the total allocated territory of the Portland General Electric Company or less than one-tenth of one percent of the total retail customer load of the Portland General Electric Company at the time of acquisition, whichever is greater. [2005 c.630 �1]

�� Note: 758.480 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 758 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 758.500 [1979 c.730 �2; 1981 c.714 �1; repealed by 1981 c.714 �5 and by 1983 c.799 �9]

COGENERATION AND SMALL POWER PRODUCTION FACILITIES

�� 758.505 Definitions for ORS 758.505 to 758.555. As used in ORS 758.505 to 758.555:

�� (1) �Avoided cost� means the incremental cost to an electric utility of electric energy or energy and capacity that the utility would generate itself or purchase from another source but for the purchase from a qualifying facility.

�� (2) �Cogeneration facility� means a facility that:

�� (a) Produces, through the sequential use of energy, electric energy and useful thermal energy including but not limited to heat or steam, used for industrial, commercial, heating or cooling purposes; and

�� (b) Is more than 50 percent owned by a person who is not an electric utility, an electric holding company, an affiliated interest or any combination thereof.

�� (3) �Commission� means the Public Utility Commission.

�� (4) �Electric utility� means a nonregulated utility or a public utility.

�� (5) �Index rate� means the lowest avoided cost approved by the commission for a generating utility for the purchase of energy or energy and capacity of similar characteristics including online date, duration of obligation and quality and degree of reliability.

�� (6) �Nonregulated utility� means an entity providing retail electric utility service to Oregon consumers that is a people�s utility district organized under ORS chapter 261, a municipal utility operating under ORS chapter 225 or an electric cooperative organized under ORS chapter 62.

�� (7) �Public utility� means a utility regulated by the commission under ORS chapter 757, that provides electric power to consumers.

�� (8) �Qualifying facility� means a cogeneration facility or a small power production facility.

�� (9) �Small power production facility� means a facility that:

�� (a) Produces energy primarily by the use of biomass, waste, solar energy, wind power, water power, geothermal energy or any combination thereof;

�� (b) Is more than 50 percent owned by a person who is not an electric utility, an electric utility holding company, an affiliated interest or any combination thereof; and

�� (c) Has a power production capacity that, together with any other small power production facility located at the same site and owned by the same person, is not greater than 80 megawatts. [1983 c.799 �1]

�� 758.510 [1979 c.730 �3; 1981 c.714 �2; repealed by 1981 c.714 �7 and by 1983 c.799 �9]

�� 758.515 Legislative findings. The Legislative Assembly finds and declares that:

�� (1) The State of Oregon has abundant renewable resources.

�� (2) It is the goal of Oregon to:

�� (a) Promote the development of a diverse array of permanently sustainable energy resources using the public and private sectors to the highest degree possible; and

�� (b) Insure that rates for purchases by an electric utility from, and rates for sales to, a qualifying facility shall over the term of a contract be just and reasonable to the electric consumers of the electric utility, the qualifying facility and in the public interest.

�� (3) It is, therefore, the policy of the State of Oregon to:

�� (a) Increase the marketability of electric energy produced by qualifying facilities located throughout the state for the benefit of Oregon�s citizens; and

�� (b) Create a settled and uniform institutional climate for the qualifying facilities in Oregon. [1983 c.799 �2]

�� 758.520 [1979 c.730 �4; 1981 c.714 �3; repealed by 1981 c.714 �9 and by 1983 c.799 �9]

�� 758.525 Avoided cost schedules; filing; requirement to purchase energy from qualifying facilities. (1) At least once every two years each electric utility shall prepare, publish and file with the Public Utility Commission a schedule of avoided costs equaling the utility�s forecasted incremental cost of electric resources over at least the next 20 years. Prices contained in the schedules filed by public utilities shall be reviewed and approved by the commission.

�� (2) An electric utility shall offer to purchase energy or energy and capacity whether delivered directly or indirectly from a qualifying facility. Except as provided in subsection (3) of this section, the price for such a purchase shall not be less than the utility�s avoided costs. At the option of the qualifying facility, exercised before beginning delivery of the energy or energy and capacity, such prices may be based on:

�� (a) The avoided costs calculated at the time of delivery; or

�� (b) The projected avoided costs calculated at the time the legal obligation to purchase the energy or energy and capacity is incurred.

�� (3) Nothing contained in ORS 543.610, 757.005 and 758.505 to 758.555 shall be construed to require an electric utility to pay full avoided-cost prices for a purchase from a qualifying facility on which construction began before November 8, 1978, but the price for a purchase from such a facility shall be sufficient to encourage production of energy or energy and capacity.

�� (4) The rates of an electric utility for the sale of electricity shall not discriminate against qualifying facilities. [1983 c.799 �3]

�� 758.530 [1979 c.730 �5; 1981 c.714 �4; repealed by 1981 c.714 �11 and by 1983 c.799 �9]

�� 758.535 Criteria for qualifying facility; terms and conditions of energy sale. (1) The Public Utility Commission shall establish minimum criteria that a cogeneration facility or small power production facility must meet to qualify as a qualifying facility under ORS

ORS 90.317

90.317, 105.836 to 105.842, 455.360 and 476.725 shall be known and may be cited as the Lofgren and Zander Memorial Act. [2009 c.591 �15]

RADON HAZARDS AND METHODS FOR TESTING AND MITIGATION

�� 105.848 Radon information for potential buyers of one and two family dwellings. (1) The Real Estate Agency shall provide information to alert potential buyers of one and two family dwellings to issues concerning radon in the dwellings. The information may include, but need not be limited to, radon hazard potential and methods of testing for and mitigating radon. The agency may collaborate with public or private entities to provide the information.

�� (2) The agency shall place the information described in subsection (1) of this section on the agency�s website and make printed copies of the information available to the public. The agency may charge a reasonable fee for providing a printed copy of the information.

�� (3) The agency shall encourage public and private entities dealing with potential buyers of one and two family dwellings to post the information described in subsection (1) of this section on entity websites and to assist in making printed copies of the information available to the public. [2010 c.83 �3]

ACTION FOR REDUCED COMMERCIAL PROPERTY VALUE RESULTING FROM STREET USE RESTRICTION

�� 105.850 �Commercial property� defined for ORS 105.850 to 105.870. As used in ORS 105.850 to 105.870, �commercial property� means land and improvements used in a business operated thereon for the production of income, one of the principal aspects of which is the storing of motor vehicles or the providing of lodging to travelers using private conveyances. [1973 c.702 �1]

�� 105.855 Requirement to compensate commercial property owners for reduced value of property caused by street use restriction; effect of other access to property. Whenever after January 1, 1973, a city or mass transit district, whether or not acting pursuant to its police powers or condemnation authority, restricts use of the street traffic lane immediately adjacent to a sidewalk abutting commercial property to public conveyances and the existing access to that property by the general public by means of private conveyances is thereby prohibited or materially restricted for more than six hours in any 24-hour period, the city or mass transit district shall be liable for and shall pay the difference between the fair market value of the property prior to the restriction and the fair market value of the property subsequent to the restriction, taking into account any special benefits to the property resulting from improvements made by the city or mass transit district in connection with the restriction. The fact that other access to the property from a public way is available shall relieve the city or mass transit district from liability if the other access is reasonably equal to the access prohibited or materially restricted. [1973 c.702 �2]

�� 105.860 Cause of action against city for compensation; appeal procedure; intervention. Any person having any right, title or interest in any such abutting real property has a cause of action against the city to enforce payment of the compensation. Any such action may be commenced and maintained in the circuit court for the county in which the real property is situated. Any party to any such action has the right to appeal from the judgment of the circuit court as in other actions. A person having or claiming any right, title or interest in such real property may join as party plaintiff and may intervene in any action involving the real property in which the interest is claimed. [1973 c.702 �3; 2003 c.576 �241]

�� 105.865 Apportioning compensation among property owners; termination of city liability. (1) The circuit court shall, in its general judgment, apportion such just compensation as it may award among the various persons found by it to own or have some right, title or interest in such real property. The awarded compensation shall be apportioned according to the rules of law governing the distribution of awards made when real property is taken under the power of eminent domain.

�� (2) The liability of the city terminates wholly when it pays into court the sums determined by the circuit court to be just compensation. [1973 c.702 �4; 2003 c.576 �242]

�� 105.870 Limitation on commencement of action. Any cause of action granted by ORS 105.850 to 105.870 is barred unless such action is commenced within 60 days after the date upon which the change of use becomes effective and use of the streets is prohibited or restricted. [1973 c.702 �5]

SOLAR ENERGY EASEMENTS

�� 105.880 Conveyance prohibiting use of solar energy systems void. (1) No person conveying or contracting to convey fee title to real property shall include in an instrument for such purpose a provision prohibiting the use of solar energy systems by any person on that property.

�� (2) Any provision executed in violation of subsection (1) of this section after October 3, 1979, is void and unenforceable.

�� (3) For the purposes of this section, �solar energy system� means any device, structure, mechanism or series of mechanisms which uses solar radiation as a source for heating, cooling or electrical energy. [1979 c.671 �5]

�� 105.885 Definitions for ORS 105.885 to 105.895. As used in ORS 105.885 to 105.895:

�� (1) �Instrument� means a deed, contract, covenant, condition, permit or order that creates an access right to sunlight.

�� (2) �Solar energy easement� means any easement, covenant or conditions designed to insure the passage of incident solar radiation, light, air or heat across the real property of another.

�� (3) �Solar envelope� means a three-dimensional space over a lot representing height restrictions for structures and vegetation on the lot designed to protect access to sunlight for neighboring lots.

�� (4) �Sun chart� means a representation showing the plotted position of the sun. The chart shall display the path of the sun during each hour of the day and each month of the year at the nearest degree of latitude to the property. [1979 c.671 �6; 1981 c.722 �7]

�� 105.890 Solar energy easement appurtenant; termination. (1) A solar energy easement shall be appurtenant to and run with the real property benefited and burdened by such an easement.

�� (2) A solar energy easement shall terminate:

�� (a) Upon the conditions stated therein;

�� (b) By judgment of a court based upon abandonment or changed conditions; or

�� (c) At any time by agreement of all owners of benefited and burdened property. [1979 c.671 �7; 2003 c.576 �370]

�� 105.895 Requirements for easement creation by instrument; recordation. (1) Any instrument creating a solar energy easement or any other access right to sunlight shall contain:

�� (a) A legal description of the real property benefited and burdened by the easement; and

�� (b) A description of the solar energy easement sufficient to determine the space over the burdened property which must remain unobstructed by means that shall include, but not be limited to:

�� (A) A sun chart showing the plotted skyline, including vegetation and structures from the perspective of the center of the lower edge of the collector surface, and a drawing showing the size and location of the collector surface being protected and its orientation with respect to true south; or

�� (B) A description of the solar envelope sufficient to determine the space over the burdened property that must remain unobstructed.

�� (2) The instrument creating a solar energy easement or any other access right to sunlight shall be recordable under ORS 93.710. The instrument shall be recorded in the chains of title of the benefited and burdened properties as a transfer of the easement or access right from the owner of the burdened property to the owner of the benefited property.

�� (3) When an instrument creating a solar energy easement is issued by a city or otherwise requires approval from a city, the instrument shall be attested to and contain the original signature of a city official in addition to the descriptions and chart required under subsection (1) of this section.

�� (4) An instrument creating a solar energy easement shall be indexed when recorded by the name of the city and the names of all parties claiming any interest in the real property benefited or burdened by the easement. [1979 c.671 �8; 1981 c.590 �6; 1981 c.722 �8; 1991 c.230 �23]

WIND ENERGY EASEMENTS

�� 105.900 �Wind energy easement� defined for ORS 105.905 and 105.910. As used in ORS 105.905 and

ORS 92.044

92.044 or 92.046, respectively, prior to the approval of the tentative plan for the partition, but no person may sell any parcel in a partition for which approval of a tentative plan is required by any ordinance or regulation adopted under ORS 92.044 or 92.046, respectively, prior to such approval. [1955 c.756 �24; 1973 c.696 �5; 1974 c.74 �1; 1977 c.809 �5; 1991 c.763 �5; 2003 c.14 �34]

�� 92.017 Lawfully created units of land; judgments relocating property lines. (1) A lawfully created lot or parcel remains a discrete lot or parcel unless the lot or parcel lines are vacated or the lot or parcel is further divided as provided by law.

�� (2) A lawfully created unit of land remains a lawfully established unit of land following a judgment of a circuit court that relocates a property line of the unit of land if the judgment:

�� (a) Resolves a boundary line dispute between two adverse parties, including claims brought under ORS 105.005, 105.605, 105.620 or 105.705;

�� (b) Adjudicates the parties� respective rights to title and possession of the property to the relocated property line;

�� (c) Includes a legal description of the relocated property line;

�� (d) Is a final judgment for which the time to appeal has expired without any party filing an appeal and that is not subject to further appeal or review;

�� (e) Is recorded in the office of the county clerk; and

�� (f) Does not create an additional lot or parcel.

�� (3) Subsection (2) of this section applies without regard to whether:

�� (a) The relocated property line could have been lawfully established without the existence of the judgment through a property line adjustment, the subdividing or partitioning of property or under other procedures authorized by a city or county.

�� (b) Either party to the judgment subsequently has the property line relocation validated by a process under ORS 92.010 to 92.192 that would cause a property line adjustment or an adjustment to a plat of a subdivision or partition.

�� (c) Any unit of land would comply with minimum lot or parcel sizes, including under ORS 92.192.

�� (4) Applications for permits, including those defined under ORS 215.402 or 227.160 or ORS chapter 455, must be decided based upon the property lines as relocated under subsection (2) of this section and may not be denied based solely upon the judgment. [1985 c.717 �3; 1993 c.702 �2; 2021 c.219 �1]

�� 92.018 Remedy for purchase of unlawfully established unit of land; exceptions. (1) If a person buys a unit of land that is not a lawfully established unit of land, the person may bring an individual action against the seller in an appropriate court to recover damages or to obtain equitable relief. The court shall award reasonable attorney fees to the prevailing party in an action under this section.

�� (2) If the seller of a unit of land that was not lawfully established is a county that acquired the unit of land by means of foreclosure under ORS chapter 312 of delinquent tax liens, the person who purchases the unit of land is not entitled to damages or equitable relief.

�� (3) A purchaser is not entitled to damages or equitable relief against a seller under this section if:

�� (a) The purchaser of the unit of land is a holder, as defined in ORS 271.715;

�� (b) The unlawfully established unit of land was separately described in an instrument that was executed on or before January 1, 2025; and

�� (c) The deed from the seller reflects an intention that the purchaser use or convey the property for conservation purposes, such as:

�� (A) Retaining or protecting the land�s natural, scenic or open space values;

�� (B) Ensuring the land�s availability for agricultural, forest, recreational or open space use;

�� (C) Preserving the land�s historical, architectural, archaeological or cultural aspects; or

�� (D) Protecting natural resources or maintaining or enhancing air or water quality.

�� (4) A person acquiring an interest from a purchaser described in subsection (3) of this section or from someone subsequent in title to the purchaser is not entitled to damages or equitable relief under this section against:

�� (a) The original seller under subsection (3) of this section; or

�� (b) Any purchaser or subsequent purchaser under subsection (3) of this section, except for the seller under this subsection, if:

�� (A) The acquisition of the property is not for conservation purposes described in subsection (3)(c) of this section; and

�� (B) The first acquisition subject to subsection (3) of this section was less than five years prior to the acquisition under this subsection. [1983 c.718 �4; 1995 c.618 �53; 1997 c.805 �2; 2007 c.866 �5; 2025 c.51 �1]

�� 92.020 [Repealed by 1955 c.756 �5 (92.025 enacted in lieu of 92.020 and 92.030)]

�� 92.025 Prohibition of sale of lot or parcel prior to recordation of plat; waiver. (1) A person may not sell a lot in a subdivision or a parcel in a partition until the plat of the subdivision or partition has been acknowledged and recorded with the recording officer of the county in which the lot or parcel is situated.

�� (2) A person may not sell a lot in a subdivision or a parcel in a partition by reference to or exhibition or other use of a plat of the subdivision or partition before the plat for the subdivision or partition has been so recorded. In negotiating to sell a lot in a subdivision or a parcel in a partition under ORS 92.016 (1) and (2), a person may use the approved tentative plan for the subdivision or partition.

�� (3) Notwithstanding subsections (1) and (2) of this section, the governing body of a city or county may enact an ordinance waiving the requirement that parcels created in excess of 80 acres be shown on a partition plat. Nothing in this subsection shall exempt a local government from minimum area requirements established in acknowledged comprehensive plans and land use regulations. [1955 c.756 �6 (enacted in lieu of 92.020 and 92.030); 1973 c.696 �6; 1977 c.809 �6; 1989 c.772 �4; 1991 c.763 �6; 2005 c.399 �3]

�� 92.027 Deed reference to creation of unit of land. A person who conveys or contracts to convey fee title to a lot or parcel, or another unit of land resulting from a lien foreclosure or foreclosure of a recorded contract for the sale of real property, created or established on or after January 1, 2008, must include in the deed or other instrument conveying or contracting to convey fee title:

�� (1) A reference to the recorded subdivision plat or partition plat for the lot or parcel;

�� (2) A reference to or exhibit of the final land use decision that approved the subdivision or partition if a subdivision plat or partition plat is not required by law; or

�� (3) A reference to or exhibit of a final judgment or other document that evidences a lien foreclosure or a foreclosure of a recorded contract for the sale of the real property. [2007 c.866 �3]

�� Note: 92.027 was added to and made a part of 92.010 to 92.192 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 92.030 [Repealed by 1955 c.756 �5 (92.025 enacted in lieu of 92.020 and 92.030)]

�� 92.031 Middle housing land division; conditions of approval. (1) As used in this section, �middle housing land division� means a partition or subdivision of a lot or parcel on which the development of middle housing is allowed under ORS 197A.420 (2) or (3) or 197A.421.

�� (2) A city or county shall approve a tentative plan for a middle housing land division if the application includes:

�� (a) Separate utilities, other than water or wastewater, for each dwelling unit;

�� (b) A proposal for development of middle housing that is in compliance or must comply with the Oregon residential specialty code and land use regulations under ORS 197A.420 (5) that are applicable to the original lot or parcel and which may consist of:

�� (A) A single duplex, triplex, quadplex, cottage cluster or structure containing townhouses;

�� (B) Additional units as allowed by ORS 197A.421 (3); and

�� (C) Retained or rehabilitated existing units allowed under ORS 197A.420 (4), if any;

�� (c) Proposed easements necessary for each dwelling unit on the plan for:

�� (A) Locating, accessing, replacing and servicing all utilities;

�� (B) Pedestrian access from each dwelling unit to a private or public road;

�� (C) Any common use areas or shared building elements;

�� (D) Any dedicated driveways or parking; and

�� (E) Any dedicated common area;

�� (d) Exactly one dwelling unit on each resulting lot or parcel, except for:

�� (A) Lots, parcels or tracts used as common areas; or

�� (B) Lots or parcels with a detached single-unit dwelling and accessory dwelling unit or a duplex as allowed under ORS 197A.420 (4); and

�� (e) Evidence demonstrating how buildings or structures on a resulting lot or parcel will comply with applicable building codes provisions relating to new property lines and, notwithstanding the creation of new lots or parcels, how structures or buildings located on the newly created lots or parcels will comply with the Oregon residential specialty code.

�� (3) A city or county may add conditions to the approval of a tentative plan for a middle housing land division to:

�� (a) Subject to subsection (6) of this section, prohibit the further division of the resulting lots or parcels.

�� (b) Require that a notation appear on the final plat indicating that the approval was given under this section.

�� (4) In reviewing an application for a middle housing land division, a city or county:

�� (a) Shall apply the procedures applicable to an expedited land division under ORS 197A.140, if requested by the applicant and without regard to the criteria in ORS 197A.142 (1).

�� (b) May require street frontage improvements where a resulting lot or parcel abuts the street consistent with land use regulations implementing ORS 197A.420.

�� (c) May not subject an application to approval criteria except as provided in this section, including that a lot or parcel require driveways, vehicle access, parking or minimum or maximum street frontage.

�� (d) May not subject the application to procedures, ordinances or regulations adopted under ORS 92.044 or 92.046 that are inconsistent with this section or, only if requested by the applicant, ORS 197A.140.

�� (e) Shall allow the submission of an application for a tentative plan for a middle housing land division before, after or at the same time as the submission of an application for building permits for the middle housing.

�� (f) May require the dedication of right of way if the original parcel did not previously provide a dedication.

�� (g) May require separate water and wastewater utilities for each dwelling unit.

�� (h) Shall allow any existing units allowed under ORS 197A.420 (4) to be considered a single middle housing unit and allow for the unit to be allocated its own lot or parcel by the division.

�� (5) The type of middle housing developed on the original parcel is not altered by a middle housing land division.

�� (6) Notwithstanding ORS 197A.425 (1) and subsection (4)(d) and (e) of this section, a city or county may prohibit or add approval criteria to the allowance of a new accessory dwelling unit on, or a subsequent middle housing land division of, a lot or parcel resulting from a middle housing land division:

�� (a) To the extent allowed under this section and ORS 197A.420; and

�� (b) Provided that the middle housing land division lots or parcels may be used to create housing that is at or above the minimum density for the zoning of the land.

�� (7) Notwithstanding any other provision of ORS 92.010 to 92.192, within the same calendar year as an original partition that was not a middle housing land division, a city or county may allow one or more of the resulting vacant parcels to be further partitioned into not more than three parcels through a middle housing land division.

�� (8) The tentative approval of a middle housing land division is void if and only if a final subdivision or partition plat is not approved within three years of the tentative approval. Nothing in this section prohibits a city or county from requiring a final plat before issuing building permits. [2021 c.103 �2; 2024 c.102 �10; 2025 c.476 �14]

�� Note: 92.031 was added to and made a part of 92.010 to 92.192 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 92.040 Application for approval of subdivision or partition; tentative plan; applicability of local government laws. (1) Before a plat of any subdivision or partition subject to review under ORS 92.044 may be made and recorded, the person proposing the subdivision or partition or authorized agent or representative of the person shall make an application in writing to the county or city having jurisdiction under ORS 92.042 for approval of the proposed subdivision or partition in accordance with procedures established by the applicable ordinance or regulation adopted under ORS 92.044. Each such application shall be accompanied by a tentative plan showing the general design of the proposed subdivision or partition. No plat for any proposed subdivision or partition may be considered for approval by a city or county until the tentative plan for the proposed subdivision or partition has been approved by the city or county. Approval of the tentative plan shall not constitute final acceptance of the plat of the proposed subdivision or partition for recording. However, approval by a city or county of such tentative plan shall be binding upon the city or county for the purposes of the preparation of the subdivision or partition plat, and the city or county may require only such changes in the subdivision or partition plat as are necessary for compliance with the terms of its approval of the tentative plan for the proposed subdivision or partition.

�� (2) After September 9, 1995, when a local government makes a decision on a land use application for a subdivision inside an urban growth boundary, only those local government laws implemented under an acknowledged comprehensive plan that are in effect at the time of application shall govern subsequent construction on the property unless the applicant elects otherwise.

�� (3) A local government may establish a time period during which decisions on land use applications under subsection (2) of this section apply. However, in no event shall the time period exceed 10 years, whether or not a time period is established by the local government. [Amended by 1955 c.756 �7; 1973 c.696 �7; 1983 c.826 �8; 1989 c.772 �5; 1995 c.812 �9; 2005 c.22 �71]

�� 92.042 Governing body having jurisdiction to approve plans, maps or plats. (1) Land within six miles outside of the corporate limits of a city is under the jurisdiction of the city for the purpose of giving approval of plans, maps and plats of subdivisions and partitions under ORS 92.040 and 227.110. However, unless otherwise provided in an urban growth area management agreement jointly adopted by a city and county to establish procedures for regulating land use outside the city limits and within an urban growth boundary acknowledged under ORS 197.251, when the governing body of a county has adopted ordinances or regulations for subdivision and partition control as required by ORS 92.044, land in the county within the six-mile limit shall be under the jurisdiction of the county for those purposes.

�� (2) Land over six miles from the corporate limits of a city is under the jurisdiction of the county for the purpose of giving approval of plans, maps and plats for subdivisions and partitions under ORS 92.040. [1955 c.756 �4; 1973 c.261 �1; 1973 c.696 �8; 1983 c.570 �3; 1991 c.763 �7]

�� 92.044 Adoption of standards and procedures governing approval of plats and plans; delegation; fees. (1)(a) The governing body of a county or a city shall, by regulation or ordinance, adopt standards and procedures, in addition to those otherwise provided by law, governing, in the area over which the county or the city has jurisdiction under ORS 92.042, the submission and approval of tentative plans and plats of subdivisions and tentative plans and plats of partitions.

�� (b) The standards must include, taking into consideration the location and surrounding area of the proposed subdivisions or partitions, requirements for:

�� (A) Placement of utilities subject to subsection (7) of this section, for the width and location of streets or for minimum lot sizes and other requirements the governing body considers necessary for lessening congestion in the streets;

�� (B) Securing safety from fire, flood, slides, pollution or other dangers;

�� (C) Providing adequate light and air, including protection and assurance of access to incident solar radiation for potential future use;

�� (D) Preventing overcrowding of land;

�� (E) Facilitating adequate provision of transportation, water supply, sewerage, drainage, education, recreation or other needs; and

�� (F) Protection and assurance of access to wind for potential electrical generation or mechanical application.

�� (c) The procedures must provide for:

�� (A) The form and contents of tentative plans of partitions and subdivisions submitted for approval.

�� (B) The coordination in the review of the tentative plan of any subdivision or partition with all affected city, county, state and federal agencies and all affected special districts.

�� (C) A method by which the city or county may approve a plan or plat that includes further division of one or more of the resulting lots or parcels via concurrently submitted applications for middle housing land divisions under ORS 92.031, all to be approved within the timelines provided under ORS 215.427 or 227.178.

�� (2)(a) The governing body of a city or county may provide for the delegation of any of its lawful functions with respect to subdivisions and partitions to the planning commission of the city or county or to an official of the city or county appointed by the governing body for such purpose.

�� (b) If an ordinance or regulation adopted under this section includes the delegation to a planning commission or appointed official of the power to take final action approving or disapproving a tentative plan for a subdivision or partition, such ordinance or regulation may also provide for appeal to the governing body from such approval or disapproval.

�� (c) The governing body may establish, by ordinance or regulation, a fee to be charged for an appeal under ORS chapter 197, 197A, 215 or 227, except for an appeal under ORS

ORS 94.645

94.645, 94.655 and 94.675, without further action by the association. [1983 c.206 �7]

�� 94.680 Blanket all-risk insurance. (1) If a declaration or bylaws provide that the homeowners association has the sole authority to decide whether to repair or reconstruct a unit that has suffered damage or whether a unit must be repaired or reconstructed, the board of directors shall obtain blanket all-risk insurance for the full replacement cost of all structures in the planned community. Cost of the coverage shall be a common expense to the association.

�� (2) If the declaration or bylaws contain a provision described in subsection (1) of this section, the declaration or bylaws also shall provide:

�� (a) Requirements of or limitations on repairing or reconstructing damaged or destroyed property;

�� (b) The time within which the repair or reconstruction must begin; and

�� (c) The actions the board of directors must take if:

�� (A) Damage or destruction is not repaired or replaced; or

�� (B) Insurance proceeds exceed or fall short of the costs of repair or reconstruction. [1981 c.782 �52; 1999 c.677 �22; 2007 c.409 �15]

�� 94.685 Specification of insurance for individual lots. (1) Unless provided in the declaration, the bylaws shall specify:

�� (a) The insurance an owner must obtain, if any;

�� (b) The insurance, if any, an individual owner is precluded from obtaining;

�� (c) The responsibility for payment of the amount of the deductible in an association insurance policy; and

�� (d) Whether or not the insurance coverage obtained and maintained by the board of directors may be brought into contribution with insurance bought by owners or their mortgagees.

�� (2) The declaration or bylaws may provide that the responsibility for payment of the amount of the deductible may be prescribed by resolution adopted by the board of directors. [1981 c.782 �54; 1999 c.677 �23; 2007 c.409 �16]

�� 94.690 Terms of insurance under ORS 94.680. The board of directors of a homeowners association shall obtain, if reasonably available, terms in insurance policies under ORS 94.680 which provide a waiver of subrogation by the insurer as to any claims against the board of directors of the association, any owner or any guest of an owner. [1981 c.782 �56; 1999 c.677 �24]

�� 94.695 Authority to delegate association powers to master association. A declaration for a planned community may delegate any of the powers of the homeowners association under ORS 94.630 to a master association or provide that the master association may exercise any such power. [1981 c.782 �62]

�� 94.700 Duration and termination of initial management agreements and service and employment contracts; exceptions. (1) Except as provided in subsection (2) of this section, if entered into prior to the meeting called under ORS 94.609, no management agreement, service contract or employment contract which is directly made by or on behalf of the association, the board of directors or the owners as a group shall be in excess of three years.

�� (2)(a) Subject to paragraph (b) of this subsection, the limitations under subsection (1) of this section do not apply to:

�� (A) Performance-based energy or water efficiency contracts; or

�� (B) Contracts relating to renewable energy facilities or output serving the planned community, including facilities leased to the association.

�� (b) A contract described in paragraph (a) of this subsection:

�� (A) May not have an initial term of more than 20 years; and

�� (B) Must be recorded with the recording officer in each county in which the planned community is located.

�� (c) As used in this subsection, �renewable energy facilities� means facilities generating electricity, heat or cooling by means of:

�� (A) Solar, wind, ocean, hydropower, biomass or geothermal resources; or

�� (B) Biofuels or hydrogen derived from renewable resources.

�� (3) Any contract or agreement subject to subsection (1) of this section and entered into after July 1, 1982, may terminate without penalty to the declarant, the association or the board of directors elected under ORS 94.616 if the board of directors gives not less than 30 days written notice of termination to the other party not later than 60 days after the meeting called under ORS 94.609. [1981 c.782 �69; 2009 c.641 �14]

(Assessments and Liens Against Lots; Easements)

�� 94.704 Assessment and payment of common expenses. (1) Subject to subsection (2) of this section, the declarant of a planned community shall pay all common expenses of the planned community until the individual lots subject to assessment are assessed for common expenses as specified in the declaration pursuant to ORS 94.580 (2).

�� (2) If the declaration expressly authorizes deferment, the declarant may defer payment of accrued assessments for reserves required under ORS 94.595 for a lot subject to assessment until the date the lot is conveyed. However, the declarant may not defer payment of accrued assessments for reserves:

�� (a) Beyond the date of the turnover meeting provided for in the bylaws in accordance with ORS

ORS 94.783

94.783 control. [1981 c.782 �86; 1999 c.677 �69; 2003 c.569 �19]

�� 94.775 Judicial partition of lots. (1) Judicial partition by division of a lot in a planned community is not allowed under ORS 105.205, unless:

�� (a) The declaration expressly allows the division of lots in a planned community; or

�� (b) The lot may be divided under ORS 94.776.

�� (2) The lot may be partitioned by sale and division of the proceeds under ORS 105.245.

�� (3) The restriction specified in subsection (1) of this section does not apply if the homeowners association has removed the property from the provisions of the declaration. [1981 c.782 �87; 2003 c.569 �20; 2021 c.103 �5]

�� 94.776 Development and division of lots; allocations for newly created lots. (1) A provision in a governing document that is adopted or amended on or after January 1, 2020, is void and unenforceable to the extent that the provision would prohibit or have the effect of unreasonably restricting the development of, or the dividing of lands under ORS 92.031 for, housing that is otherwise allowable under the maximum density of the zoning for the land.

�� (2) Lots or parcels resulting from the division of land in a planned community are subject to the governing documents of the planned community and are allocated assessments and voting rights on the same basis as existing units.

�� (3) A provision in a governing document that is adopted or amended on or after January 1, 2026, is void and unenforceable to the extent that the provision would prohibit or have the effect of unreasonably restricting the siting of a manufactured dwelling, as defined in ORS 446.003, or a prefabricated structure, as defined in ORS 197A.015, on a lot, including an accessory dwelling unit allowed under this section. [2019 c.639 �12; 2021 c.103 �4; 2025 c.274 �2]

�� Note: The amendments to 94.776 by section 9, chapter 476, Oregon Laws 2025, become operative January 1, 2027. See section 11, chapter 476, Oregon Laws 2025. The text that is operative on and after January 1, 2027, is set forth for the user�s convenience.

�� 94.776. (1) A provision in a governing document is void and unenforceable, as being against the policy of this state of promoting housing availability and affordability and affirmatively furthering fair housing as defined in ORS 197A.100, to the extent that the provision would prohibit or have the effect of unreasonably restricting the development of, or the dividing of lands under ORS 92.031 for, housing, including accessory dwelling units or middle housing, that is otherwise allowable under the maximum density of the zoning for the land.

�� (2) Lots or parcels, as those terms are defined in ORS 92.010, that result from the division of land in a planned community are subject to the governing documents of the planned community. Any resulting dwelling units are allocated assessments and voting rights on the same basis as existing units.

�� Note: Section 10, chapter 476, Oregon Laws 2025, provides:

�� Sec. 10. ORS 94.776 applies to governing documents that were adopted before, on or after January 1, 2020. [2025 c.476 �10]

�� 94.777 Compliance with bylaws and other restrictions required; effect of noncompliance. Each owner and the declarant shall comply with the bylaws, and with the administrative rules and regulations adopted pursuant thereto, and with the covenants, conditions and restrictions in the declaration or in the deed to the lot. Failure to comply therewith shall be grounds for an action maintainable by the homeowners association or by an aggrieved owner. [1999 c.677 �36]

�� 94.778 Prohibition against installation of solar panels void and unenforceable. (1) Except as provided in subsection (3) of this section, a provision in a declaration or bylaws of a planned community that prohibits an owner of the roof or other exterior portion of a building or improvement on which solar panels may be installed from installing or using solar panels for obtaining solar access, as described in ORS 215.044 and 227.190, is void and unenforceable as a violation of the public policy to protect the public health, safety and welfare of the people of Oregon.

�� (2) An owner of record of real property subject to an instrument that contains a provision described in subsection (1) of this section may file a petition to remove the provision in the manner provided in ORS 93.272 for removal of a provision from an instrument conveying or contracting to convey real property.

�� (3) A homeowners association may adopt and enforce a provision that imposes reasonable size, placement or aesthetic requirements for the installation or use of solar panels described in subsection (1) of this section. [2017 c.282 �2]

�� 94.779 Unenforceability of certain requirements and restrictions. (1) A provision of a planned community�s governing document or landscaping or architectural guidelines that imposes irrigation requirements on an owner or the association is void and unenforceable while any of the following is in effect:

�� (a) A declaration by the Governor that a severe, continuing drought exists or is likely to occur in a political subdivision within which the planned community is located;

�� (b) A finding by the Water Resources Commission that a severe, continuing drought exists or is likely to occur in a political subdivision within which the planned community is located;

�� (c) An ordinance adopted by the governing body of a political subdivision within which the planned community is located that requires conservation or curtailment of water use; or

�� (d) A rule adopted by the association under subsection (2) of this section to reduce or eliminate irrigation water use.

�� (2) Notwithstanding any provision of a planned community�s governing documents or landscaping or architectural guidelines imposing irrigation requirements on an owner or the association, an association may adopt rules that:

�� (a) Require the reduction or elimination of irrigation on any portion of the planned community.

�� (b) Permit or require the replacement of turf or other landscape vegetation with xeriscape on any portion of the planned community.

�� (c) Require prior review and approval by the association or its designee of any plans by an owner or the association to replace turf or other landscape vegetation with xeriscape.

�� (d) Require the use of best practices and industry standards to reduce the landscaped areas and minimize irrigation of existing landscaped areas of common property where turf is necessary for the function of the landscaped area.

�� (3) Except as provided in subsections (4) and (5) of this section, if adopted on or after January 1, 2018, the following provisions of a planned community�s governing document are void and unenforceable:

�� (a) A provision that prohibits or restricts the use of the owner�s unit or lot as the premises of an exempt family child care provider participating in the subsidy program under ORS 329A.500; or

�� (b) If the unit does not share a wall, floor or ceiling surface in common with another unit, a provision that prohibits or restricts the use of the owner�s unit or lot as a certified or registered family child care home pursuant to ORS 329A.250 to

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)