Bill Text: OR HB2812 | 2013 | Regular Session | Introduced


Bill Title: Relating to the purchase of electricity by electric companies.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2812 Detail]

Download: Oregon-2013-HB2812-Introduced.html


     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2256

                         House Bill 2812

Sponsored by COMMITTEE ON ENERGY AND ENVIRONMENT

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires establishment of program under which electric
companies must purchase electricity from distributed generation
facilities under standard contracts. Establishes Oregon Clean
Energy and Local Economic Development Board for purpose of
adopting rules related to administration of Act and making
recommendations to Public Utility Commission regarding elements
of program.

                        A BILL FOR AN ACT
Relating to the purchase of electricity by electric companies.
Be It Enacted by the People of the State of Oregon:

                               { +
SHORT TITLE + }

  SECTION 1.  { + Sections 1 to 17 of this 2013 Act shall be
known and may be cited as the 'Clean Energy Economy Act.' + }

                               { +
PURPOSE + }

  SECTION 2.  { + The purposes of sections 1 to 17 of this 2013
Act are to:
  (1) Facilitate and promote, throughout this state, the
installation of renewable energy systems that are connected to
energy distribution systems;
  (2) Diversify this state's portfolio of sources that generate
renewable energy;
  (3) Improve the resiliency and reliability of energy
distribution systems;
  (4) Reduce the environmental impact of fossil fuel and nuclear
energy production;
  (5) Reduce carbon emissions that contribute to climate change;
  (6) Reduce fossil fuel imports;
  (7) Increase local and state revenues;
  (8) Stimulate economic development and create family wage jobs
in both rural and urban areas;
  (9) Reduce long-term price volatility;
  (10) Reduce long-term energy production and distribution costs;
  (11) Contribute to the development of this state's energy
technology industry;
  (12) Keep local control over funds spent on and generated by
energy production and consumption;
  (13) Provide an alternative to the use of tax credits that a
person may claim under ORS 316.116, or 317.115 if the person is a
corporation, and the use of other public moneys to incentivize
the installation of renewable energy systems;
  (14) Incentivize the use of private investor money to finance
the capital costs of installing renewable energy systems;
  (15) Guarantee payment to private investors for financing those
capital costs and, thereby, provide for the rapid and
cost-effective installation of renewable energy systems; and
  (16) Engage Oregonians, particularly Oregonians with
insufficient or no tax liability, in the cost-effective
development of this state's abundant renewable resources to serve
this state's energy needs. + }

                               { +
DEFINITIONS + }

  SECTION 3.  { + As used in sections 1 to 17 of this 2013 Act:
  (1) 'Ceiling price' means the maximum price that a electric
company must pay a distributed generation facility for
electricity under a standard contract.
  (2) 'Community-owned' means owned, developed or controlled in
full or in part by a minimum of 25 residents of this state or by
an Oregon tribe, nonprofit organization, school, library,
university, municipality, consortium of municipalities, faith
community, district as defined in ORS 198.010 or other
organization that serves a minimum of 25 members, students,
patrons or other individuals.
  (3) 'Disadvantaged community' means an urban renewal district
or other rural or urban community that is economically
impoverished under the laws of this state.
  (4) 'Distributed generation class' means a category of
distributed generation facilities that is created under section 9
of this 2013 Act.
  (5) 'Distributed generation facility' means an electrical
generation facility that generates electricity as authorized
under section 7 of this 2013 Act and that is connected to a
distribution system that is owned, controlled or operated by an
electric company.
  (6) 'Electric company' has the meaning given that term in ORS
757.600.
  (7) 'Job training' means instruction provided at a distributed
generation facility for job accreditation or apprenticeship
training for the purposes related to renewable energy technology.
  (8) 'Low-income ratepayer' means a residential customer of an
electric company that is the head of the household or principal
wage earner of the household and who received Supplemental
Security Income from the Social Security Administration or who is
eligible for the low-income energy assistance or other form of
low-income assistance as determined by the Oregon Clean Energy
and Local Economic Development Board by rule.
  (9) 'Nameplate capacity' means the maximum rated output of a
generator or other electric power production equipment under
specific conditions designated by the manufacturer.
  (10) 'Standard contract' means a contract with a term of 20
years under which an electric company purchases electricity from
a distributed generation facility. + }

                               { +
STANDARD CONTRACTS + }

                               { +
(Program Goals) + }

  SECTION 4.  { + (1) The Public Utility Commission shall
establish a program that requires electric companies to enter
into standard contracts with distributed generation facilities.
  (2) The program shall require electric companies:
  (a) Except as provided in subsection (5) of this section, to
annually purchase an aggregate nameplate capacity of at least 500
megawatts of electricity from distributed generation facilities
by December 31, 2020;
  (b) To purchase at least 30 percent of electricity from solar
photovoltaic facilities;
  (c) To purchase at least 10 percent of electricity from rooftop
solar facilities that generate no more than 50 kilowatts of
electricity per hour; and
  (d) To purchase at least 10 percent of electricity from
community-owned facilities.
  (3) Except as provided under subsection (5) of this section, to
achieve the aggregate nameplate capacity described in subsection
(2)(a) of this section, the program shall require electric
companies to purchase electricity from distributed generation
facilities in accordance with the following annual targets:
  (a) An aggregate nameplate capacity of at least 10 megawatts of
electricity by December 31, 2014;
  (b) An aggregate nameplate capacity of at least 70 megawatts of
electricity by December 31, 2015;
  (c) An aggregate nameplate capacity of at least 150 megawatts
of electricity by December 31, 2016;
  (d) An aggregate nameplate capacity of at least 250 megawatts
of electricity by December 31, 2017.
  (e) An aggregate nameplate capacity of at least 300 megawatts
of electricity by December 31, 2018; and
  (f) An aggregate nameplate capacity of at least 400 megawatts
of electricity by December 31, 2019.
  (4) The commission shall establish annual targets for each
electric company by multiplying the total amount of electricity
to be annually purchased from distributed generation facilities
by a fraction equal to each electric company's share of all
electricity sales in Oregon that are derived from fossil fuel and
nuclear sources.
  (5) Before August 31 of each year, the Oregon Clean Energy and
Local Economic Development Board established under section 14 of
this 2013 Act may:
  (a) Recommend to the commission that an annual target listed
under subsection (3) of this section be increased by an amount
that reflects shortfalls in meeting the previous year's annual
target.
  (b) Recommend to the commission that an annual target listed
under subsection (3) of this section, or the aggregate nameplate
capacity required under subsection (2) of this section, be
decreased by an amount that reflects an amount in excess of the
previous year's annual target.
  (c) Based on market data and other information available to the
board, including pricing for standard contracts received during
previous years, recommend to the commission that an annual target
listed in subsection (3) of this section, or the aggregate
nameplate capacity required under subsection (2) of this section,
be decreased on the basis that market conditions are likely to
produce during the upcoming year standard contracts with
unfavorably high prices for electricity. In considering such
issues, the board may take into account the reasonableness of
current pricing and the impact that achieving the annual target
will have on electric company customers.
  (d) Recommend an extension of time to achieve the aggregate
nameplate capacity required under subsection (2) of this section
if a decrease is made to the aggregate nameplate capacity under
paragraph (b) or (c) of this subsection.

  (6) The board shall file recommendations made under subsection
(5) of this section with the commission for commission review and
approval. + }
  SECTION 5.  { + The amendments to section 4 of this 2013 Act by
section 6 of this 2013 Act become operative on the date that
electric companies first purchase the aggregate nameplate
capacity required under section 4 (2) of this 2013 Act. + }
  SECTION 6. Section 4 of this 2013 Act is amended to read:
   { +  Sec. 4. + } (1) The Public Utility Commission shall
establish a program that requires electric companies to enter
into standard contracts with distributed generation facilities.
  (2) The program shall require electric companies:
  (a) Except as provided in subsection   { - (5) - }
 { + (4) + } of this section, to annually purchase an aggregate
nameplate capacity of at least 500 megawatts of electricity from
distributed generation facilities   { - by December 31, 2020 - }
;
  (b) To purchase at least 30 percent of electricity from solar
photovoltaic facilities;
  (c) To purchase at least 10 percent of electricity from rooftop
solar facilities that generate no more than 50 kilowatts of
electricity per hour; and
  (d) To purchase at least 10 percent of electricity from
community-owned facilities.
    { - (3) Except as provided under subsection (5) of this
section, to achieve the aggregate nameplate capacity described in
subsection (2)(a) of this section, the program shall require
electric companies to purchase electricity from distributed
generation facilities in accordance with the following annual
targets: - }
    { - (a) An aggregate nameplate capacity of at least 10
megawatts of electricity by December 31, 2014; - }
    { - (b) An aggregate nameplate capacity of at least 70
megawatts of electricity by December 31, 2015; - }
    { - (c) An aggregate nameplate capacity of at least 150
megawatts of electricity by December 31, 2016; - }
    { - (d) An aggregate nameplate capacity of at least 250
megawatts of electricity by December 31, 2017. - }
    { - (e) An aggregate nameplate capacity of at least 300
megawatts of electricity by December 31, 2018; and - }
    { - (f) An aggregate nameplate capacity of at least 400
megawatts of electricity by December 31, 2019. - }
    { - (4) - }   { + (3) + } The commission shall establish
 { - annual targets - }   { + the nameplate capacity + } for each
electric company  { + to purchase + } by multiplying the total
amount of electricity to be annually purchased from distributed
generation facilities by a fraction equal to each electric
company's share of all electricity sales in Oregon that are
derived from fossil fuel and nuclear sources.
    { - (5) - }   { + (4) + } Before August 31 of each year, the
Oregon Clean Energy and Local Economic Development Board
established under section 14 of this 2013 Act may:
  (a) Recommend to the commission that   { - an annual target
listed under subsection (3) - }   { + the aggregate nameplate
capacity required under subsection (2)  + }of this section be
increased by an amount that reflects shortfalls in   { - meeting
the previous year's annual target - }   { + purchasing that
amount of electricity during the previous year + }.
  (b) Recommend to the commission that   { - an annual target
listed under subsection (3) of this section, or - }  the
aggregate nameplate capacity required under subsection (2) of
this section  { - , - }  be decreased by an amount that reflects
an amount  { + of electricity purchased + } in excess of the
 { - previous year's annual target - }  { + required aggregate
nameplate capacity during the previous year + }.

  (c) Based on market data and other information available to the
board, including pricing for standard contracts received during
previous years, recommend to the commission that   { - an annual
target listed in subsection (3) of this section, or - }  the
aggregate nameplate capacity required under subsection (2) of
this section  { - , - }  be decreased on the basis that market
conditions are likely to produce during the upcoming year
standard contracts with unfavorably high prices for electricity.
In considering such issues, the board may take into account the
reasonableness of current pricing and the impact that
 { - achieving the annual target - }  { + the standard
contracts + } will have on electric company customers.
    { - (d) Recommend an extension of time to achieve the
aggregate nameplate capacity required under subsection (2) of
this section if a decrease is made to the aggregate nameplate
capacity under paragraph (b) or (c) of this subsection. - }
    { - (6) - }   { + (5) + } The board shall file
recommendations made under subsection   { - (5) - }   { + (4) + }
of this section with the commission for commission review and
approval.

                               { +
(Eligibility) + }

  SECTION 7.  { + (1) To participate in the program established
under section 4 of this 2013 Act, a distributed generation
facility must generate electricity from one of the following
sources:
  (a) Solar photovoltaic energy, wind energy, farm biogas energy
or small hydroelectric power, as defined by the Oregon Clean
Energy and Local Economic Development Board by rule; or
  (b) If authorized by the board, biomass energy, biogases from
anaerobic digestion, solar thermal energy, geothermal energy or
wave, tidal or ocean thermal energy.
  (2) To authorize a source of electricity under subsection
(1)(b) of this section, the board must find that the source is
market-ready in Oregon, as defined by the board by rule.
  (3) For each source of electricity listed in this section, the
board may adopt by rule efficiency thresholds, sustainability
requirements, water and land resource impact requirements and
emission requirements for greenhouse gases and other air
pollution biproducts. + }

                               { +
(Standard Contracts) + }

  SECTION 8.  { + (1)(a) To enroll in the program established
under section 4 of this 2013 Act, on or before October 1 of each
year, a distributed generation facility must apply to the
electric company that serves the area in which the distributed
generation facility is located.
  (b) Notwithstanding paragraph (a) of this subsection, an
electric company may request applications from distributed
generation facilities not located in its area of service as long
as the electric company receives a minimum of 70 percent of the
nameplate capacity required under section 4 of this 2013 Act from
distributed generation facilities located within its area of
service.
  (2) Applications must be made in a manner and form prescribed
by the Oregon Clean Energy and Local Economic Development Board
by rule and include an affidavit by the applicant that the
distributed generation facility is not a part of a larger
project.
  (3) Each electric company shall enter into:
  (a) At least three standard contracts each year; and

  (b) A number of standard contracts sufficient to meet the
nameplate capacity required by section 4 of this 2013 Act.
  (4) Except as provided in subsection (5) of this section,
standard contracts must be entered into in the order in which
applications are received by an electric company. A record of the
order in which applications are received shall be maintained by
an electric company. In cases where an electric company is not
able to enroll all applicants in the program because the electric
company has contracted for the nameplate capacity required under
section 4 of this 2013 Act, the applicants that did not enter
into a standard contract shall be given first preference during
the following year, according to the order in which applications
were received.
  (5) The board shall adopt by rule requirements for the
enrollment of distributed generation facilities that belong to
different distributed generation classes. Rules adopted under
this subsection must:
  (a) Establish a two-week period during which electric companies
receive bids from distributed generation facilities belonging to
different distributed generation classes; and
  (b) Require electric companies to enter into a specified number
of standard contracts with those distributed generation
facilities.
  (6) An electric company shall enter into a standard contract at
or below the applicable ceiling price established under section
10 of this 2013 Act with a distributed generation facility that
successfully applies for enrollment under this section. The
electric company is obligated to purchase all energy produced by
the distributed energy facility at the agreed upon price for the
entire contract period.
  (7) After entering into each standard contract, an electric
company shall report to the board and the Public Utility
Commission:
  (a) The aggregate amount of nameplate capacity being purchased
from distributed generation facilities belonging to the
distributed generation class to which the distributed generation
facility that is the subject of the standard contract belongs;
  (b) The agreed upon price for electricity under the standard
contract; and
  (c) Any other information that the board requires an electric
company to submit by rule.
  (8) Every three months, an electric company shall provide an
accounting to the board and the commission of the total amount
paid to distributed generation facilities under standard
contracts during the previous three months.
  (9) Every year, an electric company shall submit annual reports
to the board and the commission detailing:
  (a) The total number of standard contracts entered into by the
electric company;
  (b) The annual generation of electricity by distributed
generation facilities with which the electric company has entered
into standard contracts;
  (c) The annual generation of electricity and total amount paid
to distributed generation facilities belonging to each
distributed generation class; and
  (d) Any other information that the board by rule requires an
electric company to submit. + }

                               { +
(Ceiling Prices) + }

  SECTION 9.  { + (1) For the purpose of establishing ceiling
prices under section 10 of this 2013 Act, the Oregon Clean Energy
and Local Economic Development Board shall create distributed
generation classes. The board shall consider the following
factors in creating distributed generation classes:
  (a) Type of technology used to generate electricity;
  (b) Size of distributed generation facility;
  (c) Geographic resource intensity; and
  (d) Local impact, including local ownership, potential for
local economic development and potential for local workforce
development.
  (2) At a minimum, the board must create the following
distributed generation classes:
  (a) Classes denoting at least four sizes and four geographic
resource intensities for solar photovoltaic energy.
  (b) Classes denoting at least two sizes and at least one
geographic resource intensity for wind energy.
  (c) Classes denoting at least one size for small hydroelectric
power.
  (d) A class for job training.
  (e) A class for disadvantaged communities.
  (f) A class for community-owned distributed generation
facilities.
  (3) The board may create distributed generation classes at its
discretion for other eligible energies described in section 7 of
this 2013 Act. + }
  SECTION 10.  { + (1) No later than August 31 of each year, the
Oregon Clean Energy and Local Economic Development Board shall
file with the Public Utility Commission recommendations for a
ceiling price for standard contracts for each distributed
generation class. The ceiling price for each distributed
generation class should be a price that allows an electric
company to receive a reasonable rate of return for entering into
a standard contract.
  (2) The calculation of the ceiling price for a distributed
generation class shall include, where applicable, federal
incentives, including tax incentives. In setting ceiling prices,
the board:
  (a) Shall consider the average amount of bids for each
distributed generation class received by electric companies under
section 8 (5) of this 2013 Act; and
  (b) May consider:
  (A) Transactions for newly developed renewable energy
resources;
  (B) Pricing for standard contracts received during previous
years;
  (C) Environmental benefits, including reducing carbon
emissions;
  (D) Benefits for electric company customers; and
  (E) Cost effectiveness.
  (3) Ceiling prices for standard contracts for distributed
generation classes created under section 9 (2)(d), (e) or (f)
must take into account the additional transaction costs of
investing in distributed generation facilities under such
conditions. The board shall recommend ceiling prices for these
distributed generation classes that will ensure quality standards
for performance and longevity. The board shall seek input from
the advisory council established under section 16 of this 2013
Act in making recommendations under this section.
  (4) The commission shall consider for approval ceiling prices
recommended by the board under this section. In reviewing the
recommended ceiling prices, the commission shall consider the
factors described in subsection (2) of this section used by the
board to make the recommendation. The commission shall issue a
decision within 60 days of receiving the recommendation.
  (5) The board may recommend an adjustment to a ceiling price
for the remainder of the year if the board determines that the
price is either too low or too high. In such cases, the board
shall file with the commission the recommendation for modifying
the ceiling price. The commission shall issue a decision within
60 days of receiving the recommendation. + }
                               { +
PROTECTIONS AND INCENTIVES FOR ECONOMIC DEVELOPMENT + }

  SECTION 11.  { + Low-income ratepayers are exempt from rate
increases attributable to sections 1 to 17 of this 2013 Act. + }
  SECTION 12.  { + In creating distributed generation classes
under section 9 (2)(d), (e) and (f), the Oregon Clean Energy and
Local Economic Development Board shall emphasize equal access to
jobs, economic development in both rural and urban areas,
development of this state's renewable energy workforce,
widespread opportunity for ownership of a distributed generation
facility and community involvement in the establishment of
distributed generation facilities. + }

                               { +
REMUNERATION AND COST RECOVERY + }

  SECTION 13.  { + (1) All prudently incurred costs associated
with the purchase of electricity under sections 1 to 17 of this
2013 Act and in excess of the resource value of the energy
generated by distributed generation facilities, as described in
subsection (2) of this section, are recoverable in the rates of
an electric company.
  (2) The Public Utility Commission shall determine the resource
value of energy generated by distributed generation facilities
that have entered into standard contracts with electric
companies. In determining the resource value of energy under this
subsection, the commission:
  (a) Shall calculate:
  (A) The avoided cost of energy, minus the cost of firming and
shaping the electricity;
  (B) The avoided distribution and transmission losses;
  (C) Generation capacity value;
  (D) Transmission and distribution deferrals; and
  (E) Risk mitigation related to fuel price volatility; and
  (b) May consider:
  (A) Reactive power control; and
  (B) Grid resilience and reliability.
  (3) In addition to recovering prudently incurred costs under
subsection (1) of this section, an electric company is entitled
to financial remuneration and incentives for entering into
standard contracts under section 8 of this 2013 Act. Such
remuneration and incentives shall compensate an electric company
for the additional financial liability associated with entering
into standard contracts and for providing grid access to
distributed generation facilities. The form of remuneration and
incentives, to be adopted by the Oregon Clean Energy and Local
Economic Development Board by rule, shall be either:
  (a) Annual compensation equal to no more than three percent of
the actual annual payments made by the electric company to
distributed generation facilities that operate commercially; or
  (b) Additional profits that the electric company earns by
claiming as a capital expenditure that portion of the actual
annual payments made for clean energy generated by distributed
generation facilities with which the electric company has entered
into standard contracts that are above the avoided cost of
electricity generated from natural gas. + }

                               { +
OREGON CLEAN ENERGY AND LOCAL + }
                               { +
ECONOMIC DEVELOPMENT BOARD + }

                               { +
(Establishment) + }

  SECTION 14.  { + (1) The Oregon Clean Energy and Local Economic
Development Board is established in the Office of the Governor
for the purposes of:
  (a) Evaluating and making recommendations to the Public Utility
Commission regarding aggregate nameplate capacity under section 4
of this 2013 Act;
  (b) Creating distributed generation classes under section 9 of
this 2013 Act;
  (c) Making recommendations to the commission regarding ceiling
prices under section 10 of this 2013 Act;
  (d) Providing consistent, comprehensive, informed and publicly
accountable involvement by representatives of groups impacted by,
involved in and knowledgeable of the development of distributed
generation facilities that are eligible to enter into standard
contracts under section 8 of this 2013 Act; and
  (e) Monitoring and evaluating the effectiveness of the program
established under sections 1 to 17 of this 2013 Act.
  (2)(a) The board shall consist of 15 members appointed by the
Governor. Appointments are subject to confirmation by the Senate
in the manner prescribed in ORS 171.562 and 171.565.
  (b) The Governor shall appoint one voting member for each of
the following areas of expertise:
  (A) Energy regulation and law;
  (B) Community-owned production of clean energy;
  (C) Commercial production of clean energy;
  (D) Residential production of clean energy;
  (E) Retail electricity consumption;
  (F) Environmental issues pertaining to energy production;
  (G) The development of a workforce for clean energy;
  (H) The development of clean energy technology; and
  (I) The financing of clean energy.
  (c) The Governor shall appoint one nonvoting member from each
of the following:
  (A) The State Department of Energy;
  (B) The Natural Resources Division of the State Department of
Agriculture;
  (C) The Oregon Business Development Department;
  (D) The Oregon Global Warming Commission;
  (E) A nongovernmental entity described in ORS 757.612; and
  (F) An electric company.
  (3) The term of office of each member is two 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 whose term begins on January 1 next following. A member
is eligible for reappointment. If there is a vacancy for any
cause, the Governor shall make an appointment to become
immediately effective for the unexpired term.
  (4) From the nine voting members, the Governor shall appoint a
chairperson of the board and a vice chairperson of the board.
The representative from the Oregon Business Development
Department shall be the executive secretary of the board.
  (5) A majority of the voting members of the board constitutes a
quorum for the transaction of business.
  (6) A member of the board is not entitled to compensation, but
in the discretion of the chairperson, may be reimbursed from
funds available to the board for the actual and necessary travel
and other expenses incurred by the member in the performance of
the member's official duties in the manner and amount provided in
ORS 292.495.
  (7) The State Department of Energy, State Department of
Agriculture and Oregon Business Development Department shall
provide staff support for the board. + }
  SECTION 15.  { + Notwithstanding the term of office specified
by section 14 of this 2013 Act, of the voting members first
appointed to the + }  { + Oregon Clean Energy and Local Economic

Development Board, four shall serve for a term ending January 1,
2015. + }

                               { +
(Powers and Duties) + }

  SECTION 16.  { + (1) The Oregon Clean Energy and Local Economic
Development Board shall:
  (a) Make recommendations to the Public Utility Commission
regarding:
  (A) The implementation of rules and procedures that will
accomplish the purposes of sections 1 to 17 of this 2013 Act;
  (B) Adjustments to aggregate nameplate capacity as described in
section 4 of this 2013 Act; and
  (C) Ceiling prices under section 10 of this 2013 Act.
  (b) Create distributed generation classes under section 9 of
this 2013 Act.
  (c) Monitor and evaluate the implementation and execution of
sections 1 to 17 of this 2013 Act, including assessing the impact
that sections 1 to 17 of this 2013 Act have on ratepayers, and
submit:
  (A) An annual report of the board's findings to the Governor,
in a form and manner prescribed by the Governor; and
  (B) A biennial report to the Legislative Assembly in the manner
provided in ORS 192.245.
  (d) Establish an advisory council for the purposes described in
subsection (2) of this section.
  (2) The advisory council established under this section shall
provide the board with information about, and advise the board
on, the following matters:
  (a) Public utilities and ratemaking procedures;
  (b) Distribution and use of electricity generated by sources
other than a public utility;
  (c) Renewable energy resources and renewable energy
technologies;
  (d) State and federal labor standards and workforce
development;
  (e) Private, community and public financing; and
  (f) Resources and economic development of Oregon tribes,
nonprofit organizations, schools, libraries, universities,
municipalities, faith communities and districts as defined in ORS
198.010. + }

                               { +
RELATIONSHIP TO OTHER STATE ENERGY PROGRAMS + }

  SECTION 17.  { + (1) Ownership of renewable energy certificates
established under ORS 469A.130 that are associated with
electricity generated by a distributed generation facility and
sold to an electric company under sections 1 to 17 of this 2013
Act shall be transferred to the electric company and may be used
to comply with the renewable portfolio standard described in ORS
469A.005 to 469A.210.
  (2) Distributed generation facilities that enter into standard
contracts under section 8 of this 2013 Act are not eligible for
expenditures authorized under ORS 757.612 (3)(b)(B) or energy tax
credits under ORS 469B.100 to 469B.118 or 469B.130 to
469B.169. + }

                               { +
UNIT CAPTIONS + }

  SECTION 18.  { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
                         ----------

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