74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2620
Sponsored by Representative HOLVEY
CHAPTER ................
AN ACT
Relating to inclusion of solar energy technologies in public
buildings.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2007 Act are added to
and made a part of ORS 279C.005 to 279C.670. + }
SECTION 2. { + (1) Except as otherwise provided in this
section, a public improvement contract for the construction of a
public building or for the reconstruction or major renovation of
a public building, if the cost of the reconstruction or major
renovation exceeds 50 percent of the value of the public
building, is considered to contain an amount equal to at least
1.5 percent of the total contract price for the inclusion of
appropriate solar energy technology in the public building. Solar
energy technology shall include solar electric or solar thermal
systems and may include passive solar energy systems when a
proposed passive solar energy system will achieve a reduction in
energy usage of at least 20 percent.
(2) Before entering into a public improvement contract
described in subsection (1) of this section, a contracting agency
shall prepare a written determination of whether the inclusion of
solar energy technology in the construction, reconstruction or
major renovation of the public building is appropriate. The
contracting agency shall include in the determination the total
contract price and the amount the agency intends to expend on the
inclusion of solar energy technology in the public building. The
State Department of Energy shall develop a form usable by
contracting agencies for preparing the written determination
described in this subsection.
(3) If the contracting agency determines that it would be
inappropriate to include solar energy technology in the
construction, reconstruction or major renovation of the public
building, subsection (1) of this section does not apply to the
public improvement contract. However:
(a) The contracting agency shall spend an amount equal to at
least 1.5 percent of the total contract price on the inclusion of
appropriate solar energy technology in a future public building
project; and
(b) The amount spent by the contracting agency on the future
public building project pursuant to paragraph (a) of this
subsection is in addition to any amount required under subsection
(1) of this section for the inclusion of appropriate solar energy
technology in the future public building project.
Enrolled House Bill 2620 (HB 2620-B) Page 1
(4) Subsection (3)(a) and (b) of this section does not apply to
a public improvement contract for which no state funds are
directly or indirectly used.
(5) This section does not exempt an authorized state agency, as
defined in ORS 276.905, from complying with ORS 276.900 to
276.915, except that an authorized state agency, without
complying with ORS 276.900 to 276.915, may determine that solar
energy technology described in this section is appropriate for
inclusion in the construction, reconstruction or major renovation
of a public building.
(6)(a) As used in this section, 'public building' means a
building owned or controlled by a public body, as defined in ORS
174.109, and:
(A) Used or occupied by employees of the public body; or
(B) Used for conducting public business.
(b) Notwithstanding the provisions of ORS 174.108 (3), this
section applies to intergovernmental entities described in ORS
174.108 (3). + }
SECTION 3. { + Public improvement contracts subject to section
2 of this 2007 Act are also subject to rules adopted by the State
Department of Energy that include, but are not limited to,
requirements and specifications for:
(1) Using particular solar energy systems or technologies in
public improvements;
(2) Determining the cost-effectiveness of solar energy systems
or technologies;
(3) Reporting the use of solar energy systems or technologies
in public improvements or submitting documents to the department
for review, as appropriate; and
(4) Determining whether a structure is a public building
subject to the requirements of section 2 of this 2007 Act. + }
SECTION 4. { + The State Department of Energy shall report to
the Seventy-fifth Legislative Assembly on or before January 31,
2009, and to the Seventy-sixth Legislative Assembly on or before
January 31, 2011, on the use of solar energy technology in the
construction, reconstruction and major renovation projects that
are subject to section 2 of this 2007 Act. + }
SECTION 5. { + Section 2 of this 2007 Act applies only to
public improvement contracts first advertised, but if not
advertised then entered into, on or after the effective date of
this 2007 Act. + }
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Enrolled House Bill 2620 (HB 2620-B) Page 2
Passed by House May 7, 2007
Repassed by House May 31, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 29, 2007
...........................................................
President of Senate
Enrolled House Bill 2620 (HB 2620-B) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2620 (HB 2620-B) Page 4