Oregon Revised Statutes

Or. Rev. Stat. § 469A.020 (2026)

Qualifying electricity; age of generating facility

✓ current as of May 2026

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469A.020 Qualifying electricity; age of generating facility. (1) Except as provided in this section, electricity may be used to comply with a renewable portfolio standard only if the electricity is generated by a facility that becomes operational on or after January 1, 1995.

(2) Electricity from a generating facility, other than a hydroelectric facility, that became operational before January 1, 1995, may be used to comply with a renewable portfolio standard if the electricity is attributable to capacity or efficiency upgrades made on or after January 1, 1995.

(3) Electricity from a hydroelectric facility that became operational before January 1, 1995, may be used to comply with a renewable portfolio standard if the electricity is attributable to efficiency upgrades made on or after January 1, 1995. If an efficiency upgrade is made to a Bonneville Power Administration facility, only that portion of the electricity generation attributable to Oregon’s share of the electricity may be used to comply with a renewable portfolio standard.

(4) Subject to the limit imposed by ORS 469A.025 (5), electricity from a hydroelectric facility that became operational before January 1, 1995, may be used to comply with a renewable portfolio standard if the facility is certified as a low-impact hydroelectric facility on or after January 1, 1995, by a national certification organization recognized by the State Department of Energy by rule, and if the facility is either:

(a) Owned by an electric utility; or

(b) Not owned by an electric utility and located in Oregon and licensed by the Federal Energy Regulatory Commission under the Federal Power Act, 16 U.S.C. 791a et seq., or exempt from such license.

(5) Electricity from a generating facility located in this state that uses biomass and that became operational before January 1, 1995, may be used to comply with a renewable portfolio standard if the facility meets the requirements of the federal Public Utility Regulatory Policies Act of 1978 (P.L. 95-617) on March 4, 2010.

(6) A facility located in this state that generates electricity from direct combustion of municipal solid waste and that became operational before January 1, 1995, may be used to comply with a renewable portfolio standard for up to 11 average megawatts of electricity generated per calendar year. [2007 c.301 §3; 2010 c.17 §1; 2010 c.71 §1; 2016 c.28 §4]

Notes of Decisions

Cited in 2 cases, 2010–2010 · leading case: Indus. Customers of Nw. Utils. v. Oregon Dep't of Energy, 241 P.3d 352 (Or. Ct. App. 2010).

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Indus. Customers of Nw. Utils. v. Oregon Dep't of Energy, 241 P.3d 352 (Or. Ct. App. 2010). · cites it 7× “” *131 The legislature identified “qualifying electricity” for a renewable energy certificate as, among other things, “electricity generated from a renewable energy source [that] may be used to comply with a renewable portfolio standard only if the facility that generates the…”

Indus. Customers of Nw. v. Odoe., 241 P.3d 352 (Or. Ct. App. 2010). · cites it 7× “" The legislature identified "qualifying electricity" for a renewable energy certificate as, among other things, "electricity generated from a renewable energy source [that] may be used to comply with a renewable portfolio standard only if the facility that generates the…”

— Or. Rev. Stat. § 469A.020(1) — 2 cases

Indus. Customers of Nw. Utils. v. Oregon Dep't of Energy, 241 P.3d 352 (Or. Ct. App. 2010). “” *131 The legislature identified “qualifying electricity” for a renewable energy certificate as, among other things, “electricity generated from a renewable energy source [that] may be used to comply with a renewable portfolio standard only if the facility that generates the…”

Indus. Customers of Nw. v. Odoe., 241 P.3d 352 (Or. Ct. App. 2010). “" The legislature identified "qualifying electricity" for a renewable energy certificate as, among other things, "electricity generated from a renewable energy source [that] may be used to comply with a renewable portfolio standard only if the facility that generates the…”

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