Oregon Revised Statutes

Or. Rev. Stat. § 469A.400 (2026)

Definitions for ORS 469A.400 to 469A.475

✓ current as of May 2026
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      469A.400 Definitions for ORS 469A.400 to 469A.475. As used in ORS 469A.400 to 469A.475:

      (1) “Baseline emissions level” means:

      (a) For an electric company, the average annual emissions of greenhouse gas for the years 2010, 2011 and 2012 associated with the electricity sold to retail electricity consumers as reported under ORS 468A.280, or rules adopted pursuant thereto.

      (b) Except as provided in paragraph (c) of this subsection, for an electricity service supplier, 0.428 metric tons of carbon dioxide equivalent per megawatt-hour associated with the electricity sold by the electricity service supplier to retail electricity consumers as reported under ORS 468A.280, or rules adopted pursuant thereto.

      (c) For an electricity service supplier that is first certified under ORS 757.649 on or after September 25, 2021, the baseline emissions level defined in paragraph (b) of this subsection shall be adjusted downward in the certification of the electricity service supplier under ORS 757.649 to a level that:

      (A) Reflects the continual progress made by other electricity service suppliers toward meeting the clean energy targets set forth in ORS 469A.410, as demonstrated under ORS 469A.420 (3); and

      (B) Prevents the creation of a competitive disadvantage among electricity service suppliers.

      (2) “Community-based renewable energy” means one or more renewable energy systems that interconnect to utility distribution or transmission assets and may be combined with microgrids, storage systems or demand response measures, or energy-related infrastructure that promotes climate resiliency or other such measures, and that:

      (a) Provide a direct benefit to a particular community through a community-benefits agreement or direct ownership by a local government, nonprofit community organization or federally recognized Indian tribe; or

      (b) Result in increased resiliency or community stability, local jobs, economic development or direct energy cost savings to families and small businesses.

      (3) “Electric company,” “electricity service supplier” and “electric utility” have the meanings given those terms in ORS 757.600.

      (4) “Environmental justice” means equal protection from environmental and health hazards and meaningful public participation in decisions that affect the environment in which people live, work, learn, practice spirituality and play.

      (5) “Environmental justice communities” includes communities of color, communities experiencing lower incomes, tribal communities, rural communities, coastal communities, communities with limited infrastructure and other communities traditionally underrepresented in public processes and adversely harmed by environmental and health hazards, including seniors, youth and persons with disabilities.

      (6) “Greenhouse gas” has the meaning given that term in ORS 468A.210.

      (7) “Nonemitting electricity” means electricity, including hydroelectricity, that is generated and may be stored in a manner that does not emit greenhouse gas into the atmosphere.

      (8) “Retail electricity consumer” means a retail electricity consumer, as defined in ORS 757.600, that is serviced by a retail electricity provider and located in this state.

      (9) “Retail electricity provider” means an electric company or electricity service supplier. [2021 c.508 §1]

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2025–2026 · leading case: NewSun Energy v. Pub. Util. Comm., 346 Or. App. 279 (Or. Ct. App. 2025).
NewSun Energy v. Pub. Util. Comm., 346 Or. App. 279 (Or. Ct. App. 2025). “405(2) provides that one of those policy objectives is to achieve certain ancil- lary benefits for Oregon communities “to the maximum extent practicable”: 1 HB 2021 (2021) is codified at ORS 469A.400 et seq., and in amendments to other statutes not at issue here.”
NewSun Energy LLC v. PUC (Or. Ct. App. 2026). “Or Laws 2021, ch 508, codified at ORS 469A.400 - 469A.475. HB 2021 represents a logical extension of the earlier 304 NewSun Energy LLC v.”
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