ORS tit. 57, ch. 757, GENERAL PROVISIONS, TEMPORARY PROVISIONS RELATING to CAPS ON AMOUNTS CHARGED FOR LARGER CONSUMERS OF RETAIL ELECTRICITY ARE COMPILED AS NOTES FOLLOWING ORS 757.054
ORS tit. 57, ch. 757, GENERAL PROVISIONS, TEMPORARY PROVISIONS RELATING to CAPS ON AMOUNTS CHARGED FOR LARGER CONSUMERS OF RETAIL ELECTRICITY ARE COMPILED AS NOTES FOLLOWING ORS 757.054
757.054 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.
Sections 3 and 4, chapter 547, Oregon Laws 2021, provide:
Sec. 3. Caps on amounts charged for larger consumers of retail electricity. (1) As used in this section:
(a) "Single contiguous area" includes an area of land crossed by a public or railroad right of way, but does not include infrastructure facilities located within the public or railroad right of way for purposes of determining whether the single contiguous area of land constitutes a site.
(b) "Site" means:
(A) 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;
(B) A single contiguous area of land containing buildings or other structures within which each building or structure is no more than 1,000 feet from at least one other building or structure, if the buildings and structures and the land containing and connecting the buildings and structures are all owned by a single retail electricity consumer, either directly or through a wholly owned subsidiary, that is billed for electricity use at the buildings and structures; or
(C) For any single retail electricity consumer, each account of the retail electricity consumer that has exceeded 4,000 kilowatts at least twice within the most recent 13-month period and for which the retail electricity consumer maintains a load factor of 80 percent or greater, if the combined electricity usage across all of the accounts described in this subparagraph, in the aggregate, equals 100 average megawatts or more in a calendar year.
(2) For the period beginning on the effective date of this 2021 Act [September 25, 2021] and ending December 31, 2025, a retail electricity consumer that uses more than one average megawatt of electricity at any site in the prior year may not be charged an amount in rates pursuant to ORS 757.054 (4) that exceeds 1.7 percent of the total revenue received from the sale of electricity services to the site from any source.
(3) For the period beginning January 1, 2026, and ending December 31, 2035, the combined annual amount charged under ORS 757.054 and 757.612 to a retail electricity consumer that uses more than one average megawatt and less than 10 average megawatts of electricity at any site in the prior year may not exceed $250,000.
(4)(a) For the period beginning January 1, 2026, and ending December 31, 2030, the combined annual amount charged under ORS 757.054 and 757.612 to a retail electricity consumer that uses more than 10 average megawatts of electricity at any site in the prior year may not exceed $4 million.
(b) For the period beginning January 1, 2031, and ending December 31, 2035, the combined annual amount charged under ORS 757.054 and 757.612 to a retail electricity consumer that uses more than 10 average megawatts of electricity at any site in the prior year may not exceed $4.5 million. [2021 c. 547, § 3]
Sec. 4. Section 3 of this 2021 Act is repealed on January 2, 2036. [2021 c. 547, § 4]