(1) Except as provided in this section, an electric utility that makes sales of electricity to retail electricity consumers in an amount that equals less than three percent of all electricity sold to retail electricity consumers is not subject to ORS § 469A.005 to 469A.210.

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(2) Beginning in calendar year 2025, at least five percent of the electricity sold to retail electricity consumers in a calendar year by an electric utility must be qualifying electricity if the electric utility makes sales of electricity to retail electricity consumers in an amount that equals less than one and one-half percent of all electricity sold to retail electricity consumers.

(3) Beginning in calendar year 2025, at least 10 percent of the electricity sold to retail electricity consumers in a calendar year by an electric utility must be qualifying electricity if the electric utility makes sales of electricity to retail electricity consumers in an amount that equals or is more than one and one-half percent, and less than three percent, of all electricity sold to retail electricity consumers.

(4) The exemption provided by subsection (1) of this section terminates if an electric utility, or a joint operating entity that includes the electric utility as a member, acquires electricity from an electricity generating facility that uses coal as an energy source or makes an investment on or after June 6, 2007, in an electricity generating facility that uses coal as an energy source. Beginning in the calendar year following the year in which an electric utility’s exemption terminates under this subsection, the electric utility is subject to the renewable portfolio standard described in ORS § 469A.052 (3) and the provisions of ORS § 469A.005 to 469A.210 that apply to ORS § 469A.052 (3). This subsection does not apply to:

(a) A wholesale market purchase by an electric utility for which the energy source for the electricity is not known;

(b) BPA electricity;

(c) Acquisition of electricity under a contract entered into before June 6, 2007;

(d) A renewal or replacement contract for a contract for purchase of electricity described in paragraph (c) of this subsection;

(e) A purchase of electricity if the electricity is included in a contract for the purchase of qualifying electricity and is necessary to shape, firm or integrate the qualifying electricity;

(f) Electricity provided to an electric utility under a contract for the acquisition of an interest in an electricity generating facility that was entered into by the electric utility before June 6, 2007, or entered into before June 6, 2007, by an electric cooperative organized under ORS Chapter 62 of which the electric utility is a member, without regard to whether the electricity is being used to serve the load of the electric utility on June 6, 2007; or

(g) Investments in an electricity generating facility that uses coal as an energy source if the investments are for the purpose of improving the facility’s pollution mitigation equipment or the facility’s efficiency or are necessary to comply with requirements or standards imposed by governmental entities.

(5) The exemption provided by subsection (1) of this section terminates for a consumer-owned utility if the consumer-owned utility acquires service territory of an electric utility without the consent of the electric utility. Except as provided in subsection (6) of this section, beginning in the calendar year following the year in which a consumer-owned utility’s exemption terminates under this subsection, the consumer-owned utility is subject to the renewable portfolio standard described in ORS § 469A.052 (3) and the provisions of ORS § 469A.005 to 469A.210 that apply to ORS § 469A.052 (3).

(6) If an electric utility acquires service territory of another electric utility without the consent of the electric utility from which service territory was acquired, then beginning in the calendar year following the acquisition, the percentage of the acquiring electric utility’s electricity sold to all retail electricity consumers of the acquiring electric utility that is sold to retail electricity consumers that are located in the acquired service territory is subject to the renewable portfolio standard that is applicable to the electric utility from which service territory was acquired and the provisions of ORS § 469A.005 to 469A.210 that apply to the renewable portfolio standard.

(7) The provisions of this section do not authorize the acquisition by a municipal electric utility of service territory of a people’s utility district organized under ORS Chapter 261.

(8) The provisions of this section do not affect the requirement that electric utilities offer a green power rate under ORS § 469A.205. [2007 c.301 § 7; 2016 c.28 § 8]