(1) Each contracting agency, in soliciting, awarding and administering public improvement contracts that are subject to ORS § 279C.527, is subject to rules the State Department of Energy adopts that include, but are not limited to, requirements, methods and specifications for:

(a) Using particular green energy technologies in public improvements;

(b) Determining the cost-effectiveness of green energy technologies;

(c) Determining the total solar resource fraction that applies to a public building or to a site on which a contracting agency will construct green energy technology;

(d) Including particular costs in the total contract price for a public building;

(e) Improving energy use efficiency in a public building;

(f) Submitting documents required under ORS § 279C.527 to the department for review; and

(g) Determining whether a structure is a public building subject to the requirements of ORS § 279C.527.

(2)(a) Each contracting agency shall collect and maintain information concerning the contracting agency’s compliance with ORS § 279C.527, which must include, at a minimum:

(A) Records that show how the contracting agency expended moneys to include appropriate green energy technology as part of constructing, reconstructing or performing a major renovation of a public building or for a purpose described in ORS § 279C.527 (4);

(B) An identification of each public improvement contract for which the contracting agency expended moneys to include appropriate green energy technology as part of constructing, reconstructing or performing a major renovation of a public building or for a purpose described in ORS § 279C.527 (4);

(C) An identification of each public improvement contract for which the contracting agency determined that including green energy technology as part of constructing, reconstructing or performing a major renovation of a public building, and that making an expenditure for a purpose described in ORS § 279C.527 (4), was not appropriate;

(D) The total amount the contracting agency would have expended on each public improvement contract identified in subparagraph (C) of this paragraph and the total aggregated amount that the contracting agency must expend to include green energy technology as part of constructing, reconstructing or performing a major renovation of a future public building or for a purpose described in ORS § 279C.527 (4); and

(E) An identification of each public improvement contract that uses moneys the contracting agency did not expend on a previous public improvement contract for including appropriate green energy technology as part of constructing, reconstructing or performing a major renovation of a public building or for a purpose described in ORS § 279C.527 (4).

(b) Each contracting agency shall compile the information the contracting agency collected under paragraph (a) of this subsection and report the information to the department at times, in a manner and on forms that the department specifies by rule.

(c) The department shall:

(A) Compile and summarize the information the department receives under paragraph (b) of this subsection and, in the department’s compilation and summary, specifically:

(i) Identify contracting agencies that have not complied with the requirements of ORS § 279C.527 or the reporting requirements set forth in paragraph (b) of this subsection;

(ii) Identify public improvement contracts for which contracting agencies have determined that including green energy technology as part of constructing, reconstructing or performing a major renovation of a public building, and that making an expenditure for a purpose described in ORS § 279C.527 (4), was not appropriate; and

(iii) Identify public improvement contracts that use moneys a contracting agency did not expend on a previous public improvement contract on including appropriate green energy technology as part of constructing, reconstructing or performing a major renovation of a public building or for a purpose described in ORS § 279C.527 (4).

(B) Deliver annually to the Legislative Assembly, on or before the date on which each regular session of the Legislative Assembly begins, a report concerning contracting agency compliance with this section and ORS § 279C.527 that includes the compilation and summary the department prepared under subparagraph (A) of this paragraph. [2007 c.310 § 3; 2012 c.83 § 2; 2013 c.612 § 2; 2015 c.424 § 2; 2017 c.735 § 2; 2019 c.160 § 2]

See note under 279C.527.