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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
House Bill 3546
Sponsored by Representatives MARSH, OWENS, Senator SOLLMAN, Representative GRAYBER,
Senator GOLDEN; Representatives ANDERSEN, BOWMAN, CHOTZEN, DOBSON, FAHEY,
FRAGALA, HUDSON, JAVADI, KROPF, MCDONALD, MCLAIN, NGUYEN H, SOSA, TRAN,
WALTERS, WATANABE, Senators CAMPOS, GELSER BLOUIN, GORSEK, JAMA, MANNING
JR, MEEK, NERON, PATTERSON, PHAM K
CHAPTER .................................................
AN ACT
Relating to large energy use facilities; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
Sections 2 and 5 of this 2025 Act are added to and made a part of ORS
chapter 757.
SECTION 2. (1) As used in this section and section 5 of this 2025 Act:
(a) “Costs of serving” includes, as applicable, the costs incurred by an electric company
in providing transmission, distribution, energy, capacity or ancillary electricity services, and
any related costs or associated risks with serving a class of retail electricity consumers or
a retail electricity consumer.
(b) “Electric company” and “retail electricity consumer” have the meanings given those
terms in ORS 757.600.
(c) “Facility” means all buildings, equipment, structures and other stationary items that
are located on a single site or on contiguous or adjacent sites and that are owned or operated
by the same person or by any person who controls, is controlled by or is under common
control with such person.
(d) “Large energy use facility” means a facility that uses or is able to use 20 megawatts
or more and is primarily engaged in providing a service described under code 518210 of the
2022 North American Industry Classification System.
(2) The Public Utility Commission shall provide for a classification of service under ORS
757.230 for retail electricity consumers that are large energy use facilities. The classification
of service must be separate and distinct from classifications of service for other commercial
or industrial retail electricity consumers and have its own tariff schedule. Any tariff sched-
ule adopted by the commission for the class must:
(a)(A) Allocate the costs of serving the class of retail electricity consumers that are
large energy use facilities to the class in a manner that is equal or proportional to the costs
of serving the class; or
(B) Directly assign the costs of serving a retail electricity consumer that is a large en-
ergy use facility to the retail electricity consumer;
(b) Meet the same conditions the commission requires for a contract under section 5
(1)(b)(A)(v) of this 2025 Act; and
Enrolled House Bill 3546 (HB 3546-B) Page 1
(c) Mitigate the risk of:
(A) Other classes of retail electricity consumers paying unwarranted costs; and
(B) Shifting the costs, in an unwarranted manner, of serving a retail electricity con-
sumer that is a large energy use facility to other classes of retail electricity consumers, in-
cluding costs of an electric company to meet load requirements resulting from the provision
of electricity service to a retail electricity consumer that is a large energy use facility.
(3) In deciding whether to approve a proposed tariff schedule of an electric company for
a classification of service described under subsection (2) of this section, the commission shall
consider whether the rates:
(a) Result in, or have the potential to result in, increased costs or unwarranted risk to
other retail electricity consumers;
(b) Provide for equitable contributions to grid efficiency, reliability and resiliency bene-
fits;
(c) Impede the electric company’s ability to meet the clean energy targets set forth in
ORS 469A.410 or reduce the emissions of greenhouse gases consistent with state policy;
(d) Allow for procurement of or contracts for generation resources that support the
electric company’s ability to meet the clean energy targets set forth in ORS 469A.410 or re-
duce the emissions of greenhouse gases consistent with state policy; and
(e) Meet any other conditions the commission may require in the public interest.
SECTION 3.
An electric company and a retail electricity consumer that is a large energy
use facility are not required to use a classification of service provided for under section 2
of this 2025 Act if the Public Utility Commission has not approved for the electric company
a tariff schedule for the classification of service.
SECTION 4. Section 3 of this 2025 Act is repealed on January 2, 2028.
SECTION 5. (1)(a) The Public Utility Commission shall require an electric company that
is providing electricity service to a retail electricity consumer that is a large energy use fa-
cility to enter into a contract with the retail electricity consumer that covers the provision
of the electricity service, including, as applicable, transmission, distribution, energy, capacity
or ancillary electricity services.
(b) Any contract for the provision of electricity service entered into between an electric
company and a retail electricity consumer that is a large energy use facility:
(A) Must:
(i) Be consistent with the criteria listed under section 2 (3) of this 2025 Act;
(ii) Specify the duration of the contract and be for a duration for 10 years or longer;
(iii) Specify the date or estimated date that the electric company will begin to provide
electricity service to the retail electricity consumer;
(iv) Obligate the retail electricity consumer to pay a minimum amount or percentage,
as determined by the commission, based on the retail electricity consumer’s projected elec-
tricity usage for the electricity services the electric company is contracted to provide for the
duration of the contract; and
(v) Meet any other conditions the commission may require in the public interest; and
(B) May include a charge for excess demand for the electricity services the electric
company is contracted to provide that is in addition to the tariff schedule.
(2) If an electric company fails to begin to provide electricity service on or by the date
or estimated date specified in a contract entered into under this section due to causes within
the electric company’s reasonable control, the electric company shall provide the retail
electricity consumer notice of the delay as soon as reasonably practicable. A contract en-
tered into under this section may include terms and conditions that address the possibility
of a delay due to causes within the reasonable control of the parties to the contract.
(3) A contract, as described under subsection (1) of this section, may not prevent the
commission from carrying out the commission’s duties under this section or section 2 of this
2025 Act.
Enrolled House Bill 3546 (HB 3546-B) Page 2
(4) Nothing in this section or section 2 of this 2025 Act is intended to limit or restrict the
ability of a retail electricity consumer that is a large energy use facility from using direct
access under ORS 757.603 to 757.667 or a green power rate under ORS 469A.205, a voluntary
renewable energy tariff or a special contract, as approved by the commission, except the
contract must meet the requirements and be consistent with the provisions of this section.
SECTION 6.
Section 5 of this 2025 Act applies to retail electricity consumers that are
large energy use facilities that:
(1) Enter into a contract for electricity service with an electric company on or after the
effective date of this 2025 Act; or
(2) Enter into a contract for electricity service with an electric company before the ef-
fective date of this 2025 Act, if the provision of electricity service requires the electric
company to make significant investments or incur costs after the effective date of this 2025
Act that could result in increased costs or risks to other retail electricity consumers of the
electric company.
SECTION 7. No later than September 1 of each even-numbered year, the Public Utility
Commission shall submit a report in the manner provided by ORS 192.245, and may include
recommendations for legislation, to the interim committees of the Legislative Assembly re-
lated to energy. The report shall review trends in load requirements and other implications
from retail electricity consumers that are large energy use facilities, as defined in section 2
of this 2025 Act, and other retail electricity consumers that use large amounts of electricity.
In providing the report, the commission must protect proprietary information as provided
for under rules or orders of the commission.
SECTION 8.
Section 7 of this 2025 Act is repealed on January 2, 2035.
SECTION 9. This 2025 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2025 Act takes effect
on its passage.
Passed by House April 22, 2025
Repassed by House June 5, 2025
..................................................................................
Timothy G. Sekerak, Chief Clerk of House
..................................................................................
Julie Fahey, Speaker of House
Passed by Senate June 3, 2025
..................................................................................
Rob Wagner, President of Senate
Received by Governor:
........................M.,........................................................., 2025
Approved:
........................M.,........................................................., 2025
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2025
..................................................................................
Tobias Read, Secretary of State
Enrolled House Bill 3546 (HB 3546-B) Page 3