(1) If the Public Utility Commission requires funds collected pursuant to ORS 757.054, through natural gas tariffs or through public purpose charges pursuant to ORS 757.612 to be paid to a nongovernmental entity, the entity shall: (a) Include on the entitys board of directors an ex officio member designated by the commission, who shall also serve on the entitys nominating committee for filling board vacancies. (b) Require the entitys officers and directors to provide an annual disclosure of economic interest to be filed with the commission on or prior to April 15 of each calendar year for public review in a form similar to the statement of economic interest required for public officials under ORS 244.060. (c) Require the entitys officers and directors to declare actual and potential conflicts of interest at regular meetings of the entitys governing body when such conflicts arise, and require an officer or director to abstain from participating in any discussion or voting on any item where that officer or director has an actual conflict of interest. For the purposes of this paragraph, actual conflict of interest and potential conflict of interest have the meanings given those terms in ORS 244.020. (d) Annually, arrange for an independent auditor to audit the entitys financial statements, and direct the auditor to file an audit opinion with the commission for public review. (e) With public utilities, jointly develop public utility-specific budgets, action plans and agreements that detail the entitys public utility-specific planned activities, resources and technologies pursuant to ORS 757.054 and 757.612 (3)(b)(B), including coordinated activities that require joint investment and deployment. Each action plan must reflect stakeholder feedback gathered through a public process managed by the entity and the relevant public utility as overseen by the commission. (f) File with the commission the entitys budget, action plan and quarterly and annual reports for public review. The entitys budget and action plan must include the budget and action plans jointly developed with public utilities under paragraph (e) of this subsection. (g) At least once every five years, contract for an independent management evaluation to review the entitys operations, efficiency and effectiveness, and direct the independent reviewer to file a report with the commission for public review. (2) The commission may remove from the board of directors of a nongovernmental entity an officer or director who fails to provide an annual disclosure of economic interest, or who fails to declare an actual or potential conflict of interest, as described in this section, if the failure is connected to the allocation or expenditure of funds collected pursuant to ORS 757.054, through natural gas tariffs or through public purpose charges pursuant to ORS 757.612 and paid to the entity.
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