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OregonHB 40762026 Regular SessionHouse

Relating to energy; and prescribing an effective date.

Sponsored By: John Lively (Democratic)

Became Law

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 0 costs, 3 mixed.

Stronger county rules for big renewables

Counties use Energy Facility Siting Council standards they find applicable when issuing renewable energy permits. Applicants must consult fish and wildlife experts, assess habitat, and follow mitigation rules. They must protect historic, cultural, and archaeological resources. They must show the site can be restored and provide financial assurances; large solar sites and wind plants 50 to under 100 megawatts need a decommissioning plan with bonding or security. The law defines covered projects: solar over 100 to 240 acres on high‑value farm land (larger ranges for other land types), geothermal 35 to under 50 megawatts, and wind 35 to under 100 megawatts.

Fewer state land-use limits and appeals

The Energy Facility Siting Council is not subject to ORS 197.180, and state agencies cannot force applicants to follow rules under that statute. If an applicant uses the expedited path and local approval comes after filing for it, courts can only review as ORS 469.403 allows. These changes reduce some state land‑use limits and appeals in EFSC siting.

Siting exception for surplus grid capacity

The law creates a narrow siting exception for projects that use an existing facility’s unused interconnection and do not need new transmission lines more than two miles from that site. Counties may approve an exception on farm land only with those facts and written findings on land availability, infrastructure, safety, compatibility, mitigation, and legal compliance. This helps site projects near existing grid ties.

Counties update plans, get state help

Affected local governments must update their comprehensive plans and land‑use rules to match Council siting decisions by their next periodic review. The State Department of Energy, with other agencies, provides technical help and siting information to local governments that ask or expect a project.

More notice and agency review on permits

When a county gets a renewable energy permit application, it must quickly send notice with project details, parcels, and comment dates. Notices go to state energy, fish and wildlife, the state historic officer, aviation, the U.S. Department of Defense, and any affected tribes. Applicants and counties may sign county‑run cost‑reimbursement agreements so agencies or tribes review and comment after giving a reasonable cost estimate.

Sponsors & Cosponsors

Sponsor

  • John Lively

    Democratic • House

Cosponsors

  • James Manning Jr.

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 120 • No: 19

House vote • 3/4/2026

House concurred in Senate amendments and repassed bill.

Yes: 41 • No: 13

Senate vote • 3/3/2026

Third reading. Carried by Smith DB. Passed.

Yes: 28 • No: 0

Senate vote • 2/25/2026

Energy and Environment: Heard and Reported Out with Amendments

Yes: 4 • No: 0

House vote • 2/20/2026

Third reading. Carried by Gamba. Passed.

Yes: 36 • No: 5

House vote • 2/12/2026

Climate, Energy, and Environment: Heard and Reported Out with Amendments

Yes: 11 • No: 1

Actions Timeline

  1. Chapter 46, (2026 Laws): Effective date June 5, 2026.

    4/6/2026House

  2. Governor signed.

    3/31/2026House

  3. President signed.

    3/6/2026Senate

  4. Speaker signed.

    3/5/2026House

  5. House concurred in Senate amendments and repassed bill.

    3/4/2026House

  6. Potential conflict(s) of interest declared by Scharf.

    3/4/2026House

  7. Third reading. Carried by Smith DB. Passed.

    3/3/2026Senate

  8. Second reading.

    3/2/2026Senate

  9. Recommendation: Do pass with amendments to the A-Eng. bill. (Printed B-Eng.)

    2/27/2026Senate

  10. Public Hearing and Work Session held.

    2/25/2026Senate

  11. Referred to Energy and Environment.

    2/20/2026Senate

  12. First reading. Referred to President's desk.

    2/20/2026Senate

  13. Third reading. Carried by Gamba. Passed.

    2/20/2026House

  14. Rules suspended. Carried over to February 20, 2026 Calendar.

    2/19/2026House

  15. Rules suspended. Carried over to February 19, 2026 Calendar.

    2/18/2026House

  16. Second reading.

    2/17/2026House

  17. Recommendation: Do pass with amendments and be printed A-Engrossed.

    2/16/2026House

  18. Public Hearing and Work Session held.

    2/12/2026House

  19. Referred to Climate, Energy, and Environment.

    2/2/2026House

  20. First reading. Referred to Speaker's desk.

    2/2/2026House

Bill Text

  • Enrolled

    3/4/2026

    PDF

  • B-Engrossed

    2/27/2026

    PDF

  • Senate Amendments to A-Engrossed

    2/27/2026

    PDF

  • SEE Amendment -A2 (Adopted)

    2/25/2026

    PDF

  • SEE Amendment -A3 (Proposed)

    2/25/2026

    PDF

  • A-Engrossed

    2/16/2026

    PDF

  • House Amendments to Introduced

    2/16/2026

    PDF

  • HCEE Amendment -1 (Adopted)

    2/12/2026

    PDF

  • Introduced

    1/28/2026

    PDF

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