Title 36A, Housing; Lottery and Games; Environment

(1) ORS 469.275 to 469.279 do not require an eligible building owner to take action to comply with ORS 469.275 to 469.279: (a) If the eligible building owner owns a tier 2 building; or (b) Before the State Department of Energy adopts an energy performance standard under ORS 469.2…

(1)(a) Not later than December 31, 2024, the State Department of Energy by rule shall establish a requirement and standards under which eligible building owners of tier 2 buildings must provide to the department data that would enable the department to establish a benchmark for e…

(1) As used in this section, “person” means an individual, corporation, nonprofit corporation, professional corporation, limited liability company, partnership, limited partnership, limited liability partnership, cooperative, business trust, joint venture or other form of busines…

(1) The State Department of Energy by rule shall establish a program to pay incentives to eligible building owners that implement ANSI/ASHRAE/IES Standard 100 or the energy performance standard described in ORS 469.277 for covered commercial buildings before adoption and implemen…

As used in ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992, unless the context requires otherwise: (1) “Applicant” means any person who makes application for a site certificate in the manner provided in ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.9…

In the interests of the public health and the welfare of the people of this state, it is the declared public policy of this state that the siting, construction and operation of energy facilities shall be accomplished in a manner consistent with protection of the public health and…

(1) Except as provided in subsections (2) and (5) of this section, no facility shall be constructed or expanded unless a site certificate has been issued for the site thereof in the manner provided in ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992. No facility sh…

(1) Each applicant for a site certificate shall submit to the Energy Facility Siting Council a notice of intent to file an application for a site certificate. The notice of intent must provide information about the proposed site and the characteristics of the facility sufficient …

(1) Applications for site certificates shall be made to the Energy Facility Siting Council in a form prescribed by the council and accompanied by the fee required by ORS 469.421. (2) Copies of the notice of intent and of the application shall be sent for comment and recommendatio…

(1) The Energy Facility Siting Council shall evaluate each notice of intent, site certificate application or request for expedited review. (2) Pursuant to a written contract or agreement, the council may compensate a state agency or a local government affected by the application …

(1) Based on its review of the application and the comments and recommendations on the application from state agencies and local governments, the State Department of Energy shall prepare and issue a draft proposed order on the application. (2) Following issuance of the draft prop…

(1) Notwithstanding the expedited review process established pursuant to ORS 469.370, an applicant may apply under the provisions of this section for expedited review of an application for a site certificate for an energy facility if the energy facility: (a) Is a combustion turbi…

The Energy Facility Siting Council shall not issue a site certificate for a waste disposal facility for uranium mine overburden or uranium mill tailings, mill wastes or mill by-product or for radioactive waste or radioactively contaminated containers or receptacles used in the tr…

Notwithstanding ORS 197.180, when a state agency action or recommendation concerning an energy facility requires a land use compatibility statement prior to the action being completed, the state agency shall satisfy any applicable requirement of ORS 197.180 by conditioning the ag…

(1) Upon approval, the site certificate or any amended site certificate with any conditions prescribed by the Energy Facility Siting Council shall be executed by the chairperson of the council and by the applicant. The certificate or amended certificate shall authorize the applic…

If the Energy Facility Siting Council elects to impose conditions on a site certificate or an amended site certificate, that require subsequent review and approval of a future action, the council may delegate the future review and approval to the State Department of Energy if, in…

(1) The Energy Facility Siting Council shall include in all of the council’s final orders approving or rejecting an application for a site certificate or amended site certificate any decisions related to or arising from a contested case on the application. Any party or limited pa…

(1) A site certificate may be amended with the approval of the Energy Facility Siting Council. The council may establish by rule the type of amendment that may be considered in a contested case proceeding. Notwithstanding ORS 183.482 and 183.484, judicial review of the council’s …

(1) A recipient may by amendment of its application for a site certificate or by amendment of its site certificate increase the capacity of the facility if the Energy Facility Siting Council finds that: (a) The facility will satisfy the conditions of the 500-megawatt exemption, u…

Any site certificate holder that is required by its site certificate or by law to demonstrate need for the facility shall instead demonstrate compliance with the carbon dioxide emissions standard applicable to the type of facility subject to the site certificate before beginning …

(1) Any applicant for a site certificate for an energy facility shall be deemed to have met all the requirements of ORS 176.820, 192.338, 192.345, 192.355, 192.690, 469.010 to 469.155, 469.300 to 469.563, 469.990, 757.710 and 757.720 relating to eligibility for a site certificate…

Notwithstanding ORS 469.320 and 469.405, the Energy Facility Siting Council may not: (1) Issue a site certificate for a new generating facility that produces electric power from fossil fuels, including natural gas, petroleum, coal or any form of solid, liquid or gaseous fuel deri…

(1) Subject to the provisions of ORS 469.441, any person submitting a notice of intent, a request for exemption under ORS 469.320, a request for an expedited review under ORS 469.370, a request for an expedited review under ORS 469.373, a request for the State Department of Energ…

(1) As used in this section, “energy resource supplier” has the meaning given that term in ORS 469.421. (2)(a) If the State Department of Energy submits comments or written or oral testimony in a rulemaking, contested case, ratemaking or other proceeding conducted by another agen…

(1) The Director of the State Department of Energy shall convene an advisory work group composed of stakeholders representing energy resource suppliers, the customers who ultimately pay for the energy supplier assessment imposed under ORS 469.421 (8) through their energy bills an…

(1) The Energy Facility Siting Council has continuing authority over the site for which the site certificate is issued, including but not limited to the authority to: (a) Inspect, or direct the State Department of Energy to inspect, or request another state agency or local govern…

Pursuant to the procedures for contested cases in ORS chapter 183, a site certificate or an amended site certificate may be revoked or suspended: (1) For failure to comply with the terms or conditions of the site certificate or amended site certificate; (2) For violation of the p…

(1) All expenses incurred by the Energy Facility Siting Council and the State Department of Energy under ORS 469.360 and 469.421 that are charged to or allocated to the fee paid by an applicant or the holder of a site certificate shall be necessary, just and reasonable. Upon requ…

(1) Any person who proposes to construct a transmission line in excess of 230,000 volts capacity that is not otherwise under the jurisdiction of the Energy Facility Siting Council shall: (a) Give public notice of the proposed action at least six months before beginning any proces…

(1) There is established in the State Department of Energy an Energy Facility Siting Council, consisting of seven public members, who shall be appointed by the Governor, subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565. (2) The term of off…

(1) The Energy Facility Siting Council shall annually elect from among its members a chairperson and vice chairperson with such powers and duties as the council imposes in accordance with ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992. The council may meet as oft…

The Energy Facility Siting Council shall: (1) Conduct and prepare, independently or in cooperation with others, studies, investigations, research and programs relating to all aspects of site selection. (2) In accordance with the applicable provisions of ORS chapter 183, and subje…

(1) The Energy Facility Siting Council shall designate as a special advisory group the governing body of any local government within whose jurisdiction the facility is proposed to be located. (2) In addition to advisory groups required by subsection (1) of this section the counci…

All rules adopted by the Energy Facility Siting Council pursuant to ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992 shall be adopted in the manner required by ORS chapter 183. The validity of any rule adopted by the council may be determined only upon a petition b…

(1) The Energy Facility Siting Council shall adopt standards for the siting, construction, operation and retirement of facilities. The standards may address but need not be limited to the following subjects: (a) The organizational, managerial and technical expertise of the applic…

In order to issue a site certificate, the Energy Facility Siting Council shall determine that the preponderance of the evidence on the record supports the following conclusions: (1) The facility complies with the applicable standards adopted by the council pursuant to ORS 469.501…

(1) A proposed facility shall be found in compliance with the statewide planning goals under ORS 469.503 (4) if: (a) The facility has received local land use approval under the acknowledged comprehensive plan and land use regulations of the affected local government; or (b) The E…

(1) In making a determination regarding compliance with statutes, rules and ordinances administered by another agency or compliance with requirements of ORS 469.300 to 469.563 and 469.590 to 469.619 where another agency has special expertise, consultation with the other agency sh…

(1) The site certificate holder shall establish programs for monitoring the environmental and ecological effects of the construction and operation of facilities subject to site certificates to assure continued compliance with the terms and conditions of the certificate. The progr…

(1) Each state agency and political subdivision in this state that is concerned with energy facilities shall inform the State Department of Energy, promptly of its activities and programs relating to energy and radiation. (2) Each state agency proposing to adopt, amend or rescind…

(1) Notwithstanding any other provision of this chapter, no radioactive waste shall be disposed of within this state, no person may arrange for disposal of radioactive waste within this state, no person may transport radioactive waste for disposal in this state and no waste dispo…

The Energy Facility Siting Council and the Director of the State Department of Energy shall review and approve all security programs attendant to a nuclear-fueled thermal power plant, a nuclear installation and the transportation of radioactive material derived from or destined f…

Notwithstanding ORS chapter 401, the State Department of Energy in cooperation with the Oregon Health Authority and the Oregon Department of Emergency Management shall establish rules for the protection of health and procedures for the evacuation of people and communities who wou…

Each county in this state that has a nuclear-fueled thermal power plant located within county boundaries and each county within this state that has any portion of its area located within 50 miles of a site within this state of a nuclear-fueled thermal power plant shall develop wr…

Notwithstanding ORS chapter 401, when an emergency exists because of an accident or catastrophe in the operation of a nuclear power plant or nuclear installation or in the transportation of radioactive material, the Governor, for the duration of the emergency, may: (1) Assume com…

A public utility which operates a nuclear power plant or nuclear installation shall disseminate to the governing bodies of cities and counties that may be affected information approved by the State Department of Energy which explains rules or procedures adopted under ORS 469.533.…

(1) In instances where the Director of the State Department of Energy determines either from the monitoring or surveillance of the director that there is danger of violation of a safety standard adopted under ORS 469.501 from the continued operation of a plant or installation, th…

(1) Whenever in the judgment of the Director of the State Department of Energy from the results of monitoring or surveillance of operation of any nuclear-fueled thermal power plant or nuclear installation or based upon information from the Energy Facility Siting Council there is …

(1) Any person desiring to construct or operate an active uranium mill or uranium mill tailings disposal facility after June 25, 1979, shall file with the Energy Facility Siting Council a site certificate application. (2) The Energy Facility Siting Council shall review an applica…

The Energy Facility Siting Council shall adopt rules governing the location, construction and operation of uranium mills and uranium mill tailings disposal facilities and the treatment, storage and disposal of uranium mine overburden for the protection of the public health and sa…