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The Department of State Lands has initiated rulemaking to codify the requirements of recent administrative and legislative actions affecting the placement of ocean renewable energy devices in the territorial sea. These actions include adoption of Part 5 of the Territorial Sea Plan by the Land Conservation and Development Commission; enactment of HB 2694 (2013) – establishing seafloor data sharing requirements; enactment of SB 606 (2013) – amending financial assurance and civil penalty statutes for ocean renewable energy projects; and enactment of SB 319 (2015) refining the Department’s regulatory and proprietary roles in siting ocean renewable energy projects. SB 319 specifically requires the Department to convene a committee to assist in evaluating whether to establish by rule a general permit under ORS 196.816, or grant by rule a general authorization under ORS 196.850, for ocean renewable energy facilities that are used as components of research projects or demonstration projects that produce ocean renewable energy.
The Department of State Lands is in the process of reviewing the general authorizations and general permits of the Removal-Fill Law (OAR 141-089 and OAR 141-093). Per ORS 196.850(7), the Department is required to review each general authorization every five years. The final recommendations are now available.
The Department of State Lands has initiated rulemaking to create a new removal-fill General Permit (OAR 141-093) for certain activities involving the placement of materials or structures in waterways for the purpose of promoting the reconnection of waterways with their historic floodplains.
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