Get Involved

The Energy F​acility Siting Council’s rules are set forth in Oregon Administrative Rules Chapter 345
The Council has the authority to adopt, amend, or repeal rules by following the rulemaking procedures of the Administrative Procedures Act under Oregon Revised Statutes 183.325 to 183.410. ORS 183 outlines the steps an agency must take to adopt rules.

Current Rulemaking:
Past Rulemaking:

Public Health and Safety Standards for Wind Energy Facilities

  
  
06 Nov 2017Overview of First Public Health and Safety Standards for Wind Facilities RAC Meeting
The rulemaking advisory committee met on November 2, 2017 to discuss Oregon Administrative Rule 345-024-0010, Public Health and Safety Standards for Wind Energy Facilities. The RAC discussed how this rule is interpreted and applied by the Energy Facility Siting Council and whether any changes should be made to the rule.

The rule requires the Council to find that an applicant or certificate holder can design, construct and operate a wind facility in a manner that excludes members of the public from close proximity to turbine blades and electrical equipment.

26 Oct 2017Rulemaking Advisory Committee (RAC) Meeting November 2 on Public Health and Safety Standards for Wind Facilities

At its September 21-22, 2017 meeting, the Energy Facility Siting Council (EFSC) directed its staff to begin a rulemaking project to evaluate OAR 345-024-0010, Public Health and Safety Standards for Wind Energy Facilities, evaluate how this rule is applied by the Council, and potentially recommend changes to this rule. The rule requires the Council to find that an applicant or certificate holder can design, construct and operate a wind facility in a manner that excludes members of the public from close proximity to turbine blades and electrical equipment.

More narrowly, the scope of this rulemaking project is limited to addressing how the Council applies OAR 345-024-0010 to the potential risk of aircraft striking wind turbines, wind turbine blades, and wind turbine towers. The result of this rulemaking project could be the creation of criteria the Council considers when applying OAR 345-024-0010 with respect to the potential risk of aircraft striking wind turbines, wind turbine blades, or wind turbine towers.

To provide an opportunity for staff to hear input from diverse perspectives, the Council appointed a diverse pool of entities and persons to potentially serve on a rulemaking advisory committee (RAC). Staff has invited the pool of appointed entities and persons to participate as RAC members, and staff has set the logistics for the first RAC meeting. Only appointed RAC members may participate in RAC meetings, however, all RAC meetings are open to the public and non-RAC members will be given the opportunity to provide their input at a designated time before the end of each meeting.

After staff completes its evaluation and presents the results of its evaluation and any recommended proposed rule language to the Council, the Council could decide to take action to initiate the official rulemaking process to make changes to this rule.

November 2017 RAC Meeting

Thursday, November 2, 2017
10 a.m. – 1 p.m. PST

Well Springs Conference Room
2 Marine Drive
Boardman, OR 97818             

Call-in: 877-873-8017   Passcode: 799345

Meeting Materials

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Site Certificate Amendment Process

  
  
24 Oct 2017Permanent Rules Filed to Reorganize Division 27 and Rewrite the Rules Governing Requests for Amendments to Site Certificates

At its October 19, 2017 meeting, the Energy Facility Siting Council (EFSC) approved the rulemaking project to reorganize Div. 27 and rewrite its rules governing requests for amendments to site certificates. In doing so, it approved: the adoption of new rules; the amendment of existing rules; the renumbering of existing rules; the renumbering and amendment of existing rules; and the repeal of an existing rule.

The ultimate goals of the approved rules are to enhance the opportunity for public participation while minimizing increases in review time. The approved rules are not intended to alter the substantive aspects of how the Council’s rules and standards apply to the Council’s review of a request for an amendment to a site certificate. The scope of this rulemaking is intended to be strictly procedural in nature and effect.

Ultimately, the approved rules amount to a wholesale re-write of the existing rules governing the Council’s processes for reviewing requests for amendments (RFAs) to a site certificate. The approved rules provide a new Type A review process for the Council to use as its default process for reviewing most types of changes proposed by energy facility site certificate holders (CHs) in an RFA. Approved rules also provide a new Type B review process that may be allowed upon request; a new Type C review process that may be allowed upon request; a transfer process that is largely the same as the existing transfer process; and a revised process to apply later-adopted laws.

The amended rules were filed with the Secretary of State and went into effect on October 24, 2017.

A clean copy of the final approved rule language, along with other helpful information can be found at the links below:

For more information, please see prior postings related to this rulemaking topic.

09 Oct 2017Rulemaking to reorganize Division 27 and rewrite the rules governing requests for amendments to site certificates

At its October 19, 2017 meeting, during Agenda Item B, the Energy Facility Siting Council (EFSC) will consider all the comments received on the record for this rulemaking project and deliberate on whether to approve final rule language and/or whether to provide additional direction to staff. Meeting materials for the Council’s agenda items are located on the EFSC Meetings webpage: http://www.oregon.gov/energy/facilities-safety/facilities/Pages/Council-Meetings.aspx

Record of Written Comments

The comprehensive record of written comments received for this rulemaking project include written comments received from when the official public notice and comment process for this rulemaking began in January 2017, to when the most recent extension of the comment period closed at 5 p.m. on September 29, 2017. This record is located as Attachment M to the staff report for Agenda Item B for the Oct. 19, 2017 EFSC meeting

Versions of Proposed Rules

The most recent versions of proposed rules for Division 27 are Rev3 and Rev4. “Division 27 Proposed Rules - Rev 3” was issued to this webpage on September 8, 2017 with a summary of the key revisions (see 08-SEP-2017 p​osting on this webpage below). In the time since the “Div. 27 Proposed Rules - Rev 3” were issued, staff and its legal counsel have made a small number of changes to ensure the rule text accurately reflects the Council’s intent. These changes are shown in the redline of “Division 27 Proposed Rules - Rev4,” which is located as Attachment C to the staff report for Agenda Item B for the Oct. 19, 2017 EFSC meeting.

Revisions to “Division 27 Proposed Rules - Rev3” include:

  • Removing the language under 345-027-0011 of the “Division 27 Proposed Rules – Rev3” that allows the timing provisions for how long the Council may extend construction deadlines under the existing Div. 27 rules to be applied to portions/phases of facilities not yet in construction, but already approved for construction prior to the effective date of the proposed rules, and adding new language under 345-027-0085 that accomplishes the same purpose;

  • Removing the language under 345-027-0080(13) of the “Division 27 Proposed Rules – Rev3” that requires a certificate holder to remedy any deviation between the language and conditions of a temporary order and final order, and adding new language that prevents a certificate holder from being held in violation when a certificate holder takes action under the authority of a temporary order that is inconsistent with the language and conditions of a final order, so long as the inconsistency is remedied by the certificate holder as specified by the Council in the final order; and

  • Minor administrative corrections to cross-references and to ensure consistent language.


Comprehensive Staff Report and Attachments

The staff report and attachments for Agenda Item B at the Oct. 19, 2017 EFSC constitute a comprehensive record of all the key information the Council has considered and used during its deliberations on this rulemaking project. Attachments include:

  • Attachment A: List of Acronyms
  • Attachment B: Comprehensive Redline of “Division 27 Proposed Rules – Rev4”
  • Attachment C: Redline of “Division 27 Proposed Rules – Rev4”
  • Attachment D: Redline of “Division 27 Proposed Rules – Rev3”
  • Attachment E: Redline of “Division 27 Proposed Rules – Rev2”
  • Attachment F: Redline of “Division 27 Proposed Rules” - Original
  • Attachment G: Clean text of “Division 27 Proposed Rules” - Original
  • Attachment H: Redline of “Division 15 Proposed Rules”
  • Attachment I: Redline of “Division 25 Proposed Rules”
  • Attachment J: Crosswalk Document
  • Attachment K: Process Charts
  • Attachment L: Historical Data on Amendments
  • Attachment M: Comprehensive Record of Written Comments Received

Additional information about this rulemaking can be found under prior postings located below.

08 Sep 2017Rulemaking to reorganize Division 27 and rewrite the rules governing requests for amendments to site certificates

In accordance with the Sixth Public Notice issued for this rulemaking project on August 10, 2017, the Department of Energy has completed the latest Council directed revisions to the Division 27 Proposed Rules.

Proposed Rule Language:

Redline OAR Chapter 345, Division 27 Proposed Rules​ - Rev3 (to be considered by the Council at its October 19-20, 2017 EFSC Meeting)

Key Revisions:

OAR 345-027-0057, a proposed rule detailing the Amendment Determination Request (ADR) process to be used by certificate holders to have the Department determine whether an amendment is required for any type of proposed change (including additions of area to the site boundary), and to have the Department determine whether review of a request for amendment should be reviewed under the type A review process (formerly named the “standard,” “default,” or “review process with more steps”) or the type B review process (formerly named the “expedited” or “review process with fewer steps”).

OAR 345-027-0080, a proposed rule detailing the limited type C review process. The type C review process would only be available for a proposed change that relates to the facility, or portion/phase of the facility, not yet in operation, but approved for construction in the site certificate or amended site certificate, and only be available upon request and approval by the Council.

Extended Written Comment Period:

As a reminder, there is no opportunity to provide oral comments during the extended written comment period. All comments on the proposed rules must be received in writing before 5 p.m. PST on September 29, 2017.

Written comments can be provided by email to EFSC.rulemaking@oregon.gov, or by U.S. mail, hand delivery or fax to:

EFSC Rules Coordinator
Oregon Department of Energy
550 Capitol St. NE
Salem, OR 97301
FAX: 503-373-7806

There is no opportunity to provide oral comments during the extended written comment period.

All comments must be received in writing before 5 p.m. PST on September 29, 2017.

Additional information about this rulemaking can be found under the prior postings located below.

10 Aug 2017Rulemaking to reorganize Division 27 and rewrite the rules governing requests for amendments to site certificates

At its July 27-28, 2017 meeting, the Council directed its staff to extend the comment period on this rulemaking to receive written comments only, and to make the following revisions to the proposed rules:

  • Include a third review process for truly expedited situations. The third review process would be in addition to the standard (default) review process with more steps and the expedited review process with less steps that are currently proposed in the “Division 27 Proposed Rules – Rev2” that the Council reviewed at its meetings on April 28, May 25, and July 27-28.

  • Require the certificate holder (CH) to submit an Amendment Determination Request (ADR) for any proposed addition of area to the site boundary. Staff would determine if a request for amendment is necessary, and the CH may appeal staff’s determination to the Council. A CH may directly submit a request for amendment for a proposed addition of area, bypassing the need to submit an ADR.

  • The CH may submit an ADR to ask staff whether its proposed change(s) can be reviewed through a process other than the default process with more steps. Staff would determine which review process applies, and the CH may appeal staff’s determination to the Council.

  • Refine the factors staff and the Council may consider when determining whether a proposed addition of area to the site boundary requires a request for amendment.

  • Refine the factors staff and the Council may consider when determining whether the change(s) proposed by a CH may be reviewed through a process other than the default review process with more steps.

  • ​Require the Preliminary RFA to be posted to the EFSC website.


Availability of Revised Rules:

Revised Division 27 rules (“Division 27 Proposed Rules – Rev3”) are not complete and are not available for review at this time. Complete revised rules will be posted to this EFSC rulemaking webpage on September 8, 2017.

Extended Written Comment Period:

There is no opportunity to provide oral comments during the extended written comment period.

All comments must be received in writing before 5 p.m. PST on September 29, 2017. 

Written comments can be provided by email to EFSC.rulemaking@oregon.gov, or by U.S. mail, hand delivery or fax to:

EFSC Rules Coordinator
Oregon Department of Energy
550 Capitol St. NE
Salem, OR 97301
FAX: 503-373-7806

There is no opportunity to provide oral comments during the extended written comment period.

All comments must be received in writing before 5 p.m. PST on September 29, 2017.

Links to More Information:

Additional information about this rulemaking can be found under prior postings located below.

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22 Jun 2017Rulemaking to reorganize Division 27 and rewrite the rules governing requests for amendments to site certificates

​A rulemaking hearing will be held on July 28, 2017 as part of the Council’s July 27-28, 2017 EFSC meeting at the Best Western Plus, Hood River Inn in Hood River, Oregon.

Third R
ulemaking Hearing:

Date: July 28, 2017
Time: Rulemaking hearing begins at 8:30 a.m.
Location: Columbia Room
Best Western Plus, Hood River Inn
1108 E. Marina Way 
Hood River, OR 97031
Call-in: 877-873-8017

Passcode: 799345

Hearing Format:

Staff will introduce a list of specific issues the Council would like to receive public comment on during the hearing. Staff will first introduce the issue, which will include a brief overview, a description of how staff has addressed the issue in the proposed rules and a description of some of the other options the Council could choose to pursue for that issue.

The Council will then have the opportunity to ask staff for any clarification. Next, the Council will seek input from any member of the public who is interested in that issue. Staff recommends that the Council seek input on each issue in a panel format, with the Council asking questions of individual panel members or the panel jointly.

Finally, panel members will each have a time-limited opportunity to address the Council on the issue generally following the conclusion of the Council’s questioning. Staff recommends the Council impose time limits for the discussion of each issue at the beginning of the hearing.

The list of specific issues represent those that staff has identified as having the greatest interest or concern by the Council and stakeholders. Council members are encouraged to add any other issues of interest or concern that are not included in the list. The public may also address issues not included in the list following the conclusion of the Council’s and public’s discussion of the listed issues.

The list of specific issues is included in the staff report for the July 27-28, 2017 Council meeting, which can be found here, and on the Council’s meetings webpage at https://www.oregon.gov/energy/facilities-safety/facilities/Pages/Council-Meetings.aspx

Comment Period:

Oral comments can be provided in person or via telephone during the rulemaking hearing.

Written comments can be provided by email to EFSC.rulemaking@oregon.gov, or by U.S. mail, hand delivery or fax to:

EFSC Rules Coordinator
Oregon Department of Energy
550 Capitol St. NE
Salem, OR 97301
FAX: 503-373-7806

All comments on the proposed rule changes must be received before the close of the July 28, 2017 rulemaking hearing.

Links to More Information:

Proposed Rule Language:

Oregon Secretary of State Filing Forms (for Third Rulemaking Hearing):

Additional information about this rulemaking can be found under the prior postings associated with this rulemaking (see below) and under the associated rulemaking agenda items on the Council’s meetings webpage at:

https://www.oregon.gov/energy/facilities-safety/facilities/Pages/Council-Meetings.aspx.


08 May 2017Rulemaking to reorganize Division 27 and rewrite the rules governing requests for amendments to site certificates

A rulemaking hearing will be held at the May 25-26 Energy Facility Siting Council meeting at the Oregon Department of Energy in Salem, Oregon. 

Second Rulemaking Hearing:

Date: May 25-26, 2017

Time: EFSC meeting begins at 4:00 p.m.
Rulemaking hearing begins at 4:30 p.m.

Location:
Meitner Conference Room
Oregon Department of Energy
550 Capitol St. NE, 1st Floor
Salem, OR 97301

Call-in:
877-873-8017
Passcode: 799345

Oral Comment:

To provide ample time for each interested person to provide oral comment to the Council, two oral comment sessions will be held for this hearing. Oral comments can be provided in person or via telephone during the rulemaking hearing.

  • Session 1: Thursday, May 25, beginning at 4:30 p.m.
  • Session 2: Friday, May 26, beginning at 10:15 a.m. 

Each interested person will be allotted one, 20-minute time period to provide oral comment. An interested person may comment in either session, but cannot comment in both. 

The Council requests anyone interested in commenting to RSVP staff by sending an email to EFSC.rulemaking@oregon.gov, or by calling the EFSC Rules Coordinator at 503-373-2127 before 5 p.m. May 23, 2017. While this is not a requirement to provide comment, it will greatly assist staff in planning for the hearing.

This is a one-day extension of the May 25, 2017 comment deadline provided in the Oregon Bulletin notice dated May 1, 2017.

Written Comment Deadline:

Close of the rulemaking hearing on May 26, 2017 

This is a one-day extension of the May 25, 2017 comment deadline provided in the Oregon Bulletin notice dated May 1, 2017.

Written comments can be provided by email to EFSC.rulemaking@oregon.gov, or by U.S. mail, hand delivery or fax to:

EFSC Rules Coordinator
Oregon Department of Energy
550 Capitol St. NE
Salem, OR 97301
FAX: 503-373-7806

All comments on the proposed rule changes must be received before the close of the rulemaking hearing on May 26, 2017.

Links to More Information:

Additional information about this rulemaking can be found under the April 21 post below.


21 Apr 2017Rulemaking to reorganize Division 27 and rewrite the rules governing requests for amendments to site certificates

EFSC received written comments and heard oral comments on the proposed rules at its February 23-24, 2017 meeting. In response to EFSC direction to staff at that meeting, staff has revised the originally proposed rules to include a second, more expedited, review process, to include an option for the certificate holder to ask the Council whether a proposed change to add area to the site boundary requires an amendment, and to include an option for the certificate holder to ask the Council whether a proposed change can be reviewed under the proposed new standard process or the proposed new expedited process. Staff also received six (6) comment letters before March 24, 2017. Staff will present the suggestions from these letters to the Council at the April 28, 2017 EFSC meeting. 

At its February 23-24, 2017 meeting, the Council directed staff to hold a second rulemaking hearing at the May 25-26, 2017 EFSC meeting and approved an extension of the comment period on this rulemaking to coincide with the close of that second rulemaking hearing.

Second Rulemaking Hearing:

Date: May 25, 2017
Time: EFSC meeting begins at 4:00 p.m.
Rulemaking hearing begins at 4:30 p.m.
Location: Meitner Conference Room
Oregon Dept. of Energy
550 Capitol St. NE, 1st Floor
Salem, OR 97301
Call-in: 877-873-8017
Passcode: 799345

Extended Comment Period:

Oral comments can be provided in person or via telephone during the rulemaking hearing scheduled to begin at 4:30 p.m. on May 25, 2017.

Written comments can be provided by email to EFSC.rulemaking@oregon.gov, or by U.S. mail, hand delivery or fax to:

EFSC Rules Coordinator
Oregon Department of Energy
550 Capitol St. NE
Salem, OR 97301
FAX: 503-373-7806

All comments on the proposed rule changes must be received before the close of the May 25, 2017 rulemaking hearing.

Links to More Information

 

Proposed Rule Language:

 

Documents Relied Upon for this Rulemaking:

OAR 345-027-0000 through -0240

OAR 345-015-0014, OAR 345-015-0016, OAR 345-015-0080, and OAR 345-015-0083

Oregon Secretary of State Filing Forms (for Second Rulemaking Hearing):

 

EFSC Meeting Webpage, Key Meetings:
Feb. 3, 2012 (Minutes)
May 10-11, 2012 (Minutes, presentation, matrix​)
August 24, 2012 (Minutes, staff report)
November 2, 2012 (Minutes, staff report, handout)
January 25, 2013 (Minutes, staff report)
March 15, 2013 (Minutes, staff report)
May 3, 2013 (Minutes, staff report, presentation)
June 21, 2013 (Minutes, staff report, RAC members)
September 27, 2013 (Minutes)
May 9, 2014 (Minutes​)
November 21, 2014 (Minutes, staff report 1, staff report 2, charts)
June 17, 2016 (Minutes, staff report, presentation)
August 18-19, 2016 (Minutes, presentation​)
November 3-4, 2016 (Minutes, staff report, Div 15 redline, Div 25 redline, Div 27 crosswalk, Div 27 Version 1, Div 27 Version 2, charts, RAC members)
February 23-24, 2017 (Staff report, presentation​)

01 Mar 2017Rulemaking to reorganize Division 27 and rewrite the rules governing requests for amendments to site certificates
At its February 23-24, 2017 meeting, the Energy Facility Siting Council directed its staff to revise the proposed rules, stated that a second public hearing be held on May 25 or 26, 2017, and approved an extension of the comment period to May 25 or 26, 2017 (exact date and time to coincide with the close of the second rulemaking hearing).

The extended comment period is broadly intended to function in two phases. During the first phase, the Council is seeking suggestions for rule language that could improve upon the rules proposed by staff at the February 23-24, 2017 meeting. To allow staff adequate time to evaluate any suggested rule language for inclusion into the revised proposed rules Council directed staff to write, staff requests that all suggested rule language be received before 5 p.m. on March 24, 2017.

The second phase of the extended comment period will begin when staff issues the revised proposed rules the Council directed staff to write. At this time, staff is targeting to complete its writing of revised proposed rules sometime between April 15 and April 30. Once revised proposed rules are complete, staff will issue notice of the second rulemaking hearing and post the revised proposed rules it writes, along with any suggested rule language it receives during the first phase of the extended comment period, to the EFSC rulemaking webpage.

Extension of Comment Period:

Deadline for Submitting Suggested Rule Language:

Staff requests that all suggested rule language be received before 5 p.m. on March 24, 2017.

General Comment Deadline:

All comments must be received before the close of the second rulemaking hearing that will be scheduled for the May 26-27, 2017 EFSC meeting (exact date and time is yet to be determined).

Written comments can be provided by email to EFSC.rulemaking@oregon.gov​, or by U.S. mail, hand delivery or fax to:

E​FSC Rules Coordinator
Oregon Department of Energy
550 Capitol St. NE
Salem, OR 97301
FAX: 503-373-7806


Oral comments can be provided in person or via telephone during the second rulemaking hearing that will be scheduled for the May 26-27, 2017 EFSC Meeting.

Second Rulemaking Hearing:

Date:         TBD (either May 25 or 26, 2017)
Time:         TBD
Location:    TBD


Additional notice containing these details will be issued when staff issues revised proposed rule language.

Links to more information, including the originally proposed rule language, can be found below.

 
19 Jan 2017Rulemaking to reorganize Division 27 and rewrite the rules governing requests for amendments to site certificates

At its November 3-4, 2016 meeting, the Energy Facility Siting Council (EFSC) authorized the initiation of permanent rulemaking to reorganize Division 27 and rewrite the rules governing requests for amendments to site certificates. This was the latest EFSC action in a series of actions dating back to EFSC initiating a review of the site certificate amendment process at its August 24, 2012 meeting. For a list of links to EFSC webpages containing prior information relating to this rulemaking, please see below.

Summary

The ultimate goals of the proposed rules are to enhance the opportunity for public participation while minimizing increases in review time. This rulemaking is not intended to alter the substantive aspects of how the Council’s rules and standards apply to the Council’s review of a request for an amendment to a site certificate. The scope of this rulemaking is intended to be strictly procedural in nature and effect.

The proposed rules would provide a standard, generally applicable, one-size-fits-most process that the Council would use to review most types of changes proposed by energy facility site certificate holders in a request for amendment (RFA). The idea of having most types of proposed changes reviewed through a standard process is not new and is consistent with existing rules. Existing rules provide three Council review processes: a standard, one-size-fits-most process; a transfer process; and an expedited process. The proposed rules provide for two processes: a standard, one-size-fits-most process and a transfer process. Ultimately, the proposed rules amount to a wholesale re-write of the existing rules governing the Council’s processes for reviewing RFAs.

Please see the links below for more information about this rulemaking, including:

  • the official public notice document (containing a more detailed summary of the changes being proposed);
  • the proposed rules that would adopt, amend, repeal, renumber, and amend and renumber various rules in Divisions 27, 15, and a newly proposed Division 25;
  • a crosswalk document comparing the existing Division 27 rules to the proposed Division 27 rules;
  • process charts showing how EFSC reviews requests for amendment (RFAs) under existing rules and how RFAs would be reviewed under proposed rules;
  • any documents relied upon; and
  • copies of the required rulemaking forms that have been filed with the Oregon Secretary of State.
  • links to EFSC webpages containing prior information relating to this rulemaking

Rulemaking Hearing

Date:         
February 24, 2017

Time:        
EFSC meeting begins at 8:30 a.m.
Rulemaking hearing begins at 10:30 a.m.

Location:  
Cousins’ Country Inn, Banquet Room

2114 W. 6th ST NE      
The Dalles, OR 97058

Call-in:    
877-873-8017, Passcode: 799345


Comment Period

Oral comments can be provided in person or via telephone during the rulemaking hearing scheduled to begin at 10:30 a.m. on February 24, 2017.

Written comments can be provided by email to EFSC.rulemaking@oregon.gov, or by U.S. mail, hand delivery or fax to: EFSC Rules Coordinator 550 Capitol St. NE Salem, OR 97301 FAX: 503-373-7806

*All comments on the proposed rule changes must be received before the close of the February 24, 2017 rulemaking hearing*


Links to More Information
 

Public Notice 


Proposed rule language:

Clean OAR Chapter 345, Division 27 Proposed Rules

Redline OAR Chapter 345, Division 27 Proposed Rules 

Redline OAR Chapter 345, Division 15 Proposed Rules 

Redline OAR Chapter 345, Division 25 Proposed Rules 


Cros​swalk Document​

Process Charts


Documents relied upon for this rulemaking:

OAR 345-027-0000 through -0240

OAR 345-015-0014, 345-015-0016, 345-015-0080, and 345-015-0083

 

Oregon Secretary of State filing forms:

Notice of Proposed Rulemaking Hearing

Statement of Need and Fiscal Impact

Housing Cost Impact Statement 

25 Nov 2014Third rulemaking advisory committee meeting held in The Dalles

The rulemaking advisory committee discussed proposed changes to the site certificate amendment process under Oregon Administrative Rules 345-027-0030 through 345-027-0100.

 
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Carbon Dioxide Standards, Phase One: Monetary Offset Rate

  
  
23 Oct 2017Permanent Rules Filed to Amend the Monetary Offset Rate for Carbon Dioxide (CO2) Emissions and Correct CO2 Equivalency Weights

At its September 21-22, 2017 meeting, the Energy Facility Siting Council (EFSC) approved amended language for the following rules: Oregon Administrative Rules (OARs) 345-024-0580 and 345-024-0620.

This rulemaking updates the monetary offset rate under 345-024-0580 from $1.27 to $1.90 per ton of carbon dioxide (CO2) emissions. This is a 50 percent increase. Under ORS 469.503, the Council may increase or decrease the monetary offset rate no more than 50 percent in any two-year period. As is, ORS 469.503 restricts the Council from adopting another increase or decrease to the monetary offset rate until at least 2-years after the effective date of this rulemaking.

This rulemaking also updates the CO2 equivalency weights for methane and nitrous oxide under 345-024-0620, the Council's standard for nongenerating energy facilities that emit carbon dioxide. The methane equivalency weight is updated from 23 to 25 pounds of CO2, and the nitrous oxide equivalency weight is updated from 296 to 298 pounds of CO2. These proposed equivalency weights are exactly the same as what is already specified under rules 345-024-0550 and 345-024-0590, which govern the same subject matter.

The amended rules were filed with the Secretary of State and went into effect on October 23, 2017.

A redline and clean copy of the amended rule language, along with other helpful information can be found at the links below:

09 Aug 2017Rulemaking to Amend the Monetary Offset Rate for Carbon Dioxide (CO2) Emissions and Correct CO2 Equivalency Rates

At its July 27-28 meeting, the Energy Facility Siting Council (EFSC) authorized the initiation of permanent rulemaking to amend the monetary offset rate for carbon dioxide (CO2) emissions and correct CO2 equivalency weights for methane and nitrous oxide under its standard for nongenerating energy facilities that emit carbon dioxide.

This rulemaking proposes to update the monetary offset rate under 345-024-0580 from $1.27 to $1.90 per ton of CO2. This would be a 50 percent increase. Under ORS 469.503, the Council may increase or decrease the monetary offset rate no more than 50 percent in any two-year period. If the Council adopts the proposed increase to $1.90, ORS 469.503 would restrict the Council from adopting another increase or decrease to the monetary offset rate until at least 2-years after the effective date of this rulemaking.

This rulemaking also proposes to correct an oversight from a 2013 rulemaking. Under 345-024-0620, the Council’s CO2 standard for nongenerating energy facilities that emit carbon dioxide, the methane equivalency weight is proposed to be updated from 23 to 25 pounds of CO2, and the nitrous oxide equivalency weight is proposed to be updated from 296 to 298 pounds of CO2. These proposed equivalency weights are exactly the same as what is already specified under rules 345-024-0550 and 345-024-0590, which govern the same subject matter for base load gas plants and non-baseload power plants.

Rulemaking Hearing

Date:         September 21, 2017

Time:         Rulemaking hearing begins at 3:30 p.m.

Location:   Boardman City Hall
                  200 City Center Circle
                  Boardman, OR 97818

Call-in:       877-873-8017

Passcode: 799345

Oral comments can be provided in person or via telephone during the rulemaking hearing scheduled to begin at 3:30 p.m. on September 21, 2017.

Written comments can be provided by email to EFSC.rulemaking@oregon.gov, or by U.S. mail, hand delivery, or fax to:

EFSC Rules Coordinator
Oregon Department of Energy
550 Capitol St. NE
Salem, OR 97301
FAX: 503-373-7806

All comments on the proposed rule changes must be received before the close of the September 21, 2017 rulemaking hearing.

Please see the links below for more information about this rulemaking:

Public Notice Document

Proposed Rule Language (345-024-0580 and 345-024-0620)


Oregon Secretary of State Filing Forms:

Documents Relied Upon for this Rulemaking:

Related EFSC Staff Reports



Structural, Geologic, and Seismic Updates

​​​
  
  
18 Oct 2017Permanent Rules Filed for Addressing Structural, Geologic, and Seismic Related Issues and Hazards

At its September 21-22, 2017 meeting, the Energy Facility Siting Council (EFSC) approved amended language for the following rules: Oregon Administrative Rules (OARs) 345-021-0010, 345-022-0020, and 345-050-0060.

The amended rules address the structural, geologic, and seismic related issues and hazards the Council examines when issuing site certificates or amendments to site certificates for energy facilities and waste disposal facilities within Council jurisdiction [or when carrying out cooperative agreements or arrangements with an agency of the federal government to clean up radioactive waste, uranium mine overburden or contaminated material pursuant to ORS 469.559(2)].

The amended rule language is intended to focus the requirements of Exhibit H and the Structural Standard to site-specific issues and risks, and allow for the appropriate consideration of evolving science of seismic risk and hazard based on consultation with the Department of Geology and Mineral Industries (DOGAMI). Broadly speaking, the amended rules: 1) eliminate references to specific codes, which can quickly become outdated; 2) better describe the relationship and consultation requirements between the applicant (or certificate holder) and DOGAMI; 3) add factors the applicant must consider in its assessments and explanations of how it will design, engineer, construct, and operate the facility to avoid dangers caused by structural, geologic, and seismic related issues and hazards (factors including but not limited to the environment, resiliency, recovery, future climate conditions, etc.); and 4) eliminate inefficient and unnecessary language.

The amended rules were filed with the Secretary of State and went into effect on October 18, 2017.

A redline and clean copy of the amended rule language, along with other helpful information can be found at the links below:

09 Aug 2017Rulemaking to Amend Rules and Rule Provisions Addressing Structural, Geologic, and Seismic Related Issues and Hazards

At its July 27-28 meeting, the Energy Facility Siting Council (EFSC) authorized the initiation of permanent rulemaking to amend its rules and rule provisions addressing the structural, geologic, and seismic related issues and hazards the Council examines when issuing site certificates or amendments to site certificates for energy facilities and waste disposal facilities within Council jurisdiction [or when carrying out cooperative agreements or arrangements with an agency of the federal government to clean up radioactive waste, uranium mine overburden or contaminated material pursuant to ORS 469.559(2)].

Broadly speaking, the proposed amendments would: 1) eliminate references to specific codes, which can quickly become outdated; 2) better describe the relationship and consultation requirements between the applicant (or certificate holder) and the Department of Geology and Mineral Industries (DOGAMI); 3) add factors the applicant must consider in its assessments and explanations of how it will design, engineer, construct, and operate the facility to avoid dangers caused by structural, geologic, and seismic related issues and hazards (factors including but not limited to the environment, resiliency, rapid recovery, future climate conditions, etc.); and 4) eliminate inefficient and unnecessary language. The proposed rule language is intended to focus the requirements of Exhibit H and the Structural Standard to site-specific issues and risks, and allow for the appropriate consideration of evolving science of seismic risk and hazard based on consultation with DOGAMI.

Rulemaking Hearing

Date:         September 21, 2017

Time:         Rulemaking hearing begins at 4:30 p.m.

Location:   Boardman City Hall
                  200 City Center Circle
                  Boardman, OR 97818

Call-in:       877-873-8017

Passcode: 799345

Oral comments can be provided in person or via telephone during the rulemaking hearing scheduled to begin at 4:30 p.m. on September 21, 2017.

Written comments can be provided by email to EFSC.rulemaking@oregon.gov, or by U.S. mail, hand delivery, or fax to:

EFSC Rules Coordinator
Oregon Department of Energy
550 Capitol St. NE
Salem, OR 97301
FAX: 503-373-7806 

All comments on the proposed rule changes must be received before the close of the September 21, 2017 rulemaking hearing.

Please see the links below for more information about this rulemaking:

Public Notice Document

Proposed Rule Language (345-021-0010, 345-022-0020, 345-027-0020, and 345-050-0060)

Oregon Secretary of State Filing Forms:

Related EFSC Staff Reports



Incorporating ODFW Sage-Grouse Rules

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08 Mar 2017Rulemaking to incorporate ODFW sage-grouse rules and remove requirement to identify federally listed threatened and endangered species

At its February 23-24, 2017 meeting, the Energy Facility Siting Council (EFSC) approved amended language for the following rules: Oregon Administrative Rules 345-021-0010(1)(p) and (q), 345-022-0000, and 345-022-0060.

The amended rules effectively incorporate the sage-grouse rules of the Oregon Department of Fish and Wildlife (ODFW) into the EFSC rules and removes the requirement that applicants identify federally listed threatened and endangered species in applications for site certificates.

The rules were filed with the Secretary of State and went into effect on March 8, 2017.

A redline and clean copy of the amended rule language, along with other helpful information, can be found at the links below:


13 Jan 2017Rulemaking to incorporate ODFW sage-grouse rules and remove requirement to identify threatened and endangered species.

At its November 3-4 meeting, the Energy Facility Siting Council authorized the initiation of permanent rulemaking to incorporate ODFW sage-grouse rules and remove the requirement to identify threatened and endangered species.

The proposed rule amendments relating to Oregon's Greater Sage-grouse Conservation Strategy for Oregon are needed to clearly and effectively make Oregon Department of Fish and Wildlife (ODFW) rules OAR 635-140-0000 through 635-140-0025 applicable to the Energy Facility Siting Council's review process.

The proposed amendment to OAR 345-021-0010(1)(q) to remove the requirement for an applicant to identify federally listed threatened and endangered species in Exhibit Q of an energy facility site certificate application is needed to ensure the application requirements are consistent with the EFSC siting standards.

Please see below for the proposed rule language for amendments to OAR 345-021-0010, 345-022-0000 and 345-022-0060. Also see below for the public notice document, documents relied upon and copies of the rulemaking forms required to be filed with the Oregon Secretary of State.

Written comments can be provided by email to EFSC.rulemaking@oregon.gov​, or by U.S. mail, hand delivery or fax to:
EFSC Rules Coordinator
550 Capitol St. NE
Salem, OR 97301
FAX: 503-373-7806

Oral comments can be provided in person or via telephone during the rulemaking hearing scheduled to begin at 4:30 p.m. on February 23, 2017. The rulemaking hearing will be conducted during the regularly scheduled EFSC meeting, which will be held in the Banquet Room at Cousins’ Country Inn, Banquet Room 2114 W. 6th St., The Dalles, OR 97058. The call-in number is 877-873-8017 and the passcode is 799345.

All comments on the proposed rule changes must be received before the close of the February 23, 2017 rulemaking hearing.

Public Notice

Proposed rule language:

State filing forms:

Links to information relied upon for this rulemaking:

Past EFSC Staff Reports Related to Sage-grouse

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04 Jan 2017Rulemaking to incorporate ODFW sage-grouse rules and remove requirement to identify threatened and endangered species

The Sage Grouse Rulemaking Hearing that was originally scheduled for December 16, 2016 was cancelled due to inclement weather. The hearing, due to notification requirements with the Secretary of State’s office, has been re-scheduled to occur during the February 23-24, 2017 EFSC meeting​ in The Dalles.

The comment timeframe for the rulemaking is currently open and will close at the conclusion of the public hearing at the February meeting. If you previously submitted comments, you do not need to resubmit the same comments. 

For more information about the rulemaking, please see the November 17, 2016 post below. The public notice stating the exact date and start time for the rulemaking hearing will be re-noticed soon.
17 Nov 2016Rulemaking to incorporate ODFW sage-grouse rules and remove requirement to identify threatened and endangered species.

At its November 3-4, 2016 meeting, the Energy Facility Siting Council authorized the initiation of permanent rulemaking to incorporate ODFW sage-grouse rules and remove a requirement to identify threatened and endangered species.

The proposed rule amendments relating to Oregon's Greater Sage-grouse Conservation Strategy for Oregon are needed to clearly and effectively make Oregon Department of Fish and Wildlife rules OAR 635-140-0000 through 635-140-0025 applicable to the Energy Facility Siting Council's review process.

The proposed amendment to OAR 345-021-0010(1)(q), to remove the requirement for an applicant to identify federally listed threatened and endangered species in Exhibit Q of an energy facility site certificate application, is needed to ensure the application requirements are consistent with the EFSC siting standards.

Please see below for the proposed rule language for amendments to OAR 345-021-0010, 345-022-0000 and 345-022-0060. Also see below for the public notice, documents relied upon and copies of the rulemaking forms filed with the Oregon Secretary of State.

Written comments can be provided by email to  EFSC.rulemaking@oregon.gov ​, or by U.S. mail, hand delivery or fax to:

EFSC Rules Coordinator
625 Marion St. NE
Salem, OR 97301
FAX: 503-373-7806

Oral comments can be provided in person or via telephone during the rulemaking hearing scheduled on December 16, 2016. The hearing will be conducted during the regularly scheduled EFSC meeting, which will be held in the Meitner Conference Room at the Oregon Department of Energy, 550 Capitol St. NE, Salem, OR 97301. The call-in number is 877-873-8017 and the passcode is 799345.

All comments on the proposed rule changes must be received before the close of the December 16, 2016 rulemaking hearing.

Public Notice 

Proposed rule language:

OAR 345-021-0010
OAR 345-022-0000
OAR 345-022-0060

State filing forms:

Notice of Proposed Rulemaking Hearing
Statement of Need and Fiscal Impact
Housing Cost Impact Statement

Links to information relied upon for this rulemaking:

Executive Order No. 15-18 (09-16-2015)
OAR 635-140-0000 through -0025
OAR 660-023-0115
Buffer Distance Estimates for Sage-grouse, Daniel Manier, et al.

​​​Past EFSC Staff Reports Related to Sage-grouse
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Resources
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​​For more information, please contact

Jason Sierman
Rulemaking Coordinator
503-373-2127

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disability icons To request an interpreter for the hearing impaired or accommodations for persons with disabilities, please contact the Oregon Department of Energy at least 72 hours before the meeting at
1-800-221-8035 or fax 503-373-7806. TTY users should call the Oregon Relay Service at 711.​​​​​
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