| | | 5/18/2023 | ODOE will hold a virtual rulemaking hearing to accept oral testimony on amendments to the draft rules for the Energy Efficient Wildfire Rebuilding Incentive program.
Hearing Details:
Thursday, May 18, 2023 at 4 p.m.
Hearing Materials:
Submitting Written Comments on the Draft Rules:
If you are unable to attend the hearing or would like to submit written comments on the draft rules, you can submit your comments by email or mail to the addresses listed below. The public comment period will close on May 22, 2023, at 5 p.m. Comments received after this date will not be considered in the rulemaking process. Email: james.cogle@energy.oregon.gov Mailing address:
Oregon Department of Energy
Attention: Wildfire Rebuilding Incentive Team
550 Capitol St. NE, 1st Floor
Salem, OR 97301 Additional Information: Sign up to receive future email updates about the program and the rulemaking. For more information, contact: james.cogle@energy.oregon.gov.
| Public Hearing | EEWR2023 | Yes | 4/1/2024 | Completed | | | | 4/27/2023 | The Rulemaking Advisory Committee for the Energy Facility Siting Council's Application Process Review Phase 1 Rulemaking Project will meet on Thursday, April 27, 2023, from 1 p.m. to 4 p.m. This meeting will be held remotely via Microsoft Teams, please see the meeting detail below for information about how to join.
This meeting is open to the public, but only appointed RAC members are invited to participate in the committee's discussion. There will be an opportunity for any person interested in this rulemaking to provide public comment during the meeting.
Meeting Details: Thursday, April 27, 2023 | 1 p.m. - 4 p.m.
Meeting Materials: | | AP1 | Yes | 4/24/2024 | Completed | | | | 4/24/2023 | The Rulemaking Advisory Committee for the Energy Facility Siting Council's Radioactive Waste Materials Rulemaking Project will meet on Monday, April 24, 2023, from 9 a.m. to noon. This meeting will be held remotely via Microsoft Teams; please see the meeting detail below for information about how to join.This meeting is open to the public, but only appointed RAC members are invited to participate in the committee's discussion. There will be an opportunity for any person interested in this rulemaking to provide public comment during the meeting. | | RWM | Yes | 12/31/2025 | Completed | | | | 4/17/2023 | The Oregon Department of Energy submitted final rules to the Secretary of State on April 17, 2023, to establish a Oregon Rental Home Heat Pump Program. The permanent rules are effective as of April 18, 2023. This concludes the formal rulemaking process, which included a public hearing on January 5, 2023, and a public comment period which closed on January 6, 2023.
Materials: | | ORHHP | Yes | 4/24/2024 | Completed | | | | 2/13/2023 | The Oregon Department of Energy submitted final rules to the Secretary of State on February 13, 2023, to establish a Community Heat Pump Deployment Program. The permanent rules are effective as of February 13, 2023. This concludes the formal rulemaking process, which included a public hearing on January 5, 2023, and a public comment period which closed on January 6, 2023. Materials: | | CHPD | Yes | 2/13/2024 | | | | | 1/5/2023 | ODOE will hold a virtual rulemaking hearing to accept oral testimony on the draft rules for the Oregon Rental Home Heat Pump Program, created by SB 1536. Hearing Details: Thursday, January 5, 2023 | 3-4 p.m.
Hearing Materials: Attendance Information: Webinar event: https://odoe.webex.com/odoe/j.php?MTID=m07ba99056c2d425ce45897d75d21232d
Event number: 2332 302 2332
Event password: heat (4328 from phones) Or Join by phone: +1-408-418-9388
Access code: 233 230 22332 Submitting written comments on the draft rules: If you are unable to attend the hearing or would like to submit written comments on the draft rules, you can submit your comments by email or mail to the addresses listed below. The public comment period will close on January 6, 2023, at 5 p.m. Comments received after this date will not be considered in the rulemaking process. Email: james.cogle@energy.oregon.gov Mailing address: Oregon Department of Energy
Attention: Oregon Rental Home Heat Pump Rulemaking Team
550 Capitol St. NE, 1st Floor
Salem, OR 97301 Additional Information: Sign up to receive future email updates about the program and the rulemaking. For more information, contact: james.cogle@energy.oregon.gov.
| | ORHHP | Yes | 12/1/2023 | | | | | 1/5/2023 | ODOE will hold a virtual rulemaking hearing to accept oral testimony on the draft rules for the Community Heat Pump Deployment Program, created by SB 1536. Hearing Details: Thursday, January 5, 2023 | 2-3 p.m.
Hearing Materials: Attendance Information: Webinar event: https://odoe.webex.com/odoe/j.php?MTID=m07ba99056c2d425ce45897d75d21232d
Event number: 2332 302 2332
Event password: heat (4328 from phones) Or Join by phone: +1-408-418-9388
Access code: 233 230 22332 Submitting written comments on the draft rules If you are unable to attend the hearing or would like to submit written comments on the draft rules, you can submit your comments by email or mail to the addresses listed below. The public comment period will close on January 6, 2023, at 5 p.m. Comments received after this date will not be considered in the rulemaking process. Email: james.cogle@energy.oregon.gov Mailing address:
Oregon Department of Energy
Attention: Community Heat Pump Rulemaking Team
550 Capitol St. NE, 1st Floor
Salem, OR 97301 Additional Information: Sign up to receive future email updates about the program and the rulemaking. For more information, contact: james.cogle@energy.oregon.gov.
| | CHPD | Yes | 12/1/2023 | | | | | 12/16/2022 | At its meeting on December 16, 2021, the Energy Facility Siting Council adopted amendments to the Protected Areas, Scenic Resources, and Recreations Standards for the siting of large energy facilities in Oregon and associated rules. The rules were filed and became effective on the same day. The permanent rules make several changes to the standards and associated information requirements: - Require an applicant to identify the managing agency of any protected area in the applicable study or analysis area for the project, as well as a mailing address and any other reasonably available contact information, in the notice of intent and application for site certificate.
- Amend the Recreation and Scenic Resources Standards to allow Council to consider evidence introduced into the record related to impacts to scenic resources and recreational opportunities outside the analysis area.
- Amend the Protected Areas Standard to remove the effective date for designations, allowing Council to consider impacts to protected areas that are designated prior to the filing of a complete application.
- Update and simplify the list of designations that are considered “protected areas" under the Protected Areas Standard and remove specific examples to reduce the need for future rulemaking.
- Clarify exception for when a linear facility may be located within a Protected Area.
- Amend Scenic Resources Standard to require assessment of visual impacts to State Scenic Resources.
- To avoid disruption of projects that are currently under review, specify that amended standards will only be applicable to the review of applications or requests for amendment determined to be complete after the effective date of the rules.
The new rules were filed with the Secretary of State and became effective on December 19, 2022. See Administrative Order EFSC 5-2022 for full rule text. The rules are also available from the Oregon Administrative Rules Database.
| | PASRR | Yes | 12/1/2023 | | | | | 12/2/2022 | The Oregon Department of Energy submitted final rules to the Secretary of State on December 2, 2022, to amend program rules for efficiency standards for appliances and other products. The rulemaking process included a public hearing on November 30, 2022, and a public comment period which closed the same day. As proposed in the draft rules, the final rules implement House Bill 4057 (2022) which established an efficiency standard for spray sprinkler bodies; the rule amendments include the new efficiency standard along with product listing and labeling requirements that align with requirements in other states which have adopted equivalent standards. ODOE received no written comments during the public comment period, while two attendees at the public hearing indicated that their organizations support the rules amendments (link to a recording of the hearing is below). The final rules filing included one non-substantive change to the draft rules to correct a misspelling. The new efficiency standard will become effective January 1, 2023. Materials: Filing Certificate Showing Final Rules Submitted to Secretary of State
| | HB4057 | Yes | 12/1/2023 | | | | | 11/30/2022 | The Oregon Department of Energy will hold a public hearing on November 30, 2022 for a rulemaking to implement House Bill 4057 (2022) which adopted a new state efficiency standard for landscaping spray sprinkler bodies. The new standard is based on the United States Environmental Protection Agency WaterSense standard, version 1.0, and requires internal pressure regulation capabilities to improve performance and reduce water consumption. The standard applies to spray sprinkler bodies manufactured on or after January 1, 2023.
ODOE held a stakeholder advisory meeting on September 7, 2022, to receive feedback on the draft rules, and filed a hearing notice with the Oregon Secretary of State on October 21, 2022. The agency has made no substantive changes to the draft rules since the September 7th meeting. Commenting on the draft rules:
ODOE will accept oral testimony on the rules at the public hearing, using the contact information listed above.
Written comments on the rulemaking are due by 5 p.m. on Wednesday, November 30, 2022, and may be sent via email to: wendy.simons@energy.oregon.gov.
The public hearing will be the final opportunity for comment before the department files permanent rules. ODOE plans to file the proposed rules before December 31, 2022, with the new standard for spray sprinkler bodies becoming effective January 1, 2023.
Hearing Details:
Wednesday, November 30, 2022 at 10 a.m. This public hearing will be conducted virtually via Webex. Join via webinar: https://odoe.webex.com/odoe/j.php?MTID=m9a74d40482170a06131b95941a58fd2c Audio conference information: 1-408-418-9388
Webinar number (access code): 2347 017 1143
Password: Rules (78537 from phones) Hearing Materials:
| | HB4057 | Yes | 12/1/2023 | | | | | 11/17/2022 | In response to public comments received on the Notice of Proposed Rulemaking for the proposed amendment of the Protected Areas, Scenic Resources, and Recreation Standards and associated rules, the Energy Facility Siting Council authorized its staff to convene a Fiscal Impact Advisory Committee to provide recommendations on whether proposed amendments to the Energy Facility Siting Council's Protected Areas, Scenic Resources, Recreation Standards and associated rules will have a fiscal impact and what the extent of that impact will be. After considering public comments and recommendations from the committee, Council staff have prepared an Amended Notice of Proposed Rulemaking that includes a revised statement of fiscal and economic impact and associated statement of costs of compliance.
Pursuant to ORS 183.333(5) and OAR 137-001-0087, Council is extending the comment period on the proposed rules, as presented in the Amended Notice of Proposed Rulemaking. Council requests comment on the proposed rules, including comment on whether other options should be considered for achieving the rule's substantive goals while reducing negative economic impact of the rule on business. Public Comments:A public comment period on the proposed rule change is now open. All written comments must be received by 5:00 p.m. on December 8, 2022, to be considered. All comments received on the Notice of Proposed Rulemaking filed on May 27, 2022, have been included in the rulemaking record and do not need to be resubmitted.ODOE has a new online portal for submitting public comments. The goal of the online portal is to provide members of the public with another convenient option to participate in Council rulemaking proceedings. The portal can be accessed here.To comment on this project, select “Protected Areas Rulemaking" from the drop-down menu and follow the instructions. You will receive an email confirmation after submitting your comment.Written comments may also be submitted by mail or email by sending them to:Oregon Department of Energy ATTN: EFSC Rules Coordinator550 Capitol St. NE Salem, OR 97301 Email: EFSC.rulemaking@energy.oregon.gov | | PASRR | Yes | 12/1/2023 | | | | | 11/14/2022 | The Oregon Department of Energy will convene a fiscal impact advisory committee to provide recommendations on whether proposed amendments to the Energy Facility Siting Council's Protected Areas, Scenic Resources, Recreation Standards and associated rules will have a fiscal impact and what the extent of that impact will be.
The meeting is scheduled for Monday, November 14, 2022 from 1 to 3 pm, and will be held remotely via Microsoft Teams. Information on how to join is provided below:
To join via Miscrosoft Teams: click here
Meeting ID: 297 057 878 895
Passcode: bkLVEV Or call in (audio only): +1 503-446-4951
Phone Conference ID: 950 593 796#
The meeting will be open to the public, but only persons invited to participate in the committee will be able to participate in the discussion. Discussion during the committee meeting will be limited to discussion of fiscal and economic impacts of the proposed rules, and costs of compliance for persons subject to the proposed rules.
Following the committee meeting, the Department will issue an Amended Notice of Proposed Rulemaking requesting general comments on the proposed rules. A draft of that notice is available here, the draft may be amended based on feedback from the committee.
| Advisory Committee Meetings | PASRR | Yes | 11/14/2023 | | | | | 11/7/2022 | The Rulemaking Advisory Committee for the Energy Facility Siting Council's Radioactive Waste Materials Rulemaking Project will meet on Monday, November 7, 2022, from 1 to 3 p.m. This meeting will be held remotely via Microsoft Teams, please see the meeting detail below for information about how to join.
This meeting is open to the public, but only appointed RAC members are invited to participate in the committee's discussion. There will be an opportunity for any person interested in this rulemaking to provide public comment during the meeting.
Join via Microsoft Teams at: https://tinyurl.com/R195-050-RAC4
Meeting ID: 250 131 275 473
Passcode: gyjqpy Or join by phone (audio only): +1 503-446-4951
ID: 552 163 393#
Meeting Materials:
| | RWM | Yes | 12/1/2023 | | | | | 11/1/2022 | Summary
The Energy Facility Siting Council invites public comment to assist in the review of the rules governing the review of requests for site certificate amendment under OAR chapter 345, division 027 that were adopted under Administrative Order EFSC 1-2020. The Council also seeks interested persons to serve on a Rulemaking Advisory Committee that will assist in the development of potential revisions to the rules. All comments and applications must be received by December 1, 2022, to be considered. Request for Public CommentOn January 24, 2020, the Council adopted permanent rules governing the amendment of site certificates under OAR 345-027-0311 to 345-027-0400. The permanent rules replaced rules adopted in 2017 which were determined to be invalid by the Oregon Supreme Court. Pursuant to ORS 183.405, the Council must review the newly adopted rules to determine: - Whether the rule has had the intended effect
- Whether the anticipated fiscal impact of the rule was underestimated or overestimated
- Whether subsequent changes in the law require that the rule be repealed or amended
- Whether there is continued need for the rule
- What impacts the rule has on small businesses.
The Council invites public comment on all these factors; however, the Council is particularly interested in the following information: - Did the rules governing requests for amendments to site certificates in OAR chapter 345, division 027 adopted in 2017 and 2020 enhance the opportunity for public participation in the site certificate amendment review process? If not, how could opportunities for public participation be improved?
- Did the rules governing requests for amendments to site certificates in OAR chapter 345, division 027 adopted in 2017 and 2020 result in increases in the time needed for review of site certificate amendment requests? If so, how could the process be made more efficient?
- Have there been changes in the amount of time or resources required to obtain a site certificate amendment since the 2017 rules came into effect?
Stakeholders may find the following documents from the 2017 and 2020 rulemakings to be helpful in responding to the questions above: Additional information is available under the 2019 Permanent Rules for Amending Energy Facility Site Certificates and the 2017 Site Certificate Amendment Process sections of this page. Request for Interest in Rulemaking Advisory Committee
Following completion of the review under ORS 183.403, the Council intends to appoint a Rulemaking Advisory Committee to assist in the development of potential revisions to the rules. Please indicate if you are interested in serving on the Rulemaking Advisory Committee in your comments. If you are interested, please provide a brief explanation of why you are interested in serving on the committee and the interests and perspectives you wish to represent. Participation in the Rulemaking Advisory Committee will be limited to ensure that the committee reflects a reasonable balance of interests, persons, and communities likely to be affected by the rules. Therefore, based on the number of responses, not all persons who are interested in serving on the Rulemaking Advisory Committee may be invited to participate. How to Submit Comments Comment Online: ODOE has a new online portal for submitting public comments. The goal of the online portal is to provide members of the public with another convenient option to participate in Council rulemaking proceedings. The portal can be accessed at: https://odoe.powerappsportals.us/SitingPublicComment/ To comment on this project, select “2022 Amendment Rulemaking" from the drop-down menu and follow the instructions. You will receive an email confirmation after submitting your comment. Written Comments: Written comments may also be submitted by mail or email. Please address all written comments to: EFSC Rules Coordinator
Oregon Department of Energy
550 Capitol St. NE
Salem, OR 97301
Email: EFSC.rulemaking@energy.oregon.gov All public comments received prior to the deadline above will be posted to the Siting Docket at: https://odoe.powerappsportals.us/en-US/sitingdocket/ All comments must be received by December 1, 2022, to be considered as part of the 5-year review.
| | EFSC22 | Yes | 12/1/2023 | | | | | 9/7/2022 | The Oregon Department of Energy will hold a stakeholder advisory meeting on September 7, 2022 for its upcoming efficiency standards rulemaking. ODOE will be seeking feedback on draft rules to implement House Bill 4057 (2022) which adopted a new state efficiency standard for landscaping spray sprinkler bodies. The new standard is based on the United States Environmental Protection Agency's WaterSense standard, version 1.0, and requires internal pressure regulation capabilities to improve performance and reduce water consumption. The standard applies to spray sprinkler bodies manufactured on or after January 1, 2023. This public hearing will be conducted virtually via Webex. If you are not able to attend this meeting and would like to provide input, please feel free to contact program staff with comments or to set up a discussion time.
Meeting Details: Date: Wednesday, September 7, 2022
Time: 10:00 a.m.
Meeting Materials:
| Advisory Committee Meetings | HB4057 | Yes | 9/7/2023 | | | | | 7/22/2022 | At its meeting on July 22, 2022, Council adopted permanent rules implementing the new restrictions on the siting of fossil-fueled power plants established under HB 2021 and updating existing carbon dioxide standards adopted under ORS 469.503. The permanent rules include a number of rule changes including but not limited to: - Amending OAR 345-024-0500 to incorporate the new requirements of HB 2021 and clarify the standards applicable to the review of an application for a new fossil-fueled power plant.
- Amending OAR 345-024-0550, 345-024-0590, and 345-024-0620 to reset emissions standards based on the most efficient gas-fired combined cycle combustion turbine plant that is commercially demonstrated and operating in the United States.
- Amending OAR 345-024-0580 to increase the monetary offset rate for carbon dioxide emissions from $2.85 to $4.27 per ton of carbon dioxide emissions.
- Amending OAR 345-020-0011 and 345-021-0010 and adopt new rules to establish specific application requirements for fossil-fueled power plants and other facilities that emit carbon dioxide.
- Amending OAR 345-027-0375 to implement new requirements for amendments to existing site certificates for fossil-fueled power plants and defining any increase in gross carbon dioxide emissions of more than 3% as a “significant increase."
The new rules were filed with the Secretary of State and became effective on July 25, 2022. See Administrative Order EFSC 1-2022 for full rule text.
| | 2022Carbon | Yes | 8/1/2023 | | | | | 7/22/2022 | At its meeting on July 22, 2022, Council adopted rules establishing a new standard for Wildfire Prevention and Risk Mitigation which will apply to the review of all applications for site certificate and requests for amendment which are submitted or determined to be complete on or after July 29, 2022. The new standard requires Council to find that all applicants have adequately characterized wildfire risk associated with a proposed facility; and that the facility will be operated in compliance with a Council-approved wildfire mitigation plan. The rule also provides that Council may approve a facility without making these findings if the facility is subject to a wildfire protection plan approved by the Public Utility Commission or the governing body of a consumer-owned utility. The new rules were filed with the Secretary of State and became effective on July 29, 2022. See Administrative Order EFSC 2-2022 for full rule text.
| | WPR | Yes | 8/1/2023 | | | | | 6/23/2022 | The Energy Facility Siting Council has extended the deadline for public comments on its proposed rules for the implementation of HB 2021 (2021) and updates to the carbon dioxide emissions standards. The new deadline for public comments is 5:00 p.m. on July 11, 2022. The proposed rules include a number of proposed rulemaking actions, including but not limited to: - Amending OAR 345-024-0500 to incorporate the new requirements and clarify the standards applicable to the review of an application for a new fossil-fueled power plant.
- Amending OAR 345-024-0550, 345-024-0590, and 345-024-0620 to reset emissions standards based on the most efficient stand-alone combined cycle, combustion turbine, natural gas-fired energy facility that is commercially demonstrated and operating in the United States.
- Amending OAR 345-024-0580 to increase the monetary offset rate for carbon dioxide emissions from $2.85 to $4.27 per ton of carbon dioxide emissions.
- Amending OAR 345-020-0011 and 345-021-0010 and adopt new rules to establish specific application requirements for fossil-fueled power plants and other facilities that emit carbon dioxide.
- Amending OAR 345-027-0375 to implement new requirements for amendments to existing site certificates for fossil-fueled power plants and defining what is considered to be a “significant increase" in gross carbon dioxide emissions.
- Making non-substantive organizational and clerical changes to the rules.
Complete text of the proposed rules can be found in the Notice of Proposed Rulemaking. The Notice is also available from the Oregon Administrative Rules Database. PUBLIC COMMENTS A public comment period on the proposed rule change is now open. All written comments must be received by 5:00 p.m. on July 11, 2022, to be considered. ODOE has a new online portal for submitting public comments. The goal of the online portal is to provide members of the public with another convenient option to participate in Council rulemaking proceedings. The portal can be accessed at: https://odoe.powerappsportals.us/SitingPublicComment/ To comment on this project, select “2022 Carbon Standards Update" from the drop-down menu and follow the instructions. You will receive an email confirmation after submitting your comment. Written comments may also be submitted by mail or email by sending them to: EFSC Rules Coordinator
Oregon Department of Energy
550 Capitol St. NE
Salem, OR 97301
Email: EFSC.rulemaking@energy.oregon.gov
| | 2022Carbon | Yes | 7/1/2023 | | | | | 6/13/2022 | The Oregon Department of Energy submitted final rules to the Secretary of State on June 13, 2022, to amend program rules for energy efficiency standards for appliances and other products. The rulemaking process included a public hearing on June 8, 2022, and a public comment period which closed the same day. As proposed in the draft rules, the final rules postpone the effective date for energy efficiency standards affecting electric storage water heaters by one year from July 1, 2022, to July 1, 2023, due ongoing supply chain issues affecting manufacturers. The rule changes became effective June 14, 2022. Materials:
| | HB2062 | Yes | 7/1/2023 | | | | | 6/8/2022 | Public Hearing:
Wednesday, June 8, 2022, 10 a.m.
This public hearing will be conducted virtually via Webex.
Join via webinar: https://odoe.webex.com/odoe/j.php?MTID=mc631ed6b2d8935f166891c950e26c761
Webinar password: Energy (363749 from phones) Audio conference information: +1-408-418-9388 US Toll
Webinar number (access code): 2342 005 9369 Hearing materials: • Secretary of State Hearing Notice, including draft rules in Track Changes Background: The proposed rule changes would delay an effective date for a standard that was adopted by the department in administrative rules to implement House Bill 2062 (2021). These rules and legislation included a standard for demand response-ready electric storage water heaters. The standard requires electric storage water heaters to comply with communications interface standard, CTA-2045-A, and was originally set to become effective for equipment (both heat pump water heaters and electric resistance water heaters) manufactured on or after January 1, 2022. This date was set during 2020 rulemaking and confirmed in HB 2062 in the 2021 Legislative Session as required under ORS 469.261.
In October of 2021, after communication with other states, manufacturers, and industry partners, ODOE became aware of potential supply chain constraints related to electronics components of the communications port that is needed to comply with the CTA-2045-A standard. ODOE included a request in an October 5, 2021, Public Hearing Notice to prompt stakeholders to provide formal comments on the effective date for the demand response water heater standard. ODOE held a public rulemaking hearing on October 27, 2021. Through the public comment process, ODOE received comments on the effective date of the demand response-ready water heater standard, with all comments supportive of a delay to the effective date. ODOE responded to valid industry supply chain constraints and filed rules on November 23, 2021, to delay the effective date by 6 months to July 1, 2022. ODOE established a 6-month delay in anticipation of a resolution of supply chain issues by July 2022, but also with the expectation to review market conditions as this July 2022 effective date approached. In 2022, ODOE has been in communication with Washington state and industry partners to evaluate the potential need for additional delay of this standard. Industry feedback to-date indicates that supply chain issues remain a valid concern that continues to impact manufacturing capabilities, planning, and schedules. Through this rulemaking ODOE proposes to further postpone the demand response-ready standard for electric storage water heaters for an additional year to July 1, 2023. Under ORS 469.261(2)(b), ODOE has the authority to postpone a standard up to two times, each time for up to one year, if either of two criteria are met: 1) Adjoining states with similar minimum energy efficiency standards have postponed the operative date of their corresponding minimum energy efficiency standards; or 2) Failure to modify the operative date of any of the minimum energy efficiency standards would impose a substantial hardship on manufacturers, retailers, or the public. Given that Washington state has postponed the operative date of their corresponding similar standard (and is in process for additional postponement) and that supply chain issues would cause an effective standard to impose a substantial hardship on manufacturers, retailers, and the public, ODOE has determined that both the criteria in ORS 469.261(2)(b) are met in this case. This delay would represent the final postponement that ODOE could provide administratively by rule under its statutory authority. Commenting on the draft rules: ODOE will accept oral testimony on the rules at the public hearing.
Written comments on the rulemaking are due by 5 p.m. on Wednesday, June 8, 2022, and may be sent via email to: wendy.simons@energy.oregon.gov.
The public hearing will be the final opportunity for comment before the department files permanent rules. ODOE plans to file the proposed rules before June 30, 2022, with the rules becoming effective upon filing. For more information, contact: Blake Shelide, Facilities Engineer, 503-373-7809, blake.shelide@energy.oregon.gov
Wendy Simons, Rulemaking Coordinator, 971-707-0044, wendy.simons@energy.oregon.gov
| | HB2062 | Yes | 6/1/2023 | | | | | 5/31/2022 | The Energy Facility Siting Council requests public comment on proposed amendment of the Protected Areas, Scenic Resources, and Recreation Standards and associated rules, including comment on whether other options should be considered for achieving the rule's substantive goals while reducing negative economic impact of the rule on business. The proposed rules would: - Require an applicant to identify the managing agency of any protected area in the applicable study or analysis area for the project, as well as a mailing address and any other reasonably available contact information, in the notice of intent and application for site certificate.
- Amend the Recreation and Scenic Resources Standards to allow Council to consider evidence introduced into the record related to impacts to scenic resources and recreational opportunities outside the analysis area.
- Amend the Protected Areas Standard to remove the effective date for designations, allowing Council to consider impacts to protected areas that are designated prior to the filing of a complete application.
- Update and simplify the list of designations that are considered “protected areas" under the Protected Areas Standard and remove specific examples to reduce the need for future rulemaking.
- Clarify exception for when a linear facility may be located within a Protected Area.
- Amend Scenic Resources Standard to require assessment of visual impacts to State Scenic Resources.
- To avoid disruption of projects that are currently under review, specify that amended standards will only be applicable to the review of applications or requests for amendment filed on or after the effective date of the rules.
Complete text of the proposed rules can be found in the Notice of Proposed Rulemaking. The Notice is also available from the Oregon Administrative Rules Database. Public Comments: A public comment period on the proposed rule change is now open. All written comments must be received by 5:00 pm on July 21, 2022, to be considered. ODOE has a new online portal for submitting public comments. The goal of the online portal is to provide members of the public with another convenient option to participate in Council rulemaking proceedings. The portal can be accessed here. To comment on this project, select “Protected Areas Rulemaking" from the drop-down menu and follow the instructions. You will receive an email confirmation after submitting your comment. Written comments may also be submitted by mail or email by sending them to: EFSC Rules Coordinator
Oregon Department of Energy
550 Capitol St. NE
Salem, OR 97301
Email: EFSC.rulemaking@energy.oregon.gov All public comments received prior to the deadline above will be posted to the new Siting Docket.
Rulemaking Hearing: An opportunity for oral comments will be provided at a rulemaking hearing on June 23, 2022 at 5:00 pm. The hearing will be held at: Oregon Department of Energy
Meitner Conference Room
550 Capitol St. NE
Salem, OR 97301 Join via WebEx: https://odoe.webex.com/odoe/onstage/g.php?MTID=e1b8b80cf00b4a27796a1a8301e2fb34c
Access Code: 2348 290 3610
Meeting password: EFSC OR
Join by phone: (408) 418-9388
Access Code: 2348 290 3610 | | PASRR | Yes | 6/1/2023 | | | | | 5/31/2022 | The Energy Facility Siting Council requests public comment on proposed adoption of a new energy facility siting standard for Wildfire Prevention and Risk Mitigation and related rules, including comment on whether other options should be considered for achieving the rule's substantive goals while reducing negative economic impact of the rule on business. The proposed rule standard requires Council to find that all applicants have adequately characterized wildfire risk associated with a proposed facility and that the facility will be operated in compliance with a Council-approved wildfire mitigation plan. The rule also provides that Council may approve a facility without making these findings if the facility is subject to a wildfire protection plan approved by the Public Utility Commission or the governing body of a consumer-owned utility. Complete text of the proposed rules can be found in the Notice of Proposed Rulemaking. The Notice is also available from the Oregon Administrative Rules Database. Public Comments: A public comment period on the proposed rule change is now open. All written comments must be received by 5:00 pm on July 21, 2022, to be considered. ODOE has a new online portal for submitting public comments. The goal of the online portal is to provide members of the public with another convenient option to participate in Council rulemaking proceedings. The portal can be accessed here. To comment on this project, select “Wildfire Rulemaking" from the drop-down menu and follow the instructions. You will receive an email confirmation after submitting your comment. Written comments may also be submitted by mail or email by sending them to: EFSC Rules Coordinator
Oregon Department of Energy
550 Capitol St. NE
Salem, OR 97301
Email: EFSC.rulemaking@energy.oregon.gov
All public comments received prior to the deadline above will be posted to the new Siting Docket.
Rulemaking Hearing: An opportunity for oral comments will be provided at a rulemaking hearing on June 23, 2022 at 5:00 p.m. The hearing will be held both virtually and in person at: Oregon Department of Energy
Meitner Conference Room
550 Capitol St. NE
Salem, OR 97301
Join via WebEx: https://odoe.webex.com/odoe/onstage/g.php?MTID=e1b8b80cf00b4a27796a1a8301e2fb34c
Access Code: 2348 290 3610
Meeting password: EFSC OR
Join by phone: (408) 418-9388
Access Code: 2348 290 3610 | | WPR | Yes | 6/1/2023 | | | | | 5/27/2022 | At its meeting on May 27, 2022, Council initiated formal proceedings to adopt proposed amendments to the Protected Areas, Scenic Resources, and Recreation Standards and associated rules. The decision was made following deliberations at both the April 22 and May 27 Council meetings. Please see the staff reports and materials below for additional information. - April 22, 2022, Council Meeting, Agenda Item C
- May 27, 2022, Council Meeting, Agenda Item E
| | PASRR | Yes | 6/1/2023 | | | | | 5/27/2022 | At its meeting on May 27, 2022, Council initiated formal proceedings to adopt new rules to address wildfire prevention and response at energy facilities. See the staff report and meeting materials below for additional information. Item G - Wildfire Prevention and Response Rulemaking – Consideration of Proposed Rules (Action Item): | | WPR | Yes | 6/1/2023 | | | | | 4/28/2022 | The Energy Facility Siting Council requests public comment on proposed rules for the implementation of HB 2021 (2021) and updates to carbon dioxide emissions standards. The proposed rules include a number of proposed rulemaking actions, including but not limited to: - Amending OAR 345-024-0500 to incorporate the new requirements and clarify the standards applicable to the review of an application for a new fossil-fueled power plant.
- Amending OAR 345-024-0550, 345-024-0590, and 345-024-0620 to reset emissions standards based on the most efficient stand-alone combined cycle, combustion turbine, natural gas-fired energy facility that is commercially demonstrated and operating in the United States.
- Amending OAR 345-024-0580 to increase the monetary offset rate for carbon dioxide emissions from $2.85 to $4.27 per ton of carbon dioxide emissions.
- Amending OAR 345-020-0011 and 345-021-0010 and adopt new rules to establish specific application requirements for fossil-fueled power plants and other facilities that emit carbon dioxide.
- Amending OAR 345-027-0375 to implement new requirements for amendments to existing site certificates for fossil-fueled power plants and defining what is considered to be a “significant increase" in gross carbon dioxide emissions.
- Making non-substantive organizational and clerical changes to the rules.
Complete text of the proposed rules can be found in the Notice of Proposed Rulemaking. The Notice is also available from the Oregon Administrative Rules Database. Public Comments: A public comment period on the proposed rule change is now open. All written comments must be received by 5:00 p.m. on June 23, 2022, to be considered. ODOE has a new online portal for submitting public comments. The goal of the online portal is to provide members of the public with another convenient option to participate in Council rulemaking proceedings. The portal can be accessed at: https://odoe.powerappsportals.us/SitingPublicComment/ To comment on this project, select “2022 Carbon Standard Rulemaking" from the drop-down menu and follow the instructions. You will receive an email confirmation after submitting your comment. Written comments may also be submitted by mail or email by sending them to: EFSC Rules Coordinator
Oregon Department of Energy
550 Capitol St. NE
Salem, OR 97301
Email: EFSC.rulemaking@energy.oregon.gov All public comments received prior to the deadline above will be posted to the new Siting Docket.
Rulemaking Hearing: An opportunity for oral comments will be provided at a rulemaking hearing on June 23, 2022 at 5:00 p.m. The hearing will be held both virtually and in person at: Oregon Department of Energy
Meitner Conference Room
550 Capitol St. NE
Salem, OR 97301
Join via WebEx: https://odoe.webex.com/odoe/onstage/g.php?MTID=e1b8b80cf00b4a27796a1a8301e2fb34c
Access Code: 2348 290 3610
Meeting password: EFSC OR
Join by phone: (408) 418-9388
Access Code: 2348 290 3610 | | 2022Carbon | Yes | 5/1/2023 | | | | | 4/22/2022 | The Energy Facility Siting Council approved proposed rules for the Implementation of HB 2021 (2021) and Updates to Carbon Dioxide Emissions Standards found in OAR chapter 345, division 024. Please see the staff report and meeting documentation below for additional information. | | 2022Carbon | Yes | 5/1/2023 | | | | | 4/13/2022 | The Oregon Department of Energy submitted rule amendments to the Secretary of State on April 13, 2022, to amend the Oregon Solar + Storage Rebate Program rules. The rules are effective as of April 15, 2022. This concludes the formal rulemaking process, which included a public hearing on March 22, 2022, and a public comment period which closed on March 29, 2022.
Materials:
| | OSSRP2022 | Yes | 4/1/2023 | | | | | 3/22/2022 | ODOE will hold a virtual rulemaking hearing to accept oral testimony on amendments to the draft rules for the Oregon Solar + Storage Rebate Program. Hearing Details: Tuesday, March 22, 2022 at 4 p.m. Event number (access code): 2331 021 9836 Event password: solar (76527 from phones) Join by phone: +1-408-418-9388 United States Toll
Submitting Written Comments on the Draft Rules: If you are unable to attend the hearing or would like to submit written comments on the draft rules, please visit our Rulemaking Comment Portal. Alternatively, you can submit your comments by email or mail. The public comment period will close on March 29, 2022, at 5 p.m. Comments received after this date will not be considered in the rulemaking process unless the agency decides to extend the public comment period for everyone. Oregon Department of Energy Attention: Solar + Storage Rulemaking Team 550 Capitol St. NE, 1st Floor Sign up to receive future email updates about the program and the rulemaking. For more information, contact: james.cogle@energy.oregon.gov | | OSSRP2022 | Yes | 3/1/2023 | | | | | 3/21/2022 | The Oregon Department of Energy submitted final rules to the Secretary of State on March 21, 2022, to establish a Energy Efficient Wildfire Rebuilding Incentive Program. The permanent rules are effective as of March 21, 2022. This concludes the formal rulemaking process, which included a public hearing on January 5, 2022, and an extended public comment period which closed on February 18, 2022.
Materials: | | EEWR | Yes | 4/1/2023 | | | | | 3/4/2022 | The Energy Facility Siting Council is conducting a rulemaking project to ensure that the Council's Protected Areas, Scenic Resources, and Recreation Standards clearly identify the important resources and values they are intended to protect, ensure that the standards are consistent with the state's siting policy set forth in ORS 469.310, and improve the efficiency and effectiveness of the Council's review processes and procedures by resolving ambiguity, lack of clarity, and inconsistency in rule. At its meeting on February 25, 2022, the Council reviewed and provided feedback on preliminary recommendations for potential rule revisions and draft proposed rule language prepared by its staff. Changes under consideration include: - Adopting an interim policy to specify that any time public notice is given during the review of a proposed facility, it will also be provided to the managing agency of any Protected Area within the applicable study or analysis area for the project; and, in a future rulemaking proceeding, amending public notice rules to reflect this change.
- To facilitate notification of protected areas managers, amending information requirements to require an applicant to identify the managing agency of any protected area in the applicable study or analysis area for the project, as well as a mailing address and any other reasonably available contact information, in the notice of intent and application for site certificate.
- Amending the Protected Areas Standard to remove the effective date for designations and specifying that the Council will consider impacts to protected areas designated on or before the date an application for site certificate or request for site certificate amendment is determined to be complete by the Department.
- Updating and simplifying the list of designations that are considered to be “protected areas" under the Protected Areas Standard and removing specific examples to reduce the need for future rulemaking.
- Clarifying the exception for when a linear facility may be located within a Protected Area.
- Amending the Scenic Resources Standard to require assessment of visual impacts to important or significant State Scenic Resources.
- Amending the Recreation and Scenic Resources Standards to allow the Council to consider evidence introduced into the record related to impacts to scenic resources and recreational opportunities outside the analysis area.
- To avoid disruption of projects that are currently under review, specifying that amended standards will only be applicable to the review of an application for site certificate or requests for amendment filed on or after the effective date of the rules.
REQUEST FOR COMMENTS Before it initiates formal rulemaking proceedings, the Council is seeking additional comments and recommendations from interested stakeholders on the draft proposed rules, including recommendations on whether the rule changes under consideration would have a fiscal impact, what the extent of that impact would be, and whether the rule would have a significant adverse impact on small businesses. A detailed analysis of the issues and recommendations for this project as well as the draft proposed rules are provided below: To ensure your comments are fully considered, please submit them by Monday, April 11, 2022 through the Council's online comment portal, or by email to: efsc.rulemaking@energy.oregon.gov. Formal Notice of Proposed Rulemaking and additional opportunities to provide public comments will be provided later in these proceedings.
| | PASRR | Yes | 3/1/2023 | |
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