Energy Facility Siting Council Compliance Rulemaking (OAR 345, Division 026)

The Energy Facility Siting Council is updating the rules governing compliance for the construction and operation of energy facilities. This project aims to improve clarity and consistency, refine monitoring and reporting requirements, and remove outdated obligations.

ORS 469.470 authorizes the Council to adopt standards and rules for the siting of energy facilities and for the implementation of Oregon's energy policy. ORS chapter 183 outlines the steps an agency must take to adopt rules.

Compliance Rulemaking (OAR 345, Division 026)

Summary of Proposed Rule	The Council is updating the rules governing compliance for the construction and operation of energy facilities. This project aims to improve clarity and consistency of the compliance rules, refine monitoring and reporting requirements, and remove outdated obligations.
Statement of Fiscal Impact on Proposed Rule	The fiscal impact of this rulemaking has yet to be determined, but it is expected to be minimal.
Any Relevant FAQ Documents	Notice of Proposed Rulemaking Staff Report Draft Rules
Rulemaking Advisory Committee Meeting Notes / Recording	December 11, 2025 RAC Recording February 26, 2026 RAC Recording May 27, 2026 RAC Recording
Public Comments Received	None received to date
Most Recent Activity	The public comment period is now closed, final decision on this rulemaking is tentatively scheduled for November 19-20, 2026, Council meeting.

August 6, 2026: Notice of Proposed Rulemaking Filed And Comments Requested
On July 30, 2026, the Oregon Department of Energy filed a Notice of Proposed Rulemaking with the Oregon Secretary of State for proposed amendments to the Energy Facility Siting Council's compliance and enforcement rules. The proposed rules would update requirements located primarily in OAR chapter 345, Divisions 26 and 29. The changes are intended to improve the clarity, consistency, and efficiency of the Council's compliance program. Among other changes, the proposed rules would clarify: Preconstruction, construction, final-design, annual, and incident reporting requirements. Compliance procedures for facilities constructed or operated in phases. Procedures for inspections and requests for compliance review. ODOE's authority to require corrective action plans and interim protective measures. When certificate holders may rely on information previously submitted to ODOE or another agency. Procedures for updating site certificate descriptions to reflect facilities as constructed or operated. A pre-enforcement notice process that may allow compliance issues to be addressed before formal enforcement is initiated. The Energy Facility Siting Council (EFSC) will hold a public hearing on the proposed rule during its August 21, 2026 meeting. Members of the public may provide oral comments at the hearing or submit written comments to ODOE. Information about how to attend that hearing will be posted on EFSC's meeting webpage prior to the meeting. Written comments must be received by September 25, 2026. Comments may be submitted by email to tom.jackman@energy.oregon.gov or mailed to: Oregon Department of Energy Attn: Tom Jackman, EFSC Rules Coordinator 550 Capitol St. NE Salem, OR 97301 Please include “Compliance Rulemaking" in the subject line or at the beginning of the comment. The Notice of Proposed Rulemaking and proposed rule language are available in the documents section of this webpage.
June 26, 2026: EFSC Considers Proposed Updates to its Compliance Rules
At its meeting on June 26, 2026, Council approved the initiation of formal proceedings to adopt proposed amendments its Compliance and Enforcement rules found in OAR 345 Divisions 26 and Division 29. Please see the staff reports and materials below for additional information. The notice of proposed rulemaking (NOPR) is expected to be filed in July, which will begin the public comment period. Staff Report Attachment 1: Draft Rules Attachment 2: Draft Rules
May 27, 2026: EFSC Compliance Rulemaking Advisory Committee Meeting
The Energy Facility Siting Council will hold a Rulemaking Advisory Committee meeting on Wednesday, May 27, from 1:00 p.m. to 2:30 p.m., to discuss proposed updates to the Council’s compliance rules. The meeting will provide an opportunity for RAC members to review and discuss the draft proposed rules and provide feedback to help inform the Council’s rulemaking process. The meeting agenda (which contains instructions for how to join the meeting), draft rules, and meeting materials are available below. Agenda Draft Rules Draft Rule Guide Meeting Recording Meeting Presentation
February 26, 2026: EFSC Compliance Rulemaking Advisory Committee Meeting
The Compliance Rulemaking Advisory Committee (RAC) will hold their second meeting on Thursday, February 26, 2026, from 1:00 p.m. to 3:00 p.m. The meeting will take place virtually via Microsoft Teams and will be recorded and made available to the public. To share written public comment with staff and the members of the Rulemaking Advisory Committee (RAC), please submit written comments to tom.jackman@energy.oregon.gov. Meeting Materials: Agenda Meeting Recording
December 11, 2025: EFSC Compliance Rulemaking Advisory Committee Meeting
The Compliance Rulemaking Advisory Committee (RAC) will hold their first meeting on Thursday, December 11, 2025, from 2:00 p.m. to 3:30 p.m. The meeting will take place virtually via Microsoft Teams and will be recorded and made available to the public. To share written public comment with staff and the members of the Rulemaking Advisory Committee (RAC), please submit written comments to tom.jackman@energy.oregon.gov. Meeting Materials: Agenda Meeting Recording
June 13, 2025: Council authorizes formation of a Rulemaking Advisory Committee
This rulemaking project will be coordinated by the Council’s rules coordinator, Tom Jackman. This rulemaking is expected to involve between three to five RAC meetings, each lasting no more than three hours. If you wish to join the rulemaking advisory committee for this rulemaking, or if you have any questions, please contact Tom Jackman at tom.jackman@energy.oregon.gov. Your input is essential to ensuring that our processes and standards remain effective and fair.

Resources

For more information, please contact:

Tom Jackman
Rulemaking Coordinator

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.