EFSC Standby Generator Exemption

Rulemaking to adopt updated rules for standby generator exemptions.

Standby Generator Exemption Rules

January 26, 2024: Energy Facility Siting Council Adopts Updated Standby Generator Exemption Rules
At its meeting on January 26, 2024, the Energy Facility Siting Council adopted updates to its rules found in OAR 345-015-0360(1) and (8). These updated rules implement new statutory direction found in HB 2063 (2021), which states, “The council may not require a person who operates or proposes to construct or enlarge a [standby generating facility] to request that the council determine whether the proposed facility qualifies for exemption [under the rules]." The permanent rules became effective on January 30, 2024. The revised rules are available on the Secretary of State's Oregon Administrative Rules Database.
November 22, 2023: Comments Requested on Proposed Amendment of Standby Generator Exemption Rules
The Energy Facility Siting Council requests public comment on proposed amendments to rules regarding the need for Council certification for an exemption to a site certificate for would-be standby generator operators found in OAR 345-015-0360.This rulemaking follows from HB 2063, which was passed in 2021. This bill added the following language as ORS 449.320 4(a)(B), "The council may not require a person who operates or proposes to construct or enlarge an energy facility to request that the council determine whether the proposed facility qualifies for exemption under subsection (2)(g) of this section." This rule change reflects the new statutory language. Complete text of the proposed rules is available for review. The Notice of Proposed Rulemaking 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 Friday December 29, 2023, 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. To comment on this project, select “Standby Generator 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 to: EFSC Rules Coordinator Oregon Department of Energy 550 Capitol St. NE Salem, OR 97301 Email: EFSC.rulemaking@energy.oregon.gov RULEMAKING HEARING December 18, 2023 \| 10:00 am Join meeting via Microsoft Teams Passcode: FpJHyF Or Call in: 503-446-4951 Phone Conference ID: 779 020 684# ADDITIONAL INFORMATION If you have questions about these rules, or other Council rulemaking activities, please contact the Council's Rules Coordinator, Thomas Jackman, by email at tom.jackman@energy.oregon.gov or by phone at (503) 551-7603.
November 17, 2023: Council Considers Proposed Standby Generator Exemption Rules
At its meeting on Nov 17, 2023, Council initiated formal proceedings to adopt proposed amendments to the standby generator exemption rules found in OAR 345 Division 15 Rule 360. Please see the staff reports and materials below for additional information. Note that the proposed rules have been updated to reflect modifications made by Council during the meeting. Nov 17 2023, Council Meeting, Agenda Item C Staff Report Notice of Proposed Rulemaking Proposed Rules

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.