justicedao/ipfs_state_laws huggingface dataset:
345-020-0060 Expiration of a Notice of Intent (1) A notice of intent (NOI) expires two years after the applicant submits the NOI unless, not less than 45 days before the expiration date, the applicant submits a petition to the Council to extend the expiration date. If the Council finds that the petition shows good cause, the Council may extend the expiration date for a period of up to one year. The applicant's submission of a timely petition for an extension under this rule stays the expiration of the NOI until the Council's decision to grant or deny the extension. (2) If the applicant does not submit an application for a site certificate for the facility described in an NOI before the expiration of the NOI or any extension period granted by the Council, the applicant must submit a new NOI to satisfy ORS 469.330. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.330 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 3-1995, f. & cert. ef. 11-16-95 EFSC 5-1994, f. & cert. ef. 11-30-94 EFSC 2-1992, f. & cert. ef. 8-28-92 EFSC 1-1992(Temp), f. & cert. ef. 3-4-92 EFSC 2-1991(Temp), f. & cert. ef. 6-5-91
345-021-0090 Amendment of an Application (1) When the applicant is preparing to submit an amended application, the applicant must notify the Department. (2) The applicant may amend a preliminary application at any time. (3) If the applicant submits an amended application after the date of filing as determined under OAR 345-015-0190 or 345-015-0310, the Department may withdraw the filing of the application until the Department has reviewed the amended application for completeness as described under OAR 345-015-0190 or 345-015-0310. (4) If the applicant submits an amended application after issuance of a contested case notice under OAR 345-015-0403, the Department may, by motion, request that the contested case proceeding be terminated and the Council’s hearing officer may issue an order terminating the proceeding. Upon issuance of the order, the Department may withdraw the filing of the application until the Department has reviewed the amended application for completeness as described under OAR 345-015-0190 or 345-015-0310. (5) The applicant must submit, to the Department, two printed copies of the amended application, and an electronic version of the amended application in a non-copy-protected format acceptable to the Department. The applicant must provide additional printed copies of the amended application to the Department upon request. The applicant must prepare and distribute additional copies of the amended application in the manner described in OAR 345-015-0180. Statutory/Other Authority: ORS 469.373 & 469.470 Statutes/Other Implemented: ORS 469.350 History: EFSC 5-2025, amend filed 10/24/2025, effective 10/24/2025 EFSC 4-2023, minor correction filed 08/29/2023, effective 08/29/2023 EFSC 10-2019, amend filed 10/04/2019, effective 10/07/2019 EFSC 1-2012, f. & cert. ef. 5-15-12 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-2003, f. & cert. ef. 9-3-03 EFSC 1-2002, f. & cert. ef. 4-3-02 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 3-1995, f. & cert. ef. 11-16-95 EFSC 5-1994, f. & cert. ef. 11-30-94 EFSC 1-1993, f. & cert. ef. 1-15-93
345-022-0022 Soil Protection (1) T o i ss u e a si t e ce r ti f i ca t e, t h e C o u n c i l m us t f i n d t h at t h e d e s i g n , c o n s t r u c ti o n a n d o p era ti o n o f t h e f ac i l i t y , t a k i n g i nt o ac c o un t m itig a t io n , are n o t li k e l y t o r e s u l t i n a s ig ni f i c a n t a d v e r s e i m p act t o so i l s i n c l udi ng , b u t no t l i m it ed t o , er o si o n a n d c h e m i cal fac t o r s s u c h as s a l t d e p os i t i o n f r o m c oo l i n g to w e r s , l a n d a pp li c a t i o n o f l i q u i d ef f l u e nt, a n d c h e m i cal s pi l l s. (2) To assist the Council in determining whether the standard outlined in (1) has been met, the Applicant must submit , the Applicant must submit: (a) A materials analysis, including: (A) An inventory of substantial quantities of industrial materials flowing into and out of the proposed facility during construction and operation; (B) The applicant's plans to manage hazardous substances during construction and operation, including measures to prevent and contain spills; and (C) The applicant's plans to manage non-hazardous waste materials during construction and operation. (b) Information from reasonably available sources regarding soil conditions and uses in the analysis area, providing evidence to support findings by the Council as required by OAR 345-022-0022, including: (A) Identification and description of the major soil types in the analysis area; (B) Identification and description of current land uses in the analysis area, such as growing crops, that require or depend on productive soils; (C) Identification and assessment of significant potential adverse impact to soils from construction, operation and retirement of the facility, including, but not limited to, erosion and chemical factors such as salt deposition from cooling towers, land application of liquid effluent, and chemical spills; (D) A description of any measures the applicant proposes to avoid or mitigate adverse impact to soils; and (E) The applicant’s proposed monitoring program, if any, for adverse impact to soils during construction and operation. Statutory/Other Authority: ORS 469.470 & 469.501 Statutes/Other Implemented: ORS 469.501 History: EFSC 2-2025, amend filed 04/02/2025, effective 04/02/2025 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-2003, f. & cert. ef. 9-3-03 EFSC 1-2002, f. & cert. ef. 4-3-02 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 5-1994, f. & cert. ef. 11-30-94
345-022-0115 Wildfire Prevention and Risk Mitigation (1) To issue a site certificate, the Council must find, by way of supporting evidence from the applicant, that: (a) The applicant has adequately characterized wildfire risk within the analysis area using current data from reputable sources, by identifying: (A) Baseline wildfire risk, based on factors that are expected to remain fixed for multiple years, including but not limited to topography, vegetation, existing infrastructure, and climate; (B) Seasonal wildfire risk, based on factors that are expected to remain fixed for multiple months but may be dynamic throughout the year, including but not limited to, cumulative precipitation and fuel moisture content; (C) Areas subject to a heightened risk of wildfire, based on the information provided under paragraphs (A) and (B) of this subsection; (D) High-fire consequence areas, including but not limited to areas containing residences, critical infrastructure, recreation opportunities, timber and agricultural resources, and fire-sensitive wildlife habitat; and (E) All data sources and methods used to model and identify risks and areas under paragraphs (A) through (D) of this subsection. (b) That the proposed facility will be designed, constructed, and operated in compliance with a Wildfire Mitigation Plan approved by the Council. The Wildfire Mitigation Plan must, at a minimum: (A) Identify areas within the site boundary that are subject to a heightened risk of wildfire, using current data from reputable sources, and discuss data and methods used in the analysis; (B) Describe the procedures, standards, and time frames that the applicant will use to inspect facility components and manage vegetation in the areas identified under subsection (a) of this section; (C) Identify preventative actions and programs that the applicant will carry out to minimize the risk of facility components causing wildfire, including procedures that will be used to adjust operations during periods of heightened wildfire risk; (D) Identify procedures to minimize risks to public health and safety, the health and safety of responders, and damages to resources protected by Council standards in the event that a wildfire occurs at the facility site, regardless of ignition source; and (E) Describe methods the applicant will use to ensure that updates of the plan incorporate best practices and emerging technologies to minimize and mitigate wildfire risk. (2) The Council may issue a site certificate without making the findings under section (1) if it finds that the facility is subject to a Wildfire Protection Plan that has been approved in compliance with OAR chapter 860, division 300. (3) This Standard does not apply to the review of any Application for Site Certificate or Request for Amendment that was determined to be complete under OAR 345-015-0190 or 345-027-0363 on or before the effective date of this rule. Statutory/Other Authority: ORS 469.470 & 469.501 Statutes/Other Implemented: 469.501 History: EFSC 2-2025, amend filed 04/02/2025, effective 04/02/2025 EFSC 2-2022, adopt filed 07/29/2022, effective 07/29/2022
345-023-0005 Need for a Facility This division applies to nongenerating facilities as defined in ORS 469.503(2)(e), except nongenerating facilities that are related or supporting facilities. To issue a site certificate for a facility described in sections (1) through (3), the Council must find that the applicant has demonstrated the need for the facility. The Council may adopt need standards for other nongenerating facilities. This division describes the methods the applicant shall use to demonstrate need. In accordance with ORS 469.501(1)(L), the Council has no standard requiring a showing of need or cost-effectiveness for generating facilities. The applicant shall demonstrate need: (1) For electric transmission lines under the least-cost plan rule, OAR 345-023-0020(1), or the system reliability rule for transmission lines, OAR 345-023-0030, or by demonstrating that the transmission line is proposed to be located within a “National Interest Electric Transmission Corridor” designated by the U.S. Department of Energy under Section 216 of the Federal Power Act; (2) For natural gas pipelines under the least-cost plan rule, OAR 345-023-0020(1), or the economically reasonable rule for natural gas pipelines, OAR 345-023-0040; (3) For storage facilities for liquefied natural gas with storage capacity of three million gallons or greater under the least-cost plan rule, OAR 345-023-0020(1), or the economically reasonable rule for liquefied natural gas storage facilities, OAR 345-023-0040. (4) If the proposed facility is a non-generating facility for which the applicant must demonstrate need under OAR 345-023-0005, the applicant must submit information about the need for the facility, providing evidence to support a finding by the Council as required by (1) through (3), including identification of the rule in Division 23 of this chapter under which the applicant chooses to demonstrate need. Statutory/Other Authority: ORS 469.470 & 469.501 Statutes/Other Implemented: ORS 469.501 & 469.503 History: EFSC 2-2025, amend filed 04/02/2025, effective 04/02/2025 EFSC 1-2012, f. & cert. ef. 5-15-12 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-2000, f. & cert. ef. 2-2-00 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 3-1995, f. & cert. ef. 11-16-95
345-024-0010 Public Health and Safety Standards for Wind Energy Facilities To issue a site certificate for a proposed wind energy facility, the Council must find that the applicant: (1) Can design, construct and operate the facility to exclude members of the public from close proximity to the turbine blades and electrical equipment. (2) Can design, construct and operate the facility to preclude structural failure of the tower or blades that could endanger the public safety and to have adequate safety devices and testing procedures designed to warn of impending failure and to minimize the consequences of such failure. Statutory/Other Authority: ORS 469.470 & 469.501 Statutes/Other Implemented: ORS 469.501 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 5-1994, f. & cert. ef. 11-30-94 EFCS 2-1994, f. & cert. ef. 5-6-94 EFCS 1-1994, f. & cert. ef. 1-28-94 EFCS 5-1993(Temp), f. & cert. ef. 8-16-93 EFSC 1-1993, f. & cert. ef. 1-15-93, Renumbered from 345-115-0020 & 345-115-0030 EFSC 6-1980, f. & ef. 8-26-80
345-024-0015 Cumulative Effects Standard for Wind Energy Facilities To issue a site certificate for a proposed wind energy facility, the Council must find that the applicant can design and construct the facility to reduce cumulative adverse environmental effects in the vicinity by practicable measures including, but not limited to, the following: (1) Using existing roads to provide access to the facility site, or if new roads are needed, minimizing the amount of land used for new roads and locating them to reduce adverse environmental impacts. (2) Using underground transmission lines and combining transmission routes. (3) Connecting the facility to existing substations, or if new substations are needed, minimizing the number of new substations. (4) Designing the facility to reduce the risk of injury to raptors or other vulnerable wildlife in areas near turbines or electrical equipment. (5) Designing the components of the facility to minimize adverse visual features. (6) Using the minimum lighting necessary for safety and security purposes and using techniques to prevent casting glare from the site, except as otherwise required by the Federal Aviation Administration or the Oregon Department of Aviation. Statutory/Other Authority: ORS 469.470 & 469.501 Statutes/Other Implemented: ORS 469.501 History: EFSC 1-2012, f. & cert. ef. 5-15-12 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1999, f. & cert. ef. 4-14-99
345-024-0030 Public Health and Safety Standards for Surface Facilities Related to Underground Gas Storage Reservoirs To issue a site certificate for a proposed surface facility related to an underground gas storage reservoir, the Council must make the following findings: (1) The proposed facility is located at distances in accordance with the schedule below from any existing permanent habitable dwelling: (a) Major facilities, such as compressor stations, stripping plants and main line dehydration stations -- 700 feet. (b) Minor facilities, such as offices, warehouses, equipment shops and odorant storage and injection equipment -- 50 feet. (c) Compressors rated less than 1,000 horsepower -- 350 feet. (d) Roads and road maintenance equipment housing -- 50 feet. (2) The applicant has developed a program using technology that is both practicable and reliable to monitor the facility to ensure the public health and safety. (3) In addition to the requirements of OAR 345, division 022, in an application for a site certificate for a surface facility related to an underground storage reservoir the applicant shall include the following information: (a) The design rates of natural or synthetic gas injection or withdrawal; (b) The compression horsepower required to operate at design injection or withdrawal rates; (c) The fuel type of the compressor; (d) The estimated carbon dioxide emissions from the compressor for the projected life of the facility; and (e) The proposed location of all wells. Statutory/Other Authority: ORS 469.470 & 469.501 Statutes/Other Implemented: ORS 469.501 History: EFSC 2-2025, amend filed 04/02/2025, effective 04/02/2025 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-2002, f. & cert. ef. 4-3-02 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 5-1994, f. & cert. ef. 11-30-94 EFCS 1-1994, f. & cert. ef. 1-28-94 EFCS 5-1993(Temp), f. & cert. ef. 8-16-93 EFSC 1-1993, f. & cert. ef. 1-15-93, Renumbered from 345-100-0036 EFSC 1-1981, f. & ef. 1-19-81 EFSC 1-1980, f. & ef. 2-28-80
345-024-0090 Siting Standards for Transmission Lines To issue a site certificate for a facility that includes any transmission line under Council jurisdiction, the Council must find that the applicant: (1) Can design, construct and operate the proposed transmission line so that alternating current electric fields do not exceed 9 kV per meter at one meter above the ground surface in areas accessible to the public; (2) Can design, construct and operate the proposed transmission line so that induced currents resulting from the transmission line and related or supporting facilities will be as low as reasonably achievable. (3) If the proposed energy facility is a transmission line or has, as a related or supporting facility, a transmission line of any size, the applicant must submit the following: (a) Information about the expected electric and magnetic fields, including: (A) The distance in feet from the proposed center line of each proposed transmission line to the edge of the right-of-way; (B) The type of each occupied structure, including but not limited to residences, commercial establishments, industrial facilities, schools, daycare centers and hospitals, within 200 feet on each side of the proposed center line of each proposed transmission line; (C) The approximate distance in feet from the proposed center line to each structure identified in (3); (D) At representative locations along each proposed transmission line, a graph of the predicted electric and magnetic fields levels from the proposed center line to 200 feet on each side of the proposed center line; (E) Any measures the applicant proposes to reduce electric or magnetic field levels; (F) The assumptions and methods used in the electric and magnetic field analysis, including the current in amperes on each proposed transmission line; (G) The applicant’s proposed monitoring program, if any, for actual electric and magnetic field levels; and (b) An evaluation of alternate methods and costs of reducing radio interference likely to be caused by the transmission line in the primary reception area near interstate, U.S. and state highways. Statutory/Other Authority: ORS 469.470 & 469.501 Statutes/Other Implemented: ORS 469.501 History: EFSC 2-2025, amend filed 04/02/2025, effective 04/02/2025 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 5-1994, f. & cert. ef. 11-30-94 EFCS 1-1994, f. & cert. ef. 1-28-94 EFCS 5-1993(Temp), f. & cert. ef. 8-16-93 EFSC 1-1993, f. & cert. ef. 1-15-93, Renumbered from 345-079-0040 EFSC 9-1980, f. & ef. 12-22-80
345-024-0560 Means of Compliance for Base Load Gas Plants The applicant may elect to use any of the following means, or any combination thereof, to comply with the carbon dioxide emissions standard for base load gas plants. For a base load gas plant designed with power augmentation technology, the applicant shall comply with the standard for a non-base load power plant in the manner as described in OAR 345-024-0600 for the incremental carbon dioxide emissions from the designed operation of the power augmentation technology. (1) Designing and operating the facility to produce electrical and thermal energy sequentially from the same fuel source and using the thermal energy to displace another source of carbon dioxide emissions from fossil fuel that would have otherwise continued to occur. The Council shall adopt site certificate conditions ensuring that the carbon dioxide emissions reduction will be achieved. (2) Implementing offset projects directly or through a third party, pursuant to OAR 345-024-0680. The Council may adopt site certificate conditions ensuring that the proposed offset projects are implemented by the date specified in the site certificate, but shall not require that predicted levels of avoidance, displacement or sequestration of greenhouse gas emissions be achieved. (3) Providing offset funds, directly or through a third party, in an amount deemed sufficient to produce the reduction in greenhouse gas emissions necessary to meet the applicable carbon dioxide emissions standard. The applicant or third party shall use the funds as specified in OAR 345-024-0710. The Council shall deem the payment of the monetary offset rate, pursuant to OAR 345-024-0580, to result in a reduction of one ton of carbon dioxide emissions. The Council shall determine the offset funds using the monetary offset rate and the level of emissions reduction required to meet the applicable standard. If the Council issues a site certificate based on this section, the Council may not adjust the amount of the offset funds based on the actual performance of offsets. (4) Any other means that the Council adopts by rule for demonstrating compliance with the carbon dioxide emissions standard. (5) If the Council or a court on judicial review concludes that the applicant has not demonstrated compliance with the applicable carbon dioxide emissions standard under sections (1), (2) or (4) of this rule, or any combination thereof, and the applicant agrees to meet the requirements of section (3) for any deficiency, the Council or a court shall find compliance based on such agreement. Statutory/Other Authority: ORS 469.470 & 469.503 Statutes/Other Implemented: ORS 469.503 History: EFSC 1-2012, f. & cert. ef. 5-15-12 EFSC 1-2003, f. & cert. ef. 9-3-03 EFSC 1-2002, f. & cert. ef. 4-3-02 EFSC 1-2001, f. & cert. ef. 9-17-01 EFSC 1-2000, f. & cert. ef. 2-2-00 EFSC 2-1999, f. & cert. ef. 4-14-99
345-024-0570 Modification of the Standard for Base Load Gas Plants The Council may by rule modify the carbon dioxide emissions standard for base load gas plants in OAR 345-024-0550 if the Council finds that the most efficient stand-alone combined cycle, combustion turbine, natural gas-fired energy facility that is commercially demonstrated and operating in the United States has a net heat rate of less than 5,907 Btu per kilowatt hour higher heating value adjusted to ISO conditions. In modifying the carbon dioxide emission standard, the Council shall determine the rate of carbon dioxide emissions per kilowatt hour of net electric output of such energy facility, adjusted to ISO conditions and reset the carbon dioxide emissions standard at 17 percent below this rate. Statutory/Other Authority: ORS 469.470, ORS 469.501 & ORS 469.503 Statutes/Other Implemented: ORS 469.501 & ORS 469.503 History: EFSC 1-2022, amend filed 07/25/2022, effective 07/25/2022 EFSC 1-2018, amend filed 07/18/2018, effective 07/18/2018 EFSC 1-2012, f. & cert. ef. 5-15-12 EFSC 2-1999, f. & cert. ef. 4-14-99
345-024-0580 Monetary Offset Rate The monetary offset rate is $6.40 per ton of carbon dioxide emissions. Statutory/Other Authority: ORS 469.470 & ORS 469.503 Statutes/Other Implemented: ORS 469.503 History: EFSC 4-2024, amend filed 10/30/2024, effective 10/30/2024 EFSC 1-2022, amend filed 07/25/2022, effective 07/25/2022 EFSC 2-2020, amend filed 06/29/2020, effective 07/01/2020 EFSC 3-2017, amend filed 10/23/2017, effective 10/23/2017 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-2001, f. & cert. ef. 9-17-01 EFSC 2-1999, f. & cert. ef. 4-14-99
345-024-0610 Modification of the Standard for Non-Base Load Power Plants The Council may by rule modify the carbon dioxide emissions standard for non-base load power plants in OAR 345-024-0590 so that the standard remains equivalent to the standard for the net carbon dioxide emissions rate of a base load gas plant, subject to the principles described in OAR 345-024-0510. Statutory/Other Authority: ORS 469.470 & 469.503 Statutes/Other Implemented: ORS 469.501 & 469.503 History: EFSC 1-2012, f. & cert. ef. 5-15-12 EFSC 1-2002, f. & cert. ef. 4-3-02 EFSC 2-1999, f. & cert. ef. 4-14-99
345-024-0640 Modification of the Standard for Nongenerating Energy Facilities The Council may by rule modify the carbon dioxide emissions standard for nongenerating energy facilities in OAR 345-024-0620 so that it remains equivalent to the standard for the net carbon dioxide emissions rate of a base load power plant. Statutory/Other Authority: ORS 469.470 & 469.501 Statutes/Other Implemented: ORS 469.501 & 469.503 History: EFSC 1-2012, f. & cert. ef. 5-15-12 EFSC 1-2002, f. & cert. ef. 4-3-02 EFSC 2-1999, f. & cert. ef. 4-14-99