justicedao/ipfs_state_laws huggingface dataset:
345-001-0035 Electric and Magnetic Field Committee (1) The chair shall appoint an Electric and Magnetic Field Committee composed of Council members and representatives of the public, utilities, manufacturers and state agencies. The chair may delegate the authority to set meeting dates and agendas to the committee. (2) The committee shall monitor information available and being developed on the health effects of exposure to low frequency electric and magnetic fields and report the committee’s findings periodically to the Council. The Council shall report the findings of the committee to the Legislative Assembly. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.480 History: EFSC 1-2000, f. & cert. ef. 2-2-00 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1995, f. & cert. ef. 5-15-95
345-001-0050 Public Records Availability and Fees for Copying (1) All public records of the Council that are retained by the Department of Energy are available for public inspection and copying at the Department during usual business hours, except for records that the Department has determined to be exempt or conditionally exempt from disclosure in accordance with ORS Chapter 192. Except as protected under ORS 357.875, any permanent record of the Council kept by the State Archivist can be inspected at the State Archive building, subject to applicable rules of the Secretary of State, Archives Division. (2) To inspect Council records a person shall submit to the Department a written request containing the following information: (a) Name, address, e-mail address and telephone number of the person requesting the record. (b) A specific description of the record requested. (3) After receiving a request to inspect a Council record, the Department shall notify the requesting person whether the record is stored on or off the premises of the Department or is kept by the State Archivist. (4) If the requested record is stored on the premises of the Department, the person who requested the record may inspect it on the premises without charge. (5) If the requested record is stored off the premises of the Department, the Department shall charge for the staff time necessary to make the record available for inspection on the premises of the Department. (6) A person who is receiving a copy of a public record or information from a public record shall pay for the Department’s actual cost for: (a) Staff time necessary to locate and handle the records, to delete material exempt from disclosure and to supervise the inspection by the requester; (b) Producing the copy or the information; and (c) Other supplies or services necessary to furnish the copy or information. (7) The person requesting copies of records shall pay the fees described in section (6) in advance, except that government agencies or parties in proceedings before the Council need not pay before delivery of the copies. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.560 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 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
345-001-0060 Council Representation at Contested Case Hearings (1) A Council member, an officer of the Department of Energy, or an employee of the Department may appear, but not make legal argument, on behalf of the Council in a hearing or in a class of contested case hearings in which the Attorney General or the Deputy Attorney General has given written consent to the Council member or to the officer or employee of the Department pursuant to ORS 183.450(7) to represent the Council. Before each contested case hearing in which the Council wishes to appear by a member or by an officer or employee of the Department, the Council shall request written consent from the Attorney General or the Deputy Attorney General for the designated representative to appear on behalf of the Council. The Department and the Department of Justice shall maintain a copy of the list of contested case hearings for which the Attorney General or the Deputy Attorney General has given such consent. (2) Legal argument as used in this rule has the same meaning as in OAR 137-003-0008(1)(c) and (d). Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 183.450(8) & 469 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 2-1992, f. & cert. ef. 8-28-92, Renumbered from 345-010-0028 EFSC 1-1988, f. & cert. ef. 5-11-88
345-001-0080 Reconsideration and Rehearing — Orders in Other than Contested Cases (1) A person entitled to judicial review under ORS 183.484 of a final order in other than a contested case may file a petition for reconsideration or rehearing with the Council within 60 days after the date of the order. A person seeking reconsideration or rehearing shall deliver or mail a copy of the petition to all other persons and agencies required by statute or rule to be notified. (2) The petitioner shall set forth the specified grounds for reconsideration. The petitioner may support the petition by a written argument. (3) The petitioner may include a request for a stay of a final order if the petition complies with the requirements of OAR 137-003-0090(2). (4) The Council may grant or deny a petition by summary order, and, if the Council does not take action, the petition is deemed denied as provided by ORS 183.484(2). (5) Any Council member may move for reconsideration of a final order in other than a contested case within 60 days after the date of the order. The Council shall grant reconsideration if approved by a majority of the Council. The procedural and substantive effect of granting reconsideration under this section is identical to the effect of granting a party’s petition for reconsideration. (6) The Council shall not grant reconsideration after the filing of a petition for judicial review unless permitted by the court. (7) A final order remains in effect during reconsideration until stayed or changed. (8) At the conclusion of a reconsideration, the Council shall enter a new order, which may be an order affirming the existing order. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.403 History: EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 5-1994, f. & cert. ef. 11-30-94 EFSC 2-1992, f. & cert. ef. 8-28-92
345-001-0200 Creation of an Energy Generation Area (1) The Council shall define the boundaries of an energy generation area by rule when: (a) The Council finds that a geographical area exists within which the effects of development of two or more small generating plants, as defined in OAR 345-001-0210, are likely to accumulate so the small generating plants have effects of a magnitude similar to a single generating plant with an average electric generating capacity of 35 megawatts or more; (b) The Council finds that creation of an energy generation area is in the public interest; and (c) The Council finds that energy resource, environmental, social, economic, public health or safety justification exists to create the energy generation area. (2) In defining the boundaries of an energy generation area, the Council shall consider: (a) The location of geothermal, solar or wind resources; (b) The effect of energy facility development on wildlife or wildlife habitat; (c) Natural geographical features; and (d) Political and treaty boundaries. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.300 & 469.320 History: EFSC 1-2002, f. & cert. ef. 4-3-02 EFSC 2-1999, f. & cert. ef. 4-14-99
345-001-0220 Energy Generation Areas The Council may designate geothermal, solar or wind energy generation areas by rule. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.300 & 469.320 History: EFSC 1-2010, f. & cert. ef. 5-11-10 EFSC 2-1999, f. & cert. ef. 4-14-99
345-011-0000 Authority and Purpose The purpose of the rules in this division is to provide procedures for the orderly conduct of meetings of the Council. Statutory/Other Authority: ORS 183 & 469.470 Statutes/Other Implemented: ORS 192 & 469.460 History: EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1993, f. & cert. ef. 1-15-93 EFSC 6-1986, f. & ef. 9-12-86 EFSC 7-1980, f. & ef. 10-9-80
345-011-0005 Quorum and Rules of Order (1) Four members of the Council constitute a quorum. The Council may meet to discuss any matter in the absence of a quorum but shall take no formal action on any matter unless a quorum is present. (2) A majority of the Council members present at a meeting must concur for the Council to act on any matter before it; however, in accordance with ORS 469.370(7), a Council decision to approve or reject an application for a site certificate requires the affirmative vote of at least four members. (3) The Council shall not vote on any proposed Council action unless a Council member has moved, and another Council member has seconded, the proposed action. (4) For all Council actions that result in a written order or administrative rule, the Council’s action authorizes the Department of Energy to make scrivener’s corrections in the written order or administrative rule. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 174.130, 469.370 & 469.460 History: EFSC 2-2021, amend filed 12/17/2021, effective 01/01/2022 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-2000, f. & cert. ef. 11-20-00 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1993, f. & cert. ef. 1-15-93 EFSC 6-1986, f. & ef. 9-12-86 EFSC 7-1980, f. & ef. 10-9-80
345-011-0010 Officers (1) The Council shall annually elect a chair and a vice-chair. The chair and vice-chair shall serve for one year or until their successors are elected. A member may serve successive full terms as chair or vice-chair. The chair or vice-chair may be removed by a unanimous vote of the other Council members. (2) The chair shall preside over all Council meetings, shall determine, in cooperation with the Council Secretary, the location of the Council meetings, and shall execute all written documents that must be executed in the name of the Council. (3) The chair may take action on behalf of the Council in emergencies that arise between meetings, subject to ratification by the Council. When practicable, the chair shall advise all members by telephone of any action proposed to be taken in an emergency. (4) The vice-chair shall act in lieu of the chair when the chair is unable to perform any of his or her responsibilities. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.450 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1993, f. & cert. ef. 1-15-93 EFSC 1-1987, f. & ef. 4-21-87 EFSC 6-1986, f. & ef. 9-12-86 EFSC 2-1985, f. & ef. 2-5-85 EFSC 7-1980, f. & ef. 10-9-80
345-011-0015 Meetings (1) The Council shall meet periodically, as determined by the Council. The Council may vary the locations of its meetings in order to give persons throughout the state an opportunity to observe and participate in its activities. The Council Secretary, consistent with the requirements of ORS Chapter 192.610 to 192.690, shall give notice of each meeting of the Council. (2) The Governor or the chair may call a special Council meeting to be held at any place in this state. The person calling the meeting shall designate the time and place of the meeting and shall give at least 24 hours' notice of the meeting to each Council member and the public. In the event of an emergency, the Council may hold a meeting upon such notice as is appropriate to the circumstances, and in the minutes for such a meeting, the Council shall describe the emergency justifying less than 24 hours' notice. (3) The Council may hold meetings by telephone or other electronic communication. If the Council holds a meeting by telephone or other electronic means, the Council shall conduct the meeting in accordance with ORS 192.610 to 192.690. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 192.640, 192.670, 469.460 & 469.470 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1993, f. & cert. ef. 1-15-93 EFSC 6-1986, f. & ef. 9-12-86 EFSC 7-1980, f. & ef. 10-9-80
345-011-0020 Agendas for Regular Meetings (1) The Council Secretary shall prepare an agenda for each regular Council meeting after consulting with the chair. On the agenda, the Secretary shall specify all matters scheduled to come before the Council at the meeting and shall identify the proponent of agenda items scheduled at the request of a member of the public as described in OAR 345-011-0035. (2) On the agenda, the Secretary may include a consent calendar, identifying items that the Secretary considers to be routine, such as minutes of previous meetings and personnel recognitions, which will be acted upon without public discussion. However, if a Council member objects to an item on the consent calendar, it will be removed from the consent calendar and placed on the regular agenda for discussion. (3) The Secretary shall include on each agenda a notice that time will be reserved at each meeting for the presentation of concerns by interested citizens who wish to address the Council regarding any item within the Council's jurisdiction except matters that are closed to public comment as specified in the notice. The chair shall establish the duration of the time for public comment and may lengthen or shorten it at the Council meeting as the length of the meeting and timing and duration of other Council business dictate. (4) The Secretary shall send the agenda to Council members by regular mail or email at least one week before a regular meeting and shall include draft minutes of previous meetings, as available. The Secretary shall send the agenda to each person or organization on the Council's general mailing list by regular mail or email. The “general mailing list” is the list of persons who have requested all Council meeting and facility siting mailings. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 192.640, 469.460 & 469.470 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 EFSC 1-1993, f. & cert. ef. 1-15-93 EFSC 7-1980, f. & ef. 10-9-80
345-011-0025 Consideration of Matters Not on Agenda A Council member or the Council Secretary may, with the approval of a majority of Council members, raise matters at a meeting that the Council Secretary did not place on the agenda. The Council shall not act on a matter not on the agenda unless a majority of the members present agree that the matter is so substantial and of such immediate concern that the Council should not defer action until the next regular Council meeting. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.460 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1993, f. & cert. ef. 1-15-93 EFSC 7-1980, f. & ef. 10-9-80
345-011-0030 Order of Business (1) The order of business of Council meetings is as follows: (a) Introduction of new Council members, resolutions for retiring Council members, and other personnel recognition. (b) Announcements. (c) Minutes of previous Council meetings including corrections, additions and approval. If minutes have been mailed to Council members before the meeting, the Council may waive the reading of the minutes. (d) Reports of standing and special committees. (e) Consideration of agenda items. (2) The chair, unless a majority of the Council disagrees, may revise the order of business and may limit debate on any item as necessary to conduct the meeting fairly and efficiently. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 192.650 & 469.460 History: EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1993, f. & cert. ef. 1-15-93 EFSC 6-1986, f. & ef. 9-12-86 EFSC 7-1980, f. & ef. 10-9-80
345-011-0035 Requests to Place Items on the Agenda (1) Any person may request formal Council action on a particular subject (an "action item") by submitting a written request to the Department of Energy. With the concurrence of the chair, the Council Secretary shall place the requested matter on the agenda for discussion at the next meeting occurring at least 14 days after the request is received by the Department. The Council shall treat the matter as an information item at that meeting and may take final action on the matter if a majority of the members present agree that the request is so substantial and of such immediate concern that the Council should not defer action until a future meeting. Normally, however, the Council will defer action on the matter until a future meeting. (2) Any person may request Council discussion of an information item by submitting a written request to the Department. With the concurrence of the chair, the Council Secretary shall place the requested matter on the agenda for discussion at the next meeting occurring at least 14 days after the request is received by the Department. (3) The provisions of section (1) do not apply to petitions requesting the Council to initiate a rulemaking proceeding, as described in OAR 137-001-0070, or petitions requesting the Council to issue a declaratory ruling, as described in 137-002-0010. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 192.640 & 469.460 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1993, f. & cert. ef. 1-15-93, Renumbered from 345-011-0040 EFSC 6-1986, f. & ef. 9-12-86 EFSC 1-1985, f. & ef. 1-7-85 EFSC 7-1980, f. & ef. 10-9-80
345-011-0045 Committees and Subcommittees (1) The chair may appoint Council members to committees and subcommittees, alter the number of members of such committees and subcommittees, and abolish committees and subcommittees at any time unless disapproved by a majority of the Council. The individuals on such committees and subcommittees need not act as a group nor reach a consensus but may report to the Council individually. (2) The Council Secretary shall record the membership of the committees and subcommittees appointed by the chair in the minutes of the Council. (3) The Secretary, consistent with the requirements of ORS Chapter 192.610 to 192.690, shall give notice of each meeting of Council committees and subcommittees. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.460 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1993, f. & cert. ef. 1-15-93 EFSC 6-1986, f. & ef. 9-12-86 EFSC 7-1980, f. & ef. 10-9-80
345-011-0050 Council Files The Council Secretary shall maintain minutes of all Council meetings, Council committee meetings and other records of the Council. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 192.640 & 469.460 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 EFSC 1-1993, f. & cert. ef. 1-15-93 EFSC 7-1980, f. & ef. 10-9-80
345-011-0055 Council Communications (1) Majority approval by the Council is required before the Council or the Council Secretary issues any correspondence that might materially affect policies or procedures of the Council. Members of the Council shall not communicate in the name of the Council unless authorized by a majority of the Council. In an emergency, when delay may impair the Council's ability to carry out its responsibilities, the chair may take immediate action and report such action at the next meeting of the Council. The Council Secretary shall prepare any letter issued on behalf of the Council and send a copy to each Council member. (2) The mailing address of the Council is Department of Energy, 550 Capitol St. NE, Salem OR, 97301. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.470 History: EFSC 7-2019, minor correction filed 05/28/2019, effective 05/28/2019 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1993, f. & cert. ef. 1-15-93 EFSC 6-1986, f. & ef. 9-12-86 EFSC 7-1980, f. & ef. 10-9-80
345-011-0060 Waiver and Suspension Inadvertent failure by the Council to comply with the rules of this division does not invalidate any action taken by the Council. The Council may, by a majority vote of the quorum present, temporarily suspend application of the rules of this division. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.470 History: EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1993, f. & cert. ef. 1-15-93 EFSC 6-1986, f. & ef. 9-12-86 EFSC 1-1985, f. & ef. 1-7-85 EFSC 7-1980, f. & ef. 10-9-80
345-011-0070 Council Requests for Information The Council may at any time request that any person subject to the Council’s jurisdiction submit information to the Council about any matter within the Council’s jurisdiction. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.470 History: EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1993, f. & cert. ef. 1-15-93, Renumbered from 345-010-0015 EFSC 6-1986, f. & ef. 9-12-86 EFSC 13, f. & ef. 6-11-76
345-011-0080 Unacceptable Conduct The chair may expel any person who engages in conduct that disrupts any Council proceeding. In any proceeding of a Council committee, the chairman or chairwoman of the committee may expel any person who engages in conduct that disrupts the proceeding. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.460 History: EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1993, f. & cert. ef. 1-15-93, Renumbered from 345-010-0021 EFSC 6-1986, f. & ef. 9-12-86 EFSC 4-1981, f. & ef. 3-25-81 EFSC 13, f. & ef. 6-11-76
345-015-0001 Purpose and Authority The rules in this division, authorized by ORS 469.040, 469.470 and 469.440, establish procedures governing Department of Energy and Energy Facility Siting Council review processes, including contested case proceedings. Statutory/Other Authority: ORS 469.470, ORS 469.370(5) & ORS 183.417(2) Statutes/Other Implemented: ORS 183.310-550, ORS 469.040, ORS 469.370, ORS 469.405 & ORS 469.440 History: EFSC 2-2024, amend filed 10/01/2024, effective 10/01/2024 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 EFSC 1-1993, f. & cert. ef. 1-15-93 EFSC 6-1986, f. & ef. 9-12-86 EFSC 8-1980, f. & ef. 10-31-80
345-015-0003 Remote and Electronic Public Meeting and Hearings (1) The Council or Chair may waive any provision of OAR chapter 345 requiring that a public meeting or public hearing be held in person or in a specific geographical area, if: (a) The Council or Chair finds that in-person attendance at the meeting or hearing would present a risk to public health or safety or the health and safety of the participants; (b) The public meeting or public hearing is held through the use of telephone or other electronic communication in accordance with ORS 192.610 to 192.690; and (c) For public hearings, the Council provides an opportunity for submission of testimony by telephone, video, or through some other electronic or virtual means, or provides a means of submitting written testimony, including by email or other electronic methods, that the Council may consider in a timely manner. (2) This rule does not apply to: (a) Any meeting or hearing otherwise required to be held in-person or in a specified geographic location by ORS chapter 469; or (b) A contested case hearing held pursuant to ORS chapter 183 and OAR chapter 345. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 192.670 History: EFSC 6-2020, adopt filed 11/03/2020, effective 11/19/2020
345-015-0115 Appointment of Special Advisory Groups After receiving the notice of intent, the Department shall designate as a special advisory group the governing body of any local government within whose jurisdiction the facility is proposed to be located. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.480 History: EFSC 1-2023, adopt filed 08/29/2023, effective 08/29/2023