justicedao/ipfs_state_laws huggingface dataset:
141-130-0040 Guidelines for Approval of Interpretive and Educational Materials (1) The state land facility manager has final approval authority for any items sold or displayed by a volunteer association at a state land facility. The following guidelines apply to any sales or displays: (a) An association may display educational or interpretive products; (b) A private, non-profit scientific, historic or educational organization organized solely for the purpose of providing interpretive services for state land facilities in Oregon may sell educational or interpretive products; and (c) The products should relate to, be consistent with and provide information about or promote the mission, cultural, natural or historical features of the state land facility, the state lands, or the surrounding region. (2) No tobacco, firearms, ammunition or alcohol products may be sold at a state land facility. Statutory/Other Authority: ORS 273.196 - 273.199 & 273.045 Statutes/Other Implemented: ORS 273.196 - 273.199 History: DSL 2-2005, f. 4-13-05, cert. ef. 4-15-05
141-140-0010 Applicability and Purpose (1) These rules apply to the construction and operation of ocean renewable energy facilities placed on, in or over state-owned submerged and submersible land in the territorial sea. This includes infrastructure physically connected to an ocean renewable energy facility that crosses state-owned submerged and submersible lands adjacent to the territorial sea. (2) These rules do not apply to: (a) Docks, infrastructure, facilities or structures on, in or over state-owned submerged and submersible land in the territorial sea that are not part of an ocean renewable energy facility. Proprietary authorizations for such docks, infrastructure, facilities or structures which are not defined as related or supporting structures are governed by the provisions of OAR 141-082; (b) Scientific experiments and scientific equipment that are not part of an ocean renewable energy facility placed on, in or over state-owned submerged and submersible land in the territorial sea. Proprietary authorizations for such uses are governed by the provisions of OAR 141-125; (c) The granting and renewal of easements for electricity transmission, telecommunication and other cables in the territorial sea that are not related to an ocean renewable energy facility authorized under these rules. These cables are governed by the provisions of OAR 141-083. (3) The issuance of a temporary use authorization or an ocean renewable energy facility lease provides the holder with the State of Oregon's proprietary authorization for the ocean renewable energy facility to occupy the authorized area specified in the authorization. Other federal, state or local authorizations may also be required. (4) Construction and operation shall not commence until the holder has received a Removal-Fill Authorization under ORS 196.800 to 196.990, and other required authorizations from local, state (such as an Ocean Shores Permit from the Oregon Department of Parks and Recreation), and federal entities (such as a preliminary permit or similar authorization from the Federal Energy Regulatory Commission). Statutory/Other Authority: ORS 183, ORS 274.870-879, ORS 273 & ORS 274 Statutes/Other Implemented: ORS 274.870-879 History: DSL 5-2017, amend filed 12/28/2017, effective 01/01/2018 DSL 5-2007, f. 10-12-07, cert. ef. 12-1-07
141-140-0070 Compensation (1) The holder of a temporary use authorization to conduct a research project or demonstration project shall annually remit to the Department a payment in the greater amount of $500 or $5.00 per acre of land within the authorized area. This annual payment shall be due to the Department until such time that the: (a) Research project or demonstration project is completed and the ocean renewable energy facility is removed from the authorized area pursuant to the terms and conditions of the temporary use authorization and these rules; (b) The temporary use authorization expires or is terminated by either the holder of the authorization or the Department and the ocean renewable energy facility is removed pursuant to the terms and conditions of the temporary use authorization and these rules; or (c) Placement of an ocean renewable energy facility for commercial operation is authorized by an ocean renewable energy facility lease issued by the Department. (2) The amount of annual compensation owed to the Department for an ocean renewable energy facility lease shall be the greater amount of $500 or the sum of: (a) $3.00 per acre of land within the authorized area per year, and; (b) Operating fees as calculated in subsection (3). (3) The operating fees are determined by the following formula: F = M * H * c * P * r, where: (a) F is the dollar amount of the annual operating fee; (b) M is the nameplate capacity expressed in megawatts; (c) H is the number of hours in a year, equal to 8,760, used to calculate an annual payment; (d) c is the “capacity factor” representing the anticipated efficiency of the facility’s operation expressed as a decimal between zero and one; (e) P is a measure of the annual average wholesale electric power price expressed in dollars per megawatt hour, as discussed below; and (f) r is the operating fee rate expressed as a decimal between zero and one. Unless the Director specifies otherwise, the operating fee rate (r) is 0.02. The Director may use discretion to set a different operating fee rate. For example, a reduced rate may be established for new, smaller project. Conversely, an increased rate may be established for a larger, mature project. (4) Compensation is not owed to the Department for electricity generated when an ocean renewable energy facility is connected to the regional power grid for testing purposes during a demonstration project if the holder of the temporary use authorization does not receive any revenue from the sale of that electricity. However, if the holder of the temporary use authorization does receive revenue from the sale of that electricity, the electricity produced shall be subject to payment of compensation at a rate to be determined by the Director. (5) Data concerning the amount of generation will be recorded and reported by the holder to the Department on a basis to be determined by the Department. Statutory/Other Authority: ORS 183, ORS 274.870-879, ORS 273 & ORS 274 Statutes/Other Implemented: ORS 274.870-879 History: DSL 5-2017, amend filed 12/28/2017, effective 01/01/2018 DSL 5-2007, f. 10-12-07, cert. ef. 12-1-07
141-140-0090 Insurance and Bond (1) The Department may require the holder of a temporary use authorization or lessees to obtain liability insurance in specified amounts if the use, in the opinion of the Department, constitutes a risk to other uses of the ocean or the ocean shore, to public safety or to the State of Oregon, or if required by Oregon state law. The Department may require that the State of Oregon be named as an additional insured party in any such policy. (2) The Department: (a) Shall determine the coverages and amounts of the insurance the holder of a temporary use authorization and lessees must obtain based on the nature and location of the use, any requirements of law, and any other unique factors of the proposed use determined to be relevant by the Department, and (b) May consult with the Risk Management Division of the Oregon Department of Administrative Services to determine the amount of insurance coverage required. (3) The Department may, at its discretion, require that the holder of a temporary use authorization or lessee obtain a surety or bid bond in an amount specified by the Department (or a cash deposit which has the equivalent face or cash-in value as the surety bond and which names the State of Oregon as co-owner) or as required by Oregon state law to secure performance of all terms and conditions of a temporary use authorization or an ocean energy facility lease. Statutory/Other Authority: ORS 183, ORS 274.870-879, ORS 273 & ORS 274 Statutes/Other Implemented: ORS 274.870-879 History: DSL 5-2017, amend filed 12/28/2017, effective 01/01/2018 DSL 5-2007, f. 10-12-07, cert. ef. 12-1-07
141-140-0095 Financial Assurance (1) A holder must maintain cost estimates of the amount of financial assurance that is necessary, and demonstrate to the Department evidence that the holder has in effect the amount and form of required financial assurance for: (a) The costs of closure and post-closure maintenance of the facility or device, excluding the removal of anchors, cables or any other equipment that lies at least one meter beneath submerged lands in the territorial sea; and (b) Any corrective action, required by the Department or any other local, state or federal government agency with jurisdiction over the site, to be taken at the site of the ocean renewable energy monitoring equipment or ocean renewable energy facility. (2) Such cost estimates must be prepared by a person qualified by experience and knowledge to prepare such cost estimates. (3) Such cost estimates and evidence of the required financial assurance must be provided in writing to the Department prior to the granting of the temporary use authorization or ocean renewable energy facility lease. (4) The required financial assurance may be satisfied by any one, or a combination of the following: (a) Insurance specific to the development, operation, and decommissioning of ocean renewable energy projects; or (b) Establishment of a trust fund with cash to the required dollar amount; or (c) Surety bond; or, (d) Letter of credit. (5) The State of Oregon, Department of State Lands shall be named as the beneficiary of any approved financial assurance instrument. (6)The holder shall update the information required under OAR 141-140-0095, and provide to the Department an updated form of financial assurance, by January 31st of each calendar year or on a more frequent basis as required by the Department. (7) The Department: (a) Shall determine the amount of and terms of financial assurance required based on the cost estimates of the holder, and consider the nature and location of the use in relation to other uses and resources, any requirements of law, and any other unique factors of the proposed use or holder determined to be relevant by the Department; and (b) May consult with the Oregon Department of Justice, Risk Management Division of the Oregon Department of Administrative Services, the JART, or other qualified persons in determining the amount of and terms of financial assurance required. Statutory/Other Authority: ORS Chapter 183, ORS 274.870-879, ORS 273 & ORS 274 Statutes/Other Implemented: ORS 274.870-879 History: DSL 5-2017, adopt filed 12/28/2017, effective 01/01/2018
141-140-0100 Termination of a Temporary Use Authorization or Energy Facility Lease (1) The failure of a holder to comply with these rules or the terms and conditions of a temporary use authorization or an ocean renewable energy facility lease, or violation of other laws covering the use of their authorized area, shall constitute a default. (2) The Department shall notify the holder in writing of the default and demand correction within 30 calendar days from the date of notice. (3) The Director may extend the time period allowed to correct a default. An extension by the Director must be in writing. (4) If the holder fails to correct the default within the time frame specified, the Department may: (a) Modify or terminate the temporary use authorization or an ocean renewable energy facility lease; and/or (b) Request the Attorney General to take or cause to be taken appropriate legal action against the lessee or holder of the temporary use authorization. (5) The Department may require the holder to remove all or a part of the ocean renewable energy facility to cure a default, or if the authorization is terminated. If the holder fails or refuses to remove such equipment, facility or other material, substance or related or supporting structure, the Department may remove them or cause them to be removed, and the holder of the authorization shall be liable for all costs incurred by the State of Oregon for such removal. Statutory/Other Authority: ORS 183, ORS 274.870-879, ORS 273 & ORS 274 Statutes/Other Implemented: ORS 274.870-879 History: DSL 5-2017, amend filed 12/28/2017, effective 01/01/2018 DSL 5-2007, f. 10-12-07, cert. ef. 12-1-07
141-140-0105 Renewal of Authorization (1) A temporary use authorization is not renewable. A holder of an expiring temporary use authorization may apply for a new authorization under the provisions of these rules. (2) A holder in good standing of an ocean renewable energy facility lease may renew for an additional term. (a) A holder in good standing must exercise a right to renew no less than 12 months prior to the expiration of the ocean renewable energy lease. (b) To exercise the right to renew, a holder in good standing must: (A) Notify the Department of the holder’s intent to renew on a form provided by the Department; (B) Submit a non-refundable renewal fee of $1,000 payable to the Department. (C) Certify that the uses or structures that are the subject of the existing authorization are consistent with local, state, and federal law; and (D) Certify that the existing uses and structures are consistent with the existing authorization. The Department will not approve a renewal request that involves development of a type of ocean renewable energy not originally authorized in the lease or a subsequent modification. (c) Upon receipt of the required information and renewal fee, the Department shall determine, in its sole discretion, whether: (A) The right to renew was exercised not less than 12 months prior to the expiration of the then current term of the authorization; (B) The holder has fully complied with the terms of the current authorization, the applicable statutes, or Oregon Administrative Rules; and (C) The holder has fully complied with any other authorizations granted to them by the Department. (d) The holder must provide any additional information that is requested by the Department in order to further evaluate the proposed renewal. (e) If the Department determines that the renewal complies with the requirements of OAR 141-140-0105, the Department will provide written notice to the holder that the authorization has been renewed for the additional term stated in the notice. (f) Compensation for the use of state-owned land shall be re-calculated upon renewal in accordance with the rules in place at the time of renewal. Compensation shall be due prior to the issuance of the renewal. (g) As a condition of renewal, the Department may amend the terms and conditions of the authorization at the time of renewal. Amendments made through this process may be subject to JART and public review. (h) If the Department determines that the renewal does not comply with the requirements of OAR 141-140-0105, the Department will provide written notice to the holder that the authorization will not be renewed. In that event, the authorization will terminate at the expiration of the current term. A holder of an expiring ocean renewable energy facility lease may apply for a new authorization under the provisions of these rules. Statutory/Other Authority: ORS Chapter 183, ORS 274.870-879, ORS 273 & ORS 274 History: DSL 5-2017, adopt filed 12/28/2017, effective 01/01/2018
141-140-0110 Assignment (1) A temporary use authorization is not assignable. (2) An ocean renewable energy facility lease in good standing is assignable with prior written consent of the Department. (a) To assign an ocean renewable energy facility lease, the lessee shall submit to the Department a: (A) Notice of proposed assignment on a form provided by the Department at least 90 calendar days (unless otherwise approved by the Director in writing) prior to the date that the assignment is to occur; and (B) Non-refundable assignment processing fee of $1,000 payable to the Department. (b) The holder must provide any additional information that is requested by the Department concerning the proposed assignment. (c) The Department may request comment from the local, state, or federal agencies, the JART, or other affected persons. (d) The Department may condition the assignment on the assignor retaining responsibility for some or all of the terms and conditions in the lease or guaranteeing the performance of the assignee. (e) An assignment does not take effect until the Department authorizes it in writing. Statutory/Other Authority: ORS 183, ORS 274.870-879, ORS 273 & ORS 274 History: DSL 5-2017, amend filed 12/28/2017, effective 01/01/2018 DSL 5-2007, f. 10-12-07, cert. ef. 12-1-07
141-140-0115 Modification for Use or Size (1) A holder shall not change the number, location or types of structures or make any use of the authorized area that is not specifically authorized by a prior written authorization issued by the Department. (2) In order to modify an authorization, the holder shall submit to the Department a: (a) Notice of proposed modification on a form provided by the Department at least 90 calendar days (unless otherwise approved by the Director in writing) prior to the date that the modification is to occur; and (b) Non-refundable processing fee of $1,000 payable to the Department. (3) The Department shall request comment from the local, state, or federal agencies, the JART, or other affected persons. (4) The Department will evaluate the proposed modification and comments in order to determine if: (a) The proposed modification is consistent with Part Five of the Territorial Sea Plan; and (b) Is consistent with other applicable laws; and (c) Is consistent with the other provisions of these rules; (5) Upon evaluation, the Department may: (a) Approve the proposed modification; (b) Approve the proposed modification with conditions; (c) Request additional information in order to further evaluate the proposed modification; (d) Deny the proposed modification; or (e) Determine that the proposed modification is a significant variation from the authorized use, and require the holder to complete a new application pursuant to OAR 141-140-0050. (6) Compensation for the use of state-owned land may be re-calculated upon modification of the authorization in accordance with the rules in place at the time of the modification. Any additional compensation shall be due prior to the issuance of the modification. Statutory/Other Authority: ORS Chapter 183, ORS 274.870-879, ORS 273 & ORS 274 Statutes/Other Implemented: ORS 274.870-879 History: DSL 5-2017, adopt filed 12/28/2017, effective 01/01/2018
141-140-0120 Reconsideration of Decision (1) An applicant for a temporary use authorization or ocean renewable energy facility lease, or any other person adversely affected by the issuance or denial of temporary use authorization or an ocean renewable energy facility lease may request that the Director or the State Land Board, depending on which entity made the decision, reconsider the decision. A request for reconsideration must be filed within 30 days of the issuance or denial, consistent with the authority in ORS 183.480. (2) When an applicant for an authorization under these rules or any other person adversely affected by a decision of the Department concerning an authorization under these rules has exhausted the appeal process before the Director, s/he may submit an appeal for a contested case hearing pursuant to ORS 183.413 through 183.470. Statutory/Other Authority: ORS 183, ORS 274.870-879, ORS 273 & ORS 274 Statutes/Other Implemented: ORS 274.870-879 History: DSL 5-2017, amend filed 12/28/2017, effective 01/01/2018 DSL 5-2007, f. 10-12-07, cert. ef. 12-1-07
141-141-0100 Purpose and Applicability These rules govern the Oregon Ocean Science Trust (OST). Statutory/Other Authority: ORS 196.565(6) Statutes/Other Implemented: ORS 196.565–196.570 History: DSL 9-2020, amend filed 07/28/2020, effective 08/15/2020 DSL 1-2020, temporary amend filed 02/13/2020, effective 03/01/2020 through 08/27/2020 DSL 4-2017, f. 6-15-17, cert. ef. 7-1-17
141-141-0110 Policies (1) The OOST shall promote peer-reviewed, competitive research and monitoring that leads to increased knowledge and understanding of Oregon’s ocean and coastal resources. (2) The OOST shall promote innovative, collaborative, community-oriented, multi-institutional approaches to research, monitoring and data management related to Oregon’s ocean and coastal resources. (3) The OOST shall enhance this state’s capacity for peer-reviewed scientific ocean and coastal research; and (4) The OOST shall, subject to available funding, establish and execute a competitive grant program to conduct research and monitoring related to Oregon’s ocean and coastal resources. [2013 c.776 §2] Statutory/Other Authority: ORS 196.565(6) Statutes/Other Implemented: ORS 196.565–196.570 History: DSL 9-2020, amend filed 07/28/2020, effective 08/15/2020 DSL 1-2020, temporary amend filed 02/13/2020, effective 03/01/2020 through 08/27/2020 DSL 4-2017, f. 6-15-17, cert. ef. 7-1-17
141-141-0120 Definitions (1) “Oregon Ocean Science Trust (OOST)” has the meaning provided in ORS 196.565. (2) “Oregon’s Ocean and Coastal Resources” means the ocean and coast resources under the jurisdiction of the state of Oregon and adjacent waters. (3) “Period of Performance” means the period between the project start and end dates as specified in the executed grant agreement. (4) "Person" means any individual or entity. (5) “Science and Technical Advisory Committee (STAC)” has the meaning provided in ORS 196.451 (6) “Peer Review” means scrutiny of work or ideas by colleagues (peers) who are qualified to provide scientific merit-based review. Statutory/Other Authority: ORS 196.565(6) Statutes/Other Implemented: ORS 196.565–196.570 History: DSL 9-2020, amend filed 07/28/2020, effective 08/15/2020 DSL 4-2017, f. 6-15-17, cert. ef. 7-1-17
141-141-0140 Management of data reporting and data management requirements (1) Data and information collected or created under OOST grants must be publicly visible and accessible in a timely manner at no cost, with the exception of reproduction costs, in a format which is machine-readable and based on open standards along with the metadata necessary to find and properly use the data. (2) The grant agreement shall stipulate when data access must be provided. The data access deadline shall be no later than two years after the performance period ends except where limited by law, regulation, policy or by security requirements. (3) The RFP shall stipulate requirements for proposals to include data management and accessibility plans. (4) Applicants who fail to share data as required in the grant agreement may be subject to a number of sanctions including but not limited to denial of future awards, freezing of funds in any current awards, or repayment of the award. Statutory/Other Authority: ORS 196.565(6) Statutes/Other Implemented: ORS 196.565–196.570 History: DSL 9-2020, amend filed 07/28/2020, effective 08/15/2020 DSL 4-2017, f. 6-15-17, cert. ef. 7-1-17
141-141-0150 Request for Qualifications (RFQ) (1) The OOST may request qualifications in order to support a project or activity that has not been proposed for funding through the competitive grants process but may be necessary for the OOST to address one or more funding priorities. (2) Proposals submitted by qualified applicants shall be managed in the same manner as outlined in OAR 141-141-0130 and 141-141-0140 above. Statutory/Other Authority: ORS 196.565(6) Statutes/Other Implemented: ORS 196.565–196.570 History: DSL 9-2020, amend filed 07/28/2020, effective 08/15/2020 DSL 4-2017, f. 6-15-17, cert. ef. 7-1-17
141-141-0160 Competitive Grants Program Evaluation (1) The OOST shall request the competitive grants program be evaluated at regular intervals by the STAC based on evaluation criteria developed by the STAC in consultation with the OOST. (2) Results of the evaluation will be communicated to the Oregon State Legislature, the State Land Board and the public. Statutory/Other Authority: ORS 196.565(6) Statutes/Other Implemented: ORS 196.565–196.570 History: DSL 9-2020, amend filed 07/28/2020, effective 08/15/2020 DSL 4-2017, f. 6-15-17, cert. ef. 7-1-17