ORS Chapter 469 — Energy; Conservation

ORS 469.442. (L) Advise the Governor on energy-related matters. [1975 c.606 4; 1981 c.792 2; 1987 c.200 4; 1993 c.569 2; 1995 c.551 3; 1999 c.934 5; 1999 c.1043 9; 2003 c.186 1; 2013 c.656 7] Note: Section 1, chapter 376, Oregon Laws 2021, provides: Sec. 1. Legislative findings about offshore wind energy. (1) The Legislative Assembly finds that: (a) Oregon offshore wind holds tremendous potential and promise for this state to diversify its energy portfolio. (b) Oregon has an opportunity to participate in a growing global market by contributing to the development of the nascent offshore wind energy supply chain. (c) An intergovernmental task force led by the Bureau of Ocean Energy Management has reengaged and is expected to reveal offshore wind call areas in 2021 for the development of floating offshore wind energy within the federal waters off the Oregon coast. (d) Oregon has an opportunity to participate in holistic west coast planning for the strategic integration of floating offshore wind energy within the next decade and to position itself for potential market expansion thereafter. (e) The Department of Land Conservation and Development has an established role as the lead state agency coordinating with the federal process for floating offshore wind development and, as the lead agency of the federally approved Oregon Coastal Management Program, the department implements the states federal consistency authority pursuant to the Coastal Zone Management Act of 1972 and associated federal regulations. The department implements federal consistency review by evaluating federal activities for compliance with state enforceable policies and their reasonably foreseeable effects to coastal uses and resources of the Oregon coastal zone, and the department will coordinate with networked agency and local government partners to evaluate floating offshore wind development activities for consistency with the Oregon Coastal Management Program. (f) The Oregon Business Development Department has established a leadership role in facilitating attracting the floating offshore wind energy industry to this state and in facilitating floating offshore wind energy supply chain development. (g) Understanding the impacts, benefits, opportunities and barriers of floating offshore wind energy with respect to Oregons fishing communities, ocean and shore-side recreational users, tribes, ports, coastal ecosystems, natural resources, manufacturing industry, maritime sector, disaster recovery planning, workforce development and electricity ratepayers can maximize the benefits to this state, while minimizing the conflicts between floating offshore wind energy, the ocean ecosystem and ocean users. (h) Defining a pathway for Oregon to take advantage to the fullest extent possible of the federal offshore wind investment tax credit and other federal infrastructure investment programs that could benefit Oregons ports and transmission system can facilitate immediate economic investments as well as long term ratepayer savings. (i) Understanding the feasibility of using offshore wind as a clean power source for the future in-state generation of renewable fuel such as renewable hydrogen will strengthen state and regional energy decarbonization planning scenarios. (j) Investigating potential mechanisms to integrate floating offshore wind energy into Oregons future energy mix will strengthen state and regional energy decarbonization strategies. (2) In furtherance of the findings set forth in subsection (1) of this section, the Legislative Assembly finds and declares that: (a) It is the goal of this state to plan for the development of up to three gigawatts of floating offshore wind energy projects within the federal waters off the Oregon coast by 2030; (b) It is further the goal of this state that the planning described in this subsection be conducted in a manner that will maximize benefits to this state while minimizing conflicts between floating offshore wind energy, the ocean ecosystem and ocean users; and (c) Consistent with applicable federal law, it shall be the policy position of the State of Oregon that: (A) Any federal planning or permitting process for offshore energy research and development in federal waters off the Oregon coast and for any related transmission and other facilities, particularly those that transverse Oregons territorial sea, shall adequately consider the prompt decommissioning of any offshore facility after permanent cessation of use of the facility; and (B) Adequate consideration as described in this paragraph must include consideration of the removal or decommissioning of anchors, cables and any other equipment related to the facility in a manner that will serve to avoid future conflicts between the equipment and fishing operations conducted by persons who hold licenses issued pursuant to the commercial fishing laws.