Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 140 - RULES GOVERNING THE PLACEMENT OF OCEAN ENERGY CONVERSION DEVICES ON, IN OR OVER STATE-OWNED LAND WITHIN THE TERRITORIAL SEA › Section 141-140-0105 - Renewal of Authorization

Current through Register Vol. 63, No. 7, July 1, 2024
(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.