Or. Admin. Code § 141-140-0020

Current through Register Vol. 63, No. 10, October 1, 2024

Section 141-140-0020 - Definitions

(1) "Applicant" is any person applying for a temporary use authorization or ocean renewable energy facility lease.

(2) "Authorized Area" is the maximum area of state-owned land on, in or over which the Department will allow a person to construct and operate an ocean renewable energy facility under the terms and conditions of a temporary use authorization or ocean renewable energy facility lease. Included within the authorized area are:

(a) Any corridors on state-owned submerged and submersible land within, and adjacent to, the territorial sea for a related or supporting structure, including but not limited to electricity transmission or other cables necessary to connect the ocean renewable energy facility to land-based facilities; and

(b) Any required buffers, exclusionary or safety zones.

(3) "Closure" means the permanent cessation of operation of all or part of an ocean renewable energy facility and the subsequent removal of ocean renewable energy equipment authorized by a temporary use authorization or an ocean renewable energy facility lease granted by the Department.

(4) "Commercial Operation" as defined in ORS 274.870(1), means a project undertaken to generate ocean renewable energy for a purpose other than research, demonstration or personal use and that has financial profit as a goal.

(5) "Corrective Action" is an activity performed by the holder of a temporary use authorization or an ocean renewable energy facility lease, or their agent, to comply with the terms and conditions of their temporary use authorization or ocean renewable energy facility lease, or to correct a violation or threatened violation, or meet a requirement of applicable local, state or federal law.

(6) "Demonstration Project" is a limited duration, non-commercial activity authorized under a temporary use authorization granted by the Department to a person for the construction and operation of an ocean renewable energy facility on, in or over state-owned submerged and submersible land in the territorial sea to test the economic and/or technological viability of establishing a commercial operation. A demonstration project may be temporarily connected to the regional power grid for testing purposes without being a commercial operation.

(7) "Department" means the Department of State Lands.

(8) "Director" means the Director of the Department of State Lands or designee.

(9) "Educational/Research Institution" is any accredited public or private university or college, or non-profit research organization.

(10) "Holder" is a person who has been issued an authorization under these rules.

(11) "Holder in good standing" is a holder of an authorization by the Department that is not currently in default or non-compliance with any proprietary or regulatory authorization that has been issued by the Department.

(12) "Joint Agency Review Team" or "JART" is a team of representatives from agencies, jurisdictions and organizations that will review the adequacy of applications with respect to the applicable standards and screening criteria of the Territorial Sea Plan, and make recommendations to the Department on the approval of authorizations. The Department shall invite representatives from the following agencies, jurisdictions and organizations to be members of the JART:

(a) Oregon Departments of Fish and Wildlife, Oregon Parks and Recreation, Oregon Department of Environmental Quality, Oregon Department of Land Conservation and Development, Oregon Water Resources Department, Energy, and Oregon Department of Geology and Mineral Industries;

(b) Federal agencies, as invited, with regulatory or planning authority applicable to the proposed project and location;

(c) Local jurisdictions including representatives from affected cities, counties, and their affected communities, and affected port districts;

(d) Statewide and local organizations and advisory committees, as invited, to participate in the JART application of specific standards, including but not limited tothose addressing areas important to fisheries, ecological resources, recreation and visual impacts; and,

(e) Federally recognized Coastal Tribes in Oregon.

(13) "Northwest National Marine Renewable Energy Center" or "NNMREC", as described in Part Five of the Territorial Sea Plan, is an established ocean test site to conduct experimental marine renewable energy device testing. References to NNMREC in this rule pertain to the Mobile Ocean Test Berth, as described in Part Five of the Territorial Sea Plan.

(14) "Ocean Renewable Energy" as defined in ORS 274.870(2), means electricity that is generated through:

(a) The conversion of energy contained in the natural properties of the ocean, including but not limited to energy contained in waves and swells, the tides and currents, ocean temperature and salinity gradients; and

(b) Ocean offshore wind power.

(15) "Ocean Renewable Energy Facility" as defined in ORS 274.870(3), means any energy conversion technology or device that is used as a necessary component of a research project, demonstration project or commercial operation to generate ocean renewable energy, including but not limited to all buoys, anchors, energy collectors, cables, control and transmission lines, and other equipment necessary or useful to the project or operation.

(16) "Ocean Renewable Energy Facility Lease" is a written authorization issued by the Department to a person to occupy an authorized area for one or more ocean renewable energy facilities comprising a commercial operation.

(17) "Ocean Users" include, but are not limited to persons using the territorial sea for commerce, navigation, fishing or recreation as well as for the conservation of resources and the provision of ecological services.

(18) "Operating Fees" means compensation due to the Department for the commercial generation of power authorized by an ocean renewable energy facility lease.

(19) "Person" as defined in ORS 274.870(4), means a person as defined in ORS 174.100, a public body as defined in ORS 174.109, the federal government, when operating in any capacity other than navigational servitude, or any other legal entity.

(20) "Permanent Cessation" means the permanent closure of the facility by the expiration or termination of the temporary use authorization or ocean renewable energy facility lease, or a final legally effective order to permanently cease operation(s) has come into effect.

(21) "Public Trust Use(s)" means those uses embodied in the Public Trust Doctrine under federal and state law including, but not limited to navigation, recreation, commerce and fisheries, and other uses that support, protect, and enhance those uses.

(22) "Research Project" is a limited duration, non-commercial activity authorized under a temporary use authorization granted by the Department to an educational/research institution for the construction and operation an ocean renewable energy facility on, in or over state-owned submerged and submersible land in the territorial sea. The purpose of a research project is to obtain scientific data relating to ocean renewable energy and to test the technology used in, or functionality of, an experimental ocean energy conversion device.

(23) "State Land Board" means the constitutionally created body consisting of the Governor, Secretary of State, and State Treasurer that is responsible for managing the assets of the Common School Fund as well as for additional functions placed under its jurisdiction by law. The Department is the administrative arm of the State Land Board.

(24) "Statewide Planning Goal 19" or "Goal 19" is the Statewide Planning Goal of the Oregon Land Conservation and Development Commission to conserve marine resources and ecological functions for the purpose of providing long-term ecological, economic, and social value and benefits to future generations.

(25) "Structure" means anything placed, constructed, or erected on, in, or over state-owned submerged and submersible land that is associated with a use that requires an authorization under these rules.

(26) "Submerged Land" means land lying below the line of ordinary low water of all title navigable and tidally influenced water within the boundaries of the State of Oregon.

(27) "Submersible Land" means land lying between the line of ordinary high water and the line of ordinary low water of all title navigable and tidally influenced water within the boundaries of the State of Oregon.

(28) "Temporary Use Authorization" is a written authorization issued by the Department to a person to use an authorized area for an ocean renewable energy facility comprising a research project or demonstration project.

(29) "Territorial Sea" has the same meaning as provided in ORS 196.405(6). It includes the waters and seabed extending three geographical miles seaward from coastline in conformance with federal law.

(30) "Territorial Sea Plan" has the same meaning as provided in ORS 196.405(6). It is the plan for managing Oregon's territorial sea and ocean shore as required under ORS 196.405 through 196.580.

Or. Admin. Code § 141-140-0020

DSL 5-2007, f. 10-12-07, cert. ef. 12-1-07; DSL 5-2017, amend filed 12/28/2017, effective1/1/2018

Statutory/Other Authority: ORS 273, ORS 274, ORS 183 & ORS 274.870-879

Statutes/Other Implemented: ORS 274.870-879