ORS tit. 19, ch. 197, GOAL EXCEPTIONS, TEMPORARY PROVISIONS RELATING to GOALS EXCEPTION FOR RURAL SOLAR POWER FACILITIES ARE COMPILED AS NOTES FOLLOWING ORS 197.732

Current through 2024 Regular Session legislation effective March 27, 2024

TEMPORARY PROVISIONS RELATING TO GOALS EXCEPTION FOR RURAL SOLAR POWER FACILITIES ARE COMPILED AS NOTES FOLLOWING ORS 197.732

Sections 35 to 37a, chapter 442, Oregon Laws 2023, provide:

Sec. 35. (1) On or before November 3, 2023, the Land Conservation and Development Commission shall adopt rules to allow a local government to consider a photovoltaic solar power generation facility a rural industrial use for purposes of justifying a reason for an exception under ORS 197.732 (2)(c)(A).

(2) On or before July 1, 2025, the commission shall adopt rules:

(a) Establishing criteria through which local governments may be permitted or required to allow the siting of a photovoltaic solar power generation facility, including criteria that consider:

(A) Potential conflicts with other resource lands; and

(B) Soliciting public feedback from neighboring landowners or residents; and

(b) Identifying the characteristics of lands in Eastern Oregon, as defined in ORS 321.700, best suited for counties to allow, encourage and incentivize photovoltaic solar power generation facilities, based on consideration of:

(A) The land's suitability for contributing to the state's clean energy goals;

(B) Site characteristics, resource potential, proximity to current and future transmission access and locations for potential interconnection; and

(C) The ability to readily avoid negative impacts on natural resources, forestry, habitat, agriculture, community needs and historic, cultural or archeological resources, or to readily minimize or mitigate those negative impacts. [2023 c. 442, § 35]

Sec. 36. The Department of Land Conservation and Development may enter into intergovernmental agreements under ORS chapter 190 with other state agencies, tribal governments and counties, for the purposes of:

(1) Supporting the Land Conservation and Development Commission in adopting rules under section 35 of this 2023 Act;

(2) Furnishing information or technical assistance;

(3) Providing feedback on the membership and work of the Rules Advisory Committee for Siting Photovoltaic Solar Power Generation Facilities established under section 37 of this 2023 Act;

(4) Identifying opportunities to streamline permitting and review processes across and between state agencies; and

(5) With regard to tribal governments, consulting on how best to protect historic, cultural or archeological resources without revealing sensitive information. [2023 c. 442, § 36]

Sec. 37. (1) The Rules Advisory Committee for Siting Photovoltaic Solar Power Generation Facilities is established to serve as an advisory committee, as described in ORS 183.333, to the Land Conservation and Development Commission in adopting administrative rules under section 35 (2) of this 2023 Act.

(2) The Department of Land Conservation and Development shall appoint the members of the rules advisory committee. In appointing members, the department shall solicit and consider recommendations for membership from:

(a) Public bodies;

(b) Tribal governments;

(d) Energy, community and conservation advocates; and

(e) Individuals who have expertise in the energy or natural resources industries, including renewable energy developers, utilities and agricultural producer associations.

(3) The membership of the rules advisory committee shall consist of at least 17 members, including:

(a) At least two members representing a tribal government or county;

(b) At least one member who represents public bodies;

(d) At least one member who represents large-scale renewable energy developers;

(e) At least one member who has expertise in community renewable energy development;

(f) At least one member who has expertise in renewable energy siting, policy or planning;

(g) At least one member who has expertise in transmission siting;

(h) At least one member who represents electric utilities, as defined in ORS 757.600;

(i) At least one member who represents the labor interests of the clean energy or renewable energy workforce;

(j) At least one member who represents environmental justice communities, as defined in ORS 469A.400;

(k) At least one member who represents owners of irrigated or dryland farmland or rangeland;

(L) At least one member who has expertise in habitat conservation, preservation and restoration;

(m) At least one member who has expertise in land and water use;

(n) At least one member who has expertise in rural economic development;

(o) At least one member who has expertise in industrial forestland management; and

(p) At least one member who has expertise in small woodland management.

(4) In addition to its duties under subsection (1) of this section, the rules advisory committee shall prepare a report that includes:

(a) A summary of the rules adopted under section 35 of this 2023 Act;

(b) Review of renewable energy siting assessment tools used by the State Department of Energy and recommendations regarding missing or outdated data sets;

(c) Review of existing practices relating to mitigation of impacts of photovoltaic solar power generation facilities and transmission development and recommendations for:

(A) Mitigating impacts on farming practices on agricultural lands through best practices and land use regulations;

(B) Mitigating impacts on fish and wildlife habitat in accordance with the policies described under ORS 496.012 and 506.109;

(D) Identifying characteristics and considerations of regional and local habitats that may require specific mitigation practices; and

(d) Recommendations for technical assistance resources to support county siting processes and the engagement of public bodies, tribal governments and communities in the siting process for renewable energy and transmission development.

(5)(a) On or before September 15, 2025, the Department of Land Conservation and Development shall provide an interim copy of the report under subsection (4) of this section to an appropriate interim committee of the Legislative Assembly in the manner provided in ORS 192.245.

(b) On or before December 31, 2025, the department shall provide a copy of the final report under subsection (4) of this section to, and seek feedback from:

(A) Regional energy planning entities;

(B) The Energy Facility Siting Council;

(D) The Land Conservation and Development Commission;

(E) The State Department of Fish and Wildlife;

(F) The State Department of Agriculture; and

(G) Relevant federal agencies, including the United States Department of Defense, the Bureau of Land Management, the United States Forest Service and the Bonneville Power Administration.

(6) A majority of the members of the rules advisory committee constitutes a quorum for the transaction of business.

(7) Official action by the rules advisory committee requires the approval of a majority of the members of the rules advisory committee.

(8) The rules advisory committee may adopt rules necessary for the operation of the rules advisory committee and form subcommittees.

(9) In addition to other scheduled meetings, the rules advisory committee shall also meet at least four times a year in different parts of this state where there is considered, planned or ongoing renewable energy and transmission development.

(10) In performing their duties under this section, the Department of Land Conservation and Development and the rules advisory committee shall coordinate with and support any efforts to establish a statewide energy strategy.

(11) The department shall contract with a third party or parties to provide support to the rules advisory committee, including support related to:

(a) Facilitating and coordinating meetings; and

(b) Furnishing data, maps and technical assistance.

(12) A member of the rules advisory committee is entitled to compensation and expenses as provided in ORS 292.495. [2023 c. 442, § 37]

Sec. 37a. Sections 36 and 37 of this 2023 Act are repealed on January 2, 2026. [2023 c. 442, § 37a]