Bill Text: OR HB3242 | 2013 | Regular Session | Introduced

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Bill Title: Relating to renewable energy; declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3242 Detail]

Download: Oregon-2013-HB3242-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2389

                         House Bill 3242

Sponsored by Representative NATHANSON

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Provides that Director of Department of State Lands may adopt
rules for authorization of certain renewable energy facilities or
devices within Oregon's territorial sea. Provides that Department
of State Lands may grant certain leases, easements and rights of
way for facilities or devices.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to renewable energy; creating new provisions; amending
  ORS 274.867; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 274.867 is amended to read:
  274.867. (1) { + (a) + } In accordance with applicable
provisions of ORS chapter 183, the Director of the Department of
State Lands may adopt rules for the authorization of wave energy
facilities or devices.
    { - (2) - }   { + (b) + } Unless exempted under rules adopted
by the director under this   { - section - }
 { + subsection + }, an owner or operator of a facility or device
sited within Oregon's territorial sea, as defined in ORS 196.405,
that converts the kinetic energy of waves into electricity shall
maintain cost estimates of the amount of financial assurance that
is necessary, and demonstrate evidence of financial assurance,
for:
    { - (a) - }   { + (A) + } The costs of closure and
post-closure maintenance, excluding the removal of anchors that
lie beneath submerged lands in Oregon's territorial sea, of the
facility or device; and
    { - (b) - }   { + (B) + } Any corrective action required to
be taken at the site of the facility or device.
    { - (3) - }   { + (c) + } The financial assurance
requirements established by
  { - subsection (2) of this section - }   { + paragraph (b) of
this subsection + } may be satisfied by any one or a combination
of the following:
    { - (a) - }   { + (A) + } Insurance;
    { - (b) - }   { + (B) + } Establishment of a trust fund;
    { - (c) - }   { + (C) + } A surety bond;
    { - (d) - }   { + (D) + } A letter of credit;
    { - (e) - }   { + (E) + } Qualification as a self-insurer; or

    { - (f) - }   { + (F) + } Any other method set forth in rules
adopted by the director.
    { - (4) - }   { + (d) + } In adopting rules to implement the
provisions of this   { - section - }   { + subsection + }, the
director may specify policy or other contractual terms,
conditions or defenses necessary to establish evidence of
financial assurance.
    { - (5)(a) - }   { + (e)(A) + } The owner or operator of a
facility or device described in   { - subsection (2) of this
section - }   { + paragraph (b) of this subsection + } must
provide the evidence of financial assurance required under this
 { - section - }   { + subsection + } for closure, post-closure
maintenance and corrective action at the time operation of the
facility or device is authorized.
    { - (b) - }   { + (B) + } By January 31 of each subsequent
calendar year, the owner or operator of the facility or device
must update the information required under this
 { - subsection - }   { + paragraph + } with the Department of
State Lands.
    { - (6) - }   { + (f) + } When financial assurance is
required for corrective action at the site of a facility or
device described in
  { - subsection (2) of this section - }   { + paragraph (b) of
this subsection + }, the owner or operator shall provide evidence
of financial assurance before beginning corrective action.
    { - (7) - }   { + (g) + } An owner or operator required to
provide financial assurance under this   { - section - }
 { + subsection + } shall establish provisions satisfactory to
the director for disposing of any excess moneys received or
interest earned on moneys received for financial assurance.
   { +  (2)(a) In addition to the provisions specified in
subsection (1) of this section, in order to ensure the orderly,
safe and environmentally responsible development of wave energy,
the Department of State Lands may grant leases, easements and
rights of way for wave energy facilities or devices within
Oregon's territorial sea, as defined in ORS 196.405.
  (b) The Director of the Department of State Lands may adopt
rules to carry out the provisions of this subsection, including
but not limited to rules related to financial assurance
requirements. + }
  SECTION 2. { +  Section 3 of this 2013 Act is added to and made
a part of ORS chapter 274. + }
  SECTION 3. { +  (1) In accordance with applicable provisions of
ORS chapter 183, the Director of the Department of State Lands
may adopt rules for the authorization of renewable energy
facilities or devices, other than wave energy facilities or
devices as specified in ORS 274.867, within Oregon's territorial
sea, as defined in ORS 196.405.
  (2) In order to ensure the orderly, safe and environmentally
responsible development of renewable energy sources other than
wave energy as specified in ORS 274.867, the Department of State
Lands may grant leases, easements and rights of way for renewable
energy facilities or devices, other than wave energy facilities
or devices as specified in ORS 274.867, within Oregon's
territorial sea, as defined in ORS 196.405.
  (3) The Director of the Department of State Lands may adopt
rules to carry out the provisions of this section, including but
not limited to rules related to financial assurance
requirements. + }
  SECTION 4.  { + (1) Except as provided in subsection (2) of
this section, sections 2 and 3 of this 2013 Act and the
amendments to ORS 274.867 by section 1 of this 2013 Act become
operative on January 1, 2014.
  (2) The Director of the Department of State Lands may adopt
rules or take any other action before the operative date
specified in subsection (1) of this section that is necessary to
implement, on and after the operative date specified in
subsection (1) of this section, sections 2 and 3 of this 2013 Act
and ORS 274.867, as amended by section 1 of this 2013 Act. + }
  SECTION 5.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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