Bill Text: OR HB4078 | 2012 | Regular Session | Introduced

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Bill Title: Relating to solar energy generation; declaring an emergency.

Spectrum: Unknown

Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4078 Detail]

Download: Oregon-2012-HB4078-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 122

                         House Bill 4078

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of House Interim Committee on Energy,
  Environment and Water)

                             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.

  Authorizes local government to conditionally approve siting of
photovoltaic solar energy facility when site certificate is not
required and facility is on farmland that is not high-value
farmland but is within area zoned for exclusive farm use.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to solar energy generation; creating new provisions;
  amending ORS 469.300; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2012 Act is added to and made
a part of ORS chapter 215. + }
  SECTION 2.  { + (1) If a photovoltaic solar energy facility
does not require a site certificate, as defined in ORS 469.300,
the governing body of a county, or its designee, may
conditionally approve under ORS 215.213 (2)(g) or 215.283 (2)(g)
the siting of the photovoltaic solar energy facility on farmland
that is less than two miles from available transmission or
distribution lines and that contains soils determined under the
Agricultural Capability Classification System in use by the
Natural Resources Conservation Service of the United States
Department of Agriculture to be:
  (a) Predominantly in capability classes VI to VIII, if the
farmland has not been irrigated for crop production for more than
one of the five calendar years before installation of the
proposed facility is completed; or
  (b) Predominantly in capability class IV or V, if the county or
its designee finds that the proposed site is not reasonably
capable of supporting commercial agricultural crop production for
reasons including, but not limited to, poor soil quality, rocks
and inability to obtain necessary irrigation water.
  (2) When a photovoltaic solar energy facility is sited pursuant
to subsection (1) of this section, an exception under ORS 197.732
to a statewide land use planning goal relating to agricultural
lands is not required.
  (3) When a county approves an application under this section,
the county shall incorporate in the terms of the approval, if
necessary, a mitigation plan to:

  (a) Offset adverse impacts on wildlife due to the proposed
development of the photovoltaic solar energy facility; and
  (b) Facilitate operation of the photovoltaic solar energy
facility in compliance with state law and local ordinances and
resolutions, if any, protecting fish and wildlife resources,
including habitat required to sustain local or migratory fish or
wildlife populations.
  (4) An applicant seeking conditional approval under this
section of the siting of a photovoltaic solar energy facility
shall consult with the State Department of Fish and Wildlife to
develop the mitigation plan described in subsection (3) of this
section.
  (5) If the application is approved by the county, and the
applicant and the department have:
  (a) Agreed to a mitigation plan, the county shall incorporate
the mitigation plan into the terms of the approval.
  (b) Not agreed to a mitigation plan, the county shall establish
a technical advisory committee to work with the applicant and the
department to reach agreement.
  (6) If the applicant and the department cannot agree to a
mitigation plan through interaction with and advice from the
technical advisory committee, the county shall determine the
appropriate mitigation requirements, if any, and incorporate the
mitigation requirements into the terms of the approval.
  (7) A county shall consult with the Energy Facility Siting
Council regarding jurisdiction over an application to site a
photovoltaic solar energy facility submitted under this section
if:
  (a) The proposed site is within 1,320 feet of an existing or
approved photovoltaic solar energy facility; and
  (b) It appears to the county that existing, approved and
proposed facilities in the aggregate constitute an energy
generation area, as defined in ORS 469.300.
  (8) If the council asserts jurisdiction over the application,
the council may, to the extent practicable, consolidate all
pending applications for consideration in a single review
process. + }
  SECTION 3. ORS 469.300 is amended to read:
  469.300. As used in ORS 469.300 to 469.563, 469.590 to 469.619,
469.930 and 469.992, unless the context requires otherwise:
  (1) 'Applicant' means any person who makes application for a
site certificate in the manner provided in ORS 469.300 to
469.563, 469.590 to 469.619, 469.930 and 469.992.
  (2) 'Application' means a request for approval of a particular
site or sites for the construction and operation of an energy
facility or the construction and operation of an additional
energy facility upon a site for which a certificate has already
been issued, filed in accordance with the procedures established
pursuant to ORS 469.300 to 469.563, 469.590 to 469.619, 469.930
and 469.992.
  (3) 'Associated transmission lines' means new transmission
lines constructed to connect an energy facility to the first
point of junction of such transmission line or lines with either
a power distribution system or an interconnected primary
transmission system or both or to the Northwest Power Grid.
  (4) 'Average electric generating capacity' means the peak
generating capacity of the facility divided by one of the
following factors:
  (a) For wind   { - or solar - }  energy facilities, 3.00;
   { +  (b) For photovoltaic solar energy facilities, 1.50; + }
    { - (b) - }   { + (c) + } For geothermal energy facilities,
1.11; or
    { - (c) - }   { + (d) + } For all other energy facilities,
1.00.

  (5) 'Combustion turbine power plant' means a thermal power
plant consisting of one or more fuel-fired combustion turbines
and any associated waste heat combined cycle generators.
  (6) 'Construction' means work performed on a site, excluding
surveying, exploration or other activities to define or
characterize the site, the cost of which exceeds $250,000.
  (7) 'Council' means the Energy Facility Siting Council
established under ORS 469.450.
  (8) 'Department' means the State Department of Energy created
under ORS 469.030.
  (9) 'Director' means the Director of the State Department of
Energy appointed under ORS 469.040.
  (10) 'Electric utility' means persons, regulated electrical
companies, people's utility districts, joint operating agencies,
electric cooperatives, municipalities or any combination thereof,
engaged in or authorized to engage in the business of generating,
supplying, transmitting or distributing electric energy.
  (11)(a) 'Energy facility' means any of the following:
  (A) An electric power generating plant with a nominal electric
generating capacity of 25 megawatts or more, including but not
limited to:
  (i) Thermal power; or
  (ii) Combustion turbine power plant.
  (B) A nuclear installation as defined in this section.
  (C) A high voltage transmission line of more than 10 miles in
length with a capacity of 230,000 volts or more to be constructed
in more than one city or county in this state, but excluding:
  (i) Lines proposed for construction entirely within 500 feet of
an existing corridor occupied by high voltage transmission lines
with a capacity of 230,000 volts or more; and
  (ii) Lines of 57,000 volts or more that are rebuilt and
upgraded to 230,000 volts along the same right of way.
  (D) A solar collecting facility   { - using - }   { + that
employs heliostat technology, solar thermal technology or other
reflective technology and that uses  + }more than 100 acres of
land.
  (E) A pipeline that is:
  (i) At least six inches in diameter, and five or more miles in
length, used for the transportation of crude petroleum or a
derivative thereof, liquefied natural gas, a geothermal energy
form in a liquid state or other fossil energy resource, excluding
a pipeline conveying natural or synthetic gas;
  (ii) At least 16 inches in diameter, and five or more miles in
length, used for the transportation of natural or synthetic gas,
but excluding:
  (I) A pipeline proposed for construction of which less than
five miles of the pipeline is more than 50 feet from a public
road, as defined in ORS 368.001; or
  (II) A parallel or upgraded pipeline up to 24 inches in
diameter that is constructed within the same right of way as an
existing 16-inch or larger pipeline that has a site certificate,
if all studies and necessary mitigation conducted for the
existing site certificate meet or are updated to meet current
site certificate standards; or
  (iii) At least 16 inches in diameter and five or more miles in
length used to carry a geothermal energy form in a gaseous state
but excluding a pipeline used to distribute heat within a
geothermal heating district established under ORS chapter 523.
  (F) A synthetic fuel plant   { - which - }   { + that + }
converts a natural resource including, but not limited to, coal
or oil to a gas, liquid or solid product intended to be used as a
fuel and capable of being burned to produce the equivalent of two
billion Btu of heat a day.
  (G) A plant   { - which - }   { + that  + }converts biomass to
a gas, liquid or solid product, or combination of such products,
intended to be used as a fuel and if any one of such products is
capable of being burned to produce the equivalent of six billion
Btu of heat a day.
  (H) A storage facility for liquefied natural gas constructed
after September 29, 1991, that is designed to hold at least
70,000 gallons.
  (I) A surface facility related to an underground gas storage
reservoir that, at design injection or withdrawal rates, will
receive or deliver more than 50 million cubic feet of natural or
synthetic gas per day, or require more than 4,000 horsepower of
natural gas compression to operate, but excluding:
  (i) The underground storage reservoir;
  (ii) The injection, withdrawal or monitoring wells and
individual wellhead equipment; and
  (iii) An underground gas storage reservoir into which gas is
injected solely for testing or reservoir maintenance purposes or
to facilitate the secondary recovery of oil or other
hydrocarbons.
  (J) An electric power generating plant with an average electric
generating capacity of 35 megawatts or more if the power is
produced from geothermal,  { + photovoltaic + } solar or wind
energy at a single energy facility or within a single energy
generation area.
  (b) 'Energy facility' does not include a hydroelectric
facility.
  (12) 'Energy generation area' means an area within which the
effects of two or more small generating plants may accumulate so
the small generating plants have effects of a magnitude similar
to a single generating plant of 35 megawatts average electric
generating capacity or more. An 'energy generation area' for
facilities using a geothermal resource and covered by a unit
agreement, as provided in ORS 522.405 to 522.545 or by federal
law, shall be defined in that unit agreement. If no such unit
agreement exists, an energy generation area for facilities using
a geothermal resource shall be the area that is within two miles,
measured from the electrical generating equipment of the
facility, of an existing or proposed geothermal electric power
generating plant, not including the site of any other such plant
not owned or controlled by the same person.
  (13) 'Extraordinary nuclear occurrence' means any event causing
a discharge or dispersal of source material, special nuclear
material or by-product material as those terms are defined in ORS
453.605, from its intended place of confinement off-site, or
causing radiation levels off-site, that the United States Nuclear
Regulatory Commission or its successor determines to be
substantial and to have resulted in or to be likely to result in
substantial damages to persons or property off-site.
  (14) 'Facility' means an energy facility together with any
related or supporting facilities.
  (15) 'Geothermal reservoir' means an aquifer or aquifers
containing a common geothermal fluid.
  (16) 'Local government' means a city or county.
  (17) 'Nominal electric generating capacity' means the maximum
net electric power output of an energy facility based on the
average temperature, barometric pressure and relative humidity at
the site during the times of the year when the facility is
intended to operate.
  (18) 'Nuclear incident' means any occurrence, including an
extraordinary nuclear occurrence, that results in bodily injury,
sickness, disease, death, loss of or damage to property or loss
of use of property due to the radioactive, toxic, explosive or
other hazardous properties of source material, special nuclear
material or by-product material as those terms are defined in ORS
453.605.
  (19) 'Nuclear installation' means any power reactor, nuclear
fuel fabrication plant, nuclear fuel reprocessing plant, waste
disposal facility for radioactive waste, and any facility
handling that quantity of fissionable materials sufficient to
form a critical mass. 'Nuclear installation' does not include any
such facilities that are part of a thermal power plant.
  (20) 'Nuclear power plant' means an electrical or any other
facility using nuclear energy with a nominal electric generating
capacity of 25 megawatts or more, for generation and distribution
of electricity, and associated transmission lines.
  (21) 'Person' means an individual, partnership, joint venture,
private or public corporation, association, firm, public service
company, political subdivision, municipal corporation, government
agency, people's utility district, or any other entity, public or
private, however organized.
  (22) 'Project order' means the order, including any amendments,
issued by the State Department of Energy under ORS 469.330.
  (23)(a) 'Radioactive waste' means all material which is
discarded, unwanted or has no present lawful economic use, and
contains mined or refined naturally occurring isotopes,
accelerator produced isotopes and by-product material, source
material or special nuclear material as those terms are defined
in ORS 453.605. The term does not include those radioactive
materials identified in OAR 345-50-020, 345-50-025 and
345-50-035, adopted by the council on December 12, 1978, and
revised periodically for the purpose of adding additional
isotopes which are not referred to in OAR 345-50 as presenting no
significant danger to the public health and safety.
  (b) Notwithstanding paragraph (a) of this subsection, '
radioactive waste' does not include uranium mine overburden or
uranium mill tailings, mill wastes or mill by-product materials
as those terms are defined in Title 42, United States Code,
section 2014, on June 25, 1979.
  (24) 'Related or supporting facilities' means any structure,
proposed by the applicant, to be constructed or substantially
modified in connection with the construction of an energy
facility, including associated transmission lines, reservoirs,
storage facilities, intake structures, road and rail access,
pipelines, barge basins, office or public buildings, and
commercial and industrial structures. 'Related or supporting
facilities' does not include geothermal or underground gas
storage reservoirs, production, injection or monitoring wells or
wellhead equipment or pumps.
  (25) 'Site' means any proposed location of an energy facility
and related or supporting facilities.
  (26) 'Site certificate' means the binding agreement between the
State of Oregon and the applicant, authorizing the applicant to
construct and operate a facility on an approved site,
incorporating all conditions imposed by the council on the
applicant.
  (27) 'Thermal power plant' means an electrical facility using
any source of thermal energy with a nominal electric generating
capacity of 25 megawatts or more, for generation and distribution
of electricity, and associated transmission lines, including but
not limited to a nuclear-fueled, geothermal-fueled or
fossil-fueled power plant, but not including a portable power
plant the principal use of which is to supply power in
emergencies. 'Thermal power plant' includes a nuclear-fueled
thermal power plant that has ceased to operate.
  (28) 'Transportation' means the transport within the borders of
the State of Oregon of radioactive material destined for or
derived from any location.
  (29) 'Underground gas storage reservoir' means any subsurface
sand, strata, formation, aquifer, cavern or void, whether natural
or artificially created, suitable for the injection, storage and
withdrawal of natural gas or other gaseous substances.
'Underground gas storage reservoir' includes a pool as defined in
ORS 520.005.
  (30) 'Utility' includes:
  (a) A person, a regulated electrical company, a people's
utility district, a joint operating agency, an electric
cooperative, municipality or any combination thereof, engaged in
or authorized to engage in the business of generating,
transmitting or distributing electric energy;
  (b) A person or public agency generating electric energy from
an energy facility for its own consumption; and
  (c) A person engaged in this state in the transmission or
distribution of natural or synthetic gas.
  (31) 'Waste disposal facility' means a geographical site in or
upon which radioactive waste is held or placed but does not
include a site at which radioactive waste used or generated
pursuant to a license granted under ORS 453.635 is stored
temporarily, a site of a thermal power plant used for the
temporary storage of radioactive waste from that plant for which
a site certificate has been issued pursuant to this chapter or a
site used for temporary storage of radioactive waste from a
reactor operated by a college, university or graduate center for
research purposes and not connected to the Northwest Power Grid.
As used in this subsection, 'temporary storage' includes storage
of radioactive waste on the site of a nuclear-fueled thermal
power plant for which a site certificate has been issued until a
permanent storage site is available by the federal government.
  SECTION 4.  { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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