ORS 469.504
Facility compliance with statewide planning goals

  • exception
  • amendment of local plan and land use regulations
  • conflicts
  • technical assistance
  • rules

(1)

A proposed facility shall be found in compliance with the statewide planning goals under ORS 469.503 (Requirements for approval of energy facility site certificate) (4) if:

(a)

The facility has received local land use approval under the acknowledged comprehensive plan and land use regulations of the affected local government; or

(b)

The Energy Facility Siting Council determines that:

(A)

The facility complies with applicable substantive criteria from the affected local government’s acknowledged comprehensive plan and land use regulations that are required by the statewide planning goals and in effect on the date the application is submitted, and with any Land Conservation and Development Commission administrative rules and goals and any land use statutes that apply directly to the facility under ORS 197.646 (Implementation of new requirement in goal, rule or statute);

(B)

For an energy facility or a related or supporting facility that must be evaluated against the applicable substantive criteria pursuant to subsection (5) of this section, that the proposed facility does not comply with one or more of the applicable substantive criteria but does otherwise comply with the applicable statewide planning goals, or that an exception to any applicable statewide planning goal is justified under subsection (2) of this section; or

(C)

For a facility that the council elects to evaluate against the statewide planning goals pursuant to subsection (5) of this section, that the proposed facility complies with the applicable statewide planning goals or that an exception to any applicable statewide planning goal is justified under subsection (2) of this section.

(2)

The council may find goal compliance for a facility that does not otherwise comply with one or more statewide planning goals by taking an exception to the applicable goal. Notwithstanding the requirements of ORS 197.732 (Goal exceptions), the statewide planning goal pertaining to the exception process or any rules of the Land Conservation and Development Commission pertaining to an exception process goal, the council may take an exception to a goal if the council finds:

(a)

The land subject to the exception is physically developed to the extent that the land is no longer available for uses allowed by the applicable goal;

(b)

The land subject to the exception is irrevocably committed as described by the rules of the Land Conservation and Development Commission to uses not allowed by the applicable goal because existing adjacent uses and other relevant factors make uses allowed by the applicable goal impracticable; or

(c)

The following standards are met:

(A)

Reasons justify why the state policy embodied in the applicable goal should not apply;

(B)

The significant environmental, economic, social and energy consequences anticipated as a result of the proposed facility have been identified and adverse impacts will be mitigated in accordance with rules of the council applicable to the siting of the proposed facility; and

(C)

The proposed facility is compatible with other adjacent uses or will be made compatible through measures designed to reduce adverse impacts.

(3)

If compliance with applicable substantive local criteria and applicable statutes and state administrative rules would result in conflicting conditions in the site certificate or amended site certificate, the council shall resolve the conflict consistent with the public interest. A resolution may not result in a waiver of any applicable state statute.

(4)

An applicant for a site certificate shall elect whether to demonstrate compliance with the statewide planning goals under subsection (1)(a) or (b) of this section. The applicant shall make the election on or before the date specified by the council by rule.

(5)

Upon request by the State Department of Energy, the special advisory group established under ORS 469.480 (Local government advisory group) shall recommend to the council, within the time stated in the request, the applicable substantive criteria under subsection (1)(b)(A) of this section. If the special advisory group does not recommend applicable substantive criteria within the time established in the department’s request, the council may either determine and apply the applicable substantive criteria under subsection (1)(b) of this section or determine compliance with the statewide planning goals under subsection (1)(b)(B) or (C) of this section. If the special advisory group recommends applicable substantive criteria for an energy facility described in ORS 469.300 (Definitions) or a related or supporting facility that does not pass through more than one local government jurisdiction or more than three zones in any one jurisdiction, the council shall apply the criteria recommended by the special advisory group. If the special advisory group recommends applicable substantive criteria for an energy facility as defined in ORS 469.300 (Definitions) (11)(a)(C) to (E) or a related or supporting facility that passes through more than one jurisdiction or more than three zones in any one jurisdiction, the council shall review the recommended criteria and determine whether to evaluate the proposed facility against the applicable substantive criteria recommended by the special advisory group, against the statewide planning goals or against a combination of the applicable substantive criteria and statewide planning goals. In making its determination, the council shall consult with the special advisory group and shall consider:

(a)

The number of jurisdictions and zones in question;

(b)

The degree to which the applicable substantive criteria reflect local government consideration of energy facilities in the planning process; and

(c)

The level of consistency of the applicable substantive criteria from the various zones and jurisdictions.

(6)

The council is not subject to ORS 197.180 (State agency planning responsibilities) and a state agency may not require an applicant for a site certificate to comply with any rules or programs adopted under ORS 197.180 (State agency planning responsibilities).

(7)

On or before its next periodic review, each affected local government shall amend its comprehensive plan and land use regulations as necessary to reflect the decision of the council pertaining to a site certificate or amended site certificate.

(8)

Notwithstanding ORS 34.020 (Who may obtain review) or 197.825 (Jurisdiction of board) or any other provision of law, the affected local government’s land use approval of a proposed facility under subsection (1)(a) of this section and the special advisory group’s recommendation of applicable substantive criteria under subsection (5) of this section shall be subject to judicial review only as provided in ORS 469.403 (Rehearing on approval or rejection of application for site certificate or amendment). If the applicant elects to comply with subsection (1)(a) of this section, the provisions of this subsection shall apply only to proposed projects for which the land use approval of the local government occurs after the date a notice of intent or an application for expedited processing is submitted to the State Department of Energy.

(9)

The State Department of Energy, in cooperation with other state agencies, shall provide, to the extent possible, technical assistance and information about the siting process to local governments that request such assistance or that anticipate having a facility proposed in their jurisdiction. [1997 c.428 §5; 1999 c.385 §10; 2001 c.134 §11; 2003 c.186 §79; 2005 c.829 §12]
Note: 469.504 (Facility compliance with statewide planning goals) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 469.504 — Facility compliance with statewide planning goals; exception; amendment of local plan and land use regulations; conflicts; technical assistance; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors469.­html.

Notes of Decisions

Except as expressly provided within statute, Energy Facility Siting Council may not determine facility compliance with statewide planning goals by using combination of different evaluation methods. Save Our Rural Oregon v. Energy Facility Siting Council, 339 Or 353, 121 P3d 1141 (2005)

Energy Facility Siting Council is not required to compare proposed facility site with other potential sites. Save Our Rural Oregon v. Energy Facility Siting Council, 339 Or 353, 121 P3d 1141 (2005)

469.010
Policy
469.020
Definitions
469.030
State Department of Energy
469.040
Director
469.050
Limitations on subsequent employment of director
469.055
Authority of department to require fingerprints
469.059
Biennial comprehensive report
469.080
Energy resource information
469.085
Procedure for imposing civil penalties
469.090
Confidentiality of information submitted under ORS 469.080
469.097
Duty to monitor industry progress in energy conservation
469.100
Agency consideration of legislative policy
469.110
Dealings with federal government
469.120
State Department of Energy Account
469.135
Energy Conservation Clearinghouse for Commerce and Industry
469.137
Biogas and renewable natural gas inventory
469.150
Energy suppliers to provide conservation services and information
469.155
Advisory energy conservation standards for dwellings
469.229
Definitions for ORS 469.229 to 469.261
469.233
Energy efficiency standards
469.238
Sale of products not meeting standards prohibited
469.239
Installation of products not meeting standards prohibited
469.255
Manufacturers to test products
469.261
Department to review standards
469.300
Definitions
469.310
Policy
469.320
Site certificate required
469.330
Notice of intent to file application for site certificate
469.350
Application for site certificate
469.360
Evaluation of notice of intent, site application or expedited review request
469.370
Draft proposed order for hearing
469.373
Expedited processing for certain natural gas energy facilities
469.375
Required findings for radioactive waste disposal facility certificate
469.378
Land use compatibility statement for energy facility
469.401
Energy facility site certificate
469.402
Delegation of review of future action required by site certificate
469.403
Rehearing on approval or rejection of application for site certificate or amendment
469.405
Amendment of site certificate
469.407
Amendment of application to increase capacity of facility
469.409
Amendment of site certificate to demonstrate compliance with carbon dioxide emissions standard
469.410
Energy facility site certificate applications filed or under construction prior to July 2, 1975
469.413
Power generation from fossil fuels
469.421
Fees
469.424
Energy resource suppliers
469.426
Advisory group
469.430
Site inspections
469.440
Grounds for revocation or suspension of certificates
469.441
Justification of fees charged
469.442
Procedure prior to construction of transmission line in excess of 230,000 volts
469.450
Energy Facility Siting Council
469.460
Officers
469.470
Powers and duties
469.480
Local government advisory group
469.490
Adoption of rules
469.501
Energy facility siting, construction, operation and retirement standards
469.503
Requirements for approval of energy facility site certificate
469.504
Facility compliance with statewide planning goals
469.505
Consultation with other agencies
469.507
Monitoring environmental and ecological effects of construction and operation of energy facilities
469.520
Cooperation of state governmental bodies
469.525
Prohibitions on radioactive waste disposal, arrangements for disposal, transportation for disposal and disposal facilities
469.530
Review and approval of security programs
469.533
State Department of Energy rules for health protection and evacuation procedures in nuclear emergency
469.534
County procedures
469.535
Governor may assume control of emergency operations during nuclear accident or catastrophe
469.536
Public utility to disseminate information under ORS 469.533
469.540
Reductions or curtailment of operations for violation of safety standards
469.550
Order for halt of plant operations or activities with radioactive material
469.553
Active uranium mill or mill tailings disposal facility site certification required
469.556
Rules governing uranium-related activities
469.559
Cooperative agreements authorized between council and federal officials and agencies
469.560
Records
469.561
Property insurance required
469.562
Eligible insurers
469.563
Court orders for enforcement
469.564
Records or information for enforcement
469.566
Legislative findings
469.568
Construction of ORS 469.566 to 469.583
469.569
Definitions for ORS 469.566 to 469.583
469.571
Oregon Hanford Cleanup Board
469.572
Compensation of board members
469.573
Purpose of Oregon Hanford Cleanup Board
469.574
Duties of Oregon Hanford Cleanup Board
469.575
Duties of chairperson of Oregon Hanford Cleanup Board
469.576
Review of Hanford as site selected for long-term disposal of high-level radioactive waste
469.577
Lead agency
469.578
Oregon Hanford Cleanup Board to implement agreements with federal agencies
469.579
Authority to accept moneys
469.581
Advisory and technical committees
469.582
Cooperation with Oregon Hanford Cleanup Board
469.583
Rules
469.584
Findings
469.585
Activities of state related to selection of high-level radioactive waste disposal site
469.586
Findings
469.587
Position of State of Oregon related to operation of Hanford Nuclear Reservation
469.590
Definitions for ORS 469.590 to 469.595
469.593
Findings
469.594
Storage of high-level radioactive waste after expiration of license prohibited
469.595
Condition to site certificate for nuclear-fueled thermal power plant
469.597
Election procedure
469.599
Public Utility Commission’s duty
469.601
Effect of ORS 469.595 on applications and applicants
469.603
Intent to regulate transportation of radioactive material
469.605
Permit to transport required
469.606
Determination of best and safest route
469.607
Authority of council
469.609
Annual report to state agencies and local governments on shipment of radioactive wastes
469.611
Emergency preparedness and response program
469.613
Records
469.615
Indemnity for claims against state insurance coverage certification
469.617
Report to legislature
469.619
State Department of Energy to make federal regulations available
469.631
Definitions for ORS 469.631 to 469.645
469.633
Investor-owned utility program
469.634
Contributions for urban and community forest activities by customers of investor-owned utilities
469.635
Alternative program of investor-owned utilities
469.636
Additional financing program by investor-owned utility for rental dwelling
469.637
Energy conservation part of utility service of investor-owned utility
469.639
Billing for energy conservation measures
469.641
Conditions for cash payments to dwelling owner by investor-owned utility
469.643
Formula for customer charges
469.645
Implementation of program by investor-owned utility
469.649
Definitions for ORS 469.649 to 469.659
469.651
Publicly owned utility program
469.652
Contributions for urban and community forest activities by customers of publicly owned utilities
469.653
Alternative program of publicly owned utility
469.655
Energy conservation as part of utility service of publicly owned utility
469.657
Conditions for cash payments to dwelling owner by publicly owned utility
469.659
Implementation of program by publicly owned utility
469.685
Use of earlier energy audit
469.687
Title for ORS 456.594 to 456.599 and 469.631 to 469.687
469.700
Energy efficiency ratings
469.703
Home energy performance score system
469.710
Definitions for ORS 469.710 to 469.720
469.715
Low interest loans for cost-effective energy conservation
469.717
When installation to be completed
469.719
Eligibility of lender for tax credit not affected by owner’s failure
469.720
Energy audit required
469.730
Declaration of purpose
469.735
Definitions for ORS 469.730 to 469.745
469.740
Rules establishing energy conservation standards for public buildings
469.745
Voluntary compliance program
469.750
State purchase of alternative fuels
469.752
Definitions for ORS 469.752 to 469.756
469.754
Authority of state agencies to establish projects
469.756
Rules
469.802
Definition for ORS 469.802 to 469.845
469.803
Oregon participation in Pacific Northwest Electric Power and Conservation Planning Council
469.805
State members of council
469.810
Conflicts of interest prohibited
469.815
Status of members
469.820
Term
469.825
Prohibited activities of members
469.830
Removal of members
469.835
Salary of members
469.840
Northwest Regional Power and Conservation Account
469.845
Annual report to Governor and legislature
469.860
Definitions for ORS 469.860 to 469.900
469.863
Gas utility to adopt commercial energy audit program
469.865
Electric utility to adopt commercial energy conservation services program
469.870
Application of ORS 469.865, 469.870 and 469.900 (1) to electric utility
469.875
Fee for gas utility audit
469.880
Energy audit program
469.885
Publicly owned utility to adopt commercial energy audit program
469.890
Publicly owned utility to adopt commercial energy conservation program
469.895
Application of ORS 469.890 to 469.900 to publicly owned utility
469.900
Duty of commission to avoid conflict with federal requirements
469.930
Northwest Interstate Compact on Low-Level Radioactive Waste Management
469.950
Authority to enter into interstate cooperative agreements to control power costs and rates
469.990
Penalties
469.992
Civil penalties
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