2017 ORS 274.876¹
Proprietary authorization requirements
  • rules
  • fees

(1) Acting subject to the approval of the State Land Board and in compliance with ORS chapter 183, the Director of the Department of State Lands shall adopt rules necessary to implement the provisions of ORS 274.870 (Definitions for ORS 274.870 to 274.879) to 274.879 (Financial assurance). Rules adopted under this section must include but need not be limited to:

(a) Proprietary authorization requirements for the construction and operation of ocean renewable energy facilities in Oregon’s territorial sea;

(b) The maximum period for which a proprietary authorization may be issued under ORS 274.873 (Proprietary authorizations for ocean renewable energy facilities); and

(c) Provisions to coordinate the issuance of a proprietary authorization decision under ORS 274.873 (Proprietary authorizations for ocean renewable energy facilities) with the issuance of a removal or fill permit decision under ORS 196.800 (Definitions for ORS 196.600 to 196.905) to 196.905 (Applicability) for an ocean renewable energy facility in the territorial sea.

(2)(a) The director may adopt rules establishing application fees related to:

(A) Proprietary authorizations to construct or operate ocean renewable energy facilities within Oregon’s territorial sea; or

(B) Removal or fill permits required under ORS 196.810 (Permit required to remove material from bed or banks of waters) to conduct removal or fill activities related to ocean renewable energy facilities in Oregon’s territorial sea.

(b) The Department of State Lands shall appoint an advisory committee in accordance with ORS 183.333 (Policy statement) to assist the director in drafting rules under this subsection.

(c) In developing the structure and amount of any fees under this subsection, the department shall take into consideration at least the following factors as they would relate to a proposed ocean renewable energy facility subject to the fee:

(A) The size of the proposed ocean renewable energy facility.

(B) The distance from the ocean shore, as defined in ORS 390.605 (Definitions), at which the ocean renewable energy facility will be sited.

(C) The volume of the removal or fill material that will be subject to the removal or fill permit associated with the proposed ocean renewable energy facility.

(D) Whether the proposed ocean renewable energy facility is a research project, demonstration project or commercial operation.

(E) The anticipated useful life of the proposed ocean renewable energy facility.

(F) The expenses incurred by the department and other coordinating agencies in connection with the processing, evaluation and issuance of the proprietary authorization or removal or fill permit for the proposed ocean renewable energy facility. [2015 c.386 §3]

Note: See note under 274.870 (Definitions for ORS 274.870 to 274.879).

Law Review Cita­tions

4 EL 340 (1974)

Chapter 274

Atty. Gen. Opinions

Power of Depart­ment of Environ­mental Quality to regulate mining activities and recovery of oil and geothermal activities, (1972) Vol 35, p 1100; Division of State Lands’ authority to require lease or fill or removal permit for private company dredging submerged offshore lands to harvest clams, (1979) Vol 40, p 35; State Land Board’s authority to delegate duties to Port of Portland, (1979) Vol 40, p 111

Law Review Cita­tions

4 EL 343, 346, 348 (1974)

1 Legislative Counsel Committee, CHAPTER 274—Submersible and Submerged Lands, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors274.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 274, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano274.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.