Department of ENERGY Energy Facility Siting Division Rulemaking - - PowerPoint PPT Presentation

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Department of ENERGY Energy Facility Siting Division Rulemaking - - PowerPoint PPT Presentation

Mar 01, 2024 146 likes •284 views

Oregon Department of ENERGY Energy Facility Siting Division Rulemaking Process Presentation to EFSC Workgroup January 16, 2018 Todd R. Cornett, Assistant Director AUTHORITY FOR RULEMAKING State agencies must have Statutory Authority

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Oregon Department of ENERGY

Energy Facility Siting Division Rulemaking Process Presentation to EFSC Workgroup January 16, 2018 Todd R. Cornett, Assistant Director

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AUTHORITY FOR RULEMAKING

  • State agencies must have Statutory Authority to make a rule
  • A few EFSC statutes granting rulemaking authority:
  • ORS 469.405 – “The council may establish by rule the type of amendment that must be

considered in a contested case proceeding.”

  • ORS 469.470 – “…adopt standards and rules to perform the functions vested by law in the

council…”

  • ORS 469.501 – “The Energy Facility Siting Council shall adopt standards for the siting,

construction, operation and retirement of facilities.”

  • State agencies may not amend, alter, enlarge, or limit terms of statutes

through rulemaking

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RULEMAKING REQUIREMENTS

  • OAR 345-001-0000 – Notice of

Permanent Rulemaking

  • Refers to Secretary of State’s noticing

requirement

  • OAR 345-001-0005 – Uniform

and Model Rules

  • Adopts by reference the Attorney

General’s Uniform and Model Rules

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RULEMAKING PARTICIPANTS

  • EFSC – decision-maker
  • Siting Division – staff to EFSC
  • Rulemaking coordinator, Council secretary, other

staff

  • Department of Justice
  • Reviewing Agencies
  • State agencies, local governments, and tribal

governments

  • Stakeholders
  • Site certificate holders, public, others
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TRACKING RULEMAKING PROJECTS

  • Website
  • Current rulemaking projects
  • EFSC meetings – minutes and audio
  • Annual work schedule
  • Gov Delivery
  • Rulemaking notice list for official notices
  • General notice list for EFSC meetings
  • EFSC Meetings
  • Rulemaking Hearings

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EARLY PUBLIC INVOLVEMENT

  • ORS 183.333(1) “…it is the policy of this state that whenever possible

the public be involved in the development of public policy by agencies and in the drafting of rules. The Legislative Assembly encourages agencies to seek public input to the maximum extent possible before giving notice of intent to adopt a rule.”

  • Staff recommends early public involvement when:
  • High level of interest from outside stakeholders
  • Assistance is needed in generating a rulemaking concept
  • Assistance is needed in drafting rule language

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RULEMAKING DESCRIPTIONS

  • Categories
  • Administrative
  • Housekeeping
  • Standards
  • Process
  • Actions
  • Adopt new rules
  • Amend existing rules
  • Repeal old rules
  • Renumber rules

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RULEMAKING STEPS

Council Initiates Rulemaking Public Workshops Concept Development Draft Language Development Rules Advisory Committee Develop Proposed Language

Rulemaking Notice Public Comment Public Hearing Hearing Officer Report Council Adopts Rules Staff Files Rules

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2017 RULEMAKINGS

Subject Matter Type Public Participation Completion Date

Public Health and Safety for Wind Facilities Standards RAC, Public Hearing 12/15/17 Amendment Process Process Public Workshops, RAC, Public Hearings 10/24/17 Structural and Geologic Standards Public Hearing 10/18/17 Phase 1 – Updates to Carbon Dioxide Standards Standards Public Hearing 10/23/17 Fish and Wildlife Habitat, Threatened and Endangered Species (aka Sage-grouse) Standards Public Hearing 3/8/17

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Amendment Rulemaking 2011 – 2013: Concepts & Draft Language

  • Aug. 19,

2011

  • Oct. 7,

2011

  • Feb. 3,

2012 May 10-11, 2012

  • Aug. 24,

2012

  • Feb. 6,

2013

  • Feb. 19,

2013 March 15, 2013 Council Meetings Public Workshops

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  • Jun. 21,

2013

  • Apr. 16,

2014

  • Jun. 19,

2014

  • Oct. 16,

2014

  • Nov. 21,

2014 June 17, 2016

  • Aug. 19,

2016

  • Nov. 3-4,

2016 Council Meetings RAC Meetings

Amendment Rulemaking 2013 – 2016: Concepts & Draft Language

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Jan. 2017

  • Feb. 24,

2017

  • Apr. 28,

2017

  • May. 25-26,

2017 July 28, 2017

  • Sept. 21-22,

2017

  • Sept. 29,

2017

  • Oct. 19,

2017 Council Meetings Rulemaking Hearings Final Comment Deadline Initial Public Notice

Amendment Rulemaking 2017: Official Notice & Comment

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Final Rules Filed with Secretary of State

  • Oct. 24,

2017

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2018 RULEMAKING SCHEDULE

Subject Matter Type Public Participation Target Timeframe

Administrative Updates see ORS 183.335(7) Administrative n/a Ongoing Periodic Housekeeping Housekeeping Public Hearing Ongoing Phase 2 – Updates to Carbon Dioxide Standards Standards RAC, Public Hearing Q1 – Q2 General Compliance Compliance, Standards, Process RAC, Public Hearing Q1 – Q2 Solar PV – Single Energy Facility and Standards Standards/Definitions Public Workshop, RAC, Public Hearing Q2 – Q3 Scenic Resources, Protected Areas, and Property Owner Notification Standards Public Hearing Q3 – Q4 Exemptions from Requiring a Site Certificate Standards RAC, Public Hearing Q4

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