Oregon Revised Statutes Chapter 215 § 215.446 — Renewable energy facility; application; standards; notices

Renewable energy facility; application; standards; notices. (1) As used in this section: (a) “Average electric generating capacity” has the meaning given that term in ORS 469.300. (b) “Energy generation area” has the meaning given that term in ORS 469.300. (c) “Renewable energy facility” means: (A) A solar photovoltaic power generation facility using: (i) More than 100 acres but not more than 240 acres located on high-value farmland as defined in ORS 195.300; (ii) More than 100 acres but not more than 2,560 acres located on land that is predominantly cultivated or that, if not cultivated, is predominantly composed of soils that are in capability classes I to IV, as specified by the National Cooperative Soil Survey operated by the Natural Resources Conservation Service of the United States Department of Agriculture; or (iii) More than 320 acres but not more than 3,840 acres located on any other land. (B) An electric power generating plant with an average electric generating capacity of at least 35 megawatts but less than 50 megawatts if the power is produced from geothermal energy at a single plant or within a single energy generation area. (C) An electric power generating plant with an average electric generating capacity of at least 35 megawatts but less than 100 megawatts if the power is produced from wind energy at a single energy facility or within a single energy generation area. (2) An application for a land use permit to establish a renewable energy facility must be made under ORS 215.416. An applicant must demonstrate to the satisfaction of the county that the renewable energy facility meets the standards under subsection (3) of this section. (3) In order to issue a permit, the county shall require that the applicant: (a)(A) Consult with the State Department of Fish and Wildlife, prior to submitting a final application to the county, regarding fish and wildlife habitat impacts and any mitigation plan that is necessary; (B) Conduct a habitat assessment of the proposed development site; (C) Develop a mitigation plan to address significant fish and wildlife habitat impacts consistent with the administrative rules adopted by the State Fish and Wildlife Commission for the purposes of implementing ORS 496.012; and (D) Follow administrative rules adopted by the State Fish and Wildlife Commission and rules adopted by the Land Conservation and Development Commission to implement the Oregon Sage-Grouse Action Plan and Executive Order 15-18. (b) Demonstrate that the construction and operation of the renewable energy facility, taking into account mitigation, will not result in significant adverse impacts to historic, cultural and archaeological resources that are: (A) Listed on the National Register of Historic Places under the National Historic Preservation Act (P.L. 89-665, 54 U.S.C. 300101 et seq.); (B) Inventoried in a local comprehensive plan; or (C) Evaluated as a significant or important archaeological object or archaeological site, as those terms are defined in ORS 358.905. (c) Demonstrate that the site for a renewable energy facility, taking into account mitigation, can be restored adequately to a useful, nonhazardous condition following permanent cessation of construction or operation of the facility and that the applicant has a reasonable likelihood of obtaining financial assurances in a form and amount satisfactory to the county to secure restoration of the site to a useful, nonhazardous condition. (d) Meet the general and specific standards for a renewable energy facility adopted by the Energy Facility Siting Council under ORS 469.470 (2) and 469.501 that the county determines are applicable. (e) Provide the financial assurances described in paragraph (c) of this subsection in the form and at the time specified by the county. (f) For a renewable energy facility that is a solar photovoltaic power generation facility using the number of acres described in subsection (4) of this section, provide a decommissioning plan to accomplish the restoration of the site to a useful, nonhazardous condition as described in paragraph (c) of this subsection. A decommissioning plan provided under this paragraph must include bonding or other security as the financial assurances described in paragraph (c) of this subsection. (g) For a renewable energy facility that is an electric power generating plant with an average electric generating capacity of at least 50 megawatts but less than 100 megawatts that produces the power from wind energy at a single energy facility or within a single energy generation area, provide a decommissioning plan to accomplish the restoration of the site to a useful, nonhazardous condition as described in paragraph (c) of this subsection. A decommissioning plan provided under this paragraph must include bonding or other security as the financial assurances described in paragraph (c) of this subsection. (4) The requirements in