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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3422
Sponsored by Representative BOSHART DAVIS
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.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: Adds to the standards that must be met for EFSC to take an exception to a planning
goal for a proposed energy facility. (Flesch Readability Score: 62.1).
Adds a criterion to the standards that the Energy Facility Siting Council must find for the
council to take an exception to an applicable statewide planning goal for a proposed energy facility.
Applies to exceptions taken on or after the effective date of this Act.
Takes effect on the 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to energy facility compliance with statewide planning goals; creating new provisions;
amending ORS 469.504; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 469.504, as amended by section 4, chapter 25, Oregon Laws 2024, is amended
to read:
469.504. (1) A proposed facility shall be found in compliance with the statewide planning goals
under ORS 469.503 (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;
(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 pur-
suant to subsection (5) of this section, that the proposed facility complies with the applicable state-
wide 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, the statewide planning goal pertaining to the exception process
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 155 HB3422
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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 imprac-
ticable; or
(c) The following standards are met:
(A) Reasons justify why the state policy embodied in the applicable goal should not apply;
(B) Areas that do not require a new exception cannot reasonably accommodate the pro-
posed facility;
[(B)] (C) 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)](D) 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 shall recommend to the council, within the time stated in the request, the ap-
plicable 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 sub-
section (1)(b) of this section or determine compliance with the statewide planning goals under sub-
section (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 or a related or supporting fa-
cility 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 advi-
sory group. If the special advisory group recommends applicable substantive criteria for an energy
facility as defined in ORS 469.300 (12)(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 state-
wide 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 consider-
ation of energy facilities in the planning process; and
[2] HB3422
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(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 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.
(7) On or before its next periodic review, each affected local government shall amend its com-
prehensive plan and land use regulations as necessary to reflect the decision of the council per-
taining to a site certificate or amended site certificate.
(8) Notwithstanding ORS 34.020 or 197.825 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. 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 Depart-
ment 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 govern-
ments that request such assistance or that anticipate having a facility proposed in their jurisdiction.
SECTION 2. The amendments to ORS 469.504 by section 1 of this 2025 Act apply to ex-
ceptions to an applicable goal taken on or after the effective date of this 2025 Act by the
Energy Facility Siting Council.
SECTION 3.This 2025 Act takes effect on the 91st day after the date on which the 2025
regular session of the Eighty-third Legislative Assembly adjourns sine die.
[3]