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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 886
Sponsored by Senator GORSEK
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: The Act tells ODOT that it should focus on asks to build power lines or other systems
on roads when those asks are from places where energy is made from sources that can be replaced,
like sunlight, wind or water. (Flesch Readability Score:60.4).
Directs the Department of Transportation or county authorities to prioritize applications for
renewable energy facilities and lines, facilities or systems for transmitting electricity from
renewable energy facilities when reviewing or granting applications to place, build or construct on
the right of way of a state highway or county road.
A BILL FOR AN ACT
Relating to renewable energy facilities in highway right of way; amending ORS 374.305.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 374.305 is amended to read:
374.305. (1) A person may not place, build or construct on the right of way of any state highway
or county road, any approach road, structure, pipeline, ditch, cable or wire, or any other facility,
thing or appurtenance, or substantially alter any such facility, thing or appurtenance or change the
manner of using any such approach road without first obtaining written permission from the De-
partment of Transportation with respect to state highways or the county court or board of county
commissioners with respect to county roads. In reviewing or granting an application for written
permission, the department or a county court or board of county commissioners [may not discrimi-
nate against or favor a renewable energy facility] shall prioritize applications for renewable en-
ergy facilities and lines, facilities or systems for transmitting electricity from renewable
energy facilities. The department or a county court or board of county commissioners shall
notify the applicant of its decision within 30 days of receipt of the application.
(2) After written notice of not less than 10 days to the permittee and an opportunity for a
hearing, the department with respect to crossings over a state highway and the county court or
board of county commissioners with respect to crossings over a county road may abolish any
crossing at grade by a private road or may alter or change any private road crossing when the
public safety, public convenience and the general welfare require the alteration or change.
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 2078