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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
House Bill 3681
Sponsored by Representative GAMBA; Representatives ANDERSEN, HELM, Senators GOLDEN,
SOLLMAN
CHAPTER .................................................
AN ACT
Relating to energy facilities; creating new provisions; and amending ORS 469.370, 469.401, 469.403,
469.405 and 758.015.
Be It Enacted by the People of the State of Oregon:
ENERGY FACILITY SITING PROCESS
SECTION 1. ORS 469.370 is amended to read:
469.370. (1) Based on its review of the application and the comments and recommendations on
the application from state agencies and local governments, the State Department of Energy shall
prepare and issue a draft proposed order on the application.
(2) Following issuance of the draft proposed order, the Energy Facility Siting Council shall hold
one or more public hearings on the application for a site certificate in the affected area and else-
where, as the council considers necessary. Notice of the hearing shall be mailed at least 20 days
before the hearing. The notice shall, at a minimum:
(a) Comply with the requirements of ORS 197.797 (2), with respect to the persons notified;
(b) Include a description of the facility and the facility’s general location;
(c) Include the name of an agency representative to contact and the telephone number where
additional information may be obtained;
(d) State that copies of the application and draft proposed order are available for inspection at
no cost and will be provided at a reasonable cost; and
(e) State that failure to raise an issue in person or in writing prior to the close of the record
of the public hearing with sufficient specificity to afford the decision maker an opportunity to re-
spond to the issue precludes consideration of the issue in a contested case.
(3) Any issue that may be the basis for a contested case shall be raised not later than the close
of the record at or following the final public hearing prior to issuance of the department’s proposed
order. Such issues shall be raised with sufficient specificity to afford the council, the department
and the applicant an adequate opportunity to respond to each issue. A statement of this requirement
shall be made at the commencement of any public hearing on the application.
(4) After reviewing the application, the draft proposed order and any testimony given at the
public hearing and after consulting with other agencies, the department shall issue a proposed order
recommending approval or rejection of the application. The department shall issue public notice of
the proposed order, that shall include notice of a contested case hearing specifying a deadline for
requests to participate as a party or limited party and a date for the prehearing conference.
Enrolled House Bill 3681 (HB 3681-A)Page 1
(5) Following receipt of the proposed order from the department, the council shall conduct a
contested case hearing on the application for a site certificate in accordance with the applicable
provisions of ORS chapter 183 and any procedures adopted by the council. The council shall make
every effort to conclude the contested case and issue a final order within 12 months from
the date of the proposed order. The applicant shall be a party to the contested case. The council
may permit any other person to become a party to the contested case in support of or in opposition
to the application only if the person appeared in person or in writing at the public hearing on the
site certificate application. Issues that may be the basis for a contested case shall be limited to
those raised on the record of the public hearing under subsection (3) of this section, unless:
(a) The department failed to follow the requirements of subsection (2) or (3) of this section; or
(b) The action recommended in the proposed order, including any recommended conditions of the
approval, differs materially from that described in the draft proposed order, in which case only new
issues related to such differences may be raised.
(6) If no person requests party status to challenge the department’s proposed order, the proposed
order shall be forwarded to the council and the contested case hearing shall be concluded.
(7) At the conclusion of the contested case, the council shall issue a final order, either approv-
ing or rejecting the application based upon the standards adopted under ORS 469.501 and any ad-
ditional statutes, rules or local ordinances determined to be applicable to the facility by the project
order, as amended. The council shall make its decision by the affirmative vote of at least four
members approving or rejecting any application for a site certificate. The council may amend or
reject the proposed order, so long as the council provides public notice of its hearing to adopt a
final order, and provides an opportunity for the applicant and any party to the contested case to
comment on material changes to the proposed order, including material changes to conditions of
approval resulting from the council’s review. The council’s order shall be considered a final order
for purposes of appeal.
(8) Rejection or approval of an application, together with any conditions that may be attached
to the certificate, shall be subject to judicial review as provided in ORS 469.403.
(9) The council shall either approve or reject an application for a site certificate:
(a) Within 24 months after filing an application for a nuclear installation, or for a thermal power
plant, other than that described in paragraph (b) of this subsection, with a nameplate rating of more
than 200,000 kilowatts;
(b) Within nine months after filing of an application for a site certificate for a combustion tur-
bine power plant, a geothermal-fueled power plant or an underground storage facility for natural
gas;
(c) Within six months after filing an application for a site certificate for an energy facility, if
the application is:
(A) To expand an existing industrial facility to include an energy facility;
(B) To expand an existing energy facility to achieve a nominal electric generating capacity of
between 25 and 50 megawatts; or
(C) To add injection or withdrawal capacity to an existing underground gas storage facility; or
(d) Within 12 months after filing an application for a site certificate for any other energy facil-
ity.
(10) At the request of the applicant, the council shall allow expedited processing of an applica-
tion for a site certificate for an energy facility with an average electric generating capacity of less
than 100 megawatts. No notice of intent shall be required. Following approval of a request for ex-
pedited review, the department shall issue a project order, which may be amended at any time. The
council shall either approve or reject an application for a site certificate within six months after
filing the site certificate application if there are no intervenors in the contested case conducted
under subsection (5) of this section. If there are intervenors in the contested case, the council shall
either approve or reject an application within nine months after filing the site certificate applica-
tion. For purposes of this subsection, the generating capacity of a thermal power plant is the
nameplate rating of the electrical generator proposed to be installed in the plant.
Enrolled House Bill 3681 (HB 3681-A)Page 2
(11) Failure of the council to comply with the deadlines set forth in subsection (9) or (10) of this
section shall not result in the automatic issuance or denial of a site certificate.
(12) The council shall specify in the site certificate a date by which construction of the facility
must begin. The earliest date that the council may require construction of a facility to begin
is six years from the date the council issues the site certificate.
(13) For a facility that is subject to and has been or will be reviewed by a federal agency under
the National Environmental Policy Act, 42 U.S.C. [ Section] 4321[,] et seq., the council shall conduct
its site certificate review, to the maximum extent feasible, in a manner that is consistent with and
does not duplicate the federal agency review. Such coordination shall include, but need not be lim-
ited to:
(a) Elimination of duplicative application, study and reporting requirements;
(b) Council use of information generated and documents prepared for the federal agency review;
(c) Development with the federal agency and reliance on a joint record to address applicable
council standards;
(d) Whenever feasible, joint hearings and issuance of a site certificate decision in a time frame
consistent with the federal agency review; and
(e) To the extent consistent with applicable state standards, establishment of conditions in any
site certificate that are consistent with the conditions established by the federal agency.
SECTION 2.
ORS 469.403 is amended to read:
469.403. (1) The Energy Facility Siting Council shall include in all of the council’s final
orders approving or rejecting an application for a site certificate or amended site certificate
any decisions related to or arising from a contested case on the application. Any party or
limited party to a contested case proceeding may apply for rehearing within 30 days from the date
the approval or rejection is served. The date of service shall be the date on which the [ Energy Fa-
cility Siting ] council delivered or mailed its approval or rejection in accordance with ORS 183.470.
The application for rehearing shall set forth specifically the ground upon which the application is
based. No objection to the council’s approval or rejection of an application for a site certificate or
a site certificate amendment shall be considered on rehearing without good cause shown unless the
basis for the objection is urged with reasonable specificity before the council in the site certificate
or amended site certificate process. Upon such application, the council shall have the power to
grant or deny rehearing or to abrogate or modify its order without further hearing. Unless the
council acts upon the application for rehearing within 30 days after the application is filed, the ap-
plication shall be considered denied. The filing of an application for rehearing shall not, unless
specifically ordered by the council, operate as a stay of the site certificate or amended site certif-
icate for the facility.
(2) Any party or limited party to a contested case proceeding on a site certificate or amended
site certificate application may appeal a final order issued by the council under ORS 469.300 to
469.563, 469.590 to 469.619, 469.930 and 469.992, including the council’s approval or rejection of the
site certificate or amended site certificate application. Issues on appeal shall be limited to those
raised by the parties or limited parties to the contested case proceeding before the council. To
appeal a final order, a petitioner shall establish individual or associational standing by dem-
onstrating an injury to the petitioner or petitioner’s members resulting from the final order.
(3) Notwithstanding ORS 183.482 and 183.484, jurisdiction for judicial review of the council’s
approval or rejection of an application for a site certificate or amended site certificate , including
decisions related to or arising from a contested case on an application for a site certificate
or amended site certificate, is conferred upon the Supreme Court. Proceedings for review shall
be instituted by filing a petition in the Supreme Court. The petition shall be filed within 60 days
after the date of service of the council’s final order approving or rejecting a site certificate or
amended site certificate or within 30 days after the date the petition for rehearing is denied or
deemed denied. Date of service shall be the date on which the council delivered or mailed its order
in accordance with ORS 183.470.
Enrolled House Bill 3681 (HB 3681-A) Page 3
(4) The filing of a petition for judicial review may not stay the order approving or rejecting
a site certificate or amended site certificate , except that a party or limited party to the con-
tested case , or any other person seeking judicial review of a decision related to or arising
from a contested case, may apply to the Supreme Court for a stay upon a showing that there is
a colorable claim of error and that:
(a) The petitioner will suffer irreparable injury; or
(b) Construction of the energy facility will result in irreparable harm to resources protected by
applicable council standards or applicable agency or local government standards.
(5) If the Supreme Court grants a stay pursuant to subsection (4) of this section, the court:
(a) Shall require the petitioner requesting the stay to give an undertaking in the amount of
$5,000.
(b) May grant a stay in whole or in part.
(c) May impose other reasonable conditions on the stay.
(6) Except as otherwise provided in ORS 469.320 and this section, the review by the Supreme
Court shall be the same as the review by the Court of Appeals described in ORS 183.482. The Su-
preme Court shall give priority on its docket to such a petition for review and shall render a deci-
sion within six months of the filing of the petition for review.
(7) The following periods of delay shall be excluded from the six-month period within which the
court must render a decision under subsection (6) of this section:
(a) Any period of delay resulting from a motion properly before the court; or
(b) Any reasonable period of delay resulting from a continuance granted by the court on the
court’s own motion or at the request of one of the parties, if the court granted the continuance on
the basis of findings that the ends of justice served by granting the continuance outweigh the best
interests of the public and the other parties in having a decision within six months.
(8) No period of delay resulting from a continuance granted by the Supreme Court under sub-
section (7)(b) of this section shall be excluded from the six-month period unless the court sets forth,
in the record, either orally or in writing, its reasons for finding that the ends of justice served by
granting the continuance outweigh the best interests of the public and the other parties in having
a decision within six months. The factors the court shall consider in determining whether to grant
a continuance under subsection (7)(b) of this section are:
(a) Whether the failure to grant a continuance in the proceeding would be likely to make a
continuation of the proceeding impossible or result in a miscarriage of justice; or
(b) Whether the case is so unusual or so complex, due to the number of parties involved or the
existence of novel questions of fact or law, that it is unreasonable to expect adequate consideration
of the issues within the six-month period.
(9) No continuance under subsection (7)(b) of this section shall be granted because of general
congestion of the court calendar or lack of diligent preparation or attention to the case by any
member of the court or any party.
SECTION 3.
ORS 469.405 is amended to read:
469.405. (1) A site certificate may be amended with the approval of the Energy Facility Siting
Council. The council may establish by rule the type of amendment that [ must] may be considered
in a contested case proceeding. [ Judicial review of an amendment to a site certificate shall be as
provided in ORS 469.403. ] Notwithstanding ORS 183.482 and 183.484, judicial review of the
council’s approval or rejection of a request for an amendment to a site certificate or decision
related to or arising from a contested case on an amendment, regardless of whether a con-
tested case was held prior to the council’s decision, is conferred solely on the Supreme
Court. If a contested case is not held, only the certificate holder or persons who submitted
comments on the request for an amendment in compliance with council rules may seek ju-
dicial review. A certificate holder or person who seeks judicial review is limited to the issues
the certificate holder or the person raised in their comments.
(2) Notwithstanding ORS 34.020 or 197.825, or any other provision of law, the land use approval
by an affected local government of a proposed amendment to a facility and the recommendation of
Enrolled House Bill 3681 (HB 3681-A) Page 4
the special advisory group of applicable substantive criteria shall be subject to judicial review only
as provided in ORS 469.403. If the applicant elects to show compliance with the statewide planning
goals by demonstrating that the facility has received local land use approval, the provisions of this
section shall apply only to proposed projects for which the land use approval by the local govern-
ment occurs after the date an application for amendment is submitted to the State Department of
Energy.
(3) An amendment to a site certificate is not required for a pipeline less than 16 inches in di-
ameter and less than five miles in length that is proposed to be constructed to test or maintain an
underground gas storage reservoir. If the proposed pipeline will connect to a council certified sur-
face facility related to an underground gas storage reservoir or to a council certified gas pipeline,
whether the proposed pipeline is to be located inside or outside the site of a council certified facil-
ity, the certificate holder must obtain, prior to construction, the approval of the department for the
construction, operation and retirement of the proposed pipeline. The department shall approve such
a proposed pipeline if the pipeline meets applicable council substantive standards. Notwithstanding
ORS 469.503 (3), the department may not review the proposed pipeline for compliance with other
state standards. Notwithstanding ORS 469.503 (4), or any council rule addressing compliance with
land use standards, the department shall not review such a proposed pipeline for compliance with
land use requirements. Notwithstanding ORS 469.401 (3), the approval by the department of such
pipeline shall not bind any state or local agency. The council may adopt appropriate procedural
rules for the department review. The department shall issue an order approving or rejecting the
proposed pipeline. Judicial review of a department order under this section shall be as provided in
ORS 469.403.
(4) Subject to applicable rules adopted by the council, a person who holds a site certif-
icate may request to add area to the approved site boundary without the council requiring
an amendment to the site certificate.
CONDEMNATION: PUBLIC CONVENIENCE AND NECESSITY
SECTION 4.
ORS 758.015 is amended to read:
758.015. (1) When any person, as defined in ORS 758.400, providing electric utility service, as
defined in ORS 758.400, or any transmission company, proposes to construct an overhead trans-
mission line which will necessitate a condemnation of land or an interest therein, it shall petition
the Public Utility Commission for a certificate of public convenience and necessity setting forth a
detailed description and the purpose of the proposed transmission line, the estimated cost, the route
to be followed, the availability of alternate routes, a description of other transmission lines con-
necting the same areas, and such other information in such form as the commission may reasonably
require in determining the public convenience and necessity.
(2)(a) The commission shall give notice and hold a public hearing on such petition. The com-
mission, in addition to considering facts presented at such hearing, shall make the commission’s own
investigation to determine [ the necessity, safety, practicability and justification in the public interest
for the proposed transmission line ] whether the proposed transmission line meets a need for
increased transmission capacity and reliability in the electric grid and shall enter an order
accordingly. The commission shall consider a petition for a certificate of public convenience
and necessity and enter an order without requiring a petitioner to first obtain any required
state or local land use approvals.
(b) Except for petitions for a proposed transmission line for which the petitioner also seeks
approval from the Energy Facility Siting Council for the same transmission line, the order shall be
subject to review as in other cases. Orders on petitions for a proposed transmission line for which
the petitioner also seeks approval from the Energy Facility Siting Council for the same transmission
line are subject to judicial review in the same manner as an order in a contested case as set forth
in ORS 758.017.
Enrolled House Bill 3681 (HB 3681-A) Page 5
(c) In any proceeding for condemnation, a certified copy of such order shall be conclusive evi-
dence that the transmission line for which the land is required is a public use and necessary for
public convenience.
(3) This section shall not apply to construction of transmission lines in connection with a project
for which a permit or license is otherwise obtained pursuant to state or federal law.
(4) As used in this section and ORS 758.020, “transmission company” means a person or entity
that owns or operates high voltage transmission lines and is subject to the jurisdiction of the Fed-
eral Energy Regulatory Commission. “Transmission company” does not include a cooperative or-
ganized under ORS chapter 62.
SECTION 5. ORS 469.401 is amended to read:
469.401. (1) Upon approval, the site certificate or any amended site certificate with any condi-
tions prescribed by the Energy Facility Siting Council shall be executed by the chairperson of the
council and by the applicant. The certificate or amended certificate shall authorize the applicant to
construct, operate and retire the facility subject to the conditions set forth in the site certificate
or amended site certificate. The duration of the site certificate or amended site certificate shall be
the life of the facility.
(2) The site certificate or amended site certificate shall contain conditions for the protection of
the public health and safety, for the time for completion of construction, and to ensure compliance
with the standards, statutes and rules described in ORS 469.501 and 469.503. The site certificate or
amended site certificate shall require both parties to abide by local ordinances and state law and
the rules of the council in effect on the date the site certificate or amended site certificate is exe-
cuted, except that upon a clear showing of a significant threat to the public health, safety or the
environment that requires application of later-adopted laws or rules, the council may require com-
pliance with such later-adopted laws or rules. For a permit addressed in the site certificate or
amended site certificate, the site certificate or amended site certificate shall provide for facility
compliance with applicable state and federal laws adopted in the future to the extent that such
compliance is required under the respective state agency statutes and rules.
(3) Subject to the conditions set forth in the site certificate or amended site certificate, any
certificate or amended certificate signed by the chairperson of the council shall bind the state and
all counties and cities and political subdivisions in this state as to the approval of the site and the
construction and operation of the facility. After issuance of the site certificate or amended site
certificate, any affected state agency, county, city and political subdivision shall, upon submission
by the applicant of the proper applications and payment of the proper fees, but without hearings or
other proceedings, promptly issue the permits, licenses and certificates addressed in the site certif-
icate or amended site certificate, subject only to conditions set forth in the site certificate or
amended site certificate. After the site certificate or amended site certificate is issued, the only is-
sue to be decided in an administrative or judicial review of a state agency or local government
permit for which compliance with governing law was considered and determined in the site certif-
icate or amended site certificate proceeding shall be whether the permit is consistent with the terms
of the site certificate or amended site certificate. Each state or local government agency that issues
a permit, license or certificate shall continue to exercise enforcement authority over the permit, li-
cense or certificate.
(4) In any proceeding for condemnation of land or an interest therein, a certified copy
of a site certificate for an energy facility that is a high voltage transmission line under ORS
469.300 (12)(a)(C) shall be conclusive evidence that the high voltage transmission line for
which the land is required is a public use and necessary for public convenience.
[(4)] (5) Nothing in ORS chapter 469 shall be construed to preempt the jurisdiction of any state
agency or local government over matters that are not included in and governed by the site certif-
icate or amended site certificate. Such matters include but are not limited to employee health and
safety, building code compliance, wage and hour or other labor regulations, local government fees
and charges or other design or operational issues that do not relate to siting the facility.
Enrolled House Bill 3681 (HB 3681-A)Page 6
CAPTIONS
SECTION 6. The unit captions used in this 2025 Act are provided only for the convenience
of the reader and do not become part of the statutory law of this state or express any leg-
islative intent in the enactment of this 2025 Act.
Passed by House April 23, 2025
..................................................................................
Timothy G. Sekerak, Chief Clerk of House
..................................................................................
Julie Fahey, Speaker of House
Passed by Senate June 2, 2025
..................................................................................
Rob Wagner, President of Senate
Received by Governor:
........................M.,........................................................., 2025
Approved:
........................M.,........................................................., 2025
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2025
..................................................................................
Tobias Read, Secretary of State
Enrolled House Bill 3681 (HB 3681-A) Page 7