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 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 2
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 3
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 4
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 5
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 6
RULEMAKING DESCRIPTIONS • Categories • Administrative • Housekeeping • Standards • Process • Actions • Adopt new rules • Amend existing rules • Repeal old rules • Renumber rules 7
RULEMAKING STEPS Council Draft Rules Develop Public Concept Initiates Language Advisory Proposed Workshops Development Rulemaking Development Committee Language Hearing Council Rulemaking Public Public Staff Files Officer Adopts Notice Comment Hearing Rules Report Rules 8
2017 RULEMAKINGS Subject Matter Type Public Participation Completion Date Public Health and Safety Standards RAC, Public Hearing 12/15/17 for Wind Facilities Public Workshops, RAC, Amendment Process Process 10/24/17 Public Hearings Structural and Geologic Standards Public Hearing 10/18/17 Phase 1 – Updates to Standards Public Hearing 10/23/17 Carbon Dioxide Standards Fish and Wildlife Habitat, Threatened and Standards Public Hearing 3/8/17 Endangered Species (aka Sage-grouse) 9
Amendment Rulemaking 2011 – 2013: Concepts & Draft Language Aug. 19, Feb. 3, Aug. 24, Feb. 19, 2011 2012 2012 2013 Oct. 7, May 10-11, Feb. 6, March 15, 2011 2012 2013 2013 Council Meetings Public Workshops 10
Amendment Rulemaking 2013 – 2016: Concepts & Draft Language Jun. 21, Jun. 19, Nov. 21, Aug. 19, 2013 2014 2014 2016 Apr. 16, Oct. 16, June 17, Nov. 3-4, 2014 2014 2016 2016 Council Meetings RAC Meetings 11
Amendment Rulemaking 2017: Official Notice & Comment Jan. Apr. 28, July 28, Sept. 29, 2017 2017 2017 2017 Oct. 24, Feb. 24, May. 25-26, Sept. 21-22, Oct. 19, 2017 2017 2017 2017 2017 Council Meetings Initial Public Notice Final Comment Deadline Final Rules Filed with Secretary of State Rulemaking Hearings 12
2018 RULEMAKING SCHEDULE Public Target Subject Matter Type Participation Timeframe Administrative Updates Administrative n/a Ongoing see ORS 183.335(7) Periodic Housekeeping Housekeeping Public Hearing Ongoing Phase 2 – Updates to Standards RAC, Public Hearing Q1 – Q2 Carbon Dioxide Standards Compliance, Standards, General Compliance RAC, Public Hearing Q1 – Q2 Process Solar PV – Single Energy Facility and Public Workshop, RAC, Standards/Definitions Q2 – Q3 Standards Public Hearing Scenic Resources, Protected Areas, and Standards Public Hearing Q3 – Q4 Property Owner Notification Exemptions from Requiring Standards RAC, Public Hearing Q4 a Site Certificate 13
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