Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 469.401

Energy facility site certificate; conditions; effect of issuance on state and local government agencies

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      469.401 Energy facility site certificate; conditions; effect of issuance on state and local government agencies. (1) Upon approval, the site certificate or any amended site certificate with any conditions 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 executed, 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 compliance 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 certificate 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 issue 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 certificate 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, license 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.

      (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 certificate 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. [1993 c.569 §11 (469.401 and 469.403 enacted in lieu of 469.400); 1995 c.505 §12; 1999 c.385 §2; 2025 c.305 §5]

Notes of Decisions
Cited in 8 cases (4 in the last 5 years), 1995–2024 · leading case: Blue Mountain Alliance v. Energy Facility Siting Council
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Blue Mountain Alliance v. Energy Facility Siting Council (2013) or · cites it 72× “For example, subsection (3) of ORS 469.401 provides, in part: “(3) * * * After the site certificate or amended site certificate is issued, the only issue to be decided in an administrative or judicial review of a state agency or local government permit for which compliance with…”
Stop B2H Coalition v. Dept. of Energy (2023) or · cites it 2× “The stated purpose of this statutory scheme is to establish “a comprehensive system for the siting, monitoring and regulating of the location, construction and operation of all energy facilities in this state.” ORS 469.310. As part of this “comprehensive system,” the statute…”
Friends of the Columbia Gorge v. Energy Facility Siting Council (2019) or “ORS 469.401(1) ; *56 see ORS 469.300(26) (defining "site certificate").”
Friends of Parrett Mountain v. Northwest Natural Gas Co. (2003) or “ORS 469.401. We begin our discussion of these cases by first providing an overview of the procedures involved in the council’s determinations *97 generally, followed by a procedural history of these cases in particular.”
Friends of Columbia Gorge v. Energy Fac. Siting Coun. (2021) or “320(1) (“[N]o facility shall be constructed or expanded unless a site certificate has been issued for the site.”
Emerald Peoples Utility District v. Energy Facility Siting Council (1995) or · cites it 2× “” 4 Further contextual support for this conclusion may be found in ORS 469.401(1), which provides in part that a site certificate “shall authorize the applicant to construct, operate and retire the proposed energy facility subject to conditions set forth in the site certificate.”
Umatilla County v. Dept. of Energy (2024) or “ORS 469.401(1); see ORS 469.300(26) (defining “site certificate”).”
Umatilla County v. Dept. of Energy (2024) or “ORS 469.401(1); see ORS 469.300(26) (defining “site certificate”).”
— Or. Rev. Stat. § 469.401(1) — 6 cases
Friends of the Columbia Gorge v. Energy Facility Siting Council (2019) or “ORS 469.401(1) ; *56 see ORS 469.300(26) (defining "site certificate").”
Friends of Columbia Gorge v. Energy Fac. Siting Coun. (2021) or “320(1) (“[N]o facility shall be constructed or expanded unless a site certificate has been issued for the site.”
Blue Mountain Alliance v. Energy Facility Siting Council (2013) or “For example, subsection (3) of ORS 469.401 provides, in part: “(3) * * * After the site certificate or amended site certificate is issued, the only issue to be decided in an administrative or judicial review of a state agency or local government permit for which compliance with…”
Emerald Peoples Utility District v. Energy Facility Siting Council (1995) or “” 4 Further contextual support for this conclusion may be found in ORS 469.401(1), which provides in part that a site certificate “shall authorize the applicant to construct, operate and retire the proposed energy facility subject to conditions set forth in the site certificate.”
Umatilla County v. Dept. of Energy (2024) or “ORS 469.401(1); see ORS 469.300(26) (defining “site certificate”).”
— Or. Rev. Stat. § 469.401(2) — 2 cases
Blue Mountain Alliance v. Energy Facility Siting Council (2013) or “For example, subsection (3) of ORS 469.401 provides, in part: “(3) * * * After the site certificate or amended site certificate is issued, the only issue to be decided in an administrative or judicial review of a state agency or local government permit for which compliance with…”
Emerald Peoples Utility District v. Energy Facility Siting Council (1995) or “” 4 Further contextual support for this conclusion may be found in ORS 469.401(1), which provides in part that a site certificate “shall authorize the applicant to construct, operate and retire the proposed energy facility subject to conditions set forth in the site certificate.”
— Or. Rev. Stat. § 469.401(3) — 1 case
Stop B2H Coalition v. Dept. of Energy (2023) or “The stated purpose of this statutory scheme is to establish “a comprehensive system for the siting, monitoring and regulating of the location, construction and operation of all energy facilities in this state.” ORS 469.310. As part of this “comprehensive system,” the statute…”
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