Oregon HB 3681: Relating to energy facilities.

Bill Text

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HB 3681-5
(LC 2730)
4/4/25 (CPA/ps)
Requested by Representative GAMBA
PROPOSED AMENDMENTS TO
HOUSE BILL 3681
On page 1 of the printed bill, line 2, after “ORS” delete “215.213,
215.283,”.
On page 2, line 15, after “shall” insert “make every effort to”.
On page 3, line 23, after the period insert “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.”.
Delete lines 37 through 45 and delete pages 4 and 5.
On page 6, delete lines 1 through 17 and insert:
“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 lim-
ited 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 Facility Siting] council delivered or
mailed its approval or rejection in accordance with ORS 183.470. The appli-
cation 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

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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
application shall be considered denied. The filing of an application for re-
hearing shall not, unless specifically ordered by the council, operate as a
stay of the site certificate or amended site certificate 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 demonstrating
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. Pro-
ceedings 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.
HB 3681-5 4/4/25
Proposed Amendments to HB 3681 Page 2

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“(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 contested 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 undertak-
ing 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 18