|
B. Oregon
<br />In Oregon, wind projects over 105 MW76 must apply for a site certificate from the Oregon Energy Facility
<br />Siting Council (EFSC).77 Wind facilities under 105 MW are not required to go through the EFSC site
<br />certificate process, but may opt to do so.7s The threshold of when a site certificate is required was raised from
<br />25 MW to 105 MW by the 2001 Oregon legislature.79
<br />The EFSC is a seven - member citizen board appointed by the Governor. The site certificate issued by the EFSC
<br />is a consolidated state permit and, once issued, state and local agencies must issue their permits; however,
<br />federally - delegated air and water permits — for instance Clean Water Act Section 401 water quality permits -
<br />are not covered under the site certificate, nor are non - siting related permits. so The EFSC must issue or deny
<br />a permit within 12 months.si Wind facilities under 300 MW are eligible for expedited review, in which case
<br />the siting decision must be made within 6 months or 9 months if there are interveners in the contested case
<br />hearing.82 The EFSC also issues certificates for other types of electric generating facilities and transmission
<br />lines. Oregon does not have a state environmental policy act, and the EFSC process does not require an EIS.
<br />The application, however, is extensive, and projects must meet a set of specific standards, including fish and
<br />wildlife habitat, protected areas, threatened and endangered species, noise, scenic, and land use standards.as
<br />The rules include specific standards for wind facilities.s4If the project meets the standards, the Council must
<br />issue a site certificate, which can be subject to conditions. It may also issue a certificate even if the standards
<br />are not met if the Council determines the benefits outweigh the costs. In terms of land use, wind developers
<br />have the option of seeking local land use approval or having the Council make the land use determination.as
<br />This may be a reason for small wind projects to opt into the state level siting process if they expect local
<br />opposition, as the Council's decision preempts local authority.86 The process includes public notification,
<br />hearing, a contested case hearing, and procedures for appeal and judicial review.
<br />C. Washington
<br />In Washington, wind developers are exempt from the statewide permitting process for energy facilities, but
<br />may opt into it voluntarily.87 The Energy Facility Site Evaluation Council (EFSEC) serves as a centralized
<br />siting agency for nuclear, coal or gas -fired power plants over 350 megawatts. Wind projects are exempt from
<br />EFSEC jurisdiction, and, unless they opt into the centralized state process, are permitted through a local land
<br />use process. Local permitting, however, triggers an automatic state -level environmental review under the State
<br />Environmental Protection Act (SEPA) and the EFSEC becomes the lead agency in the SEPA process. For
<br />example, in the case of the Stateline project, a 263 MW project that straddles the Oregon and Washington
<br />state line, the 180 MW portion in Washington received a local conditional use permit, with environmental
<br />review through a SEPA EIS.sg The EFSEC is comprised of a Governor appointee, representatives from five
<br />state agencies, including the Departments of Ecology, Fish and Wildlife, and Natural Resources, and a local
<br />representative from the jurisdiction where the project is proposed. The 12 -month long review includes an
<br />environmental review under SEPA, which could include an Environmental Checklist or a full Environmental
<br />Impact Statement. The EFSEC retains an independent consultant to conduct the environmental review,
<br />paid for by the applicant. Energy facilities must meet a set of environmental standards pertaining to noise,
<br />fish, wildlife, and wetlands. The EFSEC holds a land use consistency hearing to determine if the project
<br />is consistent with local land use laws; if not, the EFSEC has the authority to preempt local zoning. The
<br />process includes both public notice and hearings specifically about the EIS, and adjudicative hearings about
<br />the application. If the EFSEC determines the project meets all standards, it issues a draft Site Certification
<br />Agreement which is either signed or rejected by the Governor.go In 2006, the Washington legislature passed
<br />a bill authorizing the EFSEC to grant an expedited permitting process if the council finds the environmental
<br />impact is not significant or will be mitigated and is consistent with local land use regulations. Under an
<br />expedited process, there is no environmental review, nor any adjudicative hearings.91
<br />190 Appendix C
<br />
|