(1) Acting subject to the approval of the State Land Board and in compliance with ORS Chapter 183, the Director of the Department of State Lands shall adopt rules necessary to implement the provisions of ORS § 274.870 to 274.879. Rules adopted under this section must include but need not be limited to:

(a) Proprietary authorization requirements for the construction and operation of ocean renewable energy facilities in Oregon’s territorial sea;

(b) The maximum period for which a proprietary authorization may be issued under ORS § 274.873; and

(c) Provisions to coordinate the issuance of a proprietary authorization decision under ORS § 274.873 with the issuance of a removal or fill permit decision under ORS § 196.800 to 196.921 for an ocean renewable energy facility in the territorial sea.

(2)(a) The director may adopt rules establishing application fees related to:

(A) Proprietary authorizations to construct or operate ocean renewable energy facilities within Oregon’s territorial sea; or

(B) Removal or fill permits required under ORS § 196.810 to conduct removal or fill activities related to ocean renewable energy facilities in Oregon’s territorial sea.

(b) The Department of State Lands shall appoint an advisory committee in accordance with ORS § 183.333 to assist the director in drafting rules under this subsection.

(c) In developing the structure and amount of any fees under this subsection, the department shall take into consideration at least the following factors as they would relate to a proposed ocean renewable energy facility subject to the fee:

(A) The size of the proposed ocean renewable energy facility.

(B) The distance from the ocean shore, as defined in ORS § 390.605, at which the ocean renewable energy facility will be sited.

(C) The volume of the removal or fill material that will be subject to the removal or fill permit associated with the proposed ocean renewable energy facility.

(D) Whether the proposed ocean renewable energy facility is a research project, demonstration project or commercial operation.

(E) The anticipated useful life of the proposed ocean renewable energy facility.

(F) The expenses incurred by the department and other coordinating agencies in connection with the processing, evaluation and issuance of the proprietary authorization or removal or fill permit for the proposed ocean renewable energy facility. [2015 c.386 § 3]

See note under 274.870.