Report on Siting and Permitting Large-Scale Electricity Infrastructure

EXECUTIVE SUMMARY

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Executive Order 25-29 directs Oregon agencies to streamline siting and permitting processes for clean energy projects, energy storage, and transmission infrastructure. In response, the Oregon Department of Energy’s Energy Facility Siting Division evaluated its statutory authorities, rules, and practices to identify opportunities for greater efficiency while maintaining strong protections for public health, communities, and natural resources.

Oregon’s centralized energy siting system is administered by the Energy Facility Siting Council (EFSC or Council) with staff support from ODOE’s Siting Division. While EFSC is the final decisionmaker on all proposed energy projects and amendments to approved energy projects, ODOE staff conducts the day-to-day work and coordination in order to make recommendations to EFSC about whether a proposal complies with applicable requirements. The system was designed to consolidate multiple state and local reviews into a single, standards-based, quasi-judicial process. This approach ensures consistency, transparency, and robust environmental and public health protections, and reduces duplication across agencies. However, as the scale and urgency of renewable energy and transmission development have grown, pressures on EFSC and the Siting Division have increased.

This report finds that Oregon’s current siting framework already includes many elements intended to streamline review, including consolidated state review; a single appellate path directly to the Oregon Supreme Court; statutory timelines; reimbursement mechanisms that support participation by Tribes, local governments, and peer state agencies; and a lifecycle compliance program that ensures projects are constructed and operated as approved. Over the last decade, EFSC and ODOE have undertaken significant modernization efforts through rulemaking, process improvements, digital tools, and clearer public guidance. Together these efforts have increased predictability and improved the efficiency of reviews while maintaining the state’s commitment to environmental stewardship, public participation, and accountable energy development.

At the same time, several challenges continue to affect permitting timelines and workload. These include the growing size and complexity of proposed projects, increased interest and public participation, staffing limitations associated with the Siting Division’s fee-based funding model, the length and resource intensity of contested cases, and coordination among Tribal, state, local, and federal review processes. In particular, transmission projects typically require coordination across multiple jurisdictions and agencies, adding inherent complexity independent of the state siting process.

This report highlights progress already made by ODOE and EFSC to improve and streamline the siting process, including restructuring EFSC’s rules; improving the organization of application elements; strengthening coordination with Tribes and agencies; enhancing public engagement tools; updating standards, including wildfire prevention requirements; and modernizing the amendment processes. The report identifies ongoing efforts and recommendations for additional changes that could further improve efficiency and streamline permitting while maintaining meaningful public participation and robust environmental and public health protections. These efforts include ongoing rulemaking, improved internal financial and task-tracking accountability, expanded use of digital and geospatial tools, and early-phase coordination with applicants and Tribes.

Finally, the report describes new and updated permit streamlining recommendations developed by ODOE. The recommendations reflect input received from interested parties, Tribes, the public, and EFSC members during review of the draft report. The recommendations identify actions that ODOE, the Siting Division, the Legislature, and other agencies could implement to achieve further efficiencies within the Siting Program.

Consolidated Review Process

Oregon’s Energy Facility Siting Program is a consolidated review process. This means large energy project applicants do not need to seek multiple reviews from various jurisdictions and relevant agencies that have different review processes and appeal periods. Instead, the state’s program works with the relevant jurisdictions and agencies within the single Energy Facility Siting Council review process.

While on balance the state’s Siting Program simplifies the review of these projects by consolidating the reviews, it also means that the single review must be inclusive of numerous other agency standards, requirements, and permits, and have opportunities for those agencies to review and provide comments. Because large energy projects also have the potential to affect important state resources as well as adjacent landowners and communities, the review process is designed to be transparent and allow meaningful opportunities for public participation.

While there is a continued need to seek ways to streamline the review process and update the substantive requirements, care must be taken to ensure these efforts do not compromise the evaluation and protection of state resources or limit public participation.

Equity

The Siting Program’s procedural and substantive requirements were developed before the state adopted a definition for environmental justice and equity. Through HB 4077, environmental justice is defined as, “equal protection from environmental and health risks, fair treatment and meaningful involvement in decision making of all people regardless of race, color, national origin, immigration status, income or other identifies with respect to the development, implementation and enforcement of environmental laws, regulations and policies that affect the environment in which people live, work, learn, and practice spirituality and culture." Throughout this report, ODOE summarizes opportunities for the public to participate in the EFSC process and provides examples of ongoing process improvements intended to incorporate environmental justice considerations and increase public accessibility to the siting process.

Report Organization

In addition to providing recommendations for streamlining clean energy siting, this report outlines the history of energy facility siting in Oregon, as well as current siting program fundamentals and past streamlining efforts, to provide a foundation for considering new ideas to further streamline the energy facility siting process in Oregon.

ODOE incorporated feedback from several opportunities to inform this Report on Siting and Permitting Large-Scale Electricity Infrastructure. ODOE reached out to the nine federally recognized Tribes through formal government-to-government letters, staff-to-staff discussion, individual in-person or virtual meetings with Tribal leaders and staff, and presentations through the Legislative Commission on Indian Services and cluster groups on clean energy topics through the development of multiple EO 25-29 directed activities and the implementation of the Oregon Energy Strategy.

Public comment opportunities included: an initial request for feedback on this report as well as ODOE’s Report on Reducing Barriers to Clean Energy Deployment, which had a comment period through March 20, 2026; request for comments on the draft Report on Siting and Permitting Large Electricity Scale Infrastructure, which had a comment period through July 24, 2026; and feedback received in public meetings, including a June 26, 2026 Energy Facility Siting Council Meeting and a March 3, 2026 listening session. Additionally, ODOE considered comments relevant to this Report from the comment period held through July 2, 2026 on the draft Report on Reducing Barriers to Clean Energy Deployment. Recordings from these public meetings are available at the links above, and ODOE has posted a combined pdf file of the public written comments received on this report. ODOE received public feedback from 60 commenters in 26 unique comments and statements. ODOE also received technical assistance through the National Governor’s Association to convene a retreat on transmission; a read-out from that retreat is available: Oregon Policy Academy Retreat on Energy Transmission.

ODOE Recommendations to Streamline Siting and Permitting

  • Stable and adequate staffing and managerial oversight is needed for Siting Division staff to conduct everything it is charged with doing on an annual basis, including supporting the implementation of the recommendations in this report. ODOE recommends adding an additional manager within the Siting Division to increase support and oversight. In addition, ODOE will conduct an evaluation of all of its annual requirements and determine the number and types of positions needed to complete those requirements for potential inclusion in the current and future budget cycles.

  • To implement any staffing changes described above, adjustments will need to be made to the Siting Division’s funding model. ODOE will evaluate the Siting Division’s fiscal policies and procedures and recommend changes related to recommended staffing changes.

  • The Contested Case phase includes several steps that may be reduced or eliminated without impacting the value of that phase. ODOE will recommend EFSC initiate a rulemaking to make appropriate changes. This group could also identify potential areas where legislation may be necessary if the proposed changes cannot be made through rule changes.

  • Existing rules allow for an Expedited Review that omits the Notice of Intent phase for certain types of energy facilities (i.e. small MW capacity facilities). ODOE will recommend EFSC initiate a rulemaking to evaluate the potential for inclusion of low impact facilities.

  • ODOE currently conducts its completeness review of applications at the same time as it begins drafting findings in the Draft Proposed Order. ODOE will recommend EFSC initiate a rulemaking to evaluate the possibility of removing steps during the completeness review without impacting public and reviewing agency participation. This group could also identify potential areas where legislation may be necessary if the proposed changes cannot be made through rule changes.

  • Beginning and ending construction deadline reviews serve as an important function to ensure a project complies with any changes to rules, laws, and requirements or facts on the ground after a site certificate is issued. If there have been changes, construction deadline reviews can be substantively significant. If there have not been changes, they are not. ODOE will recommend EFSC initiate a rulemaking project to evaluate streamlining the request to extend construction deadlines, while ensuring consistency with any changes in rules, laws, requirement or facts on the ground.

  • Current rules establish what an applicant must include in their Notice of Intent and require ODOE to issue a Project Order no later than 140 days after the Notice of Intent is issued. The current average time for renewable energy projects is 104 days. ODOE will recommend EFSC initiate a to evaluate Notice of Intent submittal requirements and the possibility of reducing the 140-day timeframe.

  • Certain mandatory conditions in OAR 345 Division 25 are required to be used for all projects. There is the potential to include mandatory conditions which work in most circumstances and could minimize application submittal requirements and reduce the time associated with incomplete applications. During each Phase 3 described in the Rulemaking Section of this report, ODOE will seek opportunities to recommend mandatory conditions.

  • The opportunity and path to challenge certain elements of the siting process lacks clarity, which has led to challenges resulting in significant amounts of time and expenses for ODOE and the applicant/site certificate holder. ODOE will recommend EFSC initiate a rulemaking to evaluate clarifying these appeal paths. This group could also identify potential legislative ideas.

  • While infrequent, there are projects that require both state and federal review. A subset of the standards required for both review processes is similar enough that information requirements can be the same or similar. ODOE will evaluate these subsets of standards in order to engage applicants and federal partners early in a review to clarify the timing and submission requirements that can work for both reviews.

  • In the last several years ODOE has drafted, shared, and updated its Policy Memo on EFSC Exceptions to Goal 3  to assist applicants in their understanding of which reasons EFSC accepts for exceptions to Goal 3 based on the projects it has reviewed during the last year. ODOE will recommend that EFSC annually include an agenda item to discuss the reasons it has accepted in approving exceptions to Goal 3 over the prior year and the acceptable evidence to support those reasons and invite questions and comments.

  • Early engagement and participation with adjacent property owners and interested groups can lead to more efficient reviews. ODOE will work with developers to identify community outreach opportunities during the Notice of Intent and public commenting stages.

  • EFSC regularly reviews extensive technical records and makes consequential decisions on applications, amendments and rulemakings. ODOE will evaluate existing onboarding materials and trainings and make changes to ensure Council members are well positioned to understand and be prepared for their responsibilities.

  • ODOE provides quarterly financial and project schedule updates to applicants in writing which show the total hours and costs compared to those projected in the cost summary provided to applicants. ODOE will provide similar update to EFSC at a frequency they choose.

  • Artificial Intelligence (AI) can be used to increase staff efficiency without compromising work product if implemented in a controlled manner, with clear limits, staff verification, and safeguards for accuracy, confidentiality, and public trust. ODOE is at the beginning stages of using AI and will evaluate potential additional uses.

  • The Oregon Energy Strategy includes two policy actions related to adequate division funding and enhancing the Oregon Renewable Energy Siting Assessment Tool. ODOE will implement these actions.

  • The Oregon Department of Energy’s 2026-2029 includes Strategic Plan pillars related to engagement and collaboration; improving the understanding and clarity of the Siting Program; and identifying and addressing opportunities to make the program more accessible. ODOE will implement these pillars as related to the State Siting Program.