Oregon set a goal of generating 50% of the total electricity needed for Oregonians through renewable resources by 2040. As a result of this goal, found in the Oregon Renewable Portfolio Standard, wind and solar projects have been increasing across the landscape. In 2020, solar energy generation accounted for approximately 1,077,900 MWh or just shy of 3% of all the electricity generated in Oregon. Wind power makes up 11.6% of the electricity generated in the state (~8,777,254 MWh). With the evolving energy systems, such as bioenergy, geothermal, and hydropower, the demand for energy storage has grown significantly.
Legislative Committee staff invited AOC to participate in a legislative work group, whose intent was to craft language for a bill concept to introduce in the upcoming February session. It was clarified in the work group up front that county commissioners would need to see the final language before taking an official position. However, AOC staff agreed to join the group and provide input where appropriate. In addition to AOC staff, Lake County Commissioner James Williams also participated in the legislative work group.
The work group has met every few weeks since mid-September with the purpose of developing bill language to resolve an issue brought forward by some energy storage clients. Specifically, “energy storage facilities are not formally being reviewed or permitted by EFSC.” Using House Bill 2989-2 (2023) as a starting place, the work group began discussing various aspects of battery energy storage systems. A battery energy storage system is a device that would enable the energy from a renewable project like solar or wind, to be stored and then released later when the power is most needed. The work group discussed where these battery systems could or should be located, as well as how the siting and permitting process works both on a county and state level. After many discussions, the bill concept was narrowed to a few widely agreed-upon areas.
First, a definition of battery energy storage systems was necessary to place in statute. Because the Energy Facility Siting Council (EFSC) statutes were written before this technology was created, a definition is necessary for the EFSC to operate under. Next, a shared desire among some in the work group was the ability for counties to request a review of projects through the EFSC, similar to other energy projects, if that was how the county desired to handle the projects. Finally, there was a belief that a separate site certificate is not required if the battery energy storage system was being requested and would be subject to a site certificate for another energy facility (see language found in ORS 469.320).
The bill concept is currently being drafted in the Office of the Legislative Counsel for the 2024 session. Once draft language is available, the bill concept will be brought to the Natural Resources Steering Committee in January for discussion and consideration.
Contributed by: Branden Pursinger | AOC legislative affairs manager