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Senate raises Energy Facilities Siting Council threshold for county approval of wind projects to 100 MW
Summary
House Bill 38‑74 raised the capacity threshold for state Energy Facilities Siting Council review of wind projects from 50 megawatts to 100 megawatts and requires decommissioning plans (with financial assurances) for projects between 50 and 100 megawatts.
The Oregon Senate approved House Bill 38‑74 on May 12, increasing the capacity threshold that triggers review by the Energy Facilities Siting Council (EFSC) for proposed wind energy projects from 50 megawatts to 100 megawatts and requiring developers of projects sized between 50 and 100 megawatts to submit decommissioning plans with bonding or other financial security.
Senator Golden, who presented the bill, said the change reflects improvements in turbine technology since the 50‑megawatt threshold was adopted. “Back then a wind turbine was commonly rated somewhere between two‑thirds of a megawatt and a megawatt and a half. Today, a turbine of the same size occupying the same footprint of land is about 3 and a half megawatts,” Golden said, noting modern turbines pack more capacity into the same acreage.
Under the bill, projects under 100 megawatts may proceed through county review if the county and the developer both agree; either party may still refer a project to EFSC under current referral procedures. The measure also requires developers with proposed capacities between 50 and 100 megawatts to provide a decommissioning plan and financial assurances to restore a site to a “useful nonhazardous condition.” The sponsor said the provision aims to avoid leaving cleanup responsibilities to future generations.
The bill passed the Senate on a roll‑call vote and was declared to have received the constitutionally required majority. The measure takes effect on the 91st day following adjournment sine die as noted on the floor.
Supporters said the updated threshold better matches present‑day turbine output and streamlines permitting for mid-sized projects while maintaining the option of EFSC review and adding site‑restoration safeguards.
