DSL outlines expanded undersea‑infrastructure rules and proposed fees; public hearings planned

The Department of State Lands briefed the Ocean Policy Advisory Council on a comprehensive update to Division 83 administrative rules that would broaden easement regulation from traditional fiber‑optic cables to all undersea infrastructure, including power cables and pipelines.

Natalia (DSL) said the updates reflect changes to TSP part 4 and new legislative authority (SB 793). The draft rules add a Joint Agency Review (JAR) pre‑application meeting requirement, decommissioning plan standards, and inspection language tied to major geologic events. On fees, DSL proposed an application fee of $15,000, a 20‑year renewal fee of $7,500, and a baseline compensation formula of $3 per linear foot for cables with proposed adjustments by diameter and length. "We propose $3 per lineal foot," Natalia said, noting that other states use a range of methods and that California's $5/ft and New York's much higher rates informed DSL's approach.

The department said it plans a RAC (rule advisory committee) schedule with public hearings along the coast this summer (cities under consideration include Coos Bay, Florence, Newport, Lincoln City or Seaside), and aims for final rules to be on the State Land Board agenda in October so fees and rules could be effective January 1, 2027. DSL staff noted industry concerns about fee levels and asked OPAC for feedback on hearing locations, separation standards and inspection language. The department also proposed discounts (up to 40%) to compensation rates when applicants include environmental sensors or monitoring that provide public‑useful data.