Or. Admin. Code § 141-140-0105

Current through Register Vol. 63, No. 12, December 1, 2024

Section 141-140-0105 - Renewal of Authorization

(1) A temporary use authorization is not renewable. A holder of an expiring temporary use authorization may apply for a new authorization under the provisions of these rules.

(2) A holder in good standing of an ocean renewable energy facility lease may renew for an additional term.

(a) A holder in good standing must exercise a right to renew no less than 12 months prior to the expiration of the ocean renewable energy lease.

(b) To exercise the right to renew, a holder in good standing must:

(A) Notify the Department of the holder's intent to renew on a form provided by the Department;

(B) Submit a non-refundable renewal fee of $1,000 payable to the Department.

(C) Certify that the uses or structures that are the subject of the existing authorization are consistent with local, state, and federal law; and

(D) Certify that the existing uses and structures are consistent with the existing authorization. The Department will not approve a renewal request that involves development of a type of ocean renewable energy not originally authorized in the lease or a subsequent modification.

(c) Upon receipt of the required information and renewal fee, the Department shall determine, in its sole discretion, whether:

(A) The right to renew was exercised not less than 12 months prior to the expiration of the then current term of the authorization;

(B) The holder has fully complied with the terms of the current authorization, the applicable statutes, or Oregon Administrative Rules; and

(C) The holder has fully complied with any other authorizations granted to them by the Department.

(d) The holder must provide any additional information that is requested by the Department in order to further evaluate the proposed renewal.

(e) If the Department determines that the renewal complies with the requirements of OAR 141-140-0105, the Department will provide written notice to the holder that the authorization has been renewed for the additional term stated in the notice.

(f) Compensation for the use of state-owned land shall be re-calculated upon renewal in accordance with the rules in place at the time of renewal. Compensation shall be due prior to the issuance of the renewal.

(g) As a condition of renewal, the Department may amend the terms and conditions of the authorization at the time of renewal. Amendments made through this process may be subject to JART and public review.

(h) If the Department determines that the renewal does not comply with the requirements of OAR 141-140-0105, the Department will provide written notice to the holder that the authorization will not be renewed. In that event, the authorization will terminate at the expiration of the current term. A holder of an expiring ocean renewable energy facility lease may apply for a new authorization under the provisions of these rules.

Or. Admin. Code § 141-140-0105

DSL 5-2017, adopt filed 12/28/2017, effective1/1/2018

Statutory/Other Authority: ORS Chapter 183, ORS 274.870-879, ORS 273 & ORS 274