ORS 195.912: Local review of transmission line upgrade.

(1) As used in this section: (a) “Electric company” means an electric company, as defined in ORS 757.600, that owns and operates a transmission system and sells more than 2 million megawatt hours of electricity in a calendar year. (b) “Footprint” means an area that is being actively managed and is part of a right-of-way of an existing transmission line. (c) “Transmission line” means any aboveground or underground electric transmission lines with a capacity of 57,000 volts or more, including the utility poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances and all related facilities required for the acceptance of electric services by the transmission lines. (2) A decision on an application for an upgrade to an existing transmission line that is owned by an electric company shall be made, as provided in this section, by a local government with jurisdiction over the transmission line, provided that the upgrade: (a) Is sited entirely within the existing transmission line’s utility right-of-way or private easement; (b) Entails only the deployment, construction or installation of grid enhancing technologies, as defined in ORS 757.808, and associated modifications as required to meet current national electrical safety standards such as the National Electrical Safety Code, and not any other type of upgrade, expansion or improvement; (c) Does not expand the footprint of any part of the transmission lines if sited within an area designated for a statewide land use planning goal related to natural resources, scenic and historic areas and open spaces or the Willamette River Greenway; and (d) Does not include: (A) Adding additional transmission lines or substations; or (B) Modifications to substations or transformers unless they are within the footprint of the original substation or transformer. (3) A decision on an application, as provided in this section, including a decision that determines whether the provisions of subsection (2) of this section apply: (a) May be subject only to clear and objective standards, conditions and procedures; (b) May be conditioned upon obtaining any necessary approvals by the State Department of Energy or federal government; (c) Is not a land use decision, as defined in ORS 197.015; (d) May not be subject to a public hearing; and (e) May not be appealed except by writ of review under ORS 34.010 to 34.100. [2025 c.391 §4] _______________