As part of the amendment process for Part V of the Oregon Territorial Sea Plan (TSP), concerning marine renewable energy development, a Territorial Sea Plan Advisory Committee composed of representatives from the Territorial Sea Plan Working Group and affected industry representatives was formed to provide input and recommendations for the final TSP rulemaking by the Land Conservation and Development Commission (LCDC).

Territorial Sea Plan Rulemaking Project

Introduction

On March 26, 2008, by Executive Order No. 08-07, Governor Kulongoski inter alia ordered the Department to seek Ocean Policy Advisory Council (OPAC) recommendations concerning appropriate amendments to the Territorial Sea Plan, reflecting comprehensive plan provisions on wave energy siting projects. On May 22, 2008, OPAC established the Territorial Sea Plan Working Group (TSPWG).

On October 16, 2008, the Land Conservation and Development Commission (LCDC) directed the Department of Land Conservation and Development (DLCD) to initiate a Territorial Sea Plan administrative rulemaking project. The project was intended to develop mandatory policies that apply to state and federal agency approvals for the location and operation of ocean-based energy power generation facilities in the Oregon Territorial Sea.

When the TSPWG started to work on TSP Part Five in 2008, it recognized there were no seats on OPAC representing the ocean renewable energy sector. OPAC recommended that LCDC establish a TSP Advisory Committee (TSPAC) to include representation from that field so their interests were heard. On October 16, 2008, the LCDC initiated rulemaking and authorized the Department to form a rule advisory committee (the TSPAC) as provided in ORS 183.333(1). On December 5, 2008, LCDC appointed the TSPAC to advise the department and the commission. 

TSPAC membership ultimately included representatives of OPAC, coastal cities, coastal counties, coastal special
districts, and Oregon tribes consistent with ORS 182.164(3), five state agencies, two state commodity commissions, recreational and charter fishing interests, two coastal local advisory committees, the marine renewable energy industry, coastal conservation interest, ocean environmental interests, ocean recreation interests, coastal utilities, and electric utilities. TSPWG and TSPAC worked closely together and shared some membership.

The TSPAC performed two separate efforts to provide recommendations to the LCDC. The first effort focused on recommendations for policies to be included in Part V that apply to state and federal agency approvals for the location and operation of ocean-based energy power generation facilities in the Oregon Territorial Sea. This effort concluded in 2009.

The second effort of the TSPAC was to provide recommendations for areas appropriate for marine renewable energy development in the territorial sea. This effort concluded in 2013, and the TSPAC recommendations were considered by the LCDC during formal rulemaking.

 

LCDC Adopts Territorial Sea Plan Part 5 and New Rule

On November 5, 2009, the Land Conservation and Development Commission (LCDC) adopted an Oregon Administrative Rule for the Territorial Sea Plan, Part 5.

The new rule includes policies that apply to state and federal agency approvals for the location and operation of ocean-based energy power generation facilities in the Oregon Territorial Sea.

The new rule (OAR 660-036-0005) and Part 5 of the Territorial Sea Plan can be viewed in the links below.

For more information please contact Andy Lanier at (503) 934-0072, or send an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Final Rulemaking

The rule making process to amend the Oregon Territorial Sea Plan (TSP) for marine renewable energy development has been completed.  The Land Conservation and Development Commission, adopted an amendment to the Territorial Sea Plan during its regularly scheduled meeting on January 24, 2013.

The Territorial Sea Plan Advisory Committee (TSPAC) pdf provided a recommendation on the proposed rule amendments (309 KB) to the commission. Further, the Ocean Policy Advisory Council (OPAC) reviewed the proposed rule amendments and provided its own recommendation for adoption by the Land Conservation and Development Commission (LCDC). 

The rule incorporates by reference three additions to the TSP. The first is a map designating areas appropriate for marine renewable energy development in the territorial seas. The second will be the project review standards and criteria for energy development in the territorial seas. The thirds is a list of the enforceable policies with Part Five that will be applicable for a federal consistency review process.  The regulatory standards would apply to the different types of marine resource and use areas that are delineated in the map. Finally, there may be some additional changes to Part Five of the TSP as it relates to the make-up and role of the Joint Agency Review Team in carrying out its responsibilities in conducting the regulatory review process; the expansion in scope and location of the Northwest National Marine Renewable Energy Center (NMREC) and Pacific Marine Energy Center (PMEC); and the incorporation of text changes requested by the National Oceanic and Atmospheric Administration (NOAA) to meet federal requirements.  The adopted version of Part Five can be download from our website here: folder Oregon Territorial Sea Plan

 

Meeting Materials for the Committee

The meetings of the TSPAC and its subcommittees are listed on the Public Meetings portion of the DLCD website.  Please visit that page to download meeting agendas and reports related to the work of the advisory committee.  

To view the TSPAC's recommendations to the LCDC, visit the LCDC Meeting Reports page

To review additional materials associated with the meetings of the TSPAC, such as agendas, meeting summaries, and supporting information, contact Andy Lanier at (503) 934-0072, or send an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Committee Members

Click pdf Here (72 KB) for a PDF file of the TSPAC members.