HB 4031 — Relating to the siting of renewable energy facilities; and prescribing an effective date.

83rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session A-EngrossedEnrolled House Bill 4031 Ordered by the House February 11 Including House Amendments dated February 11 Introduced and printed pursuant to House Rule 12.00.

Presession filed (at the request of House InterimIn- terim Committee on Climate, Energy, and Environment for Representative John Lively) SUMMARYCHAPTER The................................................. following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly.

ItAN isACT anRelating editor’sto brief statement of the essentialsiting features of therenewable measure.energy facilities;

The statement includes a measure digest written in compliance with applicable readability standards.

Digest:

Creates an exception to needing a site certificate from EFSC.

(Flesch Readability Score:

61.3).

Exempts an energy facility from needing a site certificate from the Energy Facility Siting Council if the energy facility produces power from a renewable energy source, qualifies for certain federal renewable energy tax credits and is placed in service on or before December 31, 2030, or a date allowed by exception and a local land use application for the facility is submitted [construction begins] on or before December 31, 2028.

Takes effect on the 91st day following adjournment sine die.

A BILL FOR AN ACT Relating to the siting of renewable energy facilities;

NOTE:and (B) Under average annual operating conditions, has a nominal electric generating capacity:

Matter in boldfaced type in an amended section is new;

matter [italic and bracketed] is existing law to be omitted.

New sections are in boldfaced type.

LC 286 A-Eng.

HB 4031 and (B) Under average annual operating conditions, has a nominal electric generating capacity:

Enrolled House Bill 4031 (HB 4031-A) Page 1 (e) An energy facility as defined in ORS 469.300 (12)(a)(G), if the plant also produces a secondary fuel used on site for the production of heat or electricity, if the output of the primary fuel is less than six billion Btu of heat a day.

63.6640(f), as in effect on March 27, 2024, and are exclusively [2]using A-Eng.renewable fuels, including renewable diesel, renewable natural gas or renewable hydrogen, if such fuels are available and if their use does not violate the warranty or certification of the gen- erator.

HB 4031 using renewable fuels, including renewable diesel, renewable natural gas or renewable hydrogen, if such fuels are available and if their use does not violate the warranty or certification of the gen- erator.

Enrolled House Bill 4031 (HB 4031-A) Page 2 (II) Identifies the applicant and facility;

The record on review by the Supreme Court shall be the re- [3]cord A-Eng.established in the council proceeding on the exemption.

HB 4031 cord established in the council proceeding on the exemption.

Enrolled House Bill 4031 (HB 4031-A) Page 3 (b) “Total energy output” means the sum of useful thermal energy output and useful electrical energy output.

(A) An electric power generating plant with an average electric generating capacity of less than 100 megawatts produced from wind energy at a single energy facility or within a single energy generation area;

[4]SECTION A-Eng.2.

HB 4031 SECTION 2.

[5]Passed by House February 12, 2026 Received by Governor:

........................M.,........................................................., 2026 ..................................................................................

Approved:

Timothy G.

Sekerak, Chief Clerk of House ........................M.,........................................................., 2026 ..................................................................................

Julie Fahey, Speaker of House ..................................................................................

Tina Kotek, Governor Passed by Senate February 25, 2026 Filed in Office of Secretary of State:

....................................................................................................................................., 2026 Rob Wagner, President of Senate ..................................................................................

Tobias Read, Secretary of State Enrolled House Bill 4031 (HB 4031-A) Page 4