Industrial Development Projects of State Significance
The Economic Recovery Review Council (ERRC) may expedite the permitting of up to 10 industrial development projects of state significance per biennium. The council reviews the proposed project to determine if the project meets the criteria for applicable discretionary local permits and discretionary state permits. The process includes several provisions that make it different from the procedures of many local and state agencies, including:
- A "one-stop" process in which the council determines compliance with specific standards of state and local permitting agencies
- All permit approvals are on the same timeline, considered at one hearing, and decided upon together
- Appeal directly to the Court of Appeals for judicial review.
If the council determines that the proposed project meets the applicable standards and criteria, it will issue a Project Certificate approving the development project, which could include conditions of approval.
The council's decision is binding on all state and local agencies whose permits are addressed in the council's review. These agencies must issue necessary construction and operating permits. The council's decision does not apply to federally delegated permits issued by state agencies.
To be eligible, a project must:
- Create jobs with average wages above 180% of the minimum wage.
- Create a large number of new jobs in relation to the economy and population of the area directly impacted by the development.
- Create permanent jobs in industrial uses.
- Involve a significant investment of capital in relation to the economy and population of the area directly impacted by the development.
- Have community support, as indicated by a resolution of the governing body of the local government within whose land use jurisdiction the industrial development project would occur.
- And will not require:
- An exception taken under ORS 197.732 to a statewide land use planning goal;
- A change to the acknowledged comprehensive plan or land use regulations of the local government within whose land use jurisdiction the industrial development project would occur; or
- A federal environmental impact statement under the National Environmental Policy Act.
The council also will consider whether a project is appropriate in light of additional policy considerations, such as geographic distribution, public involvement, economic criteria, project timeline and permitting.
General Review Process
During its review, the council consults with affected state and local agencies to ensure that the council considers all those agencies' concerns. The council encourages applicants to work directly with the agencies to promote better understanding of their proposed projects. Applicants need not wait until they submit an application to begin working with state and local authorities.
>>See the full Review Process