OR HB3158

Photovoltaic solar power generation facilities of 15 acres or larger may be sited on exclusive farm use (EFU) lands as utility facilities if the operator demonstrates a feasible plan to either operate alongside farm use while incorporating agrivoltaics principles, or maintain at least 65% of the tract's average agricultural production from the previous five years

The Land Conservation and Development Commission must adopt rules ensuring that facilities on higher quality agricultural soils maintain a higher rate of agricultural value or output compared to facilities on lower quality soils

Amends ORS 215.213 and 215.283 to expand utility facility provisions on EFU lands to include facilities supporting allowable farm or nonfarm uses on the tract, not just commercial power generation for public sale

Clarifies that photovoltaic solar facilities on certain high-value farmland under ORS 215.447 may only be established if generating power for public use by sale, while the new agrivoltaic pathway under Section 2 provides an alternative siting option