(1) As used in this section, photovoltaic solar power generation facility means an assembly of equipment and components that has the primary purpose of converting sunlight into electricity by photovoltaic effect and has the capability of storing or transferring the electricity. (2) A photovoltaic solar power generation facility may be established on land that is high-value farmland, as defined in ORS 195.300 (10)(f)(C), provided the land: (a) Is not located within the boundaries of an irrigation district; (b) Is not at the time of the facilitys establishment, and was not at any time during the 20 years immediately preceding the facilitys establishment, the place of use of a water right permit, certificate, decree, transfer order or ground water registration authorizing the use of water for the purpose of irrigation; (c) Is located within the service area of an electric utility described in ORS 469A.052 (2); (d) Does not exceed the acreage the electric utility reasonably anticipates to be necessary to achieve the applicable renewable portfolio standard described in ORS 469A.052 (3); and (e) Does not qualify as high-value farmland under any other provision of law. (3) When evaluating an application to establish a photovoltaic solar power generation facility under this section, a county: (a) Shall apply the criteria and standards applicable to agricultural land adopted under a statewide land use planning goal relating to agricultural lands; and (b) May not apply the criteria and standards applicable to high-value farmland adopted under a statewide land use planning goal relating to agricultural lands. (4) A county is not required to adopt an exception under ORS 197.732 to a statewide land use planning goal relating to agricultural land to authorize the establishment of a photovoltaic solar power generation facility under this section. (5) A photovoltaic solar power generation facility established under this section is a commercial utility facility under ORS 215.213 (2) or 215.283 (2) if the facility generates power for public use by sale.
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