Request for Quote - Facilitator for Rulemaking Div83.pdf

ATTN: Michelle Johnson Phone:503-798-7975 Dept of State Lands 775 Summer St NE Suite 100 Salem, OR 97301

REQUEST FOR QUOTATION

***THIS IS NOT AN ORDER******

Submit quote to: Michelle Johnson, Contract Officer michelle.j.johnson@dsl.oregon.gov no later than November 25, 2025, by 10amPST.

Description: Facilitator for Rulemaking: Establish fee and compensation rates and updating the application process for undersea cables

Requested Availability: Upon executed contract.

Contact for project: Dana Hicks

Vendor Name: ________________________________Federal ID No:_____________________

Address:______________________________________ Phone:__________________________

City, State, Zip:_____________________________________ Fax:________________________

All Pricing Must Be Held Firm For 30 Days

Background For decades, cables have been installed on the bottom of Oregon’s territorial sea—the area of the Pacific Ocean extending from the shoreline to three nautical miles offshore. These cables, often called “undersea” or “submarine” cables, carry global data through optical fibers and are placed on, attached to, or buried beneath the seafloor. In the future, similar infrastructure may also include power transmission cables and pipelines to serve purposes like carrying electricity from offshore wind turbines to shore.

The Department of State Lands (DSL), with approval from the State Land Board, issues easements for use of the territorial sea. DSL is one of several state agencies with a regulatory role in Oregon’s territorial sea, but the administrative rules guiding DSL’s work are out of date.

Purpose

Updates are needed to Oregon Administrative Rules 141-083 because:

• Technology has advanced. The rules were last updated 25 years ago. Technology and research have advanced for renewable energy such as offshore wind and wave-energy devices, and SMART cables that combine data transmission with sensors that support tsunami warnings and ocean monitoring.

mailto:michelle.j.johnson@dsl.oregon.gov https://www.oregon.gov/dsl/waterways/Pages/undersea-infrastructure.aspx https://www.oregon.gov/dsl/waterways/Pages/undersea-infrastructure.aspx

RFQ- Facilitator for Rulemaking OAR Div 141-083

• Oregon’s Territorial Sea Plan Part Four (2023) and Part Five (2019) have changed.

DSL rules need to match updated state policies for the regulatory permitting process as well as reflect changes for the use of the territorial sea in development of renewable energy facilities.

• New legislation requires fee updates. Senate Bill 793 A requires DSL to set fees (application and renewal) and compensation rates for easements in the territorial sea, and for water, gas, electric, and telecommunication/communication infrastructure.

Proposed updates include:

• Align with Oregon’s ocean resource management goals. Updated rules will ensure consistency with the Territorial Sea Plan Parts Four and Five, aligning the new processes and requirements.

• Reduce liability and risk. Stronger application requirements—including early consultation, financial assurances, and emergency plans—will strengthen the state's ability to manage and mitigate potential risks. Pre-application meetings, facilitated through the Joint Agency Review Team, will ensure that all information, resource inventories, and evaluations are collected early. Applications will require accurate financial assurance measures, decommissioning plans, and emergency response strategies.

• Establish a clear fee structure. A new structure for application and renewal fees will support sustainable funding for the interagency application reviews and set compensation rates for use of the territorial sea for undersea infrastructure. Revenues will go to the Common School Fund.

These changes will strengthen protections for Oregon’s territorial sea and marine ecosystems, while ensuring fair public compensation for use of the seafloor. The cooperative review framework will support effective collaboration among applicants, state and federal agencies, Tribal governments, and local communities. Additionally, clearer guidelines offer a predictable process and will reduce uncertainty for businesses navigating a project.

Project Details Department of State Lands is requesting quotes for the following work.

DSL will hold a series of Rulemaking Advisory Committee (RAC) meetings to review proposed rule changes with a stakeholder group of approximately 9 to 15 individuals representing environmental consultants, local and state government partners, natural resource conservation, fishermen, coastal communities, telecommunications, energy industry, utilities and more. Tribes may participate in the RAC but may have a separate engagement process that will be led by DSL staff.

Tasks include but are not limited to:

• One 2-hour onboarding meeting with DSL to discuss the project overview and RAC process

• Draft RAC interview questions;

• One 1-hour meeting with the DSL team to discuss RAC interview questions prior to the first RAC interview;

• Half-hour interviews with RAC members to discuss rulemaking topics;

• Create a summary of the RAC interview outcomes;

• One 1-hour meeting with the DSL team to discuss outcomes of the RAC interviews;

https://olis.oregonlegislature.gov/liz/2025R1/Measures/Overview/SB793 https://www.oregon.gov/dsl/Pages/common-school-fund.aspx

RFQ- Facilitator for Rulemaking OAR Div 141-083

• Two 1-hour prep meetings per RAC meeting with the DSL team;

• Email distribution of meeting materials and meeting summaries to the RAC members with a courtesy copy sent to the DSL rulemaking team;

• Facilitation of up to five 3-hour virtual RAC meetings;

• Notetaking for each RAC meeting;

• Maintain a running list of RAC comments that need Department resolution;

• Written summaries of each RAC meeting;

• Overall summary of all RAC meetings to provide a single overview of the RAC process and decisions;

• Up to five 1-hour post-RAC online meetings with the DSL team; and

• Up to 12 hours of additional online or phone meetings with the DSL rulemaking team or

RAC members.

All meetings for this request will be virtual via Zoom or Microsoft Teams.

Schedule The approximate RAC meeting schedule is:

RAC meeting #1: December 3, 2025 RAC meeting #2: January 14, 2026 RAC meeting #3: February 11, 2026 RAC meeting #4: March 11, 2026 RAC meeting #5: April 8, 2026 (if necessary)

The actual schedule will depend on RAC member discussions and if additional review by DSL or the RAC is required. It is possible fewer or more than five RAC meetings will be needed.

The facilitator and the DSL rulemaking team will hold a 1-hour preparation meeting at least one week prior to each RAC meeting to discuss the agenda and materials. Following this preparatory meeting, the facilitator will share an agenda, and any other meeting materials produced by DSL, with RAC members and the DSL rulemaking team, in part as a meeting reminder, at least one week prior to each RAC meeting. The facilitator and DSL rulemaking team will hold a second 1-hour preparation meeting two days before each RAC meeting.

The facilitator will be responsible for notetaking during each RAC meeting. Items to include in notes are as follows: members in attendance, items requiring action, and a record of any decisions made. DSL will also record each RAC meeting. The facilitator will share meeting summaries with the rulemaking team within two business days after each RAC meeting to provide an opportunity for comment. Final meeting summaries will be distributed by the facilitator to all RAC members and the DSL rulemaking team within five business days following each RAC meeting.

Project Specific Definitions Rulemaking Advisory Committee (RAC) is a stakeholder group of approximately 15+ people representing local, state, federal agencies, non-profit groups, consultants, agricultural producers, building associations and other parties likely to be affected by the rule changes. Representatives from Oregon’s federally recognized tribes may or may not be part of the RAC.