Oregon · Data center compliance
Oregon data center compliance guide: federal, state and local requirements
Oregon already has a state data center law: the 2025 POWER Act created a separate utility rate class for data centers of 20 MW or more, and the PUC approved PGE’s first tariff under it in May 2026. In 2026 the state also paused enterprise zone tax breaks for new or expanding data centers, and Gov. Kotek paused DEQ air and water permits and state land deals for them until July 1, 2027.
Updated
Serving Hillsboro (Washington County), Boardman, Hermiston & Umatilla, The Dalles (Wasco County), Prineville / Bend, Hood River and Portland, Salem & Clackamas in Oregon.
At a glance
Oregon data center rules at a glance
20 MW+
Data centers placed in a separate utility rate class under the POWER Act (HB 3546)
1¢/kWh
Surcharge above 100 MW under PGE Schedule 96
40×
Growth in permitted backup generation at Oregon data centers, 2012–2025, to 5,881 MW
July 1, 2027
End of the governor’s pause on DEQ air and water permits for new or expanding data centers
Key takeaways for Oregon data center projects
- Oregon data centers answer to Oregon DEQ (or LRAPA in Lane County), the Public Utility Commission, the Water Resources Dept., DLCD and LUBA, the Dept. of State Lands, Business Oregon and county assessors, Oregon OSHA and the State Fire Marshal.
- Under the POWER Act, data centers of 20 MW or more sign contracts of at least 10 years and pay full distribution costs.
- HB 4084 bars new data center enterprise zone authorizations until 90 days after the 2027 session.
- DEQ counts 39 permitted campuses, concentrated in Hillsboro, Boardman–Hermiston–Umatilla, Central Oregon and The Dalles.
- Gov. Kotek has paused DEQ air and water permits for new or expanding data centers, and data center deals on state land, until July 1, 2027.
Recent and pending laws
What’s changed for Oregon data centers
The rules moving fastest right now. Each entry shows its status and the dates to watch.
Date: Oct. 9, 2026
DEQ data center permit pause
Governor’s directive halts air and water permits for new or expanded data centers until July 1, 2027
Status: In effect
Date: Sept. 8, 2026
State land pause
Halts leases, easements, sales and permits for data centers on state land until July 1, 2027
Status: In effect
Date: Dec. 2026
Data Center Advisory Committee report
Final recommendations for 2027; preliminary report released Sept. 10
Status: Expected
Date: July 27, 2026
Hillsboro moratorium
120-day pause on new data centers and battery storage
Status: Ends Nov. 24
Date: June 5, 2026
HB 4084
Bars new data center enterprise zone authorizations until after 2027 session
Status: Law
Date: May 7, 2026
PGE Schedule 96
Long contracts, full distribution costs, exit fees, 1¢/kWh over 100 MW
Status: In effect
Date: 2025
HB 3546 (POWER Act)
Separate rate class for 20 MW+; 10-year minimum contracts
Status: Law
Date: 2025
DEQ streamlined permit
Faster air permits for generators with SCR, DPF and DOC
Status: Available
Who regulates what
Four layers of oversight on every Oregon project
A compliant Oregon data center has to clear federal rules, state agency permits, local approvals and utility requirements at the same time.
Federal
- U.S. EPA (air, water, SPCC, EPCRA)
- U.S. Army Corps of Engineers
- OSHA
- FAA
- FERC / NERC
State
- Oregon DEQ (and LRAPA in Lane County)
- Oregon Public Utility Commission (PUC)
- Oregon Water Resources Dept. (OWRD)
- DLCD / Land Use Board of Appeals
- Dept. of State Lands (DSL)
- Business Oregon / county assessors
- Oregon OSHA and State Fire Marshal
Local
- Cities, counties and port districts
Utility & grid
- PGE
- PacifiCorp (Pacific Power)
- PUDs (e.g., Northern Wasco PUD)
- Co-ops (e.g., Umatilla Electric)
Lifecycle
Oregon requirements from site selection to decommissioning
01
Site selection
Confirm urban growth boundary and zoning status under Oregon's statewide land use system, any local moratorium, the utility (PGE, PacifiCorp or a consumer-owned utility) and water supply.
02
Permitting & construction
DEQ air permits for generators (synthetic minor, or the streamlined path with SCR, DPF and DOC controls), DEQ 1200-C construction stormwater, DSL wetland permits and local building and fire permits. DEQ air and water permits for new or expanding data centers are paused until July 1, 2027.
03
Operations
POWER Act contract terms and minimum payments, air permit limits and reporting, water rights compliance and enterprise zone obligations for existing authorizations.
04
Decommissioning
Close fuel tanks under DEQ rules, terminate air permits, manage batteries and electronics properly and settle utility exit fees under the tariff.
On your jobsite
What this means on your jobsite
Site selection
In Oregon, land use rules and the state’s data center pauses can stop a project before the ground does. Confirm both, then test the site.
Land use and local pauses
Oregon’s statewide land use system decides where a data center can go, and cities are adding their own limits: Hillsboro has a 120-day moratorium on new data centers through Nov. 24, 2026, and is writing a cap on data center land.
You'll need: zoning and urban growth boundary confirmation for the parcel, plus any local moratorium dates
State land is off the table
Gov. Kotek has paused leases, easements, sales and land-use permits for data centers on state-owned land until July 1, 2027.
You'll need: title and ownership checks that rule out state land or a state easement
Soils and seismic ground conditions
DOGAMI maps liquefaction susceptibility and soil amplification across the Portland metro counties, including Washington County, and fill and landslide ground need site-specific evaluation.
You'll need: geotechnical data and early testing to confirm the foundation and seismic design assumptions
Water supply
With some exceptions, using surface or groundwater in Oregon takes a permit or license from the Oregon Water Resources Department, so cooling water usually comes from a water right or a city supply agreement.
You'll need: the water right or municipal supply agreement that covers your cooling demand
Environmental history
Lenders and buyers will expect a Phase I environmental site assessment before acquisition, and a Phase II if it flags concerns.
You'll need: an ASTM-based Phase I in the diligence file
Permitting & construction
DEQ has paused air and water permits for new or expanding data centers until July 1, 2027. Use the wait to get your testing and inspection records ready, so you can start building as soon as permits resume.
Special inspections
The 2025 Oregon Structural Specialty Code, based on the 2024 IBC, requires third-party special inspections of structural concrete, steel, welding and fireproofing.
You'll need: an approved special inspection agency and daily reports the building official will accept
Welds and structural connections
Structural steel, pipe supports and generator skids need weld inspection and nondestructive testing before they’re covered up.
Construction stormwater
Disturbing an acre or more needs DEQ 1200-C coverage, with an erosion and sediment control plan filed at least 30 days before work starts, and site inspections must be done by a credentialed inspector.
You'll need: documented inspections throughout the build
Generators and fuel
Backup generators need a DEQ Air Contaminant Discharge Permit, which is currently paused for new or expanding data centers. DEQ’s streamlined Tier 4 path skips site-specific modeling for Tier 2 engines fitted with SCR and particulate filter controls.
You'll need: generator specifications, emission control data and a testing and maintenance plan ready to file
Commissioning before energization
Under PGE’s Schedule 96, large loads pay minimum demand charges on 90% of contracted capacity, so delays in proving out electrical and backup systems cost you money.
You'll need: commissioning records and integrated systems test results showing the systems perform as designed
Operations
Once you’re live, compliance becomes a matter of records: who tested what, when, and against which standard.
Electrical maintenance
NFPA 70B is now an enforceable standard with required maintenance intervals and condition assessments for electrical equipment. Insurers and AHJs increasingly ask for the records.
Backup power readiness
NFPA 110 calls for regular generator exercise and load testing, and your DEQ air permit limits generator emissions and run time, so every test needs to be planned and logged.
You'll need: generator run logs that match your permit’s testing and maintenance limits
Cooling and mechanical reliability
Pumps, chillers and CRAH fans fail gradually, and the warning signs show up in vibration data first.
Monitoring you can trust
Environmental and power sensors drive alarms, PUE and the energy and water figures regulators and your utility increasingly ask for. Uncalibrated sensors produce numbers you can’t defend.
Decommissioning
The fastest way to lose value at end of life is a site with undocumented contamination or orphaned tanks.
Tank closure
Regulated underground fuel tanks are decommissioned by a DEQ-licensed service provider, with 30 days’ notice to the DEQ regional office and a site assessment report within 30 days of completion.
You'll need: inspection and sampling before the tanks come out
Batteries and hazardous materials
UPS and battery energy storage systems need proper removal, handling and recycling records, as do any EPCRA-reportable chemicals on site.
Permits and utility exit
Shutting down means closing out your DEQ air permit and settling any early-exit charges, which Schedule 96 bases on remaining demand obligations and unspent distribution investment.
You'll need: the utility contract terms and a permit termination request
Exit assessment
A post-operations environmental assessment protects the seller and the next owner.
Key local jurisdictions
Where Oregon rules get local
Zoning, noise, water and moratoria vary county by county. Confirm the current ordinance before you file.
Hillsboro (Washington County)
120-day moratorium through Nov. 24, 2026; code changes to cap data center land.
Boardman, Hermiston & Umatilla
Rural enterprise zones and Port of Morrow sites; DEQ permit pause may hold up Amazon’s Boardman air permit.
The Dalles (Wasco County)
Google campus; city water agreements under scrutiny.
Prineville / Bend
Meta and Apple campuses; Central Oregon water and land limits.
Hood River
Data center moratorium through at least the end of 2026.
Portland, Salem & Clackamas
Writing data center rules before projects arrive.
How ATS + SGS help
One testing, inspection and certification partner for the whole build
Construction & code compliance
Materials testing, special inspections and nondestructive testing so your Oregon build passes inspection the first time.
Electrical, fire & commissioning
Electrical and fire protection testing, generator and UPS verification, and commissioning support before go-live.
Environmental & due diligence
Environmental compliance support, technical due diligence for investors and insurers, and ESG assurance.
FAQ
Oregon data center compliance questions
An Oregon data center typically needs a DEQ air permit for its backup generators (often a synthetic minor permit, or DEQ’s streamlined permit for generators with SCR, DPF and DOC controls), 1200-C construction stormwater coverage, land use approval consistent with statewide planning goals, water rights or a municipal supply agreement, and building and fire permits. DEQ has paused air and water permits for new or expanding data centers until July 1, 2027. PGE and Pacific Power serve loads of 20 MW or more under POWER Act tariffs.
At the state level, Oregon data centers deal mainly with Oregon DEQ (and LRAPA in Lane County); Oregon Public Utility Commission (PUC); Oregon Water Resources Dept. (OWRD); DLCD / Land Use Board of Appeals; Dept. of State Lands (DSL); Business Oregon / county assessors; Oregon OSHA and State Fire Marshal. Local approvals come from Cities, counties and port districts, and interconnection and service terms come from PGE, PacifiCorp (Pacific Power), PUDs (e.g., Northern Wasco PUD), Co-ops (e.g., Umatilla Electric).
The PUC approved PGE’s Schedule 96, the first POWER Act tariff, on May 7, 2026. HB 4084 barred new data center enterprise zone authorizations until 90 days after the 2027 session, and Hillsboro adopted a 120-day moratorium. In September and October Gov. Kotek paused data center deals on state land and DEQ air and water permits for new data centers until July 1, 2027. Her Data Center Advisory Committee issued preliminary findings Sept. 10, with final recommendations expected by year-end.
There is no statewide moratorium law, and the governor says she lacks authority to order one, but her pause on DEQ air and water permits for new or expanding data centers until July 1, 2027 works much like one, and four Democratic legislators plan a three-year moratorium bill for 2027. Hillsboro’s 120-day moratorium runs through Nov. 24, 2026 (extendable six months), and Hood River has a moratorium through at least the end of 2026.
The POWER Act (HB 3546, 2025) puts data centers and other large loads of 20 MW or more in their own utility rate class, with contracts of at least 10 years. PGE's Schedule 96, approved May 7, 2026, adds full distribution cost recovery, exit fees, a 1¢/kWh surcharge above 100 MW and clean-energy queueing.
Every U.S. data center must meet EPA Clean Air Act rules for stationary engines (NSPS Subparts IIII and JJJJ, NESHAP Subpart ZZZZ), Clean Water Act stormwater and wetlands requirements (including U.S. Army Corps Section 404 permits), SPCC plans for diesel storage over the federal threshold, EPCRA Tier II chemical reporting, OSHA construction and electrical safety standards, and FAA notice for tall structures and cranes. FERC and NERC rules shape large-load grid interconnection.
This page summarizes Oregon data center requirements as of October 12, 2026 for general information. It is not legal advice. Confirm current requirements with the relevant agency or counsel before filing.
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Other states
Data center compliance guides by state
Oregon
New data centers are on hold through July 1, 2027: Gov. Kotek paused DEQ air and water permits and state land deals, on top of HB 4084’s tax break freeze and the POWER Act’s 20 MW rate class.