The provisions of this chapter and ORS chapter 543A do not apply to an ocean renewable energy facility as defined in ORS 274.870 if:
(1) The facility is located within Oregon’s territorial sea, as defined in ORS 196.405; or
(2) The facility is in an estuary, unless any part of the facility is not subject to a proprietary authorization issued by the Department of State Lands under ORS 274.873.