71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
CCA to C-Eng. HB 2332
 
LC 1912/HB 2332-C15
 
               CONFERENCE COMMITTEE AMENDMENTS TO
                   C-ENGROSSED HOUSE BILL 2332
 
                             July 7
 
 
 
                 (No change in Measure Summary)
 
Speaker Simmons:
  Your Conference Committee to whom was referred C-engrossed
House Bill 2332, having had the same under consideration,
respectfully reports it back with the recommendation that the
House concur in the Senate amendments dated June 26 and July 6
and that the bill be amended as follows and repassed.
 
  On page 1 of the printed C-engrossed bill, line 2, after '
318.031' insert 'and section 6, chapter ___, Oregon Laws 2001
(Enrolled Senate Bill 764)'.
  On page 5, after line 17, insert:
  '  { +  SECTION 13. + } If Senate Bill 764 becomes law, section
6, chapter ___, Oregon Laws 2001 (Enrolled Senate Bill 764), is
amended to read:
  '  { +  Sec. 6. + } For purposes of ORS 315.304, the applicable
percentage of the certified cost of a facility shall be one of
the following:
  ' (1) If the facility is certified under ORS 468.155 to 468.190
(1999 Edition) or if construction or installation of the facility
is commenced prior to January 1, 2001, and completed prior to
January 1, 2004, 50 percent.
  ' (2) Except as provided in subsection (1) or (3) of this
section, if the facility is certified pursuant to application for
certification filed on or after January 1, 2002, and:
  ' (a) Construction or installation of the facility is commenced
on or after January 1, 2001, and on or before December 31, 2003,
25 percent; or
  ' (b) Construction or installation of the facility is commenced
after December 31, 2003, and on or before December 31, 2005, 15
percent.
  ' (3) If certified pursuant to application for certification
filed on or after January 1, 2002, 35 percent if:
  ' (a) The applicant is certified under International
Organization for Standardization standard ISO 14001;
  ' (b) A Green Permit that applies to the facility has been
issued under ORS 468.501 to 468.521;
  ' (c) The facility is a nonpoint source or is regulated as a
confined animal feeding operation under ORS 468B.200 to 468B.230;
  ' (d) The facility is used for material recovery or recycling,
as those terms are defined in ORS 459.005;
  ' (e) The facility is used in an agricultural or forest
products operation and is used for energy recovery, as defined in
ORS 459.005;
  ' (f) The certified cost of the facility does not exceed
$200,000;
  ' (g) Construction or installation of the facility is entirely
voluntary and no portion of it is required in order to comply
with a federal law administered by the United States
Environmental Protection Agency, a state law administered by the
Department of Environmental Quality or a law administered by a
regional air pollution authority;   { - or - }
   { +  ' (h) The facility is, at the time of certification,
located within an enterprise zone established under ORS 285B.650
to 285B.728 or within an area that has been designated a
distressed area, as defined in ORS 285A.010, by the Economic and
Community Development Department; or + }
  '  { - (h) - }  { +  (i) + } The applicant demonstrates to the
Department of Environmental Quality that the applicant uses an
environmental management system at the facility. In order for the
department to determine that the applicant uses an environmental
management system at the facility:
  ' (A) The applicant must have the environmental management
system used at the facility reviewed by an independent third
party familiar with environmental management systems and submit a
report to the department stating that the provisions of this
paragraph have been met. The report shall be accompanied by
supporting materials that document compliance with the provisions
of this paragraph. The report shall include certification from a
registered or certified environmental management auditor employed
by, or under contract with, the independent third party that
reviewed the environmental management system; or
  ' (B) The department shall contract with an independent third
party familiar with environmental management systems to review
the environmental management system employed at the facility. The
third party shall review the environmental management system,
and, if the third party determines that the environmental
management system meets the provisions of this paragraph, a
registered or certified environmental management system auditor
employed by, or contracted with, the third party shall certify
that determination to the department. The department shall
recover from the applicant the costs incurred by the department
as prescribed in ORS 468.073.  An applicant shall be liable for
the costs of the department under this subparagraph without
regard to whether the department certifies the facility as a
pollution control facility. The department may not certify a
facility to which this subparagraph applies until the department
has received full payment from the applicant.'.
  In line 18, delete '13' and insert '14'.
 
                         /sLane Shetterly
                           Representative
 
                         /sDeborah Kafoury
                           Representative
 
                         /sBill Witt
                           Representative
 
                         /sSteve Harper
                           Senator
 
                         /sTony Corcoran
                           Senator
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