71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 4092
A-Engrossed
House Bill 3948
Ordered by the House May 16
Including House Amendments dated May 16
Sponsored by Representative MORGAN; Representatives BECK, BROWN,
CARLSON, DEVLIN, DOYLE, KING, KNOPP, LEE, MINNIS, MONNES
ANDERSON, SCHRADER, SHETTERLY, T SMITH, WILLIAMS, Senators
CASTILLO, MESSERLE (at the request of Associated Oregon
Industries, Defenders of Wildlife)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Creates Sustainability Board. Establishes membership and
duties. Directs board to identify, evaluate and propose
incentives for purpose of encouraging activities that sustain,
protect and enhance quality of environment, economy and
communities.
Creates Institute for Natural Resources to be administered by
Oregon State University.
A BILL FOR AN ACT
Relating to natural resources enhancement; and appropriating
money.
Whereas the Governor of the State of Oregon has adopted
objectives to support sustainability; and
Whereas efforts in advancing sustainability exist throughout
state government and a Sustainability Board would complement
those efforts statewide; and
Whereas it is the intent of the Governor and the Legislative
Assembly, in pursuit of goals for state government, that the
state should employ the knowledge, expertise and creativity of
Oregon's citizens, build upon existing private and public efforts
throughout the state to ensure efficient and complementary
results, develop voluntary, incentive-based and performance
oriented systems to supplement traditional regulatory approaches,
use good science to measure resource use, environmental health
and costs to determine progress in achieving desired outcomes,
and establish clear measurable goals and targets to guide state
efforts toward sustainability; and
Whereas initial efforts to develop and utilize sustainable
practices are occurring in business and citizen organizations,
and there exists an opportunity to find broad agreement and
support for practical steps toward more sustainable practices in
Oregon; and
Whereas it is desirable to ensure that the state implements
these directions and extends these goals and actions to any
entity or sector that wishes to share in these goals or actions;
now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + For purposes of sections 1 to 8 of this 2001
Act:
(1) 'Board' means the Sustainability Board established pursuant
to section 2 of this 2001 Act.
(2) 'Incentive' means a benefit conferred by any government
body or agency upon a person for undertaking an activity
designed, at least in part, to improve, enhance or sustain the
protection or quality of the environment, while at the same time
having no deleterious economic effect.
(3) 'Negative incentive' means a liability or cost imposed by
any government body or agency other than the resultant incidental
consequences of government body or agency decisions.
(4) 'Sustainability' means using, developing and protecting
resources in a manner that enables people to meet current needs
and provides that future generations can also meet future needs,
from the joint perspective of environmental, economic and
community objectives. + }
SECTION 2. { + (1) There is established a Sustainability Board
consisting of the Governor and seven members appointed by the
Governor in the following manner:
(a) One representative of the largest statewide general
business association;
(b) One representative of a nonprofit organization whose
primary purpose is the promotion of conservation and
sustainability;
(c) Three members with demonstrated expertise in economics,
social and community health or natural sciences;
(d) One member appointed in consultation with the person
appointed in paragraph (a) of this subsection; and
(e) One member appointed in consultation with the person
appointed in paragraph (b) of this subsection.
(2) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor whose term begins on the January 1 next following. A
member is eligible for reappointment. If there is a vacancy for
any cause, the Governor shall make an appointment to become
immediately effective for the unexpired term.
(3) The members of the board must be citizens of this state.
Failure of a member to maintain compliance with the eligibility
requirements related to the member's appointment shall result in
disqualification from serving on the board.
(4) The appointment of a member of the board is subject to
confirmation by the Senate in the manner prescribed in ORS
171.562 and 171.565.
(5) A member of the board is entitled to actual and necessary
travel and other expenses as provided in ORS 292.495.
(6) All agencies, departments and officers of this state are
directed to assist the board in the performance of its functions
and to furnish such information and advice as the members of the
board consider necessary to perform their functions. + }
SECTION 3. { + (1) In addition to any other duties or powers
provided by law, the Sustainability Board:
(a) Shall identify, evaluate and propose incentives and the
removal of negative incentives for the purposes of encouraging
activities that best sustain, protect and enhance the quality of
the environment, economy and community for the present and future
benefit of Oregonians.
(b) Shall make recommendations and propose legislation,
regulatory changes or policy modifications to agencies, the
Governor, the Legislative Assembly, private entities or other
bodies regarding the adoption of identified incentives and
removal of identified negative incentives.
(c) Shall develop and promote policies and programs that will
assist in the meeting of sustainability goals specified in
section 4 of this 2001 Act.
(d) Shall submit a biennial report to the Legislative Assembly
by March 31 of each odd-numbered year on the board's activities
and recommendations.
(e) May accept, from whatever source, appropriations, gifts or
grants of money or other property for the purpose of promoting
the goals specified in section 4 of this 2001 Act.
(2) The Sustainability Board may not:
(a) Propose or recommend negative incentives.
(b) Circumvent, overrule, repeal or otherwise overturn rules,
orders, agreements or policies of state agencies, governmental
bodies or other bodies.
(c) Require or prohibit rulemaking or other regulatory
functions of a state agency, governmental body or other body. + }
SECTION 4. { + The Legislative Assembly finds and declares the
following goals for the State of Oregon regarding sustainability:
(1) In conducting internal operations, state agencies shall, in
cooperation with the Oregon Department of Administrative
Services, seek to achieve the following objectives:
(a) State purchases should be made so as to serve the broad,
long term financial interests of Oregonians, including ensuring
that environmental, economic and societal improvements are made
so as to enhance environmental, economic and societal well-being.
(b) Investments in facilities, equipment and durable goods
should reflect the highest feasible efficiency and lowest life
cycle costs.
(c) Investments and expenditures should help promote
improvements in the efficient use of energy, water and resources.
(d) State operations should be located in diverse locations,
including rural and distressed communities.
(e) State operations and purchases should help maintain vital
and active downtown and main street communities.
(f) State purchases should help support opportunities for
economically distressed communities and historically
underemployed people.
(g) State operations should reflect partnerships with
communities and businesses.
(h) State operations should help reduce adverse impacts on
native habitats and species and help restore ecological
processes.
(i) State operations should be conducted in ways that
significantly increase the efficient use of energy, water and
resources.
(j) State operations and purchases should reflect the efficient
use and reuse of resources and reduction of contaminants released
into the environment.
(2) In supporting sustainable communities, state agencies shall
seek to achieve the following objectives:
(a) Resilient local economies that provide a diversity of
economic opportunities for all citizens.
(b) Workers supported by lifelong education to ensure a
globally competitive workforce.
(c) An independent and productive citizenry.
(d) Youth supported by strong families and communities.
(e) Downtowns and main street communities that are active and
vital.
(f) Development that wisely and efficiently uses infrastructure
investments and natural resources.
(g) Affordable housing available for citizens in community
centers.
(h) Healthy urban and rural watersheds, including habitats for
fish and wildlife.
(i) Clean and sufficient water for all uses.
(j) Efficient use and reuse of resources and minimization of
harmful emissions to the environment. + }
SECTION 5. { + Notwithstanding the term of office specified by
section 2 of this 2001 Act, of the members first appointed to the
Sustainability Board:
(1) One shall serve for a term ending January 1, 2003.
(2) Two shall serve for terms ending January 1, 2004.
(3) Two shall serve for terms ending January 1, 2005.
(4) Two shall serve for terms ending January 1, 2006. + }
SECTION 6. { + (1) The Governor, or a member of the
Sustainability Board designated by the Governor, shall serve as
the chairperson of the board. The board shall select one of its
members as vice chairperson. The board shall determine the terms,
duties and powers necessary for the performance of the functions
of such offices.
(2) A majority of the members of the board constitutes a quorum
for the transaction of business.
(3) The board shall meet at least once every three months at a
place, day and hour determined by the board. The board also shall
meet at other times and places specified by the call of the
chairperson or of a majority of the members of the board.
(4) The board may establish rules of procedure for operations.
The board shall seek agreement by consensus but may adopt
positions by vote pursuant to procedures adopted by the
board. + }
SECTION 7. { + (1) The Sustainability Board shall appoint a
director to serve at the pleasure of the board.
(2) The designation of the director must be by written order,
filed with the Secretary of State.
(3) The director shall receive such salary as may be fixed by
the board. In addition, the director shall receive actual and
necessary travel and other expenses incurred in the performance
of official duties as provided in ORS 292.495.
(4) Subject to any applicable provisions of the State Personnel
Relations Law, the director shall appoint all subordinate
officers and employees of the board, prescribe their duties and
fix their compensation. + }
SECTION 8. { + In accordance with applicable provisions of ORS
183.310 to 183.550, the Sustainability Board may adopt rules
necessary for governing its operations and procedures. + }
SECTION 9. { + There is appropriated to the Sustainability
Board, for the biennium beginning July 1, 2001, out of the
General Fund, the amount of $___ for the purpose of carrying out
sections 1 to 8 of this 2001 Act. + }
SECTION 10. { + The Oregon Progress Board shall evaluate the
goals specified in section 4 of this 2001 Act and other potential
measures, including benchmarks, for effectiveness in measuring
progress toward sustainability. The board may consult with the
Oregon Department of Administrative Services and other agencies
as appropriate to complete the evaluation. The Oregon Progress
Board shall include the findings of the evaluation conducted
under this section in its report specified by ORS 285A.174. + }
SECTION 11. { + In order to assist state and local
governmental agencies in developing sustainable operations, the
Economic and Community Development Department, in consultation
with the Oregon Economic and Community Development Commission,
shall develop and implement strategies to accomplish the
following:
(1) Coordination of efforts to market sustainable products,
industries and services from Oregon;
(2) Development of resources to support organizations adopting
sustainable practices, including but not limited to, training and
educational opportunities, electronically available information
and case studies; and
(3) Intensification of efforts to increase the economic
stability of communities designated as economically
distressed. + }
SECTION 12. { + (1) There is created within the Department of
Higher Education the Institute for Natural Resources. The
Institute for Natural Resources shall be administered by Oregon
State University.
(2) The purpose of the Institute for Natural Resources is to:
(a) Serve as a clearinghouse for scientifically based natural
resources information;
(b) Provide scientifically based natural resources information
to the public in integrated and accessible formats;
(c) Coordinate efforts with other state agencies and bodies to
provide natural resources information to the public in a
comprehensive manner;
(d) Facilitate and conduct research; and
(e) Provide information and technical tools to assist
decision-making on natural resources issues.
(3) Using existing resources, state agencies designated by the
Governor shall enter into a memorandum of understanding, or other
agreement deemed appropriate by the Governor, with the institute
that defines and clarifies the roles and responsibilities of the
agencies under sections 1 to 12 of this 2001 Act in order to
prevent duplication of effort and to ensure that agency resources
are used efficiently.
(4) State agencies may contract with the institute to fulfill
agency needs regarding the collection, storage, integration,
analysis, dissemination and monitoring of natural resources
information and natural resources research and training. + }
SECTION 13. { + Sections 1 to 12 of this 2001 Act shall be
known as the Oregon Sustainability Act. + }
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