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
B-Engrossed
House Bill 3948
Ordered by the House June 30
Including House Amendments dated May 16 and June 30
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 { + within Oregon Department of
Administrative Services + }. 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.
{ + Sunsets Sustainability Board on January 2, 2006. + }
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 9 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 significant, 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 created within the Oregon
Department of Administrative Services a Sustainability Board
consisting of the Governor or the Governor's representative and
seven additional members appointed by the Governor. In appointing
members, the Governor shall seek to appoint persons from all
geographic regions of the state and from all communities who have
a demonstrated ability to work in a cooperative and collaborative
manner with people of diverse interests. The Governor shall
appoint members from the following fields who have experience in
matters pertinent to the effective operation of the board:
(a) One representative of business;
(b) One representative of small business;
(c) Three members with experience in natural resources,
community health or economics;
(d) One member with experience in promoting sustainability; and
(e) One member with experience in promoting conservation of
natural resources.
(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) 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 apply for and accept, from whatever source,
appropriations, gifts or grants of money or other property. The
board shall deposit moneys received under this paragraph into the
State Treasury to the credit of the Sustainability Board Fund
established under section 9 of this 2001 Act.
(f) Shall consult with and seek comment from trade
associations, organizations, businesses and other groups and
individuals representing pertinent interests as part of
developing recommendations.
(g) Shall develop and promote proposals that jointly and
mutually enhance local economies, the environment and community
health for the present and future benefit of Oregonians.
(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.
(3) Nothing in this section is meant to discourage or prohibit
any person, group or committee from discussing or proposing
mechanisms, including the modification of tax policies, to
promote sustainability. + }
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 enable and encourage local communities 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.
(3) Intensification of efforts to increase the economic
stability of communities designated as economically
distressed. + }
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 July 1, 2005. + }
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. The appointment
of the director shall be subject to confirmation by the Senate as
provided in section 4, Article III, Oregon Constitution.
(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. { + (1) The Sustainability Board Fund is
established in the State Treasury, separate and distinct from the
General Fund. Interest earned by the Sustainability Board Fund
shall be credited to the fund.
(2) All moneys received by the Sustainability Board under
section 3 of this 2001 Act shall be paid into the State Treasury
and deposited into the General Fund to the credit of the
Sustainability Board Fund. Such moneys are continuously
appropriated to the Sustainability Board for the purposes of
administering sections 1 to 9 of this 2001 Act. + }
SECTION 10. { + There is appropriated to the Oregon Department
of Administrative Services for the Sustainability Board, for the
biennium beginning July 1, 2001, out of the General Fund, the
amount of $100,000 for the purpose of carrying out sections 1 to
9 of this 2001 Act. + }
SECTION 11. { + 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 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 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. + }
SECTION 14. { + Section 7 of this 2001 Act becomes operative
July 1, 2002. + }
SECTION 15. { + Sections 2, 3 and 5 to 10 of this 2001 Act are
repealed January 2, 2006. + }
SECTION 16. Section 1 of this 2001 Act is amended to read:
{ + Sec. 1. + } For purposes of sections 1 to 9 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 significant, 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 17. { + Section 16 of this 2001 Act becomes operative
January 2, 2006. + }
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