74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
HA to HB 3543
LC 3388/HB 3543-2
HOUSE AMENDMENTS TO
HOUSE BILL 3543
By COMMITTEE ON ENERGY AND THE ENVIRONMENT
May 14
On page 1 of the printed bill, line 2, delete 'appropriating
money;'.
Delete lines 4 through 27 and delete pages 2 through 7 and
insert:
'
{ + LEGISLATIVE FINDINGS + }
' { + SECTION 1. + } { + The Legislative Assembly finds
that:
' (1) In December 2004 the Governor's Advisory Group on Global
Warming issued its report calling for immediate and significant
action to address global warming, to reduce Oregon's exposure to
the risks of global warming and to begin to prepare for the
effects of global warming. The advisory group also identified 46
specific recommendations for measurable reductions in the state's
greenhouse gas emissions.
' (2) In partnership with the Governor's advisory group, 50
scientists signed the 'Scientific Consensus Statement on the
Likely Impacts of Climate Change on the Pacific Northwest,' which
examined the potential effects of climate change on temperature,
precipitation, sea level, marine ecosystems and terrestrial
ecosystems. The scientists recommended additional, improved
scientific studies and modeling of the effects of climate change
on the atmosphere, oceans and land, as well as modeling of the
effects of economic and management policies.
' (3) Global warming poses a serious threat to the economic
well-being, public health, natural resources and environment of
Oregon.
' (4) Oregon relies on snowpack for summer stream flows to
provide energy, municipal water, watershed health and irrigation.
Also, a potential rise in sea levels threatens Oregon's coastal
communities. Reduced snowpack, changes in the timing of stream
flows, extreme or unusual weather events, rising sea levels,
increased occurrences of vector-borne diseases and impacts on
forest health could significantly impact the economy, environment
and quality of life in Oregon.
' (5) Global warming will have detrimental effects on many of
Oregon's largest industries, including agriculture, wine making,
tourism, skiing, recreational and commercial fishing, forestry
and hydropower generation, and will therefore negatively impact
the state's workers, consumers and residents.
' (6) There is a need to assess the current level of greenhouse
gas emissions in Oregon, to monitor the trend of greenhouse gas
emissions in Oregon over the next several decades and to take
necessary action to begin reducing greenhouse gas emissions in
order to prevent disruption of Oregon's economy and quality of
life and to meet Oregon's responsibility to reduce the impacts
and the pace of global warming.
' (7) Oregon has been a national leader in energy conservation
and environmental stewardship, including the areas of energy
efficiency requirements and investments, renewable energy
investments, natural resource conservation, greenhouse gas offset
requirements and investments, and global warming pollution
standards for passenger vehicles. Significant opportunities
remain to reduce greenhouse gas emissions statewide, especially
from major contributors of greenhouse gas emissions, including
electricity production, transportation, building construction and
operation, and the residential and consumer sectors.
' (8) Actions to reduce greenhouse gas emissions will reduce
Oregon's reliance on foreign sources of energy, lead to the
development of technology, attract new businesses to Oregon and
increase energy efficiency throughout the state, resulting in
benefits to the economy and to individual businesses and
residents.
' (9) In devising measures to achieve reduction of greenhouse
gas emissions, Oregon must strive to not disadvantage Oregon
businesses as compared to businesses in other states with which
Oregon cooperates on regional greenhouse gas emissions reduction
strategies.
' (10) Policies pursued, and actions taken, by Oregon will:
' (a) In concert with complementary policies and actions by
other states and the federal government, substantially reduce the
global levels of greenhouse gas emissions and the impacts of
those emissions;
' (b) Encourage similar policies and actions by various
stakeholders;
' (c) Inform and shape national policies and actions in ways
that are advantageous to Oregon residents and businesses; and
' (d) Directly benefit the state and local governments,
businesses and residents. + }
'
{ + GREENHOUSE GAS EMISSIONS REDUCTION GOALS + }
' { + SECTION 2. + } { + (1) The Legislative Assembly
declares that it is the policy of this state to reduce greenhouse
gas emissions in Oregon pursuant to the following greenhouse gas
emissions reduction goals:
' (a) By 2010, arrest the growth of Oregon's greenhouse gas
emissions and begin to reduce greenhouse gas emissions.
' (b) By 2020, achieve greenhouse gas levels that are 10
percent below 1990 levels.
' (c) By 2050, achieve greenhouse gas levels that are at least
75 percent below 1990 levels.
' (2) The Legislative Assembly declares that it is the policy
of this state for state and local governments, businesses,
nonprofit organizations and individual residents to prepare for
the effects of global warming and by doing so, prevent and reduce
the social, economic and environmental effects of global warming.
' (3) This section does not create any additional regulatory
authority for an agency of the executive department as defined in
ORS 174.112. + }
'
{ + DEFINITIONS + }
' { + SECTION 3. + } { + As used in sections 1 to 15 of this
2007 Act:
' (1) 'Global warming' means an increase in the average
temperature of the earth's atmosphere that is associated with the
release of greenhouse gases.
' (2) 'Greenhouse gas' means any gas that contributes to
anthropogenic global warming including, but not limited to,
carbon dioxide, methane, nitrous oxide, hydrofluorocarbons,
perfluorocarbons and sulfur hexafluoride.
' (3) 'Greenhouse gas cap-and-trade system' means a system
that:
' (a) Establishes a total cap on greenhouse gas emissions from
an identified group of emitters;
' (b) Establishes a market for allowances that represent
emissions; and
' (c) Allows trading of allowances among greenhouse gas
emitters. + }
'
{ + OREGON GLOBAL WARMING COMMISSION + }
' { + SECTION 4. + } { + (1) There is created the Oregon
Global Warming Commission. The commission shall consist of 25
members, including 11 voting members appointed by the Governor
under this section and 14 ex officio nonvoting members specified
in section 5 of this 2007 Act.
' (2) Members of the commission appointed under this section
shall be appointed so as to be representative of the social,
environmental, cultural and economic diversity of the state and
to be representative of the policy, science, education and
implementation elements of the efforts to reduce greenhouse gas
emissions and to prepare Oregon for the effects of global
warming. Of the members appointed by the Governor under this
section:
' (a) One member shall have significant experience in
manufacturing;
' (b) One member shall have significant experience in energy;
' (c) One member shall have significant experience in
transportation;
' (d) One member shall have significant experience in forestry;
' (e) One member shall have significant experience in
agriculture; and
' (f) One member shall have significant experience in
environmental policy.
' (3) The Governor shall select a chairperson and a vice
chairperson from among the members appointed under this section.
' (4) The term of office of a member appointed under this
section is four years. Before the expiration of the term of a
member, the Governor shall appoint a successor whose term begins
on January 31 next following. A member appointed under this
section is eligible for reappointment. In case of vacancy for any
cause, the Governor shall make an appointment to become
immediately effective for the unexpired term.
' (5) The members of the commission appointed under this
section must be residents 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 commission.
' (6) Voting members of the commission appointed under this
section are entitled to expenses as provided in ORS 292.495
(2). + }
' { + SECTION 5. + } { + (1) In addition to the members
appointed under section 4 of this 2007 Act, the Oregon Global
Warming Commission shall include the following ex officio
members:
' (a) The Director of the State Department of Energy;
' (b) The Director of Transportation;
' (c) The chairperson of the Public Utility Commission of
Oregon;
' (d) The Director of the Department of Environmental Quality;
' (e) The Director of Agriculture;
' (f) The State Forester;
' (g) The Water Resources Director; and
' (h) Three additional ex officio nonvoting members, each from
a state agency or an academic institution.
' (2) The following representatives of the Legislative Assembly
also shall serve as ex officio nonvoting members:
' (a) Two members of the Senate, not from the same political
party, appointed by the President of the Senate; and
' (b) Two members of the House of Representatives, not from the
same political party, appointed by the Speaker of the House of
Representatives.
' (3) Each legislative member serves at the pleasure of the
appointing authority and may serve so long as the member remains
in the chamber of the Legislative Assembly from which the member
was appointed. + }
' { + SECTION 6. + } { + Notwithstanding the term of office
specified by section 4 of this 2007 Act, of the members first
appointed to the Oregon Global Warming Commission pursuant to
section 4 of this 2007 Act:
' (1) Three shall serve for terms ending January 1, 2009.
' (2) Three shall serve for terms ending January 1, 2010.
' (3) Three shall serve for terms ending January 1, 2011.
' (4) Two shall serve for terms ending July 1, 2011. + }
' { + SECTION 7. + } { + (1) A majority of the members of
the Oregon Global Warming Commission constitutes a quorum for the
transaction of business.
' (2) The commission shall meet at times and places specified
by a majority of the members of the commission.
' (3) The State Department of Energy shall provide clerical,
technical and management personnel to serve the commission. Other
agencies shall provide support as requested by the department or
the commission. + }
' { + SECTION 8. + } { + The Oregon Global Warming
Commission may adopt by rule such standards and procedures as it
considers necessary for the operation of the commission. + }
' { + SECTION 9. + } { + The Oregon Global Warming
Commission shall recommend ways to coordinate state and local
efforts to reduce greenhouse gas emissions in Oregon consistent
with the greenhouse gas emissions reduction goals established by
section 2 of this 2007 Act and shall recommend efforts to help
Oregon prepare for the effects of global warming. The Office of
the Governor and state agencies working on multistate and
regional efforts to reduce greenhouse gas emissions shall inform
the commission about these efforts and shall consider input from
the commission for such efforts. + }
' { + SECTION 10. + } { + (1) In furtherance of the
greenhouse gas emissions reduction goals established by section 2
of this 2007 Act, the Oregon Global Warming Commission may
recommend statutory and administrative changes, policy measures
and other recommendations to be carried out by state and local
governments, businesses, nonprofit organizations or residents. In
developing its recommendations, the commission shall consider
economic, environmental, health and social costs, and the risks
and benefits of alternative strategies, including least-cost
options. The commission shall solicit and consider public comment
relating to statutory, administrative or policy recommendations.
' (2) The commission shall examine greenhouse gas cap-and-trade
systems, including a statewide and multistate carbon
cap-and-trade system and market-based mechanisms, as a means of
achieving the greenhouse gas emissions reduction goals
established by section 2 of this 2007 Act.
' (3) The commission shall examine possible funding mechanisms
to obtain low-cost greenhouse gas emissions reductions and energy
efficiency enhancements, including but not limited to those in
the natural gas industry. + }
' { + SECTION 11. + } { + The Oregon Global Warming
Commission shall develop an outreach strategy to educate
Oregonians about the scientific aspects and economic impacts of
global warming and to inform Oregonians of ways to reduce
greenhouse gas emissions and ways to prepare for the effects of
global warming. The commission, at a minimum, shall work with
state and local governments, the State Department of Energy, the
Department of Education, the State Board of Higher Education and
businesses to implement the outreach strategy. + }
' { + SECTION 12. + } { + (1) The Oregon Global Warming
Commission shall track and evaluate:
' (a) Economic, environmental, health and social assessments of
global warming impacts on Oregon and the Pacific Northwest;
' (b) Existing greenhouse gas emissions reduction policies and
measures;
' (c) Economic, environmental, health and social costs, and the
risks and benefits of alternative strategies, including
least-cost options;
' (d) The physical science of global warming;
' (e) Progress toward the greenhouse gas emissions reduction
goals established by section 2 of this 2007 Act;
' (f) Greenhouse gases emitted by various sectors of the state
economy, including but not limited to industrial, transportation
and utility sectors;
' (g) Technological progress on sources of energy the use of
which generates no or low greenhouse gas emissions and methods
for carbon sequestration;
' (h) Efforts to identify the greenhouse gas emissions
attributable to the residential and commercial building sectors;
' (i) The advancement of regional, national and international
policies to reduce greenhouse gas emissions;
' (j) Local and regional efforts to prepare for the effects of
global warming; and
' (k) Any other information, policies or analyses that the
commission determines will aid in the achievement of the
greenhouse gas emissions reduction goals established by section 2
of this 2007 Act.
' (2) The commission shall:
' (a) Work with the State Department of Energy and the
Department of Environmental Quality to evaluate all gases with
the potential to be greenhouse gases and to determine a carbon
dioxide equivalency for those gases; and
' (b) Use regional and national baseline studies of building
performance to identify incremental targets for the reduction of
greenhouse gas emissions attributable to residential and
commercial building construction and operations. + }
' { + SECTION 13. + } { + The Oregon Global Warming
Commission may recommend to the Governor the formation of citizen
advisory groups to explore particular areas of concern with
regard to the reduction of greenhouse gas emissions and the
effects of global warming. + }
' { + SECTION 14. + } { + The Oregon Global Warming
Commission shall submit a report to the Legislative Assembly, in
the manner provided by ORS 192.245, by March 31 of each
odd-numbered year that describes Oregon's progress toward
achievement of the greenhouse gas emissions reduction goals
established by section 2 of this 2007 Act. The report may include
relevant issues and trends of significance, including trends of
greenhouse gas emissions, emerging public policy and
technological advances. The report also may discuss measures the
state may adopt to mitigate the impacts of global warming on the
environment, the economy and the residents of Oregon and to
prepare for those impacts. + }
'
{ + OREGON CLIMATE CHANGE RESEARCH INSTITUTE + }
' { + SECTION 15. + } { + (1) There is created within the
Department of Higher Education the Oregon Climate Change Research
Institute. The institute shall be administered by Oregon State
University and institutional partners within the Oregon
University System.
' (2) The purpose of the Oregon Climate Change Research
Institute is to:
' (a) Facilitate research by Oregon University System faculty
on climate change and its effects on natural and human systems in
Oregon;
' (b) Serve as a clearinghouse for climate change information;
' (c) Provide climate change information to the public in
integrated and accessible formats;
' (d) Support the Oregon Global Warming Commission in
developing strategies to prepare for and to mitigate the effects
of climate change on natural and human systems; and
' (e) Provide technical assistance to local governments to
assist them in developing climate change policies, practices and
programs.
' (3) The Oregon Climate Change Research Institute shall
assess, at least once each biennium, the state of climate change
science, including biological, physical and social science, as it
relates to Oregon and the likely effects of climate change on the
state. The institute shall submit the assessment to the
Legislative Assembly in the manner provided in ORS 192.245 and to
the Governor.
' (4) State agencies may contract with the Oregon Climate
Change Research Institute to fulfill agency needs regarding the
collection, storage, integration, analysis, dissemination and
monitoring of climate change information, research and
training. + }
'
{ + MISCELLANEOUS + }
' { + SECTION 16. + } { + The unit captions used in this
2007 Act are provided only for the convenience of the reader and
do not become part of the statutory law of this state or express
any legislative intent in the enactment of this 2007 Act. + }
' { + SECTION 17. + } { + This 2007 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2007 Act
takes effect on its passage. + } ' .
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