74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 3543
Sponsored by Representative DINGFELDER, Senator AVAKIAN;
Representatives CANNON, MACPHERSON, MERKLEY, READ
CHAPTER ................
AN ACT
Relating to climate change; appropriating money; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
{ +
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) Oregon forests play a significant role in sequestering
atmospheric carbon, and losing this potential to sequester carbon
will have a significant negative effect on the reduction of
carbon levels in the atmosphere.
(6) Global warming will have detrimental effects on many of
Oregon's largest industries, including agriculture, wine making,
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tourism, skiing, recreational and commercial fishing, forestry
and hydropower generation, and will therefore negatively impact
the state's workers, consumers and residents.
(7) 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.
(8) 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.
(9) 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.
(10) 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.
(11) 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
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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.
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(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
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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 carbon sequestration potential of Oregon's forests,
alternative methods of forest management that can increase carbon
sequestration and reduce the loss of carbon sequestration to
wildfire, changes in the mortality and distribution of tree and
other plant species and the extent to which carbon is stored in
tree-based building materials;
(j) The advancement of regional, national and international
policies to reduce greenhouse gas emissions;
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(k) Local and regional efforts to prepare for the effects of
global warming; and
(L) 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.
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(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. + }
{ +
APPROPRIATIONS + }
SECTION 16. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of Higher
Education, for the biennium beginning July 1, 2007, out of the
General Fund, the amount of $180,000 for the purpose of the
Oregon Climate Change Research Institute created by section 15 of
this 2007 Act. + }
{ +
MISCELLANEOUS + }
SECTION 17. { + 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 18. { + 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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Passed by House June 23, 2007
...........................................................
Chief Clerk of House
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Speaker of House
Passed by Senate June 25, 2007
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President of Senate
Enrolled House Bill 3543 (HB 3543-B) Page 7
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 3543 (HB 3543-B) Page 8