74th OREGON LEGISLATIVE ASSEMBLY--2008 Special 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 70
A-Engrossed
House Bill 3610
Ordered by the House February 13
Including House Amendments dated February 13
Sponsored by COMMITTEE ON ELECTIONS, ETHICS AND RULES (at the
request of House Interim Committee on Energy and the
Environment)
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.
Requires that certain state agencies report recommendations
regarding greenhouse gas emissions reduction goals to Oregon
Global Warming Commission. { - Modifies rulemaking authority of
Environmental Quality Commission. - } { + Requires that copy of
report and updates to report be provided to Legislative Assembly.
Allows Environmental Quality Commission to require registration
and reporting by persons who import, sell or distribute for use
in this state electricity or fossil fuels. Directs commission to
minimize burden of reporting to extent it is consistent with
purposes of commission rules.
Increases membership of Oregon Global Warming Commission by two
voting members and three nonvoting members. + } Clarifies ex
officio nonvoting membership of Oregon Global Warming Commission.
Clarifies that majority of voting members of Oregon Global
Warming Commission constitutes quorum for transaction of
business.
{ - Requires certain reporting to Legislative Assembly. - }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to climate change; creating new provisions; amending ORS
468A.215, 468A.220, 468A.225 and 468A.235; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 468A.235 is amended to read:
468A.235. { + (1) + } 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 ORS
468A.205 and shall recommend efforts to help Oregon prepare for
the effects of global warming. The Office of the Governor and
state agencies working on { + state, + } multistate and regional
efforts to reduce greenhouse gas emissions shall inform the
commission { + and the Legislative Assembly + } about these
efforts and shall consider input from the commission for such
efforts.
{ + (2) The following agencies shall identify existing
programs and activities that could contribute to meeting the
greenhouse gas emissions reduction goals specified in ORS
468A.205:
(a) The State Department of Energy;
(b) The Department of Transportation;
(c) The Public Utility Commission;
(d) The State Forestry Department;
(e) The Department of Environmental Quality;
(f) The Water Resources Department;
(g) The Department of Higher Education;
(h) The State Department of Agriculture;
(i) The Department of Land Conservation and Development;
(j) The Oregon Department of Administrative Services; and
(k) Any other agency designated by the Oregon Global Warming
Commission.
(3) After identifying programs and activities as required by
subsection (2) of this section, each agency shall prepare a
report that sets forth recommendations for changes to the
identified programs and activities that could help the State of
Oregon achieve the greenhouse gas emissions reduction goals
specified in ORS 468A.205. The report shall identify the cost to
the agency of implementing the recommendations.
(4) In making recommendations under subsection (3) of this
section, each agency shall identify the costs and benefits to the
economy of Oregon of implementing the recommendations.
(5) Each agency shall update the report required by subsection
(3) of this section every two years and provide a copy of the
updated report to the commission on or before October 1 of each
even-numbered year. Agencies shall submit the updated reports to
the Legislative Assembly on or before October 1 of each
even-numbered year in the manner provided by ORS 192.245. + }
SECTION 1a. { + Each agency shall submit the report required
under ORS 468A.235 (3) by October 1, 2008. + }
SECTION 2. { + Section 3 of this 2008 Act is added to and made
a part of ORS chapter 468A. + }
SECTION 3. { + (1) In addition to any registration and
reporting that may be required under ORS 468A.050, the
Environmental Quality Commission by rule may require registration
and reporting by:
(a) Any person who imports, sells or distributes for use in
this state electricity, the generation of which emits greenhouse
gases; or
(b) Any person who imports, sells or distributes for use in
this state fossil fuel that generates greenhouse gases when
combusted.
(2) Rules adopted by the commission under this section for
electricity that is imported, sold or distributed for use in this
state may require reporting of information necessary to determine
greenhouse gas emissions from generating facilities and
transmission equipment that is used to produce and transmit the
electricity.
(3)(a) The commission shall allow consumer-owned utilities, as
defined in ORS 757.270, to comply with reporting requirements
imposed under this section by the submission of a report prepared
by a third party. A report submitted under this paragraph may
include information for more than one consumer-owned utility, but
must include all information required by the commission for each
individual utility.
(b) For the purpose of determining greenhouse gas emissions
related to electricity purchased from the Bonneville Power
Administration by a consumer-owned utility, as defined in ORS
757.270, the commission may require only that the utility report:
(A) The number of megawatt hours of electricity purchased by
the utility from the Bonneville Power Administration, segregated
by the types of contracts entered into by the utility with the
Bonneville Power Administration; and
(B) The percentage of each fuel or energy type used to produce
electricity purchased under each type of contract.
(4) Rules adopted by the commission under this section for
fossil fuel that is imported, sold or distributed for use in this
state may require reporting of the type and quantity of the fuel
and any additional information necessary to determine the carbon
content of the fuel. For the purpose of determining greenhouse
gas emissions related to liquefied petroleum gas, the commission
shall allow reporting using publications or submission of data by
the American Petroleum Institute but may require reporting of
such other information necessary to achieve the purposes of the
rules adopted by the commission under this section.
(5) To the extent it is consistent with the purposes of the
rules adopted by the commission under this section, the
commission shall minimize the burden of the reporting required
under this section by:
(a) Allowing concurrent reporting of information that is also
reported to another state agency;
(b) Allowing electronic reporting;
(c) Allowing use of good engineering practice calculations in
reports, or of emission factors published by the United States
Environmental Protection Agency;
(d) Establishing thresholds for the amount of specific
greenhouse gases that may be emitted or generated without
reporting;
(e) Requiring reporting by the fewest number of persons in a
fuel distribution system that will allow the commission to
acquire the information needed by the commission; or
(f) Other appropriate means and procedures determined by the
commission.
(6) For purposes of this section, 'greenhouse gas' has the
meaning given that term in ORS 468A.210. + }
SECTION 4. ORS 468A.215 is amended to read:
468A.215. (1) There is created the Oregon Global Warming
Commission. The commission shall consist of { - 25 - } { +
30 + } members, including { - 11 - } { + 13 + } voting
members appointed by the Governor under this section and
{ - 14 - } { + 17 + } ex officio nonvoting members specified
in ORS 468A.220.
(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 { + ;
(g) One member shall represent the interests of labor; and
(h) One member shall represent the interests of consumer-owned
utilities + }.
(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. ORS 468A.220 is amended to read:
468A.220. (1) In addition to the members appointed under ORS
468A.215, the Oregon Global Warming Commission shall include the
following ex officio { + nonvoting + } 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 - } { + Six + } 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 - } { + as + } long
as the member remains in the chamber of the Legislative Assembly
from which the member was appointed.
SECTION 6. ORS 468A.225 is amended to read:
468A.225. (1) A majority of the { + voting + } 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 { + voting + } 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 7. { + This 2008 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2008 Act takes effect on its
passage. + }
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