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
 
                         House Bill 3610
 
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 as
introduced.
 
  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. 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.005, 468A.050, 468A.220, 468A.225 and 468A.235; repealing
  ORS 468A.210; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2008 Act and ORS 468A.200,
468A.205, 468A.215, 468A.220, 468A.225, 468A.230, 468A.235,
468A.240, 468A.245, 468A.250, 468A.255 and 468A.260 are added to
and made a part of ORS chapter 468A. + }
  SECTION 2.  { + (1) The following agencies shall evaluate
policies and measures 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.
  (2) After performing the evaluation required by subsection (1)
of this section, an agency specified in subsection (1) of this
section shall prepare a report that sets forth specific
recommendations to 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.
  (3) In making the recommendations specified in subsection (2)
of this section, each agency shall evaluate the costs and
benefits to the economy of Oregon of implementing the
recommendations.
  (4) Each agency shall submit the report specified in subsection
(2) of this section to the Oregon Global Warming Commission
before October 1 of each even-numbered year. + }
  SECTION 3. ORS 468A.005 is amended to read:
  468A.005. As used in ORS chapters 468, 468A and 468B, unless
the context requires otherwise:
  (1) 'Air-cleaning device' means any method, process or
equipment   { - which - }   { + that + } removes, reduces or
renders less noxious air contaminants prior to their discharge in
the atmosphere.
  (2) 'Air contaminant' means a dust, fume, gas, mist, odor,
smoke, vapor, pollen, soot, carbon, acid or particulate matter or
any combination thereof.
  (3) 'Air contamination' means the presence in the outdoor
atmosphere of one or more air contaminants   { - which - }
 { + that + } contribute to a condition of air pollution.
  (4) 'Air contamination source' means any source at, from, or by
reason of which there is emitted into the atmosphere any air
contaminant, regardless of who the person may be who owns or
operates the building, premises or other property in, at or on
which such source is located, or the facility, equipment or other
property by which the emission is caused or from which the
emission comes.
  (5) 'Air pollution' means the presence in the outdoor
atmosphere of one or more air contaminants, or any combination
thereof, in sufficient quantities and of such characteristics and
of a duration as are or are likely to be injurious to public
welfare, to the health of human, plant or animal life or to
property or to interfere unreasonably with enjoyment of life and
property throughout such area of the state as shall be affected
thereby.
  (6) 'Area of the state' means any city or county or portion
thereof or other geographical area of the state as may be
designated by the Environmental Quality Commission.
   { +  (7) 'Global warming' means an increase in the average
temperature of the earth's atmosphere that is associated with the
release of greenhouse gases.
  (8) '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.
  (9) '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. + }
    { - (7) - }   { + (10) + } 'Woodstove' means a wood fired
appliance with a closed fire chamber which maintains an
air-to-fuel ratio of less than 30 during the burning of 90
percent or more of the fuel mass consumed in the low firing
cycle. The low firing cycle means less than or equal to 25
percent of the maximum burn rate achieved with doors closed or
the minimum burn achievable.
  SECTION 4. ORS 468A.050 is amended to read:
  468A.050. (1) By rule the Environmental Quality Commission may
 { - classify air contamination sources according to levels and
types of emissions and other characteristics which cause or tend
to cause or contribute to air pollution and may require
registration or reporting or both for any such class or
classes. - }  { + require registration or reporting by:
  (a) A person in control of an air contamination source or any
class of air contamination sources as determined by the
commission by rule; and
  (b) A person who imports, sells or distributes for use in
Oregon electricity or fuel that generates greenhouse gases when
produced or used. + }
  (2)   { - Any person in control of an air contamination source
of any class for which registration and reporting is required
under subsection (1) of this section shall register with the
Department of Environmental Quality and make reports containing
such information as the commission by rule may require - }
 { + By rule the commission may specify the contents of reports
submitted under subsection (1) of this section, including
information + } concerning location, size and height of air
contaminant outlets, processes employed, fuels used and the
amounts, nature and duration of air contaminant emissions and
such other information as is relevant to air pollution.
   { +  (3) In addition to the information specified in
subsection (2) of this section, the commission by rule may
require that reports submitted under subsection (1) of this
section contain:
  (a) Information concerning greenhouse gases emitted inside
Oregon; and
  (b) Information concerning greenhouse gases emitted outside
Oregon from the production and transmission of electricity that
is imported, sold or distributed for use in Oregon.
  (4)(a) Unless the commission by rule designates a different
entity, reports submitted under subsection (1) of this section
must be made to the Department of Environmental Quality.
  (b) If the commission designates another entity, the commission
may require compliance with all reporting protocols and
requirements of the entity.
  (5) By rule the commission may:
  (a) Require that the information required in reports submitted
under subsection (1) of this section be verified by the
department or another entity designated by the commission; and
  (b) Establish standards concerning any verification required
under this subsection. + }
  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 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. ORS 468A.235 is amended to read:
  468A.235. 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 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.
  SECTION 8.  { + ORS 468A.210 is repealed. + }
  SECTION 9.  { + 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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