75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to A-Eng. HB 2186
 
LC 605/HB 2186-A11
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2186
 
        By COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES
 
                             June 8
 
  On page 1 of the printed A-engrossed bill, delete lines 4
through 25 and delete pages 2 through 5 and insert:
  '  { +  SECTION 1. + }  { + Sections 2 to 4a of this 2009 Act
are added to and made a part of ORS chapter 468A. + }
  '  { +  SECTION 2. + }  { + As used in sections 2 to 4 of this
2009 Act:
  ' (1) 'Combined weight' has the meaning given that term in ORS
825.005.
  ' (2) 'Greenhouse gas' has the meaning given that term in ORS
468A.210.
  ' (3) 'Heavy-duty truck' has the meaning given that term in ORS
468A.795.
  ' (4) 'Light-duty truck' means:
  ' (a) A motor vehicle or combination of vehicles operated as a
unit that has a combined weight that is less than or equal to
8,500 pounds and that is designed primarily for the purpose of
transporting property; or
  ' (b) A motor vehicle or combination of vehicles operated as a
unit that has a combined weight that is less than or equal to
8,500 pounds, that is designed primarily for the purpose of
transporting property and that is available with special features
that enable off-street or off-highway operation and use.
  ' (5) 'Low carbon fuel standards' means standards for the
reduction of greenhouse gas emissions, on average, per unit of
fuel energy.
  ' (6) 'Medium-duty truck' has the meaning given that term in
ORS 468A.795.
  ' (7) 'Motorcycle' has the meaning given that term in ORS
801.365.
  ' (8) 'Motor vehicle' has the meaning given that term in ORS
825.005.
  ' (9) 'PADD 5 region' means the Petroleum Administration for
Defense District 5 states of Arizona, Nevada, Oregon and
Washington.
  ' (10) 'Passenger car' means a motor vehicle that is designed
primarily for the transportation of 12 or fewer persons.
  ' (11)(a) 'Replacement tire' means a tire sold in this state
that is designed to replace a tire sold with a new passenger car
or new light-duty truck.
  ' (b) 'Replacement tire' does not include any of the following:
  ' (A) A tire or group of tires from the same stock-keeping
unit, plant and year, if the number of tires produced or imported
for that unit is less than 15,000 annually.
  ' (B) A deep-tread snow tire, a space-saver tire or a
temporary-use spare tire.
  ' (C) A tire with a nominal rim diameter of 12 inches or less.
  ' (D) A motorcycle tire.
  ' (E) A tire manufactured specifically for use in an off-road
motorized recreational vehicle. + }
 
  '  { +  SECTION 3. + }  { + (1) The Environmental Quality
Commission may adopt by rule standards and requirements described
in this section to reduce greenhouse gas emissions.
  ' (2)(a) The commission may adopt low carbon fuel standards for
gasoline, diesel and fuels used as a substitute for gasoline or
diesel.
  ' (b) The commission may adopt the following related to the
standards, including but not limited to:
  ' (A) A schedule to phase in implementation of the standards in
a manner that reduces the average amount of greenhouse gas
emissions per unit of fuel energy of the fuels by 10 percent
below 2010 levels by the year 2020;
  ' (B) Standards for greenhouse gas emissions attributable to
the fuels throughout their lifecycles, including but not limited
to emissions from the production, storage, transportation and
combustion of the fuels and from changes in land use associated
with the fuels;
  ' (C) Provisions allowing the use of all types of low carbon
fuels to meet the low carbon fuel standards, including but not
limited to biofuels, biogas, compressed natural gas, gasoline,
diesel, hydrogen and electricity;
  ' (D) Standards for the issuance of deferrals, established with
adequate lead time, as necessary to ensure adequate fuel
supplies;
  ' (E) Exemptions for liquefied petroleum gas and other
alternative fuels that are used in volumes below thresholds
established by the commission;
  ' (F) Standards, specifications, testing requirements and other
measures as needed to ensure the quality of fuels produced in
accordance with the low carbon fuel standards, including but not
limited to the requirements of ORS 646.910 to 646.923 and
administrative rules adopted by the State Department of
Agriculture for motor fuel quality;
  ' (G) Exemptions for standards for fuels used for an engine
application if the use would void a manufacturer's engine
warranty;
  ' (H) Adjustments to the amounts of greenhouse gas emissions
per unit of fuel energy assigned to fuels for combustion and
drive train efficiency; and
  ' (I) Coordination of Oregon's low carbon fuel standards with
those of other states, including but not limited to the schedule
and goal for the reduction of the average amount of greenhouse
gas emissions per unit of fuel energy and the default values for
these reductions for applicable fuels.
  ' (c) After December 31, 2020, the commission may not amend the
low carbon fuel standards adopted under this subsection to be any
more stringent than those adopted under this subsection before
that date.
  ' (d) The commission shall provide exemptions and deferrals as
necessary to mitigate the costs of complying with the low carbon
fuel standards upon a finding by the commission that the 12-month
rolling weighted average price of gasoline or diesel in Oregon
exceeds the 12-month rolling weighted average price in the PADD 5
region by at least 10 percent.
  ' (3)(a) The commission may adopt requirements to maintain or
retrofit medium-duty trucks and heavy-duty trucks in order to
reduce aerodynamic drag and otherwise reduce greenhouse gas
emissions from those trucks, provided that the commission
evaluates:
  ' (A) Comparable requirements of other states or the United
States Environmental Protection Agency;
  ' (B) The availability of financing programs to fund initial
capital costs that are recouped in fuel savings over time;
  ' (C) Differences among truck types, such as short-haul trucks
and long-haul trucks; and
 
  ' (D) Implementation according to a phased-in schedule taking
into account fleet size.
  ' (b) The commission may require sellers of medium-duty trucks
and heavy-duty trucks to disclose to buyers the existence of
applicable greenhouse gas emissions reduction requirements.
  ' (c) After December 31, 2020:
  ' (A) The commission may not amend the requirements adopted
under this subsection to be any more stringent than the
requirements adopted under this subsection before that date; and
  ' (B) The commission may not amend the requirements adopted
under this subsection to apply to any fleet sizes not regulated
under this section before that date.
  ' (d) The commission shall adopt by rule economic hardship
exemptions and deferrals for owners and operators of trucks from
requirements adopted pursuant to this subsection. In adopting
rules under this subsection, the commission shall evaluate the
ability of owners and operators of trucks to attain a return on
investment within the time period specified in any financing
instrument available to fund initial capital costs associated
with the requirements adopted under this subsection.
  ' (e) As used in this subsection, 'return on investment '
means:
  ' (A) Net monthly savings gained through fuel efficiency that
is equal to or greater than the net monthly payment obligation
under a financing instrument; or
  ' (B) The owner's or operator's initial capital costs, if
self-funded, to comply with the requirements adopted under this
subsection are recouped in fuel savings within three years of the
owner's or operator's expenditure of the initial capital costs.
  ' (4)(a) The commission may adopt requirements to prevent the
tampering, alteration and modification of the original design or
performance of motor vehicle pollution control systems, provided
that the commission coordinates any Oregon antitampering
requirements and exemptions with those of the State of
California.
  ' (b) After December 31, 2020, the commission may not adopt
requirements for any types of motor vehicle pollution control
systems not regulated under this section before that date.
  ' (5)(a) The commission may adopt standards governing the
energy efficiency of replacement tires manufactured in, or
imported into, this state for passenger cars and light-duty
trucks provided that:
  ' (A) The commission coordinates the standards with those of
other states and does not adopt standards that require the
manufacture of new types of replacement tires solely for this
state.
  ' (B) The commission evaluates exemptions for tires used to
equip authorized emergency vehicles if replacement tires for
those vehicles do not meet the standards.
  ' (C) The standards:
  ' (i) Are technically feasible and cost-effective;
  ' (ii) Do not adversely affect tire safety;
  ' (iii) Do not adversely affect the average tire life; and
  ' (iv) Do not adversely affect Oregon's efforts to manage scrap
tires.
  ' (b) After December 31, 2020, the commission may not adopt
standards for any types of replacement tires not regulated under
this section before that date.
  ' (6)(a) The commission may adopt requirements for motor
vehicle service providers to check and inflate tire pressure
according to the tire manufacturer's or motor vehicle
manufacturer's recommended specifications, provided that the
requirements:
  ' (A) Do not apply when the primary purpose of the motor
vehicle service is fueling vehicles; and
 
  ' (B) Do not require motor vehicle service providers to
purchase equipment to check and inflate tire pressure.
  ' (b) After December 31, 2020, the commission may not adopt
requirements for any type of motor vehicle service providers not
regulated under this section before that date.
  ' (7)(a) The commission may adopt restrictions on engine use by
parked commercial vehicles, including but not limited to
medium-duty trucks and heavy-duty trucks, and by commercial ships
while at port, and requirements that truck stops and ports
provide alternatives to engine use such as electric power,
provided that:
  ' (A) Engine use shall be allowed when necessary to power
mechanical or electrical operations if alternatives are not
reasonably available;
  ' (B) Engine use shall be allowed when necessary for reasonable
periods due to traffic delays, frequent delivery stops, loading
and unloading, inspections, safety procedures, emergencies and
other considerations as determined by the commission; and
  ' (C) Any requirements applicable to commercial ships and ports
must be developed in consultation with representatives of Oregon
ports and take into account operational considerations,
operational agreements, international protocols and limitations,
the ability to fund the purchase and use of electric power
equipment and the potential effect of the requirements on
competition with other ports.
  ' (b) After December 31, 2020, the commission may not adopt:
  ' (A) Restrictions on engine use by any types of parked
commercial vehicles and commercial ships at port not regulated
under this section before that date; and
  ' (B) Additional alternatives to engine use for truck stops and
ports regulated under this section before that date. + }
  '  { +  SECTION 4. + }  { + In adopting rules under section 3
of this 2009 Act, the Environmental Quality Commission shall
evaluate:
  ' (1) Safety, feasibility, net reduction of greenhouse gas
emissions and cost-effectiveness;
  ' (2) Potential adverse impacts to public health and the
environment, including but not limited to air quality, water
quality and the generation and disposal of waste in this state;
  ' (3) Flexible implementation approaches to minimize compliance
costs;
  ' (4) The benefits and costs of the rules in relation to the
programs of other state agencies, whether implemented or under
development, to reduce greenhouse gas emissions from the same
economic sectors; and
  ' (5) Technical and economic studies of comparable greenhouse
gas emissions reduction measures implemented in other states and
any other studies as determined by the commission. + }
  '  { +  SECTION 4a. + }  { + Sections 2 to 4 of this 2009 Act
do not apply to:
  ' (1) Motor vehicles registered as farm vehicles under the
provisions of ORS 805.300.
  ' (2) Farm tractors, as defined in ORS 801.265.
  ' (3) Implements of husbandry, as defined in ORS 801.310.
  ' (4) Motor trucks, as defined in ORS 801.355, used primarily
to transport logs. + }
  '  { +  SECTION 5. + }  { +  Except as provided in section 6 of
this 2009 Act, sections 1 to 4a of this 2009 Act become operative
on July 1, 2011. + }
  '  { +  SECTION 6. + }  { +  The Environmental Quality
Commission may adopt rules before the operative date specified in
section 5 of this 2009 Act or take any action before the
operative date specified in section 5 of this 2009 Act that is
necessary to carry out the provisions of sections 1 to 4a of this
2009 Act. Any rules adopted by the commission under this section
do not become operative until on or after July 1, 2011. + }
  '  { +  SECTION 7. + }  { +  (1) The Department of
Environmental Quality shall report on the implementation of
sections 2 to 4a of this 2009 Act to:
  ' (a) The interim legislative committees on environmental and
natural resources on or before December 31, 2010; and
  ' (b) The Seventy-sixth, Seventy-seventh and Seventy-eighth
Legislative Assemblies in the manner provided by ORS 192.245.
  ' (2) The reports required under subsection (1) of this section
must contain a description of:
  ' (a) Rules adopted under sections 3 and 4 of this 2009 Act;
  ' (b) The manner in which the Environmental Quality Commission
complied with the requirements of sections 3 to 4a in adopting
the rules; and
  ' (c) Significant policy decisions made by the commission in
adopting rules under sections 3 and 4 of this 2009 Act. + }
  '  { +  SECTION 8. + }  { + This 2009 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2009 Act
takes effect on its passage. + } ' .
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