75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular 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 605
Minority Report
C-Engrossed
House Bill 2186
Ordered by the Senate June 22
Including House Amendments dated May 4 and Senate Amendments
dated
June 8 and Senate Minority Report Amendments dated June 22
Sponsored by nonconcurring members of the Senate Committee on
Rules: Senators FERRIOLI, ATKINSON
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.
{ - Authorizes Environmental Quality Commission to adopt
rules to help state reduce greenhouse gas emissions. Specifies
rules that commission may adopt. Specifies criteria by which
commission must adopt rules. - }
{ - Requires commission to report on rules to specified
legislative committees and to Seventy-sixth, Seventy-seventh and
Seventy-eighth Legislative Assemblies. - }
{ + Directs Department of Environmental Quality to develop
recommendations for legislation that fosters greenhouse gas
emissions reductions. Directs department to submit
recommendations to specified interim legislative committees.
Creates Metropolitan Planning Organization Greenhouse Gas
Emissions Task Force for purpose of studying alternative land use
and transportation scenarios that reduce greenhouse gas emissions
from certain motor vehicles in areas served by metropolitan
planning organizations. Directs task force to recommend
legislation to specified interim legislative committees. Sunsets
task force on convening of next regular biennial legislative
session. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to greenhouse gas emissions; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section:
(a) 'Commercial vehicle' has the meaning given that term in ORS
801.210.
(b) 'Greenhouse gas' has the meaning given that term in ORS
468A.210.
(c) 'Heavy-duty truck' has the meaning given that term in ORS
468A.795.
(d) 'Medium-duty truck' has the meaning given that term in ORS
468A.795.
(e) 'Motor vehicle' has the meaning given that term in ORS
825.005.
(2) The Department of Environmental Quality shall, after
consultation with relevant state agencies, develop
recommendations for legislation that outline specific plans and
requirements to foster greenhouse gas emissions reductions
related to:
(a) Fuel that is used for transportation;
(b) Commercial products;
(c) The maintenance and retrofitting of medium-duty trucks and
heavy-duty trucks;
(d) Motor vehicle pollution control systems;
(e) Tire energy efficiency;
(f) Tire inflation; and
(g) The idling of commercial vehicles.
(3) The recommendations for legislation required by subsection
(2) of this section must be developed considering:
(a) The contribution toward meeting the greenhouse gas
emissions reduction goals specified in ORS 468A.205;
(b) Economic impacts on Oregon consumers;
(c) Economic impacts on Oregon businesses;
(d) Technical feasibility; and
(e) Low carbon fuel standards of the State of California, and
any other comparable standards or requirements, or proposals for
standards or requirements, to reduce carbon in fuel that is used
for transportation, including those of other states, the United
States Environmental Protection Agency and other countries.
(4) The department shall submit a report with the
recommendations for legislation required by subsection (2) of
this section and the considerations described in subsection (3)
of this section to the interim legislative committees on
environment and natural resources on or before September 1,
2010. + }
SECTION 2. { + (1) There is created the Metropolitan Planning
Organization Greenhouse Gas Emissions Task Force consisting of 16
members appointed as follows:
(a) The President of the Senate shall appoint two members from
among members of the Senate.
(b) The Speaker of the House of Representatives shall appoint
two members from among members of the House of Representatives.
(c) The Governor shall appoint the following members:
(A) One representative from each of the six metropolitan
planning organizations in this state, at least three of whom must
be elected local government officials.
(B) Four members who are representatives of transportation and
land use stakeholders.
(C) The chairperson of the Oregon Transportation Commission.
(D) The chairperson of the Land Conservation and Development
Commission.
(2) The task force shall:
(a) Study and evaluate the development of alternative land use
and transportation scenarios that accommodate planned population
and employment growth in those areas of the state that are served
by metropolitan planning organizations while achieving a
reduction in greenhouse gas emissions from motor vehicles with a
gross vehicle weight rating of 10,000 pounds or less. The task
force shall take into account the amount of greenhouse gas
emissions caused by motor vehicles with a gross vehicle weight
rating of 10,000 pounds or less that need to be reduced by 2035
in order to meet the goals stated in ORS 468A.205. The task force
shall take into consideration the reductions in vehicle emissions
that are likely to result by 2035 from the use of improved
vehicle technologies and fuels.
(b) Evaluate potential fiscal and other resource needs to
implement land use and transportation scenarios described in
paragraph (a) of this subsection, including staffing and
resources needed by state agencies, local governments and each
metropolitan planning organization.
(c) Evaluate impediments to implementing land use and
transportation scenarios that reduce greenhouse gas emissions.
(d) Recommend legislation to the interim Legislative Assembly
committees related to transportation and to the environment
establishing a process for adoption and implementation of plans
for reducing greenhouse gas emissions caused by motor vehicles
with a gross vehicle weight rating of 10,000 pounds or less by
2035, in an amount sufficient to meet the goals stated in ORS
468A.205, in each area of this state served by a metropolitan
planning organization, including a schedule for the planning
process and an estimate of funding required to complete the
planning process.
(3) A majority of the members of the task force constitutes a
quorum for the transaction of business.
(4) Official action by the task force requires the approval of
a majority of the members of the task force.
(5)(a) The President of the Senate and the Speaker of the House
of Representatives shall serve as cochairpersons of the task
force.
(b) The chairperson of the Oregon Transportation Commission and
the chairperson of the Land Conservation and Development
Commission shall serve as vice chairpersons of the task force.
(6) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
(7) The task force shall meet at times and places specified by
the call of the chairpersons.
(8) The task force may adopt rules necessary for the operation
of the task force.
(9) The task force shall submit a report with recommendations
for legislation to the interim legislative committees related to
transportation and to the environment and natural resources prior
to January 1, 2010.
(10) The Department of Transportation and the Department of
Land Conservation and Development shall provide staff support to
the task force. The Department of Transportation shall use
available federal flexible funds for the staffing and support of
the task force.
(11) Members of the task force who are not members of the
Legislative Assembly are not entitled to compensation, but may be
reimbursed for actual and necessary travel and other expenses
incurred by them in the performance of their official duties in
the manner and amounts provided for in ORS 292.495. Claims for
expenses incurred in performing functions of the task force shall
be paid out of funds appropriated to the Department of
Transportation for purposes of the task force.
(12) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties.
(13) For the purposes of this section, 'metropolitan planning
organization' means an organization located wholly within the
State of Oregon and designated by the Governor to coordinate
transportation planning in an urbanized area of the state
pursuant to 49 U.S.C. 5303(c). + }
SECTION 3. { + Section 2 of this 2009 Act is repealed on the
date of the convening of the next regular biennial legislative
session. + }
SECTION 4. { + 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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