75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2186
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Environmental Quality)
CHAPTER ................
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) 'Greenhouse gas' has the meaning given that term in ORS
468A.210.
(b) 'Heavy-duty truck' has the meaning given that term in ORS
468A.795.
(c) 'Medium-duty truck' has the meaning given that term in ORS
468A.795.
(d) 'Return on investment' means:
(A) 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 any potential requirements under this
section are recouped in fuel savings within three years of the
owner's or operator's expenditure of the initial capital costs.
(2)(a) The Department of Environmental Quality shall conduct a
study of potential requirements regarding the maintenance or
retrofitting of medium-duty trucks and heavy-duty trucks in order
to reduce aerodynamic drag and otherwise reduce greenhouse gas
emissions from those trucks. In conducting the study, the
department shall evaluate:
(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;
(D) Implementation according to a phased-in schedule taking
into account fleet size;
(E) The feasibility of requiring sellers of medium-duty trucks
and heavy-duty trucks to disclose to buyers the existence of
applicable greenhouse gas emissions reduction requirements; and
(F) The feasibility of providing economic hardship exemptions
and deferrals for owners and operators of trucks, after
considering 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 any potential requirements.
Enrolled House Bill 2186 (HB 2186-C) Page 1
(b) As part of the study under this section, the department
shall also study potential restrictions on engine use by parked
commercial vehicles, including but not limited to medium-duty
trucks and heavy-duty trucks.
(3) In conducting the study under this section, the department
shall consult with relevant stakeholders.
(4) The department shall submit a report of its study, and
shall include recommendations for legislation, to the interim
legislative committees on environment and natural resources on or
before October 1, 2010. + }
SECTION 2. { + Section 3 of this 2009 Act is added to and made
a part of ORS chapter 468A. + }
SECTION 3. { + (1) As used in this section:
(a) 'Greenhouse gas' has the meaning given that term in ORS
468A.210.
(b) 'Motor vehicle' has the meaning given that term in ORS
801.360.
(2) The Environmental Quality Commission may adopt by rule
standards and requirements described in this section to reduce
greenhouse gas emissions.
(3)(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.
(b) Before adopting requirements under this section, the
commission shall consider the antitampering requirements and
exemptions of the State of California.
(4) 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.
(5) The commission may adopt restrictions on engine use by
commercial ships while at port, and requirements that 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 emergencies and other considerations as determined
by the commission; and
(c) The requirements 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.
(6) In adopting rules under this section, the commission shall
evaluate:
(a) Safety, feasibility, net reduction of greenhouse gas
emissions and cost-effectiveness;
(b) 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;
(c) Flexible implementation approaches to minimize compliance
costs; and
Enrolled House Bill 2186 (HB 2186-C) Page 2
(d) Technical and economic studies of comparable greenhouse gas
emissions reduction measures implemented in other states and any
other studies as determined by the commission.
(7) The provisions of this section do not apply to:
(a) Motor vehicles registered as farm vehicles under the
provisions of ORS 805.300.
(b) Farm tractors, as defined in ORS 801.265.
(c) Implements of husbandry, as defined in ORS 801.310.
(d) Motor trucks, as defined in ORS 801.355, used primarily to
transport logs. + }
SECTION 4. { + Except as provided in section 5 of this 2009
Act, section 3 of this 2009 Act becomes operative on January 1,
2011. + }
SECTION 5. { + The Environmental Quality Commission may adopt
rules before the operative date specified in section 4 of this
2009 Act or take any action before the operative date specified
in section 4 of this 2009 Act that is necessary to carry out the
provisions of section 3 of this 2009 Act. Any rules adopted by
the commission under this section do not become operative until
on or after January 1, 2011. + }
SECTION 6. { + (1) As used in this section:
(a) 'Greenhouse gas' has the meaning given that term in ORS
468A.210.
(b) 'Low carbon fuel standards' means standards for the
reduction of greenhouse gas emissions, on average, per unit of
fuel energy.
(c) 'Motor vehicle' has the meaning given that term in ORS
801.360.
(d) 'PADD 5 region' means the Petroleum Administration for
Defense District 5 states of Arizona, Nevada, Oregon and
Washington.
(2)(a) The Environmental Quality Commission may adopt by rule
low carbon fuel standards for gasoline, diesel and fuels used as
substitutes 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
Enrolled House Bill 2186 (HB 2186-C) Page 3
administrative rules adopted by the State Department of
Agriculture for motor fuel quality; and
(G) Adjustments to the amounts of greenhouse gas emissions per
unit of fuel energy assigned to fuels for combustion and drive
train efficiency.
(c) Before adopting standards under this section, the
commission shall consider the low carbon fuel standards of other
states, including but not limited to Washington, for the purpose
of determining schedules and goals 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.
(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 is
not competitive with the 12-month rolling weighted average price
in the PADD 5 region.
(3) In adopting rules under this section, the Environmental
Quality Commission shall evaluate:
(a) Safety, feasibility, net reduction of greenhouse gas
emissions and cost-effectiveness;
(b) 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;
(c) Flexible implementation approaches to minimize compliance
costs; and
(d) Technical and economic studies of comparable greenhouse gas
emissions reduction measures implemented in other states and any
other studies as determined by the commission.
(4) The provisions of this section do not apply to:
(a) Motor vehicles registered as farm vehicles under the
provisions of ORS 805.300.
(b) Farm tractors, as defined in ORS 801.265.
(c) Implements of husbandry, as defined in ORS 801.310.
(d) Motor trucks, as defined in ORS 801.355, used primarily to
transport logs. + }
SECTION 7. { + (1) Except as provided in subsection (2) of
this section, section 6 of this 2009 Act becomes operative on
July 1, 2011.
(2) The Environmental Quality Commission may adopt rules before
the operative date specified in subsection (1) of this section or
take any action before the operative date specified in subsection
(1) of this section that is necessary to carry out the provisions
of section 6 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 8. { + Sections 6 and 7 of this 2009 Act are repealed
on December 31, 2015. + }
SECTION 9. { + (1) The Department of Environmental Quality
shall report on the implementation of sections 3 and 6 of this
2009 Act to:
(a) The interim legislative committees on environment 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 6 of this 2009 Act;
Enrolled House Bill 2186 (HB 2186-C) Page 4
(b) The manner in which the Environmental Quality Commission
complied with the requirements of sections 3 and 6 of this 2009
Act in adopting the rules;
(c) Significant policy decisions made by the commission in
adopting rules under section 3 of this 2009 Act; and
(d) The anticipated effects of the December 31, 2015, repeal of
sections 6 and 7 of this 2009 Act on the availability of low
carbon fuels and the development of biofuels production
facilities and electric vehicle infrastructure in Oregon. + }
SECTION 10. { + (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.
Enrolled House Bill 2186 (HB 2186-C) Page 5
(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 11. { + Section 10 of this 2009 Act is repealed on the
date of the convening of the next regular biennial legislative
session. + }
SECTION 12. { + 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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Enrolled House Bill 2186 (HB 2186-C) Page 6
Passed by House May 8, 2009
Repassed by House June 25, 2009
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Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 24, 2009
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President of Senate
Enrolled House Bill 2186 (HB 2186-C) Page 7
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2186 (HB 2186-C) Page 8