75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to A-Eng. HB 3463
 
LC 3670/HB 3463-A13
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 3463
 
        By COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES
 
                             June 3
 
  On page 1 of the printed A-engrossed bill, after line 3,
insert:
  ' The Legislative Assembly finds that:
  ' (1) The technology to produce other renewable diesel is not
fully developed, approval of other renewable diesel as a
registered fuel by the United States Environmental Protection
Agency has been obtained in only one state and production of
other renewable diesel for general market consumption is not
occurring in Oregon or any other state at the present time.
  ' (2) Appropriate definitions and standards for the production
and use of other renewable diesel have not been fully ascertained
or established.
  ' (3) The efficiencies and consequences of producing and using
diesel fuel that contains other renewable diesel are unknown and
remain to be identified on a national level.
  ' (4) It would be premature for Oregon to attempt to regulate
other renewable diesel given the lack of technology and standards
for the production and use of other renewable diesel. Given the
interest in other renewable diesel, it is anticipated that a
market for, and the means for production of, other renewable
diesel will be established within the next two years, at which
time Oregon may adopt appropriate regulations of other renewable
diesel.
  ' (5) It would not serve the interests of encouraging the
development of a market and the means for production of other
renewable diesel to implement a ban or prohibition on other
renewable diesel; therefore it is the policy of this state to
neither regulate nor prohibit the production, sale or use of
other renewable diesel, whether produced in Oregon or another
state, until after January 2, 2012.
  ' (6) The technology and standardization for production, use
and sale of biodiesel fuel currently exists to a commercially
viable degree in Oregon and elsewhere.
  ' (7) Given the current state of the market for and the means
to produce biodiesel fuel, it is a legitimate and appropriate
exercise of Oregon's police powers to regulate the production,
use and sale of biodiesel fuel in this state.'.
  On page 2, line 23, after '(2)' insert 'and after the dates
specified in ORS 646.921 (2)(a) and (b)'.
  On page 4, delete lines 29 through 45 and insert:
  '  { +  SECTION 6. + } ORS 646.922, as amended by section 2 of
this 2009 Act, is amended to read:
  ' 646.922. (1) Upon receipt of the notice given under ORS
646.921 (2) and after the dates specified in ORS 646.921 (2)(a)
and (b), a retail dealer, nonretail dealer or wholesale dealer
may not sell or offer for sale diesel fuel unless the diesel fuel
contains at least two percent biodiesel by volume { +  or other
renewable diesel with at least two percent renewable component by
volume + }.
 
  ' (2) Two months after the date of the notice given under ORS
646.921 (3), a retail dealer, nonretail dealer or wholesale
dealer may not sell or offer for sale diesel fuel unless the
diesel fuel contains at least five percent biodiesel by
volume { +  or other renewable diesel with at least five percent
renewable component by volume + }. Diesel fuel containing more
than five percent biodiesel by volume  { + or other renewable
diesel with more than five percent renewable component by
volume + } must be labeled as provided by the State Department of
Agriculture by rule.
  ' (3) The department shall adopt standards for biodiesel
 { + or other renewable diesel + } sold in this state. The
department shall consult the specifications established for
biodiesel  { + or other renewable diesel + } by ASTM
International in forming its standards.  The department may
review specifications adopted by ASTM International, or
equivalent organizations, and revise the standards adopted
pursuant to this subsection as necessary.
  ' (4) The minimum biodiesel fuel content  { + or renewable
component in other renewable diesel + } requirements under
subsections (1) and (2) of this section do not apply to diesel
fuel sold or offered for sale for use by railroad locomotives,
marine engines or home heating.'.
  On page 5, delete lines 1 and 2.
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