75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 38
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Environment and Natural Resources)
CHAPTER ................
AN ACT
Relating to climate change; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2009 Act is added to and made
a part of ORS chapter 468A. + }
SECTION 2. { + (1) In addition to any registration and
reporting that may be required under ORS 468A.050, the
Environmental Quality Commission by rule may require registration
and reporting by:
(a) Any person who imports, sells, allocates or distributes for
use in this state electricity, the generation of which emits
greenhouse gases.
(b) Any person who imports, sells or distributes for use in
this state fossil fuel that generates greenhouse gases when
combusted.
(2) Rules adopted by the commission under this section for
electricity that is imported, sold, allocated or distributed for
use in this state may require reporting of information necessary
to determine greenhouse gas emissions from generating facilities
used to produce the electricity and related electricity
transmission line losses.
(3)(a) The commission shall allow consumer-owned utilities, as
defined in ORS 757.270, to comply with reporting requirements
imposed under this section by the submission of a report prepared
by a third party. A report submitted under this paragraph may
include information for more than one consumer-owned utility, but
must include all information required by the commission for each
individual utility.
(b) For the purpose of determining greenhouse gas emissions
related to electricity purchased from the Bonneville Power
Administration by a consumer-owned utility, as defined in ORS
757.270, the commission may require only that the utility report:
(A) The number of megawatt-hours of electricity purchased by
the utility from the Bonneville Power Administration, segregated
by the types of contracts entered into by the utility with the
Bonneville Power Administration; and
(B) The percentage of each fuel or energy type used to produce
electricity purchased under each type of contract.
Enrolled Senate Bill 38 (SB 38-B) Page 1
(4)(a) Rules adopted by the commission pursuant to this section
for electricity that is purchased, imported, sold, allocated or
distributed for use in this state by an electric company, as
defined in ORS 757.600, must be limited to the reporting of:
(A) Greenhouse gas emissions emitted from generating facilities
owned or operated by the electric company;
(B) Greenhouse gas emissions emitted from transmission
equipment owned or operated by the electric company;
(C) The number of megawatt-hours of electricity purchased by
the electric company for use in this state, including
information, if known, on:
(i) The seller of the electricity to the electric company; and
(ii) The original generating facility fuel type or types; and
(D) An estimate of the amount of greenhouse gas emissions,
using default greenhouse gas emissions factors established by the
commission by rule, attributable to:
(i) Electricity purchases made by a particular seller to the
electric company;
(ii) Electricity purchases from an unknown origin or from a
seller who is unable to identify the original generating facility
fuel type or types;
(iii) Electricity purchases for which a renewable energy
certificate under ORS 469A.130 has been issued but subsequently
transferred or sold to a person other than the electric company;
(iv) Electricity transmitted for others by the electric
company; and
(v) Total energy losses from electricity transmission and
distribution equipment owned or operated by the electric company.
(b) Pursuant to paragraph (a) of this subsection, a
multijurisdictional electric company may rely upon a cost
allocation methodology approved by the Public Utility Commission
for reporting emissions allocated in this state.
(5) Rules adopted by the commission under this section for
fossil fuel that is imported, sold or distributed for use in this
state may require reporting of the type and quantity of the fuel
and any additional information necessary to determine the carbon
content of the fuel. For the purpose of determining greenhouse
gas emissions related to liquefied petroleum gas, the commission
shall allow reporting using publications or submission of data by
the American Petroleum Institute but may require reporting of
such other information necessary to achieve the purposes of the
rules adopted by the commission under this section.
(6) To an extent that is consistent with the purposes of the
rules adopted by the commission under this section, the
commission shall minimize the burden of the reporting required
under this section by:
(a) Allowing concurrent reporting of information that is also
reported to another state agency;
(b) Allowing electronic reporting;
(c) Allowing use of good engineering practice calculations in
reports, or of emission factors published by the United States
Environmental Protection Agency;
(d) Establishing thresholds for the amount of specific
greenhouse gases that may be emitted or generated without
reporting;
(e) Requiring reporting by the fewest number of persons in a
fuel distribution system that will allow the commission to
acquire the information needed by the commission; or
(f) Other appropriate means and procedures determined by the
commission.
Enrolled Senate Bill 38 (SB 38-B) Page 2
(7) As used in this section, 'greenhouse gas' has the meaning
given that term in ORS 468A.210. + }
SECTION 3. { + The Department of Environmental Quality shall
evaluate the funding mechanism for developing and implementing
the greenhouse gas reporting program established under ORS
468A.050 and section 2 of this 2009 Act, including whether a
schedule of fees should be established for persons required to
report under section 2 of this 2009 Act. The department shall
report to the Seventy-sixth Legislative Assembly, or to any
special session of the Seventy-fifth Legislative Assembly, in the
manner provided by ORS 192.245. + }
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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Passed by Senate May 5, 2009
Repassed by Senate June 24, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 10, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 38 (SB 38-B) Page 3
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 38 (SB 38-B) Page 4