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 1372
 
                         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)
 
 
                             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 as
introduced.
 
  Allows Environmental Quality Commission to require registration
and reporting by persons who import, sell or distribute for use
in this state electricity or fossil fuels.  Directs commission to
minimize burden of reporting to extent consistent with purposes
of commission rules.
  Declares emergency, effective on passage.
 
                        A BILL FOR 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 or distributes for use in
this state electricity, the generation of which emits greenhouse
gases; or
  (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 or distributed for use in this
state may require reporting of information necessary to determine
greenhouse gas emissions from generating facilities and
transmission equipment that are used to produce and transmit the
electricity.
  (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.
  (4) 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.
  (5) 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.
  (6) For purposes of this section, 'greenhouse gas' has the
meaning given that term in ORS 468A.210. + }
  SECTION 3.  { + 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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