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 1718
Senate Bill 513
Sponsored by Senator DEVLIN; Senator ATKINSON, Representatives
GARRETT, GILLIAM
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.
Establishes policy regarding ecosystem services. Makes
legislative findings regarding ecosystem services. Encourages
state agencies to take certain actions related to ecosystem
services and ecosystem services markets.
Requires Sustainability Board to convene ecosystem working
group. Sunsets working group on date of convening of next regular
biennial legislative session.
Appropriates moneys from General Fund to Sustainability Board
for purpose of ecosystem working group.
A BILL FOR AN ACT
Relating to ecosystems; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 5 of this 2009 Act:
(1) 'Adaptive management mechanisms' means the processes of
implementing programs in a scientifically based, systematically
structured approach that tests and monitors assumptions and
predictions in management activities and then uses the resulting
information to improve programs and management activities.
(2) 'Ecological values' means clean air, clean and abundant
water, fish and wildlife habitat and other values that are
generally considered public goods.
(3) 'Ecosystem market' means a system in which providers of
ecosystem services can access financing to protect, restore and
maintain ecological values.
(4) 'Ecosystem services' means the benefits that human
communities enjoy as a result of natural processes and biological
diversity.
(5) 'Ecosystem services markets' means the full spectrum of
regulatory, quasi-regulatory and voluntary mitigation markets.
(6) 'Payment for ecosystem services' means arrangements through
which the beneficiaries of ecosystem services pay back the
providers of ecosystem services. + }
SECTION 2. { + It is the policy of this state to support the
maintenance, enhancement and restoration of ecosystem services
throughout Oregon, focusing on the protection of land, water,
air, soil and native flora and fauna. + }
SECTION 3. { + The Legislative Assembly finds that:
(1) Maintaining sustainable rural and urban landscapes is
important for the quality of life of all Oregonians. Sustainable
forestry, agriculture and ranching practices can help to maintain
and restore the vitality of Oregon's communities while also
helping to preserve Oregon's natural landscapes and ecosystems.
It is necessary to assist landowners in gaining access to
additional sources of revenue such as emerging ecosystem services
markets and to help landowners diversify their incomes, improve
the ecological functions of their lands and pass along their
lands and the lands' associated benefits to future generations.
(2) Employment and economic opportunities are important to
Oregonians in order to maintain a high quality of life and
prosperity. A scarcity of land that is available for development
is a significant limiting factor in some regions of Oregon.
Oregon needs a system that will direct development in suitable
locations and ensure that ecological conditions improve.
(3) Many different local, state and federal agencies and the
private sector have obligations to protect natural resources, to
regulate the use of natural resources and to promote economic
development while also minimizing adverse impacts to natural
resources. However, these efforts are generally fragmented,
uncoordinated and often work at cross-purposes.
(4) Oregon's natural resources, and the ways these natural
resources are used, are important to Oregonians. These natural
resources include native flora and fauna. These natural resources
provide food and shelter, flood control, water filtration, clean
air, fish and wildlife habitat, recreational opportunities,
aesthetic benefits, jobs and a high quality of life for all
Oregonians. Science has demonstrated the importance of these
natural resources to our daily lives. Science has also shown that
many natural resources have been degraded in the past and
continue to deteriorate in ways which humankind is only beginning
to understand. The adverse impacts of climate change may stress
some natural resources to the point that they are no longer
viable. It is necessary to improve the overall health of our
natural resources in order to maintain these resources for
present and future generations.
(5) The conservation and restoration of ecosystem services will
help address impacts associated with climate change and help
natural resources adapt to these impacts. New or improved
regulatory schemes and increased public awareness will make
additional natural resources available to protect and enhance
ecosystem services. Oregon has the opportunity to become a leader
in developing and improving the ecological effectiveness and
economic viability of payments for ecosystem services. + }
SECTION 4. { + (1) State agencies are encouraged to adopt and
incorporate adaptive management mechanisms in their programs in
order to support the maintenance, restoration and enhancement of
ecosystem services.
(2) State agencies are encouraged to use ecosystem services
markets as a means to meet mitigation needs, after carefully
avoiding the most sensitive resources and minimizing adverse
impacts where development occurs. When a state agency adopts a
strategy or a decision that calls for the mitigation of
potentially adverse environmental consequences, the state agency
must consider mitigation strategies that recognize the need for
biological connectivity and appropriate mitigation. + }
SECTION 5. { + (1)(a) The Sustainability Board shall convene
an ecosystems working group consisting of representatives of
local and state agencies, and representatives of other parties
including but not limited to federal agencies, Indian tribes, the
private sector, developers and landowners and conservation
organizations.
(b) Representatives chosen from the parties specified in
paragraph (a) of this subsection must be active in improving the
ecological effectiveness of ecosystem services markets.
(2) The ecosystems working group shall:
(a) Study and propose overarching goals to guide the
development of ecosystem services markets in Oregon;
(b) Address entities that would be most appropriate to guide,
facilitate and implement an ecosystem market in Oregon;
(c) Address the need for a consistent methodology to describe
and quantify ecological values and in doing so consider
methodologies that have been developed or are in the process of
being developed;
(d) Make recommendations concerning the development of
appropriate ecological evaluation and accounting systems;
(e) Consider the appropriate role of government participation
in ecosystem services markets in order to ensure that state
agencies maintain a positive influence in maximizing ecological,
social and economic benefits for the public and private sector;
and
(f) Propose potential policies to help stimulate demand for
payments for ecosystem services, in particular the development of
regulatory and voluntary ecosystem services markets.
(3) No later than January 1, 2011, the Sustainability Board
shall submit a report regarding its work conducted under this
section, and may include recommendations for legislation, to the
Legislative Assembly in the manner provided by ORS 192.245.
(4) The Sustainability Board may contract with the Institute
for Natural Resources of Oregon State University to carry out the
provisions of this section. + }
SECTION 6. { + Section 5 of this 2009 Act is repealed on the
date of the convening of the next regular biennial legislative
session. + }
SECTION 7. { + (1) There is appropriated to the Sustainability
Board, for the biennium beginning July 1, 2009, out of the
General Fund, the amount of $250,000 for the purpose of carrying
out the provisions of section 5 of this 2009 Act.
(2) Notwithstanding ORS 184.435 (2), any moneys appropriated by
subsection (1) of this section that are unexpended and
unobligated on June 30, 2011, shall revert to the General Fund
and be available for general governmental expenses. + }
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