68th OREGON LEGISLATIVE ASSEMBLY--1995 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 3890

                         Minority Report

                           B-Engrossed

                         House Bill 3448
                  Ordered by the Senate June 9
   Including House Amendments dated May 24 and Senate Minority
                             Report
                     Amendments dated June 9

Sponsored by nonconcurring members of the Senate Committee on
  Rules and Elections: Senators GOLD, SPRINGER


                             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.

    { - Modifies certain provisions relating to Portland
metropolitan area air quality maintenance plan. - }   { + Removes
requirement that Environmental Quality Commission incorporate
employer trip reduction program into air quality maintenance plan
for Portland area. + } Directs that Department of Environmental
Quality design and implement continuing public education program
to reduce emissions in Portland air quality maintenance area.
Requires that department, with Public Utility Commission, explore
potential for program to provide subsidies through regulated
utilities to replace gasoline-fueled lawn equipment in
maintenance area with zero emission equipment. { +  Directs
department to develop and submit to Sixty-ninth Legislative
Assembly proposal to implement mileage-based emission fees for
all motor vehicles subject to inspection program in Portland
area. + }
  Limits expenditures.

                        A BILL FOR AN ACT
Relating to Portland metropolitan area air quality maintenance
  plan; creating new provisions; amending ORS 468A.363; and
  limiting expenditures.
Be It Enacted by the People of the State of Oregon:
  **************************** SECTION 1. ORS 468A.363 is amended
to read:
  468A.363. The Legislative Assembly declares the purpose of ORS
468A.363, 468A.365, 468A.400 and 815.300 is to:
  (1) Insure that the health of citizens in the Portland area is
not threatened by recurring air pollution conditions.
  (2) Provide necessary authority to the Environmental Quality
Commission to implement one of the critical elements of the air
quality maintenance strategy for the Portland area related to
improvements in the motor vehicle inspection program.

  (3) Insure that the Department of Environmental Quality is able
to submit an approvable air quality maintenance plan for the
Portland area through the year 2006 to the  { + United States + }
Environmental Protection Agency as soon as possible so that area
can again be designated as an attainment area and impediments to
industrial growth imposed in the Clean Air Act can be removed.
  (4) Direct the Environmental Quality Commission to use existing
authority to incorporate the following programs for emission
reduction credits into the air quality maintenance plan for the
Portland area:
  (a) California or United States Environmental Protection Agency
emission standards for new lawn and garden equipment sold in the
Portland area.
  (b) Transportation-efficient land use requirements of the
transportation planning rule adopted by the Land Conservation and
Development Commission.
  (c) Improvements in the vehicle inspection program as
authorized in ORS 468A.350 to 468A.400, including emission
reduction from on-road vehicles resulting from enhanced testing,
elimination of exemptions for 1974 and later model year vehicles,
and expansion of inspection program boundaries.
    { - (d) An employer trip reduction program that provides an
emission reduction from on-road vehicles. - }
    { - (e) - }   { + (d) + } A parking ratio program that limits
the construction of new parking spaces for employment, retail and
commercial locations.
    { - (f) - }   { + (e) + } Emission reductions resulting from
any new federal motor vehicle fuel tax.
    { - (g) - }   { + (f) + } State and federal alternative fuel
vehicles fleet programs that result in emission reductions.
    { - (h) - }   { + (g) + } Installation of maximum achievable
control technology by major sources of hazardous air pollutants
as required by the Federal Clean Air Act, as amended, resulting
in emission reductions.
    { - (i) - }   { + (h) + } As a safety margin, or as a
substitute in whole or in part for other elements of the plan,
emission reductions resulting from any new state gasoline tax or
for any new vehicle registration fee that allows use of revenue
for air quality improvement purposes.
  **************************** SECTION 2.  { + Section 3 of this
Act is added to and made a part of ORS chapter 468A. + }
  **************************** SECTION 3.  { + The Department of
Environmental Quality shall:
  (1) Design and implement a comprehensive and continuing public
education program to reduce mobile and area source emissions in
the Portland air quality maintenance area;
  (2) Develop methodology to quantify emission reductions
achieved through the public education program; and
  (3) Encourage the United States Environmental Protection Agency
to provide appropriate emission reduction credits for the
program. + }
  **************************** SECTION 4.  { + In conjunction
with the Public Utility Commission, the Department of
Environmental Quality shall explore the potential for
establishing a program to provide subsidies through regulated
utilities to replace gasoline-fueled lawn and garden equipment in
the Portland air quality maintenance area with zero emission
equipment or any other similar program to reduce emissions. + }
  **************************** SECTION 5.  { + The Department of
Environmental Quality shall develop and submit to the Sixty-ninth
Legislative Assembly a proposal to implement mileage-based
emission fees for all motor vehicles subject to the vehicle
inspection program in the Portland area as designated in ORS
815.300 (2)(a). + }
  **************************** SECTION 6.  { + Notwithstanding
any other law, the amount of $1 is established for the biennium
beginning July 1, 1995, as the maximum limit for payment of
expenses incurred in carrying out section 3 of this Act from
fees, moneys or other revenues, including Miscellaneous Receipts,
including federal funds, collected or received by the Department
of Environmental Quality. + }
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