Chapter 907
AN ACT
HB 3543
Relating to climate change; appropriating money; and declaring an
emergency.
Be It Enacted by the People of
the State of
LEGISLATIVE FINDINGS
SECTION 1. The Legislative Assembly finds that:
(1) In December 2004 the
Governor’s Advisory Group on Global Warming issued its report calling for
immediate and significant action to address global warming, to reduce Oregon’s
exposure to the risks of global warming and to begin to prepare for the effects
of global warming. The advisory group also identified 46 specific
recommendations for measurable reductions in the state’s greenhouse gas
emissions.
(2) In partnership with
the Governor’s advisory group, 50 scientists signed the “Scientific Consensus
Statement on the Likely Impacts of Climate Change on the Pacific Northwest,”
which examined the potential effects of climate change on temperature,
precipitation, sea level, marine ecosystems and terrestrial ecosystems. The
scientists recommended additional, improved scientific studies and modeling of
the effects of climate change on the atmosphere, oceans and land, as well as
modeling of the effects of economic and management policies.
(3) Global warming poses
a serious threat to the economic well-being, public health, natural resources
and environment of
(4)
(5)
(6) Global warming will
have detrimental effects on many of
(7) There is a need to
assess the current level of greenhouse gas emissions in Oregon, to monitor the
trend of greenhouse gas emissions in Oregon over the next several decades and
to take necessary action to begin reducing greenhouse gas emissions in order to
prevent disruption of Oregon’s economy and quality of life and to meet Oregon’s
responsibility to reduce the impacts and the pace of global warming.
(8)
(9) Actions to reduce
greenhouse gas emissions will reduce Oregon’s reliance on foreign sources of
energy, lead to the development of technology, attract new businesses to Oregon
and increase energy efficiency throughout the state, resulting in benefits to
the economy and to individual businesses and residents.
(10) In devising
measures to achieve reduction of greenhouse gas emissions,
(11) Policies pursued,
and actions taken, by
(a) In concert with
complementary policies and actions by other states and the federal government,
substantially reduce the global levels of greenhouse gas emissions and the
impacts of those emissions;
(b) Encourage similar
policies and actions by various stakeholders;
(c) Inform and shape
national policies and actions in ways that are advantageous to
(d) Directly benefit the
state and local governments, businesses and residents.
GREENHOUSE GAS EMISSIONS
REDUCTION GOALS
SECTION 2. (1) The Legislative Assembly declares that
it is the policy of this state to reduce greenhouse gas emissions in
(a) By 2010, arrest the
growth of
(b) By 2020, achieve
greenhouse gas levels that are 10 percent below 1990 levels.
(c) By 2050, achieve
greenhouse gas levels that are at least 75 percent below 1990 levels.
(2) The Legislative
Assembly declares that it is the policy of this state for state and local
governments, businesses, nonprofit organizations and individual residents to
prepare for the effects of global warming and by doing so, prevent and reduce
the social, economic and environmental effects of global warming.
(3) This section does
not create any additional regulatory authority for an agency of the executive
department as defined in ORS 174.112.
DEFINITIONS
SECTION 3. As used in sections 1 to 15 of this 2007
Act:
(1) “Global warming”
means an increase in the average temperature of the earth’s atmosphere that is
associated with the release of greenhouse gases.
(2) “Greenhouse gas”
means any gas that contributes to anthropogenic global warming including, but
not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons,
perfluorocarbons and sulfur hexafluoride.
(3) “Greenhouse gas
cap-and-trade system” means a system that:
(a) Establishes a total
cap on greenhouse gas emissions from an identified group of emitters;
(b) Establishes a market
for allowances that represent emissions; and
(c)
Allows trading of allowances among greenhouse gas emitters.
SECTION 4. (1) There is created the
(2) Members of the
commission appointed under this section shall be appointed so as to be
representative of the social, environmental, cultural and economic diversity of
the state and to be representative of the policy, science, education and
implementation elements of the efforts to reduce greenhouse gas emissions and
to prepare Oregon for the effects of global warming. Of the members appointed
by the Governor under this section:
(a) One member shall
have significant experience in manufacturing;
(b) One member shall
have significant experience in energy;
(c) One member shall
have significant experience in transportation;
(d) One member shall
have significant experience in forestry;
(e) One member shall
have significant experience in agriculture; and
(f) One member shall
have significant experience in environmental policy.
(3) The Governor shall
select a chairperson and a vice chairperson from among the members appointed
under this section.
(4) The term of office
of a member appointed under this section is four years. Before the expiration
of the term of a member, the Governor shall appoint a successor whose term
begins on January 31 next following. A member appointed under this section is
eligible for reappointment. In case of vacancy for any cause, the Governor
shall make an appointment to become immediately effective for the unexpired
term.
(5) The members of the
commission appointed under this section must be residents of this state.
Failure of a member to maintain compliance with the eligibility requirements
related to the member’s appointment shall result in disqualification from
serving on the commission.
(6) Voting members of
the commission appointed under this section are entitled to expenses as
provided in ORS 292.495 (2).
SECTION 5. (1) In addition to the members appointed
under section 4 of this 2007 Act, the
(a) The Director of the
State Department of Energy;
(b) The Director of
Transportation;
(c) The chairperson of
the Public Utility Commission of
(d) The Director of the
Department of Environmental Quality;
(e) The Director of
Agriculture;
(f) The State Forester;
(g) The Water Resources
Director; and
(h) Three additional ex
officio nonvoting members, each from a state agency or an academic institution.
(2) The following
representatives of the Legislative Assembly also shall serve as ex officio
nonvoting members:
(a) Two members of the
Senate, not from the same political party, appointed by the President of the
Senate; and
(b) Two members of the
House of Representatives, not from the same political party, appointed by the
Speaker of the House of Representatives.
(3) Each legislative
member serves at the pleasure of the appointing authority and may serve so long
as the member remains in the chamber of the Legislative Assembly from which the
member was appointed.
SECTION 6. Notwithstanding the term of office specified
by section 4 of this 2007 Act, of the members first appointed to the
(1) Three shall serve
for terms ending January 1, 2009.
(2) Three shall serve
for terms ending January 1, 2010.
(3) Three shall serve
for terms ending January 1, 2011.
(4) Two shall serve for
terms ending July 1, 2011.
SECTION 7. (1) A majority of the members of the
(2) The commission shall
meet at times and places specified by a majority of the members of the
commission.
(3) The State Department
of Energy shall provide clerical, technical and management personnel to serve
the commission. Other agencies shall provide support as requested by the
department or the commission.
SECTION 8. The
SECTION 9. The Oregon Global Warming Commission shall
recommend ways to coordinate state and local efforts to reduce greenhouse gas
emissions in Oregon consistent with the greenhouse gas emissions reduction
goals established by section 2 of this 2007 Act and shall recommend efforts to
help Oregon prepare for the effects of global warming. The Office of the
Governor and state agencies working on multistate and regional efforts to
reduce greenhouse gas emissions shall inform the commission about these efforts
and shall consider input from the commission for such efforts.
SECTION 10. (1) In furtherance of the greenhouse gas
emissions reduction goals established by section 2 of this 2007 Act, the Oregon
Global Warming Commission may recommend statutory and administrative changes,
policy measures and other recommendations to be carried out by state and local
governments, businesses, nonprofit organizations or residents. In developing
its recommendations, the commission shall consider economic, environmental,
health and social costs, and the risks and benefits of alternative strategies,
including least-cost options. The commission shall solicit and consider public
comment relating to statutory, administrative or policy recommendations.
(2) The commission shall
examine greenhouse gas cap-and-trade systems, including a statewide and
multistate carbon cap-and-trade system and market-based mechanisms, as a means
of achieving the greenhouse gas emissions reduction goals established by
section 2 of this 2007 Act.
(3) The commission shall
examine possible funding mechanisms to obtain low-cost greenhouse gas emissions
reductions and energy efficiency enhancements, including but not limited to
those in the natural gas industry.
SECTION 11. The Oregon Global Warming Commission shall
develop an outreach strategy to educate Oregonians about the scientific aspects
and economic impacts of global warming and to inform Oregonians of ways to
reduce greenhouse gas emissions and ways to prepare for the effects of global
warming. The commission, at a minimum, shall work with state and local
governments, the State Department of Energy, the Department of Education, the State Board of Higher Education and businesses to
implement the outreach strategy.
SECTION 12. (1) The
(a) Economic,
environmental, health and social assessments of global warming impacts on
(b) Existing greenhouse
gas emissions reduction policies and measures;
(c) Economic,
environmental, health and social costs, and the risks and benefits of
alternative strategies, including least-cost options;
(d) The physical science
of global warming;
(e) Progress toward the
greenhouse gas emissions reduction goals established by section 2 of this 2007
Act;
(f) Greenhouse gases
emitted by various sectors of the state economy, including but not limited to
industrial, transportation and utility sectors;
(g) Technological
progress on sources of energy the use of which generates no or low greenhouse
gas emissions and methods for carbon sequestration;
(h) Efforts to identify
the greenhouse gas emissions attributable to the residential and commercial
building sectors;
(i) The carbon
sequestration potential of Oregon’s forests, alternative methods of forest
management that can increase carbon sequestration and reduce the loss of carbon
sequestration to wildfire, changes in the mortality and distribution of tree
and other plant species and the extent to which carbon is stored in tree-based
building materials;
(j) The advancement of
regional, national and international policies to reduce greenhouse gas
emissions;
(k) Local and regional
efforts to prepare for the effects of global warming; and
(L) Any other
information, policies or analyses that the commission determines will aid in
the achievement of the greenhouse gas emissions reduction goals established by
section 2 of this 2007 Act.
(2) The commission
shall:
(a) Work with the State
Department of Energy and the Department of Environmental Quality to evaluate
all gases with the potential to be greenhouse gases and to determine a carbon
dioxide equivalency for those gases; and
(b) Use regional and
national baseline studies of building performance to identify incremental
targets for the reduction of greenhouse gas emissions attributable to
residential and commercial building construction and operations.
SECTION 13. The
SECTION 14. The Oregon Global Warming Commission shall
submit a report to the Legislative Assembly, in the manner provided by ORS
192.245, by March 31 of each odd-numbered year that describes Oregon’s progress
toward achievement of the greenhouse gas emissions reduction goals established
by section 2 of this 2007 Act. The report may include relevant issues and
trends of significance, including trends of greenhouse gas emissions, emerging
public policy and technological advances. The report also may discuss measures
the state may adopt to mitigate the impacts of global warming on the
environment, the economy and the residents of
RESEARCH INSTITUTE
SECTION 15. (1) There is created within the Department
of Higher Education the Oregon Climate Change Research Institute. The institute
shall be administered by
(2) The purpose of the
Oregon Climate Change Research Institute is to:
(a) Facilitate research
by
(b) Serve as a
clearinghouse for climate change information;
(c) Provide climate
change information to the public in integrated and accessible formats;
(d) Support the Oregon
Global Warming Commission in developing strategies to prepare for and to
mitigate the effects of climate change on natural and human systems; and
(e) Provide technical
assistance to local governments to assist them in developing climate change
policies, practices and programs.
(3) The Oregon Climate
Change Research Institute shall assess, at least once each biennium, the state
of climate change science, including biological, physical and social science,
as it relates to
(4) State agencies may
contract with the Oregon Climate Change Research Institute to fulfill agency
needs regarding the collection, storage, integration, analysis, dissemination
and monitoring of climate change information, research and training.
APPROPRIATIONS
SECTION 16. In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of Higher Education, for
the biennium beginning July 1, 2007, out of the General Fund, the amount of
$180,000 for the purpose of the Oregon Climate Change Research Institute
created by section 15 of this 2007 Act.
MISCELLANEOUS
SECTION 17. The unit captions used in this 2007 Act are
provided only for the convenience of the reader and do not become part of the
statutory law of this state or express any legislative intent in the enactment
of this 2007 Act.
SECTION 18. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor August 7, 2007
Filed in the office of Secretary of State August 8, 2007
Effective date August 7, 2007
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