Bill Text: OR HB2005 | 2011 | Regular Session | Introduced
Bill Title: Relating to low carbon fuel standards; declaring an emergency.
Sponsorship: Slight Partisan Bill (Republican 5-3)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2005 Detail]
Download: Oregon-2011-HB2005-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 3960
House Bill 2005
Sponsored by Representatives GILLIAM, SCHAUFLER; Representatives
BARKER, BEYER, KENNEMER, KRIEGER, SHEEHAN, THOMPSON
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.
Provides that Environmental Quality Commission may not adopt by
rule low carbon fuel standards. Provides that commission may
submit report to Legislative Assembly with recommendations for
legislation related to low carbon fuel standards.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to low carbon fuel standards; amending sections 6, 8 and
9, chapter 754, Oregon Laws 2009; repealing section 7, chapter
754, Oregon Laws 2009; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 6, chapter 754, Oregon Laws 2009, is amended
to read:
{ + Sec. 6. + } (1) As used in this section:
(a) 'Greenhouse gas' has the meaning given that term in ORS
468A.210.
(b) 'Low carbon fuel standards' means standards for the
reduction of greenhouse gas emissions, on average, per unit of
fuel energy.
(c) 'Motor vehicle' has the meaning given that term in ORS
801.360.
(d) 'PADD 5 region' means the Petroleum Administration for
Defense District 5 states of Arizona, Nevada, Oregon and
Washington.
(2)(a) The Environmental Quality Commission may { + not + }
adopt by rule low carbon fuel standards for gasoline, diesel and
fuels used as substitutes for gasoline or diesel.
(b) The commission may { - adopt the following related to the
standards, including but not limited to: - } { + report to the
Seventy-eighth Legislative Assembly not later than the date of
convening of the 2015 regular session of the Legislative Assembly
as specified in ORS 171.010. A report submitted under this
section shall contain recommendations for legislation related to
low carbon fuel standards for gasoline, diesel and fuels used as
substitutes for gasoline or diesel. The recommendations may
include, but are not limited to: + }
(A) A schedule to phase in implementation of { - the - }
{ + low carbon fuel + } standards in a manner that reduces the
average amount of greenhouse gas emissions per unit of fuel
energy of the fuels by 10 percent below 2010 levels by the year
{ - 2020 - } { + 2022 + };
(B) Standards for greenhouse gas emissions attributable to the
fuels throughout their lifecycles, including but not limited to
emissions from the production, storage, transportation and
combustion of the fuels and from changes in land use associated
with the fuels;
(C) Provisions { - allowing - } { + that would allow + }
the use of all types of low carbon fuels to meet { - the - }
low carbon fuel standards, including but not limited to biofuels,
biogas, compressed natural gas, gasoline, diesel, hydrogen and
electricity;
(D) Standards for the issuance of deferrals, established with
adequate lead time, as necessary to ensure adequate fuel
supplies;
(E) Exemptions for liquefied petroleum gas and other
alternative fuels that are used in volumes below { + certain + }
thresholds { - established by the commission - } ;
(F) Standards, specifications, testing requirements and other
measures as needed to ensure the quality of fuels produced in
accordance with { - the - } { + any + } low carbon fuel
standards, including but not limited to the requirements of ORS
646.910 to 646.923 and administrative rules adopted by the State
Department of Agriculture for motor fuel quality; and
(G) Adjustments to the amounts of greenhouse gas emissions per
unit of fuel energy assigned to fuels for combustion and drive
train efficiency.
(c) Before { - adopting - } { + recommending any + }
standards under this section, the commission shall consider the
low carbon fuel standards of other states, including but not
limited to Washington, for the purpose of determining
{ + recommended + } schedules and goals for the reduction of the
average amount of greenhouse gas emissions per unit of fuel
energy and the default values for these reductions for applicable
fuels.
(d) { + If the commission submits a report as described in
this subsection, + } the commission shall { - provide - }
{ + recommend + } exemptions and deferrals as necessary to
mitigate the costs of complying with
{ - the - } low carbon fuel standards upon a finding by the
commission that the 12-month rolling weighted average price of
gasoline or diesel in Oregon is not competitive with the 12-month
rolling weighted average price in the PADD 5 region.
(3) In { - adopting rules - } { + recommending any
standards + } under this section, the Environmental Quality
Commission shall evaluate:
(a) Safety, feasibility, net reduction of greenhouse gas
emissions and cost-effectiveness;
(b) Potential adverse impacts to public health and the
environment, including but not limited to air quality, water
quality and the generation and disposal of waste in this state;
(c) Flexible implementation approaches to minimize compliance
costs; and
(d) Technical and economic studies of comparable greenhouse gas
emissions reduction measures implemented in other states and any
other studies as determined by the commission.
(4) The { - provisions of this section do not apply to - }
{ + commission may not make recommendations for legislation
related to low carbon fuel standards for + }:
(a) Motor vehicles registered as farm vehicles under the
provisions of ORS 805.300.
(b) Farm tractors, as defined in ORS 801.265.
(c) Implements of husbandry, as defined in ORS 801.310.
(d) Motor trucks, as defined in ORS 801.355, used primarily to
transport logs.
SECTION 2. { + Section 7, chapter 754, Oregon Laws 2009, is
repealed. + }
SECTION 3. Section 8, chapter 754, Oregon Laws 2009, is amended
to read:
{ + Sec. 8. + } { - Sections 6 and 7 of this 2009 Act
are - } { + Section 6, chapter 754, Oregon Laws 2009, is + }
repealed on December 31, 2015.
SECTION 4. Section 9, chapter 754, Oregon Laws 2009, is amended
to read:
{ + Sec. 9. + } (1) The Department of Environmental Quality
shall report on the implementation of { - sections 3 and 6 of
this 2009 Act - } { + ORS 468A.270 + } to { - : - }
{ - (a) The interim legislative committees on environment and
natural resources on or before December 31, 2010; and - }
{ - (b) - } the Seventy-sixth, Seventy-seventh and
Seventy-eighth Legislative Assemblies in the manner provided by
ORS 192.245.
(2) The reports required under subsection (1) of this section
must contain a description of:
(a) Rules adopted under { - sections 3 and 6 of this 2009
Act - } { + ORS 468A.270 + };
(b) The manner in which the Environmental Quality Commission
complied with the requirements of { - sections 3 and 6 of this
2009 Act - } { + ORS 468A.270 + } in adopting the rules;
{ + and + }
(c) Significant policy decisions made by the commission in
adopting rules under { - section 3 of this 2009 Act; and - }
{ + ORS 468A.270. + }
{ - (d) The anticipated effects of the December 31, 2015,
repeal of sections 6 and 7 of this 2009 Act on the availability
of low carbon fuels and the development of biofuels production
facilities and electric vehicle infrastructure in Oregon. - }
SECTION 5. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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