Bill Text: OR SB1059 | 2010 | 1st Special Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to greenhouse gas emissions; and declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-03-18 - Effective date, March 18, 2010. [SB1059 Detail]

Download: Oregon-2010-SB1059-Introduced.html

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     75th OREGON LEGISLATIVE ASSEMBLY--2010 Special 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 204

                        Senate Bill 1059

Sponsored by Senator COURTNEY (at the request of the Metropolitan
  Planning Organization Greenhouse Gas Emissions Task Force)
  (Presession filed.)

                             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.

  Creates process for adoption and implementation of plans for
reducing greenhouse gas emissions caused by motor vehicles with
gross vehicle weight rating of 10,000 pounds or less.
  Directs Department of Transportation and Department of Land
Conservation and Development to report progress and
recommendations for future actions to Seventy-seventh Legislative
Assembly.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to greenhouse gas emissions; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 2 to 7 of this 2010 Act, '
metropolitan planning organization' has the meaning given that
term in ORS 197.629. + }
  SECTION 2.  { + (1) The Department of Transportation, in
consultation with metropolitan planning organizations, other
state agencies and stakeholders, shall adopt rules establishing a
statewide strategy on greenhouse gas emissions to achieve the
greenhouse gas emissions reduction goals set forth in ORS
468A.205. The department shall focus on reducing greenhouse gas
emissions from motor vehicles with a gross vehicle weight rating
of 10,000 pounds or less. In developing the strategy, the
department shall take into account state and federal programs,
policies and incentives related to reducing greenhouse gas
emissions.
  (2) The department shall actively solicit public review and
comment in the development of the strategy. + }
  SECTION 3.  { + (1) The Department of Transportation and the
Department of Land Conservation and Development, in consultation
with metropolitan planning organizations, other state agencies
and stakeholders, shall adopt rules establishing guidelines for
developing and evaluating alternative land use and transportation
scenarios that may reduce greenhouse gas emissions. The
guidelines must:
  (a) Establish a process for developing alternative land use and
transportation scenarios;

  (b) Take into account the full range of actions local
governments may take concerning land use and transportation
planning;
  (c) Allow sufficient flexibility for different local
governments to meet the needs of their individual communities;
  (d) Provide for coordination between state agencies and local
governments;
  (e) Encourage local innovation to reduce greenhouse gas
emissions; and
  (f) Provide examples of alternative land use and transportation
scenarios.
  (2) The Department of Transportation and the Department of Land
Conservation and Development shall actively solicit public review
and comment in the development of the guidelines. + }
  SECTION 4.  { + (1) The Department of Transportation and the
Department of Land Conservation and Development, in cooperation
with metropolitan planning organizations and other stakeholders,
shall adopt rules establishing a toolkit to assist local
governments in developing and executing actions and programs to
reduce greenhouse gas emissions from motor vehicles with a gross
vehicle weight rating of 10,000 pounds or less.
  (2) A toolkit shall include, but is not limited to, the
following material:
  (a) Information about actions and programs local governments
can implement on the local and regional level to reduce
greenhouse gas emissions;
  (b) Information about the potential effectiveness of the
actions and programs in reducing greenhouse gas emissions;
  (c) Information about the cost-effectiveness of the actions and
programs;
  (d) Estimates of the time required to implement the actions and
programs;
  (e) Guidelines for best management practices for analyzing and
executing the actions and programs;
  (f) Modeling and analysis tools that metropolitan planning
organizations and local governments may use to assess greenhouse
gas emissions reduction benefits from actions affecting land use
and transportation; and
  (g) Educational tools that metropolitan planning organizations
and local governments may use to inform the public about
greenhouse gas emissions reduction targets and strategies.
  (3) The Department of Transportation and the Department of Land
Conservation and Development shall actively solicit public review
and comment in the development of the toolkit. + }
  SECTION 5.  { + (1) On or before June 1, 2011, the Land
Conservation and Development Commission, in consultation with the
Oregon Transportation Commission and metropolitan planning
organizations, shall adopt rules for local governments within the
boundaries of a metropolitan planning organization. The rules
must specify, for each local government within the boundaries of
a metropolitan planning organization, a reduction target to be
met by 2035 in greenhouse gas emissions caused by motor vehicles
with a gross vehicle weight rating of 10,000 pounds or less. The
rules must reflect the greenhouse gas emissions reduction goals
set forth in ORS 468A.205 and must take into consideration the
reductions in vehicle emissions that are likely to result by 2035
from the use of improved vehicle technologies and fuels. On or
before March 1, 2011, the Department of Transportation, the
Department of Environmental Quality and the State Department of
Energy shall provide the Land Conservation and Development
Commission with the information or projections necessary to
determine the proposed greenhouse gas emissions reduction target
for 2035.
  (2) In order for the Land Conservation and Development
Commission to adopt rules pursuant to subsection (1) of this
section:
  (a) The Department of Transportation shall provide the
Department of Environmental Quality and the State Department of
Energy with an estimate of the vehicle miles traveled within the
boundaries of each metropolitan planning organization in 1990 by
motor vehicles with a gross vehicle weight rating of 10,000
pounds or less, based on available records.
  (b) The Department of Transportation shall provide the
Department of Environmental Quality and the State Department of
Energy with an estimate of the rate at which new vehicles will
replace existing vehicles among the vehicles described in
paragraph (a) of this subsection.
  (c) The Department of Environmental Quality and the State
Department of Energy shall estimate the greenhouse gas emissions
for 1990 for each region served by a metropolitan planning
organization resulting from the travel by motor vehicles
described in paragraph (a) of this subsection, using available
records of the average emissions per mile emitted by the motor
vehicles in 1990 and the estimates provided by the Department of
Transportation under paragraph (a) of this subsection.
  (d) The Department of Environmental Quality and the State
Department of Energy shall estimate the average greenhouse gas
emissions in 2035 emitted by motor vehicles described in
paragraph (a) of this subsection. The estimate must take into
account the motor vehicles that the Department of Transportation
predicts will have replaced existing vehicles as described in
paragraph (b) of this subsection. The estimate must be based on
available reasonable data provided by public or private entities
concerning the improvements in vehicle technologies that will be
available for use by 2035.
  (e) The Department of Environmental Quality and the State
Department of Energy shall recommend to the Land Conservation and
Development Commission a percentage by which the emissions from
motor vehicles described in paragraph (a) of this subsection
should be reduced below their 1990 emission levels by 2035 in
order to achieve the reduction in emissions from vehicles
necessary to achieve the total greenhouse gas emissions reduction
goals set for 2050 by ORS 468A.205.
  (f) The Department of Environmental Quality and the State
Department of Energy shall calculate the estimated miles of
travel by motor vehicles described in paragraph (a) of this
subsection that may be accommodated in 2035 by each local
government within the boundaries of a metropolitan planning
organization based on the estimates performed under paragraphs
(a) to (d) of this subsection and the recommendation required by
paragraph (e) of this subsection.
  (g) The Department of Transportation, the Department of
Environmental Quality and the State Department of Energy shall
recommend to the Land Conservation and Development Commission
modeling tools or other methods that each local government within
the boundaries of a metropolitan planning organization may use to
adjust its recommended number of miles of travel as described in
paragraph (f) of this subsection, to account for additional
greenhouse gas emissions resulting from increased traffic
congestion or reductions in emissions resulting from measures
that reduce traffic congestion.
  (h) On or before March 1, 2011, the Department of
Transportation, the Department of Environmental Quality and the
State Department of Energy shall submit the information required
by paragraphs (a) to (g) of this subsection to the Land
Conservation and Development Commission, including but not
limited to citations to sources relied on and calculations
made. + }
  SECTION 6.  { + (1) Except as provided in subsection (2) of
this section, local governments within the boundaries of a
metropolitan planning organization, in cooperation and

consultation with the metropolitan planning organization and
state agencies, shall:
  (a) Educate the public about the need to reduce greenhouse gas
emissions from motor vehicles with a gross vehicle weight rating
of 10,000 pounds or less.
  (b) Educate the public about the costs and benefits of reducing
greenhouse gas emissions.
  (c) Determine whether any immediate action can be taken to
reduce greenhouse gas emissions.
  (d) Consider how regional transportation plans could be altered
to reduce greenhouse gas emissions.
  (2) Subsection (1) of this section does not apply to the
metropolitan planning organization that serves Portland or the
local governments within that metropolitan planning
organization. + }
  SECTION 7.  { + (1) Except as provided in subsection (2) of
this section, local governments within the boundaries of a
metropolitan planning organization, in cooperation and
consultation with the metropolitan planning organization and
state agencies, shall:
  (a) Prepare, adopt and implement alternative land use and
transportation scenarios to achieve the greenhouse gas emissions
reduction goals set forth in ORS 468A.205. The planning process
shall:
  (A) Include opportunities for public review and comment.
  (B) Use the following:
  (i) The statewide strategy on greenhouse gas emissions adopted
by the Department of Transportation pursuant to section 2 of this
2010 Act;
  (ii) The guidelines developed by the Department of
Transportation and the Department of Land Conservation and
Development pursuant to section 3 of this 2010 Act; and
  (iii) The greenhouse gas emissions reduction toolkit developed
by the Department of Transportation and the Department of Land
Conservation and Development pursuant to section 4 of this 2010
Act.
  (b) Revise the scenarios adopted and implemented in paragraph
(a) of this subsection each time a regional transportation plan
is updated to reflect changes in the state greenhouse gas
emissions reduction goals or best practices or to better address
local needs and circumstances.
  (c) Report to the Legislative Assembly at each regular session
on the progress made in planning for, adopting and implementing
the scenarios described in paragraph (a) of this subsection.
  (d) Make recommendations to the Legislative Assembly at each
regular session on whether new or additional incentives and
actions are needed to meet the greenhouse gas emissions reduction
goals set forth in ORS 468A.205.
  (2) Subsection (1) of this section does not apply to the
metropolitan planning organization that serves Portland or the
local governments within that metropolitan planning organization.
  (3) The Department of Transportation, the Department of Land
Conservation and Development and local governments, in
cooperation with metropolitan planning organizations and state
agencies, shall establish incentives for adopting and
implementing plans for alternative land use and transportation
scenarios developed under this section. + }
  SECTION 8.  { + The Department of Transportation and the
Department of Land Conservation and Development shall make a
joint report to the Seventy-seventh Legislative Assembly, in the
manner provided in ORS 192.245, regarding:
  (1) The progress made in developing:
  (a) The statewide strategy on greenhouse gas emissions adopted
by the Department of Transportation pursuant to section 2 of this
2010 Act;

  (b) The guidelines developed by the Department of
Transportation and the Department of Land Conservation and
Development pursuant to section 3 of this 2010 Act; and
  (c) The toolkit developed by the Department of Transportation
and the Department of Land Conservation and Development pursuant
to section 4 of this 2010 Act.
  (2) The progress made by local governments, in cooperation with
metropolitan planning organizations as defined in section 1 of
this 2010 Act, to prepare, adopt and implement alternative land
use and transportation scenarios described in section 7 of this
2010 Act.
  (3) Whether additional incentives are necessary or appropriate
to prepare, adopt and implement alternative land use and
transportation scenarios.
  (4) Whether compliance measures are necessary to implement
alternative land use and transportation scenarios under section 7
of this 2010 Act or to meet the reduction target established
under section 5 of this 2010 Act.
  (5) Whether additional actions or a different framework are
necessary to carry out the greenhouse gas emissions reduction
goals set forth in ORS 468A.205. + }
  SECTION 9. { +  Section 7 of this 2010 Act becomes operative on
January 1, 2012. + }
  SECTION 10.  { + This 2010 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2010 Act takes effect on
its passage. + }
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