75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session
Enrolled
Senate Bill 1059
Sponsored by Senator COURTNEY (at the request of the Metropolitan
Planning Organization Greenhouse Gas Emissions Task Force)
(Presession filed.)
CHAPTER ................
AN ACT
Relating to greenhouse gas emissions; limiting expenditures; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 2 to 8 of this 2010 Act, '
metropolitan planning organization' has the meaning given that
term in ORS 197.629. + }
SECTION 2. { + (1) The Oregon Transportation Commission, after
consultation with and in cooperation with metropolitan planning
organizations, other state agencies, local governments and
stakeholders, as a part of the state transportation policy
developed and maintained under ORS 184.618, shall adopt a
statewide transportation strategy on greenhouse gas emissions to
aid in achieving the greenhouse gas emissions reduction goals set
forth in ORS 468A.205. The commission shall focus on reducing
greenhouse gas emissions resulting from transportation. In
developing the strategy, the commission shall take into account
state and federal programs, policies and incentives related to
reducing greenhouse gas emissions.
(2) The commission 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, after
consultation with and in cooperation with metropolitan planning
organizations, other state agencies, local governments and
stakeholders, shall establish guidelines for developing and
evaluating alternative land use and transportation scenarios that
may reduce greenhouse gas emissions. The guidelines must, at a
minimum:
(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
Enrolled Senate Bill 1059 (SB 1059-B) Page 1
(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, after
consultation with and in cooperation with metropolitan planning
organizations, local governments and other stakeholders, shall
establish 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) Except as provided in subsection (3) of
this section, on or before June 1, 2011, the Land Conservation
and Development Commission, after consultation with and in
cooperation with the Oregon Transportation Commission, local
governments and metropolitan planning organizations, shall adopt
rules identifying a reduction target for greenhouse gas emissions
caused by motor vehicles with a gross vehicle weight rating of
10,000 pounds or less to be met by each region served by a
metropolitan planning organization. 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. The rules must also
take into consideration methods of equitably allocating
reductions among the metropolitan areas given differences in
population growth rates. 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:
Enrolled Senate Bill 1059 (SB 1059-B) Page 2
(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 need
to 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 region served
by 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 region served by 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.
Enrolled Senate Bill 1059 (SB 1059-B) Page 3
(3) Subsection (1) of this section does not apply to the region
served by the metropolitan planning organization that serves
Portland. + }
SECTION 6. { + The Department of Transportation and the
Department of Land Conservation and Development, after
consultation with and in cooperation with other state agencies
and the Oregon University System, shall:
(1) 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; and
(2) Educate the public about the costs and benefits of reducing
greenhouse gas emissions. + }
SECTION 7. { + (1) As used in this section, 'regional
transportation plan' means a long-range transportation plan
prepared and adopted by a metropolitan planning organization for
a metropolitan area as provided for in federal law.
(2) Except as provided in subsection (3) of this section, the
local governments within the boundaries of a metropolitan
planning organization, after consultation with and in cooperation
with the metropolitan planning organization and state agencies,
shall:
(a) Consider whether any immediate action can be taken to
reduce greenhouse gas emissions.
(b) Consider how regional transportation plans could be altered
to reduce greenhouse gas emissions.
(3) Subsection (2) of this section does not apply to the
metropolitan planning organization that serves Portland or to the
local governments within that metropolitan planning
organization. + }
SECTION 8. { + The Department of Transportation and the
Department of Land Conservation and Development, after
consultation with and in cooperation with local governments
within the boundaries of a metropolitan planning organization,
shall make a joint report to the Seventy-sixth Legislative
Assembly in the manner provided in ORS 192.245. The report must
provide information regarding the amount of financing that is
necessary to cover the costs of local governments in preparing
and cooperatively selecting land use and transportation scenarios
and the potential sources of funding for this preparation and
cooperative selection. + }
SECTION 9. { + 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 transportation strategy on greenhouse gas
emissions adopted by the Oregon Transportation Commission
pursuant to section 2 of this 2010 Act;
(b) The guidelines established 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 established by the Department of Transportation
and the Department of Land Conservation and Development pursuant
to section 4 of this 2010 Act.
(2) Recommendations on how to meet the greenhouse gas emissions
reduction targets identified in section 5 of this 2010 Act.
(3) Whether additional actions or a different framework is
necessary to carry out the greenhouse gas emissions reduction
goals set forth in ORS 468A.205. + }
Enrolled Senate Bill 1059 (SB 1059-B) Page 4
SECTION 10. { + Section 2 of this 2010 Act does not limit the
authority of an agency, as defined in ORS 183.310, to regulate
air contaminants. + }
SECTION 11. { + Notwithstanding any other law limiting
expenditures, the limitation on expenditures established by
section 2, chapter 652, Oregon Laws 2009, for the biennium
beginning July 1, 2009, as the maximum limit for payment of
expenses from fees, moneys or other revenues, including
Miscellaneous Receipts, but excluding lottery funds and federal
funds, collected or received by the Department of Land
Conservation and Development, is increased by $482,581 for the
purpose of carrying out the provisions of sections 3, 4, 5, 6, 8
and 9 of this 2010 Act. + }
SECTION 12. { + 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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Passed by Senate February 23, 2010
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House February 24, 2010
...........................................................
Speaker of House
Enrolled Senate Bill 1059 (SB 1059-B) Page 5
Received by Governor:
......M.,............., 2010
Approved:
......M.,............., 2010
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2010
...........................................................
Secretary of State
Enrolled Senate Bill 1059 (SB 1059-B) Page 6