Bill Text: OR SB80 | 2011 | Regular Session | Introduced
Bill Title: Relating to greenhouse gas emissions reporting fees; declaring an emergency.
Sponsorship: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB80 Detail]
Download: Oregon-2011-SB80-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 844
Senate Bill 80
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber
for Department of Environmental Quality)
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.
Allows Environmental Quality Commission to establish certain
greenhouse gas emissions reporting fees. Limits fees and purposes
for which fees may be established.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to greenhouse gas emissions reporting fees; creating new
provisions; amending ORS 468A.280; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 468A.280 is amended to read:
468A.280. (1) In addition to any registration and reporting
that may be required under ORS 468A.050, the Environmental
Quality Commission by rule may require registration and reporting
by:
(a) Any person who imports, sells, allocates or distributes for
use in this state electricity, the generation of which emits
greenhouse gases.
(b) Any person who imports, sells or distributes for use in
this state fossil fuel that generates greenhouse gases when
combusted.
(2) Rules adopted by the commission under this section for
electricity that is imported, sold, allocated or distributed for
use in this state may require reporting of information necessary
to determine greenhouse gas emissions from generating facilities
used to produce the electricity and related electricity
transmission line losses.
(3)(a) The commission shall allow consumer-owned utilities, as
defined in ORS 757.270, to comply with reporting requirements
imposed under this section by the submission of a report prepared
by a third party. A report submitted under this paragraph may
include information for more than one consumer-owned utility, but
must include all information required by the commission for each
individual utility.
(b) For the purpose of determining greenhouse gas emissions
related to electricity purchased from the Bonneville Power
Administration by a consumer-owned utility, as defined in ORS
757.270, the commission may require only that the utility report:
(A) The number of megawatt-hours of electricity purchased by
the utility from the Bonneville Power Administration, segregated
by the types of contracts entered into by the utility with the
Bonneville Power Administration; and
(B) The percentage of each fuel or energy type used to produce
electricity purchased under each type of contract.
(4)(a) Rules adopted by the commission pursuant to this section
for electricity that is purchased, imported, sold, allocated or
distributed for use in this state by an electric company, as
defined in ORS 757.600, must be limited to the reporting of:
(A) Greenhouse gas emissions emitted from generating facilities
owned or operated by the electric company;
(B) Greenhouse gas emissions emitted from transmission
equipment owned or operated by the electric company;
(C) The number of megawatt-hours of electricity purchased by
the electric company for use in this state, including
information, if known, on:
(i) The seller of the electricity to the electric company; and
(ii) The original generating facility fuel type or types; and
(D) An estimate of the amount of greenhouse gas emissions,
using default greenhouse gas emissions factors established by the
commission by rule, attributable to:
(i) Electricity purchases made by a particular seller to the
electric company;
(ii) Electricity purchases from an unknown origin or from a
seller who is unable to identify the original generating facility
fuel type or types;
(iii) Electricity purchases for which a renewable energy
certificate under ORS 469A.130 has been issued but subsequently
transferred or sold to a person other than the electric company;
(iv) Electricity transmitted for others by the electric
company; and
(v) Total energy losses from electricity transmission and
distribution equipment owned or operated by the electric company.
(b) Pursuant to paragraph (a) of this subsection, a
multijurisdictional electric company may rely upon a cost
allocation methodology approved by the Public Utility Commission
for reporting emissions allocated in this state.
(5) Rules adopted by the commission under this section for
fossil fuel that is imported, sold or distributed for use in this
state may require reporting of the type and quantity of the fuel
and any additional information necessary to determine the carbon
content of the fuel. For the purpose of determining greenhouse
gas emissions related to liquefied petroleum gas, the commission
shall allow reporting using publications or submission of data by
the American Petroleum Institute but may require reporting of
such other information necessary to achieve the purposes of the
rules adopted by the commission under this section.
(6) To an extent that is consistent with the purposes of the
rules adopted by the commission under this section, the
commission shall minimize the burden of the reporting required
under this section by:
(a) Allowing concurrent reporting of information that is also
reported to another state agency;
(b) Allowing electronic reporting;
(c) Allowing use of good engineering practice calculations in
reports, or of emission factors published by the United States
Environmental Protection Agency;
(d) Establishing thresholds for the amount of specific
greenhouse gases that may be emitted or generated without
reporting;
(e) Requiring reporting by the fewest number of persons in a
fuel distribution system that will allow the commission to
acquire the information needed by the commission; or
(f) Other appropriate means and procedures determined by the
commission.
{ + (7)(a) By rule the commission may establish greenhouse
gas emissions reporting fees for persons required to report
pursuant to this section. Fees established pursuant to this
subsection may not exceed the amounts set forth in paragraph (b)
of this subsection.
(b)(A) For electric companies, as defined in ORS 757.600, and
for other public utilities, as defined in ORS 757.005, that
import, sell or distribute natural gas, the amount of the fee
established pursuant to this subsection may not exceed the
maximum greenhouse gas emissions reporting fee for air
contamination sources established by the commission pursuant to
ORS 468A.050.
(B) For all other persons, fees established pursuant to this
subsection may not exceed $100 per year. + }
{ - (7) - } { + (8) + } As used in this section,
'greenhouse gas' has the meaning given that term in ORS 468A.210.
SECTION 2. { + Section 3 of this 2011 Act is added to and made
a part of ORS chapter 468A. + }
SECTION 3. { + The Environmental Quality Commission shall
limit the fees established under ORS 468A.280, and any fees
established under ORS 468A.050 for greenhouse gas reporting, to
the anticipated cost of developing and implementing greenhouse
gas reporting programs. + }
SECTION 4. { + The amendments to ORS 468A.280 by section 1 of
this 2011 Act apply to reporting required on or after the
effective date of this 2011 Act. + }
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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