reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.120 - Board of directors; term.

(1) The board of directors of a regional air quality control authority shall consist of not fewer than five nor more than nine members, designated as follows:
(a) One member of the governing body of each participating county, to be designated by the governing body of the county.
(b) One member of the governing body of each participating city of 25,000 or more population located within a participating county.
(c) Where regional air pollution authorities cover only one county, one additional member for each 35,000 population over 25,000 in a participating city, not to exceed three members from the city, to be designated by the governing body of the city. Any additional member designated under this paragraph may be either a member of the governing body or a resident of the participating city.
(d) One member of the governing body of each participating city of less than 25,000 but more than 2,000 population located within a participating county, not to exceed two members under this paragraph. If the number of participating cities described by this paragraph exceeds two, the governing bodies of the participating cities described by this paragraph shall jointly designate the two members.
(e) One or more additional members, if the board would otherwise consist of an even number of members or less than the minimum number required by subsection (1) of this section, to be selected by the members designated under paragraphs (a) to (d) of this subsection, which member or members may be either a member of the governing body or a resident of a participating city or county.
(2) A member designated under subsection (1)(a) to (d) of this section who is a member of a governing body shall hold office at the pleasure of the governing body by which the member was designated. A member designated under subsection (1)(c) of this section who is a resident of a participating city shall serve for a term established by the appointing governing body, not to exceed four years. Any member designated under subsection (1)(e) of this section shall serve for a term of two years.
(3) The term of any member shall terminate at any time:
(a) When the member is no longer a member of the governing body of the city or county by which the member was designated;
(b) If appointed under subsection (1)(c) or (d) of this section, when the member is no longer a member of the governing body of a participating city;
(c) If designated under subsection (1)(e) of this section, when the member is no longer a member of the governing body of a participating city or county; or
(d) If the member is appointed as a resident under subsection (1)(c) or (e) of this section, when the member is no longer a resident of the participating city or county by which the member was designated. [Formerly 449.865 and then 468.520; 2015 c.426 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.125 - Board where population requirement waived.

ORS 468A.120 applies to the designation of the members of the board of directors of a regional air quality control authority formed under a waiver authorized by ORS 468A.110. However, there shall be no maximum number of members and, in lieu of the members designated as provided in ORS 468A.120 (1)(b) to (d), members representing cities within the region shall be designated as follows:
(1) One member of the governing body of each participating city having a population of 2,000 or more and located within a participating county, not to exceed five members. If the number of such cities exceeds five, the governing bodies of the cities described by this subsection shall jointly select five members from the governing bodies of such cities.
(2) One member of the governing body of a participating city of less than 2,000 population, to be designated jointly by the governing bodies of participating cities, each having a population of less than 2,000. [Formerly 449.867 and then 468.525]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.130 - Advisory committee; duties; members; term; chairperson; meetings.

(1) The board of directors of the regional authority shall appoint an advisory committee which shall advise the board in matters pertaining to the region and particularly on methods and procedures for the protection of public health and welfare and of property from the adverse effects of air pollution.
(2) The advisory committee shall consist of at least seven members appointed for a term of three years with at least one representative from each of the following interests within the region:
(a) Public health agencies;
(b) Agriculture;
(c) Industry;
(d) Community planning;
(e) Fire suppression agencies; and
(f) The general public.
(3) The advisory committee shall select a chairperson and vice chairperson and such other officers as it considers necessary. Members shall serve without compensation, but may be allowed actual and necessary expenses incurred in the discharge of their duties. The committee shall meet as frequently as it or the board of directors considers necessary.
(4) Notwithstanding the provisions of subsection (2) of this section, the board of directors of the regional authority shall adopt by rule a method for establishing the initial terms of office of advisory committee members so that the terms of office do not all expire on the same date. [Formerly 468.530]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.135 - Function of authority; rules.

(1) When authorized to do so by the Environmental Quality Commission, a regional authority formed under ORS 468A.105 shall exercise the functions relating to air pollution control vested in the commission and the Department of Environmental Quality by ORS 468.020, 468.035, 468.065, 468.070, 468.090, 468.095, 468.120, 468.140, 468A.025, 468A.040, 468A.050, 468A.055, 468A.065, 468A.070 and 468A.700 to 468A.755 insofar as such functions are applicable to the conditions and situations of the territory within the regional authority. The regional authority shall carry out these functions in the manner provided for the commission and the department to carry out the same functions. Such functions may be exercised over both incorporated and unincorporated areas within the territory of the regional authority, regardless of whether the governing body of a city within the territory of the region is participating in the regional authority.
(2) No regional authority is authorized to establish or alter areas or to adopt any rule or standard that is less strict than any rule or standard of the commission. The regional authority must submit to the commission for its approval all air quality standards adopted by the regional authority prior to enforcing any such standards.
(3) Subject to ORS 468A.140, 468A.145 and 468A.165, when a regional authority is exercising functions under subsection (1) of this section, the commission and the department shall not exercise the same functions in the same territory. The regional authority’s jurisdiction shall be exclusive. The regional authority shall enforce rules and standards of the commission as required to do so by the commission.
(4) The commission and the regional authorities may regulate, limit, control or prohibit by rule all air contamination sources not otherwise exempt within their respective jurisdictions. However, field burning and forestland burning shall be regulated by the commission and fire permit agencies as provided in ORS 468A.555 to 468A.620 and 468A.992, 476.380, 477.505 to 477.562 and 478.960. [Formerly 468.535; 1993 c.420 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.140 - Assumption, retention and transfer of control over classes of air contamination sources.

(1) The Environmental Quality Commission may assume and retain control over any class of air contamination source if it finds that such control is beyond the reasonable capabilities of the regional authorities because of the complexity or magnitude of the source.
(2) If the commission does assume or retain control over any class of air contamination source under subsection (1) of this section, a regional authority may petition for the restoration or transfer of such control. If the commission finds that the reason for its assumption or retention is no longer valid, it may restore or transfer control over the class of air contaminants to the regional authority. [Formerly 449.910 and then 468.540]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.145 - Contract for commission to retain authority under ORS 468A.135.

A regional authority may contract with the Environmental Quality Commission for the commission to retain all or part of the authority that would otherwise be granted to the regional authority under ORS 468A.135, subject to terms of the contract. [Formerly 449.863 and then 468.545]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.150 - Conduct of public hearings; entry of orders.

(1) All public hearings other than those held prior to adoption of rules or standards shall be held by the board of directors or before any member or members of the board of directors or a hearing officer, as the board of directors may designate. Such hearings shall be conducted in the manner prescribed in ORS chapter 183.
(2) If a majority of the board of directors has conducted the hearing, it shall enter its order within 60 days after the conclusion of the hearing. If the hearing is conducted by a hearing officer, or by a member or members constituting less than a majority of the board, the final decision shall be made and entered by the board within 60 days after conclusion of the hearing if no exceptions are filed, or within 60 days after final arguments on written exceptions to a proposed decision are heard. [Formerly 449.890 and then 468.550]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.155 - Rules authorizing regional permit programs.

(1) The Environmental Quality Commission by rule may authorize regional authorities to issue permits for air contamination sources within their areas of jurisdiction.
(2) Permit programs established by regional authorities pursuant to subsection (1) of this section shall:
(a) Conform to the requirements of ORS 468.065, 468A.040, 468A.045 and 468A.300 to 468A.320;
(b) Be subject to review and approval by the commission; and
(c) If the permit program is a Title V program, include a provision to transfer a portion of the permit fees imposed for the program to the Department of Environmental Quality, sufficient to pay the expenses of the department incurred in including the regional program in the state program and for the department’s oversight of the regional program. [Formerly 449.883 and then 468.555; 1993 c.790 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.160 - Expansion or dissolution of authority.

(1) The territory of a regional authority may be expanded in the manner provided for forming regions by inclusion of an additional contiguous county or city if:
(a) All of the governing bodies of the participating counties and cities adopt ordinances or resolutions authorizing the inclusion of the additional territory;
(b) The governing body of the proposed county or city adopts such ordinance or resolution as would be required to form a regional authority; and
(c) The Environmental Quality Commission approves the expansion.
(2) Any regional authority may be dissolved by written consent of the governing bodies of all participating counties and cities. Upon dissolution, any assets remaining after payment of all debts shall be divided among the participating counties and cities in direct proportion to the total amount contributed by each. However, all rules, standards and orders of the regional authority shall continue in effect until superseded by action of the commission. [Formerly 449.900 and then 468.560; 2007 c.71 §149]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.165 - Compliance with state standards required; hearing; notice.

(1) The Environmental Quality Commission may require that necessary corrective measures be undertaken within a reasonable time if, after hearing, it finds that:
(a) A regional authority has failed to establish an adequate air quality control program within a reasonable time after its formation; or
(b) An air quality control program in force in the territory of a regional authority is being administered in a manner inconsistent with the requirements of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B.
(2) Notice of the hearing required under subsection (1) of this section shall be sent to the regional authority not less than 30 days prior to the hearing.
(3) If the regional authority fails to take the necessary corrective measures within the time required, the commission shall undertake a program of administration and enforcement of the air quality control program in the territory of the regional authority. The program instituted by the commission shall supersede all rules, standards and orders of the regional authority.
(4) If, in the judgment of the commission, a regional authority is able to requalify to exercise the functions authorized in ORS 468A.135, the commission shall restore those functions to the regional authority and shall not exercise the same functions in the territory of the regional authority. [Formerly 449.905 and then 468.565]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.170 - Payment of costs of services to authority by state.

Any consultation and services provided to regional authorities or local air quality control programs by the Environmental Quality Commission may be paid for either from funds appropriated to the commission or under agreements between the parties on a reimbursable basis. [Formerly 449.915 and then 468.570]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.175 - State aid.

(1) Subject to the availability of funds therefor:
(a) Any air quality control program conforming to the rules of the Environmental Quality Commission and operated by not more than one unit of local government shall be eligible for state aid in an amount not to exceed 30 percent of the locally funded annual operating cost thereof, not including any federal funds to which the program may be entitled.
(b) Any air quality control program exercising functions operated by a regional authority shall be eligible for state aid in an amount not to exceed 50 percent of the locally funded annual operating cost thereof, not including any federal funds to which the program may be entitled.
(2) Applications for state funds shall be made to the commission and funds shall be made available under subsection (1) of this section according to the determination of the commission. In making its determination, the commission shall consider:
(a) The adequacy and effectiveness of the air quality control program.
(b) The geographic and demographic factors in the territory under the program.
(c) The particular problems of the territory under the program.
(3) In order to qualify for any state aid and subject to the availability of funds therefor, the local government or the regional authority must submit all applications for federal financial assistance to the commission before submitting them to the federal government.
(4) When certified by the commission, claims for state aid shall be presented for payment in the manner that other claims against the state are paid. [Formerly 449.920 and then 468.575]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.180 - Payment of certain court costs not required.

A regional authority shall not be required to pay any filing, service or other fees or furnish any bond or undertaking upon appeal or otherwise in any action or proceedings in any court in this state in which it is a party or interested. [Formerly 449.923 and then 468.580]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.183 - Definitions.

As used in ORS 468A.183 to 468A.199:
(1) "Biological carbon sequestration" means the removal of carbon from the atmosphere by plants and microorganisms and storage of carbon dioxide in vegetation, such as grasslands, marshes or forests, or in soils and oceans.
(2) "Climate resilience" means the capability to anticipate, prepare for, respond to and recover from significant climate-related threats while minimizing damage to social well-being, the economy and ecosystem functions.
(3) "Environmental justice community" has the meaning given that term in ORS 182.535.
(4) "Natural and working lands" means:
(a) Lands:
(A) Actively used by an agricultural owner or operator for an agricultural operation, including but not limited to active engagement in farming or ranching;
(B) Producing forest products;
(C) Consisting of forests, woodlands, grasslands, sagebrush steppes, deserts, freshwater and riparian systems, wetlands, coastal and estuarine areas or the submerged and submersible lands within Oregon’s territorial sea and marine habitats associated with those lands;
(D) That are privately owned and that are eligible for special assessment under ORS chapter 308A;
(E) Used for recreational purposes, including, but not limited to, parks, trails, greenbelts and other similar open space lands; or
(F) Consisting of trees, other vegetation and soils in urban and near-urban areas, including, but not limited to, urban watersheds, street trees, park trees, residential trees and riparian habitats; and
(b) Lands described in paragraph (a) of this subsection that are:
(A) Held in trust by the United States for the benefit of any of the nine federally recognized Indian tribes in this state;
(B) Held in trust by the United States for the benefit of individual members of any of the nine federally recognized Indian tribes in this state;
(C) Within the boundaries of the reservation of any of the nine federally recognized Indian tribes in this state; or
(D) Otherwise owned or controlled by any of the nine federally recognized Indian tribes in this state.
(5) "Natural climate solution" means an activity that enhances or protects net biological carbon sequestration on natural and working lands, while maintaining or increasing ecosystem resilience and human well-being. [2023 c.442 §53]
Note:
468A.183 to 468A.199 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 468A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.187 - Natural and Working Lands Fund.

(1) The Natural and Working Lands Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Natural and Working Lands Fund shall be credited to the fund. Moneys in the Natural and Working Lands Fund are continuously appropriated to the Oregon Watershed Enhancement Board for the purpose of transferring moneys to the funds described in subsection (2) of this section as directed by the Oregon Climate Action Commission under ORS 468A.189.
(2) The board shall annually transfer moneys in the Natural and Working Lands Fund to the following funds in accordance with ORS 468A.189:
(a) The Agriculture Natural Climate Solutions Fund established under ORS 561.157.
(b) The Forestry Natural Climate Solutions Fund established under ORS 526.127.
(c) The Watershed Natural Climate Solutions Fund established under ORS 541.936.
(d) The Fish and Wildlife Natural Climate Solutions Fund established under ORS 496.268. [2023 c.442 §55]
Note:
See note under 468A.183.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.191 - Report to Legislative Assembly.

(1) No later than December 1 of each even-numbered year, the Oregon Climate Action Commission, in consultation with the State Department of Energy, the State Department of Agriculture, the State Forestry Department, the State Department of Fish and Wildlife and the Oregon Watershed Enhancement Board, shall submit a report, in the manner provided by ORS 192.245, to the interim committees of the Legislative Assembly related to the environment and the Governor. The report shall include:
(a) A list of projects funded by the Natural and Working Lands Fund during the previous 24 months and the amount expended for each project.
(b) A summary of state, federal and private sources of funding for natural climate solutions projects funded by the Natural and Working Lands Fund established under ORS 468A.187.
(c) An assessment of projects described in paragraphs (a) and (b) of this subsection in light of the baseline and metrics adopted under ORS 468A.193.
(d) A list of projects, grants or other activities that are planned for the upcoming calendar year.
(e) A list of projects deployed in environmental justice communities.
(2) Before finalizing the report under subsection (1) of this section, the commission shall solicit public comment on the report and include a summary of comments received in the final version of the report submitted to the Legislative Assembly and Governor.
(3) The State Department of Energy shall provide staff support to the commission for the purpose of preparing the report under this section. The department may contract with a third party to provide staff support services described in this subsection. [2023 c.442 §57]
Note:
See note under 468A.183.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.193 - Net biological carbon sequestration and storage baseline; activity-based and community impact metrics.

(1) The State Department of Energy and the Oregon Climate Action Commission shall, in coordination with the State Forestry Department, the State Department of Agriculture, the State Department of Fish and Wildlife, the Oregon Watershed Enhancement Board the Department of State Lands, the State Parks and Recreation Department and the Department of Land Conservation and Development, and in consultation with relevant federal agencies, establish and maintain:
(a) A net biological carbon sequestration and storage baseline for natural and working lands;
(b) Activity-based metrics in accordance with subsection (3) of this section; and
(c) Community impact metrics in accordance with subsection (4) of this section.
(2) The net biological carbon sequestration and storage baseline may use 1990 as a baseline year if the department determines that there is adequate information to support setting the baseline at that year.
(3) Activity-based metrics shall be used to evaluate progress toward increasing net biological carbon sequestration and storage in natural and working lands, as measured against the net carbon sequestration and storage baseline. Activity-based metrics may include, but need not be limited to, acres of lands for which certain management practices have been adopted.
(4) Community impact metrics shall be used to evaluate the positive and negative effects, over time, of strategies for net biological carbon sequestration and storage in natural and working lands on landowners, land managers and communities. Community impact metrics may include, but need not be limited to:
(a) Metrics to measure the effects of net biological carbon sequestration and storage strategies on jobs, local economies, environmental integrity and public health; and
(b) Metrics to evaluate the accessibility of a diverse range of landowners to net biological carbon sequestration and storage programs.
(5) Before finalizing the net biological carbon sequestration and storage baseline, activity-based metrics and community impact metrics, the State Department of Energy and the commission shall make draft versions publicly available and receive comments from the public, state agencies and the advisory committee established under ORS 468A.197.
(6) The State Department of Energy and the Oregon Climate Action Commission, in consultation with the State Forestry Department, the State Department of Agriculture, the Oregon Watershed Enhancement Board, the State Department of Fish and Wildlife, shall, no later than January 1, 2025, establish nonbinding biological carbon sequestration and storage goals for Oregon’s natural and working lands and update those goals as new information becomes available.
(7) The State Department of Energy may contract with a third party to assist the department in performing its duties under this section. [2023 c.442 §58]
Note:
See note under 468A.183.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.195 - Net biological carbon sequestration and storage inventory.

(1) The State Department of Energy and the Oregon Climate Action Commission, in coordination with the State Forestry Department, the State Department of Agriculture, the Oregon Watershed Enhancement Board, the Department of State Lands, the Department of Land Conservation and Development and federal land management partners, shall develop a natural and working lands net biological carbon sequestration and storage inventory. The inventory must:
(a) Be based on the best available field-based and remote sensing data on biological carbon sequestration;
(b) To the greatest extent possible, be developed using methods consistent with methods used to assess greenhouse gas fluxes related to land use, land change and forestry for the United States Environmental Protection Agency’s Inventory of U.S. Greenhouse Gas Emissions and Sinks; and
(c) Where feasible, utilize information from the environmental justice mapping tool developed under ORS 182.555.
(2) Before finalizing the inventory, the State Department of Energy and the commission shall make a draft version publicly available and receive comments from the public, state agencies and the advisory committee established under ORS 468A.197.
(3) The State Department of Energy shall update the inventory and submit a report describing the inventory to the Oregon Climate Action Commission no later than December 1 of each even-numbered year.
(4) The State Department of Energy may contract with a third party to assist the department in performing its duties under this section. [2023 c.442 §59]
Note:
See note under 468A.183.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.197 - Advisory committee; members.

(1) The Oregon Climate Action Commission may appoint a natural and working lands advisory committee to advise the commission in the performance of the commission’s duties under ORS 468A.183 to 468A.199. The commission shall seek recommendations for committee members from industry and advocacy associations where appropriate.
(2) The advisory committee shall consist of at least 15 members appointed as follows:
(a) One member with expertise in tribal culture, customs and government;
(b) One local government representative from a county whose primary economic activity is derived from the agriculture, forestry, fishing and hunting industries, as described by code 11 of the North American Industry Classification System;
(c) One member with expertise in urban forestry or parks management;
(d) Three members with experience in forestry or forest products, including one member who is a private forest landowner with less than 5,000 acres of forestland;
(e) Two members with expertise in agriculture, including one member who owns a small family farming operation;
(f) One member with expertise in livestock;
(g) One member with expertise in blue carbon;
(h) One member with expertise in environmental justice;
(i) Two members with expertise in conservation or environmental management; and
(j) Two members with expertise in landowner technical assistance.
(3) The commission may appoint additional members as needed to provide additional expertise or represent other interests.
(4) The State Department of Energy shall provide staff support for the advisory committee. The department may contract with a third party to provide staff support services under this subsection. [2023 c.442 §62]
Note:
See note under 468A.183.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.199 - Consultation with federally recognized Indian tribes.

The Oregon Climate Action Commission shall establish a process for consultation with representatives of federally recognized Indian tribes in this state to advise the commission on the performance of its duties under ORS 468A.183 to 468A.199, including the identification of opportunities to support indigenous practices and knowledge from tribal nations to sequester and store carbon on natural and working lands. [2023 c.442 §63]
Note:
See note under 468A.183.
Note:
Sections 60 and 61, chapter 442, Oregon Laws 2023, provide:
Sec. 60. Workforce and training program study; report.
(1) The State Department of Energy, in coordination with the Oregon Climate Action Commission, shall study the workforce and training programs needed to support adoption of natural climate solutions on natural and working lands.
(2) The department shall provide the results of the study, and may include recommendations for legislation, in a report to the committees of the Legislative Assembly related to the environment, in the manner provided under ORS 192.245, no later than September 15, 2024.
(3) The department may contract with a third party to assist the department in performing its duties under this section. [2023 c.442 §60]
Sec. 61.
Section 60 of this 2023 Act is repealed on January 2, 2025. [2023 c.442 §61]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.205 - Policy; greenhouse gas emissions reduction goals.

(1) The Legislative Assembly declares that it is the policy of this state to reduce greenhouse gas emissions in Oregon pursuant to the following greenhouse gas emissions reduction goals:
(a) By 2010, arrest the growth of Oregon’s greenhouse gas emissions and begin to reduce greenhouse gas emissions.
(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. [2007 c.907 §2]
Note:
See note under 468A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.210 - Definitions for ORS 468A.200 to 468A.260.

As used in ORS 468A.200 to 468A.260:
(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. [2007 c.907 §3; 2023 c.442 §39]
Note:
See note under 468A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.215 - Oregon Climate Action Commission; appointment; term; vacancies; expenses of members.

(1) There is created the Oregon Climate Action Commission. The commission shall consist of 35 members, including 13 voting members appointed by the Governor under this section and 22 nonvoting members specified in ORS 468A.220.
(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;
(f) One member shall have significant experience in environmental policy;
(g) One member shall have significant experience in environmental justice;
(h) One member shall be appointed as a youth representative, who must be at least 16 but no more than 24 years of age when appointed; and
(i) One member shall have significant experience in the fishing industry.
(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, except that the term of office of the member appointed as a youth representative is two 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). [2007 c.907 §4; 2023 c.442 §40]
Note:
See note under 468A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.220 - Nonvoting members.

(1) In addition to the members appointed under ORS 468A.215, the Oregon Climate Action Commission includes the following nonvoting members:
(a) The Director of the State Department of Energy;
(b) The Director of Transportation;
(c) The chairperson of the Public Utility Commission of Oregon;
(d) The Director of the Department of Environmental Quality;
(e) The Director of Agriculture;
(f) The State Forester;
(g) The Water Resources Director;
(h) The Director of the Department of Land Conservation and Development;
(i) The Director of the Oregon Health Authority;
(j) The Director of the Oregon Business Development Department;
(k) The Director of the Oregon Department of Administrative Services;
(L) The Director of the Department of Consumer and Business Services;
(m) The State Fish and Wildlife Director;
(n) The Director of the Housing and Community Services Department;
(o) The executive director of the Oregon Watershed Enhancement Board; and
(p) Three additional nonvoting members, each from a state agency or an academic institution.
(2) The following representatives of the Legislative Assembly also shall serve as 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.
(4) Notwithstanding ORS 171.072, members of the commission who are members of the Legislative Assembly are not entitled to mileage expenses or a per diem and serve as volunteers on the commission. [2007 c.907 §5; 2011 c.272 §12; 2023 c.442 §41]
Note:
See note under 468A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.225 - Meetings; quorum; personnel; agency reports.

(1) A majority of the voting members of the Oregon Climate Action Commission constitutes a quorum for the transaction of business.
(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.
(4) In order to assist the commission in its duties, state agencies shall regularly report to the commission on the respective state agencies’ efforts to make progress toward the greenhouse gas emissions reduction goals established by ORS 468A.205 and to prepare for the effects of global warming. [2007 c.907 §7; 2023 c.442 §42]
Note:
See note under 468A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.235 - Coordination of state and local efforts to reduce greenhouse gas emissions.

The Oregon Climate Action 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 ORS 468A.205 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. [2007 c.907 §9; 2023 c.442 §44]
Note:
See note under 468A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.240 - Recommendations; public comment.

(1) In furtherance of the greenhouse gas emissions reduction goals established by ORS 468A.205, the Oregon Climate Action 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 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. [2007 c.907 §10; 2023 c.442 §45]
Note:
See note under 468A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.245 - Outreach strategy.

The Oregon Climate Action 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 Higher Education Coordinating Commission and businesses to implement the outreach strategy. [2007 c.907 §11; 2013 c.768 §143c; 2023 c.442 §46]
Note:
See note under 468A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.250 - Mandate of Oregon Climate Action Commission.

(1) The Oregon Climate Action Commission shall track and evaluate:
(a) Economic, environmental, health and social assessments of global warming impacts on Oregon and the Pacific Northwest;
(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 ORS 468A.205;
(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 natural and working lands, alternative methods of land 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 ORS 468A.205.
(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;
(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;
(c) Prepare a detailed forecast of expected greenhouse gas emissions reductions; and
(d)(A) Periodically evaluate the greenhouse gas emissions reduction goals established by ORS 468A.205 and, as necessary, make recommendations to the Legislative Assembly for updating those goals based on the best available science.
(B) At a minimum, the commission shall complete an evaluation and provide any recommendations to the Legislative Assembly, in the manner provided in ORS 192.245, no later than 18 months after the date on which the United Nations Intergovernmental Panel on Climate Change publishes a synthesis report or the United States Global Change Research Program publishes a national climate assessment. [2007 c.907 §12; 2023 c.442 §47]
Note:
See note under 468A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.255 - Citizen advisory groups.

The Oregon Climate Action Commission may recommend to the Governor the formation of citizen advisory groups to explore particular areas of concern with regard to the reduction of greenhouse gas emissions and the effects of global warming. [2007 c.907 §13; 2023 c.442 §48]
Note:
See note under 468A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.260 - Report to Legislative Assembly.

The Oregon Climate Action Commission shall submit a report to the Legislative Assembly, in the manner provided by ORS 192.245, by December 1 of each even-numbered year that describes Oregon’s progress toward achievement of the greenhouse gas emissions reduction goals established by ORS 468A.205. 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 Oregon and to prepare for those impacts. [2007 c.907 §14; 2023 c.442 §49]
Note:
See note under 468A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.265 - Definitions.

As used in ORS 468A.265 to 468A.277:
(1) "Biodiesel" means a motor vehicle fuel consisting of mono-alkyl esters of long chain fatty acids derived from vegetable oils, animal fats or other nonpetroleum resources, not including palm oil.
(2) "Clean fuels program" means the program adopted by rule by the Environmental Quality Commission under ORS 468A.266 (1)(b).
(3) "Compliance period" means the calendar year during which a regulated party must demonstrate compliance with the low carbon fuel standards through participation in the clean fuels program.
(4) "Credit" means a unit of measure generated when a fuel with a carbon intensity that is less than the applicable low carbon fuel standard is produced, imported or dispensed for use in Oregon, such that one credit is equal to one metric ton of carbon dioxide equivalent.
(5) "Credit aggregator" means a person who voluntarily registers to participate in the clean fuels program to facilitate credit generation on behalf of a credit generator and to trade credits with regulated parties, credit generators and other credit aggregators.
(6) "Credit generator" means a person eligible to generate credits by providing fuels for use in Oregon with carbon intensities less than the applicable low carbon fuel standard.
(7) "Deferral" means a delay or change in the applicability of a scheduled applicable low carbon fuel standard for a period of time, accomplished pursuant to an order issued under ORS 468A.273 or 468A.274.
(8) "Deficit" means a unit of measure generated when a fuel with a carbon intensity that is more than the applicable low carbon fuel standard is produced, imported or dispensed for use in Oregon, such that one deficit is equal to one metric ton of carbon dioxide equivalent.
(9) "Greenhouse gas" has the meaning given that term in ORS 468A.210.
(10) "Low carbon fuel standard" means a standard adopted by the commission by rule under ORS 468A.266 for the reduction of greenhouse gas emissions, on average, per unit of fuel energy.
(11) "Motor vehicle" has the meaning given that term in ORS 801.360.
(12) "Regulated party" means a person responsible for complying with the low carbon fuel standards.
(13) "Small deficit" means a net deficit balance at the end of a compliance period, after retirement of all credits held by a regulated party, that does not exceed a percentage set by the commission by rule of the total number of deficits that the regulated party generated for a compliance period and that may not be greater than 10 percent of the total number of deficits that the regulated party generated for a compliance period. [2017 c.750 §159]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.268 - Conditions for considering biodiesel as low carbon fuel; rules.

(1) The Environmental Quality Commission by rule shall prohibit fuel that consists entirely of biodiesel, designated as B100, from being considered a low carbon fuel under the low carbon fuel standards unless the fuel complies with ASTM D 6751 and has an oxidation stability induction period of not less than eight hours as determined by the test method described in European standard EN 15751.
(2) The commission may adopt rules different from those required under subsection (1) of this section if an ASTM or EN standard applicable to biodiesel is approved or amended after March 12, 2015, or if the commission finds that different rules are necessary due to changes in technology or fuel testing or production methods. [2017 c.750 §161]