Oregon Carbon Bills in 2015 Legislature

List of current bills in 2015 Oregon Legislature. (v4 3.23.15)  Please let me know if you note something missing:  tom@policyinteractive or  541 726 7116

2015 House Constitutional Amendment Referrals to the Voters:

  • HJR 10 [energy&environment] Proposes amendment to Oregon Constitution allowing Legislative Assembly to impose fees on carbon emission based fuels used in transportation for purpose of funding reductions in carbon emissions and carbon fuel use.

Statutory Bills for Vote by Legislators:

  •  HJR 11 [energy&environment > revenue]  Repeals Article 9 Sec. 3b clause from Oregon Constitution, being 6% limit of taxes imposed on non-transportation use oil and gas.
  • HB 2082 [E&E >Rev.>Ways&Means] Imposes tax on each fuel supplier and utility based on amount of carbon in carbon-based fuel that is sold by fuel supplier to consumers in state or that is used to produce carbon-generated electricity supplied by utility to consumers in state. Allows biomass by exclusion; Does not specify Life Cycle Analysis in tax computations;  Sec.5a likely kicks in federal constitutional latent commerce clause by virture of Oregon Constitution A9.S3b being a poison pill for purposes of this entire bill as per Galpern analysis.  
  • HB 2159 [E&E >Rev.>Ways&Means] Imposes tax on each fuel supplier and utility based on amount of carbon in carbon-based fuel that is sold by fuel supplier to consumers in state or that is used to produce carbon-generated electricity supplied by utility to consumers in state.Specifies $150/mton CO2 tax rate, references specifically Ore.Con. A9.3b, all comments made above in 2082 also apply to this bill, as such predictably has no capability of delivering intended outcomes of the proposed Conservation Fund, this bill is a non-starter.  
  • HB 2192 [E&E, adopted see SB324] Repeals sunset on provisions related to low carbon fuel standards.
  • HB 2450 [E&E, adopted, see SB324] Repeals sunset on provisions related to low carbon fuel standards.
  • HB 2572 [E&E] Mandates carbon footprint labeling on all consumer products sold or offered for sale in state on and after January 1, 2016.
  • HB 2586 [E&E] Requires electric companies to account for external cost of carbon in integrated resource plans submitted to Public Utility Commission.
  • HB2729 [E&E] Requires electric companies to reduce allocation of electricity from coal-derived generating resources to zero on or before January 1, 2025, to customers of electric company that are located in this state. Requires electric companies to replace coal-derived generating resources with mix of en- ergy resources that are at least 90 percent cleaner than coal-derived generating resources.
  • HB 3173 [E&E] Requires Higher Education Coordinating Commission to determine if any public universities have interest and ability to effectively conduct research and development on carbon reduction technologies.
  • HB3176 [E&E>Rev.] Imposes fee on fossil fuel or fossil fuel based electricity, refunds proceeds to taxpayers and their dependents , effective Jan.1, 2016 Requires 3/5 legislative majority to pass; specifies $30/ton +$10/year CPA adjusted carbon fee, $50 million/year pre-refund retained.   Distribution of $50 million retention unclear; carbon fees computation does not specify LCA analysis or directive to agency “best science”; legal analysis suggests this bill objectives are fundamentally constrained or prevented by Or Const. Art9 S3 exclusions per Galpern analysis.
  • HB 3091 [E&E, hearing 3-26] Requires Department of Environmental Quality to conduct study of State of Oregon’s return on investments, for period beginning July 1, 2005, and ending June 30, 2014, in programs adopted by state to reduce carbon emissions.
  • HB 3250 [E&E] Requires Environmental Quality Commission to adopt carbon cap-and-dividend program. Stipulates & authorizes DEQ & EQC administration of stipulated emission targets;  stipulates emissions exactly: 1990 level by 2020, 40% below 1990 by 2030, 85% blow 1990 by 2050, (shouldn’t this  be “not less than”?); does not address LCA or “best science” methodology computations; stipulates auction of allocations which creates State revenues (wouldn’t this trigger 3/5 majority rule?); refunds program proceeds to taxpayers and their dependents except retains first $50 million; authorizes ODoR to allocate funding support for the program.  
  • HB 3252 [E&E>Rev.] Imposes tax on each fuel supplier and utility based on amount of carbon in carbon-based fuel that is sold by fuel supplier to consumers in this state or that is used to produce carbon-generated electricity supplied by utility to consumers in this state.
  • HB 3470 (known as Climate Stability & Justice Act of Oregon)[2015 E&E] Provides comprehensive integration of existing emission reduction programs, converts goals of 2013 legislative action into requirements for CO2e emissions to be reduced to not less than 10% below 1990 levels by 2020, not less than 75% below 1990 levels by 2050; authorizes and requires EQC & DEQ implementation; stipulates agency shall measure, and may adjust strategy to meet targets every five years, authorizes market based compliance mechanism (cap and allocation), stipulates cooperation with compatible objectives of other state or federal jurisdictions, requires ameliorative strategies for impacts on low income communities, sets compliance deadlines. This bill integrates existing programs and establishes 2013 Legislative GHG emission goals as requirements; authorizes new compliance incentives and establishes explicit minimum targets;5 year interim measurement reports and strategy adjustments.  Final bill language omitted key clauses from original draft including: 1) LCA accounting methods (“Source emission accounting shall apply full accounting practices which include final use as well as production and delivery losses which result in greenhouse gas emissions”), 2) modified application of “best available science” from “must” to “may”, and  3) omitted interim accounting findings of short fall provisions requiring adjusted compliance strategies (“Failure to meet initial reduction limits or interim targets shall require the agency and commission to adjust regulatory mechanisms to compensate and make up for unmet objectives in subsequent five year target period(s)).   

 

2015 SENATE:

Statutory Bills for Vote by Legislature:

  • SB 324 [2015 Legislature&GovSigned] Repeals sunset on provisions related to low carbon fuel standards.
  • SB477 [same as HB 2729] Requires electric companies to reduce allocation of electricity from coal-derived generating re-sources to zero on or before January 1, 2025
  • SB 752 [E&NR, one hearing held] Conditionally exempts from regulation under certain air pollution laws carbon dioxide emissions from combustion or decomposition of biomass.