2009 Legislative Recap for Oregon

In a legislative session challenged by a floundering economy, there were both victories and losses for Oregon’s environment. OEC introduced and supported an ambitious slate of proposals that made sense for both the environment and the economy. We aimed to protect the health of Oregon’s children, slow global warming, provide new transportation choices and address the economic crisis through job creation. Here’s how we did:

Environmental victories

Slowing global warming and promoting a sustainable economy: OEC helped form and worked with the Healthy Climate Partnership to advocate for a prosperous, clean energy economy and transportation system providing good jobs, creating energy security, reducing global warming pollution and ensuring a better legacy for our children.

Victories included:

HB 2186: Transportation fuel providers must now begin to do their fair share to slow global warming through a low-carbon fuel standard, requiring them to reduce the greenhouse gas (GHG) intensity of the fuel mix they sell into Oregon by 10% by 2020. Also gives DEQ the authority to develop additional strategies to reduce GHGs from transportation and sets up a task force to evaluate how metropolitan areas can reduce GHGs through better transportation and land use decisions. Read more about the Low-Carbon Fuel Standard [PDF]

SB 34: As ridership increases and the need for transportation options becomes even more critical, TriMet and Lane Transit District are now allowed to increase their transit payroll tax.

HB 2626: Creates a funding structure for energy efficiency loans.

SB 101: creates a greenhouse gas emissions performance standard, requiring that new long-term contracts for power must come from a source at least as clean as that of natural gas, eliminating dirty coal plants from our energy mix.

SB 79: adopts energy codes that achieve net zero emissions for new residential and commercial buildings by 2030; increases the energy efficiency of the residential code by up to 15% and the commercial code by up to 25% by 2012.

SB 38: creates a reporting requirement for carbon emissions in Oregon for persons who import, sell or distribute electricity or fossil fuels.

Protecting kids from toxic pollution: OEC worked with a broad-based advisory committee to create high-performing schools that reduce student and staff exposure to chemicals of concern, improve academic performance and staff productivity, and reduce facility maintenance and operational costs. We passed two out of four healthy schools bills, and provided strategic support for passage of two additional bills that reduce toxic pollution. 

SB 596: Oregon became the fourth state to pass a ban on the toxic flame retardant, Deca-BDE. Cost-effective alternatives exist for this toxic flame retardant, which is common in mattresses and other household products. Low doses of Deca and its compounds can cause a variety of health problems.

SB 637: K-12 schools and community colleges are required to utilize integrated pest management, a least-toxic pest management strategy that effectively controls indoor and outdoor pests.

HB 2795: Schools are required to replace or retrofit all diesel school buses by 2017, protecting kids from asthma attacks and long-term health threats triggered by diesel exhaust.

SB 2999: Changes to Oregon’s Pesticide Use Reporting System will result in more useful data (watershed level reporting instead of basin-wide), and the program has been extended through2019 though it was not funded this session.

Other significant bills included:

HB 3369: Ensures responsible approaches to water management in Eastern Oregon - including steps toward water conservation.

Mixed bag

HB 2001: The funds raised by the highways-heavy transportation package are heavily skewed toward road building, rather than multimodal transportation and repair and preservation of our existing transportation system. The legislature earmarked a list of modernization projects, several of which will result in sprawl and greater greenhouse gas emissions.

The transportation package will do more environmental harm than good, but positives include development of least-cost planning, a requirement that the Portland metro region adopt land use and transportation measures that reduce GHGs, incorporation of environmental performance standards into design and construction of all state highway construction projects and improved selection criteria for these projects, extension of the pay-as-you-drive auto insurance tax credit achieved by OEC in 2003, and incentives for electric vehicle use. Read OEC’s full analysis of the Jobs & Transportation Act. [PDF]

HB 3039: Establishes a feed-in tariff program for solar energy, helping to scale up solar. But the bill also waters down the Renewable Energy Standard by giving solar energy projects double credit towards meeting the standard.  As a result, there will be less overall investment in renewable energy and the utilities will be able to use more fossil fuels to supply our power.

Losses through legislative inaction

OEC forwarded two bills to address chemical exposure at a more comprehensive level. While neither passed, we have been hearing from legislators that this comprehensive approach makes sense to them and that they want to revisit these policies in 2011. 

HB 2940: The rollback of Renewable Energy Standard. This bill watered-down the Renewable Energy Standard passed in 2007. It allows some energy sources in place before 1995 to meet the Renewable Energy Standard passed in 2007. These are not new sources of energy, and their inclusion cuts the gains envisioned under the standard by a quarter. Credit for pre-existing biomass and low-impact hydro facilities should be allowed only if producers expand capacity and upgrade facilities.

HB 2184: Would have updated Oregon’s Bottle Bill.

HB 2367: would have banned the use of bisphenol A in children’s products, a chemical linked to reduced fertility, breast cancer, prostate cancer, and obesity. Read more about the Children's Safe Products Act [PDF]

HB 2792: would have allowed the Oregon Department of Human Services to regulate toxics in children’s products.

HB 3357: Budgetary fears put green design and construction of schools on hold, but green building policies are on the agenda of a school facilities task force to be convened by the legislature post session. Read more about Healthy Schools [PDF]

SB 80: Originally a cap and invest bill, SB 80 was the cornerstone of the Governor’s climate change agenda. We worked hard to make reasonable compromises with opponents, but amendments weakened it so significantly that we ended up opposing the bill. Read more about Oregon's solutions to global warming and contributions to a clean energy economy [PDF]

SB 668: Incorrect claims that it would be too costly for schools defeated a requirement for the use of safer green cleaning products in Oregon’s schools.

HB 2472: Creates limits on the Business Energy Tax Credit.

In conclusion...

Despite some of these environmental stumbling blocks, overall the legislature performed admirably given the circumstances. For advancing the goals of greenhouse gas reductions, protecting children from environmental harm and advancing conservation issues, we thank the 75th Legislative Assembly. We look forward to legislative action in the future that continues to shape our state’s national reputation as an environmental leader and demonstrates that protecting the environment is good for Oregon’s economy and creating jobs.