70th OREGON LEGISLATIVE ASSEMBLY--1999 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 1787
House Bill 3135
Sponsored by Representative WELLS; Representative PIERCY (at the
request of Stewardship Planned Partnership)
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.
Declares sustainable development as policy goal of State of
Oregon. Establishes Sustainable Development Task Force to study
feasibility of adopting goal oriented and performance based
regulatory system to achieve goal.
Declares emergency, effective July 1, 1999.
A BILL FOR AN ACT
Relating to sustainable development study; appropriating money;
limiting expenditures; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 5 of this 1999 Act:
(1) 'Benchmarks' means interim indicators that measure the
progress in achieving measurable objectives and long term
measurable goals.
(2) 'Long term measurable goals' means the attainment of the
condition for a parameter that is necessary to achieve
sustainable development within 25 years.
(3) 'Measurable objectives' means measurable achievements at
specific points in time, typically in two- to five-year segments
that over the duration achieve long term measurable goals.
(4) 'Natural resource agency' includes the Office of Energy,
Department of Land Conservation and Development, Environmental
Quality Commission, State Department of Geology and Mineral
Industries, State Department of Fish and Wildlife, Water
Resources Department, State Forestry Department, Division of
State Lands, State Parks and Recreation Department and State
Department of Agriculture.
(5) 'Sustainable development' means managing the use,
development and protection of natural and physical resources in a
way, or at a rate, that enables people to meet their current
needs without compromising the ability of future generations to
meet their own needs. + }
SECTION 2. { + The Legislative Assembly finds and declares
that:
(1) In order to establish a policy of sustainable development,
the State of Oregon must achieve the following intermediate value
goals:
(a) A competitive and balanced economy;
(b) A healthy environment;
(c) A continuing resource base; and
(d) Communities that provide a good quality of life, for both
current and future generations of Oregonians.
(2) Although Oregon has made progress toward the goals set
forth in subsection (1) of this section, Oregon lacks an
integrated strategy for achieving these goals concurrently.
Oregon also lacks established mechanisms for measuring the
success of activities implemented to achieve these goals.
(3) To develop an integrated strategy for achieving the four
goals set forth in subsection (1) of this section, and thus
establishing a sustainable development policy, the State of
Oregon must:
(a) Examine the feasibility of establishing clear, long term
measurable goals for environmental and natural resource
stewardship along with measurable objectives and interim
benchmarks to monitor progress towards the goals in accordance
with ORS 291.110 and 291.200;
(b) Examine a performance based system in which long term
measurable goals can be attained by carefully monitored and
self-generated, incentive based strategies that improve the
efficiency and effectiveness of environmental management and
regulation for businesses, communities and government; and
(c) Integrate environmental and natural resource goals with
economic and societal goals. + }
SECTION 3. { + In order to achieve the goals set forth in
section 2 (1) of this 1999 Act, the State of Oregon shall examine
an environmental and natural resource management system that is
based on a policy of sustainable development and that:
(1) Establishes clear long term measurable goals and measurable
objectives in accordance with ORS 291.110;
(2) Is incentive based and performance oriented;
(3) Allows attainment of superior environmental and natural
resource management performance by adoption of a performance
track in which entities would be held accountable for achieving
long term measurable goals but have freedom to choose how to
accomplish them;
(4) Assures predictability for participants;
(5) Is integrated, cross media, cross agency and flexible;
(6) Focuses on managing the causes of environmental degradation
rather than simply impacts;
(7) Concentrates on issues of long term ecological
significance; and
(8) Achieve the objectives of subsections (1) to (7) of this
section in the most cost-effective, economically accommodating
and community oriented manner. + }
SECTION 4. { + (1) There is created a Sustainable Development
Task Force consisting of not more than 18 members. The President
of the Senate shall appoint two at-large members, the Speaker of
the House of Representatives shall appoint two at-large members,
and the Governor shall appoint one at-large member who shall
serve as chairperson of the task force. In addition to the five
at-large members, each director of a natural resource agency
shall appoint one member. The Governor shall appoint the
remaining members of the task force to represent industry, public
interest groups and municipalities.
(2) The task force shall conduct the examination described in
section 3 of this 1999 Act and determine the viability of
adopting a goal oriented and performance based regulatory system
with sustainable development as the overarching environmental
policy for the State of Oregon.
(3) The task force may cause to be employed such persons as are
necessary to the performance of the function of the task force.
The task force shall fix the duties and amounts of compensation
of such employees. The task force shall use the services of
natural resource agency staff to the greatest extent practicable.
(4) All agencies, departments and officers of this state are
directed to assist the task force created under this section in
attaining its mission, and to furnish such information and advice
as the members of the task force consider necessary to perform
their functions.
(5) Subject to the approval of the Emergency Board, the task
force created under this section may accept contributions of
funds and assistance from the United States or its agencies or
from any other source, public or private, and agree to conditions
thereon not inconsistent with the purposes of the task force. All
such funds are to aid in financing the functions of the task
force and shall be deposited in the General Fund of the State
Treasury to the credit of separate accounts for the task force
and shall be disbursed for the purpose for which contributed in
the same manner as funds appropriated for the task force.
(6) Official action by the task force established under this
section shall require the approval of a majority of the quorum of
the task force. A majority of the members of the task force
constitutes a quorum. All legislation recommended by official
action of the task force must indicate that the legislation is
introduced at the request of the task force. Such legislation
shall be prepared in time for presession numbering and presession
filing pursuant to ORS 171.130. + }
SECTION 5. { + In accordance with the requirements established
by the Sustainable Development Task Force, each natural resource
agency shall determine the following and report to the task
force:
(1) The degree to which a state policy of sustainable
development will assist the agency in carrying out its mission.
(2) Methods for establishing long term measurable goals to
achieve sustainable development, including interim benchmarks,
from the agency's perspective.
(3) How collaboration would occur with other governmental
entities and state agencies under a policy of sustainable
development.
(4) Changes to statutes, rules, policies, intergovernmental
agreements, strategic plans, relationships with private and
nonprofit sectors and the agency's organization and processes
that would be necessary to implement a policy of sustainable
development.
(5) Whether resources are being allocated in reasonable
proportion to the ecological significance of sustainable
development and the resource allocation changes necessary to
bring the allocation into proper proportion.
(6) The extent to which new systems can be developed,
particularly incentive based programs, to achieve measurable
superior environmental protection and natural resource
management. + }
SECTION 6. { + The appointing authorities shall appoint the
members of the Sustainable Development Task Force on or before
October 1, 1999. The task force shall convene its first meeting
on or before October 15, 1999. + }
SECTION 7. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Sustainable
Development Task Force for the biennium beginning July 1, 1999,
out of the General Fund, the sum of $___, which may be expended
for the purposes set forth in section 4 of this 1999 Act. + }
SECTION 8. { + Notwithstanding any other law, the amount of
$___ is establish for the biennium beginning July 1, 1999, as the
maximum limit for payment of expenses from fees, moneys or other
revenues, including Miscellaneous Receipts, excluding federal
funds, collected or received by the Sustainable Development Task
Force. + }
SECTION 9. { + Sections 1 to 6 of this 1999 Act are repealed
on ___. + }
SECTION 10. { + This 1999 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 1999 Act takes effect
July 1, 1999. + }
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