Title 36A, Housing; Lottery and Games; Environment

As used in ORS chapters 468, 468A and 468B, unless the context requires otherwise: (1) “Air-cleaning device” means any method, process or equipment which removes, reduces or renders less noxious air contaminants prior to their discharge in the atmosphere. (2) “Air contaminant” me…

(1) In the interest of the public health and welfare of the people, it is declared to be the public policy of the State of Oregon: (a) To restore and maintain the quality of the air resources of the state in a condition as free from air pollution as is practicable, consistent wit…

It is the purpose of the air pollution laws contained in 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 to safeguard the air resources of the state by controlling, abating and preventing air pollutio…

(1) Except as provided in subsection (2) of this section, the air pollution laws contained in ORS chapters 468, 468A and 468B do not apply to: (a) Agricultural operations, including but not limited to: (A) Growing or harvesting crops; (B) Raising fowl or animals; (C) Clearing or …

(1) By rule the Environmental Quality Commission may establish areas of the state and prescribe the degree of air pollution or air contamination that may be permitted therein, as air purity standards for such areas. (2) In determining air purity standards, the commission shall co…

The several liabilities which may be imposed pursuant to 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 upon persons violating the provisions of any rule, standard or order of the Environmental Quali…

Subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality shall prepare and develop a general comprehensive plan for the control or abatement of existing air pollution and for the control or prevention of new air pollution in any…

(1) By rule the Environmental Quality Commission may require permits for air contamination sources classified by type of air contaminants, by type of air contamination source or by area of the state. The permits shall be issued as provided in ORS 468.065. A permit subject to the …

(1) Without first obtaining a permit pursuant to ORS 468.065, 468A.040 or 468A.155, no person shall: (a) Discharge, emit or allow to be discharged or emitted any air contaminant for which a permit is required under ORS 468A.040 into the outdoor atmosphere from any air contaminati…

(1) By rule the Environmental Quality Commission may classify air contamination sources according to levels and types of emissions and other characteristics which cause or tend to cause or contribute to air pollution and may require registration or reporting or both for any such …

(1) The Environmental Quality Commission may require notice prior to the construction of new air contamination sources specified by class or classes in its rules or standards relating to air pollution. (2) Within 30 days of receipt of such notice, the commission may require, as a…

Any person who complies with the provisions of ORS 468A.055 and receives notification that construction may proceed in accordance therewith is not thereby relieved from complying with any other applicable law, rule or standard. [Formerly 449.739 and then 468.330]

Whenever under the provisions of ORS 468A.050 to 468A.070 rules or standards are adopted by either the Environmental Quality Commission or a regional authority, the commission or regional authority shall furnish to all building permit issuing agencies within its jurisdiction copi…

(1) Pursuant to rules adopted by the Environmental Quality Commission, the Department of Environmental Quality shall establish a program for measurement and testing of contamination sources and may perform such sampling or testing or may require any person in control of an air co…

(1) The Environmental Quality Commission may grant specific variances which may be limited in time from the particular requirements of any rule or standard to such specific persons or class of persons or such specific air contamination source, upon such conditions as it may consi…

(1) Upon issuance of a permit pursuant to ORS 522.115, the Director of the Department of Environmental Quality shall accept applications for such appropriate permits under air and water pollution control laws as are necessary for the drilling of a geothermal well for which the pe…

(1) The Environmental Quality Commission shall establish by rule periods during which open burning of vegetative debris from residential yard cleanup shall be allowed or disallowed based on daily air quality and meteorological conditions as determined by the Department of Environ…

As used in ORS 468A.010 and 468A.100 to 468A.180, unless the context requires otherwise: (1) “Board of directors” means the board of directors of a regional air quality control authority. (2) “Governing body” means the county court or city legislative body. (3) “Participating cit…

(1) Notwithstanding the provisions of any law or charter to the contrary, a regional air quality control authority may be formed of contiguous territory having a population of at least 130,000 and consisting of two or more counties or parts of counties, two or more cities, or any…

The Environmental Quality Commission may waive the population requirement of ORS 468A.105 whenever it is satisfied that adequate financing is planned by the participating governments and that the boundaries of the proposed region encompass territory reasonably included within a r…

A regional air quality control authority is a body corporate, having perpetual succession and may: (1) Sue and be sued. (2) Adopt a seal. (3) Acquire and hold real and other property necessary or incident to the exercise of its functions and sell or otherwise dispose of such prop…

(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. …

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 i…

(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 ef…

(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, 468.06…

(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 commi…

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…

(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 …

(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) Con…

(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 th…

(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…

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…

(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 …

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] CLIMAT…

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 resili…

The Legislative Assembly declares that it is the policy of this state to: (1) Implement strategies to advance natural climate solutions to mitigate the future impacts of climate change. (2) Invest in research to improve our understanding of: (a) The effects of natural climate sol…

(1)(a) 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. (b) The Natural and Working Lands Fund consists of moneys appropriated…

(1)(a) The Oregon Climate Action Commission shall annually determine amounts to be allocated from the Natural and Working Lands Fund. The commission shall evaluate the following factors when determining amounts to allocate under this subsection: (A) The expected ability of each a…

(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 Watersh…

(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 L…

(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 Dev…

(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…

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 oppor…

The Legislative Assembly finds that: (1) In December 2004 the Governor’s Advisory Group on Global Warming issued its report calling for immediate and significant action to address global warming, to reduce Oregon’s exposure to the risks of global warming and to begin to prepare f…

(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 green…

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,…

(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 s…

(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…

(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 …

The Oregon Climate Action Commission may adopt by rule such standards and procedures as it considers necessary for the operation of the commission. [2007 c.907 §8; 2023 c.442 §43] Note: See note under 468A.200.