In March 2020, following the abrupt end of the 2020 Legislative Session, Governor Kate Brown issued Executive Order 20-04, which sets new Greenhouse Gas (GHG) emission reduction goals and directs state agencies to “take actions to reduce and regulate greenhouse gas emissions.”  The Department of Environmental Quality (DEQ) and the Department of Land Conservation and Development (DLCD) initiated rulemaking under the executive order, in partnership with the Department of Transportation (ODOT). These state agencies, under the direction of their commissions, are pursuing significant administrative rule amendments to create programs and processes that reduce emissions and mitigate the impacts of climate change.  

AOC policy staff has been engaged in and monitoring these processes to advocate for county priorities. Below is a brief update on the current status of the rulemaking underway.

DEQ Climate Protection Program

The DEQ recently concluded the rulemaking advisory committee process on a GHG emissions reduction program and is accepting comments until October 4, 2021. The proposed “Climate Protection Program” sets declining caps on emissions from fossil fuels and mandates that certain site-specific emitters, such as industrial facilities, pursue the “best available emissions reduction approach.” Fuel suppliers can earn credits by making financial contributions – known under the program as Community Climate Investments (CCI) – to DEQ-approved third-party entities engaged in GHG reduction projects. The CCI entity and project approval process will prioritize those that will achieve the greatest benefit for the communities most burdened by the impacts of climate change and air contamination.   

Wallowa County Commissioner John Hillock and Yamhill County Commissioner Casey Kulla served as members of the rules advisory committee and provided feedback on behalf of their communities throughout the process. A comprehensive Notice of Proposed Rulemaking can be found here and public comments can be submitted to GHGCR2021@deq.state.or.us.

DLCD Climate Friendly and Equitable Communities Rulemaking

The Land Conservation and Development Commission initiated the “Climate Friendly and Equitable Communities” rulemaking at their September 2020 meeting, tasking the department staff and the advisory committee with amending Oregon’s administrative rules around transportation and housing planning to reduce GHG emissions and create more equitable outcomes in communities. These rules primarily impact only Oregon’s eight federally designated metropolitan planning organization areas with populations over 50,000, but some of the proposed rule changes do have a statewide impact.

The Climate Friendly and Equitable Communities draft rules require an increased level of scenario planning for GHG reductions in metro areas and make updates to the statewide land use and transportation planning requirements. The designation of walkable, mixed-use areas with focused transportation investments, elimination of parking mandates, and housing density requirements – referred to as Climate Friendly Areas and focused primarily on cities – are central to the rulemaking effort.  

AOC Legislative Affairs Manager, Mallorie Roberts represents AOC on the DLCD rules advisory committee and, in partnership with the League of Oregon Cities (LOC), organizes a group of staff from impacted cities and counties to closely analyze and strategize around the complicated and consequential proposals. AOC and its local government partners generally agree with the goals of the rulemaking process and are particularly focused on ensuring adequate review by local government technical experts so the requirements are implementable on the ground.  

Based on input from county planning departments AOC, LOC, and Metro offered joint testimony to the DLCD commission at their September 23 meeting requesting that:

  • Deadlines be aligned with existing planning schedules;
  • The rules build on and allow for coordination with efforts currently underway at the local level;
  • An outcomes-based approach be used that would allow local governments flexibility, creating a more locally-driven process with actions tailored to unique community needs; and 
  • Any new requirements come with adequate funding.

During their September 2021 meeting, the commission extended the rulemaking deadline from March to May 2022 in response to a request from a group of advisory committee members and stakeholders, including AOC, LOC, and 1,000 Friends of Oregon.  

Opportunity to Engage with DLCD: Climate Friendly and Equitable Communities – Community Conversations and Virtual Workshops

The DLCD is offering a series of regional public engagement opportunities for stakeholder input on community impacts of this new program. A schedule of these virtual workshops is provided below. More information can be found on the DLCD website.

October 25 6:30 – 8:30 PM     Southern Oregon (register here)

October 26 Noon – 1:30 PM   Bend, Corvallis, Albany (register here)

October 27 6:30 – 8:30 PM     Salem, Eugene, Keizer, Springfield (register here)

October 28 11 AM – 12:30 PM   Portland Metro (register here)

AOC Conference Session

As a part of AOC’s engagement with these processes, AOC will feature an educational session at its Annual Conference in November that highlights the progress of these efforts and the impacts to counties. The session will include a panel presentation by representatives from the DEQ, ODOT, and DLCD. Participants will be able to ask questions and learn more about the initiatives.

Contributed by: Mallorie Roberts | Legislative Affairs Manager