Monday, March 7, 2016

SB 1547: A Step on Oregon’s Path to Reducing Greenhouse Gas Emissions:




By Andrea Lang, Energy Fellow
 
Credit: Oregonlegislature.gov
Last Wednesday’s passage of SB 1547, called the “Clean Electricity and Coal Transition Act,” marked a historic first step towards reducing Oregon’s carbon footprint. The bill is the first in the nation to attempt to completely eliminate coal from a state’s electricity supply, and may be the first of many steps on the path towards getting Oregon on track to meet its goal of reducing greenhouse gas emissions to75% below 1990 emission levels by 2050. This blog explores what the bill achieves and outlines future strategies Oregon could pursue to achieve its emission reduction goals. 

What does the bill do?

The Clean Electricity and Coal Transition Act contains a number of components aimed at reducing carbon emissions. To summarize, the bill: (1) requires the state’s two investor-owned utilities to eliminate coal-fired generation from their retail electricity mix in Oregon by 2035 (with an exemption for short-term wholesale purchases), (2) increases the state’s renewable portfolio standard to require that 50% of Oregon’s electricity comes from renewable sources by 2040, (3) creates a community solar program, and (4) allows utilities to propose transportation electrification projects. 

What other policy options are available?

There is no doubt that the bill improves on existing policies to reduce Oregon’s carbon emissions. However, this bill should not be the “end of the line” in terms of Oregon’s actions to address climate change. In fact, when lawmakers and advocates discussed a previous and nearly identical version of SB 1547 in the Senate Committee on Business and Transportation in February, Oregon Public Utility Commissioner Susan Ackerman stated that she thought there were better policies to address greenhouse gas emissions. Specifically, she identified cap-and-trade and carbon tax policies as being effective, low-cost ways to reduce emissions in the state, and also said that she thought such policies could coexist with and supplement the Clean Electricity and Coal Transition Act. 

Cap-and-trade programs, such as the program currently in place in California, work by mandating a cap on emissions, allocating emission allowances, and allowing emitters to buy and sell those allowances. By creating a finite number of tradable emission allowances, cap-and-trade policies create an incentive to reduce emissions by establishing a market for buying and selling allowances. Oregon had considered enacting a cap-and-trade policy this year, but the bill did not make it out of committee. 

A carbon tax is the other obvious policy option for Oregonians to consider as a next step. This relatively straightforward policy would involve levying a per-ton tax on carbon dioxide emissions. As a result of the tax, emitters are forced to consider whether the benefits gained from emitting carbon are greater than the cost of the tax. In addition, the revenues generated could be used to offset other tax burdens, mitigate the effects of climate change, or support other efforts to reduce emissions. A Congressional Budget Office study concluded that carbon taxes can be up to five times more effective than a cap-and-trade system, but voters often find the idea of a “tax” hard to swallow, making such policies politically difficult to enact.  However, British Columbia has already adopted a carbon tax, and Washington is currently considering one as a result of a successful ballot initiative. 

Adoption of either of these policy options could be the next step in reducing Oregon’s carbon emissions once Governor Brown signs the Clean Electricity and Coal Transition Act into law.

Is piecemeal policy-making enough?

In addition to considering individual policies to address carbon emissions, it is time for Oregon to carefully assess whether its existing energy governance framework is sufficient to address the problems facing the state. Climate change, along with a rapidly transforming electricity system, likely necessitates a reform of the state’s energy governance. For example, New York is attempting to reform its energy system through its “Reforming the Energy Vision” (REV) initiative. The REV aims to develop a comprehensive strategy to evaluate the ways the electricity system is changing or should change, and to address those changes. As we explained in our Countdown to 2050 Report, Oregon is sorely lacking a comprehensive policy framework to facilitate the transition to a 21st century energy system. Continuing to enact piecemeal policies without adopting a comprehensive strategy and establishing an effective governance system to properly implement such policies is ineffective. 

Thus, it’s important that the passage of the Clean Electricity and Coal Transition Act does not make renewable energy and climate advocates complacent. To be sure, the bill is a useful step in the right direction, but it’s only one of many steps on the path to meeting Oregon’s emission reduction goals and transitioning to a 100% renewable power grid.


Tuesday, March 1, 2016

EPA Nears Important Milestone on Portland Superfund




What's contaminating the Portland Harbor and how does EPA plan to clean it up?

By Brandon Kline, Energy Law Fellow

The Portland Harbor Superfund Site in Portland, Oregon, is the result of more than a century of industrial use along the Willamette River. Credit: U.S. Environmental Protection Agency, Region 10 (Pacific Northwest).

Early in its history, Portland's economy was fueled by its riparian location – adjacent to the largest river in the Pacific Northwest, the Columbia River, and its 187-mile long tributary, the Willamette River – which provided easy transportation access to the Pacific Ocean. This position created a dynamic shipping and supply hub, which led to more than a century of intense industrial use along the Portland Harbor, the first 12 miles of the Willamette River.
Following years of industrial use and urban development, the U.S. EPA added the Portland Harbor to its National Priority List (NPL) in December 2000, triggering the Comprehensive Environmental Remediation Cleanup, Liability Act (CERCLA, 42 U.S.C. §§9601-9675). CERCLA also creates a Trust Fund (or “Superfund”) to provide for emergency responses and long term cleanups, generally financed by potentially responsible parties, rather than Congressional appropriations. Portland Harbor is among more than 1,300 hazardous waste sites around the country, which in the EPA Administrator’s judgment, contains substances that may present “substantial danger” to the public health or welfare or the environment. See CERCLA §102. Only sites on the NPL may qualify for long-term remedial actions financed by the Superfund.
Superfund sites are areas where toxic chemicals have been suspected of being released into the environment, and the EPA has determined that an investigation of the type and severity of such releases is needed. The EPA also researches which party or parties may be responsible for the contamination (i.e., Potentially Responsible Parties). See CERCLA §107(a), creating liability framework for responsible parties. Thus, once EPA has named a contaminated property to the NPL, past, present and future property occupants face “strict liability” that is “joint and several” for cleaning up any hazardous substances posing a substantial danger to the public. Here, potentially responsible parties have voluntarily formed the Lower Willamette Group to work with EPA to remediate the Portland Harbor.
The Portland Harbor area under study and planning for the cleanup of contaminated river sediments is roughly 10 miles, extending from the Columbia Slough to the Broadway Bridge. Federal and state authorities have been developing a proposed cleanup plan, which is anticipated to be complete in spring 2016. According to the Portland Tribune, the EPA is hopeful it can approve the plan by December.
Why Does the Portland Harbor Need to Be Cleaned Up?
Studies show contaminants at Portland Harbor pose unacceptable risks to people, fish and wildlife. According to the EPA, water and sediments along Portland Harbor are contaminated with many hazardous substances, including heavy metals, polychlorinated biphenyls (PCBs), polynuclear aromatic hydrocarbons (PAH), dioxin and pesticides. These compounds have been found to be harmful to people and the environment. Because of the contamination, some types of fish found in Portland Harbor, such as bass, carp and catfish currently pose a health risk to those who eat them.
The EPA will draft a proposed plan that recommends a cleanup path for the harbor (expected later in 2016).

The EPA is months away from reaching a final decision about how the Portland Harbor will be cleaned up.


EPA Community Sessions Mark Key Milestone.
On February 23, the Portland Harbor Community Advisory Group reviewed community concerns and questions about the Feasibility Study. The EPA will also continue to hold community information sessions in advance of releasing its Portland Harbor Cleanup Plan this spring. During the community information session, the EPA will provide background on the Portland Harbor and discuss why the cleanup matters to the community. These sessions provide a valuable opportunity for the public to provide input. Because the Portland Harbor is a critical part of the regional ecosystem, all community members should be engaged.

Attend an upcoming EPA Community Meeting: 
·         Thursday, March 3, live webinar, Register now
Online information and discussion session: 7:00-8:00 pm 
·         Thursday, March 17, Gray’s Landing (Community Room), 0650 SW Lowell St., Portland (near Old Spaghetti Factory – southwest waterfront)
Open house: 6:30-7:00 pm; Information and discussion session: 7:00-8:30 pm 
·         Saturday, March 26, Oregon Museum of Science & Industry, 1945 SE Water Ave., Portland, featuring graphic facilitator Martha Bean
Open house: 11:30 am-12:00 pm; Information and discussion session: 12:00-1:30 pm