WASHINGTON, D.C. -- Oregon Gov. Theodore R. Kulongoski (D) recently used his line item veto authority on Section 6 of Oregon House Bill 5135, to pave the way for new emissions standards.
Section 6 had stated, “Neither the Department of Environmental Quality nor the Environmental Quality Commission may expend any moneys for the biennium beginning July 1, 2005, to adopt or enforce rules that impose the California auto emission standards on motor vehicles sold, leased or titled in Oregon.”
In a letter to Secretary of State Bill Bradbury, Kulongoski stated his authority for such a line item veto. “Under Article 5, Section 15a of the Oregon Constitution, the Governor of Oregon has ‘the power to veto single items in appropriations bills, … without thereby affecting any other provision of such bill.’ In accordance with Article V, Section 15a, I hereby disapprove and veto Section 6 of Enrolled House Bill 5135, without affecting the remaining provisions of the bill.”
The Oregon Legislature passed H.R. 5135 that would have excluded the Oregon Department of Environmental Quality from enacting the California vehicle emission standards in the state. Without Oregon’s agreement to adopt the standards, Washington State would not adopt the California standards.
Washington’s legislation, H.B. 1397 - signed by Gov. Christine Gregoire - depended on Oregon also adopting the standards. H.B. 1397 states, “The rules are effective for only those model years for which the state of Oregon adopts the California emission standards.”
“Governor Kulongoski’s veto clears the way for both states to adopt California’s vehicle emission standards. We urge Oregon to exclude California’s policy establishing a 15-year/150,000-mile warranty on these vehicles,” said Bob Redding, the Automotive Service Association’s Washington, D.C., representative.
Redding added, “California’s super warranty is harmful to the independent repair industry. Our shops may never see these vehicles in Oregon if the super warranty is implemented.”