WEBVTT 1 00:06:45.653 --> 00:06:47.947 Good afternoon, everybody. 2 00:06:48.076 --> 00:06:51.005 I am calling back to order this meeting, this recessed meeting of the Portland City Council. 3 00:06:51.103 --> 00:06:51.526 It is 2:01. 4 00:06:51.574 --> 00:06:52.127 Thank you, Mayor. 5 00:06:55.449 --> 00:06:56.336 Keelan, could we please call the roll? 6 00:06:56.850 --> 00:06:57.463 Good afternoon. 7 00:06:57.802 --> 00:06:58.269 Koyama Lane? 8 00:06:58.704 --> 00:06:58.817 Here. 9 00:06:59.204 --> 00:06:59.654 Morillo? 10 00:07:00.476 --> 00:07:00.588 Here. 11 00:07:01.346 --> 00:07:02.423 Here. 12 00:07:02.889 --> 00:07:03.194 Clark? 13 00:07:03.355 --> 00:07:03.708 Here. 14 00:07:05.685 --> 00:07:05.812 Here. 15 00:07:06.327 --> 00:07:06.504 Here. 16 00:07:07.130 --> 00:07:07.307 Here. 17 00:07:07.612 --> 00:07:07.966 Abolos? 18 00:07:08.062 --> 00:07:08.288 Present. 19 00:07:08.673 --> 00:07:09.444 Smith? 20 00:07:09.798 --> 00:07:10.040 Here. 21 00:07:10.490 --> 00:07:11.608 Kanal? 22 00:07:11.737 --> 00:07:11.963 Here. 23 00:07:12.952 --> 00:07:13.065 Here. 24 00:07:13.519 --> 00:07:13.795 Ryan? 25 00:07:15.384 --> 00:07:15.497 Here. 26 00:07:16.096 --> 00:07:16.404 Danfie? 27 00:07:17.069 --> 00:07:17.199 Here. 28 00:07:18.220 --> 00:07:20.744 And can we please read the rules of decorum for the chamber? 29 00:07:22.607 --> 00:07:23.141 Good afternoon. 30 00:07:23.336 --> 00:07:24.697 Welcome to the Portland City Council. 31 00:07:25.264 --> 00:07:30.934 To testify before council in person or virtually, you must sign up in advance on the council agenda at www.portland.gov/council/agenda. 32 00:07:33.779 --> 00:07:36.704 Information on engaging with the council can be found on the council clerk's webpage. 33 00:07:36.848 --> 00:07:40.447 Individuals may testify for 3 minutes unless the presiding officer states otherwise. 34 00:07:40.545 --> 00:07:42.795 Your microphone will be muted when your time is over. 35 00:07:43.339 --> 00:07:44.839 The presiding officer preserves order. 36 00:07:44.903 --> 00:07:50.774 Disruptive conduct such as shouting, refusing to conclude your testimony when your time is up, or interrupting others' testimony or council deliberations will not be allowed. 37 00:07:52.807 --> 00:07:54.586 If you cause a disruption, a warning will be given. 38 00:07:54.778 --> 00:07:57.088 Further disruption will result in ejection from the meeting. 39 00:07:57.199 --> 00:08:00.293 Anyone who fails to leave once ejected is subject to arrest for trespass. 40 00:08:00.951 --> 00:08:03.819 Additionally, council may take a short recess and reconvene virtually. 41 00:08:04.494 --> 00:08:06.786 Your testimony should address the matter being considered. 42 00:08:06.978 --> 00:08:08.757 When testifying, state your name for the record. 43 00:08:08.805 --> 00:08:10.151 Your address is not necessary. 44 00:08:10.745 --> 00:08:13.278 If you are a lobbyist, identify the organization you represent. 45 00:08:13.454 --> 00:08:16.740 Virtual testifiers should unmute themselves when the council clerk calls your name. 46 00:08:16.901 --> 00:08:17.221 Thank you. 47 00:08:17.798 --> 00:08:18.487 Thank you very much. 48 00:08:18.824 --> 00:08:21.004 Colleagues, we only have 2 items on our agenda today. 49 00:08:21.245 --> 00:08:22.896 We are gonna read them at the same time. 50 00:08:22.944 --> 00:08:26.036 So Keelan, can we please call items 12 and 13 together. 51 00:08:28.220 --> 00:08:40.596 Document 20— item 12, document 2026-311, adopt the Critical Energy Infrastructure Hub Policy Project to support public health and natural hazards risk reduction, amend Code Titles 33 and 24. 52 00:08:41.528 --> 00:08:59.679 Item 13, document 2026-312, add bulk fuel terminal capacity reduction regulations code to reduce critical energy infrastructure hub fuel storage by 2036 in support of hazard mitigation, add Code Chapter Thank you, colleagues. 53 00:08:59.679 --> 00:09:15.759 This is the first reading and hearing for item 2026-311, the ordinance for the recommended draft of the CEI Hub policy project, and a hearing for item number 2026-312, the ordinance for the bulk fuel terminal capacity reduction regulations. 54 00:09:15.759 --> 00:09:22.379 The legislative records for these ordinances will include presentations and discussions at the September 17th, 2026 council work session. 55 00:09:22.379 --> 00:09:22.500 Thank you, Council Clerk Keelan McClymont. 56 00:09:22.822 --> 00:09:25.327 We will take joint testimony on both items today. 57 00:09:26.115 --> 00:09:28.668 We had a full discussion of this item in work session last week. 58 00:09:29.164 --> 00:09:32.907 We're going to have a brief refresher from staff for the sake of the public record. 59 00:09:33.485 --> 00:09:39.698 We will then move to public testimony, but before we move to public testimony, I'll give councilors an opportunity to introduce amendments. 60 00:09:39.763 --> 00:09:50.878 But colleagues, I'll ask you to introduce them but not formally move them so that people in the audience are able to testify about them, and then we will move to them almost certainly next week for discussion. 61 00:09:50.990 --> 00:09:56.821 So first things first, I'd like to welcome up staff for a brief presentation. 62 00:09:56.884 --> 00:10:05.044 I believe we have Director Eric Engstrom, we have Tom Armstrong, and Patricia Diffenderfer from Planning and Sustainability. 63 00:10:05.953 --> 00:10:06.245 Welcome. 64 00:10:12.692 --> 00:10:16.577 For the sake of brevity, I'm going to turn it directly over to staff to give you the refresher. 65 00:10:17.096 --> 00:10:23.388 Thank you. 66 00:10:37.009 --> 00:10:39.322 All right, good afternoon, Council. 67 00:10:39.597 --> 00:10:40.794 Uh, I am Tom Armstrong. 68 00:10:40.842 --> 00:10:43.948 I'm a supervising planner with the Bureau of Planning and Sustainability. 69 00:10:45.485 --> 00:10:48.743 Before you today, as, as you just heard, are 2 ordinances. 70 00:10:49.336 --> 00:11:14.785 The first one includes comprehensive plan policy amendments, changes to the Title 33 zoning code to place limits on storage tank capacity and transloading infrastructure, as well as changes to Title 24, which are requirements for building permits related to the structural support with the piping of hazardous materials. 71 00:11:14.833 --> 00:11:15.091 Thank you, Mayor. 72 00:11:15.798 --> 00:11:37.408 The second ordinance is Title 17, the Capacity Reduction Program, that will place requirements on the bulk fuel terminals in the CI Hub in terms of inventory and fuel volume reporting requirements, as well as reducing storage tank capacity out to the year 2036. 73 00:11:39.485 --> 00:11:45.116 We have legislative records established for both of these ordinances that can be found in eFiles. 74 00:11:47.135 --> 00:11:58.609 All of the backup documentation, the previous reports and studies that provide the information and evidence that supports your decision. 75 00:11:59.919 --> 00:12:04.597 And those can all be found in these 2 e-file locations. 76 00:12:06.259 --> 00:12:08.788 Briefly, the comprehensive plan amendments. 77 00:12:08.966 --> 00:12:13.798 There are amendments to 2 of the existing comprehensive plan policies. 78 00:12:14.523 --> 00:12:14.893 Yes. 79 00:12:15.471 --> 00:12:39.288 Primarily to reflect the expanded limits going from just fossil fuels to include renewable fuels, as well as a suite of new policies that specifically address activities, development activities in the critical energy infrastructure hub. 80 00:12:40.148 --> 00:13:07.884 And in addition to establishing this geography and providing direction, there is a suite of subpolicies that get into specific issues such as seismic upgrades, environmental protection, interagency coordination, community resilience, and a— the future issue of considering limits on the storage of nonfuel—. 81 00:13:07.884 --> 00:13:08.039 Thank you. 82 00:13:08.648 --> 00:13:10.164 Non-fuel hazardous materials. 83 00:13:12.296 --> 00:13:20.235 Briefly, the Title 33 and Title 24 code amendments, just to get everybody on the same page. 84 00:13:20.927 --> 00:13:28.208 Currently, our existing zoning code requirements prohibit new bulk fossil fuel terminals. 85 00:13:28.322 --> 00:13:31.961 That is any terminal with more than 2 million gallons of storage. 86 00:13:32.831 --> 00:13:37.868 What you see here in yellow is roughly a 2.3 million gallon storage tank. 87 00:13:37.917 --> 00:13:44.778 So these are terminals with large capacity of storage capacity. 88 00:13:47.395 --> 00:13:58.155 We limit— for the existing 11 terminals that are in the CI Hub, we limit new bulk fuel storage capacity. 89 00:13:59.418 --> 00:14:01.878 So no new fossil fuel storage capacity. 90 00:14:02.999 --> 00:14:07.134 We currently allow unlimited expansions for aviation and renewable fuels. 91 00:14:07.182 --> 00:14:07.298 Thank you. 92 00:14:08.376 --> 00:14:22.724 And we currently allow unlimited expansion for transloading infrastructure, the pipes, the offloading racks, the dock connections that allows the fuel to move through the hub. 93 00:14:23.301 --> 00:14:29.393 We allow for the repair, replacement, and reconfiguration of storage, of the existing storage tanks. 94 00:14:30.193 --> 00:14:39.154 That's to support seismic improvements and to provide the terminals some flexibility to serve the market as those market needs change. 95 00:14:39.879 --> 00:14:51.342 And we see, you know, increased use of especially renewable fuels, and so that they can reconfigure their existing fossil fuel capacity to serve those markets. 96 00:14:53.879 --> 00:15:06.336 The recommended zoning code changes place further limits on the expansion of storage tank capacity, now including all fuel types, including aviation and including renewable fuels. 97 00:15:06.384 --> 00:15:06.644 Thank you. 98 00:15:07.767 --> 00:15:15.288 We set up a couple of different land use reviews that allow for some flexibility. 99 00:15:16.121 --> 00:15:20.900 We allow for transfers of capacity between terminals. 100 00:15:21.653 --> 00:15:33.489 We have a limited 5% expansion for aviation fuels because aviation fuel is the only fuel type that is forecasted to increase in demand over the next 20 years. 101 00:15:33.600 --> 00:15:33.745 Thank you. 102 00:15:35.687 --> 00:15:40.390 We limit the expansion of transloading infrastructure for all types of fuels. 103 00:15:41.048 --> 00:15:41.113 And—. 104 00:15:41.385 --> 00:15:55.110 But we do have a land use review that would allow for new transloading infrastructure if it meets a series of criteria to show improved safety and the need for such transloading infrastructure. 105 00:15:56.153 --> 00:16:09.081 We continue to allow for the repair, replacement, and reconfiguration of the existing storage tank capacity and transloading infrastructure, again, to support seismic improvements. 106 00:16:11.195 --> 00:16:23.964 The building code change in Title 24 really is to reinforce and match what is already required in Title 31, the fire regulations. 107 00:16:24.381 --> 00:16:43.154 But this just— this makes clear that a building permit is needed for any structural support for piping, and that this makes clear the role that Portland Permitting and Development plays in the review of such structural supports. 108 00:16:45.649 --> 00:16:48.450 The Title 17 code amendments are a little bit different. 109 00:16:51.471 --> 00:17:11.700 These capacity reduction regulations place a requirement on the terminals that by December 1st, 2036, all of the terminals must reduce their in-service fuel storage capacity by 20%. 110 00:17:14.280 --> 00:17:40.710 And this— the December 1st, 2036 number was— that date was picked, selected, To match the rough timeline of implementation of the DEQ fossil— or the DEQ fuel tank seismic stability program, where over the next 10 years or so, these terminals will all be making seismic upgrades to comply with that program. 111 00:17:41.222 --> 00:17:47.238 We want to send a clear signal to the terminals that at the end of that program, they should be planned to be 20% smaller. 112 00:17:47.351 --> 00:17:47.960 Thank you. 113 00:17:49.148 --> 00:17:54.300 We have proposed some exemptions from that reduction requirement. 114 00:17:55.247 --> 00:17:58.409 One is for regulated utilities, Northwest Natural. 115 00:17:58.858 --> 00:18:06.257 They have a single large tank out there that is used for peak wintertime heating demand. 116 00:18:07.444 --> 00:18:28.090 And so rather, they don't have a lot of flexibility to meet that reduction requirement, and we did not want to force them to rebuild We also have exceptions again for aviation fuel because that is the one fuel that is forecasted to increase in demand. 117 00:18:28.556 --> 00:18:35.852 And then anything that goes through one of those Type 3 reviews would be exempt from those reduction requirements. 118 00:18:36.733 --> 00:18:44.800 We have inventory and reporting requirements, both in terms of establishing a baseline for the storage Thank you. 119 00:18:44.865 --> 00:18:57.351 So the requirements are to establish tank capacity that's out there, but also to get better information on how much fuel is moving through the system so that we can see how those— that tank capacity is being utilized. 120 00:18:57.999 --> 00:19:06.553 And those requirements kick in essentially upon adoption and with a reporting requirement by March of 2027. 121 00:19:07.473 --> 00:19:15.306 And then again in 2036, to show how they've complied with these reduction regulations. 122 00:19:15.884 --> 00:19:31.074 We also establish review and verification processes for the information that the terminals are giving us, and then enforcement penalties for both the inventory reporting requirements and eventually the reduction requirements. 123 00:19:32.423 --> 00:19:38.653 So that is what is, in a very brief overall summary, that is what is before you today. 124 00:19:38.701 --> 00:19:38.828 Thank you. 125 00:19:42.153 --> 00:19:43.201 Okay, thank you very much. 126 00:19:45.442 --> 00:19:48.859 Colleagues, we've had a work session on this item. 127 00:19:48.923 --> 00:19:52.718 If there are any technical or clarifying questions from staff, we are happy to ask them now. 128 00:19:52.766 --> 00:19:56.453 Just want to verify, Councilor Green, is this for the amendment or for technical clarifying? 129 00:19:56.777 --> 00:19:58.119 It's just to talk about what we submitted. 130 00:19:58.314 --> 00:19:58.718 Okay, thank you. 131 00:19:58.864 --> 00:19:59.382 And Councilor Novick? 132 00:20:01.358 --> 00:20:03.156 Yes, thank you, Mr. President. 133 00:20:03.626 --> 00:20:05.037 I can't remember asking this last week. 134 00:20:05.165 --> 00:20:05.717 I apologize. 135 00:20:05.895 --> 00:20:13.460 DEQ said that they actually don't expect the retrofits to be completed until between 2038 and 2040. 136 00:20:13.460 --> 00:20:18.160 And I think the 2036 date was supposed to be sort of in concert with that. 137 00:20:18.160 --> 00:20:30.900 I don't know that there's necessarily a contradiction, but I just wanted to know if you have any concerns about having our date be 2036 when the retrofits are going to be completed by 2038 to 2040, they think. 138 00:20:30.900 --> 00:20:37.055 I think that the DEQ date has been a moving target that has been slipping through this process. 139 00:20:37.887 --> 00:20:43.624 And I think hearing the 2038 number in the work session was a bit of a surprise to me. 140 00:20:44.809 --> 00:20:54.936 So if we want to true up and make it closer to that implementation, expected implementation date, then you could amend the ordinance accordingly. 141 00:20:56.009 --> 00:20:57.868 Okay, but would we want to true it up? 142 00:20:57.932 --> 00:21:08.203 I mean, is there— would there be any concerns about our having our drawdown requirement kick in before It would—. 143 00:21:08.703 --> 00:21:22.817 It could lessen the flexibility that the terminals have in those out years as they wrap up their implementation plans. 144 00:21:22.883 --> 00:21:29.101 We haven't seen any of those implementation plans, so we don't know how long, you know, are they going to take the full 10 years? 145 00:21:29.148 --> 00:21:29.765 Are they going to do it in 5 years? 146 00:21:30.105 --> 00:21:49.895 Move faster or not, but having that 20% capacity, uh, it— and was designed to maintain the, the capacity we need to supply the fuels our economy needs while they take different elements offline to do the seismic improvements. 147 00:21:50.554 --> 00:21:50.987 Thank you. 148 00:21:52.413 --> 00:21:53.200 Thank you, Councilor Novick. 149 00:21:53.279 --> 00:22:04.199 Colleagues, any further questions for our staff here before okay, seeing no one else in the queue for technical or clarifying questions, thank you, folks. 150 00:22:05.518 --> 00:22:16.038 Councilor Green, I understand you, along with Councilors Pirtle-Guiney, Kanal, Koyama Lane, and Clark, have a package of amendments to both Titles 13 and 7— 33 and 17. 151 00:22:16.541 --> 00:22:19.807 And Councilor Novick, I believe yours are towards Title 17, is that correct? 152 00:22:19.890 --> 00:22:20.101 Yes. 153 00:22:20.361 --> 00:22:27.038 All right, I'm gonna let Councilor Green Councilor Smith and et al., preview their amendments now. 154 00:22:27.230 --> 00:22:28.707 I'll come to you, Councilor Novick, afterwards. 155 00:22:29.684 --> 00:22:31.113 Thank you, Council President. 156 00:22:32.508 --> 00:22:39.663 What we have done, I don't know that I'm going to go line by line through this because it's pretty exhaustive, and I'll just hit the highlights. 157 00:22:39.727 --> 00:22:47.634 But from the work session last week, we got a presentation from the community, which was kind of a first of its kind. 158 00:22:47.682 --> 00:22:57.534 So what we did was we said, let's Let's see what we can do to take those recommendations and then turn them into an amendment that we can make work with this process. 159 00:22:57.663 --> 00:23:09.392 And so what we have filed for both of these items, both Item 12 and Item 13, are what we're calling supplemental information, which is green Pirtle-Guiney in both of them. 160 00:23:09.440 --> 00:23:10.601 They're just named that. 161 00:23:11.068 --> 00:23:14.674 And what that is, is what we received directly from the advocates. 162 00:23:14.724 --> 00:23:14.791 Okay. 163 00:23:14.880 --> 00:23:14.991 Yes. 164 00:23:15.471 --> 00:23:24.765 That are proposed changes to the Title 33, you know, basically the comp plan, the zoning code changes, and the Title 17 drawdown stuff. 165 00:23:25.742 --> 00:23:27.777 So we've done that for both of these items. 166 00:23:27.953 --> 00:23:44.917 And then what we've also done over the last couple days, long into the hour— and I just want to say thanks to the BPS staff and City Attorney, Deputy City Attorney Lauren King, for answering emails and working with us until the wee hours of the night as well to help us how do we help us land this plane? 167 00:23:45.030 --> 00:24:03.354 And so the proposed amendments that you'll see for items 12 and 13 are our joint effort and attempt to take what we got from the community and place them into an actionable framework that we think can make a meaningful improvement to what we received. 168 00:24:03.403 --> 00:24:08.884 And so, yeah, I don't know if I'm going to go into any further detail on that. 169 00:24:09.126 --> 00:24:23.211 I'll note that there are some pieces that are, as you're working through this and thinking through it, There's also changes to the directives in the ordinances which speak to fuel definitions and speak to drawdown frameworks. 170 00:24:23.531 --> 00:24:30.386 Notably, there was a really robust conversation up here with David Labbe, Tom Armstrong. 171 00:24:30.564 --> 00:24:39.826 I think Councilor Novick was engaged in that and just sort of like noodling in real time on what— how to measure drawdown and how to really set that target. 172 00:24:39.891 --> 00:24:39.939 Yeah. 173 00:24:40.525 --> 00:24:53.954 And so what we're doing in this amendment on the Title 17 is preserving the 20% by, what was it, 2036, but then adding a directive to say, let's start the process of that other methodology that we heard from the advocates next year. 174 00:24:54.436 --> 00:25:04.413 So it creates 2 separate processes and allows us to move forward and not stall this land use process in this moment in time. 175 00:25:05.352 --> 00:25:09.723 So I'm not sure if I've missed anything that's important, but we wanted to place all that in the public record before we started hearing from you all. 176 00:25:09.820 --> 00:25:09.934 Thank you. 177 00:25:12.150 --> 00:25:13.299 So that way it's all in play. 178 00:25:13.381 --> 00:25:16.833 And so the amendments that come out of this are all sort of in the record at this time. 179 00:25:17.854 --> 00:25:20.607 Councilor Green, uh, do any of your co-sponsors want to also speak to this? 180 00:25:20.656 --> 00:25:24.358 Councilor Pirtle-Guiney, Kunal, Koyama Lane, or Clark? 181 00:25:24.633 --> 00:25:25.711 I'm seeing a lot of head shaking. 182 00:25:25.888 --> 00:25:26.338 Okay, great. 183 00:25:26.468 --> 00:25:27.112 Councilor Novick. 184 00:25:28.641 --> 00:25:29.688 Thank you, Mr. President. 185 00:25:29.833 --> 00:25:31.479 Um, I've got 3 proposed amendments. 186 00:25:31.528 --> 00:25:38.346 I'll actually start with the Novick 2, which basically is about asking for more information more frequently. 187 00:25:39.009 --> 00:25:46.326 It would require the fuel terminals to submit annually the monthly total throughput and average and peak tank fill levels. 188 00:25:47.412 --> 00:26:01.792 It would ask the— it would have BPS ask the Department of Energy for its latest projection of liquid fuel demand through the next decade every year and to compare average annual throughput and tank capacity with fuel consumption rates throughout the state of Oregon and the region at large. 189 00:26:03.539 --> 00:26:04.230 Novick 3. 190 00:26:05.241 --> 00:26:05.403 Yeah. 191 00:26:05.483 --> 00:26:09.750 Basically says we know that this is not going to be over by 2036. 192 00:26:10.635 --> 00:26:12.696 We're going to— we're not going to solve the problem by then. 193 00:26:12.792 --> 00:26:20.220 We're going to continue to work with stakeholders and gather more information with an eye towards, you know, doing more work in subsequent decades. 194 00:26:21.348 --> 00:26:30.548 Novick 1 is sort of in the nature of a whereas clause, and it says— I'll just read the whole thing. 195 00:26:31.957 --> 00:26:41.202 The council recognizes that unless there's an actual reduction in demand for liquid fuel, the state legislature is likely to override any drawdown requirement before that requirement becomes effective. 196 00:26:41.827 --> 00:26:44.951 Therefore, it is incumbent on the city to do what it can to reduce demand. 197 00:26:45.497 --> 00:27:01.587 Accordingly, council expresses our commitment to work with the PCF committee and other stakeholders to ensure that the next climate investment plan, at least 40% of Portland Clean Energy Fund dollars will be spent in transportation measures to promote transit, biking, walking, transition to electric cars and the reduction of diesel emissions. 198 00:27:02.567 --> 00:27:14.856 And the idea here is to say that we're planning to put our money where our mouth is, because if demand does not actually go down, then the legislature won't let a drawdown occur. 199 00:27:16.203 --> 00:27:20.632 And I do not think that we at this point are doing what we should be doing to reduce demand. 200 00:27:21.032 --> 00:27:26.218 We have the Clean Energy Fund, which is supposed to address climate change issues and reduce emissions. 201 00:27:26.748 --> 00:27:28.867 Transportation is 40% of the emissions. 202 00:27:28.980 --> 00:27:31.229 Right now we're spending 20% of the PSF on that. 203 00:27:31.535 --> 00:27:33.365 Initially it was zero. 204 00:27:33.702 --> 00:27:37.653 And we know that PSF priority populations care about transportation. 205 00:27:37.733 --> 00:27:46.086 Councilor Kanal and I did a poll of PSF priority populations that showed that they care about transportation, particularly improved transit. 206 00:27:47.131 --> 00:28:08.488 So in addition to the fact that I think that we should be spending an amount on transportation proportional to the emissions and the fact that the relevant communities are supportive of action in transportation, the CEI hub is another big reason to invest in transportation because it is literally true that unless demand goes down, any drawdown requirement we have is going to go away. 207 00:28:08.647 --> 00:28:10.976 The legislature won't let us cause a fuel crisis. 208 00:28:11.377 --> 00:28:17.239 So I think that we need to be doing whatever we can to reduce demand, and the PCEF is a tool to do that. 209 00:28:17.318 --> 00:28:17.462 Thank you. 210 00:28:17.624 --> 00:28:17.881 Thank you. 211 00:28:19.063 --> 00:28:19.890 Thank you, Councilor Novick. 212 00:28:19.987 --> 00:28:24.661 All right, colleagues, before we turn to, uh, public testimony, I have a couple colleagues in the queue. 213 00:28:24.741 --> 00:28:25.277 Councilor Zimmerman. 214 00:28:26.136 --> 00:28:30.457 Just to clarify, Councilor Green, the same amendment for both, am I reading that correctly? 215 00:28:32.602 --> 00:28:40.088 So there's amendments that speak to item 12, which is the comp plan and the zoning code, and then item 13 I think is the Title 17. 216 00:28:41.172 --> 00:28:47.474 And so we have a document that's titled yeah, and so it's 2 different, 2 different all of you people ones. 217 00:28:47.893 --> 00:28:48.390 Exactly. 218 00:28:48.471 --> 00:28:48.921 Okay, got it. 219 00:28:48.969 --> 00:28:51.136 And for each of those, they are consolidated. 220 00:28:51.185 --> 00:28:54.093 There's sub-amendments in that, but it's a consolidated document. 221 00:28:54.413 --> 00:28:54.672 Thanks. 222 00:28:54.880 --> 00:29:06.638 And then I don't normally do this, but to the staff, this is such a technical situation that I would just say get ready, 'cause my question to you will be, what are the impacts of these amendments? 223 00:29:06.702 --> 00:29:08.405 Because that's quite hard to digest here. 224 00:29:08.470 --> 00:29:11.184 So I'm looking for staff to be digesting this right now. 225 00:29:11.521 --> 00:29:13.897 Thank you, Councilor Zimmerman. 226 00:29:14.171 --> 00:29:14.701 Councilor Green. 227 00:29:15.278 --> 00:29:20.847 Yeah, I, I did want to clarify something I said earlier when describing what we put in the record. 228 00:29:20.895 --> 00:29:36.755 The supplemental information for both item 12 and item 13 includes not only what the advocates put forward as their sort of, hey, we want to see these changes, but also what we received as responses by staff to their sort of proposals. 229 00:29:36.803 --> 00:29:39.355 And so that should include both of those pieces in the supplemental information. 230 00:29:39.675 --> 00:29:41.057 Thank you, Councilor Green. 231 00:29:41.522 --> 00:29:42.116 Councilor Novick. 232 00:29:42.326 --> 00:29:43.064 Oh, Councilor Pirtle-Guiney. 233 00:29:43.209 --> 00:29:43.465 Sorry, go ahead. 234 00:29:43.705 --> 00:30:15.413 May I just add to that, the goal in submitting that supplemental information is so that you all can see and members of the community can see what the asks were for improvements from advocates, what the staff response was, and how we took that staff response to then build the amendment moving forward so that you can start to see, Councilor Zimmerman, where the those changes were made and where there were perhaps places where through discussion with staff we decided that the risk identified may not have been as great. 235 00:30:15.959 --> 00:30:21.078 I think it's absolutely incumbent upon all of us to ask staff to place those things on the record. 236 00:30:21.496 --> 00:30:26.792 But hopefully those documents can serve as a starting point for you to see where that was already taken into account. 237 00:30:26.970 --> 00:30:28.654 Thank you, Councilor Pirtle-Guiney. 238 00:30:28.895 --> 00:30:29.376 Councilor Novick. 239 00:30:30.580 --> 00:30:41.017 I also wanted to clarify something I'm not sure I said forcefully enough, which is that I'm talking about the next PCF CIP that starts in 2029, having 40% go to transportation. 240 00:30:41.096 --> 00:30:44.789 I'm not talking about diving into the current CIP and making that big an adjustment. 241 00:30:45.993 --> 00:30:46.621 Thank you very much. 242 00:30:46.942 --> 00:30:53.188 Okay, colleagues, in the interest of getting to the main show today, I'm going to move us to public testimony. 243 00:30:53.925 --> 00:30:59.224 Keelan, can we please call the first panel of testif— oh, actually, I'm sorry, I actually have invited testimony first. 244 00:30:59.868 --> 00:31:07.835 Beginning public testimony with invited remarks from Jose Gamero Jorgensen, who is the co-chair of the Sustainability and Climate Commission. 245 00:31:08.580 --> 00:31:11.694 Jose, hello, friend. 246 00:31:18.267 --> 00:31:19.375 Hello, city councilors. 247 00:31:19.551 --> 00:31:20.468 Thank you for having me. 248 00:31:21.319 --> 00:31:23.152 Again, my name is Jose Gamero Jorgensen. 249 00:31:23.359 --> 00:31:28.641 I use he/him pronouns, and I serve as the co-chair of Portland Sustainability and Climate Commission. 250 00:31:28.867 --> 00:31:35.230 I'm hearing— I'm here today on my official capacity, giving testimony on behalf of the full commission. 251 00:31:36.387 --> 00:31:52.248 At our August 20th meeting, the commission received a briefing from the Bureau of Planning Sustainability staff, Tom Armstrong and Ryan Singer, similar to the one you saw today on the Critical Energy Infrastructure Hub policy project and the 2 ordinances before you. 252 00:31:53.115 --> 00:32:04.250 As you know, the CI Hub the Portland Fuel Terminal along Highway 30 and Willamette River holds roughly 350 million gallons of fuel across 11 bulk terminals, and it carries over 90% of Oregon's fuel supply. 253 00:32:04.750 --> 00:32:11.680 It also sits on some of the most seismically vulnerable grounds in the region, a known and serious risk to public safety. 254 00:32:12.210 --> 00:32:15.509 The package before you today are 2 ordinances. 255 00:32:15.509 --> 00:32:22.380 I'm here to testify just on one of them, the Title 17 Bulk Fuel Terminal Reduction Regulations. 256 00:32:22.380 --> 00:32:22.480 Thank you, Councilor Mitch Green. 257 00:32:23.292 --> 00:32:30.990 The ordinance reduced storage capacity at the hub by 20%, from about 350 million gallons to 280 million by 2036. 258 00:32:31.936 --> 00:32:39.041 After hearing the staff briefing and discussing the proposal, the commission voted to support this package as written with no amendments. 259 00:32:39.730 --> 00:32:44.943 But just to be clear, we didn't know about any of these new amendments, so we couldn't vote on them or discuss them. 260 00:32:46.130 --> 00:32:48.519 We recognize that this doesn't eliminate thank you. 261 00:32:48.615 --> 00:32:56.213 This package does not eliminate the risk entirely, nor does it eliminate our region's continued dependence on the liquid fuels this hub supplies to our economy. 262 00:32:57.031 --> 00:33:10.576 Some of our commissioners pushed questioning whether this package goes far enough to achieve Portland's climate goals, and even after the discussion, many of them feel that it really doesn't. 263 00:33:11.234 --> 00:33:20.259 But the commission's judgment was that meaningful, well-supported progress now is far preferable to continued delay, and that this proposal reflects genuine thank you, Mayor. 264 00:33:20.259 --> 00:33:20.259 Councilor Sameer Kanal. 265 00:33:20.259 --> 00:33:29.509 This report is the result of a commitment, years-long collaboration between city staff, neighborhood groups, environmental organizations, and industry and labor stakeholders. 266 00:33:30.960 --> 00:33:45.160 The commission recognizes that our role in developing the city's next climate action plan is to create the strategies for which we can reduce our dependency on fossil fuel— fossil fuels in the transportation sector, and this is a good step forward. 267 00:33:45.720 --> 00:33:50.299 On behalf of the Sustainability and Climate Commission, I respectfully urge council to adopt this package. 268 00:33:51.615 --> 00:33:52.453 Thank you for your time. 269 00:33:52.701 --> 00:33:53.358 Thank you very much. 270 00:33:55.220 --> 00:33:59.406 Okay, Keelan, just heads up to everybody, there's about 60 people signed up to testify. 271 00:33:59.682 --> 00:34:05.115 Just to set expectations in the room, we will almost certainly not get to the point where we can actually vote on amendments today. 272 00:34:05.277 --> 00:34:08.769 This will almost certainly be a continued first reading to next week. 273 00:34:08.914 --> 00:34:11.114 And so we want to hear from you all. 274 00:34:11.163 --> 00:34:12.311 That is our priority today. 275 00:34:12.554 --> 00:34:15.059 So Keelan, can you please call the first panel of testifiers up? 276 00:34:15.382 --> 00:34:15.867 Thank you. 277 00:34:16.514 --> 00:34:18.373 I will call up testifiers in groups of 5. 278 00:34:18.469 --> 00:34:20.135 Each individual will have 2 minutes. 279 00:34:20.663 --> 00:34:26.233 For those testifying in person, you will see the timer countdown displayed on the monitor in front of the testimony table. 280 00:34:26.907 --> 00:34:29.827 For those testifying virtually, the timer is displayed in Zoom. 281 00:34:30.454 --> 00:34:36.313 You will hear the timer sound twice, once when there are 30 seconds left, then a second time when your time is up. 282 00:34:36.858 --> 00:34:40.052 Before you begin your testimony, please state your name for the record. 283 00:34:40.952 --> 00:34:54.514 First up, we have Tanya Hartnett, Diane Meisenhelter, Dejuna Martin, Juliet Twemlow, Take your time if you're coming from upstairs. 284 00:34:54.579 --> 00:34:55.193 Please don't run. 285 00:34:55.550 --> 00:34:56.262 We will wait for you. 286 00:34:58.490 --> 00:35:00.588 Whoever sits down first gets to go first. 287 00:35:00.652 --> 00:35:03.442 So there's a screw on the floor. 288 00:35:03.878 --> 00:35:04.442 Oh, thank you. 289 00:35:17.050 --> 00:35:17.565 Welcome. 290 00:35:17.726 --> 00:35:18.047 Thank you. 291 00:35:19.820 --> 00:35:24.909 My name is Tanya Hartnett, Executive Director of Working Waterfront Coalition and a registered lobbyist. 292 00:35:25.295 --> 00:35:34.793 WWC represents 31 industrial and maritime businesses of whom power Portland's harbor economy and sustain tens of thousands of family-wage jobs across our region. 293 00:35:35.989 --> 00:35:51.266 On September 17th, Working Waterfront submitted for the— for for the record, formal written comments on BPS's original proposed CEI Hub policies under Titles 33, 24, and 17 dated August 17th, 2026. 294 00:35:51.987 --> 00:35:56.963 Those comments did not reflect the new documents released on September 16th, '26. 295 00:35:57.588 --> 00:36:06.286 Today, my comments will focus on concerns of what the community and environmental advocates presented as a package of recommendations to BPS's policy proposals. 296 00:36:06.351 --> 00:36:06.559 Thank you. 297 00:36:07.458 --> 00:36:16.735 The proposed amendments would change the regulatory framework from storage capacity to volume of product handled and moving through the system. 298 00:36:17.264 --> 00:36:20.923 We do not believe that BPS has the jurisdiction to regulate throughput. 299 00:36:21.661 --> 00:36:32.478 The proposed amendments require the collection of data on volume of products stored and handled by the facilities, which is proprietary information of the facilities and their customers. 300 00:36:33.376 --> 00:36:40.570 The appropriate safeguards for the collection and management of this information must be established to prevent violations of antitrust protections. 301 00:36:41.483 --> 00:36:46.657 We oppose the expansion of the products covered by this policy beyond fossil and renewable fuels. 302 00:36:48.132 --> 00:36:54.989 Working Waterfront cannot accept the assumption that the drawdown will not have an impact on consumer prices and available fuel supplies. 303 00:36:55.565 --> 00:37:11.099 The Eco Northwest study states any disruption to the CEI Hub operations, whether from policy changes, infrastructure, constraints or external market shocks has the potential to affect fuel availability and pricing for consumers and businesses statewide. 304 00:37:11.612 --> 00:37:24.652 The most direct effects fall on the household budgets, where higher fuel prices function as a tax on disposable income, reducing the purchasing— reducing the purchasing power available for other goods and services. 305 00:37:24.989 --> 00:37:32.748 These effects are regressive, falling hardest on lower-income households for whom fuel represents a larger share of take-home okay, thank you. 306 00:37:33.313 --> 00:37:33.976 Thank you very much. 307 00:37:35.789 --> 00:37:36.873 Thanks, Diane Meissenhelder. 308 00:37:37.034 --> 00:37:40.447 And please read my written map testimony on the 3 policies. 309 00:37:40.512 --> 00:37:46.369 You can't do it in 30 seconds, but I'm just going to give context— I mean, in 90 seconds. 310 00:37:46.804 --> 00:38:10.346 In 2019, as a neighborhood emergency volunteer responder, I started work on the CI Hub after talking with our local fire department about what support we could expect after a major seismic event and being shocked despite being an environmental activist for half a century, I also hadn't come to realize how truly frightful climate change is already in the Global South until I started working daily with XR chapters in Africa, Latin America, and Asia. 311 00:38:10.987 --> 00:38:23.298 Scientists keep issuing increasingly desperate warnings about how fast climate chaos is accelerating, how close we are to irreversible tipping points, and how those contributing least to emissions are being hit first and worst. 312 00:38:23.972 --> 00:38:32.844 We can't afford to wait another 10 years for something we as global citizens can do now for ourselves and others to hasten the transition to cleaner fuels. 313 00:38:33.420 --> 00:38:45.355 Locally, we must do all within our power to minimize the multiple risks the CEI Hub poses or face human, ecosystem, and economic losses that are unthinkable for Portland and the state as a whole. 314 00:38:45.869 --> 00:38:48.692 This is why we want the community initiative amendments adopted. 315 00:38:49.092 --> 00:38:50.889 It's most critical to start next year with Aye. 316 00:38:50.889 --> 00:38:50.909 Councilmember Herbold. 317 00:38:50.909 --> 00:38:50.909 I support this ordinance. 318 00:38:50.909 --> 00:39:01.530 It is a significant initial fuel drawdown and continued phased reductions every 3 years based on real data and in line with Oregon's climate goals continuing beyond '36. 319 00:39:01.630 --> 00:39:07.889 We must enact transportation and building decarbonization policies to nudge fuel demand downward. 320 00:39:07.889 --> 00:39:19.010 What you do here could put us on a path towards a well-being economy with health and safety protections and prosperity for generations, or we will continue towards unmitigated multiple disasters. 321 00:39:19.875 --> 00:39:28.813 Please do the right thing and know that since we just got the amendments and we haven't even seen them yet, we're probably gonna be talking to you all a lot. 322 00:39:29.771 --> 00:39:44.333 But I would say I support your, Novick, your 3rd amendment, and I would take out numbers in your piece, but we do want that decarbonization. 323 00:39:44.615 --> 00:39:44.682 Yes. 324 00:39:45.688 --> 00:39:46.315 Thank you very much. 325 00:39:48.103 --> 00:39:53.579 Hi, my name is Yuna Martin, and I have lived my whole life in Linnton, less than a 5-minute walk away from the CEI hub. 326 00:39:54.224 --> 00:40:01.106 When I was 7 years old, I had to attend my first community evacuation meeting in the likelihood that a 9-point earthquake might demolish my neighborhood. 327 00:40:01.670 --> 00:40:08.865 The unstable soil which these tanks are built upon is at risk of being destroyed, along with the soil that I walk through in Forest Park every day. 328 00:40:09.670 --> 00:40:14.668 And the water which I swim in during the summers is the same that might be poisoned if these oil tanks were to spill into the Willamette. 329 00:40:15.534 --> 00:40:20.237 The predicted number of deaths in the case of an oil spill or an explosion are not simply numerical values. 330 00:40:20.655 --> 00:40:21.603 They are me and my family. 331 00:40:22.036 --> 00:40:22.726 They are my neighbors. 332 00:40:22.822 --> 00:40:23.610 They are real people. 333 00:40:24.349 --> 00:40:34.480 So I'm here on behalf of my community and my environmental justice class at Lincoln High School, members of which stood here in 2016 fighting to prevent the expansion of fossil fuels that we're still here fighting against today. 334 00:40:35.041 --> 00:40:47.666 These big oil companies might not be concerned about the impacts of their expansion, but us students are, and we urge you to work on real reduction goals using precise language to ensure that there will be a measurable drawdown of fossil fuels near my home in the years to come. 335 00:40:48.393 --> 00:40:52.313 This is necessary for prioritizing the safety of people like me and the land we inhabit. 336 00:40:52.813 --> 00:40:54.010 Therefore, I thank you for your consideration. 337 00:40:58.920 --> 00:41:04.851 My name is Juliet Twemlow, and 3 years ago I moved to Portland from a small town in British Columbia, Canada. 338 00:41:05.400 --> 00:41:10.956 I grew up surrounded by the natural beauty in the north and immediately fell in love with the expansive greenery that Portland offers. 339 00:41:11.751 --> 00:41:17.056 I was enamored with the towering evergreens of Forest Park and the clean and winding Willamette River. 340 00:41:17.760 --> 00:41:23.335 Most weekends, my mom and I walk through Forest Park, exploring new trails and soaking in the lushness and tranquility. 341 00:41:24.072 --> 00:41:29.920 On hot summer days, my friends and I swim in the river's refreshing shallows and paddleboard upstream, then leisurely float back down. 342 00:41:30.594 --> 00:41:35.224 It scares me to know that the future of both the forest and the river are threatened by the CEI hub. 343 00:41:35.865 --> 00:41:40.159 A key aspect of Portland is the way nature is able to blend so well with the urban environment. 344 00:41:40.913 --> 00:41:46.976 The diversity of not only people but the natural atmosphere is what makes the city so unique and why we need to preserve it. 345 00:41:47.570 --> 00:41:56.842 I stand here today inspired by all the past and present Lincoln Environmental Justice students who are also brave enough to advocate and give future generations a voice. 346 00:41:57.596 --> 00:42:04.317 I want my children and grandchildren to be able to experience the wonders of Portland and fall in love with its natural beauty just like I did. 347 00:42:05.360 --> 00:42:11.358 I hope that we are able to walk through Forest Park and swim in the Willamette River without the threat of contamination and fires. 348 00:42:12.097 --> 00:42:20.775 Our handling of the CI hub will show Portland's commitment to environmental justice, climate action, and most importantly, secure a safe community for decades to come. 349 00:42:21.498 --> 00:42:22.813 Our action needs to start now. 350 00:42:23.181 --> 00:42:28.572 Currently, the drawdown plan reduces fuel levels over the next 10 years, but we don't have that time to spare. 351 00:42:29.358 --> 00:42:38.181 Future generations are depending on us, just like I am depending on you to adopt these amendments and preserve the unique and beautiful city that Portland is and can continue to be. 352 00:42:38.228 --> 00:42:38.405 Thank you. 353 00:42:39.139 --> 00:42:42.668 There's no price we can place on our Earth and our city's long-term health. 354 00:42:43.425 --> 00:42:49.614 While my peers and I may be young, nobody's ever too, too young to fight for a natural and secure environment. 355 00:42:50.137 --> 00:42:50.643 Thank you. 356 00:42:51.264 --> 00:42:51.851 Thank you very much. 357 00:42:53.704 --> 00:42:55.123 Good afternoon, councilors. 358 00:42:55.317 --> 00:42:56.543 My name is Deneen Crowe. 359 00:42:57.318 --> 00:43:01.320 I'm the campaign director at 350 PDX, and I live in District 2. 360 00:43:02.579 --> 00:43:08.369 Thank you so much for your collaboration with community throughout this year-long policy process. 361 00:43:09.291 --> 00:43:13.992 To make the CEI hub safer and reduce harm for all Portlanders. 362 00:43:14.987 --> 00:43:21.355 So, so many hours, resources, and energy went into this process this past year. 363 00:43:21.483 --> 00:43:30.802 So it would be a disappointment to pass something that is just okay, and in some cases could cause and continue harm at the hub. 364 00:43:31.909 --> 00:43:36.208 We need to take this opportunity to pass a bold policy with teeth. 365 00:43:36.626 --> 00:43:38.181 And with accurate timelines. 366 00:43:39.208 --> 00:43:45.657 We need a fuel reduction program that begins a phased, data-driven drawdown of fuels in 2027. 367 00:43:46.411 --> 00:43:51.063 Waiting an entire decade to begin this process is unacceptable. 368 00:43:52.346 --> 00:43:59.885 We know more data is needed, but while that is being gathered, a drawdown can begin based on demand in our existing service area. 369 00:44:00.461 --> 00:44:06.751 And it is very important that any of this demand is from the coming from the local Columbia River region. 370 00:44:07.505 --> 00:44:14.981 Otherwise, we put our city at risk of continuing to be a sacrifice zone for the profit of others far away. 371 00:44:16.425 --> 00:44:21.351 There also must be stronger enforcement consequences for noncompliance. 372 00:44:21.481 --> 00:44:26.903 We have seen companies operating in the hub just treat fines as the cost of doing business. 373 00:44:27.641 --> 00:44:35.472 The city needs to implement retroactive measures that revoke franchise agreements or business licenses for those repeat offenders. 374 00:44:35.519 --> 00:44:35.809 Councilor Loretta Smith. 375 00:44:36.483 --> 00:44:40.869 That we know very well of city or state laws or policies. 376 00:44:41.849 --> 00:44:53.161 We also need one definition of fuel, which helps us avoid confusion and gets around the reality about the toxics and dangers of quote-unquote renewable fuels. 377 00:44:54.639 --> 00:44:59.507 I support the amendments that were developed in collaboration with community. 378 00:44:59.764 --> 00:45:00.391 Thank you all. 379 00:45:01.210 --> 00:45:01.773 Thank you very much. 380 00:45:01.949 --> 00:45:02.239 Thank all of you. 381 00:45:04.804 --> 00:45:15.097 Our next panel includes Heather King, Jaraisha Brannon, John Rosapopp, Charisse Bach, Maeve Fellerhoff. 382 00:45:19.253 --> 00:45:21.202 You made it down to the— here first, you're welcome to go. 383 00:45:22.650 --> 00:45:22.972 Thank you. 384 00:45:23.215 --> 00:45:24.954 Good afternoon, my name is Heather King. 385 00:45:25.130 --> 00:45:28.898 I'm co-executive director and Lower Willamette Riverkeeper at Willamette Riverkeeper. 386 00:45:29.728 --> 00:45:36.454 I want to also thank you for the work that you've done with the community advocates to put these amendments forward. 387 00:45:36.967 --> 00:45:47.112 And I know you've already heard much of what I'm about to say, and yes, I could have just simply submitted written testimony to all of you, but this decision is important enough that I wanted you to hear it directly from me. 388 00:45:48.204 --> 00:45:56.135 Before you is an opportunity to pass sensible, strong public policy that will shape public safety, our environment, and our economy for decades to come. 389 00:45:57.514 --> 00:46:04.351 The CEI Hub presents an enormous risk, not just to Portland, but to the communities throughout Oregon and the Pacific Northwest. 390 00:46:05.057 --> 00:46:11.333 Last week, I joined members of the community coalition to present amendments intended to strengthen the proposed BPS policy. 391 00:46:12.199 --> 00:46:22.311 Our requests are straightforward: reduce risk, increase safety, align city policy with state regulations, and use clear language that strengthens implementation and enforcement. 392 00:46:22.375 --> 00:46:22.471 Thank you. 393 00:46:23.353 --> 00:46:27.487 And when it comes to drawdown, we're asking you to take that same common-sense approach. 394 00:46:28.465 --> 00:46:38.657 A one-time 20% reduction in tank capacity by 2036 is a start, but it doesn't actually answer the bigger question: how much fuel do we need to store at the hub? 395 00:46:39.442 --> 00:46:43.672 We know that fuel demand is changing, and we have the ability to track those changes. 396 00:46:43.960 --> 00:46:53.532 So rather than settling on one reduction target today and walking away from it, Use the data the city collects to continue reducing fuel storage as demand changes over time. 397 00:46:54.271 --> 00:46:56.373 That is what meaningful drawdown should do. 398 00:46:56.934 --> 00:47:02.387 Reduce the amount of fuel stored at the hub when it is no longer needed and reduce the risk along with it. 399 00:47:02.708 --> 00:47:06.414 This is your opportunity and our opportunity to get this right. 400 00:47:06.880 --> 00:47:07.505 Be brave. 401 00:47:08.242 --> 00:47:10.681