Chapter 758 Oregon Laws 2001

AN ACT

HB 3956

Relating to water quality; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. This 2001 Act shall be known as the “Willamette Watershed Improvement Trading Act.”

SECTION 2. Section 3 of this 2001 Act is added to and made a part of ORS chapter 468B.

SECTION 3. (1) The Department of Environmental Quality shall develop and implement a pollutant reduction trading program as a means of achieving water quality objectives and standards in this state. The department shall develop the program in a manner that complies with state and federal water quality regulations and promotes economic efficiency.

(2) In developing the program, the department shall place a priority on trades that improve the water quality of the Willamette River and on the following pollutants or conditions:

(a) Nitrogenous and phosphorous compounds commonly referred to as nutrients;

(b) Sediment;

(c) Temperature;

(d) Biological oxygen demand; and

(e) Chemical oxygen demand.

(3) The department shall:

(a) Develop a procedure to assist persons entering into an agreement to offset or trade quantities of pollutants under this section in a manner that results in a net reduction of pollutants, assists in meeting water quality standards and implements total maximum daily load allocations;

(b) Provide oversight and administration of agreements entered into under this section;

(c) Minimize administrative and technical requirements in order to encourage and facilitate pollutant trading under this section; and

(d) Emphasize practical procedures for pollutant trading that can be implemented using reasonable estimations and engineering judgment.

(4)(a) The department may assess reasonable fees to a party engaging in pollutant reduction trading under this section to offset its administrative costs associated with the pollutant reduction trading program.

(b) The department shall make every effort to minimize fees to facilitate and encourage pollutant trading.

(c) Fees collected by the department under this section shall be deposited in the State Treasury to the credit of an account of the department and are continuously appropriated to the department.

(5) The department shall seek any approvals, waivers or authorizations from the United States Environmental Protection Agency necessary to implement the program.

(6) The department shall seek a minimum of $200,000 in federal funding to support the program.

(7) The department shall report to the Seventy-second and Seventy-third Legislative Assemblies regarding the progress of the program.

(8) This section may not be construed to allow any activity expressly prohibited by federal law or regulation.

SECTION 4. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect on its passage.

Approved by the Governor July 6, 2001

Filed in the office of Secretary of State July 6, 2001

Effective date July 6, 2001

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