71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2150
 
LC 926/HB 2150-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2150
 
     By COMMITTEE ON STREAM RESTORATION AND SPECIES RECOVERY
 
                            March 15
 
  On page 1 of the printed bill, line 2, after '468B.300, '
insert '468B.350, 468B.370,'.
  In line 3, delete the comma and insert 'and' and delete ' and
468B.490' and after '468B.480' insert 'and 468B.490'.
  On page 3, delete lines 8 through 12.
  In line 13, delete '(28)' and insert '(27)(a)'.
  Delete lines 14 through 17 and insert 'of Environmental Quality
to represent the department and the State of Oregon in response
to an oil or hazardous material spill or release or threatened
spill or release and to coordinate cleanup response with state
and local agencies.
  ' (b) For purposes of this subsection:
  ' (A) 'Spill or release' means the discharge, deposit,
injection, dumping, spilling, emitting, releasing, leaking or
placing of any oil or hazardous material into the air or into or
on any land or waters of this state except as authorized by a
permit issued under ORS chapter 454, 459, 459A, 468, 468A, 468B
or 469 or ORS 466.005 to 466.385, 466.990 (1) and (2) or 466.992
or federal law, or except when being stored or used for its
intended purpose.
  ' (B) 'Threatened spill or release' means that oil or hazardous
material is likely to escape or be carried into the air or into
or on any land or waters of this state.'.
  In line 18, delete '(29)' and insert '(28)'.
  Delete lines 23 and 24.
  In line 25, delete '(31)' and insert '(29)'.
  After line 29, insert:
  '  { +  SECTION 2. + } ORS 468B.350 is amended to read:
  ' 468B.350. (1)   { - On or before July 1, 1992, - }  The
Environmental Quality Commission shall adopt   { - by rule - }
 { + rules defining:
  ' (a) + } Standards for the preparation of contingency plans
for facilities and covered vessels { + ; and
  ' (b) Oil spill response zones within the navigable waters of
the state and the amount of equipment identified in an oil spill
contingency plan that is required to be regularly located in
those zones + }.
  ' (2) The rules adopted under subsection (1) of this section
shall be coordinated with rules and regulations adopted by the
State of Washington and the United States Coast Guard and shall
require contingency plans that at a minimum meet the following
standards. The plan shall:
  ' (a) Include complete details concerning the response to oil
spills of various sizes from any covered vessel or facility
covered by the contingency plan.
  ' (b) To the maximum extent practicable, be designed, in terms
of personnel, materials and equipment, to:
  ' (A) Remove oil and minimize any damage to the environment
resulting from a maximum probable spill; and
 
  ' (B) Remove oil and minimize any damage to the environment
resulting from a worst case spill.
  ' (c) Consider the nature and number of facilities and marine
terminals in a geographic area and the resulting ability of a
facility to finance a plan and pay for department review.
  ' (d) Describe how the contingency plan relates to and is
coordinated with the response plan developed by the Department of
Environmental Quality under ORS 468B.495 and 468B.500 and any
relevant contingency plan prepared by a cooperative, port,
regional entity, the state or the federal government in the same
area of the state covered by the plan.
  ' (e) Provide procedures for early detection of an oil spill
and timely notification of appropriate federal, state and local
authorities about an oil spill in accordance with applicable
state and federal law.
  ' (f) Demonstrate ownership of or access to an emergency
response communications network covering all locations of
operation or transit by a covered vessel. The emergency response
communications network also shall provide for immediate
notification and continual emergency communications during
cleanup response.
  ' (g) State the number, training preparedness and fitness of
all dedicated, pre-positioned personnel assigned to direct and
implement the plan.
  ' (h) Incorporate periodic training and drill programs to
evaluate whether the personnel and equipment provided under the
plan are in a state of operational readiness at all times.
  ' (i) State the means of protecting and mitigating the effects
of a spill on the environment, including fish, marine mammals and
other wildlife, and insuring that implementation of the plan does
not pose unacceptable risks to the public or to the environment.
  ' (j) Provide a detailed description of equipment, training and
procedures to be used by the crew of a vessel, or the crew of a
tugboat involved in the operation of a nonself-propelled tank
vessel, to minimize vessel damage, stop or reduce spilling from
the vessel and only when appropriate and the vessel's safety is
assured, contain and clean up the spilled oil.
  ' (k) Provide arrangements  { + by contract or other approved
means + } for pre-positioning oil spill containment { +
equipment, + }   { - and - } cleanup equipment { + , dedicated
response vessels + } and trained personnel at strategic locations
from which the personnel and equipment can be deployed to the
spill site to promptly and properly remove the spilled oil.
  ' (L) Provide arrangements for enlisting the use of qualified
and trained cleanup personnel to implement the plan.
  ' (m) Provide for disposal of recovered oil in accordance with
local, state and federal laws.
  ' (n) State the measures that have been taken to reduce the
likelihood a spill will occur, including but not limited to
design and operation of a vessel or facility, training of
personnel, number of personnel and backup systems designed to
prevent a spill.
  ' (o) State the amount and type of equipment { +  and the
dedicated response vessels + } available  { + by contract or
other approved means + } to respond to a spill, where the
equipment   { - is - }   { + and vessels are + } located and the
extent to which other contingency plans rely on the same
equipment { +  and vessels + }.
  ' (p) If the commission has adopted rules permitting the use of
dispersants, describe the circumstances and the manner for the
application of dispersants in conformance with the rules of the
commission.
  '  { +  (3) As used in this section:
  ' (a) 'Contract or other approved means' means:
  ' (A) A written contract between a covered vessel or facility
owner or operator and an oil spill removal organization that
identifies and ensures the availability of specified personnel
and equipment within stipulated response times in specified oil
spill response zones;
  ' (B) Certification by the vessel or facility owner or operator
that specified personnel and equipment are owned, operated or
under the direct control of the vessel or facility owner or
operator and are available within stipulated response times in
specified oil spill response zones;
  ' (C) Active membership in a local or regional oil spill
removal organization that has identified specified personnel and
equipment that are available to respond to an oil spill within
stipulated response times in specified oil spill response zones;
or
  ' (D) A written document that:
  ' (i) Identifies personnel, equipment and services capable of
being provided by the oil spill removal organization within
stipulated response times in specified oil spill response zones;
  ' (ii) Acknowledges that the oil spill removal organization
intends to commit the identified resources in the event of an oil
spill;
  ' (iii) Permits the commission to verify the availability of
the identified oil spill removal resources through tests,
inspections and exercises; and
  ' (iv) Is referenced in an oil spill contingency plan for the
vessel or facility.
  ' (b) 'Dedicated response vessel' means a vessel that limits
service exclusively to recovering and transporting spilled oil,
tanker escorting, deploying oil spill response equipment,
supplies and personnel, spill response related training, testing,
exercises and research, or other oil spill removal and related
activities. + }
  '  { +  SECTION 3. + } ORS 468B.370 is amended to read:
  ' 468B.370. (1)(a) The Environmental Quality Commission by rule
shall adopt procedures to determine the adequacy of a contingency
plan approved  { + or filed for approval + } under ORS 468B.365.
  ' (b) The rules shall require random practice drills without
prior notice to test the adequacy of the responding entities. The
rules may provide for unannounced practice drills of an
individual contingency plan.
  ' (c) The rules may require the contingency plan holder to
publish a report on the drills. This report shall include an
assessment of response time and available equipment and personnel
compared to those listed in the contingency plan relying on the
responding entities and requirements, if any, for changes in the
plans or their implementation. The Department of Environmental
Quality shall review the report and assess the adequacy of the
drill.
  ' (d) The department may require additional drills and changes
in arrangements for implementing the approved plan that are
necessary to insure the effective implementation of the plan.
  ' (2) The Environmental Quality Commission by rule may require
any tank vessel carrying oil as cargo in the navigable waters of
the state to:
  ' (a) Place booms, in-water sensors or other detection
equipment around tank vessels during transfers of oil; and
  ' (b) Submit to the department evidence of a structural and
mechanical integrity inspection of the tank vessel equipment and
hull structures.
  ' (3) A tank vessel that is conducting, or is available only
for conducting, oil discharge response operations is exempt from
the requirements of subsection (1) of this section if the tank
vessel has received prior approval of the department. The
department may approve exemptions under this subsection upon
application and presentation of information required by the
department.'.
  In line 30, delete '2' and insert '4'.
  In lines 40 through 44, restore the bracketed material and
delete the boldfaced material.
  On page 4, line 1, restore the bracketed material and delete
the boldfaced material.
  In line 8, after the semicolon insert 'and'.
  In line 9, delete the semicolon and insert a period.
  Delete lines 10 through 13.
  In line 14, delete '3' and insert '5'.
  In line 31, delete the boldfaced material.
  In line 41, delete the boldfaced material and after ' spills'
insert 'or threatened spills'.
  On page 5, line 3, delete '4' and insert '6'.
  In line 10, delete '$___ ' and insert '$48'.
  In line 11, delete '$___ ' and insert '$42'.
  In line 12, delete '$___ ' and insert '$42'.
  In line 13, delete '$___ ' and insert '$836'.
  In line 14, delete '$___ ' and insert '$4,500'.
  In line 28, delete '5' and insert '7'.
  On page 6, delete lines 25 through 29.
  In line 30, delete '7' and insert '8'.
  In line 31, delete 'facilities' and insert 'sites'.
  In line 33, delete 'reduce' and insert 'minimize environmental
impacts from'.
  In line 35, delete 'prevention' and insert ' preparedness'.
  Delete lines 37 and 38 and insert:
  ' (b) Evaluating the need for coordination with local and state
emergency responders;'.
  In line 39, delete the comma and insert 'and' and after '
plans' delete the rest of the line.
  Delete line 40 and insert 'for sites storing and handling oil
and hazardous materials; and'.
  Delete line 41.
  In line 42, delete '(e)' and insert '(d)'.
  On page 7, line 6, delete 'prevention' and insert '
preparedness'.
  In line 7, delete '8' and insert '9' and delete '7' and insert
'8'.
  In line 8, delete '9' and insert '10' and delete 'is ' and
insert 'and 468B.490 are'.
  In line 9, delete '10' and insert '11'.
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