71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2440
 
                         House Bill 3213
 
Sponsored by Representative PATRIDGE (at the request of Landowner
  Resource Management Corporation)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Directs Division of State Lands to contract with entity to
administer wetlands mitigation bank in Jackson County. Requires
division to authorize entity to construct and operate wetlands
mitigation bank.
  Appropriates moneys from General Fund to division for wetlands
mitigation bank.
  Declares emergency, effective July 1, 2001.
 
                        A BILL FOR AN ACT
Relating to mitigation banks; appropriating money; and declaring
  an emergency.
  Whereas there is a public need for a wetlands mitigation bank
pilot project in the Rogue River Valley; and
  Whereas wetlands regulation practices in Jackson County,
Oregon, have been inconsistent and characterized by a pattern of
random preservation, a lack of central mapping of preserved land,
an absence of long-term maintenance of existing mitigation sites,
a lack of coordination and agreement among regulatory agencies,
and a costly and complex process for landowners; and
  Whereas the Agate Desert vernal pool complex in the Rogue River
Valley provides a habitat for threatened and endangered species;
and
  Whereas substantial costs are a primary disincentive for the
creation of a wetlands mitigation bank; and
  Whereas a wetlands mitigation bank will more effectively
enhance biological values and foster needed commercial,
industrial and residential development than case-by-case on-site
mitigation; and
  Whereas the investment of state lands and funds will provide
adequate financial resources to undertake, operate and maintain
the wetlands mitigation bank over the long term; now, therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + The Division of State Lands shall contract with
an entity to administer a wetlands mitigation bank in Jackson
County. The entity shall be authorized to create, restore,
preserve and enhance wetlands and provide community education and
support. The entity shall be responsible for the construction,
operation and long-term management of the wetlands mitigation
bank subject to the provisions of section 2 of this 2001 Act and
of the instrument developed under section 2 of this 2001 Act. + }
  SECTION 2.  { + (1) The Division of State Lands shall:
  (a) Establish a service area for the wetlands mitigation bank
that incorporates a geographic area where credits from the
wetlands mitigation bank are available for use to mitigate the
impacts of permit actions.
  (b) Develop an application process to select an entity to
administer the wetlands mitigation bank.
  (c) Develop a set of minimum requirements the entity must
satisfy to apply.
  (d) In cooperation with the entity and in accordance with the
provisions of this section and section 1 of this 2001 Act,
develop an instrument that establishes the wetlands mitigation
bank and stipulates the terms and conditions of its construction,
operation and long-term management.
  (e) Provide continuing technical support to the entity.
  (f) Audit the wetlands mitigation bank annually to ensure
compliance with the instrument and with other provisions of this
section.
  (2) Notwithstanding ORS 196.600 to 196.655 and rules adopted
thereunder, and subject to the provisions of the instrument
developed under subsection (1) of this section:
  (a) Credits for preserving intact to moderately degraded Agate
Desert vernal pools that are used to mitigate permit actions,
other than actions at vernal pool sites, shall have a
compensatory mitigation ratio not to exceed three to one.
  (b) The wetlands mitigation bank shall be designed to be
financially self-supporting. + }
  SECTION 3.  { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Division of State
Lands, for the biennium beginning July 1, 2001, out of the
General Fund, the amount of $___, which may be expended for the
purposes of section 1 of this 2001 Act. + }
  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 July 1,
2001. + }
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