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 4152
 
                           A-Engrossed
 
                         House Bill 3956
                   Ordered by the House May 7
             Including House Amendments dated May 7
 
Sponsored by Representative CLOSE; Representatives BACKLUND,
  CARLSON, DOYLE, GARRARD, HILL, JENSON, KNOPP, KRIEGER, KROPF,
  KRUMMEL, KRUSE, LEE, LEONARD, MINNIS, MONNES ANDERSON, MORGAN,
  PATRIDGE, SHETTERLY, SIMMONS, G SMITH, T SMITH, STARR, C
  WALKER, WILLIAMS, WILSON, WINTERS, WITT, ZAUNER
 
 
                             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.
 
  Requires Department of Environmental Quality to develop and
implement pollutant reduction trading program, with certain
requirements. Allows department to collect reasonable fees from
traders for administrative cost of program. Requires department
to obtain federal funding for program.
  Appropriates moneys to department, contingent on receipt of
federal funding.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to water quality; appropriating money; 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 obtain 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.  { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Emergency Board, for
the biennium beginning July 1, 2001, out of the General Fund, the
amount of $50,000, which shall be allocated to the Department of
Environmental Quality for the purpose of carrying out section 3
of this 2001 Act. The Emergency Board shall authorize the
expenditure of the amount allocated by this section upon
submission of proof that the Department of Environmental Quality
has received $200,000 in federal funds for the purpose of section
3 of this 2001 Act. + }
  SECTION 5.  { + 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. + }
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