71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3956
Sponsored by Representative CLOSE; Representatives BACKLUND,
CARLSON, DOYLE, GARRARD, HILL, JENSON, KNOPP, KRIEGER, KROPF,
KRUMMEL, KRUSE, LEE, LEONARD, MINNIS, MONNES ANDERSON, MORGAN,
NELSON, PATRIDGE, SHETTERLY, SIMMONS, G SMITH, T SMITH, STARR,
C WALKER, WILLIAMS, WILSON, WINTERS, WITT, ZAUNER
CHAPTER ................
AN ACT
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
Enrolled House Bill 3956 (HB 3956-B) Page 1
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. + }
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Passed by House June 19, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 25, 2001
...........................................................
President of Senate
Enrolled House Bill 3956 (HB 3956-B) Page 2
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3956 (HB 3956-B) Page 3