71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
CCA to B-Eng. HB 3981
LC 4261/HB 3981-B11
CONFERENCE COMMITTEE AMENDMENTS TO
B-ENGROSSED HOUSE BILL 3981
June 30
Amended Summary
Requires State Fish and Wildlife Commission to create report
concerning economic and social impacts of species recovery
efforts for each species listed as threatened or endangered.
Specifies content and uses of report.
Requires State Fish and Wildlife Commission to create, by rule,
safe harbor program for state land lessees and candidate
conservation program for parties affected by listing of species
as threatened or endangered.
{ + Eliminates certain authority of Energy Facility Siting
Council to address effect of facility on fish and wildlife in
adopting standards for siting, construction, operation and
retirement of facilities.
Provides that certain rules and programs may not impose
additional requirements or restrictions on use of private land to
protect certain threatened or endangered species.
Limits State Board of Forestry to consideration of endangered
fish and wildlife species that are federally listed when
establishing inventory of resource sites needing protection. + }
Speaker Simmons:
Your Conference Committee to whom was referred B-engrossed
House Bill 3981, having had the same under consideration,
respectfully reports it back with the recommendation that the
House concur in the Senate amendments dated June 12 and that the
bill be amended as follows and repassed.
On page 1 of the printed B-engrossed bill, line 2, after ' ORS'
delete the rest of the line and insert '469.501, 496.172, 496.192
and 527.710.'.
In line 10, after 'sidered' insert 'concurrently'.
In line 16, after '496.182,' insert 'consider information,
including but not limited to all existing economic and
sociological information, that will demonstrate the economic and
social impacts that will result from listing the species under
ORS 496.171 to 496.182 and'.
On page 2, after line 37, insert:
' (4) The commission shall use the services of permanent
legislative staff and permanent state agency employees to the
greatest extent possible. However, the commission shall contract
for services from private, professional sociologists and
economists to complete the report required by this section.
' (5) Except for a species added to the list by emergency
action under ORS 496.176 (7), the commission shall begin the
process of assembling the report required by this section at the
time a species is considered for addition to the list. The
commission shall prioritize the completion of the report to
ensure that the report is available for review before the
commission holds the initial public hearing for making a
determination on the addition of the species to the list.'.
On page 3, after line 27, insert:
' { + SECTION 4. + } { + Section 2 of this 2001 Act and the
amendments to ORS 496.172 by section 3 of this 2001 Act apply to
species listed as threatened or endangered species under ORS
496.171 to 496.182 on or after the effective date of this 2001
Act. + }
' { + SECTION 5. + } ORS 469.501 is amended to read:
' 469.501. (1) The Energy Facility Siting Council shall adopt
standards for the siting, construction, operation and retirement
of facilities. The standards may address but need not be limited
to the following subjects:
' (a) The organizational, managerial and technical expertise of
the applicant to construct and operate the proposed facility.
' (b) Seismic hazards.
' (c) Areas designated for protection by the state or federal
government, including but not limited to monuments, wilderness
areas, wildlife refuges, scenic waterways and similar areas.
' (d) The financial ability and qualifications of the
applicant.
' { - (e) Effects of the facility, taking into account
mitigation, on fish and wildlife, including threatened and
endangered fish, wildlife or plant species. - }
' { - (f) - } { + (e) + } Impacts of the facility on
historic, cultural or archaeological resources listed on, or
determined by the State Historic Preservation Officer to be
eligible for listing on, the National Register of Historic Places
or the Oregon State Register of Historic Properties.
' { - (g) - } { + (f) + } Protection of public health and
safety, including necessary safety devices and procedures.
' { - (h) - } { + (g) + } The accumulation, storage,
disposal and transportation of nuclear waste.
' { - (i) - } { + (h) + } Impacts of the facility on
recreation, scenic and aesthetic values.
' { - (j) - } { + (i) + } Reduction of solid waste and
wastewater generation to the extent reasonably practicable.
' { - (k) - } { + (j) + } Ability of the communities in the
affected area to provide sewers and sewage treatment, water,
storm water drainage, solid waste management, housing, traffic
safety, police and fire protection, health care and schools.
' { - (L) - } { + (k) + } The need for proposed
nongenerating facilities as defined in ORS 469.503, consistent
with the state energy policy set forth in ORS 469.010 and
469.310. The council may consider least-cost plans when adopting
a need standard or in determining whether an applicable need
standard has been met. The council shall not adopt a standard
requiring a showing of need or cost-effectiveness for generating
facilities as defined in ORS 469.503.
' { - (m) - } { + (L) + } Compliance with the statewide
planning goals adopted by the Land Conservation and Development
Commission as specified by ORS 469.503.
' { - (n) - } { + (m) + } Soil protection.
' { - (o) - } { + (n) + } For energy facilities that emit
carbon dioxide, the impacts of those emissions on climate change.
For fossil-fueled power plants, as defined in ORS 469.503, the
council shall apply a standard as provided for by ORS 469.503
(2).
' (2) The council may adopt exemptions from any need standard
adopted under subsection { - (1)(L) - } { + (1)(k) + } of
this section if the exemption is consistent with the state's
energy policy set forth in ORS 469.010 and 469.310.
' (3) The council may issue a site certificate for a facility
that does not meet one or more of the standards adopted under
subsection (1) of this section if the council determines that the
overall public benefits of the facility outweigh the damage to
the resources protected by the standards the facility does not
meet.
' { + SECTION 6. + } ORS 496.192 is amended to read:
' 496.192. (1) { + ORS 496.171 to 496.182 apply only to
threatened or endangered species located on state-owned
lands. + } Nothing in ORS { - 496.004, - } 496.171 to 496.182
{ - or 498.026 - } is intended { - , by itself, - } to
require an owner of any commercial forestland or other private
land to take action to protect a threatened species or endangered
species, or to impose additional requirements or restrictions on
the use of private land.
' (2) { - Notwithstanding subsection (1) of this section,
Other statutes may authorize administrative rules or programs to
protect wildlife species, including threatened species or
endangered species, and - } Nothing in ORS { - 496.004, - }
496.171 to 496.182 { - or 498.026 - } shall diminish the force
or effect of { - such - } rules or programs { + adopted under
other statutes to protect wildlife species. However, such rules
or programs may not impose additional requirements or
restrictions on the use of private land to protect threatened or
endangered species listed under ORS 496.176 + }.
' { + SECTION 7. + } ORS 527.710 is amended to read:
' 527.710. (1) In carrying out the purposes of ORS 527.610 to
527.770, 527.990 (1) and 527.992, the State Board of Forestry
shall adopt, in accordance with applicable provisions of ORS
183.310 to 183.550, rules to be administered by the State
Forester establishing standards for forest practices in each
region or subregion.
' (2) The rules shall ensure the continuous growing and
harvesting of forest tree species. Consistent with ORS 527.630,
the rules shall provide for the overall maintenance of the
following resources:
' (a) Air quality;
' (b) Water resources, including but not limited to sources of
domestic drinking water;
' (c) Soil productivity; and
' (d) Fish and wildlife.
' (3)(a) In addition to its rulemaking responsibilities under
subsection (2) of this section, the board shall collect and
analyze the best available information and establish inventories
of the following resource sites needing protection:
' (A) Threatened and endangered fish and wildlife species
{ - identified on lists - } that are { - adopted, by rule,
by the State Fish and Wildlife Commission or are - } federally
listed under the Endangered Species Act of 1973 as amended;
' (B) Sensitive bird nesting, roosting and watering sites;
' (C) Biological sites that are ecologically and scientifically
significant; and
' (D) Significant wetlands.
' (b) The board shall determine whether forest practices would
conflict with resource sites in the inventories required by
paragraph (a) of this subsection. If the board determines that
one or more forest practices would conflict with resource sites
in the inventory, the board shall consider the consequences of
the conflicting uses and determine appropriate levels of
protection.
' (c) Based upon the analysis required by paragraph (b) of this
subsection, and consistent with the policies of ORS 527.630, the
board shall adopt rules appropriate to protect resource sites in
the inventories required by paragraph (a) of this subsection.
' (4) Before adopting rules under subsection (1) of this
section, the board shall consult with other agencies of this
state or any of its political subdivisions that have functions
with respect to the purposes specified in ORS 527.630 or programs
affected by forest operations. Agencies and programs subject to
consultation under this subsection include, but are not limited
to:
' (a) Air and water pollution programs administered by the
Department of Environmental Quality under ORS chapters 468A and
468B and ORS 477.013 and 477.515 to 477.532;
' (b) Mining operation programs administered by the Department
of Geology and Mineral Industries under ORS 516.010 to 516.130
and ORS chapter 517;
' (c) Game fish and wildlife, commercial fishing, licensing,
wildlife and bird refuge and fish habitat improvement tax
incentive programs administered by the State Department of Fish
and Wildlife under ORS 272.060, 315.134 and ORS chapters 496,
498, 501, 506 and 509;
' (d) Park land, Willamette River Greenway, scenic waterway and
recreation trail programs administered by the State Parks and
Recreation Department under ORS 358.475 to 358.565, 390.310 to
390.368, 390.805 to 390.925, 390.950 to 390.989 and 390.121;
' (e) The programs administered by the Columbia River Gorge
Commission under Public Law 99-663 and ORS 196.110 and 196.150;
' (f) Removal and fill, natural heritage conservation and
natural heritage conservation tax incentive programs administered
by the State Land Board and the Division of State Lands under ORS
196.800 to 196.900, 273.553 to 273.591, 307.550, 307.560 and
541.700 to 541.990;
' (g) Federal Safe Drinking Water Act programs administered by
the Health Division under ORS 448.273 to 448.990;
' (h) Natural heritage conservation programs administered by
the Natural Heritage Advisory Council under ORS 273.553 to
273.591, 307.550 and 307.560;
' (i) Open space land tax incentive programs administered by
cities and counties under ORS 308A.300 to 308A.330;
' (j) Water resources programs administered by the Water
Resources Department under ORS 536.220 to 536.540; and
' (k) Pesticide control programs administered by the State
Department of Agriculture under ORS chapter 634.
' (5) In carrying out the provisions of subsection (4) of this
section, the board shall consider and accommodate the rules and
programs of other agencies to the extent deemed by the board to
be appropriate and consistent with the purposes of ORS 527.630.
' (6) The board shall adopt rules to meet the purposes of
another agency's regulatory program where it is the intent of the
board to administer the other agency's program on forestland and
where the other agency concurs by rule. An operation performed in
compliance with the board's rules shall be deemed to comply with
the other agency's program.
' (7)(a) The board may enter into cooperative agreements or
contracts necessary in carrying out the purposes specified in ORS
527.630, including but not limited to stewardship agreements as
described in ORS 527.662.
' (b) The State Forestry Department shall enter into agreements
with appropriate state agencies for joint monitoring of the
effectiveness of forest practice rules in protecting forest
resources and water quality.
' (8) If based upon the analysis required in section 15 (2)(f),
chapter 919, Oregon Laws 1991, and as the results become
available, the board determines that additional rules are
necessary to protect forest resources pursuant to ORS 527.630,
the board shall adopt forest practice rules that reduce to the
degree practicable the adverse impacts of cumulative effects of
forest practices on air and water quality, soil productivity,
fish and wildlife resources and watersheds. Such rules shall
include a process for determining areas where adverse impacts
from cumulative effects have occurred or are likely to occur, and
may require that a written plan be submitted for harvests in such
areas.
' (9)(a) The State Forester, in cooperation with the State
Department of Fish and Wildlife, shall identify streams for which
restoration of habitat would be environmentally beneficial. The
State Forester shall select as a priority those streams where
restoration efforts will provide the greatest benefits to fish
and wildlife, and to streambank and streambed stability.
' (b) For those streams identified in paragraph (a) of this
subsection, the State Forester shall encourage landowners to
enter into cooperative agreements with appropriate state agencies
for conduct of restoration activities.
' (c) The board, in consultation with appropriate state
agencies, shall study and identify methods for restoring or
enhancing fish and wildlife populations through restoration and
rehabilitation of sites beneficial to fish and wildlife.
' (d) The board shall adopt rules to implement the findings of
this subsection.
' (10) The board shall adopt rules that provide the State
Forester with authority to condition the approval of plans
required under ORS 527.670 (2) and (3) when the State Forester
makes a determination that there is evidence of a potential
threat to resources protected under this section by controlling
method, timing and extent of harvest when the forester determines
such limitations are necessary to achieve the objectives of ORS
527.630.
' (11) In addition to its responsibilities under subsections
(1) to (3) of this section, the board shall adopt rules to reduce
the risk of serious bodily injury or death caused by a rapidly
moving landslide directly related to forest practices. The rules
shall consider the exposure of the public to these safety risks
and shall include appropriate practices designed to reduce the
occurrence, timing or effects of rapidly moving landslides. As
used in this subsection, 'rapidly moving landslide' has the
meaning given that term in ORS 195.250.'.
/sBob Jenson
Representative
/sAl King (Excused)
Representative
/sJeff Kropf
Representative
/sRyan Deckert (Dissenting)
Senator
/sTed Ferrioli
Senator
/sKen Messerle
Senator
----------