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 1566
Senate Bill 46
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Joint Interim
Transportation Committee for Senator Peter Courtney, Senator
Lenn Hannon, and Representative Jeff Kropf)
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.
Requires dredge and fill authorization in liquid or natural gas
pipeline emergency. Grants oversight responsibility to Public
Utility Commission.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to pipeline safety; amending ORS 196.810; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 196.810 is amended to read:
196.810. (1)(a) Except as otherwise specifically permitted
under ORS 196.600 to 196.905, { - no - } { + a + } person or
governmental body
{ - shall - } { + may not + } remove any material from the
beds or banks or fill any waters of this state without a permit
issued under authority of the Director of the Division of State
Lands, or in a manner contrary to the conditions set out in the
permit, or in a manner contrary to the conditions set out in an
order approving a wetlands conservation plan.
(b) Notwithstanding the permit requirements of this section and
notwithstanding the provisions of ORS 196.800 (5) and (12), if
any removal or fill activity is proposed in essential indigenous
anadromous salmonid habitat, except for those activities
customarily associated with agriculture, a permit is required. '
Essential indigenous anadromous salmonid habitat' as defined
under this section shall be further defined and designated by
rule by the Division of State Lands in consultation with the
State Department of Fish and Wildlife and in consultation with
other affected parties.
(c) { - No - } { + A + } person { - shall - } { + may
not + } be required to obtain a permit under paragraph (b) of
this subsection for prospecting resulting in the removal from or
fill of less than one cubic yard of material at any one
individual site and, cumulatively, not more than five cubic yards
of material within a designated essential indigenous anadromous
salmonid habitat segment in a single year. Prospecting shall be
conducted only within the bed or wet perimeter of the waterway
and shall not occur at any site where fish eggs are present.
Removal or filling activities customarily associated with mining
shall require a permit under paragraph (b) of this subsection.
(d) No permit { - shall be - } { + is + } required under
paragraph (b) of this subsection for construction or maintenance
of fish passage and fish screening structures that are
constructed, operated or maintained under ORS 498.311, 498.316,
498.326, 498.351 or 509.600 to 509.645.
(e) Nothing in this section shall limit or otherwise change the
exemptions under ORS 196.905.
{ - (f) As used in this section: - }
{ - (A) 'Bed' means the land within the wet perimeter and any
adjacent nonvegetated dry gravel bar. - }
{ - (B) 'Essential indigenous anadromous salmonid habitat '
means the habitat that is necessary to prevent the depletion of
indigenous anadromous salmonid species during their life history
stages of spawning and rearing. - }
{ - (C) 'Indigenous anadromous salmonid' means chum, sockeye,
Chinook and Coho salmon, and steelhead and cutthroat trout, that
are members of the family Salmonidae and are listed as sensitive,
threatened or endangered by a state or federal authority. - }
{ - (D) 'Prospecting' means searching or exploring for
samples of gold, silver or other precious minerals, using
nonmotorized methods, from among small quantities of
aggregate. - }
{ - (E) 'Wet perimeter' means the area of the stream that is
under water or is exposed as a nonvegetated dry gravel bar island
surrounded on all sides by actively moving water at the time the
activity occurs. - }
(2) { - No - } { + A + } governmental body { - shall - }
{ + may not + } issue a lease or permit contrary or in
opposition to the conditions set out in the permit issued under
ORS 196.600 to 196.905.
(3) Subsection (1) of this section does not apply to removal of
material under a contract, permit or lease with any governmental
body entered into before September 13, 1967. However, no such
contract, permit or lease may be renewed or extended on or after
September 13, 1967, unless the person removing the material has
obtained a permit under ORS 196.600 to 196.905.
(4) Notwithstanding subsection (1) of this section { - , - }
{ + :
(a) + } The Division of State Lands may issue, orally or in
writing, an emergency authorization for the removal of material
from the beds or banks or filling of any waters of this state in
an emergency, for the purpose of making repairs or for the
purpose of preventing irreparable harm, injury or damage to
persons or property.
{ + (b) + } { - The - } { + An + } emergency
authorization issued under this subsection:
{ - (a) - } { + (A) + } Shall contain conditions of
operation that the division determines are necessary to minimize
impacts to water resources or adjoining properties.
{ - (b) - } { + (B) + } Shall be based, whenever
practicable, on the recommendations contained in an on-site
evaluation by an employee or representative of the division.
{ - (c) - } { + (C) + } If issued orally, shall be
confirmed in writing by the division within five days.
{ + (c) Notwithstanding paragraph (b) of this subsection, the
Division of State Lands shall issue, orally or in writing, an
emergency authorization for the removal of material from the beds
or banks or the filling of any waters of this state to an owner
or operator of an oil, gas or petroleum products pipeline if the
chairperson of the Public Utility Commission, or the
chairperson's designee, determines a pipeline emergency exists.
The Division of State Lands shall immediately issue authorization
pursuant to this section for the purpose of making repairs,
preventing serious bodily injury or death to persons or
preventing irreparable harm, injury or damage to property. The
Public Utility Commission shall oversee all pipeline-related
activities authorized by the Division of State Lands under this
paragraph.
(5) As used in this section:
(a) 'Bed' means the land within the wet perimeter and any
adjacent nonvegetated dry gravel bar.
(b) 'Essential indigenous anadromous salmonid habitat ' means
the habitat that is necessary to prevent the depletion of
indigenous anadromous salmonid species during their life history
stages of spawning and rearing.
(c) 'Indigenous anadromous salmonid' means chum, sockeye,
Chinook and Coho salmon, and steelhead and cutthroat trout, that
are members of the family Salmonidae and are listed as sensitive,
threatened or endangered by a state or federal authority.
(d) 'Prospecting' means searching or exploring for samples of
gold, silver or other precious minerals, using nonmotorized
methods, from among small quantities of aggregate.
(e) 'Wet perimeter' means the area of the stream that is under
water or is exposed as a nonvegetated dry gravel bar island
surrounded on all sides by actively moving water at the time the
activity occurs. + }
SECTION 2. { + 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. + }
----------