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 3030
 
                           A-Engrossed
 
                         Senate Bill 703
                 Ordered by the Senate April 16
           Including Senate Amendments dated April 16
 
Sponsored by Senator SHIELDS
 
 
                             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.
 
    { - Allows public contract for public improvement to be
awarded to bidder proposing to dispose of clean fill in qualified
mine irrespective of requirement to award contract to lowest
bidder. - } Defines clean fill and qualified mine. Allows
 { - state agency or - } public agency to require { + , as part
of public contract for public improvement, + } that bidder
dispose of clean fill at qualified mine
  { - in certain circumstances - } .
 
                        A BILL FOR AN ACT
Relating to reclamation of mines.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of ORS 279.005 to 279.111. + }
  SECTION 2.  { + (1) A public agency may require, as part of a
public contract for a public improvement, that a bidder dispose
of clean fill in a qualified mine.
  (2) As used in this section:
  (a) 'Clean fill' means material that:
  (A) Consists of soil, rock, concrete, brick, building block,
tile or asphalt paving; and
  (B) Does not contain contaminants that could adversely impact
the waters of this state or public health or contain:
  (i) Putrescible wastes;
  (ii) Construction and demolition wastes; or
  (iii) Industrial solid wastes.
  (b) 'Qualified mine' means a mine that is:
  (A) Being reclaimed under a state or federally approved
reclamation plan; or
  (B) Located in an area that a state or federal agency has
designated or otherwise determined as habitat for or potential
habitat for any endangered or threatened species. + }
  SECTION 3.  { + Section 2 of this 2001 Act applies to public
contracts for public improvements awarded on or after the
effective date of this 2001 Act. + }
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