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
 
                         Senate Bill 703
 
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 as
introduced.
 
  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 that bidder dispose of clean fill at
qualified mine in certain circumstances.
 
                        A BILL FOR AN ACT
Relating to reclamation of mines; creating new provisions; and
  amending ORS 279.545.
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 279.545 to 279.650. + }
  SECTION 2.  { + (1) Notwithstanding ORS 279.029, a public
agency or state agency awarding a public contract for a public
improvement shall consider the estimated cost of disposal of
clean fill from the public improvement and give preference to a
bidder proposing to dispose of clean fill in qualified mines.
  (2) A public agency or state agency may require, as part of a
public contract for a public improvement, that bidders dispose of
clean fill in qualified mines if the cost of the disposal in a
qualified mine is:
  (a) Economically feasible;
  (b) No greater than five percent more than a disposal of clean
fill in any other location; or
  (c) Comparable to disposal of clean fill in any other location
once a environmental benefit credit, based on the estimated
environmental benefit achieved by depositing clean fill in a
qualified mine, is deducted from the bid.
  (3) At its discretion, a state agency or public agency may give
preference to a bidder even if the cost of disposal of clean fill
at a qualified mine exceeds the cost of disposal of clean fill at
another location by more than five percent. + }
  SECTION 3. ORS 279.545 is amended to read:
  279.545. As used in ORS 279.545 to 279.650, unless the context
otherwise requires:
   { +  (1) 'Clean fill' means material consisting of soil, rock,
concrete, brick, building block, tile or asphalt paving material
that does not contain contamination that may degrade the waters
of the state, pose a public health hazard or generate offensive
or harmful materials during decomposition. + }
    { - (1) - }   { + (2) + } 'Post-consumer waste' means a
finished material which would normally be disposed of as solid
waste, having completed its life cycle as a consumer item.
'Post-consumer waste' does not include manufacturing waste.
    { - (2) - }   { + (3) + } 'Public agency' means a county,
city, special district or other public or municipal corporation,
and any instrumentality thereof.
   { +  (4) '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 is recognized as habitat or
potential habitat for any endangered or threatened species. + }
    { - (3) - }   { + (5) + } 'Recycled material' means any
material that would otherwise be a useless, unwanted or discarded
material except for the fact that the material still has useful
physical or chemical properties after serving a specific purpose
and can, therefore, be reused or recycled.
    { - (4) - }   { + (6) + } 'Recycled paper' means a paper
product with not less than:
  (a) Fifty percent of its fiber weight consisting of secondary
waste materials; or
  (b) Twenty-five percent of its fiber weight consisting of
post-consumer waste.
    { - (5) - }   { + (7) + } 'Recycled PETE product' means a
product containing post-consumer polyethylene terephthalate
material.
    { - (6) - }   { + (8) + } 'Recycled product' means all
materials, goods and supplies, not less than 50 percent of the
total weight of which consists of secondary and post-consumer
waste with not less than 10 percent of its total weight
consisting of post-consumer waste.  ' Recycled product' also
includes any product that could have been disposed of as solid
waste, having completed its life cycle as a consumer item, but
otherwise is refurbished for reuse without substantial alteration
of the product's form.
    { - (7) - }   { + (9) + } 'Secondary waste materials' means
fragments of products or finished products of a manufacturing
process which has converted a virgin resource into a commodity of
real economic value, and includes post-consumer waste, but does
not include excess virgin resources of the manufacturing process.
For paper, ' secondary waste materials' does not include fibrous
waste generated during the manufacturing process such as fibers
recovered from waste water or trimmings of paper machine rolls,
mill broke, wood slabs, chips, sawdust or other wood residue from
a manufacturing process.
    { - (8) - }   { + (10) + } 'State agency' includes the
Legislative Assembly, the courts and their officers and
committees and the constitutional state officers.
  SECTION 4.  { + Section 2 of this 2001 Act and the amendments
to ORS 279.545 by section 3 of this 2001 Act apply to bids for
public contracts for public improvements made on or after the
effective date of this 2001 Act. + }
                         ----------