71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to SB 895
 
LC 2734/SB 895-3
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 895
 
By COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON, AND WATER
 
                            April 11
 
  On page 1 of the printed bill, after line 2, insert:
  ' Whereas the Legislative Assembly finds that aquatic nuisance
species have the potential to cause economic and environmental
damage to this state and that current national efforts to stop
the introduction of aquatic nuisance species through ballast
water from shipping vessels do not adequately reduce the risk of
new introductions into the waters of this state; and
  ' Whereas the Legislative Assembly finds that no treatment
technology currently exists to adequately address the issue of
ballast water management and that research into treatment
technologies and consistent federal standards must be developed
in order to fully address this issue; and
  ' Whereas the Legislative Assembly finds that deep ocean
exchange of ballast water is an interim partial solution that is
available to ocean-going vessels and has yet to be fully
implemented by industry; and
  ' Whereas the Legislative Assembly recognizes the international
ramifications and rapidly changing dimensions of this issue and
the difficulty that any one state has in legally, cost
effectively or practically managing this issue; and
  ' Whereas recognizing the possible limits of state jurisdiction
over international issues, the Legislative Assembly declares its
support for the efforts of the United Nations International
Maritime Organization and the United States Coast Guard; and
  ' Whereas the State of Oregon intends to complement, to the
extent practical and cost effective, the United States Coast
Guard's ballast water management program and recommend necessary
changes and improvements to the United States Coast Guard in the
program; and
  ' Whereas the Legislative Assembly recognizes that the State of
Oregon and the State of Washington face certain special legal
issues arising from the shared waters of the Columbia River; and
  ' Whereas the Legislative Assembly intends that, when practical
and cost effective, implementation of sections 1 to 5 of this
2001 Act shall be coordinated with related rules and regulations
adopted by the State of Washington and the State of California;
and
  ' Whereas the Legislative Assembly recognizes that ballast
water should be managed from the federal level and urges the
United States Congress to strengthen the federal ballast water
program and, with regional input, apply consistent rules and
standards for all waters of the United States; and
  ' Whereas the Legislative Assembly fully intends for this 2001
Act to conform to future federal laws on ballast water
management; now, therefore,'.
  Delete lines 4 through 29 and delete pages 2 and 3 and insert:
  '  { +  SECTION 1. + }  { + As used in sections 1 to 5 of this
2001 Act, unless the context requires otherwise:
 
 
  ' (1) 'Aquatic nuisance species' means any species or other
viable biological material that enters an ecosystem beyond its
historic range.
  ' (2) 'Ballast water' means any water and associated sediment
used to manipulate the trim and stability of a vessel.
  ' (3) 'Cargo vessel' means a self-propelled ship in commerce,
other than a tank vessel or a vessel used solely for commercial
fish harvesting, of 300 gross tons or more.
  ' (4) 'Coastal exchange' means replacing the ballast water
taken onboard at a North American coastal port in one of the
following manners:
  ' (a) For vessels departing from a North American coastal port
located south of the parallel 40 degrees north latitude, and
traveling northward into the waters of this state, the
replacement of ballast water at sea south of the parallel 40
degrees north latitude; or
  ' (b) For vessels departing from a North American coastal port
located north of the parallel 50 degrees north latitude, and
traveling southward into the waters of this state, the
replacement of ballast water at sea north of the parallel 50
degrees north latitude.
  ' (5) 'Department' means the Department of Environmental
Quality.
  ' (6) 'Oil' means oil, gasoline, crude oil, fuel oil, diesel
oil, lubricating oil, oil sludge, oil refuse and any other
petroleum related product.
  ' (7) 'Open sea exchange' means a replacement of ballast water
that occurs in an area no less than 200 nautical miles from any
shore and where the water depth exceeds 2,000 meters.
  ' (8) 'Passenger vessel' means a ship of 300 gross tons or more
carrying passengers for compensation.
  ' (9) 'Sediment' means any matter that settles out of ballast
water.
  ' (10) 'Ship' means any boat, ship, vessel, barge or other
floating craft of any kind.
  ' (11) 'Tank vessel' means a ship that is constructed or
adapted to carry oil in bulk as cargo or cargo residue other
than:
  ' (a) A vessel carrying oil in drums, barrels or other
packages;
  ' (b) A vessel carrying oil as fuel or stores for that vessel;
or
  ' (c) An oil spill response barge or vessel.
  ' (12) 'Vessel' means a tank vessel, cargo vessel or passenger
vessel.
  ' (13) 'Voyage' means any transit by a vessel destined for any
Oregon port.
  ' (14) 'Waters of this state' means natural waterways including
all tidal and nontidal bays, intermittent streams, constantly
flowing streams, lakes, wetlands and other bodies of water in
this state, navigable and nonnavigable, including that portion of
the Pacific Ocean that is in the boundaries of Oregon. + }
  '  { +  SECTION 2. + }  { + (1) This section and section 3 of
this 2001 Act apply to all vessels carrying ballast water into
the waters of this state from a voyage, except a vessel that:
  ' (a) Discharges ballast water or sediment only at the location
where the ballast water or sediment originated, if the ballast
water or sediment are not mixed with ballast water or sediment
from areas other than open sea waters;
  ' (b) Does not discharge ballast water in waters of this state;
  ' (c) Traverses only the internal waters of this state;
  ' (d) Traverses only the territorial sea of the United States
and does not enter or depart an Oregon port or navigate the
waters of this state; or
 
 
  ' (e) Discharges ballast water or sediment that originated
solely from waters located between the parallel 40 degrees north
latitude and the parallel 50 degrees north latitude.
  ' (2) Sections 2 to 4 of this 2001 Act do not authorize the
discharge of oil or noxious liquid substances in a manner
prohibited by state, federal or international laws or
regulations.  Ballast water containing oil or noxious liquid
substances shall be discharged in accordance with the applicable
requirements.
  ' (3) Nothing in this section:
  ' (a) Requires an open sea exchange or coastal exchange if the
owner or operator in charge of a vessel determines that
performing an open sea exchange or coastal exchange would
threaten the safety or stability of the vessel or the safety of
the vessel's crew or passengers because of any extraordinary
condition, including but not limited to adverse weather, vessel
design limitations or equipment failure.
  ' (b) Exempts the owner or operator in charge of a vessel from
the reporting requirements under section 4 of this 2001 Act,
whether or not ballast water is carried or discharged in the
waters of this state. + }
  '  { +  SECTION 3. + }  { + (1) Except as authorized by this
section, the discharge of ballast water in the waters of this
state is prohibited.
  ' (2) An owner or operator of a vessel may discharge ballast
water in the waters of this state:
  ' (a) If the owner or operator has conducted an open sea
exchange, or a coastal exchange, if applicable, of ballast water
prior to entering the waters of this state; or
  ' (b) Without performing an open sea exchange or a coastal
exchange of ballast water if the owner or operator reasonably
believes that an exchange would threaten the safety of the vessel
or if the exchange is not feasible due to vessel design
limitations or equipment failure.
  ' (3) An owner or operator who discharges ballast water in the
waters of this state under subsection (2)(b) of this section is
subject to the reporting requirements under section 4 of this
2001 Act. + }
  '  { +  SECTION 4. + }  { + (1) Owners or operators of vessels
regulated under sections 2 to 4 of this 2001 Act must report
ballast water management information to the Department of
Environmental Quality at least 24 hours prior to entering the
waters of this state. The department may work with maritime
associations to establish the manner and form of such reporting.
  ' (2) The department may verify compliance with sections 2 to 4
of this 2001 Act by relying on tests conducted by the United
States Coast Guard or on other tests determined to be appropriate
by the department. + }
  '  { +  SECTION 5. + }  { + (1) The Director of the Department
of Environmental Quality shall establish a task force to study
and recommend appropriate changes and additions to sections 2 to
4 of this 2001 Act, including but not limited to changes based
upon the following considerations:
  ' (a) Shipping industry compliance with sections 2 to 4 of this
2001 Act;
  ' (b) Practical and cost-effective ballast water treatment
technologies;
  ' (c) Appropriate standards for discharge of treated ballast
water in waters of this state;
  ' (d) The degree to which open sea exchange and coastal
exchange of ballast water decreases the risk of transporting
aquatic nuisance species into the waters of Oregon;
  ' (e) The compatibility of sections 2 to 4 of this 2001 Act
with new laws enacted by the United States Congress, regulations
promulgated by the United States Coast Guard and ballast water
 
management programs established by the States of Washington and
California and the Province of British Columbia;
  ' (f) Research requirements for ballast water treatment
technology and other areas of concern related to the possible
introduction of aquatic nuisance species; and
  ' (g) Amendments to the National Invasive Species Act of 1996
(P.L. 104-332) for a single national system of regulation.
  ' (2) The Department of Environmental Quality shall provide
staff and technical assistance to the task force.
  ' (3) The director shall consider appointing persons to the
task force who represent federal, state, State of Washington,
maritime, environmental and academic interests.
  ' (4) Two members of the Legislative Assembly appointed jointly
by the President of the Senate and the Speaker of the House of
Representatives shall act in an advisory capacity to the task
force.
  ' (5) The task force shall report its recommendations to the
appropriate House of Representatives and Senate committees of the
Seventy-second Legislative Assembly by January 2003. + }
  '  { +  SECTION 6. + }  { + The Director of the Department of
Environmental Quality shall establish the task force specified in
section 5 of this 2001 Act no later than 60 days after the
effective date of this 2001 Act. + }
  '  { +  SECTION 7. + } (1) Except as provided in subsection (2)
of this section, the Director of the'.
  On page 4, line 2, delete '4 to 6' and insert '2 to 4'.
  In line 8, delete '6' and insert '4'.
  In line 10, delete '9' and insert '8'.
  In line 12, delete '5' and insert '3'.
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