71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 895
Sponsored by Senator MESSERLE, Representative KAFOURY; Senators
ATKINSON, BROWN, CARTER, DECKERT, GORDLY, SHIELDS,
Representatives BECK, BROWN, JENSON, JOHNSON, LEE, MERKLEY,
MONNES ANDERSON, VERGER (at the request of Port of Portland,
Oregon Ports Group)
CHAPTER ................
AN ACT
Relating to ballast water management; creating new provisions;
and amending ORS 783.600.
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
Enrolled Senate Bill 895 (SB 895-B) Page 1
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,
Be It Enacted by the People of the State of Oregon:
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. + }
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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. + }
Enrolled Senate Bill 895 (SB 895-B) Page 3
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;
(g) Amendments to the National Invasive Species Act of 1996
(P.L. 104-332) for a single national system of regulation; and
(h) How ballast water management is consistent with and made a
part of efforts to eradicate invasive species throughout Oregon.
(2) Subject to available funding from gifts, grants or
donations, Portland State University may, from the appropriate
department, provide staff and coordination 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 Department of Environmental
Quality may impose a civil penalty on the owner or operator of a
vessel for failure to comply with the requirements of sections 2
to 4 of this 2001 Act. The penalty imposed under this section may
not exceed $5,000 for each violation. In determining the penalty
imposed, the director shall consider whether the violation was
intentional, negligent or without any fault and shall consider
the quality and nature of risks created by the violation. The
owner or operator of a vessel subject to such a penalty may
contest the determination by requesting a hearing under ORS
183.413 to 183.470.
(2) The civil penalty for a violation of the reporting
requirements of section 4 of this 2001 Act may not exceed $500
per violation. + }
SECTION 8. ORS 783.600 is amended to read:
Enrolled Senate Bill 895 (SB 895-B) Page 4
783.600. { - No person, whether an officer of a vessel or
not, shall - } { + Except as provided in section 3 of this 2001
Act, a person may not + } discharge the ballast of any vessel
into the navigable portions or channels of any of the bays,
harbors or rivers of this state, or within the jurisdiction of
this state, so as to injuriously affect such portions or channels
of such bays, harbors or rivers, or to obstruct navigation
thereof.
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Passed by Senate May 31, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 7, 2001
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Speaker of House
Enrolled Senate Bill 895 (SB 895-B) Page 5
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 895 (SB 895-B) Page 6