71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to SB 957
LC 3997/SB 957-3
SENATE AMENDMENTS TO
SENATE BILL 957
By COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON, AND WATER
May 7
On page 1 of the printed bill, line 2, after 'agencies ' delete
the rest of the line and insert '; and declaring an emergency.'.
Delete lines 4 through 26 and delete pages 2 through 5 and
insert:
' { + SECTION 1. + } { + (1) As used in this section and
section 2 of this 2001 Act, 'permit' means an individual and
particularized license, permit, certificate, approval,
registration or similar form of permission required by law to
pursue any activity specified in this section, for which an
agency must weigh information, make specific findings and make
determinations on a case-by-case basis for each applicant.
' (2) The requirements of this section and section 2 of this
2001 Act apply to the following permits granted by:
' (a) The Department of Environmental Quality under ORS
448.415, 454.655, 454.695, 454.790, 454.800, 459.205, 465.315,
465.325, 466.140, 466.145, 466.706 to 466.882, 468A.040,
468A.310, 468B.035, 468B.040, 468B.045, 468B.050 and 468B.095.
' (b) The Division of State Lands under ORS 196.800 to 196.900
and 390.805 to 390.925.
' (c) The Water Resources Department under ORS chapters 537 and
540, except those permits issued under ORS 537.747 to 537.765.
' (d) The State Forestry Department for which written plans are
required under ORS chapter 527.
' (e) The State Department of Agriculture pursuant to ORS
468B.200 to 468B.230 and 622.250.
' (f) The State Department of Fish and Wildlife pursuant to ORS
497.142, 497.218, 497.228, 497.238, 497.248, 497.252, 497.298,
497.308, 498.019, 498.279, 498.284, 508.106, 508.300, 508.760,
508.775, 508.801, 508.840, 508.880, 508.926 and 509.140.
' (g) The Department of Transportation pursuant to ORS
374.312. + }
' { + SECTION 2. + } { + (1) At the time a person applies
for a permit specified in section 1 of this 2001 Act, the issuing
agency shall offer a document to that applicant that specifies
the criteria and procedures for evaluating a permit application.
' (2) The agencies specified in section 1 of this 2001 Act must
document in writing the basis for all decisions to deny a permit
specified in section 1 of this 2001 Act, including citation to
the criteria applied by the agency and the manner in which agency
standards were utilized in applying the criteria. The
documentation required under this section shall be made part of
the record for the decision on the permit application.
' (3) At least one officer or employee of the issuing agency
who has authority to sign orders on behalf of the agency, or the
officer or employee responsible for the decision to deny a permit
specified in section 1 of this 2001 Act, shall sign the
documentation required under subsection (2) of this section.
' (4) The issuing agency shall provide to the applicant a copy
of the documentation required under subsection (2) of this
section. + }
' { + SECTION 3. + } { + Each issuing agency specified in
section 1 of this 2001 Act shall make a report to the
Seventy-second Legislative Assembly that describes the actions
the agency has taken or the rules the agency has adopted to
improve the services provided to applicants and to increase
applicant understanding of the permit process, including the
agency's criteria and procedures for denying permits. + }
' { + SECTION 4. + } { + (1) To allow time for agencies
specified in section 1 of this 2001 Act to assemble appropriate
materials and to pursue rulemaking if necessary, the provisions
of section 2 of this 2001 Act become operative on the 90th day
following the effective date of this 2001 Act.
' (2) The provisions of section 2 of this 2001 Act apply to
permits applied for on or after the operative date of section 2
of this 2001 Act. + }
' { + SECTION 5. + } { + 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. + } ' .
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