71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 957
Sponsored by Senator MESSERLE; Senators ATKINSON, L BEYER,
DERFLER, FERRIOLI, FISHER, GEORGE, METSGER, MILLER, NELSON,
SHIELDS, Representatives BUTLER, JENSON, JOHNSON, KING,
KRIEGER, KROPF, KRUSE, LEE, LEONARD, MINNIS, MORGAN, SIMMONS, P
SMITH
CHAPTER ................
AN ACT
Relating to state agencies; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
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
Enrolled Senate Bill 957 (SB 957-A) Page 1
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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Passed by Senate May 9, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 25, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 957 (SB 957-A) Page 2
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 957 (SB 957-A) Page 3