Chapter 692 Oregon Laws 2003

AN ACT

HB 3620

Relating to ballast water; creating new provisions; amending ORS 783.625 and 783.630; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 783.625 is amended to read:

783.625. As used in ORS 783.625 to 783.640, 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)] (1) “Ballast water” means any water [and associated sediment] used to manipulate the trim and stability of a vessel.

[(3)] (2) “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)] (3) “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; or

(c) In accordance with regional or federal guidelines that provide for methods of replacing ballast water that are equally or more protective of the waters of this state than the methods provided in paragraphs (a) and (b) of this subsection.

[(5)] (4) “Department” means the Department of Environmental Quality.

[(6)] (5) “Oil” means oil, gasoline, crude oil, fuel oil, diesel oil, lubricating oil, oil sludge, oil refuse and any other petroleum related product.

[(7)] (6) “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)] (7) “Passenger vessel” means a ship of 300 gross tons or more carrying passengers for compensation.

[(9)] (8) “Sediment” means any matter that settles out of ballast water.

[(10)] (9) “Ship” means any boat, ship, vessel, barge or other floating craft of any kind.

[(11)] (10) “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

[(12)] (11) “Vessel” means a tank vessel, cargo vessel or passenger vessel.

[(13)] (12) “Voyage” means any transit by a vessel destined for any Oregon port.

[(14)] (13) “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. ORS 783.630 is amended to read:

783.630. (1) This section and ORS 783.635 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] is 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;

(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; or

(f) Discharges ballast water that has been treated to remove organisms in a manner that is approved by the United States Coast Guard.

(2) ORS 783.630 to 783.640 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 ORS 783.640, whether or not ballast water is carried or discharged in the waters of this state.

SECTION 3. (1)(a) There is created the Task Force on Ballast Water Management.

(b) The President of the Senate and the Speaker of the House of Representatives shall appoint two members from among members of the Legislative Assembly to serve in an advisory capacity to the task force.

(c) The Director of the Department of Environmental Quality may appoint members to the task force who represent federal, state, State of Washington, maritime, environmental and academic interests.

(2) The purpose of the task force is to study and make recommendations on changes and additions to ORS 783.630 to 783.640, including but not limited to the following considerations:

(a) Shipping industry compliance with ORS 783.630 to 783.640;

(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 nonindigenous species into the waters of Oregon;

(e) The compatibility of ORS 783.630 to 783.640 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 Alaska, California and Washington 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 nonindigenous species;

(g) Amendments to the National Invasive Species Act of 1996 (P.L. 104-332) for a single national system of regulation; and

(h) The degree to which ballast water management is consistent with and made a part of efforts to eradicate invasive species throughout Oregon.

(3) The task force is subject to the provisions of ORS 171.605 to 171.635 and has the authority contained in ORS 171.505 and 171.510.

(4) Portland State University may provide staff support or coordination assistance to the task force, subject to available funding from gifts, grants or donations.

(5) All agencies of state government, as defined in ORS 174.111, are directed to assist the task force in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the task force consider necessary to perform their duties.

(6) A majority of the members of the task force constitutes a quorum for the transaction of business.

(7) Official action by the task force requires the approval of a majority of the members of the task force.

(8) The task force shall elect one of its members to serve as chairperson.

(9) The task force shall submit a report, including recommendations for legislation, to an interim committee related to natural resources as appropriate, in the manner provided by ORS 192.245, no later than October 1, 2004.

(10) Notwithstanding ORS 171.072, members of the task force who are members of the Legislative Assembly are not entitled to mileage expenses or a per diem and serve as volunteers on the task force. Other members of the task force are not entitled to compensation or reimbursement for expenses and serve as volunteers on the task force.

(11) As used in this section, “aquatic nonindigenous species” means any species or other viable biological material that enters an ecosystem beyond its historic range.

SECTION 4. The amendments to ORS 783.625 and 783.630 by sections 1 and 2 of this 2003 Act become operative on January 1, 2004.

SECTION 5. Section 3 of this 2003 Act is repealed on December 31, 2004.

SECTION 6. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor August 21, 2003

Filed in the office of Secretary of State August 21, 2003

Effective date August 21, 2003

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