72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
HA to A-Eng. HB 2899
LC 2810/HB 2899-A5
HOUSE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 2899
By JOINT COMMITTEE ON WAYS AND MEANS
July 25
On page 1 of the printed A-engrossed bill, line 4, delete ' and
196.835' and insert ', 196.835, 468B.300 and 468B.405'.
On page 16, after line 26, insert:
' { + SECTION 21. + } ORS 468B.300 is amended to read:
' 468B.300. As used in ORS 468.020, 468.095, 468.140 (3) and
468B.300 to 468B.500:
' (1) 'Bulk' means material stored or transported in loose,
unpackaged liquid, powder or granular form capable of being
conveyed by a pipe, bucket, chute or belt system.
' (2) 'Cargo vessel' means a self-propelled ship in commerce,
other than a tank vessel, of 300 gross tons or more. 'Cargo
vessel' does not include a vessel used solely for commercial fish
harvesting.
' (3) 'Commercial fish harvesting' means taking food fish with
any gear unlawful for angling under ORS 506.006, or taking food
fish in excess of the limits permitted for personal use, or
taking food fish with the intent of disposing of such food fish
or parts thereof for profit, or by sale, barter or trade, in
commercial channels.
' (4) 'Contingency plan' means an oil spill prevention and
emergency response plan required under ORS 468B.345.
' (5) 'Covered vessel' means a tank vessel, cargo
vessel { + , + }
{ - or - } passenger vessel { + or dredge vessel + }.
' (6) 'Damages' includes damages, costs, losses, penalties or
attorney fees of any kind for which liability may exist under the
laws of this state resulting from, arising out of or related to
the discharge or threatened discharge of oil.
' (7) 'Discharge' means any emission other than natural seepage
of oil, whether intentional or unintentional. 'Discharge '
includes but is not limited to spilling, leaking, pumping,
pouring, emitting, emptying or dumping oil.
{ + ' (8) 'Dredge vessel' means a self-propelled vessel of
300 or more gross tons that is equipped for regularly engaging in
dredging of submerged and submersible lands. + }
' { - (8) - } { + (9) + } 'Exploration facility' means a
platform, vessel or other offshore facility used to explore for
oil in the navigable waters of the state. 'Exploration facility'
does not include platforms or vessels used for stratigraphic
drilling or other operations that are not authorized or intended
to drill to a producing formation.
' { - (9) - } { + (10) + } 'Facility' means a pipeline or
any structure, group of structures, equipment or device, other
than a vessel located on or near navigable waters of a state,
that is used for producing, storing, handling, transferring,
processing or transporting oil in bulk and that is capable of
storing or transporting 10,000 or more gallons of oil. 'Facility'
does not include:
' (a) A railroad car, motor vehicle or other rolling stock
while transporting oil over the highways or rail lines of this
state;
' (b) An underground storage tank regulated by the Department
of Environmental Quality or a local government under ORS 466.706
to 466.882 and 466.994; or
' (c) Any structure, group of structures, equipment or device,
other than a vessel located on or near navigable waters of a
state, that is used for producing, storing, handling,
transferring, processing or transporting oil in bulk and that is
capable of storing or transporting 10,000 or more gallons of oil
but does not receive oil from tank vessels, barges or pipelines.
' { - (10) - } { + (11) + } 'Federal on-scene coordinator'
means the federal official predesignated by the United States
Environmental Protection Agency or the United States Coast Guard
to coordinate and direct federal responses or the official
designated by the lead agency to coordinate and direct removal
under the National Contingency Plan.
' { - (11) - } { + (12) + } 'Hazardous material' has the
meaning given that term in ORS 466.605.
' { - (12) - } { + (13) + } 'Maritime association' means an
association or cooperative of marine terminals, facilities,
vessel owners, vessel operators, vessel agents or other maritime
industry groups, that provides oil spill response planning and
spill related communications services within the state.
' { - (13) - } { + (14) + } 'Maximum probable spill' means
the maximum probable spill for a vessel operating in the
navigable waters of the state considering the history of spills
of vessels of the same class operating on the west coast of the
United States.
' { - (14) - } { + (15) + } 'Navigable waters' means the
Columbia River, the Willamette River up to Willamette Falls, the
Pacific Ocean and estuaries to the head of tidewater.
' { - (15) - } { + (16) + } 'National Contingency Plan'
means the plan prepared and published under section 311(d) of the
Federal Water Pollution Control Act, 33 U.S.C. 1321(d), as
amended by the Oil Pollution Act of 1990 (P.L. 101-380).
' { - (16) - } { + (17) + } 'Offshore facility' means any
facility located in, on or under any of the navigable waters of
the state.
' { - (17) - } { + (18) + } 'Oils' or 'oil' means oil,
including gasoline, crude oil, fuel oil, diesel oil, lubricating
oil, sludge, oil refuse and any other petroleum related product.
' { - (18) - } { + (19) + } 'Onshore facility' means any
facility located in, on or under any land of the state, other
than submerged land, that, because of its location, could
reasonably be expected to cause substantial harm to the
environment by discharging oil into or on the navigable waters of
the state or adjoining shorelines.
' { - (19) - } { + (20) + } 'Passenger vessel' means a ship
of 300 or more gross tons carrying passengers for compensation.
' { - (20) - } { + (21) + } 'Person' has the meaning given
the term in ORS 468.005.
' { - (21) - } { + (22) + } 'Person having control over oil'
includes but is not limited to any person using, storing or
transporting oil immediately prior to entry of such oil into the
navigable waters of the state, and shall specifically include
carriers and bailees of such oil.
' { - (22) - } { + (23) + } 'Pipeline' means a facility,
including piping, compressors, pump stations and storage tanks,
used to transport oil between facilities or between facilities
and tank vessels.
' { - (23) - } { + (24) + } 'Region of operation' with
respect to the holder of a contingency plan means the area where
the operations of the holder that require a contingency plan are
located.
' { - (24) - } { + (25) + } 'Removal costs' means the costs
of removal that are incurred after a discharge of oil has
occurred or, in any case in which there is a substantial threat
of a discharge of oil, the costs to prevent, minimize or mitigate
oil pollution from the incident.
' { - (25) - } { + (26) + } 'Responsible party' has the
meaning given under section 1001 of the Oil Pollution Act of 1990
(P.L. 101-380).
' { - (26) - } { + (27) + } 'Ship' means any boat, ship,
vessel, barge or other floating craft of any kind.
' { - (27)(a) - } { + (28)(a) + } 'State on-scene
coordinator' means the state official appointed by the Department
of Environmental Quality to represent the department and the
State of Oregon in response to an oil or hazardous material spill
or release or threatened spill or release and to coordinate
cleanup response with state and local agencies.
' (b) For purposes of this subsection:
' (A) 'Spill or release' means the discharge, deposit,
injection, dumping, spilling, emitting, releasing, leaking or
placing of any oil or hazardous material into the air or into or
on any land or waters of this state except as authorized by a
permit issued under ORS chapter 454, 459, 459A, 468, 468A, 468B
or 469 or ORS 466.005 to 466.385, 466.990 (1) and (2) or 466.992
or federal law, or except when being stored or used for its
intended purpose.
' (B) 'Threatened spill or release' means that oil or hazardous
material is likely to escape or be carried into the air or into
or on any land or waters of this state.
' { - (28) - } { + (29) + } 'Tank vessel' means a ship that
is constructed or adapted to carry oil in bulk as cargo or cargo
residue. 'Tank vessel' does not include:
' (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.
' { - (29) - } { + (30) + } 'Worst case spill' means:
' (a) In the case of a vessel, a spill of the entire cargo and
fuel of the tank vessel complicated by adverse weather
conditions; and
' (b) In the case of an onshore or offshore facility, the
largest foreseeable spill in adverse weather conditions.
' { + SECTION 22. + } ORS 468B.405 is amended to read:
' 468B.405. (1) The Department of Environmental Quality shall
assess the following fees on covered vessels and offshore and
onshore facilities to recover the costs of reviewing the plans
and conducting the inspections, exercises, training and
activities required under ORS 468B.345 to 468B.400 { + on
all + }:
' (a) { - On all - } Cargo { + and passenger + } vessels,
$48 per trip.
' (b) { - On all - } Nonself-propelled tank vessels, $42 per
trip.
' (c) { - On all - } Self-propelled tank vessels of 300
gross tons or less, $42 per trip.
' (d) { - On all - } Self-propelled tank vessels over 300
gross tons, $836 per trip.
' (e) { - On all - } Offshore and onshore facilities, $4,500
per year.
{ + ' (f) Dredge vessels, $24 per day when operating in the
navigable waters of the state. + }
' (2) Moneys collected under this section shall be deposited in
the State Treasury to the credit of the Oil Spill Prevention Fund
established under ORS 468B.410.
' (3) As used in this section, 'trip' means travel to the
appointed destination and return travel to the point of origin
within the navigable waters of this state. For the purpose of
assessing trip fees under this section, self-propelled tank
vessels transiting the navigable waters of this state in ballast
shall be considered cargo vessels.'.
In line 27, delete '21' and insert '23'.
In line 29, delete '22' and insert '24'.
----------