72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2810
 
                           C-Engrossed
 
                         House Bill 2899
                 Ordered by the Senate August 23
 Including House Amendments dated May 21 and July 25 and Senate
                   Amendments dated August 23
 
Sponsored by Representative BUTLER
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
    { - Defines terms relating to wetlands. Allows Director of
Division of State Lands to pay certain costs to carry out
provisions to offset removal and fill of wetlands. Requires
director to encourage development and approval of mitigation
banks and other types of compensatory wetland mitigation.
Modifies use of credits from mitigation bank. Modifies comment
and reporting requirements relating to mitigation banks. Limits
use of certain moneys for wetland creation, restoration and
enhancement. Modifies duties of director relating to permit to
fill wetland. - }
  Establishes fee on dredge vessels to recover costs of reviewing
spill response plans and for conducting inspections, training and
other activities related to spill prevention. Defines dredge
vessel.
  Takes effect on 91st day following adjournment sine die.
 
                        A BILL FOR AN ACT
Relating to the environment; amending ORS 468B.300 and 468B.405;
  and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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 2. 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.
  SECTION 3.  { + This 2003 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-second
Legislative Assembly adjourns sine die. + }
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