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 3536
B-Engrossed
House Bill 3620
Ordered by the House July 25
Including House Amendments dated May 7 and July 25
Sponsored by Representatives JENSON, KAFOURY (at the request of
Port of Portland)
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.
Removes sediment from definition of ballast water. Allows
vessel to discharge treated ballast water in manner approved by
United States Coast Guard.
Creates task force on ballast water management. Requires task
force to report to Legislative Assembly before October 1, 2004.
Declares emergency, effective on passage.
A BILL FOR AN ACT
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
(c) An oil spill response barge or vessel.
{ - (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;
(c) Traverses only the internal 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. + }
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