73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 3128
 
                         House Bill 2907
 
Sponsored by Representative BARNHART; Senator MORRISETTE
 
 
                             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 as
introduced.
 
  Requires Department of Transportation to consider risk to
municipal water supply in performing risk analysis required by
federal law for adoption of rules relating to transportation of
hazardous materials.
  Directs department to request waiver of federal preemption for
rules determined by United States Secretary of Transportation to
be preempted by federal law.
 
                        A BILL FOR AN ACT
Relating to transportation of hazardous materials; amending ORS
  825.258.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 825.258 is amended to read:
  825.258. (1) The Department of Transportation shall adopt rules
that conform to any applicable federal rules setting standards
for the safe transportation of hazardous waste, hazardous
material and PCB. The rules shall be applicable to any person who
transports, or causes to be transported, any hazardous material.
 { + If the applicable federal rules require that the department
perform a risk analysis prior to adopting rules for the safe
transportation of hazardous materials or the highway routing of
those materials, then the department shall consider the risk to
municipal water supplies in addition to any other required
considerations. + }
  (2) The authority granted under this section:
  (a) Is in addition to any other authority granted the
department.
  (b) Does not supersede the authority of the Energy Facility
Siting Council to regulate the transportation of radioactive
materials under ORS 469.550, 469.563, 469.603 to 469.619 and
469.992.
  (3) In addition to any other penalty for violation of a rule
adopted under this section, the department, after hearing, may
impose a civil penalty of not more than $10,000 for violation of
a rule adopted under this section. Each day of noncompliance with
a rule is a separate violation.
   { +  (4) If the United States Secretary of Transportation
determines that a rule adopted by the department relating to the
safe transportation of hazardous materials and any highway
routing requirements is preempted by federal law, then the
 
department shall apply for a waiver of preemption as provided in
49 C.F.R. 397.213. + }
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