Chapter 157
AN ACT
SB 105
Relating to oil spills; creating new provisions; amending ORS 468B.300
and 468B.405; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. 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) Cargo and passenger
vessels, [$48] $70 per trip.
(b) Nonself-propelled
tank vessels[,
$42 per trip]:
(A) Having a capacity of
fewer than 25,000 barrels, $60 per trip.
(B) Having a capacity of
25,000 to 99,999 barrels, $70 per trip.
(C) Having a capacity of
100,000 or more barrels, $100 per trip.
(c) Self-propelled tank
vessels of 300 gross tons or less, [$42]
$60 per trip.
(d) Self-propelled tank
vessels over 300 gross tons, [$836] $1,200
per trip.
(e) Offshore and onshore
facilities, [$4,500] $5,900
per year.
(f) Dredge vessels, [$24] $36 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 2. (1) By September 30 of each year, beginning
in 2008, the Department of Environmental Quality shall publish a report for the
previous fiscal year, commencing on July 1 and ending on June 30, that addresses:
(a) The fees assessed
under ORS 468B.405 on covered vessels and offshore and onshore facilities; and
(b) The activities of
the department under ORS 468B.410 (4).
(2)(a) The report
published by the department under this section must be in a format that allows
for the monitoring of fee collection and related activities by the department
and for ensuring that adequate but not excessive fees are collected to meet the
department’s budgetary needs.
(b) The department shall
make the report available to those who paid fees under ORS 468B.405 and to the
general public.
SECTION 3. 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, 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.
(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.
(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.
(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.
(12) “Hazardous material”
has the meaning given that term in ORS 466.605.
(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.
(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.
(15) “Navigable waters”
means the Columbia River, the
(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).
(17) “Offshore facility”
means any facility located in, on or under any of the navigable waters of the
state.
(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 and
liquefied natural gas.
(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.
(20) “Passenger vessel”
means a ship of 300 or more gross tons carrying passengers for compensation.
(21) “Person” has the
meaning given the term in ORS 468.005.
(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.
(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.
(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.
(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.
(26) “Responsible party”
has the meaning given under section 1001 of the Oil Pollution Act of 1990 (P.L.
101-380).
(27) “Ship” means any
boat, ship, vessel, barge or other floating craft of any kind.
(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
(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.
(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.
(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 4. Section 5 of this 2007 Act is added to and
made a part of ORS 468B.300 to 468B.500.
SECTION 5. The provisions of ORS 468B.300 to 468B.500
apply to liquefied natural gas while the gas is in transit through the
navigable waters of the state or while the gas is at a facility that receives
liquefied natural gas from a vessel.
SECTION 6. (1) The amendments to ORS 468B.405 (1)(a),
(b), (c), (d) and (f) by section 1 of this 2007 Act apply to fees assessed on
or after August 1, 2007, or on or after the first day of the calendar month
following the effective date of this 2007 Act, whichever is later.
(2) The amendments to
ORS 468B.405 (1)(e) by section 1 of this 2007 Act apply only to fees
attributable to fiscal years beginning on or after July 1, 2007.
SECTION 7. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor May 25, 2007
Filed in the office of Secretary of State May 25, 2007
Effective date May 25, 2007
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