Chapter 816
AN ACT
SB 643
Relating to shipping; creating new
provisions; and amending ORS 783.625 and section 1, chapter 150, Oregon Laws
2007 (Enrolled Senate Bill 432).
Be It Enacted by the People of
the State of
SECTION 1. (1)(a) There is created the Shipping
Transport of Aquatic Invasive Species Task Force.
(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 the interests of this state and federal, State of
(2) The purpose of the
task force is to study and make recommendations:
(a) For combatting the
introduction of aquatic nonindigenous species associated with shipping-related
transport into the waters of this state; and
(b) On changes to the
ballast water program established in ORS 783.625 to 783.640, including but not
limited to the following considerations:
(A) Shipping industry
compliance with ORS 783.625 to 783.640;
(B) Practicable and
cost-effective ballast water treatment technologies;
(C) Appropriate
standards for discharge of treated ballast water into waters of this state;
(D) The compatibility of
ORS 783.625 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;
(E) Practicable and
cost-effective techniques to combat the introduction of aquatic nonindigenous
species associated with shipping-related transport into the waters of this
state; and
(F) Appropriate
regulations and standards to combat the introduction of aquatic nonindigenous
species associated with shipping-related transport into the waters of this
state.
(3)
(4) 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.
(5) A majority of the
members of the task force constitutes a quorum for the transaction of business.
(6) Official action by
the task force requires the approval of a majority of the members of the task
force.
(7) The task force shall
elect one of its members to serve as chairperson.
(8) The task force shall
submit a report, including recommendations for legislation, to an interim
committee related to natural resources no later than October 1, 2008.
(9) 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.
(10) As used in this section:
(a) “Aquatic
nonindigenous species” means any species or other viable biological material
that enters an ecosystem beyond its historic range.
(b) “Waters of this
state” has the meaning given in ORS 783.625.
SECTION 2. ORS 783.625 is amended to read:
783.625. As used in ORS
783.625 to 783.640, unless the context requires otherwise:
(1) “Ballast water”
means any water used to manipulate the trim and stability of a vessel.
(2) “Cargo vessel” means
a [self-propelled] ship in commerce that
is equipped with ballast tanks, other than a tank vessel or a vessel used
solely for commercial fish harvesting, of 300 gross tons or more.
(3) “Coastal exchange”
means exchanging the ballast water taken onboard at a North American coastal
port at a distance of at least 50 nautical miles from land and at a depth of at
least 200 meters.
(4) “Department” means
the Department of Environmental Quality.
(5) “Oil” means oil,
gasoline, crude oil, fuel oil, diesel oil, lubricating oil, oil sludge, oil
refuse and any other petroleum related product.
(6) “Open sea exchange”
means a replacement of ballast water that occurs in an area no less than 200
nautical miles from any shore.
(7) “Passenger vessel”
means a ship of 300 gross tons or more carrying passengers for compensation.
(8) “Sediment” means any
matter that settles out of ballast water.
(9) “Ship” means any
boat, ship, vessel, barge or other floating craft of any kind.
(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.
(11) “Vessel” means a
tank vessel, cargo vessel or passenger vessel.
(12) “Voyage” means any
transit by a vessel destined for any
(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 3. Section 1, chapter 150, Oregon Laws 2007
(Enrolled Senate Bill 432), is amended to read:
Sec.
1. (1) As used in this section:
(a) “Dry dock” means a
graving dock or a floating dry dock.
(b) “Floating dry dock”
means a vessel or structure that can be flooded to allow a [load] ship to be floated in and
drained to allow [that load] the
ship to come to rest on a dry platform.
(c) “Fouling communities”
means the matrix consisting of:
(A) Native or nonnative
species attached to the hull of a ship including, but not limited to,
barnacles, bivalves, bryozoans, tunicates and seaweeds; and
(B) Native or nonnative
mobile species such as crustaceans, sea stars and worms that may be unattached
to the hull, but that inhabit a fouling community or inhabit protected recesses
and crevices in the hull, such as sea chests.
(d) “Fouling organisms”
means native or nonnative species that attach to the hull of a ship including,
but not limited to, sessile bottom-dwelling invertebrates, algae and
microorganisms such as bacteria and diatoms.
(e) “Graving dock” means
a paved excavation in the ground that can be flooded to allow a [load] ship to be floated in and
drained to allow that [load] ship
to come to rest on a dry platform.
(f) “Hazardous materials”
includes, but is not limited to, asbestos, polychlorinated biphenyls, oil,
fuel, bilge and ballast water, paint and lead.
(g) “Ocean shore” has
the meaning given that term in ORS 390.605.
[(g)] (h) “Ship” means a vessel that weighs in excess of 200
gross tons and operates upon navigable waterways.
[(h)] (i) “Shipbreaking” means the
process of dismantling a ship for scrap or disposal.
[(i)] (j) “Shipwreck” means a ship
that has been stranded or destroyed by being driven ashore or onto the rocks or
the shoal.
[(j)] (k) “Waters of this state” has the meaning given that
term in ORS 196.800.
(2) In the State of
(a) May perform
shipbreaking activities only in a dry dock.
(b) May not perform
shipbreaking activities in [the waters of
this state:]
[(A) At a pier.]
[(B) At a dismantling slip.]
[(C) In any other] a manner that allows hazardous materials,
fouling communities or fouling organisms that are in or on the ship to enter
the waters of this state or the ocean shore.
(3) Notwithstanding
subsection (2) of this section, a person may in the waters of this state:
(a) Dismantle for
removal a ship that has been shipwrecked if the Department of State Lands
determines, in consultation with others as the department finds appropriate
including, but not limited to, other state agencies, the United States Coast
Guard and the shipowner, that it is physically impracticable to move the
shipwreck to a dry dock.
(b) Partially dismantle
a ship as may be required in the process of ship repair.
(4) Subsection (2) of
this section does not apply to the shipbreaking of a flat-bottomed barge that
is not self-propelled and that operates in the waters of this state.
(5) This section does
not relieve a person from compliance with other state or local laws that apply
to shipbreaking, shipwrecks or ship repair including, but not limited to, laws
relating to hazardous materials, fouling communities or fouling organisms.
SECTION 4. Section 1 of this 2007 Act is repealed on
the date of the convening of the next regular biennial legislative session.
Approved by the Governor July 17, 2007
Filed in the office of Secretary of State July 19, 2007
Effective date January 1, 2008
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