74th OREGON LEGISLATIVE ASSEMBLY--2007 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 658
 
                           A-Engrossed
 
                         House Bill 2106
                  Ordered by the House March 7
            Including House Amendments dated March 7
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Department of State Lands)
 
 
                             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.
 
  Establishes fee for review of wetland delineation reports
submitted to Department of State Lands. { +  Requires department
to review submitted reports within specified time period. + }
  Declares emergency, effective July 1, 2007.
 
                        A BILL FOR AN ACT
Relating to fees for agency review of wetland delineation
  reports; creating new provisions; amending ORS 196.692; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2007 Act is added to and made
a part of ORS 196.800 to 196.825. + }
  SECTION 2.  { + (1) A person or governmental body must pay to
the Department of State Lands a nonrefundable fee of $350 when
submitting a wetland delineation report to the department for a
determination of:
  (a) Whether waters of this state are present on a specific land
parcel;
  (b) Where the boundaries of waters of this state are located on
a land parcel; or
  (c) Whether the waters of this state or a proposed activity in
the waters of this state is subject to permit requirements.
  (2) The department shall review the wetland delineation report
submitted under subsection (1) of this section within 120 days
after submission of the wetland delineation report to the
department.
  (3) The fee described in subsection (1) of this section is in
addition to any permit application fee required under ORS
196.815.  A person or governmental body submitting a revised
report to replace a previously rejected report must pay an
additional nonrefundable fee of $100.
  (4) The Director of the Department of State Lands shall issue
an order revising the fee specified in subsection (1) of this
section on January 1 of each year, based on changes in the
Portland-Salem, OR-WA Consumer Price Index for All Urban
Consumers for All Items as published by the Bureau of Labor
Statistics of the United States Department of Labor. The director
shall round the amount to the nearest dollar. The revised fee
shall take effect January 1 and apply for that calendar year.
  (5) Fees received under this section shall be credited to the
Common School Fund for use by the department in administration of
ORS 196.600 to 196.905. + }
  SECTION 3.  { + The Department of State Lands shall make the
first increase in fees under section 2 (4) of this 2007 Act on
January 1, 2009. + }
  SECTION 4. ORS 196.692 is amended to read:
  196.692. (1) The Department of State Lands shall adopt rules to
carry out the provisions of ORS 196.668 to 196.692, 196.800,
196.810, 196.825, 196.830, 196.850 to 196.860, 196.885, 196.905,
197.015, 197.279, 215.213, 215.283, 215.284, 215.418 and 227.350
 { +  and section 2 of this 2007 Act + }.
  (2) Rules adopted pursuant to subsection (1) of this section
shall include rules governing the application for and issuance of
permits to remove material from the beds or banks of any waters
of this state or to fill any waters of this state including, but
not limited to, clear and objective standards and criteria for
determining whether to grant or deny a permit.
  SECTION 5.  { + 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 July 1,
2007. + }
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