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 825
 
                         House Bill 2251
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Office of Regulatory Streamlining of Department
  of Consumer and Business Services and 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 as
introduced.
 
  Allows Department of State Lands to establish removal-fill
permit pilot program for processing applications for removal-fill
permits and other state agency authorizations that may be
necessary for projects that require removal-fill permit. Repeals
program January 2, 2010.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to removal-fill permit pilot program; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section, 'removal-fill
permit' means a permit to deposit fill material into the waters
of this state or remove material from the waters of this state,
as defined in ORS 196.800.
  (2) The Department of State Lands may establish a removal-fill
permit pilot program for processing applications for removal-fill
permits and other state agency authorizations that may be
necessary for projects that require a removal-fill permit,
including authorizations for fish passage approvals, state
in-water blasting permits, scientific take permits, incidental
take permits, surface mine operating permits and ocean shore
permits.
  (3) For the purpose of implementing a program established under
this section, the Department of State Lands shall seek the
participation of the Department of Environmental Quality, the
State Department of Fish and Wildlife, the State Department of
Geology and Mineral Industries, the State Parks and Recreation
Department, the Department of Land Conservation and Development
and the Water Resources Department. Participation by a state
agency in the program is voluntary. The Department of State Lands
shall enter into a memorandum of agreement with all agencies
participating in the program.
  (4) A program established under this section shall create and
evaluate revised procedures for issuing removal-fill permits
that, to the greatest extent possible, integrate the processing
of applications for removal-fill permits and the processing of
other state agency authorizations that may be necessary for
projects that require a removal-fill permit. The revised
procedures shall provide alternatives for:
  (a) The process for issuance of removal-fill permits described
in ORS 196.600 to 196.905;
  (b) The process for providing agency comments on projects that
require a removal-fill permit; and
  (c) The process for issuing state agency authorizations that
are necessary for projects that require a removal-fill permit.
  (5) Participation in the program by an applicant for a
removal-fill permit is voluntary. The state agencies
participating in the program may limit the number of applicants
that are eligible to participate in the program.
  (6) The Department of State Lands may adopt any rules necessary
to implement a program established under this section, including
rules that modify the procedural timelines set forth in ORS
196.825 (7) and (9) and other statutory provisions governing the
procedure for issuance of removal-fill permits.
  (7) Any state agency participating in a program established
under this section is authorized to comply with rules adopted by
the Department of State Lands for implementation of the program.
Any agency participating in the program may adopt any other rules
necessary for the agency to participate in the program, including
rules that modify procedures established by statute for issuance
of authorizations by the agency.
  (8) Notwithstanding any other provision of law, state agencies
participating in a program established under this section may:
  (a) Use a combined application for a project requiring a
removal-fill permit and one or more related state agency
authorizations;
  (b) Integrate agency review and comments on applications for
removal-fill permits and other related state agency
authorizations;
  (c) Issue a single document that combines a removal-fill permit
and other state agency authorizations that are necessary for a
project that require a removal-fill permit; and
  (d) Take any other action authorized under rules adopted
pursuant to this section that provides a more coordinated and
expeditious procedure for processing and issuing removal-fill
permits and other state agency authorizations that are necessary
for a project that require a removal-fill permit. + }
  SECTION 2.  { + Section 1 of this 2007 Act is repealed January
2, 2010. + }
  SECTION 3.  { + The repeal of section 1 of this 2007 Act by
section 2 of this 2007 Act does not affect any permit or related
state agency authorization issued before January 2, 2010, under a
program established pursuant to section 1 of this 2007 Act. + }
  SECTION 4.  { + 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. + }
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