74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 105
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for Department of Environmental Quality)
CHAPTER ................
AN ACT
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 Oregon:
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.
Enrolled Senate Bill 105 (SB 105-B) Page 1
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;
Enrolled Senate Bill 105 (SB 105-B) Page 2
(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
Willamette River up to Willamette Falls, the Pacific Ocean and
estuaries to the head of tidewater.
(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
Enrolled Senate Bill 105 (SB 105-B) Page 3
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 Oregon in response to an oil or
hazardous material spill or release or threatened spill or
release and to coordinate cleanup response with state and local
agencies.
(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. + }
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Enrolled Senate Bill 105 (SB 105-B) Page 4
Passed by Senate March 19, 2007
Repassed by Senate May 11, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 8, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 105 (SB 105-B) Page 5
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 105 (SB 105-B) Page 6