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 307
 
                           B-Engrossed
 
                         Senate Bill 432
                 Ordered by the Senate April 11
     Including Senate Amendments dated March 15 and April 11
 
Sponsored by Senator VERGER; Senator JOHNSON, Representatives
  BOONE, COWAN, KRIEGER, MORGAN, ROBLAN, WITT
 
 
                             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.
 
  Allows shipbreaking in Oregon only in dry dock. Prohibits
shipbreaking in waters of this state at pier or dismantling
slip.  { + Exempts certain barges. + } Allows dismantling for
removal of shipwreck if Department of State Lands determines that
moving shipwreck to dry dock is impracticable. { +  Allows
partial dismantling of ship for purpose of ship repair. + }
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to shipbreaking; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 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 that can be flooded to
allow a load to be floated in and drained to allow that load 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 to be floated in and drained to
allow that load 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) 'Ship' means a vessel that weighs in excess of 200 gross
tons and operates upon navigable waterways.
 
  (h) 'Shipbreaking' means the process of dismantling a ship for
scrap or disposal.
  (i) 'Shipwreck' means a ship that has been stranded or
destroyed by being driven ashore or onto the rocks or the shoal.
  (j) 'Waters of this state' has the meaning given that term in
ORS 196.800.
  (2) In the State of Oregon, a person:
  (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 manner that allows hazardous materials,
fouling communities or fouling organisms that are in or on the
ship to enter the waters of this state.
  (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. + }
  SECTION 2.  { + 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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