74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 432
Sponsored by Senator VERGER; Senator JOHNSON, Representatives
BOONE, COWAN, KRIEGER, MORGAN, ROBLAN, WITT
CHAPTER ................
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.
Enrolled Senate Bill 432 (SB 432-B) Page 1
(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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Passed by Senate April 16, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 3, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 432 (SB 432-B) Page 2
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 432 (SB 432-B) Page 3