74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to SB 643
 
LC 2967/SB 643-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 643
 
              By JOINT COMMITTEE ON WAYS AND MEANS
 
                             June 14
 
  On page 1 of the printed bill, line 2, after '783.625 ' insert
'and section 1, chapter 150, Oregon Laws 2007 (Enrolled Senate
Bill 432)'.
  On page 3, after line 4, insert:
  '  { +  SECTION 3. + } Section 1, chapter 150, Oregon Laws 2007
(Enrolled Senate Bill 432), is amended to read:
  '  { +  Sec. 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  { + or structure + }
that can be flooded to allow a   { - load - }   { + ship + } to
be floated in and drained to allow   { - that load - }   { + the
ship + } 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 - }   { + ship + } to
be floated in and drained to allow that   { - load - }
 { + ship + } 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) 'Ocean shore' has the meaning given that term in
ORS 390.605. + }
  '  { - (g) - }   { + (h) + } 'Ship' means a vessel that weighs
in excess of 200 gross tons and operates upon navigable
waterways.
  '  { - (h) - }   { + (i) + } 'Shipbreaking' means the process
of dismantling a ship for scrap or disposal.
  '  { - (i) - }   { + (j) + } 'Shipwreck' means a ship that has
been stranded or destroyed by being driven ashore or onto the
rocks or the shoal.
  '  { - (j) - }   { + (k) + } '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 - }   { + a + } manner that allows
hazardous materials, fouling communities or fouling organisms
that are in or on the ship to enter the waters of this state { +
or the ocean shore + }.
  ' (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.
  '  { +  (5) This section does not relieve a person from
compliance with other state or local laws that apply to
shipbreaking, shipwrecks or ship repair including, but not
limited to, laws relating to hazardous materials, fouling
communities or fouling organisms. + } ' .
  In line 5, delete '3' and insert '4'.
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