74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 643
Sponsored by Senator AVAKIAN, Representatives JENSON, WITT,
ROBLAN; Senators CARTER, COURTNEY, JOHNSON, KRUSE, METSGER,
SCHRADER, VERGER, WHITSETT, Representatives BOONE, COWAN, HUNT,
KRIEGER
CHAPTER ................
AN ACT
Relating to shipping; creating new provisions; and amending ORS
783.625 and section 1, chapter 150, Oregon Laws 2007 (Enrolled
Senate Bill 432).
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1)(a) There is created the Shipping Transport
of Aquatic Invasive Species Task Force.
(b) The President of the Senate and the Speaker of the House of
Representatives shall appoint two members from among members of
the Legislative Assembly to serve in an advisory capacity to the
task force.
(c) The Director of the Department of Environmental Quality may
appoint members to the task force who represent the interests of
this state and federal, State of Washington, maritime,
environmental and academic interests.
(2) The purpose of the task force is to study and make
recommendations:
(a) For combatting the introduction of aquatic nonindigenous
species associated with shipping-related transport into the
waters of this state; and
(b) On changes to the ballast water program established in ORS
783.625 to 783.640, including but not limited to the following
considerations:
(A) Shipping industry compliance with ORS 783.625 to 783.640;
(B) Practicable and cost-effective ballast water treatment
technologies;
(C) Appropriate standards for discharge of treated ballast
water into waters of this state;
(D) The compatibility of ORS 783.625 to 783.640 with new laws
enacted by the United States Congress, regulations promulgated by
the United States Coast Guard and ballast water management
programs established by the States of Alaska, California and
Washington and the Province of British Columbia;
(E) Practicable and cost-effective techniques to combat the
introduction of aquatic nonindigenous species associated with
shipping-related transport into the waters of this state; and
(F) Appropriate regulations and standards to combat the
introduction of aquatic nonindigenous species associated with
shipping-related transport into the waters of this state.
Enrolled Senate Bill 643 (SB 643-A) Page 1
(3) Portland State University may provide staff support or
coordination assistance to the task force, subject to available
funding from gifts, grants or donations.
(4) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties.
(5) A majority of the members of the task force constitutes a
quorum for the transaction of business.
(6) Official action by the task force requires the approval of
a majority of the members of the task force.
(7) The task force shall elect one of its members to serve as
chairperson.
(8) The task force shall submit a report, including
recommendations for legislation, to an interim committee related
to natural resources no later than October 1, 2008.
(9) Notwithstanding ORS 171.072, members of the task force who
are members of the Legislative Assembly are not entitled to
mileage expenses or a per diem and serve as volunteers on the
task force. Other members of the task force are not entitled to
compensation or reimbursement for expenses and serve as
volunteers on the task force.
(10) As used in this section:
(a) 'Aquatic nonindigenous species' means any species or other
viable biological material that enters an ecosystem beyond its
historic range.
(b) 'Waters of this state' has the meaning given in ORS
783.625. + }
SECTION 2. ORS 783.625 is amended to read:
783.625. As used in ORS 783.625 to 783.640, unless the context
requires otherwise:
(1) 'Ballast water' means any water used to manipulate the trim
and stability of a vessel.
(2) 'Cargo vessel' means a { - self-propelled - } ship in
commerce { + that is equipped with ballast tanks + }, other than
a tank vessel or a vessel used solely for commercial fish
harvesting, of 300 gross tons or more.
(3) 'Coastal exchange' means exchanging the ballast water taken
onboard at a North American coastal port at a distance of at
least 50 nautical miles from land and at a depth of at least 200
meters.
(4) 'Department' means the Department of Environmental Quality.
(5) 'Oil' means oil, gasoline, crude oil, fuel oil, diesel oil,
lubricating oil, oil sludge, oil refuse and any other petroleum
related product.
(6) 'Open sea exchange' means a replacement of ballast water
that occurs in an area no less than 200 nautical miles from any
shore.
(7) 'Passenger vessel' means a ship of 300 gross tons or more
carrying passengers for compensation.
(8) 'Sediment' means any matter that settles out of ballast
water.
(9) 'Ship' means any boat, ship, vessel, barge or other
floating craft of any kind.
(10) 'Tank vessel' means a ship that is constructed or adapted
to carry oil in bulk as cargo or cargo residue other than:
(a) A vessel carrying oil in drums, barrels or other packages;
(b) A vessel carrying oil as fuel or stores for that vessel; or
Enrolled Senate Bill 643 (SB 643-A) Page 2
(c) An oil spill response barge or vessel.
(11) 'Vessel' means a tank vessel, cargo vessel or passenger
vessel.
(12) 'Voyage' means any transit by a vessel destined for any
Oregon port.
(13) 'Waters of this state' means natural waterways including
all tidal and nontidal bays, intermittent streams, constantly
flowing streams, lakes, wetlands and other bodies of water in
this state, navigable and nonnavigable, including that portion of
the Pacific Ocean that is in the boundaries of Oregon.
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 + }.
Enrolled Senate Bill 643 (SB 643-A) Page 3
(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. + }
SECTION 4. { + Section 1 of this 2007 Act is repealed on the
date of the convening of the next regular biennial legislative
session. + }
----------
Passed by Senate June 18, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 20, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 643 (SB 643-A) Page 4
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 643 (SB 643-A) Page 5