75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 2232
 
LC 661/HB 2232-5
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2232
 
              By COMMITTEE ON ENVIRONMENT AND WATER
 
                             March 4
 
  On page 1 of the printed bill, line 2, after the first
semicolon delete the rest of the line and line 3 and insert '
appropriating money; and declaring an emergency.'.
  Delete lines 5 through 27 and delete page 2 and insert:
  '  { +  SECTION 1. + }  { + Sections 2 to 5 of this 2009 Act
are added to and made a part of ORS chapter 537. + }
  '  { +  SECTION 2. + }  { + (1) The activity of drilling
geotechnical holes is declared to be an activity affecting the
public welfare, health and safety. In order to enable this state
to protect the welfare, health and safety of its citizens, any
person that drills a geotechnical hole shall keep a log of each
geotechnical hole that is drilled and submit a report to the
Water Resources Commission within 30 days after the completion of
the drilling.
  ' (2) This section applies to geotechnical holes that are:
  ' (a) Greater than 18 feet deep;
  ' (b) Within 50 feet of a water supply or a monitoring well;
  ' (c) Used to determine water quality and open less than 72
hours; or
  ' (d) Drilled in an area known or reasonably suspected to be
contaminated. + }
  '  { +  SECTION 3. + }  { + The person responsible for the
drilling of a geotechnical hole for which a report is required
under section 2 of this 2009 Act must have:
  ' (1) A current monitoring well constructor's license as
specified in rules adopted by the Water Resources Commission;
  ' (2) A current water supply well constructor's license as
specified in rules adopted by the commission;
  ' (3) A current certificate of registration as a geologist
issued under ORS 672.505 to 672.705; or
  ' (4) A current certificate of registration as an engineer
issued under ORS 672.002 to 672.325. + }
  '  { +  SECTION 4. + }  { + (1) The Water Resources Commission
may prescribe by rule the form, contents, filing deadline and
other requirements for the report required under section 2 of
this 2009 Act.
  ' (2)(a) Except as provided in paragraph (b) of this
subsection, each report required to be submitted under section 2
of this 2009 Act must be accompanied by a recording fee of $25.
  ' (b) If more than one geotechnical hole is drilled within
seven days at the same project site, each report for each
geotechnical hole drilled after the first geotechnical hole must
be accompanied by a recording fee of $10.
  ' (3) Fees collected under this section shall be deposited to
the Water Resources Department Geotechnical Fund. + }
  '  { +  SECTION 5. + }  { + (1) The Water Resources Department
Geotechnical Fund is established in the State Treasury, separate
and distinct from the General Fund.
  ' (2) The Water Resources Department Geotechnical Fund shall
consist of:
  ' (a) Recording fees paid under section 4 of this 2009 Act; and
  ' (b) All moneys from gifts, grants or appropriations to the
fund.
  ' (3) Moneys in the Water Resources Department Geotechnical
Fund are continuously appropriated to the Water Resources
Department for department duties, functions and powers related to
geotechnical holes. + }
  '  { +  SECTION 6. + }  { + Sections 2 to 4 of this 2009 Act
apply to the drilling of geotechnical holes first begun on or
after the effective date of this 2009 Act. + }
  '  { +  SECTION 7. + }  { + This 2009 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2009 Act
takes effect July 1, 2009. + } ' .
                         ----------