75th OREGON LEGISLATIVE ASSEMBLY--2009 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 661
 
                           A-Engrossed
 
                         House Bill 2232
                  Ordered by the House March 4
            Including House Amendments dated March 4
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Water Resources Department)
 
 
                             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.
 
  Requires submission of   { - log - }   { + report + } to Water
Resources Commission after drilling of certain geotechnical
holes. Establishes   { - log - }  recording fees. Directs that
moneys from fees be paid into Water Resources Department
 { - Operating - }  { + Geotechnical + } Fund.
    { - Continuously appropriates moneys from fees to Water
Resources Department for purposes of administrative support and
technical and information services. - }
  Requires person responsible for drilling of geotechnical holes
to have certain license or certificate. Grants rulemaking
authority to Water Resources Commission to implement provisions
related to geotechnical holes.
   { +  Establishes Water Resources Department Geotechnical Fund.
Continuously appropriates moneys from fund to Water Resources
Department for department duties, functions and powers related to
geotechnical holes.
  Declares emergency, effective July 1, 2009. + }
 
                        A BILL FOR AN ACT
Relating to drilling of geotechnical holes; appropriating money;
  and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  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. + }
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