75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
 
                            Enrolled
 
                         House Bill 2232
 
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)
 
 
                     CHAPTER ................
 
 
                             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
 
 
 
Enrolled House Bill 2232 (HB 2232-A)                       Page 1
 
 
 
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. + }
                         ----------
 
 
Passed by House June 26, 2009
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate June 29, 2009
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2232 (HB 2232-A)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2009
 
Approved:
 
......M.,............., 2009
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2009
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2232 (HB 2232-A)                       Page 3