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
 
                         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)
 
 
                             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 as
introduced.
 
  Requires submission of log 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 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.
 
                        A BILL FOR AN ACT
Relating to drilling of geotechnical holes; creating new
  provisions; amending ORS 537.763; limiting expenditures; and
  appropriating money.
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 the 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 the log 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; 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 log 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 shall
prescribe by rule the form of the log required under section 2 of
this 2009 Act.
  (2)(a) Except as provided in paragraph (b) of this subsection,
each log 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 in a contiguous project site, each log for each geotechnical
hole drilled after the first geotechnical hole must be
accompanied by a recording fee of $10. + }
  SECTION 5.  { + All moneys from fees collected under section 4
of this 2009 Act shall be deposited in the Water Resources
Department Operating Fund established under ORS 537.763. Such
moneys are continuously appropriated to the Water Resources
Department for administrative support related to geotechnical
holes and geotechnical hole technical and information
services. + }
  SECTION 6. ORS 537.763 is amended to read:
  537.763. (1) There is established in the State Treasury the
Water Resources Department Operating Fund to provide for the
payment of the administrative expenses of the Water Resources
Commission in carrying out the provisions of ORS 537.762 { +  and
section 4 of this 2009 Act + }.
  (2) The Water Resources Department Operating Fund shall consist
of:
  (a) Fees received pursuant to ORS 537.762 { +  and section 4 of
this 2009 Act + }.
  (b) All moneys received on behalf of the fund by gift, grant or
appropriation, from whatever source.
  (3) The Water Resources Department Operating Fund shall be
separate and distinct from the General Fund.   { - All interest,
if any, shall inure to the benefit of - }  { +  Interest earned
by + } the Water Resources Department Operating Fund { +  shall
be credited to the fund + }.
  (4) In expending moneys in the Water Resources Department
Operating Fund received from fees pursuant to ORS 537.762, the
biennial limitations on expenditures of the Water Resources
Department shall be:
  (a) No more than five percent for well inspection
administrative support;
  (b) No more than 20 percent for well inspection technical and
information services; and
  (c) No less than 75 percent for well inspection field
investigation and enforcement.
   { +  (5) In expending moneys in the Water Resources Department
Operating Fund received from fees pursuant to section 4 of this
2009 Act, the biennial limitations on expenditures of the Water
Resources Department shall be:
  (a) No more than 50 percent for administrative support related
to geotechnical holes; and
  (b) No more than 50 percent for technical and information
services related to geotechnical holes. + }
  SECTION 7.  { + Sections 2 to 5 of this 2009 Act and the
amendments to ORS 537.763 by section 6 of this 2009 Act apply to
the drilling of geotechnical holes first begun on or after the
effective date of this 2009 Act. + }
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