75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2714
Sponsored by Representative ROBLAN
CHAPTER ................
AN ACT
Relating to aquatic invasive species; creating new provisions;
amending ORS 783.635; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 783.635 is amended to read:
783.635. (1) Except as authorized by this section, the
discharge of ballast water in the waters of this state is
prohibited.
(2) An owner or operator of a vessel may discharge ballast
water in the waters of this state:
(a) If the owner or operator has conducted a complete open sea
or coastal exchange of ballast water prior to entering the waters
of this state. The open sea or coastal exchange must be performed
using either of the following methods:
(A) Flow-through exchange. A flow-through exchange occurs when
an amount of ocean water equal to or exceeding three times the
capacity of the vessel's ballast water tank is pumped into an
opening in the ballast water tank while the existing ballast
water is discharged through another opening.
(B) An empty and refill exchange. An empty and refill exchange
occurs when a ballast water tank is pumped empty to the point
that the pump loses suction and then is refilled with ocean
water.
(b) Without performing an open sea exchange or a coastal
exchange of ballast water if:
(A)(i) The owner or operator reasonably believes that an
exchange would threaten the safety of the vessel; or
(ii) The exchange is not feasible due to vessel design
limitations or equipment failure; and
(B) The vessel discharges only the amount of ballast water that
is operationally necessary.
{ + (c) If the ballast water is discharged in a manner
consistent with standards and procedures adopted by the
Environmental Quality Commission under subsection (4) of this
section. + }
(3) An owner or operator who discharges ballast water in the
waters of this state under subsection (2)(b) of this section is
subject to the reporting requirements under ORS 783.640.
{ + (4)(a) The Environmental Quality Commission may adopt by
rule standards and procedures that the commission considers
necessary to carry out the provisions of ORS 783.625 to 783.640.
The standards and procedures must minimize the risk of
introducing aquatic invasive species into the waters of this
Enrolled House Bill 2714 (HB 2714-A) Page 1
state and must be based on the availability of treatment
technology. Rules adopted under this subsection include, but are
not limited to:
(A) Standards for the discharge of ballast water into the
waters of this state and appropriate timelines for the
implementation of the standards. In adopting the standards, the
commission shall consider the extent to which treatment
technology is feasible, practicable and commercially available,
or expected to be available, by the proposed implementation
timelines.
(B) Emergency response procedures for managing high-risk
ballast water. The rules must define high-risk ballast water in
light of the source of the water and other applicable factors.
The procedures must establish notification and consultation
requirements, as well as feasible alternative ballast water
management strategies.
(C) Procedures for implementing alternative ballast water
management strategies for the exemptions specified in subsection
(2)(b) of this section.
(b) To the extent practicable, the commission shall adopt rules
under this subsection consistent with relevant rules adopted by
the States of California and Washington. + }
SECTION 2. { + In adopting rules under ORS 783.635, the
Environmental Quality Commission shall consult with the Shipping
Transport of Aquatic Invasive Species Task Force created under
section 3 of this 2009 Act. + }
SECTION 3. { + (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 each 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 to provide equitable
representation from individuals who represent the interests of
this state and federal, State of Washington, maritime industry,
environmental and academic interests.
(2) The purpose of the task force is to study and make
recommendations:
(a) For combating the introduction of aquatic nonindigenous
species associated with shipping-related transport into the
waters of this state;
(b) For identifying sources of funding to support and maintain
the ballast water program established in ORS 783.625 to 783.640;
and
(c) For 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 the 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;
Enrolled House Bill 2714 (HB 2714-A) Page 2
(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.
(3) The Department of Environmental Quality may provide staff
support or coordination assistance to the task force.
(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 of the
Legislative Assembly related to natural resources no later than
June 1, 2010.
(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 that term in
ORS 783.625. + }
SECTION 4. { + Section 3 of this 2009 Act is repealed on
January 2, 2012. + }
SECTION 5. { + 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 on its
passage. + }
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Enrolled House Bill 2714 (HB 2714-A) Page 3
Passed by House April 15, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 12, 2009
...........................................................
President of Senate
Enrolled House Bill 2714 (HB 2714-A) Page 4
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2714 (HB 2714-A) Page 5