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 1487
House Bill 3013
Sponsored by COMMITTEE ON RULES
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.
Modifies various provisions relating to Ocean Policy Advisory
Council.
Makes legislative finding that wave energy provides renewable,
sustainable source of energy.
Repeals sunset on prohibition against leases for exploration,
development or production of oil, gas or sulfur in territorial
sea and exemption for academic research or geologic survey
activities.
Repeals provisions related to joint liaison program with
National Oceanic and Atmospheric Administration.
A BILL FOR AN ACT
Relating to ocean resources; amending ORS 196.405, 196.415,
196.420, 196.425, 196.435, 196.438, 196.443, 196.451, 196.455,
196.465, 196.471 and 196.485; and repealing ORS 196.407,
196.408, 196.575 and 196.580 and section 2, chapter 521, Oregon
Laws 2007.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 196.405 is amended to read:
196.405. As used in ORS 196.405 to 196.515, unless the context
requires otherwise:
(1) 'Council' means the council established in ORS 196.438.
(2) 'Exclusive Economic Zone' has the meaning set forth in
Proc. 5030 whereby the United States proclaimed jurisdiction over
the resources of the ocean within 200 miles of the coastline.
(3) 'Panel' means a project review panel established under ORS
196.453.
{ - (4) 'Plan' means the Oregon Ocean Resources Management
Plan. - }
{ - (5) - } { + (4) + } 'Territorial sea' means the waters
and seabed extending three geographical miles seaward from the
coastline in conformance with federal law.
{ - (6) - } { + (5) + } 'Territorial Sea Plan' means the
plan for Oregon's territorial sea.
SECTION 2. ORS 196.415 is amended to read:
196.415. The Legislative Assembly finds that:
(1) The Pacific Ocean and its many resources are of
environmental, economic, aesthetic, recreational, social and
historic importance to the people of this state.
(2) Exploration, development and production of ocean resources
likely to result from both federal agency programs in federal
waters of the outer continental shelf and initiatives of private
companies within state waters will increase the chance of
conflicting demands on ocean resources for food, energy and
minerals, as well as waste disposal and assimilation, and may
jeopardize ocean resources and values of importance to this
state.
(3) The fluid, dynamic nature of the ocean and the migration of
many of its living resources beyond state boundaries extend the
ocean management interests of this state beyond the three
geographic mile territorial sea currently managed by the state
pursuant to the federal Submerged Lands Act.
(4) Existing federal laws, the Coastal Zone Management Act of
1972, the Coastal Zone Act Reauthorization Amendments of 1990,
the Magnuson Fisheries Management and Conservation Act of 1976,
as amended, and the Outer Continental Shelf Lands Act of 1978,
recognize the interests of coastal states in management of ocean
resources in federal waters and provide for state participation
in ocean resources management decisions. The Coastal Zone Act
Reauthorization Amendments of 1990 require that all federal
coastal activities affecting natural resources, land uses and
water uses in the coastal zone must be consistent with the
federally approved Oregon Coastal Management Program.
(5) The 1983 Proclamation of the 200-mile United States
Exclusive Economic Zone has created an opportunity for all
coastal states to more fully exercise and assert their
responsibilities pertaining to the protection, conservation and
development of ocean resources under United States jurisdiction.
(6) It is important that the State of Oregon develop and
maintain a program of ocean resources management to promote
management of living and nonliving marine resources within state
jurisdiction, to { - insure - } { + ensure + } effective
participation in federal agency planning and management of ocean
resources and uses which may affect this state, and to coordinate
state agency management of ocean resources with local government
management of coastal shorelands and resources.
(7) While much is known about the ocean, its composition,
characteristics and resources, additional study and research is
required to gain information and understanding necessary for
sound ocean planning and management.
{ + (8) The energy of ocean waves in Oregon's ocean waters
provides a potential source of renewable, sustainable energy that
will be of benefit to all Oregonians. + }
SECTION 3. ORS 196.420 is amended to read:
196.420. It is the policy of the State of Oregon to:
(1) Conserve the long-term values, benefits and natural
resources of the ocean both within the state and beyond by giving
clear priority to the proper management and protection of
renewable resources over nonrenewable resources;
(2) Encourage ocean resources development { + , including ocean
wave energy, that + } { - which - } is environmentally sound
and economically beneficial to adjacent local governments and to
the state;
(3) Assert the interests of this state as a partner with
federal agencies in the sound management of the ocean resources
within the United States Exclusive Economic Zone and on the
continental shelf;
(4) Encourage research, study and understanding of ocean
processes, marine life and other ocean resources;
(5) Encourage research and development of new, innovative
marine technologies to study and utilize ocean resources; and
(6) Ensure that the Ocean Policy Advisory Council will work
closely with coastal local governments to incorporate in its
activities coastal local government and resident concerns,
coastal economic sustainability and expertise of coastal
residents.
SECTION 4. ORS 196.425 is amended to read:
196.425. To ensure the conservation and development of ocean
resources affecting Oregon consistent with the purposes of ORS
196.405 to 196.515, a program of ocean resource planning and
management is established. This program shall be known as the
Oregon Ocean Resources Management Program and is part of Oregon's
coastal management program. The Oregon Ocean Resources Management
Program consists of:
(1) Applicable elements of the Oregon Coastal Management
Program approved by the U.S. Secretary of Commerce on July 7,
1977, and as subsequently amended pursuant to the Coastal Zone
Management Act of 1972, including statutes that apply to coastal
and ocean resources, those elements of local comprehensive plans
of jurisdictions within Oregon's coastal zone as defined in the
Oregon Coastal Management Program which may be affected by
activities or use of resources within the ocean, and those
statewide planning goals which relate to the conservation and
development of ocean and coastal resources;
(2) The Ocean Policy Advisory Council or its successor; { +
and + }
{ - (3) Those portions of the Oregon Ocean Resources
Management Plan that are consistent with ORS 196.405 to 196.515;
and - }
{ - (4) - } { + (3) + } The Territorial Sea Plan as
{ - reviewed by the council and submitted to the agencies
represented on the council - } { + adopted or amended by the
Land Conservation and Development Commission pursuant to ORS
196.471 + }.
SECTION 5. ORS 196.435 is amended to read:
196.435. (1) The Department of Land Conservation and
Development is designated the primary agency for coordination of
ocean resources planning. The department is designated the State
Coastal Management Agency for purposes of carrying out and
responding to the Coastal Zone Management Act of 1972. The
department shall assist:
(a) The Governor with the Governor's duties and opportunities
to respond to federal agency programs and activities affecting
coastal and ocean resources; and
(b) The Ocean Policy Advisory Council.
(2) The provisions of ORS 196.405 to 196.515 do not change
statutorily and constitutionally mandated responsibilities of
other state agencies. { + However, state agencies shall amend
their programs and rules relevant to ocean resources to be
consistent with the Territorial Sea Plan adopted by the Land
Conservation and Development Commission under ORS 196.471. + }
(3) ORS 196.405 to 196.515 do not provide the Land Conservation
and Development Commission with authority to adopt specific
regulation of ocean resources or ocean uses.
SECTION 6. ORS 196.438 is amended to read:
196.438. (1) { - The Governor shall establish - } { + There
is established in the Office of the Governor + } an Ocean Policy
Advisory Council that is staffed by the State Department of Fish
and Wildlife, the Department of Land Conservation and Development
and other departments as the Governor deems necessary. The
council shall be composed of:
(a) The Governor or the Governor's designee { - , as a
nonvoting member - } ;
(b) The director or the director's designee of the following
agencies { - , as nonvoting members - } :
(A) Department of Environmental Quality;
(B) State Department of Fish and Wildlife;
(C) State Department of Geology and Mineral Industries;
(D) Department of Land Conservation and Development;
(E) Department of State Lands;
(F) Parks and Recreation Department;
(G) State { - Department of Agriculture - } { + Marine
Board + }; and
(H) On behalf of the State Board of Higher Education, the
director or director's designee of Oregon State University, Sea
Grant College;
(c) A member of the governing body of Coos, Curry, Douglas or
Lane County to be appointed by the Governor { - , chosen in
consultation with and with the approval of a majority of the
members of the governing bodies of Coos, Curry, Douglas and Lane
Counties - } ;
(d) A member of the governing body of Clatsop, Lincoln or
Tillamook County to be appointed by the Governor { - , chosen in
consultation with and with the approval of a majority of the
members of the governing bodies of Clatsop, Lincoln and Tillamook
Counties - } ;
(e) An elected city official from a coastal city bordering the
territorial sea to be appointed by the Governor { - with advice
from an Oregon coastal zone management association - } ;
(f) A representative of each of the following ocean interests,
to be appointed by the Governor { - , and subject to
confirmation by the Senate pursuant to section 4, Article III,
Oregon Constitution - } :
(A) Commercial ocean fisheries { - of the North Coast - }
{ + conducted primarily within Oregon's territorial waters + }
from Newport north;
(B) Commercial ocean fisheries { - of the South Coast - }
{ + conducted primarily within Oregon's territorial waters + }
south of Newport;
(C) Charter, sport or recreation ocean fisheries of the North
Coast from Newport north;
(D) Charter, sport or recreation ocean fisheries of the South
Coast south of Newport;
(E) Ports marine navigation or transportation;
(F) Coastal nonfishing recreation interests of surfing, diving,
kayaking or windsurfing;
{ + (G) Ocean wave energy development; + }
{ - (G) - } { + (H) + } A coastal conservation or
environmental organization;
{ - (H) - } { + (I) + } Oregon Indian tribes appointed
after consultation with the Commission on Indian Services;
{ - (I) - } { + (J) + } A coastwide organization
representing a majority of small ports and local governments
{ - , as a nonvoting member - } ; and
{ - (J) - } { + (K) + } A statewide conservation or
environmental organization; and
(g) { - Two - } { + Three + } representatives of the
public, at least one of whom shall be a resident of a county
bordering the territorial sea, to be appointed by the Governor.
(2) The term of office of each member appointed by the Governor
is four years, but a member serves at the pleasure of the
Governor. Before the expiration of the term of a member, the
Governor shall appoint a successor whose term begins on July 1
next following. A member is eligible for reappointment. If there
is a vacancy for any cause, the Governor shall make an
appointment to become immediately effective for the unexpired
term.
(3) A majority of the voting members of the council constitutes
a quorum for the transaction of business.
(4) The { - voting members of the council shall elect a
person from among the membership to chair - } { + Governor or
the Governor's designee shall be chairperson of + } the council.
SECTION 7. ORS 196.443 is amended to read:
196.443. (1) The purposes of the Ocean Policy Advisory Council
are to:
(a) Periodically review the Territorial Sea Plan and submit
recommendations for { + amending + } the plan to { - state
agencies represented on the council. The council shall recommend
deletions to the Territorial Sea Plan of all site designations
and management prescriptions to - } the Land Conservation and
Development Commission { + for action under ORS 196.471 + }.
(b) Advance the policies of ORS 196.420 to the federal
government and any multistate bodies.
(c) Provide a forum for discussing ocean resource policy,
planning and management issues and, when appropriate, mediating
disagreements.
{ - (d) Recommend amendments to the Oregon Ocean Resources
Management Plan as needed. If the recommended amendments to the
plan incorporate the establishment of a system of limited marine
reserves or other protected areas, the council also shall perform
an economic analysis of short-term and long-term effects that the
establishment of such areas would have on coastal communities.
Any recommended amendments related to marine reserves or marine
protected areas shall be submitted to the State Fish and Wildlife
Commission for review and approval. - }
{ - (e) - } { + (d) + } Offer advice to the Governor, the
State Land Board, state agencies and local governments on
specific ocean resources management issues.
{ - (f) - } { + (e) + } Encourage participation of federal
agencies in discussion and resolution of ocean resources planning
and management issues affecting Oregon.
(2) The Ocean Policy Advisory Council may not, except to the
extent of fulfilling its advisory capacity under subsection
{ - (1)(e) - } { + (1)(d) + } of this section, establish
fishing seasons, harvest allocations, geographic restrictions or
other harvest restrictions.
SECTION 8. ORS 196.451 is amended to read:
196.451. (1) To aid and advise the Ocean Policy Advisory
Council in the performance of its functions, the council shall
establish a permanent scientific and technical advisory committee
{ - chaired by the director of the Sea Grant College program or
other similarly qualified member of the Ocean Policy Advisory
Council - } and may establish additional committees as needed.
(2) Members of the advisory committees are not entitled to
compensation, but in the discretion of the council may be
reimbursed from funds available to council for actual and
necessary travel and other expenses incurred by them in the
performance of their official duties, subject to ORS 292.495.
SECTION 9. ORS 196.455 is amended to read:
196.455. To { - insure - } { + ensure + } that the
{ - Oregon Ocean Resources Management Plan and - } Territorial
Sea Plan { - are - } { + is + } coordinated with federal
agency programs for coastal and ocean resources, the Ocean Policy
Advisory Council may invite federal agencies with responsibility
for the study and management of ocean resources or regulation of
ocean activities to designate a liaison to the council to attend
council meetings, respond to council requests for technical and
policy information and review draft plan materials prepared by
the council.
SECTION 10. ORS 196.465 is amended to read:
196.465. (1) The { - Oregon Ocean Resources Management Plan
and - } Territorial Sea Plan, when adopted pursuant to ORS
196.471, shall be compatible with acknowledged comprehensive
plans of adjacent coastal counties and cities.
(2) To { - insure - } { + ensure + } that the plan is
compatible with the comprehensive plans of adjacent coastal
counties and cities, the Ocean Policy Advisory Council shall work
with the Department of Land Conservation and Development and any
Oregon coastal zone management association to:
(a) Meet and consult with local government officials;
(b) Distribute draft materials and working papers for review
and solicit comment on council materials; and
(c) Provide technical and policy information to local
governments about ocean resource issues.
SECTION 11. ORS 196.471 is amended to read:
196.471. (1) { + (a) + } The Land Conservation and Development
Commission shall review { - the Territorial Sea Plan and any
subsequent - } { + any proposed + } amendments { + to the
Territorial Sea Plan + } recommended { + to the commission + }
by the Ocean Policy Advisory Council
{ - to either the Territorial Sea Plan or the Oregon Ocean
Resources Management Plan - } and make findings that the plan or
amendments:
{ - (a) - } { + (A) + } Carry out the policies of ORS
196.405 to 196.515; and
{ - (b) - } { + (B) + } Are consistent with applicable
statewide planning goals, with emphasis on the four coastal
goals.
{ + (b) In making the finding under paragraph (a) of this
subsection, the commission may receive comments on the plan or
proposed amendments from the Governor, state agencies or any
other persons. + }
(2) After making the findings required by subsection (1) of
this section, the commission shall adopt the Territorial Sea Plan
or proposed amendments as part of the Oregon Coastal Management
Program.
(3) If the commission does not make the findings required by
subsection (1) of this section, the commission shall return the
plan or amendments to the council for revision. The commission
may specify any needed revisions.
(4) Upon adoption of the Territorial Sea Plan or subsequent
amendments the commission may, after consultation with affected
state agencies, identify amendments to agency ocean or coastal
resource management programs necessary to conform to the
provisions of the adopted plan.
SECTION 12. ORS 196.485 is amended to read:
196.485. (1) If a state agency incorporates the { - Oregon
Ocean Resources Management Plan and - } Territorial Sea Plan by
reference in its coordination program and, upon a finding by the
Land Conservation and Development Commission that the agency has
amended its rules, procedures and standards to conform with the
objectives and requirements of the { - plan and - }
Territorial Sea Plan, the state agency shall satisfy the
requirements of state agency planning and coordination required
by ORS 197.180 for ocean planning.
(2) If a state agency does not incorporate the { - plan
or - } Territorial Sea Plan in its coordination program, the
agency shall be subject to the state agency coordination
requirements of ORS chapters 195, 196 and 197 for state agency
programs, procedures and standards that in any way affect ocean
resources.
(3) State agency programs or rules for management of ocean
resources or ocean uses shall be consistent with the { - Oregon
Ocean Resources Management Plan and the - } Territorial Sea
Plan.
SECTION 13. { + ORS 196.407, 196.408, 196.575 and 196.580 and
section 2, chapter 521, Oregon Laws 2007, are repealed. + }
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