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 3358
 
                         House Bill 3105
 
Sponsored by Representatives ROBLAN, WITT; Representatives BOONE,
  COWAN, KRIEGER, Senators JOHNSON, KRUSE, VERGER
 
 
                             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.
 
  Adds exception to requirements regarding ballast water
discharge. Allows Environmental Quality Commission to adopt rules
regarding ballast water discharge.
  Creates Shipping Transport of Aquatic Invasive Species Task
Force. Sunsets task force on January 2, 2012.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to ballast water; 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 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) The Environmental Quality Commission may adopt by
rule standards that the commission considers necessary to carry
out the provisions of ORS 783.625 to 783.640. The standards must
minimize the risk of introducing aquatic nonindigenous species
into the waters of this state and must be based on the
availability of treatment technology. To the extent practicable,
the commission shall adopt rules 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 who represent the interests of
this state and federal, State of Washington, maritime,
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;
  (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) Portland State University may provide staff support or
coordination assistance to the task force, subject to available
funding from gifts, grants or donations.
  (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, in consultation with the Invasive Species
Council established pursuant to ORS 561.687, shall submit a
report, including recommendations for legislation, to an interim
committee of the Legislative Assembly related to natural
resources no later than October 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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