Bill Text: OR SB730 | 2013 | Regular Session | Introduced

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Bill Title: Relating to vernal pools; declaring an emergency.

Spectrum: Partisan Bill (Republican 14-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB730 Detail]

Download: Oregon-2013-SB730-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 774

                         Senate Bill 730

Sponsored by Senator FERRIOLI; Senators BAERTSCHIGER JR, BOQUIST,
  CLOSE, GEORGE, GIROD, HANSELL, KNOPP, KRUSE, OLSEN, THOMSEN,
  WHITSETT, WINTERS, Representative JOHNSON

                             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.

  Defines 'vernal pool.' Excludes vernal pools from definition of
'waters of this state.  '
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to vernal pools; creating new provisions; amending ORS
  196.800; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 196.800 is amended to read:
  196.800. As used in ORS 196.600 to 196.905, unless the context
requires otherwise:
  (1) 'Channel relocation' means a change in location of a
channel in which a new channel is dug and the flow is diverted
from the old channel into the new channel if more than 50 cubic
yards of material is removed in constructing the new channel or
if it would require more than 50 cubic yards of material to
completely fill the old channel.
  (2) 'Estuary' means:
  (a) For waters other than the Columbia River, the body of water
from the ocean to the head of tidewater that is partially
enclosed by land and within which salt water is usually diluted
by fresh water from the land, including all associated estuarine
waters, tidelands, tidal marshes and submerged lands; and
  (b) For the Columbia River, all waters from the mouth of the
river up to the western edge of Puget Island, including all
associated estuarine waters, tidelands, tidal marshes and
submerged lands.
  (3) 'Fill' means the total of deposits by artificial means
equal to or exceeding 50 cubic yards or more of material at one
location in any waters of this state.
  (4) 'General authorization' means an authorization granted
under ORS 196.850 for a category of activities involving removal
or fill, or both, without a permit.
  (5) 'General permit' means a permit for removal activities or
fill activities that are substantially similar in nature, are
recurring or ongoing, and have predictable effects and outcomes.
  (6) 'Intermittent stream' means any stream which flows during a
portion of every year and which provides spawning, rearing or
food-producing areas for food and game fish.
  (7) 'Material' means rock, gravel, sand, silt and other
inorganic substances removed from waters of this state and any
materials, organic or inorganic, used to fill waters of this
state.
  (8) 'Mitigation' means the reduction of adverse effects of a
proposed project by considering, in the following order:
  (a) Avoiding the effect altogether by not taking a certain
action or parts of an action;
  (b) Minimizing the effect by limiting the degree or magnitude
of the action and its implementation;
  (c) Rectifying the effect by repairing, rehabilitating or
restoring the affected environment;
  (d) Reducing or eliminating the effect over time by
preservation and maintenance operations during the life of the
action by monitoring and taking appropriate corrective measures;
and
  (e) Compensating for the effect by creating, restoring,
enhancing or preserving substitute functions and values for the
waters of this state.
  (9) 'Person' means a person, a public body as defined in ORS
174.109, the federal government, when operating in any capacity
other than navigational servitude, or any other legal entity.
  (10) 'Practicable' means capable of being accomplished after
taking into consideration the cost, existing technology and
logistics with respect to the overall project purpose.
  (11) 'Public use' means a publicly owned project or a privately
owned project that is available for use by the public.
  (12) 'Removal' means:
  (a) The taking of more than 50 cubic yards or the equivalent
weight in tons of material in any waters of this state in any
calendar year; or
  (b) The movement by artificial means of an equivalent amount of
material on or within the bed of such waters, including channel
relocation.
   { +  (13) 'Vernal pool' means a seasonal wetland found on
shallow soils over an impermeable hardpan layer or bedrock. + }
    { - (13) - }   { + (14) + } 'Water resources' includes not
only water itself but also aquatic life and habitats therein and
all other natural resources in and under the waters of this
state.
    { - (14) - }   { + (15)(a) + } 'Waters of this state' means
all natural waterways, tidal and nontidal bays, intermittent
streams, constantly flowing streams, lakes, wetlands, that
portion of the Pacific Ocean that is in the boundaries of this
state, all other navigable and nonnavigable bodies of water in
this state and those portions of the ocean shore, as defined in
ORS 390.605, where removal or fill activities are regulated under
a state-assumed permit program as provided in 33 U.S.C. 1344(g)
of the Federal Water Pollution Control Act, as amended.
   { +  (b) 'Waters of this state' does not mean vernal
pools. + }
    { - (15) - }   { + (16) + } 'Wetland conservation plan' means
a written plan providing for wetland management containing a
detailed and comprehensive statement of policies, standards and
criteria to guide public and private uses and protection of
wetlands, waters and related adjacent uplands and which has
specific implementing measures and which apply to designated
geographic areas of the State of Oregon.
    { - (16) - }   { + (17) + } 'Wetlands' means those areas that
are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
  SECTION 2. ORS 196.800, as amended by section 1, chapter 516,
Oregon Laws 2001, section 8, chapter 253, Oregon Laws 2003,
section 15, chapter 738, Oregon Laws 2003, section 3, chapter
849, Oregon Laws 2007, and section 19, chapter 343, Oregon Laws
2009, is amended to read:
  196.800. As used in ORS 196.600 to 196.905, unless the context
requires otherwise:
  (1) 'Channel relocation' means a change in location of a
channel in which a new channel is dug and the flow is diverted
from the old channel into the new channel.
  (2) 'Estuary' means:
  (a) For waters other than the Columbia River, the body of water
from the ocean to the head of tidewater that is partially
enclosed by land and within which salt water is usually diluted
by fresh water from the land, including all associated estuarine
waters, tidelands, tidal marshes and submerged lands; and
  (b) For the Columbia River, all waters from the mouth of the
river up to the western edge of Puget Island, including all
associated estuarine waters, tidelands, tidal marshes and
submerged lands.
  (3) 'Fill' means the deposit by artificial means of material at
one location in any waters of this state.
  (4) 'General authorization' means an authorization granted
under ORS 196.850 for a category of activities involving removal
or fill, or both, without a permit.
  (5) 'General permit' means a permit for removal activities or
fill activities that are substantially similar in nature, are
recurring or ongoing, and have predictable effects and outcomes.
  (6) 'Intermittent stream' means any stream which flows during a
portion of every year and which provides spawning, rearing or
food-producing areas for food and game fish.
  (7) 'Material' means rock, gravel, sand, silt and other
inorganic substances removed from waters of this state and any
materials, organic or inorganic, used to fill waters of this
state.
  (8) 'Mitigation' means the reduction of adverse effects of a
proposed project by considering, in the following order:
  (a) Avoiding the effect altogether by not taking a certain
action or parts of an action;
  (b) Minimizing the effect by limiting the degree or magnitude
of the action and its implementation;
  (c) Rectifying the effect by repairing, rehabilitating or
restoring the affected environment;
  (d) Reducing or eliminating the effect over time by
preservation and maintenance operations during the life of the
action by monitoring and taking appropriate corrective measures;
and
  (e) Compensating for the effect by creating, restoring,
enhancing or preserving substitute functions and values for the
waters of this state.
  (9) 'Person' means a person, a public body, as defined in ORS
174.109, the federal government, when operating in any capacity
other than navigational servitude, or any other legal entity.
  (10) 'Practicable' means capable of being accomplished after
taking into consideration the cost, existing technology and
logistics with respect to the overall project purpose.
  (11) 'Public use' means a publicly owned project or a privately
owned project that is available for use by the public.
  (12) 'Removal' means:
  (a) The taking of material in any waters of this state; or
  (b) The movement by artificial means of material within the bed
of such waters, including channel relocation.
   { +  (13) 'Vernal pool' means a seasonal wetland found on
shallow soils over an impermeable hardpan layer or bedrock. + }
    { - (13) - }   { + (14) + } 'Water resources' includes not
only water itself but also aquatic life and habitats therein and
all other natural resources in and under the waters of this
state.

    { - (14) - }   { + (15)(a) + } 'Waters of this state' means
all natural waterways, tidal and nontidal bays, intermittent
streams, constantly flowing streams, lakes, wetlands, that
portion of the Pacific Ocean that is in the boundaries of this
state, all other navigable and nonnavigable bodies of water in
this state and those portions of the ocean shore, as defined in
ORS 390.605, where removal or fill activities are regulated under
a state-assumed permit program as provided in 33 U.S.C. 1344(g)
of the Federal Water Pollution Control Act, as amended.
   { +  (b) 'Waters of this state' does not mean vernal
pools. + }
    { - (15) - }   { + (16) + } 'Wetland conservation plan' means
a written plan providing for wetland management containing a
detailed and comprehensive statement of policies, standards and
criteria to guide public and private uses and protection of
wetlands, waters and related adjacent uplands and which has
specific implementing measures and which apply to designated
geographic areas of the State of Oregon.
    { - (16) - }   { + (17) + } 'Wetlands' means those areas that
are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
  SECTION 3.  { + The amendments to ORS 196.800 by sections 1 and
2 of this 2013 Act apply only to:
  (1) Applications for permits filed with the Director of the
Department of State Lands under ORS 196.815, or permits renewed,
on or after the effective date of this 2013 Act.
  (2) Memoranda of agreements entered into by the Department of
State Lands and the State Department of Geology and Mineral
Industries under ORS 517.797 on or after the effective date of
this 2013 Act. + }
  SECTION 4.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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