Bill Text: OR HB2233 | 2013 | Regular Session | Enrolled
Bill Title: Relating to marine vessels.
Sponsorship: Unknown
Status: (Passed) 2013-07-29 - Chapter 680, (2013 Laws): Effective date January 1, 2014. [HB2233 Detail]
Download: Oregon-2013-HB2233-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2233
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Governor John A. Kitzhaber, M.D., for
State Marine Board)
CHAPTER ................
AN ACT
Relating to marine vessels; creating new provisions; amending ORS
466.605, 468B.300, 468B.325, 830.926 and 830.990; and repealing
ORS 830.907, 830.909, 830.912, 830.914, 830.917, 830.919,
830.922, 830.924 and 830.927.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 12 of this 2013 Act are added to
and made a part of ORS chapter 830. + }
SECTION 2. { + Definitions. + } { + As used in sections 2 to
12 of this 2013 Act:
(1) 'Abandoned vessel' means a vessel that has been left
without authorization on public or private land, the waters of
this state, or any other water.
(2) 'Business day' means any day other than a Saturday, a
Sunday or a legal holiday as described in ORS 187.010.
(3) 'Derelict vessel' means a vessel that is on the waters of
this state and that is:
(a) Sunk or in imminent danger of sinking;
(b) Obstructing a waterway;
(c) Endangering life or property; or
(d) In such dilapidated condition that it is in danger of
becoming a significant environmental hazard as evidenced by
repeated and documented instances of leaking fuel, sewage or
other pollutants.
(4) 'Enforcement agency' means a law enforcement agency, a
federal agency, the State Marine Board or any other public body,
as defined in ORS 174.109, that has responsibility for land or
water on which an abandoned vessel or a derelict vessel is
located.
(5) 'Owner' means a person who has a property interest in a
vessel.
(6)(a) 'Vessel' means a boat, a boathouse as defined in ORS
830.700, a floating home as defined in ORS 830.700, or any other
floating structure that is normally secured to a pier or pilings.
(b) 'Vessel' does not include a dock as defined in ORS
307.120. + }
SECTION 3. { + Authority to seize abandoned vessel or derelict
vessel. (1) An enforcement agency may seize a vessel as an
abandoned vessel if:
(a) The enforcement agency has probable cause to believe the
vessel is an abandoned vessel; and
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(b) An owner does not move the vessel to a place where the
vessel can be lawfully kept within the time specified in the
notice given under section 4 of this 2013 Act, or within such
additional time as may be specified in an order issued under
section 7 (6) of this 2013 Act.
(2) An enforcement agency may seize a vessel as a derelict
vessel if:
(a) The enforcement agency has probable cause to believe the
vessel is a derelict vessel and the enforcement agency documented
the facts supporting that belief; and
(b) The owner does not correct the problems identified in the
notice given under section 4 of this 2013 Act within the time
specified in the notice, or within such additional time as may be
specified in an order issued under section 7 (6) of this 2013
Act.
(3) A vessel may be seized as a derelict vessel by reason of an
imminent danger of sinking only if the enforcement agency has
documented the facts supporting the belief that the vessel is in
imminent danger of sinking.
(4) If an enforcement agency has probable cause to believe a
vessel is an abandoned vessel or a derelict vessel, the
enforcement agency may:
(a) Secure the vessel in such a manner as to prevent harm to
life or damage to property or to prevent the vessel from becoming
a hazard to navigation.
(b) Take action to mitigate any imminent environmental threat
the vessel poses.
(c) Salvage, tow and store the vessel.
(5) If an enforcement agency has probable cause to believe a
vessel is an abandoned vessel, the enforcement agency may enter
and inspect the interior of the vessel, and objects in plain view
within the interior of the vessel, only to the extent necessary
to identify the owners of the vessel.
(6) If an enforcement agency has probable cause to believe a
vessel is a derelict vessel by reason of endangering life or
property, or by reason of being in danger of becoming an
environmental hazard, the enforcement agency may enter and
inspect the interior of the vessel, objects in plain view within
the interior of the vessel, and closed compartments within the
interior of the vessel, only to the extent necessary to determine
whether the vessel endangers life or property, or is in danger of
becoming an environmental hazard.
(7) An Oregon State Police officer, a sheriff, a deputy sheriff
or a municipal police officer may enter privately owned land for
the purpose of determining whether a vessel is abandoned only
with the consent of the landowner. + }
SECTION 4. { + Preseizure notice. (1) Except as provided in
section 5 of this 2013 Act, at least 10 business days before
seizing an abandoned vessel or a derelict vessel an enforcement
agency shall provide notice by:
(a) Attaching a notice to the vessel;
(b) If the vessel has or had a certificate under ORS 830.770 or
830.775, mailing notice to the persons last shown as owners of
the vessel in the records of the State Marine Board; and
(c) Mailing notice to any other person for whom the enforcement
agency has obtained a mailing address and who the enforcement
agency has reason to believe is an owner of the vessel.
(2) The notice required under this section must include:
(a) The name, address and telephone number of the enforcement
agency.
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(b) A statement indicating whether the enforcement agency
proposes to seize the vessel by reason of being an abandoned
vessel, a derelict vessel, or both.
(c) The time by which the owner must act to avoid having the
vessel seized.
(d) A statement indicating that if the vessel is seized, the
owner will be liable for the costs of salvage, towing and storage
of the vessel.
(e) A statement indicating that if the vessel is seized the
vessel may be destroyed or sold if the costs of salvage, towing,
storage and disposal are not paid.
(f) A statement indicating the owner may request a hearing
before the enforcement agency seizes the vessel, and the time and
manner in which a request may be made.
(3) In addition to the requirements of subsection (2) of this
section, if an enforcement agency proposes to seize a vessel by
reason of being an abandoned vessel the notice required by this
section must indicate that:
(a) The vessel will be seized unless the owner moves the vessel
to a place where the vessel can be lawfully kept within the time
specified in the notice; and
(b) The owner may be cited for failure to remove an abandoned
vessel if the owner fails to move the vessel to a place where the
vessel can be lawfully kept within the time specified in the
notice.
(4) In addition to the requirements of subsection (2) of this
section, if an enforcement agency proposes to seize a vessel by
reason of being a derelict vessel the notice required by this
section must indicate:
(a) The reason or reasons that the enforcement agency believes
that the vessel is a derelict vessel;
(b) That the vessel will be seized unless either the problems
identified in the notice are remedied within the time specified
in the notice; and
(c) That the owner may be cited for possession of a derelict
vessel if the owner fails to remedy the problems identified in
the notice within the time specified in the notice.
(5) An owner of a vessel may request a hearing before an
enforcement agency seizes a vessel under sections 2 to 12 of this
2013 Act by submitting a request for hearing to the enforcement
agency not more than 10 business days after the notice required
by this section is given. The request must indicate if the owner
contends that the vessel is not abandoned or derelict, or
indicate such other specific grounds on which seizure of the
vessel is challenged. + }
SECTION 5. { + Seizure without notice. (1) Nothing in sections
2 to 12 of this 2013 Act affects the ability of an enforcement
agency to immediately seize without notice a vessel that presents
a hazard to navigation or an imminent threat to public health or
safety.
(2) If an enforcement agency seizes without notice a vessel
that presents a hazard to navigation or an imminent threat to
public health or safety, and the enforcement agency wishes to
dispose of the vessel under sections 2 to 12 of this 2013 Act,
the enforcement agency shall provide notice as described in
section 6 of this 2013 Act. + }
SECTION 5a. { + Manner and time of seizure. (1) An enforcement
agency may seize an abandoned vessel or a derelict vessel under
sections 2 to 12 of this 2013 Act by:
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(a) Taking physical control of the vessel by towing or other
means;
(b) By posting a notice on the vessel that indicates that the
vessel has been seized, and giving the name, address and
telephone number of the enforcement agency; or
(c) Marking a sunken vessel with a buoy that has the name and
telephone number of the enforcement agency.
(2) An abandoned vessel or a derelict vessel is considered to
have been seized for the purposes of sections 2 to 12 of this
2013 Act at the time the enforcement agency takes physical
control of the vessel under subsection (1)(a) of this section,
posts a notice on the vessel under subsection (1)(b) of this
section or marks the vessel under subsection (1)(c) of this
section. + }
SECTION 6. { + Post-seizure notice. (1) Not more than seven
days after an enforcement agency seizes a vessel under sections 2
to 12 of this 2013 Act, the enforcement agency shall post notice
in the form required by this section on any website maintained by
the enforcement agency and mail a copy of the notice to the
persons described in section 4 (1) of this 2013 Act.
(2) The notice required under this section must include the
date by which the costs of salvage, towing and storage must be
paid to avoid title to the vessel vesting in the enforcement
agency. The date may not be less than 30 days after the date on
which the vessel was seized.
(3) The notice required under this section must include a
description of the vessel and of any personal property located on
the vessel, and state all of the following:
(a) That the vessel has been seized.
(b) The time of the seizure.
(c) The name, address and telephone number of the enforcement
agency.
(d) The reason the vessel was seized.
(e) That the owners of the vessel are liable for salvage,
towing, storage and disposal costs incurred by the enforcement
agency by reason of the seizure, and the amount of those costs
that have accrued as of the date of the notice.
(f) That title to the vessel will vest in the enforcement
agency if the costs of salvage, towing and storage are not paid,
and the date by which those costs must be paid.
(g) That the owner may request a hearing, and the time and
manner for requesting a hearing.
(h) That the owner may challenge the reasonableness of any
salvage, towing or storage costs at the hearing.
(i) That the vessel and its contents may be immediately
reclaimed by presenting proof of ownership or right to possession
and payment of the costs that have accrued.
(4) Except as provided in subsection (5) of this section, an
owner of a vessel may request a hearing after an enforcement
agency seizes a vessel under sections 2 to 12 of this 2013 Act by
submitting a written request for hearing to the enforcement
agency not more than 10 business days after the notice required
by this section is given. The request must include a statement of
the specific grounds on which the seizure is challenged, and
whether the owner challenges the reasonableness of any salvage,
towing or storage costs incurred by the enforcement agency.
(5) If an owner of a vessel requested a hearing under section 4
(5) of this 2013 Act, the owner may request a hearing under
subsection (4) of this section only for the purpose of
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challenging the reasonableness of any salvage, towing or storage
costs incurred by the enforcement agency. + }
SECTION 7. { + Hearing. (1) If an owner of a vessel requests a
preseizure hearing as provided in section 4 (5) of this 2013 Act,
the enforcement agency may not seize the vessel until after the
hearing.
(2) If an owner of a vessel requests a hearing as provided in
section 4 (5) or 6 (4) of this 2013 Act, the enforcement agency
shall set a time for the hearing that is no more than seven
business days after the enforcement agency receives the request.
The enforcement agency shall provide notice of the hearing to the
person requesting the hearing, and to all other persons described
in section 4 (1) of this 2013 Act.
(3) If an owner of a vessel requests a hearing under this
section and fails to appear at the hearing, the owner is not
entitled to another hearing unless the owner shows good reasons
to the enforcement agency for the person's failure to appear.
(4) An enforcement agency shall conduct a single hearing under
this section for all requests for hearing that relate to the same
vessel.
(5) Hearings held under this section may be informal in nature,
but the presentation of evidence in a hearing shall be consistent
with the standards for presentation of evidence under ORS
183.450.
(6) If the notice given under section 4 of this 2013 Act
indicates that the enforcement agency proposes to seize a vessel
by reason of being an abandoned vessel, and the owner of a vessel
requests a preseizure hearing under section 4 (5) of this 2013
Act, the owner may present a plan of action for moving the vessel
to a place where the vessel can be lawfully kept. If the notice
given under section 4 of this 2013 Act indicates that the
enforcement agency proposes to seize a vessel by reason of being
a derelict vessel, and the owner of a vessel requests a
preseizure hearing under section 4 (5) of this 2013 Act, the
owner may present a plan of action for remedying the problems
identified in the notice. If the hearing officer approves the
plan of action, the hearing officer by order may establish a time
for moving the vessel, or remedying the problems, that is later
than the time specified in the notice. If the hearing officer
issues an order under this subsection, and the owner fails to
move the vessel, or to remedy the problems, within the time
allowed, the enforcement agency may seize the vessel and take
such other action authorized under sections 2 to 12 of this 2013
Act without further notice to the owner or opportunity for
hearing except:
(a) Giving post-seizure notice under section 6 of this 2013
Act; and
(b) If the owner requests a hearing under section 4 (5) of this
2013 Act, allowing the owner to challenge the reasonableness of
salvage, towing or storage costs as provided under section 6 (5)
of this 2013 Act.
(7) If the owner of a vessel requests a post-seizure hearing
under section 6 (4) of this 2013 Act to challenge the
reasonableness of costs incurred by the enforcement agency in
salvaging, towing or storage of the vessel, costs that were
incurred in compliance with laws, ordinances or rules
establishing allowable costs for those purposes are reasonable as
a matter of law.
(8) If an enforcement agency determines after a hearing under
this section that seizure of the vessel is not warranted under
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the law, the enforcement agency shall immediately release custody
of the vessel to the owner who requested the hearing and may not
charge the owner any costs incurred by the agency in salvaging,
towing or storage of the vessel.
(9) If an enforcement agency determines after a hearing under
this section that seizure of the vessel is warranted, the
enforcement agency shall seize the vessel if the vessel has not
already been seized and dispose of the vessel as provided in
section 9 of this 2013 Act.
(10) An enforcement agency shall mail a written statement of
the enforcement agency's determination to all owners who
requested a hearing under this section.
(11) The hearing officer at a hearing under this section may be
an officer, official or employee of the enforcement agency but
may not have participated in any determination or investigation
related to seizure of the vessel that is the subject of the
hearing.
(12) If the enforcement agency conducting a hearing under this
section is a state agency, the determination of the enforcement
agency is an order other than a contested case and is subject to
review under ORS 183.484. If the enforcement agency conducting a
hearing under this section is not a state agency, judicial review
of the order is as provided in ORS 34.010 to 34.100. + }
SECTION 8. { + Liability for costs of salvage, towing and
storage. (1) Except as otherwise provided in sections 2 to 12 of
this 2013 Act, the owner of an abandoned vessel or a derelict
vessel is liable to an enforcement agency for all costs arising
out of salvage, towing, storage and disposal of a vessel seized
under sections 2 to 12 of this 2013 Act. Any order imposing
liability for those costs is subject to judicial review as
provided in section 7 (12) of this 2013 Act.
(2) If an enforcement agency sells a vessel seized under
sections 2 to 12 of this 2013 Act, the liability imposed under
this section shall be reduced by the net proceeds of the sale.
(3) Except for costs of reclaiming a vessel under section 9 (1)
of this 2013 Act, an owner of a vessel whose only interest in the
vessel is a security interest is not liable for costs arising out
of salvage, towing, storage and disposal of a vessel under
sections 2 to 12 of this 2013 Act. + }
SECTION 9. { + Reclamation of seized vessels. (1) At any time
before the date specified in the notice given pursuant to section
6 (2) of this 2013 Act, any owner may reclaim the vessel by:
(a) Paying all costs incurred by the enforcement agency in
salvaging, towing and storing the vessel; and
(b) Establishing to the satisfaction of the enforcement agency
that the owner is able to move the vessel to a place where the
vessel can be lawfully kept.
(2) If a vessel seized under sections 2 to 12 of this 2013 Act
is not reclaimed in the manner provided by this section, title to
the vessel and all personal property found in the vessel vests in
the enforcement agency, and the enforcement agency may sell or
otherwise dispose of the vessel and the property. + }
{ + NOTE: + } Section 10 was deleted by amendment. Subsequent
sections were not renumbered.
SECTION 11. { + Use of contractor. An enforcement agency may
enter into a contract with any person to carry out the provisions
of sections 2 to 12 of this 2013 Act on behalf of the enforcement
agency. + }
SECTION 12. { + Offenses. (1) A person commits the offense of
failure to remove an abandoned vessel if the person is the owner
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of an abandoned vessel and, after notice is given under section 4
of this 2013 Act, the person fails to move the vessel to a place
where the vessel can be lawfully kept within the time specified
in the notice, or within the time allowed under an order issued
under section 7 (6) of this 2013 Act.
(2) A person commits the offense of possession of a derelict
vessel if the person is the owner of a derelict vessel and, after
notice is given under section 4 of this 2013 Act, the person
fails to remedy the problems identified in the notice within the
time specified in the notice, or within the time allowed under an
order issued under section 7 (6) of this 2013 Act.
(3) An owner of a vessel does not violate this section if the
owner's only interest in the vessel is a security interest. + }
SECTION 13. ORS 830.926 is amended to read:
830.926. { - (1) The Abandoned Boat Removal and Cleanup
Subaccount is established within the Boating Safety, Law
Enforcement and Facility Account. The subaccount shall consist of
moneys deposited into the subaccount by the State Marine Board
from fees collected pursuant to ORS 830.790 and 830.850. The
moneys in the subaccount are continuously appropriated to the
board for the purposes specified in this section. - }
{ - (2) The board may not deposit more than $150,000 per
biennium into the subaccount and may not retain more than
$150,000 in the subaccount at any time. After the board has
deposited $150,000 into the subaccount under this subsection or
any time there is more than $150,000 in the subaccount, any
remaining moneys from fees collected pursuant to ORS 830.790 and
830.850 shall be deposited in the Boating Safety, Law Enforcement
and Facility Account created under ORS 830.140. - }
{ - (3) If the board or a removing authority has been
unsuccessful in collecting reimbursement for removal from the
water and cleanup expenses from an owner of an abandoned boat,
floating home or boathouse that imposes an environmental threat
or safety hazard to navigation, or the owner's insurance, the
board may use the moneys in the subaccount for: - }
{ - (a) Paying the expenses of the board in implementing ORS
830.907 to 830.927, limited to the expenses associated with the
removal and cleanup of an abandoned boat of less than 200 gross
tons, an abandoned floating home or an abandoned boathouse;
or - }
{ - (b) Paying a removing authority for no more than 75
percent of the costs of the removal and cleanup of an abandoned
boat of less than 200 gross tons, an abandoned floating home or
an abandoned boathouse, including any salvage, towing, storage or
disposal costs. - }
{ + (1) The Salvaged Vessel Subaccount is established within
the Boating Safety, Law Enforcement and Facility Account created
under ORS 830.140. The subaccount shall consist of moneys
deposited into the subaccount by the State Marine Board from fees
collected pursuant to ORS 830.790 and 830.850. The moneys in the
subaccount are continuously appropriated to the board for the
purposes specified in this section.
(2) The board may not deposit more than $150,000 per biennium
into the Salvaged Vessel Subaccount and may not retain more than
$150,000 in the subaccount at any time. After the board has
deposited $150,000 into the subaccount under this subsection or
any time there is more than $150,000 in the subaccount, any
remaining moneys from fees collected pursuant to ORS 830.790 and
830.850 shall be deposited in the Boating Safety, Law Enforcement
and Facility Account.
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(3) The board may use the moneys in the Salvaged Vessel
Subaccount to pay the expenses of the board in implementing
sections 2 to 12 of this 2013 Act that are associated with the
salvage, towing, storage and disposal of:
(a) Vessels other than boats that are abandoned vessels or
derelict vessels; and
(b) Vessels that are boats of less than 200 gross tons.
(4) The board may use the moneys in the Salvaged Vessel
Subaccount to pay an enforcement agency for no more than 90
percent of the costs of salvage, towing, storage and cleanup of
an abandoned vessel or a derelict vessel that has or had a
certificate under ORS 830.770 or 830.775 and that is:
(a) A boat of less than 200 gross tons; or
(b) Any other abandoned vessel or derelict vessel that is not a
boat.
(5) The board may use the moneys in the Salvaged Vessel
Subaccount to pay an enforcement agency for no more than 75
percent of the costs of salvage, towing, storage and cleanup of
an abandoned vessel or a derelict vessel that has never had a
certificate under ORS 830.770 or 830.775 and that is:
(a) A boat of less than 200 gross tons; or
(b) Any other abandoned vessel or derelict vessel that is not a
boat.
(6) The board may reimburse an enforcement agency under
subsection (4) or (5) of this section for costs associated with
an abandoned vessel or a derelict vessel only if the enforcement
agency complied with sections 2 to 12 of this 2013 Act in seizing
the vessel.
(7) The board may use the moneys in the Salvaged Vessel
Subaccount to award grants to the state, a city, a county, a
water improvement district, a park and recreation district or a
port as provided in ORS 830.150 for the disposal of a vessel that
has or had a certificate under ORS 830.770 or 830.775 and that
the owner has surrendered to an accepting public agency if:
(a) The public agency has determined that the vessel was in
danger of being an abandoned vessel or a derelict vessel and was
likely to cause damage to the environment or become a hazard to
navigation; and
(b) The decision to accept the vessel was based solely on the
public agency's determination under paragraph (a) of this
subsection.
(8) The board may recover payments made from the Salvaged
Vessel Subaccount from an owner of a vessel who is liable for the
costs of salvage, towing, storage and disposal under section 8 of
this 2013 Act. The board shall deposit all funds recovered under
this section into the subaccount in accordance with the
provisions of subsection (2) of this section. + }
SECTION 14. { + The Salvaged Vessel Subaccount is a
continuation of the Abandoned Boat Removal and Cleanup Subaccount
established by ORS 830.926. Moneys contained in the Abandoned
Boat Removal and Cleanup Subaccount on the effective date of this
2013 Act are considered to be moneys in the Salvaged Vessel
Subaccount. + }
SECTION 15. { + ORS 830.926 is added to and made a part of
sections 2 to 12 of this 2013 Act. + }
SECTION 16. { + ORS 830.907, 830.909, 830.912, 830.914,
830.917, 830.919, 830.922, 830.924 and 830.927 are repealed. + }
SECTION 17. ORS 830.990 is amended to read:
830.990. (1)(a) Violation of ORS 830.565 by a person operating
a manually propelled boat is a Class D violation.
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Notwithstanding ORS 153.019, the presumptive fine for a violation
of ORS 830.565 is $30.
(b) Violation of ORS 830.565 by a person operating a motorboat
is punishable as a Class D violation. Notwithstanding ORS
153.019, the presumptive fine for a violation of ORS 830.565 is
$50.
(2) A person who violates ORS 830.050, 830.088, 830.090,
830.092, 830.094, 830.230, 830.415, 830.710, 830.720, 830.770,
830.780, 830.810, 830.850 or 830.855, or rules adopted to carry
out the purposes of those statutes, commits a Class D violation.
(3) A person who violates ORS 830.220, 830.240, 830.245,
830.250, 830.375, 830.475 (4), 830.480, 830.785, 830.805 or
830.825, or rules adopted to carry out the purposes of those
statutes, commits a Class C violation.
(4) A person who violates ORS 830.110, 830.175, 830.180,
830.185, 830.195, 830.210, 830.215, 830.225, 830.235, 830.260,
830.300, 830.315 (2) and (3), 830.335, 830.340, 830.345, 830.350,
830.355, 830.360, 830.362, 830.365, 830.370, 830.410, 830.420,
830.495, 830.560, 830.775, 830.795 or 830.830, or rules adopted
to carry out the purposes of those statutes, commits a Class B
violation.
(5) A person who violates ORS 830.305 or 830.390, or rules
adopted to carry out the purposes of those statutes, commits a
Class A violation.
(6) A person who violates ORS 830.383 or 830.909 commits a
Class B misdemeanor.
(7) A person who violates ORS 830.035 (2), 830.053, 830.315
(1), 830.325, 830.475 (1), 830.730 or 830.955 (1) commits a Class
A misdemeanor.
(8) A person who violates ORS 830.475 (2) commits a Class C
felony.
{ + (9) A person who violates section 12 of this 2013 Act
commits a Class A violation. + }
SECTION 18. { + Sections 2 to 12 of this 2013 Act, the
amendments to ORS 830.926 and 830.990 by sections 13 and 17 of
this 2013 Act, and the repeal of ORS 830.907, 830.909, 830.912,
830.914, 830.917, 830.919, 830.922, 830.924 and 830.927 by
section 16 of this 2013 Act apply only to the seizure of vessels
on or after the effective date of this 2013 Act. Vessels that
were seized before the effective date of this 2013 Act shall
continue to be governed by ORS 830.907 to 830.927 and 830.990, as
in effect immediately before the effective date of this 2013
Act. + }
SECTION 19. ORS 466.605 is amended to read:
466.605. As used in ORS 466.605 to 466.680 and 466.990 (3) and
(4):
(1) 'Barrel' means 42 U.S. gallons at 60 degrees Fahrenheit.
(2) 'Cleanup' means the containment, collection, removal,
treatment or disposal of oil or hazardous material; site
restoration; and any investigations, monitoring, surveys, testing
and other information gathering required or conducted by the
Department of Environmental Quality.
(3) 'Cleanup costs' means all costs associated with the cleanup
of a spill or release incurred by the state, its political
subdivision or any person with written approval from the
department when implementing ORS 466.205, 466.605 to 466.680,
466.990 (3) and (4) and 466.995 (2) or 468B.320.
(4) 'Commission' means the Environmental Quality Commission.
(5) 'Department' means the Department of Environmental Quality.
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(6) 'Director' means the Director of the Department of
Environmental Quality.
(7) 'Hazardous material' means one of the following:
(a) A material designated by the commission under ORS 466.630.
(b) Hazardous waste as defined in ORS 466.005.
(c) Radioactive waste as defined in ORS 469.300, radioactive
material identified by the Energy Facility Siting Council under
ORS 469.605 and radioactive substances as defined in ORS 453.005.
(d) Communicable disease agents as regulated by the Oregon
Health Authority under ORS 431.035 to 431.530, 433.001 to 433.045
and 433.110 to 433.770.
(e) Hazardous substances designated by the United States
Environmental Protection Agency under section 311 of the Federal
Water Pollution Control Act, P.L. 92-500, as amended.
(8) 'Oils' or 'oil' includes gasoline, crude oil, fuel oil,
diesel oil, lubricating oil, sludge, oil refuse and any other
petroleum related product.
(9) 'Person' means an individual, trust, firm, joint stock
company, corporation, partnership, association, municipal
corporation, political subdivision, interstate body, the state
and any agency or commission thereof and the federal government
and any agency thereof.
(10) 'Reportable quantity' means one of the following:
(a) A quantity designated by the commission under ORS 466.625.
(b) The lesser of:
(A) The quantity designated for hazardous substances by the
United States Environmental Protection Agency pursuant to section
311 of the Federal Water Pollution Control Act, P.L. 92-500, as
amended;
(B) The quantity designated for hazardous waste under ORS
466.005 to 466.385, 466.990 (1) and (2) and 466.992;
(C) Any quantity of radioactive material, radioactive substance
or radioactive waste;
(D) If spilled into waters of the state, or escape into waters
of the state is likely, any quantity of oil that would produce a
visible oily slick, oily solids, or coat aquatic life, habitat or
property with oil, but excluding normal discharges from properly
operating marine engines; or
(E) If spilled on land, any quantity of oil over one barrel.
(c) Ten pounds unless otherwise designated by the commission
under ORS 466.625.
(11) 'Respond' or 'response' means:
(a) Actions taken to monitor, assess and evaluate a spill or
release or threatened spill or release of oil or hazardous
material;
(b) First aid, rescue or medical services, and fire
suppression; or
(c) Containment or other actions appropriate to prevent,
minimize or mitigate damage to the public health, safety, welfare
or the environment which may result from a spill or release or
threatened spill or release if action is not taken.
(12) 'Spill or release' means the discharge, deposit,
injection, dumping, spilling, emitting, releasing, leaking or
placing of any oil or hazardous material into the air or into or
on any land or waters of the state, as defined in ORS 468B.005,
except as authorized by a permit issued under ORS chapter 454,
459, 459A, 468, 468A, 468B or 469, ORS 466.005 to 466.385,
466.990 (1) and (2) or 466.992 or federal law or while being
stored or used for its intended purpose.
Enrolled House Bill 2233 (HB 2233-BCCA) Page 10
{ - (13) 'Threatened spill or release' means oil or hazardous
material is likely to escape or be carried into the air or into
or on any land or waters of the state. - }
{ + (13) 'Threatened spill or release' means oil or hazardous
material is likely to escape or be carried into the air or into
or on any land or waters of the state, including from a ship as
defined in ORS 468B.300 that is in imminent danger of
sinking. + }
SECTION 20. ORS 468B.300 is amended to read:
468B.300. As used in ORS 468.020, 468.095, 468.140 (3) and
468B.300 to 468B.500:
(1) 'Bulk' means material stored or transported in loose,
unpackaged liquid, powder or granular form capable of being
conveyed by a pipe, bucket, chute or belt system.
(2) 'Cargo vessel' means a self-propelled ship in commerce,
other than a tank vessel, of 300 gross tons or more. 'Cargo
vessel' does not include a vessel used solely for commercial fish
harvesting.
(3) 'Commercial fish harvesting' means taking food fish with
any gear unlawful for angling under ORS 506.006, or taking food
fish in excess of the limits permitted for personal use, or
taking food fish with the intent of disposing of such food fish
or parts thereof for profit, or by sale, barter or trade, in
commercial channels.
(4) 'Contingency plan' means an oil spill prevention and
emergency response plan required under ORS 468B.345.
(5) 'Covered vessel' means a tank vessel, cargo vessel,
passenger vessel or dredge vessel.
(6) 'Damages' includes damages, costs, losses, penalties or
attorney fees of any kind for which liability may exist under the
laws of this state resulting from, arising out of or related to
the discharge or threatened discharge of oil.
(7) 'Discharge' means any emission other than natural seepage
of oil, whether intentional or unintentional. ' Discharge'
includes but is not limited to spilling, leaking, pumping,
pouring, emitting, emptying or dumping oil.
(8) 'Dredge vessel' means a self-propelled vessel of 300 or
more gross tons that is equipped for regularly engaging in
dredging of submerged and submersible lands.
(9) 'Exploration facility' means a platform, vessel or other
offshore facility used to explore for oil in the navigable waters
of the state. 'Exploration facility' does not include platforms
or vessels used for stratigraphic drilling or other operations
that are not authorized or intended to drill to a producing
formation.
(10) 'Facility' means a pipeline or any structure, group of
structures, equipment or device, other than a vessel located on
or near navigable waters of a state, that is used for producing,
storing, handling, transferring, processing or transporting oil
in bulk and that is capable of storing or transporting 10,000 or
more gallons of oil. 'Facility' does not include:
(a) A railroad car, motor vehicle or other rolling stock while
transporting oil over the highways or rail lines of this state;
(b) An underground storage tank regulated by the Department of
Environmental Quality or a local government under ORS 466.706 to
466.882 and 466.994; or
(c) Any structure, group of structures, equipment or device,
other than a vessel located on or near navigable waters of a
state, that is used for producing, storing, handling,
transferring, processing or transporting oil in bulk and that is
Enrolled House Bill 2233 (HB 2233-BCCA) Page 11
capable of storing or transporting 10,000 or more gallons of oil
but does not receive oil from tank vessels, barges or pipelines.
(11) 'Federal on-scene coordinator' means the federal official
predesignated by the United States Environmental Protection
Agency or the United States Coast Guard to coordinate and direct
federal responses or the official designated by the lead agency
to coordinate and direct removal under the National Contingency
Plan.
(12) 'Hazardous material' has the meaning given that term in
ORS 466.605.
(13) 'Maritime association' means an association or cooperative
of marine terminals, facilities, vessel owners, vessel operators,
vessel agents or other maritime industry groups, that provides
oil spill response planning and spill related communications
services within the state.
(14) 'Maximum probable spill' means the maximum probable spill
for a vessel operating in the navigable waters of the state
considering the history of spills of vessels of the same class
operating on the west coast of the United States.
(15) 'Navigable waters' means the Columbia River, the
Willamette River up to Willamette Falls, the Pacific Ocean and
estuaries to the head of tidewater.
(16) 'National Contingency Plan' means the plan prepared and
published under section 311(d) of the Federal Water Pollution
Control Act, 33 U.S.C. 1321(d), as amended by the Oil Pollution
Act of 1990 (P.L. 101-380).
(17) 'Offshore facility' means any facility located in, on or
under any of the navigable waters of the state.
(18) 'Oils' or 'oil' means oil, including gasoline, crude oil,
fuel oil, diesel oil, lubricating oil, sludge, oil refuse and any
other petroleum related product and liquefied natural gas.
(19) 'Onshore facility' means any facility located in, on or
under any land of the state, other than submerged land, that,
because of its location, could reasonably be expected to cause
substantial harm to the environment by discharging oil into or on
the navigable waters of the state or adjoining shorelines.
(20) 'Passenger vessel' means a ship of 300 or more gross tons
carrying passengers for compensation.
(21) 'Person' has the meaning given the term in ORS 468.005.
(22) 'Person having control over oil' includes but is not
limited to any person using, storing or transporting oil
immediately prior to entry of such oil into the navigable waters
of the state, and shall specifically include carriers and bailees
of such oil.
(23) 'Pipeline' means a facility, including piping,
compressors, pump stations and storage tanks, used to transport
oil between facilities or between facilities and tank vessels.
(24) 'Region of operation' with respect to the holder of a
contingency plan means the area where the operations of the
holder that require a contingency plan are located.
(25) 'Removal costs' means the costs of removal that are
incurred after a discharge of oil has occurred or, in any case in
which there is a substantial threat of a discharge of oil, the
costs to prevent, minimize or mitigate oil pollution from the
incident.
(26) 'Responsible party' has the meaning given under section
1001 of the Oil Pollution Act of 1990 (P.L. 101-380).
(27) 'Ship' means any boat, ship, vessel, barge or other
floating craft of any kind.
Enrolled House Bill 2233 (HB 2233-BCCA) Page 12
(28)(a) 'State on-scene coordinator' means the state official
appointed by the Department of Environmental Quality to represent
the department and the State of Oregon in response to an oil or
hazardous material spill or release or threatened spill or
release and to coordinate cleanup response with state and local
agencies.
(b) For purposes of this subsection:
(A) 'Spill or release' means the discharge, deposit, injection,
dumping, spilling, emitting, releasing, leaking or placing of any
oil or hazardous material into the air or into or on any land or
waters of this state except as authorized by a permit issued
under ORS chapter 454, 459, 459A, 468, 468A, 468B or 469 or ORS
466.005 to 466.385, 466.990 (1) and (2) or 466.992 or federal
law, or except when being stored or used for its intended
purpose.
{ - (B) 'Threatened spill or release' means that oil or
hazardous material is likely to escape or be carried into the air
or into or on any land or waters of this state. - }
{ + (B) 'Threatened spill or release' means oil or hazardous
material is likely to escape or be carried into the air or into
or on any land or waters of the state, including from a ship as
defined in this section that is in imminent danger of
sinking. + }
(29) 'Tank vessel' means a ship that is constructed or adapted
to carry oil in bulk as cargo or cargo residue. 'Tank vessel'
does not include:
(a) A vessel carrying oil in drums, barrels or other packages;
(b) A vessel carrying oil as fuel or stores for that vessel; or
(c) An oil spill response barge or vessel.
(30) 'Worst case spill' means:
(a) In the case of a vessel, a spill of the entire cargo and
fuel of the tank vessel complicated by adverse weather
conditions; and
(b) In the case of an onshore or offshore facility, the largest
foreseeable spill in adverse weather conditions.
SECTION 21. ORS 468B.325 is amended to read:
468B.325. (1) The Director of the Department of Environmental
Quality shall have the power to enter upon any public or private
property, premises { + , ship + } or place for the purpose of
{ + investigating, + } controlling, collecting, removing,
treating, containing or dispersing { + a spill or release or
threatened spill or release of + } oil { + or hazardous
material + } { - which reasonably appears to the director to
threaten imminent and unlawful entry into the waters of the
state, when the person responsible for an oil spill or an owner
of property on which oil has been spilled fails to act to
restrain or to remove the oil - } .
{ + (2) The director may enter upon a ship under this section
based on a threatened spill or release of oil or hazardous
material only if the director has documented facts supporting the
director's belief that the ship represents a threat for the spill
or release of oil or hazardous material. + }
{ - (2) - } { + (3) + } Damages, other than those caused by
the { + spill or release or threatened spill or release of + }
oil { - spill - } { + or hazardous material + }, suffered
from the actions of the director pursuant to subsection (1) of
this section { - shall be - } { + are + } the responsibility
of the state.
SECTION 22. { + The section captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
Enrolled House Bill 2233 (HB 2233-BCCA) Page 13
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
----------
Passed by House March 12, 2013
Repassed by House July 2, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate June 26, 2013
Repassed by Senate July 3, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2233 (HB 2233-BCCA) Page 14
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2233 (HB 2233-BCCA) Page 15
