Bill Text: OR HB3086 | 2013 | Regular Session | Enrolled
Bill Title: Relating to sage grouse; appropriating money; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2013-08-01 - Chapter 710, (2013 Laws): Effective date August 1, 2013. [HB3086 Detail]
Download: Oregon-2013-HB3086-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 3086
Sponsored by COMMITTEE ON AGRICULTURE AND NATURAL RESOURCES
CHAPTER ................
AN ACT
Relating to sage grouse; appropriating money; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) To assist persons with meeting the
requirements of this state and local and federal governments
concerning the mitigation of the adverse effects that a proposed
action may have on core area habitat of sage grouse, the State
Department of Fish and Wildlife, after consultation with
interested local and tribal governments, state and federal
agencies and private organizations, may develop and administer a
uniform policy for mitigating the adverse effects that the
proposed actions may have on core area habitat of sage grouse.
(2) If the department develops a mitigation policy under this
section, the policy may include:
(a) Provisions for the recognition or establishment of
mitigation banks; and
(b) Any other framework, criteria or goals developed to
facilitate the mitigation of the adverse effects that a proposed
action may have on core area habitat of sage grouse in a manner
that ensures a landscape approach to the conservation of sage
grouse.
(3) If the department develops a mitigation policy under this
section, the policy must:
(a) Provide that the department review, at least once every
five years, the mapping by the department of core area habitat of
sage grouse and revise the mapping, if necessary, to account for
any new and substantial biological information; and
(b) Ensure that any use of a mitigation bank or other
mitigation framework provided for under the policy does not
result in a net loss of either the quality or quantity of sage
grouse habitat and provides a net benefit to the quality or
quantity of sage grouse habitat.
(4) If the department develops a mitigation policy under this
section for the purpose of benefiting sage grouse as a result of
a listing as a sensitive, threatened or endangered species under
ORS 496.171 to 496.182, or a listing as a candidate, threatened
or endangered species pursuant to the federal Endangered Species
Act of 1973 (P.L. 93-205, 16 U.S.C. 1531 et seq.), the policy
shall ensure, to the greatest extent practicable, that any use of
land, water or other natural resources occurring in a habitat
identified as part of a mitigation bank or other mitigation
framework developed under the policy may continue after the
Enrolled House Bill 3086 (HB 3086-B) Page 1
department identifies the habitat as part of a mitigation bank or
other mitigation framework.
(5)(a) Subsections (1) to (4) of this section do not affect the
ability of a person to develop a proposal under section 2 of this
2013 Act for off-site mitigation or a mitigation bank in order to
meet the requirements of this state and local and federal
governments concerning the mitigation of the adverse effects that
a proposed action by the person may have on core area habitat of
sage grouse.
(b) Any proposal for off-site mitigation or a mitigation bank
developed under this section and section 2 of this 2013 Act must
not result in a net loss of either the quality or quantity of
sage grouse habitat and must provide a net benefit to the quality
or quantity of sage grouse habitat. + }
SECTION 2. { + (1) Subject to and consistent with the federal
Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531 et
seq.) and notwithstanding any provision of ORS 496.171 to
496.182:
(a) If a person applies for a permit, license, authorization or
other form of permission required by law from a state agency for
a proposed action that may affect core area habitat of sage
grouse, the person may file with the State Department of Fish and
Wildlife, at any time before or after the commencement of the
relevant permitting, licensing, authorization or other form of
permission process, a report that uses the best scientific and
commercial data available to provide a description of the
proposed action and its possible effects on the habitat.
(b) The report described in this section must describe the core
area habitat of sage grouse affected by the proposed action,
specify whether the habitat is essential and irreplaceable and
provide proposals for off-site mitigation or a mitigation bank.
(c)(A) Within 60 days after the filing of the report described
in this section, the department shall evaluate whether the
proposals specified in the report result in a net loss of either
the quality or quantity of sage grouse habitat and provide a net
benefit to the quality or quantity of sage grouse habitat.
(B)(i) If the department concludes that the proposals specified
in the report do not result in a net loss of either the quality
or quantity of sage grouse habitat and do provide a net benefit
to the quality or quantity of sage grouse habitat, the department
shall issue an order finding that the core area habitat of sage
grouse affected by the proposed action is not irreplaceable. The
department may not thereafter reverse or modify the order except
pursuant to a judgment of a court.
(ii) If the department concludes that the proposals specified
in the report result in a net loss of either the quality or
quantity of sage grouse habitat and do not provide a net benefit
to the quality or quantity of sage grouse habitat, a person
affected by the action may request a contested case hearing
before the State Fish and Wildlife Commission, to be conducted as
provided in ORS chapter 183.
(2) The provisions of this section apply to a site certificate
for an energy facility described in ORS 469.300 (11)(a)(F), but
do not apply to a site certificate for any other facility under
the provisions of ORS 469.300 to 469.563.
(3) The commission may adopt rules to carry out the provisions
of this section. + }
SECTION 3. { + (1) Except as provided in subsection (2) of
this section, sections 1 and 2 of this 2013 Act become operative
on January 1, 2014.
Enrolled House Bill 3086 (HB 3086-B) Page 2
(2) The State Fish and Wildlife Commission may adopt rules or
take any other action before the operative date specified in
subsection (1) of this section that is necessary to implement, on
and after the operative date specified in subsection (1) of this
section, sections 1 and 2 of this 2013 Act. + }
SECTION 4. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the State Department of
Fish and Wildlife, for the biennium beginning July 1, 2013, out
of the General Fund, the amount of $500,000, which may be
expended for the purposes of carrying out the duties of the
department under sections 1 to 3 of this 2013 Act. + }
SECTION 5. { + 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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Passed by House July 3, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate July 6, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3086 (HB 3086-B) Page 3
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 3086 (HB 3086-B) Page 4
