Bill Text: OR HB3602 | 2010 | 1st Special Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the loss of licenses by hydroelectric projects; and declaring an emergency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-03-18 - Chapter 63, (2010 Laws): Effective date March 18, 2010. [HB3602 Detail]

Download: Oregon-2010-HB3602-Amended.html

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     75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session

HA to HB 3602

LC 30/HB 3602-3

                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3602

              By COMMITTEE ON ENVIRONMENT AND WATER

                           February 12

  On page 1 of the printed bill, line 2, after the first
semicolon delete the rest of the line.
  In line 3, delete '543.300 and 543.440;'.
  Delete lines 5 through 30 and delete pages 2 and 3 and insert:
  '  { +  SECTION 1. + }  { + (1) Notwithstanding ORS 543.440,
and subject to subsections (2) and (3) of this section, a license
issued for a project under ORS 543.010 to 543.610 shall continue
in effect following a transfer of the license, rights or property
of the project to a county if:
  ' (a) The project is located in the Umatilla Basin;
  ' (b) The transfer of the license, rights or property is to
Umatilla County;
  ' (c) The transfer occurred through the foreclosure of a tax
lien; and
  ' (d) The transfer occurred on or before January 1, 2010.
  ' (2) The license for a project described in subsection (1) of
this section, and any water right that is included in the
license, shall terminate:
  ' (a) Upon Umatilla County commencing to operate the project
for purposes of hydroelectric generation;
  ' (b) Two years after transfer of the license, rights or
property of the project to Umatilla County, unless the county has
transferred all county-held licenses, rights and property of the
project to a new owner that is unaffiliated with the county; or
  ' (c) If a new owner of the project fails to comply with
subsection (3) of this section prior to operating the project.
  ' (3) If a project is transferred as described in subsection
(2)(b) of this section:
  ' (a) The project license authorizing the use of water by the
project for hydroelectric purposes, and any water right included
in the license, is subordinate in priority to any in-stream water
right for which a water right certificate is issued on or before
the effective date of this 2010 Act.
  ' (b) Prior to the new owner operating the project, the Water
Resources Department shall modify the conditions of the license,
and of any water right included in the license, to include an
implementation plan for fish passage and fish screening approved
by the State Department of Fish and Wildlife as described in
paragraph (c) of this subsection.
  ' (c) The new owner of the project shall develop an
implementation plan for fish passage and fish screening for the
project. The implementation plan shall identify project repairs
or modifications necessary for the project to meet the fish
passage and fish screening criteria of the State Department of
Fish and Wildlife. The new owner shall submit the plan to the
State Department of Fish and Wildlife for approval. The
department shall consult with the Confederated Tribes of the
Umatilla Indian Reservation before approving or disapproving a
submitted plan.  Upon approval of a plan by the State Department
of Fish and Wildlife, the department shall notify the Water
Resources Department to incorporate the approved plan as a
condition of the project license and of any water right included
in the license.
  ' (d) An implementation plan may contain provisions allowing
the new owner to operate the project while project repairs or
modifications are in progress. An implementation plan shall
include, but need not be limited to, the following:
  ' (A) Provisions for the protection of salmonids and lamprey.
  ' (B) Interim measures identified by the State Department of
Fish and Wildlife to reduce entrainment and improve fish passage.
The implementation plan shall require that the new owner install
the interim measures prior to the new owner operating the
project.
  ' (C) A schedule for making repairs or modifications that
provides for all of the repairs and modifications to be completed
no later than four years after the project resumes operation.
  ' (D) Provisions for monitoring, reporting and site access to
the extent the State Department of Fish and Wildlife considers
necessary to ensure compliance with the implementation plan.
  ' (E) Procedures for immediately addressing significant fish
mortality, or significant delay in fish passage, resulting from
project operations. The procedures shall include, at a minimum,
provisions for giving notice to the State Department of Fish and
Wildlife and Water Resources Department, and for suspending
project operations until the cause of the mortality or delay is
identified and remedied.
  ' (4) Notwithstanding any provision of a license, certificate,
permit or water right, a water right that is included in the
license of a project described in subsection (1) of this section
is not subject to termination based upon a failure to make
beneficial use of water:
  ' (a) During the period of any legal proceeding for the
foreclosure of a tax lien;
  ' (b) During a period, not exceeding two years, in which
Umatilla County owns the project; or
  ' (c) During a period, not exceeding five years following
transfer of the license, rights or property of the project from
Umatilla County to a new owner, if the new owner is actively
engaged in:
  ' (A) Attempting to obtain government authorization for
operation of the project; or
  ' (B) Attempting to install interim measures to reduce
entrainment and improve fish passage under an implementation
plan.
  ' (5) If the water right that is included in the license of a
project described in subsection (1) of this section is terminated
based upon a failure to make beneficial use of water, the Water
Resources Department shall convert the water right to an
in-stream water right as provided under ORS 543A.305.
  ' (6) Subject to subsections (1) to (4) of this section, a new
owner that acquires a license, right or property of a project
described in subsection (1) of this section following Umatilla
County ownership of the license, right or property is considered
a successor or assignee of an original licensee for purposes of
ORS 543.440. + }
  '  { +  SECTION 2. + }  { + Section 1 of this 2010 Act is
repealed on January 2, 2018. The repeal of section 1 of this 2010
Act does not terminate or alter the status, terms or conditions
of any license, right, property, certificate, permit, water right
or other authorization in effect immediately prior to the repeal
of section 1 of this 2010 Act. + }
  '  { +  SECTION 3. + }  { + This 2010 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2010 Act
takes effect on its passage. + } ' .
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