Bill Text: OR SB1511 | 2012 | Regular Session | Introduced

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Bill Title: Relating to ecosystem services; declaring an emergency.

Spectrum: Unknown

Status: (Failed) 2012-03-05 - In committee upon adjournment. [SB1511 Detail]

Download: Oregon-2012-SB1511-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 157

                        Senate Bill 1511

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Environment and Natural Resources)

                             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.

  Expands state policy relating to ecosystems. Adds ecosystem
services to principles guiding state water quality program and
state fill-removal program.
  Directs Governor's office to facilitate review of state
conservation plans. Directs Institute for Natural Resources to
provide information to specified entities in order to assist in
development of integrated ecosystem services methodologies.
  Authorizes state agencies and local governments to allow use of
credits for ecosystem services as compensatory mitigation.
Specifies circumstances under which state agency may purchase or
receive credits for ecosystem services.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to ecosystem services; creating new provisions; amending
  ORS 196.805, 468.583 and 468B.015; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:

                               { +
STATE POLICY REGARDING ECOSYSTEM SERVICES + }

  SECTION 1. ORS 468.583 is amended to read:
  468.583.  { + (1) + } It is the policy of this state to { + :
  (a) + } Support the maintenance, enhancement and restoration of
ecosystem services throughout Oregon, focusing on the protection
of land, water, air, soil and native flora and fauna  { - . - }
 { + ;
  (b) Favor approaches to compliance with state regulatory
requirements that maintain the integrity of ecosystem services at
the watershed or other appropriate landscape scale;
  (c) Conserve ecosystems in a manner that provides long-term
ecological, economic and social benefits; and
  (d) Provide incentives to private landowners to conserve
ecosystem services.
  (2) State agencies and local governments are encouraged to
adopt and implement programs that use market-based approaches to
conserve or enhance ecosystem services as one approach to meet
conservation, economic and environmental regulatory goals within
the context of existing programs. Such market-based programs
should, to the greatest extent practicable, be designed to:
  (a) Provide an opportunity for added economic return to
agricultural and forest landowners who exercise good stewardship;
  (b) Result in restoration and maintenance jobs that provide
family wages;
  (c) Produce enduring, quality conservation, permitting and
mitigation outcomes that make the greatest ecological difference
by targeting priority areas that contain important resources or
connectivity between existing conservation lands;
  (d) Increase the pace of conservation and habitat restoration;
  (e) Provide disincentives for actions that negatively impact
priority areas and services;
  (f) Produce a positive trend in the recovery of species and
ecosystems that contribute to the full suite of values of
biodiversity and ecosystem services;
  (g) Complement and add value to other conservation strategies
and programs;
  (h) Operate efficiently with low transaction costs; and
  (i) Have clear and predictable rules and provide for
transparent, accountable and credible transactions. + }

                               { +
GOVERNOR'S OFFICE + }

  SECTION 2. { +  (1) Before the end of calendar year 2013, the
Governor's office, with assistance from the Oregon Watershed
Enhancement Board, shall:
  (a) Facilitate a review of relevant local, state, regional and
federal conservation plans that could impact ecosystem services
as defined in ORS 468.581 and propose a process for these plans
to be spatially aligned and coordinated, with a focus on
potential cost savings and efficiencies in the implementation of
the conservation plans.
  (b) Recommend objectives that support the maintenance,
enhancement and restoration of ecosystem services as described in
ORS 468.583.
  (2) The Governor's office shall make information about the
process proposed under subsection (1)(a) of this section, and
information about the recommended objectives developed under
subsection (1)(b) of this section, available to the public on the
website of the Governor's office. + }

                               { +
INSTITUTE FOR NATURAL RESOURCES + }

  SECTION 3.  { + (1) The Institute for Natural Resources created
under ORS 352.239 shall, to the extent practicable, provide
information to local governments, state agencies, federal
agencies, conservation organizations, private landowners and
businesses to assist in the development of public domain
integrated ecosystem services methodologies that:
  (a) Use multiscale modeling applicable to landscape and site
level assessments;
  (b) Address context in terms of value within the broader
ecosystem;
  (c) Are applicable to all land and water types;
  (d) Address water quality, carbon quantity and biodiversity
functions and values;
  (e) Can be applied with low transaction costs;
  (f) Incorporate best available ecological information;
  (g) Are compatible with existing methodologies where
appropriate;
  (h) Are transparent;
  (i) Provide consistent results;
  (j) Quantify ecological values individually and generate an
overall ecosystem integrity score;
  (k) Provide for the monitoring of cumulative effects and
overall program effectiveness; and
  (L) Are flexible enough to allow private landowners to receive
payments for multiple types of ecosystem services.
  (2) The Institute for Natural Resources shall make any
information relevant to integrated ecosystem services assessment
methodologies developed under subsection (1) of this section
available on its website. + }

                               { +
STATE AGENCIES AND LOCAL GOVERNMENTS + }

  SECTION 4.  { + (1) State agencies and local governments may
allow the use of credits for ecosystem services for compensatory
mitigation and water quality credit trading. If credits are used,
state agencies and local governments may ensure that:
  (a) Projects result in a net gain in overall ecosystem
services, with a clear emphasis on the most sensitive resources;
  (b) Long-term ecological viability is considered, and
preference is given to sites with the greatest potential to
endure;
  (c) Mitigation and trading investments are structured for the
protection and enhancement of the priority resources identified
in state and local conservation plans;
  (d) The acquisition of credits for ecosystem services is
allowed in advance of compliance needs;
  (e) Service area boundaries are, to the extent practicable,
flexible enough to capture significant ecological benefits but do
not result in the severe loss of localized ecological function in
favor of restoration in a distant location;
  (f) Ecological assessments for mitigation purposes are, to the
extent practicable, functions-based, where methodologies are
available to quantify ecological functions; and
  (g) Preservation and restoration are both considered
appropriate for mitigation and trading.
  (2)(a) State agencies and local governments are encouraged to
compare cost and consider natural infrastructure as part of, or
in lieu of, new development projects and infrastructure.
  (b) In order to encourage state agencies and local governments
to compare cost and consider natural infrastructure as described
in paragraph (a) of this subsection, the Oregon Watershed
Enhancement Board is encouraged to coordinate with state
agencies, local governments and the private sector to develop
technical assistance tools that support and facilitate the use of
natural infrastructure as part of, or in lieu of, new development
projects and infrastructure.
  (3) State agencies and local governments are encouraged to
participate in public-private partnerships to develop, test and
implement ecosystem services approaches and methodologies.
  (4) State agencies and local governments are encouraged to
coordinate with federal agencies when implementing programs
related to ecosystem services. + }
  SECTION 5.  { + (1) State natural resource agencies, in
implementing their duties and in providing any grants for
conservation purposes, are encouraged, to the greatest extent
practicable, to undertake projects and programs that:
  (a) Are consistent with local or state conservation plans;
  (b) Ensure long-term environmental stewardship;
  (c) Address multiple conservation values, especially resilience
to challenges related to climate change, carbon sequestration,
water quantity and quality and biodiversity;
  (d) Emphasize the protection of high-quality, functioning
ecosystems;

  (e) Focus on restoration where restoration efforts will most
likely be successful;
  (f) Provide incentives to private landowners who voluntarily
implement conservation measures on their property; and
  (g) Are relatively low cost.
  (2) In any documents related to grants for conservation
purposes, state natural resource agencies are encouraged to
specify the circumstances under which ecosystem services may be
sold to third parties. + }
  SECTION 6.  { + A state agency may purchase or receive credits
for ecosystem services:
  (1) To comply with mitigation requirements or advance the
mission of the state agency to achieve ecological outcomes.
  (2) In advance of any mitigation requirements to ensure that
the state agency mitigates the impacts of the agency's
development projects.
  (3) As part of grant or landowner conservation incentive
programs administered by a state agency or as part of voluntary
ecosystem services markets. + }

                               { +
WATER QUALITY + }

  SECTION 7. ORS 468B.015 is amended to read:
  468B.015. Whereas pollution of the waters of the state
constitutes a menace to public health and welfare, creates public
nuisances, is harmful to wildlife, fish and aquatic life and
impairs domestic, agricultural, industrial, recreational and
other legitimate beneficial uses of water, and whereas the
problem of water pollution in this state is closely related to
the problem of water pollution in adjoining states, it is hereby
declared to be the public policy of the state:
  (1) To conserve the waters of the state through innovative
approaches, including but not limited to the appropriate reuse of
water and wastes;
  (2) To protect, maintain and improve the quality of the waters
of the state for public water supplies, for the propagation of
wildlife, fish and aquatic life and for domestic, agricultural,
industrial, municipal, recreational and other legitimate
beneficial uses;
  (3) To provide that no waste be discharged into any waters of
this state without first receiving the necessary treatment or
other corrective action to protect the legitimate beneficial uses
of such waters;
  (4) To provide for the prevention, abatement and control of new
or existing water pollution;   { - and - }
  (5) To cooperate with other agencies of the state, agencies of
other states and the federal government in carrying out these
objectives  { - . - }  { + ; and
  (6) To protect, restore and enhance ecosystem services, as
defined in ORS 468.581, in implementing the provisions of this
chapter. + }

                               { +
FILL-REMOVAL + }

  SECTION 8. ORS 196.805 is amended to read:
  196.805. (1) The protection, conservation and best use of the
water resources of this state are matters of the utmost public
concern. Streams, lakes, bays, estuaries and other bodies of
water in this state, including not only water and materials for
domestic, agricultural and industrial use but also habitats and
spawning areas for fish, avenues for transportation and sites for
commerce and public recreation, are vital to the economy and
well-being of this state and its people. Unregulated removal of
material from the beds and banks of the waters of this state may
create hazards to the health, safety and welfare of the people of
this state. Unregulated filling in the waters of this state for
any purpose, may result in interfering with or injuring public
navigation, fishery and recreational uses of the waters. In order
to provide for the best possible use of the water resources of
this state, it is desirable to centralize authority in the
Director of the Department of State Lands, and implement control
of the removal of material from the beds and banks or filling of
the waters of this state.
  (2)  { + When administering fill and removal statutes, + } the
director shall take into consideration all beneficial uses of
water including  { + protection, restoration and enhancement of
ecosystem services, as defined in ORS 468.581, and + } streambank
protection   { - when administering fill and removal statutes - }
.
  (3) There shall be no condemnation, inverse condemnation, other
taking, or confiscating of property under ORS 196.600 to 196.905
without due process of law.
  (4) The director shall delineate wetlands in accordance with
the United States Army Corps of Engineers Wetlands Delineation
Manual of 1987, or subsequent federal manual as adopted by rule
by the director, and applicable guidance issued by the United
States Army Corps of Engineers for the area in which the wetlands
are located.
  (5) The Department of State Lands shall give priority to the
review of wetland delineation reports submitted with or in
advance of an application for fill or removal of material from
the waters of this state.

                               { +
MISCELLANEOUS + }

  SECTION 9.  { + Sections 3 to 6 of this 2012 Act are added to
and made a part of ORS 468.581 to 468.587. + }
  SECTION 10.  { + The unit captions used in this 2012 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2012 Act. + }

                               { +
EMERGENCY CLAUSE + }

  SECTION 11.  { + This 2012 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2012 Act takes effect on
its passage. + }
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