Bill Text: OR SB26 | 2013 | Regular Session | Enrolled

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Bill Title: Relating to the distribution of funds by the State Marine Board.

Sponsorship: Unknown

Status: (Passed) 2013-05-24 - Effective date, January 1, 2014. [SB26 Detail]

Download: Oregon-2013-SB26-Enrolled.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         Senate Bill 26

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 Governor John A. Kitzhaber,
  M.D., for State Marine Board)

                     CHAPTER ................

                             AN ACT

Relating to the distribution of funds by the State Marine Board;
  amending ORS 830.137 and 830.150.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 830.137 is amended to read:
  830.137.  { + (1) + } In addition to the powers and duties
otherwise provided in this chapter, the State Marine Board shall
have the power and duty to make grants from funds received
through the Clean Vessel Act of 1992, 16 U.S.C. 777c   { - and g
(1994), P. L. No.  102-587, - }  { +  and 777g, P.L. 102-587, and
through the Boating Infrastructure Grant Program, as established
by the Sportfishing and Boating Safety Act of 1998, 16 U.S.C.
777g-1, P.L. 105-178, + } to eligible public agencies as provided
in ORS 830.150. In addition, these funds may be distributed to
eligible private marina or moorage facilities that are open and
available for public use for the construction and operation of
boat waste collection facilities.
   { +  (2) + }   { - The board shall give first priority for - }
 { +  In + } distributing funds from the Clean Vessel Act  { + of
1992, the board shall give first priority + } to public boating
facilities. Distribution of funds  { +  from the Clean Vessel Act
of 1992 + } shall be made on the basis of need as that need
appears to the board.
  SECTION 2. ORS 830.150 is amended to read:
  830.150. (1) Amounts remaining in the Boating Safety, Law
Enforcement and Facility Account in excess of funds obligated
under ORS 830.140 (2) shall be distributed, upon application, to
 { + a federal agency, + } the state, a city, county, water
improvement district, park and recreation district or a port.
Distribution shall be made on the basis of need for a facility as
that need appears to the State Marine Board.
  (2)(a) In distributing funds under subsection (1) of this
section, the board shall give first priority to applications for
facilities designed to control water pollution or otherwise
enhance water quality, including but not limited to pumping
stations for recreational boat holding tanks, and to those other
facilities for which there appears the greatest public need.
  (b) Subject to paragraph (a) of this subsection, the board may
distribute funds for:

Enrolled Senate Bill 26 (SB 26-INTRO)                      Page 1

  (A) Construction and maintenance of boating facilities, for the
acquisition of property therefor, and other related facilities
such as parking, potable water, sanitation and other facilities
for the convenience of the public using the boating facilities;
and
  (B) Removal of derelict structures floating upon and abandoned
dock or boat mooring facilities situated in, upon or over the
waters of this state if such structures or facilities constitute
a hazard to boating upon such waters.
  (3) Prior to making any distribution of funds under this
section, the board shall hold a public hearing in the area where
a facility is to be constructed or land acquired if in the
judgment of the board, use of the facility would stimulate
significant change in the character of the recreational use of
the waters.
  (4) The board shall make no distribution of funds under this
section for construction or acquisition if in the judgment of the
board the applicant has not included in the construction or
acquisition plans adequate provision for protecting the quality
of the waters affected by the plans. The board's denial of any
application under this subsection must include specific notice to
the applicant of the point or points of the plan that are found
by the board to be inadequate.
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Passed by Senate February 26, 2013

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House May 9, 2013

    .............................................................
                                     Tina Kotek, Speaker of House

Enrolled Senate Bill 26 (SB 26-INTRO)                      Page 2

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 Senate Bill 26 (SB 26-INTRO)                      Page 3