Bill Text: OR SB360 | 2013 | Regular Session | Introduced

Oregon Senate Bill 360 (Prior Session Legislation)

Bill Title: Relating to fish supportive measures for hydroelectric projects located in artificial delivery systems; declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB360 Detail]

Download: Oregon-2013-SB360-Introduced.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 2002

                         Senate Bill 360

Sponsored by Senator JOHNSON (at the request of City of Astoria)
  (Presession filed.)

                             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.

  Creates whole or partial exemption from additional requirements
for fish screens, by-pass devices or fish passages for
hydroelectric projects proposed for construction in preexisting
artificial delivery systems partially or entirely within Astoria
city limits or partially or entirely on property owned in whole
or in part by City of Astoria.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to fish supportive measures for hydroelectric projects
  located in artificial delivery systems; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) Notwithstanding ORS 509.585 (4) and (6), a
person who owns or operates an existing artificial delivery
system that is partially or entirely within the city limits of
Astoria or partially or entirely on property that is owned in
whole or in part by the City of Astoria may obtain department
approval for a hydroelectric project described in subsection (2)
of this section without submitting a proposal for fish passage to
the State Department of Fish and Wildlife and without applying
for a waiver under ORS 509.585 (7). The person may construct and
operate a hydroelectric project described in subsection (2) of
this section using the same fish passage facilities or
alternatives that would apply to the artificial delivery system
if the hydroelectric project did not exist.
  (2) Notwithstanding ORS 543.765 (5)(a), except as provided in
subsection (5) of this section, a certificate issued under ORS
543.765 for a proposed hydroelectric project may not require the
installation of fish screens, by-pass devices and fish passages
if the project, as described in the application:
  (a) Is to be located in a preexisting artificial delivery
system that is partially or entirely within the city limits of
Astoria or partially or entirely on property that is owned in
whole or in part by the City of Astoria; and
  (b) Will not create a change in stream conditions that
adversely affects fish at the point of the diversion for the
artificial delivery system.
  (3) For a hydroelectric project described in subsection (4) of
this section, the terms and conditions of a final order under ORS
509.585 (6) may not impose fish screen, by-pass device or fish
passage requirements that exceed the limitation on fish screen,
by-pass device and fish passage requirements described in
subsection (4) of this section for a hydroelectric certificate
issued under ORS 543.765.
  (4)(a) Notwithstanding ORS 543.765 (5)(a), except as provided
in subsection (5) of this section, a certificate issued under ORS
543.765 for a proposed hydroelectric project may require the
installation of fish screens, by-pass devices and fish passages
as provided in paragraph (b) of this subsection if the project,
as described in the application:
  (A) Is to be located in a preexisting artificial delivery
system that is partially or entirely within the city limits of
Astoria or partially or entirely on property that is owned in
whole or in part by the City of Astoria; and
  (B) Will create a change in stream conditions that adversely
affects fish at the point of diversion for the artificial
delivery system.
  (b) A certificate issued under ORS 543.765 may require the
installation of fish screens, by-pass devices and fish passages
at a proposed hydroelectric project described in paragraph (a) of
this subsection only to the extent necessary to offset the
adverse effect at the point of diversion for the artificial
delivery system that will directly result from the hydroelectric
project
  (5) Subsections (2) and (4) of this section do not cancel or
reduce any requirement regarding fish screens, by-pass devices or
fish passages that would apply to a point of diversion or
artificial delivery system in the absence of a hydroelectric
project. + }
  SECTION 2.  { + Section 1 of this 2013 Act applies to
hydroelectric projects for which an application for a
hydroelectric certificate under ORS 543.765 is filed with the
Water Resources Department on or after the effective date of this
2013 Act. + }
  SECTION 3.  { + 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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