Bill Text: OR SB607 | 2013 | Regular Session | Introduced

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Bill Title: Relating to wave energy; declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB607 Detail]

Download: Oregon-2013-SB607-Introduced.html

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     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 2857

                         Senate Bill 607

Sponsored by Senator ROBLAN

                             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.

  Specifies circumstances related to issuance of certain
authorizations for wave energy facilities and devices.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to wave energy; creating new provisions; amending ORS
  274.867; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 274.867 is amended to read:
  274.867. (1) In accordance with applicable provisions of ORS
chapter 183, the Director of the Department of State Lands may
adopt rules for the authorization of wave energy facilities or
devices.
   { +  (2) When the comprehensive plan of a county and land use
regulations implementing the plan contain provisions specifically
addressing wave energy facilities or devices, and a person
submits an application to the county for a permit under ORS
215.402 to 215.438 to establish and operate a wave energy
facility or device in Oregon's territorial sea, as defined in ORS
196.405, the director may issue the authorization for the wave
energy facility or device under subsection (1) of this section
either:
  (a) Conditioned upon the subsequent issuance by the county of
the permit for the wave energy facility or device; or
  (b) Only after the county has approved or denied the
application for a permit for the wave energy facility or
device. + }
    { - (2) - }   { + (3) + } Unless exempted under rules adopted
by the director under this section, an owner or operator of a
facility or device sited within Oregon's territorial sea  { - ,
as defined in ORS 196.405, - }  that converts the kinetic energy
of waves into electricity shall maintain cost estimates of the
amount of financial assurance that is necessary, and demonstrate
evidence of financial assurance, for:
  (a) The costs of closure and post-closure maintenance,
excluding the removal of anchors that lie beneath submerged lands
in Oregon's territorial sea, of the facility or device; and
  (b) Any corrective action required to be taken at the site of
the facility or device.
    { - (3) - }   { + (4) + } The financial assurance
requirements established by subsection   { - (2) - }
 { + (3) + } of this section may be satisfied by any one or a
combination of the following:
  (a) Insurance;
  (b) Establishment of a trust fund;
  (c) A surety bond;
  (d) A letter of credit;
  (e) Qualification as a self-insurer; or
  (f) Any other method set forth in rules adopted by the
director.
    { - (4) - }   { + (5) + } In adopting rules to implement the
provisions of this section, the director may specify policy or
other contractual terms, conditions or defenses necessary to
establish evidence of financial assurance.
    { - (5)(a) - }   { + (6)(a) + } The owner or operator of a
facility or device described in subsection   { - (2) - }
 { + (3) + } of this section must provide the evidence of
financial assurance required under this section for closure,
post-closure maintenance and corrective action at the time
operation of the facility or device is authorized.
  (b) By January 31 of each subsequent calendar year, the owner
or operator of the facility or device must update the information
required under this subsection with the Department of State
Lands.
    { - (6) - }   { + (7) + } When financial assurance is
required for corrective action at the site of a facility or
device described in subsection
  { - (2) - }   { + (3) + } of this section, the owner or
operator shall provide evidence of financial assurance before
beginning corrective action.
    { - (7) - }   { + (8) + } An owner or operator required to
provide financial assurance under this section shall establish
provisions satisfactory to the director for disposing of any
excess moneys received or interest earned on moneys received for
financial assurance.
  SECTION 2.  { + The amendments to ORS 274.867 by section 1 of
this 2013 Act apply to all wave energy facilities and devices for
which an application for authorization is made to the Department
of State Lands 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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