Bill Text: OR SB838 | 2013 | Regular Session | Engrossed

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

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Bill Title: Relating to mining; appropriating money; and declaring an emergency.

Spectrum: Committee Bill

Status: (Passed) 2013-08-21 - Effective date, August 14, 2013. [SB838 Detail]

Download: Oregon-2013-SB838-Engrossed.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

SA to A-Eng. SB 838

LC 3772/SB 838-A10

                      SENATE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 838

              By JOINT COMMITTEE ON WAYS AND MEANS

                             July 1

  On page 1 of the printed A-engrossed bill, line 2, after '
517.123;' insert 'appropriating money; limiting expenditures;'.
  Delete lines 4 through 20.
  Delete lines 22 through 27 and delete pages 2 and 3 and insert:
  '  { +  SECTION 1. + }  { + The Legislative Assembly finds
that:
  ' (1) Prospecting, small scale mining and recreational mining
are part of the unique heritage of the State of Oregon.
  ' (2) Prospecting, small scale mining and recreational mining
provide economic benefits to the State of Oregon and local
communities and support tourism, small businesses and
recreational opportunities, all of which are economic drivers in
Oregon's rural communities.
  ' (3) Exploration of potential mine sites is necessary to
discover the minerals that underlie the surface and inherently
involves natural resource disturbance.
  ' (4) Mining that uses motorized equipment in the beds and
banks of the rivers of Oregon can pose significant risks to
Oregon's natural resources, including fish and other wildlife,
riparian areas, water quality, the investments of this state in
habitat enhancement and areas of cultural significance to Indian
tribes.
  ' (5) Between 2007 and 2013, mining that uses motorized
equipment in the beds and banks of the rivers of Oregon increased
significantly, raising concerns about the cumulative
environmental impacts.
  ' (6) The regulatory system related to mining that uses
motorized equipment in the beds and banks of the rivers of Oregon
should be efficient and structured to best protect environmental
values. + }
  '  { +  SECTION 2. + }  { + (1) A moratorium is imposed until
January 2, 2021, on mining that uses any form of motorized
equipment for the purpose of extracting gold, silver or any other
precious metal from placer deposits of the beds or banks of the
waters of this state, as defined in ORS 196.800, or from other
placer deposits, that results in the removal or disturbance of
streamside vegetation in a manner that may impact water quality.
The moratorium applies up to the line of ordinary high water, as
defined in ORS 274.005, and 100 yards upland perpendicular to the
line of ordinary high water that is located above the lowest
extent of the spawning habitat in any river and tributary thereof
in this state containing essential indigenous anadromous salmonid
habitat, as defined in ORS 196.810, or naturally reproducing
populations of bull trout, except in areas that do not support
populations of anadromous salmonids or natural reproducing
populations of bull trout due to a naturally occurring or
lawfully placed physical barrier to fish passage.
  ' (2) The moratorium does not apply to any mining for which the
State Department of Geology and Mineral Industries issues an
operating permit under ORS 517.702 to 517.989.
  ' (3) In areas where the moratorium does not apply as described
in subsection (1) of this section, the Department of State Lands
shall limit the individual permits issued under ORS 196.810 and
the general authorizations issued under ORS 196.850 to not more
than 850 permits and authorizations for mining described in this
section at any time during the moratorium period. The Department
of State Lands shall give priority, to the greatest extent
practicable, to persons who held permits or authorizations for
the longest period of time before January 1, 2014.
  ' (4) Any maps developed by the State Department of Fish and
Wildlife, or any other state agency, that delineate the area of
the moratorium established by subsection (1) of this section are
not subject to the rulemaking requirements of ORS chapter 183.
  ' (5) Violation of the moratorium established by subsection (1)
of this section is a Class A misdemeanor. + }
  '  { +  SECTION 3. + }  { + Section 2 of this 2013 Act becomes
operative on January 2, 2016. + }
  '  { +  SECTION 4. + }  { + Sections 2 and 3 of this 2013 Act
are repealed on January 2, 2021. + }
  '  { +  SECTION 5. + }  { +  (1) On and after January 1, 2014,
and before January 2, 2016, mining that uses any form of
motorized equipment for the purpose of extracting gold, silver or
any other precious metal from placer deposits of the beds or
banks of the waters of this state, as defined in ORS 196.800, or
from other placer deposits, that results in the removal or
disturbance of streamside vegetation in a manner that may impact
water quality, is subject to the following:
  ' (a) The motorized dredge equipment must be operated at least
500 feet from other motorized dredge equipment, unless the
Department of Environmental Quality determines that another
distance is appropriate to protect water quality.
  ' (b) The motorized equipment may not be left unattended within
the wetted perimeter of any waters of this state.
  ' (c) The motorized equipment may be operated only between the
hours of 9 a.m. and 5 p.m.
  ' (2) The provisions of subsection (1) of this section apply to
mining that occurs up to the line of ordinary high water, as
defined in ORS 274.005, and 100 yards upland perpendicular to the
line of ordinary high water of the full length of any river and
tributary thereof in this state, of which any portion contains
essential indigenous anadromous salmonid habitat, as defined in
ORS 196.810, or naturally reproducing populations of bull trout.
  ' (3) The provisions of subsection (1) of this section do not
apply to any mining for which the State Department of Geology and
Mineral Industries issues an operating permit under ORS 517.702
to 517.989.
  ' (4) During the period described in this section, the
Department of State Lands shall limit the individual permits
issued under ORS 196.810 and the general authorizations issued
under ORS 196.850 to not more than 850 permits and authorizations
for mining described in this section at any time during the
period described in this section. The Department of State Lands
shall give priority, to the greatest extent practicable, to
persons who held permits or authorizations for the longest period
of time before January 1, 2014.
  ' (5) Violation of any provision of this section is a Class A
violation. + }
  '  { +  SECTION 6. + }  { + (1) Section 5 of this 2013 Act
becomes operative on January 1, 2014.
  ' (2) Section 5 of this 2013 Act applies without regard to
whether the permits, licenses, authorizations or other forms of
permission required by law for mining were issued before, on or
after January 1, 2014. + }
  '  { +  SECTION 7. + }  { +  (1) Sections 5 and 6 of this 2013
Act are repealed on January 2, 2016.

  ' (2) The repeal of sections 5 and 6 of this 2013 Act by
subsection (1) of this section does not affect any fine imposed
under section 5 of this 2013 Act. + }
  '  { +  SECTION 8. + }  { + (1) The Governor's office, in
consultation with the Department of Environmental Quality, the
Department of State Lands, the State Parks and Recreation
Department, the State Department of Fish and Wildlife, the State
Department of Geology and Mineral Industries, the Oregon State
Police and other relevant state agencies, the federal government,
the federally recognized Indian tribes in Oregon and affected
stakeholders shall study matters related to mining that uses any
form of motorized equipment for the purpose of extracting gold,
silver or any other precious metal from placer deposits of the
beds or banks of the waters of this state, as defined in ORS
196.800, or from other placer deposits, and matters related to
the removal or disturbance of streamside vegetation resulting
from the mining activities, and shall propose a revised state
regulatory framework that includes, but is not limited to:
  ' (a) A consolidated regulatory process for mining described in
this section, including a system that:
  ' (A) Involves permits, licenses, authorizations or other forms
of permission that must be displayed in plain view and be clearly
visible on the motorized equipment in order to aid in the
identification of persons carrying out mining activities; and
  ' (B) Considers a single permit or a single point of contact
approach to authorization.
  ' (b) Effective compliance, monitoring and enforcement
mechanisms related to mining described in this section.
  ' (c) Adequate fee structures to cover administration,
compliance, monitoring, enforcement, outreach and education
related to any permit, license, authorization or other form of
permission required by law from a state agency for mining
described in this section or for discharges from mining described
in this section, including ways to maximize the efficiency in the
use of existing state resources.
  ' (d) Conditions for, and restrictions on, mining described in
this section, to the extent allowed by law and based on the best
available science and precautionary principles, designed to:
  ' (A) Protect and recover in-stream and riparian habitat that
is important to achieve water quality standards and the
conservation and recovery of indigenous anadromous salmonids, as
defined in ORS 196.810, and naturally reproducing populations of
bull trout; and
  ' (B) Address social considerations, including concerns related
to safety, noise, navigation, cultural resources and other uses
of waterways.
  ' (e) The establishment of a system of management zones, to the
extent allowed by law, that:
  ' (A) Limits, either by lottery or by other mechanism, the
amount of mining activity that uses motorized equipment in the
management zones at specific times and cumulatively over time
periods;
  ' (B) Requires the payment of a fee, as part of the fee
structures described in paragraph (c) of this subsection, for
mining described in this section in the management zones; and
  ' (C) Establishes specific conditions and restrictions, as
described in paragraph (d) of this subsection, for the respective
management zones.
  ' (f) Prohibitions on mining described in this section in
specific areas of this state, to the extent allowed by law,
including:
  ' (A) Bodies of water currently listed as water quality
impaired under the Federal Water Pollution Control Act for
sediment, turbidity, toxics or heavy metals;
  ' (B) Bodies of water within federally designated wilderness
areas, national monuments and national botanical areas;
  ' (C) Scenic waterways in this state designated under ORS
390.826 and bodies of water flowing through state parks; and
  ' (D) Habitat that is essential to the recovery and
conservation of salmon, steelhead, lamprey, freshwater mollusks
or other unique habitat values, unless protection for this
habitat may be otherwise achieved pursuant to paragraphs (d) and
(e) of this subsection.
  ' (2) The Governor's office shall submit a report with the
results of the proposed regulatory framework, and shall include
recommendations for any necessary legislation and funding, to the
interim committees of the Legislative Assembly related to
environment and natural resources or other appropriate
legislative committee on or before November 1, 2014. The
Governor's office may also include any recommendations for
proposed rules related to the revised regulatory framework in the
report. + }
  '  { +  SECTION 9. + }  { + Section 8 of this 2013 Act is
repealed on January 2, 2016. + }
  '  { +  SECTION 10. + } ORS 517.123 is amended to read:
  ' 517.123. The Legislative Assembly finds that prospecting,
small scale mining and recreational mining:
  ' (1) Are important parts of the heritage of the State of
Oregon;  { + and + }
  ' (2) Provide economic benefits to the state and local
communities { + . + }  { - ; and - }
  '  { - (3) Can be conducted in a manner that is not harmful and
may be beneficial to fish habitat and fish propagation. - }
  '  { +  SECTION 11. + } ORS 468B.052 is amended to read:
  ' 468B.052. { +  (1) + }   { - Notwithstanding the authority
of - }   { + Unless + } the Environmental Quality
Commission { + , as + } provided in ORS 468.065   { - to
establish a schedule of - }  { + , establishes different + } fees
for permits issued under ORS 468B.050   { - and in lieu of any
fee established under the schedule of fees - } , a person who
operates a suction dredge having a suction hose with an inside
diameter of eight inches or less shall, upon application for or
renewal of a permit issued under 468B.050, pay to the Department
of Environmental Quality:
  '  { - (1) - }   { + (a) + } For an individual permit:
  '  { - (a) - }   { + (A) + } A one-time application fee of
$300; and
  '  { - (b) - }   { + (B) + } An annual renewal fee of $25.
  '  { - (2) - }   { + (b) + } For a general permit, either:
  '  { - (a) - }   { + (A) + } A $25 annual fee for each year the
person registers under the general permit; or
  '  { - (b) - }   { + (B) + } A $100 fee for a five-year
registration under the general permit.
  '  { +  (2)(a) In addition to the fees described in subsection
(1) of this section, by rule the commission may establish an
additional fee for a permit issued under ORS 468B.050 for a
person to operate a suction dredge described in this section. The
fee must be adequate to cover the costs of administration,
compliance, monitoring and enforcement related to the permit.
  ' (b) After a fee is established by the commission pursuant to
this subsection, the fee is subject to the limitations on
increases imposed by ORS 468B.051. + }
  '  { +  SECTION 12. + }  { + In addition to the fees described
in ORS 468B.052, from October 1, 2013, to December 31, 2015, a
surcharge of $150 is imposed on any permits issued under ORS
468B.050 for a person who operates a suction dredge as described
in ORS 468B.052.  The surcharge must be used to fund data
collection and reporting on suction dredge mining in Oregon by
the Department of Environmental Quality. The data referred to in
this section includes, but is not limited to, data on the
locations and number of suction dredge operations, the types and
sizes of suction dredges and the physical impacts from suction
dredge mining.  Amounts collected as surcharges under this
section shall be deposited in the Suction Dredge Study Fund
established under section 13 of this 2013 Act. + }
  '  { +  SECTION 13. + }  { + The Suction Dredge Study Fund is
established in the State Treasury, separate and distinct from the
General Fund.  Interest earned by the Suction Dredge Study Fund
shall be credited to the fund. Moneys in the fund are
continuously appropriated to the Department of Environmental
Quality to carry out the duties of the department described in
section 12 of this 2013 Act. + }
  '  { +  SECTION 14. + }  { +  Notwithstanding any other law
limiting expenditures, the amount of $141,837 is established for
the biennium beginning July 1, 2013, as the maximum limit for
payment of expenses, from moneys deposited in the Suction Dredge
Study Fund, incurred by the Department of Environmental Quality
in carrying out the duties of the department described in section
12 of this 2013 Act. + }
  '  { +  SECTION 15. + }  { + 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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