Bill Text: OR HB3268 | 2013 | Regular Session | Introduced

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Bill Title: Relating to mitigation; declaring an emergency.

Spectrum: Partisan Bill (Republican 13-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3268 Detail]

Download: Oregon-2013-HB3268-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 1036

                         House Bill 3268

Sponsored by Representative BENTZ; Representatives CAMERON,
  ESQUIVEL, FREEMAN, HICKS, HUFFMAN, JENSON, JOHNSON, KRIEGER,
  OLSON, SMITH, SPRENGER, WHITSETT

                             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.

  Prohibits state natural resource agencies from spending more
than $50,000 that is received by agency as compensatory
mitigation payment until agency reports on costs and benefits of
proposed expenditure. Specifies required contents of report.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to mitigation; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section:
  (a) 'Compensatory mitigation payment' means a payment of moneys
made by a person to a natural resource agency to create, restore,
enhance or preserve the functions and values of the natural
resources of this state to compensate for the adverse effects of
project development or other activities on the natural resources
of this state, or to resolve violations of law.
  (b) 'Natural resource agency' means the Department of
Environmental Quality, the State Department of Agriculture, the
Water Resources Department, the State Department of Fish and
Wildlife, the State Forestry Department, the Department of State
Lands, the State Department of Geology and Mineral Industries,
the Department of Land Conservation and Development, the State
Marine Board, the Public Utility Commission, the Department of
Transportation and the Oregon Watershed Enhancement Board.
  (2) Except as otherwise provided by federal law, before a
natural resource agency spends an amount exceeding $50,000 that
the agency has received as a compensatory mitigation payment, the
agency shall prepare a written report regarding the proposed
expenditure and publish the report on the agency's website. The
report shall describe:
  (a) The extent to which the proposed expenditure would achieve
the maximum mitigation benefit;
  (b) The negative statewide and local economic impacts of the
proposed expenditure;
  (c) The statewide and local economic benefits of the proposed
expenditure;
  (d) Any other benefits or harms that might result from the
proposed expenditure; and

  (e) Other potential uses of the compensatory mitigation payment
that the agency considered.
  (3) A natural resource agency may not spend moneys described in
subsection (2) of this section until 30 days after the date that
the agency publishes the report described in subsection (2) of
this section on the agency's website. + }
  SECTION 2.  { + Section 1 of this 2013 Act applies to
expenditures made by a natural resource agency 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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