2017 ORS 274.064¹
Portland Harbor Cleanup Fund

(1) The Portland Harbor Cleanup Fund is established in the State Treasury, separate and distinct from the General Fund. The Portland Harbor Cleanup Fund consists of moneys deposited in the fund under section 10, chapter 748, Oregon Laws 2017, and may include moneys appropriated, allocated, deposited or transferred to the fund by the Legislative Assembly or otherwise and interest earned on moneys in the fund.

(2) Moneys in the fund are continuously appropriated to the Department of State Lands for disbursement for the purposes set forth in section 10, chapter 748, Oregon Laws 2017.

(3) Nothing in this section or section 10, chapter 748, Oregon Laws 2017, waives or limits the department’s ability to recover, by way of insurance, cost recovery, contribution, or claim or action relating to or arising out of the Portland Harbor Superfund Site, moneys from other parties, including claims for costs incurred by the department. In no event shall anything in this section or section 10, chapter 748, Oregon Laws 2017, be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the United States Constitution or otherwise. [2017 c.748 §11]

Note: 274.064 (Portland Harbor Cleanup Fund) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 274 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Note: Section 10, chapter 748, Oregon Laws 2017, provides:

Sec. 10. (1) For the biennium beginning July 1, 2017, at the request of the Oregon Department of Administrative Services, after the department consults with the Department of State Lands, the State Treasurer is authorized to issue lottery bonds pursuant to ORS 286A.560 (Definitions for ORS 286A.560 to 286A.585 and 327.700 to 327.711) to 286A.585 (Lottery bonds for community sports facilities) in an amount that produces $3 million in net proceeds and interest earnings for the purposes described in subsection (2) of this section, plus an additional amount estimated by the State Treasurer to be necessary to pay bond-related costs.

(2) Net proceeds of lottery bonds issued under this section in an amount sufficient to provide $3 million in net proceeds and interest earnings must be transferred to the Department of State Lands for deposit in the Portland Harbor Cleanup Fund, established in section 11 of this 2017 Act [274.064 (Portland Harbor Cleanup Fund)], to provide financial assistance to the department for coordination and participation in any contracts or agreements relating to or arising out of the Portland Harbor Superfund Site. The purposes of the contracts or agreements may include, but are not limited to:

(a) Investigation necessary to characterize existing baseline conditions throughout the Portland Harbor Superfund Site, as well as conditions upstream and downstream that may be impacting the Portland Harbor Superfund Site;

(b) Investigation of key sediment management areas to update the extent of areas of higher contamination in the Portland Harbor Superfund Site;

(c) Investigation of potential infrastructure needs related to contaminated sediments in the Portland Harbor Superfund Site;

(d) Development and administration of a comprehensive data management system for the Portland Harbor Superfund Site;

(e) Satisfaction of some or all of the department’s obligations under any administrative settlement or administrative order on consent in connection with the Portland Harbor Superfund Site; and

(f) Work required by the United States Environmental Protection Agency in connection with the Portland Harbor Superfund Site.

(3) In executing contracts for the work described in subsection (2) of this section, the Department of State Lands shall, when practicable, contract with regional contractors employing individuals from communities disproportionately impacted by contamination in the Portland Harbor.

(4) The Legislative Assembly finds that the use of lottery bond proceeds will create jobs, further economic development, finance public education or restore and protect parks, beaches, watersheds and native fish and wildlife, and is authorized based on the following findings:

(a) Having healthy ecosystems supports Oregon’s economic growth and restores watersheds and habitat for native fish.

(b) The future cleanup of the Portland Harbor will enhance community efforts to facilitate and promote economic growth. [2017 c.748 §10]

Chapter 274

Atty. Gen. Opinions

Power of Depart­ment of Environ­mental Quality to regulate mining activities and recovery of oil and geothermal activities, (1972) Vol 35, p 1100; Division of State Lands’ authority to require lease or fill or removal permit for private company dredging submerged offshore lands to harvest clams, (1979) Vol 40, p 35; State Land Board’s authority to delegate duties to Port of Portland, (1979) Vol 40, p 111

Law Review Cita­tions

4 EL 343, 346, 348 (1974)

1 Legislative Counsel Committee, CHAPTER 274—Submersible and Submerged Lands, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors274.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 274, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano274.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.