Oregon Ports Try an End Run around Environmental Laws

HB 3382 passed from Committee to the House floor as of June 1, 2023.  There are to be 3 readings of the bill on the floor prior to a vote being taken.  The final reading will take place on Thursday, June 8 - at which time a vote will be taken.

Oregon House — HB 3382 — would exempt all the state’s deep water ports (has been amended to only allow Coos Bay's port) from normal land-use scrutiny processes. The bill would apply to a navigation channel deeper than 30 feet (the Coos Bay estuary has a 37-foot-deep navigation channel).

The proposed bill states: “Notwithstanding contrary provisions of state and local land use law, without demonstrating compliance with state and local land use law and without taking an exception under ORS 197.732, ports specified . . . may construct, maintain and improve deep draft navigation channel improvements, including docks and similar berthing facilities.” It specifically exempts the ports from an array of land use and environmental protection laws, including ORS chapters 197 (comprehensive land use coordination), 215 (county planning and zoning), and 227 (city planning and zoning).

The Jordan Cove project was defeated primarily by subjecting the project to scrutiny under Oregon’s environmental protection laws, including water quality, wetland removal and fill, dredging, etc., as well as by reference to federal laws such as the Clean Water Act and Coastal Zone Management Act. If passed, this new bill would sweep away many of the required steps to ensure that any major infrastructure project at the Port of Coos Bay was safe and environmentally friendly.

It is believed that this bill was introduced specifically to clear the way for the Port of Coos Bay to pursue projects such as the container port facility as well as offshore wind, which requires extensive on-land supportive infrastructure. It represents an attempt by the Oregon Public Ports Association to free itself from all but economic considerations when contemplating a project. 

For reasons why passage of this bill would be problematic for the fisheries and the estuary ecosystem of Coos Bay, please review the findings of the League’s Port Study committee here: https://www.youtube.com/watch?v=4US0zWEjK4A.

Highlights of HB 3382

For more information, contact Kay Kerriden, President LWVCC at the phone number or email address listed below.