HB 4100 — Relating to bulk fuel terminals; and declaring an emergency.

83rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session A-EngrossedEnrolled House Bill 4100 Ordered by the House February 16 Including House Amendments dated February 16 Sponsored by Representatives ISADORE, NELSON, Senator REYNOLDS, Representative TRAN, Senator FREDERICK;

Representatives ANDERSEN, EDWARDS, EVANS, GAMBA, GOMBERG, HUDSON, NATHANSON, RIEKE SMITH, WALTERS, Sen-Senators ators MANNING JR, NERON MISSLIN, PHAM K (Presession filed.) SUMMARYCHAPTER 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.

ItAN isACT anRelating editor’sto briefbulk statementfuel ofterminals; the essential features of the measure.

The statement includes a measure digest written in compliance with applicable readability standards.

Digest:

This Act makes owners of bulk oils and liquid fuels terminals show they can cover the costs of oil or fuel spills.

(Flesch Readability Score:

80.6).

Requires owners or operators of bulk oils or liquid fuels terminals to obtain a certificate of fi- nancial responsibility from the Department of Environmental Quality.

Directs the Environmental Quality Commission to establish rules pertaining to certificates of financial responsibility.

Requires the department to report to the Legislative Assembly on the im- plementation of the Act each even-numbered year.

Preempts local governments from requiring financial assurance that exceeds or is in addition to the requirements of the Act.

Declares an emergency, effective on passage.

A BILL FOR AN ACT Relating to bulk fuel terminals;

NOTE:(1) “Certificate of financial responsibility” means a certification issued by the Depart- ment of Environmental Quality that confirms that a bulk oils or liquid fuels terminal has demonstrated the financial ability to cover potential spill-related liabilities.

Matter in boldfaced type in an amended section is new;

matter [italic and bracketed] is existing law to be omitted.

New sections are in boldfaced type.

LC 108 A-Eng.

HB 4100 (1) “Certificate of financial responsibility” means a certification issued by the Depart- ment of Environmental Quality that confirms that a bulk oils or liquid fuels terminal has demonstrated the financial ability to cover potential spill-related liabilities.

or Enrolled House Bill 4100 (HB 4100-B) Page 1 (e) Other evidence of financial responsibility deemed acceptable by the Environmental Quality Commission.

[2](A) A-Eng.Satisfy a test based on the owner’s or operator’s:

HB 4100 (A) Satisfy a test based on the owner’s or operator’s:

Enrolled House Bill 4100 (HB 4100-B) Page 2 (A) A process for verifying a bulk oils or liquid fuels terminal’s evidence of financial as- surance;

(4)(a) Rules adopted under this section may not require a bulk oils or liquid fuels terminaltermi- nal to obtain an amount of financial assurance that is greater than $300 million.

[3](A) A-Eng.Industry stakeholders;

HB 4100 (A) Industry stakeholders;

In adopting rules under section 4 of this 2026 Act, the Environmental Quality Commission shall require that, for a bulk oils or liquid fuels terminal operating in this state Enrolled House Bill 4100 (HB 4100-B) Page 3 on the effective date of this 2026 Act, the initial deadline to apply for a certificate of financial responsibility be no later than March 31, 2027.

A seismic risk mitigation implementation plan must, at a minimum, identify actions, with timelines, to protect public health, life safety and environmental safety within the fa- cility, in areas adjacent to the facility and in other areas that may be affected as a result of damagesdam- ages to the facility.

A seismic risk mitigation implementation plan, as a risk-based assessment, must in-include clude consideration of the likelihood of a magnitude 9.0 Cascadia Subduction Zone earthquake, the potential consequences of that event and the resources needed to respond to that event.

(b) Provisions for training, response exercises, external peer reviews, inspections and tests in order to verify the ability of the facility to sustain safe conditions and respond to uncontrolled re- [4]leases A-Eng.of hazardous materials from the bulk oils or liquid fuels terminal due to an earthquake.

HB 4100 leases of hazardous materials from the bulk oils or liquid fuels terminal due to an earthquake.

Enrolled House Bill 4100 (HB 4100-B) Page 4 (k) Provisions establishing grants or other financial assistance to owners or operators of bulk oils or liquid fuels terminals for improvements to existing infrastructure, provided that federal funds are made available to the department for that purpose.

and [5](b) A-Eng.Providing grants or other financial assistance to owners or operators of bulk oils or liquid fuels terminals under ORS 468B.513 (2)(k).

HB 4100 (b) Providing grants or other financial assistance to owners or operators of bulk oils or liquid fuels terminals under ORS 468B.513 (2)(k).

Notwithstanding any other law limiting expenditures, the limitation on ex- penditures established by section 2 (3), chapter 426, Oregon Laws 2025, for the biennium ending June 30, 2027, as the maximum limit for payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, the proceeds of bonds for the Orphan Site Account and federal funds from congestion mitigation and air quality grants, drinking water protection, laboratory accreditation and woodstove grants and for smoke monitoring labo- ratory services, but excluding lottery funds and federal funds not described in section 2, chapter 426, Oregon Laws 2025, collected or received by the Department of Environmental Quality, for land quality, is increased by $175,162, to carry out sections 2 to 8 of this 2026 Act and the amendments to ORS 468B.513 and 468B.525 by sections 9 and 10 of this 2026 Act.

SECTION 12.

[6]Enrolled House Bill 4100 (HB 4100-B) Page 5 Passed by House March 5, 2026 Received by Governor:

........................M.,........................................................., 2026 ..................................................................................

Timothy G.