OAR 141-140-0090: Insurance and Bond

(1) The Department may require the holder of a temporary use authorization or lessees to obtain liability insurance in specified amounts if the use, in the opinion of the Department, constitutes a risk to other uses of the ocean or the ocean shore, to public safety or to the State of Oregon, or if required by Oregon state law. The Department may require that the State of Oregon be named as an additional insured party in any such policy. (2) The Department: (a) Shall determine the coverages and amounts of the insurance the holder of a temporary use authorization and lessees must obtain based on the nature and location of the use, any requirements of law, and any other unique factors of the proposed use determined to be relevant by the Department, and (b) May consult with the Risk Management Division of the Oregon Department of Administrative Services to determine the amount of insurance coverage required. (3) The Department may, at its discretion, require that the holder of a temporary use authorization or lessee obtain a surety or bid bond in an amount specified by the Department (or a cash deposit which has the equivalent face or cash-in value as the surety bond and which names the State of Oregon as co-owner) or as required by Oregon state law to secure performance of all terms and conditions of a temporary use authorization or an ocean energy facility lease.