Chapter 70 Oregon Laws 2001

AN ACT

HB 2154

Relating to alternatives to field burning; amending ORS 468A.550, 468A.585 and 468A.590.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 468A.550 is amended to read:

468A.550. (1) As used in ORS 468A.555 to 468A.620 and 468A.992:

(a) “Research and development of alternatives to field burning” includes, but is not limited to, projects concerned with cultural practices for producing grass seed without field burning, environmental impacts of alternative seed production methods, straw marketing and utilization and alternative crops.

[(1)] (b) “Smoke management” means the daily control of the conducting of open field burning to such times and places and in such amounts so as to provide for the escape of smoke and particulate matter therefrom into the atmosphere with minimal intrusion into cities and minimal impact on public health and in such a manner that under existing meteorological conditions a maximum number of acres registered can be burned in a minimum number of days without substantial impairment of air quality.

[(2)] (c) “Smoke management program” means a plan or system for smoke management. A smoke management program shall include, but not be limited to, provisions for:

[(a)] (A) Annual inventorying and registering, prior to the burning season, of agricultural fields for open field burning;

[(b)] (B) Preparation and issuance of open field burning permits by affected governmental agencies;

[(c)] (C) Gathering and disseminating regional and sectional meteorological conditions on a daily or hourly basis;

[(d)] (D) Scheduling times, places and amounts of agricultural fields that may be open burned daily or hourly, based on meteorological conditions during the burning season;

[(e)] (E) Conducting surveillance and gathering and disseminating information on a daily or more frequent basis;

[(f)] (F) Effective communications between affected personnel during the burning season; and

[(g)] (G) Employment of personnel to conduct the program.

[(3)] (2) As used in this section, “open field burning” does not include propane flaming of mint stubble or stack or pile burning of residue from Christmas trees, as defined in ORS 571.505.

SECTION 2. ORS 468A.585 is amended to read:

468A.585. (1) The Environmental Quality Commission shall enter into a memorandum of understanding with the State Department of Agriculture that provides for the State Department of Agriculture to operate all of the field burning program.

(2) Subject to the terms of the memorandum of understanding required by subsection (1) of this section, the State Department of Agriculture:

(a) May perform any function of the Environmental Quality Commission or the Department of Environmental Quality relating to the operation and enforcement of the field burning smoke management program.

(b) May enter onto and inspect, at any reasonable time, the premises of any person conducting an open field burn to ascertain compliance with a statute, rule, standard or permit condition relating to the field burning smoke management program.

(c) May conduct a program for the research and development of alternatives to field burning.

SECTION 3. ORS 468A.590 is amended to read:

468A.590. Pursuant to the memorandum of understanding established under ORS 468A.585, the State Department of Agriculture:

(1) Shall:

(a) Conduct the smoke management program established by rule by the Environmental Quality Commission as it pertains to open field burning, propane flaming and stack or pile burning.

(b) Aid fire districts and permit agents in carrying out their responsibilities for administering field sanitization programs.

(c) Subject to available funding, conduct a program for the research and development of alternatives to field burning.

(2) May:

(a) Enter into contracts with public and private agencies to carry out the purposes set forth in subsection (1) of this section;

(b) Obtain patents in the name of the State of Oregon and assign such rights therein as the State Department of Agriculture considers appropriate;

(d) Sell and dispose of all surplus property of the State Department of Agriculture related to smoke management, including but not limited to straw-based products produced or manufactured by the State Department of Agriculture.

Approved by the Governor April 10, 2001

Filed in the office of Secretary of State April 10, 2001

Effective date January 1, 2002

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