71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2154
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for State Department of Agriculture)
CHAPTER ................
AN ACT
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;
Enrolled House Bill 2154 (HB 2154-INTRO) Page 1
{ - (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;
(c) Employ personnel to carry out the duties assigned to it;
and
(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.
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Enrolled House Bill 2154 (HB 2154-INTRO) Page 2
Passed by House February 5, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate February 27, 2001
...........................................................
President of Senate
Enrolled House Bill 2154 (HB 2154-INTRO) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2154 (HB 2154-INTRO) Page 4