71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to SB 212
LC 2170/SB 212-1
SENATE AMENDMENTS TO
SENATE BILL 212
By COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON, AND WATER
April 25
On page 1 of the printed bill, line 2, delete '; and declaring
an emergency'.
Delete lines 4 through 30 and delete page 2 and insert:
' { + SECTION 1. + } { + (1) In addition to the uses
permitted in an exclusive farm use zone under ORS 215.213 and
215.283 and subject to a license or permit issued by the
Department of Environmental Quality under ORS 454.695, 459.205 or
468B.050 or rules adopted under ORS 468B.095, the land-based
application of reclaimed water, agricultural-industrial process
water or biosolids for agricultural, horticultural or
silvicultural production or for irrigation in connection with a
use allowed in an exclusive farm use zone under ORS chapter 215
may be established subject to the requirements of this section.
' (2) A use allowed under this section:
' (a) Does not require approval or siting under the provisions
of ORS 215.213, 215.275, 215.283 or 215.296; and
' (b) Shall be allowed if the Department of Environmental
Quality determines, in conjunction with the department's review
of a license, permit or approval, that the application rates and
site management practices for the land-based application ensure
continued agricultural, horticultural or silvicultural production
and do not reduce the productivity of the tract.
' (3) The use of a tract of land on which land-based
application of reclaimed water, agricultural-industrial process
water or biosolids has occurred under this section may not be
changed to allow a different use unless:
' (a) The tract is included within an acknowledged urban growth
boundary;
' (b) The tract is rezoned to a zone other than an exclusive
farm use zone;
' (c) The different use of the tract is farm use as defined in
ORS 215.203; or
' (d) The different use of the tract is a use allowed under ORS
215.213 (1)(c), (e) to (g), (k), (m) to (r), (t) to (v), (y),
(aa) or (bb); ORS 215.213 (2)(a) to (c), (i), (m) or (p) to (r);
ORS 215.283 (1)(c), (e), (f), (k) to (p), (r) to (t), (v), (x) or
(y); or ORS 215.283 (2)(a), (i), (k) or (o) to (r).
' (4) The uses allowed under this section include:
' (a) The treatment of reclaimed water, agricultural-industrial
process water or biosolids that occurs as a result of land-based
application;
' (b) The establishment of facilities, including buildings,
equipment, aerated and nonaerated water impoundments and pumps
and irrigation equipment, that are accessory to and necessary for
the land-based application to occur on the subject tract;
' (c) The establishment of facilities, including buildings and
equipment that are not on the tract on which land-based
application occurs, for the transport of reclaimed water,
agricultural-industrial process water or biosolids to the tract
on which land-based application occurs if the facilities are
located within:
' (A) A public right of way; or
' (B) Other land if written consent is obtained from the
landowners and the owners of the facilities comply with ORS
215.275 (4); or
' (d) The transport by vehicle of reclaimed water or
agricultural-industrial process water to a tract on which the
water will be applied to the land.
' (5) Uses not allowed under this section include:
' (a) The establishment of facilities, including buildings or
equipment, for the treatment of reclaimed water,
agricultural-industrial water or biosolids other than those
treatment facilities related to the treatment that occurs as a
result of the land-based application; or
' (b) The establishment of utility facility service lines
allowed under ORS 215.213 (1)(bb) or 215.283 (1)(y). + }
{ + ' SECTION 2. + } { + If biosolids are transported by
vehicle to a tract on which the biosolids will be applied under a
license or permit issued by the Department of Environmental
Quality under ORS 454.695, 459.205 or 468B.050 or rules adopted
under ORS 468B.095, the transport and the land-based application
are allowed outright, and a state or local government permit or
approval is not a land use decision. + }
' { + SECTION 3. + } { + Notwithstanding ORS 215.263, the
governing body of a county or its designee may not approve a
proposed division of land in an exclusive farm use zone for the
land-based application of reclaimed water,
agricultural-industrial process water or biosolids described in
sections 1 or 2 of this 2001 Act. + }
' { + SECTION 4. + } { + The State Department of
Agriculture, the Department of Environmental Quality, the
Department of Land Conservation and Development and the Health
Division of the Department of Human Services, in conjunction with
local governments and other interested parties, shall jointly
report to the Seventy-second Legislative Assembly on the
implementation of sections 1 to 3 of this 2001 Act not later than
February 1, 2003. The report shall include an inventory of the
number, type, acreage, location and zoning of existing operations
applying reclaimed water, agricultural-industrial process water
or biosolids to tracts of land in Oregon. The inventory shall
include the methods of transport for the reclaimed water,
agricultural-industrial process water or biosolids, the soil
types of the lands involved, the agricultural, horticultural or
silvicultural products grown and the effects on nearby farm and
forest operations. The report shall also evaluate the adequacy
and enforcement of the land use regulations applied by state and
local governments and the standards applied under a license or
permit issued by the Department of Environmental Quality under
ORS 454.695, 459.205 or 468B.050 or rules adopted under ORS
468B.095. The report may also include other matters the agencies
or interested parties consider pertinent to the purposes of the
report. Prior to submittal of the report, the agencies shall
distribute the report and take public testimony on it. + }
{ + ' SECTION 5. + } { + This 2001 Act is repealed July 1,
2003. + } ' .
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