71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2170
 
                           A-Engrossed
 
                         Senate Bill 212
                 Ordered by the Senate April 25
           Including Senate Amendments dated April 25
 
Sponsored by Senator MESSERLE (at the request of Oregonians in
  Action)
 
 
                             SUMMARY
 
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. It is an editor's
brief statement of the essential features of the measure.
 
    { - Establishes criteria and procedures for identifying
secondary land. Directs counties to identify secondary land.
Directs Department of Land Conservation and Development to
acknowledge county comprehensive plans or land use regulations
that identify secondary land in accordance with criteria. - }
    { - Declares emergency, effective on passage. - }
   { +  Permits land-based application of reclaimed water,
agricultural-industrial process water or biosolids for
agricultural, horticultural or silvicultural production or for
irrigation in connection with use allowed in exclusive farm use
zone if Department of Environmental Quality issues license or
permit.
  Sunsets July 1, 2003. + }
 
                        A BILL FOR AN ACT
Relating to land use.
Be It Enacted by the People of the State of Oregon:
  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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