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 3123
 
                         Senate Bill 903
 
Sponsored by Senator GEORGE (at the request of Don Fell)
 
 
                             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 as
introduced.
 
  Creates task force to conduct or sponsor research to address
possession of hazardous substances, including mercury waste.
Requires Department of Environmental Quality to allocate money to
task force from moneys appropriated to its budget for biennium
beginning July 1, 2001.
  Sunsets December 31, 2003.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to mercury waste; appropriating money; and declaring an
  emergency.
  Whereas mercury is a known hazardous substance that poses a
threat to the public health and safety and to the environment;
and
  Whereas mercury is believed to cause many health problems
including Parkinson's disease, Alzheimer's disease and multiple
sclerosis; and
  Whereas Oregon is reported to rank first in the nation in cases
of Parkinson's disease and third in the nation for cases of
Alzheimer's disease; and
  Whereas the Department of Environmental Quality has cited the
disposal, by Oregon business and government, of several million
lamps as possibly the largest source of mercury in the solid
waste stream; and
  Whereas the mercury in lamps that are broken, incinerated and
placed into a landfill can contaminate surface water, ground
water and the air; and
  Whereas if persons possessing hazardous substances are
untrained or unaware of proper handling techniques, the
possession of hazardous substances may result in toxic or
hazardous pollutants entering the air and waters of this state;
and
  Whereas the possession of hazardous substances is not limited
to those persons who use such substances in the ordinary course
of business, but also includes individuals who use hazardous
substances for ordinary household uses; and
  Whereas development of information on hazardous substances for
educational purposes and scientific research on hazardous
substances is essential for addressing the risks of hazardous
substances; now, therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) There is created the Task Force on
Environmental Health of Oregon Citizens consisting of nine
members as follows:
  (a) Six members shall be appointed jointly by the President of
the Senate and the Speaker of the House of Representatives and
shall include:
  (A) One member who represents soil and water conservation
districts;
  (B) One member who has a background in materials science; and
  (C) Four members from the general public who have broad
backgrounds that represent interest groups and public and private
organizations concerned about the health of the people of Oregon
or from the Legislative Assembly who have expressed interest in
hazardous substances.
  (b) Three members shall be appointed by the Governor and shall
include:
  (A) One member from the Health Division of the Department of
Human Services;
  (B) One member from the Oregon Health Sciences University with
background or experience in the health effects of hazardous
substances; and
  (C) One member representing the Economic and Community
Development Department.
  (2) The task force shall:
  (a) Compile information useful in determining the feasibility
and practicability of alternate methods of gathering solid waste
containing mercury, removing mercury contamination from the waste
stream and reducing the negative health impact of mercury waste
on Oregon's citizens.
  (b) Develop information for educational purposes on the risks
associated with and proper handling of hazardous substances,
including but not limited to mercury waste.
  (c) Contract for a researcher to conduct a materials study
project. The researcher shall research methods to treat solid
waste containing mercury, including a method that can chemically
reclassify the waste. The researcher shall also examine the
predicted lifetime for by-product stability. The research shall
be conducted in conjunction with an institution or institutions
of higher education that have proper research facilities and
equipment for the project. The researcher shall report to the
task force with findings detailing methods and processes to
chemically treat mercury waste.
  (d) File a report with the Seventy-second Legislative Assembly
and the Governor containing findings and recommendations
regarding methods to significantly reduce the level of mercury in
the waste stream.
  (3) The Department of Environmental Quality shall provide staff
necessary for the performance of the functions of the task force.
  (4) Members of the task force are entitled to compensation and
expenses under ORS 292.495. Claims for expenses incurred in
performing functions of the task force shall be paid out of funds
available for that purpose.
  (5) All agencies, departments and officers of this state are
directed to assist the task force in the performance of its
functions and to furnish such information and advice as the
members of the task force consider necessary to perform their
functions.
  (6) Official action by the task force established pursuant to
this section shall require the approval of a majority of the
members. All legislation recommended by official action of the
task force must indicate that it is introduced at the request of
the task force. Such legislation shall be prepared in time for
presession filing pursuant to ORS 171.130, for presentation to
the regular session of the Seventy-second Legislative
Assembly. + }
 
  SECTION 2.  { + The Department of Environmental Quality shall
allocate $400,000 to the Task Force on Environmental Health of
Oregon Citizens for the purposes of section 1 of this 2001 Act
from moneys appropriated to it by the Legislative Assembly for
the biennium beginning July 1, 2001. + }
  SECTION 3.  { + The Department of Environmental Quality may
accept contributions of funds from the United States, its
agencies or from any other source, public or private, and agree
to conditions thereon not inconsistent with the purposes of the
task force. + }
  SECTION 4.  { + The Task Force on Environmental Health of
Oregon Citizens Account is created within the General Fund. The
account shall consist of moneys received by the Department of
Environmental Quality under section 3 of this 2001 Act. Moneys
credited to the account are continuously appropriated to the
Department of Environmental Quality for the purposes of section 1
of this 2001 Act. + }
  SECTION 5. { +  Sections 1 to 4 of this 2001 Act are repealed
on December 31, 2003. + }
  SECTION 6.  { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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