Chapter 213
AN ACT
HB 2973
Relating to forest smoke management; amending ORS 477.013, 477.554,
477.558, 477.560 and 477.562; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. ORS 477.013 is amended to read:
477.013. (1) For the
purpose of maintaining air quality, the State Forester and the Department of
Environmental Quality shall approve a plan for the purpose of managing smoke in
areas they shall designate. The plan shall delineate [restricted] regulated areas to which this [subsection] section applies. The
plan shall also include but not be limited to considerations of weather, volume
of material to be burned, distance of the burning from designated areas,
burning techniques and provisions for cessation of further burning under
adverse air quality conditions. All burning permitted within the [restricted] regulated areas shall
be according to the plan. The plan shall be developed by the State Forestry
Department in cooperation with federal and state agencies, landowners and
organizations that will be affected by the plan. The approved plan shall be
filed with the Secretary of State and may thereafter be amended in the same
manner as its formation.
(2) The State Forester
shall promulgate rules to carry out the provisions of the smoke management plan
approved under this [subsection] section.
SECTION 2. ORS 477.554 is amended to read:
477.554. (1) With the
advice and assistance of the advisory committee established under ORS 477.556,
and subject to the review of the State Board of Forestry, the State Forester
shall adopt and implement programs for meeting the objectives set forth in ORS
477.013 and 477.552 to 477.562. The programs shall include:
(a) Collection, analysis
and distribution of information regarding prescribed burning and other
alternative [slash] fuel
management techniques;
(b) Assistance to
landowners wanting to evaluate alternative burning and nonburning [slash] fuel management strategies
and the collection of data regarding fuel conditions existing before and after
[slash] treatment;
(c) Aerial monitoring of
prescribed burning activity;
(d) Distribution of
information to the Department of Environmental Quality on progress toward
meeting federal and state air quality standards; [and]
(e) Establishment of a
system to track forest burning on a geographically specific basis[.]; and
(f) Collection, analysis
and distribution of information regarding emissions from wildfires for
comparison with prescribed burning.
(2) The programs shall
be administered by the State Forestry Department.
SECTION 3. ORS 477.558 is amended to read:
477.558. The advisory
committee created under ORS 477.556 shall:
(1) Advise the State
Forestry Department in collecting information about prescribed burning
operations; and
(2) Advise the State
Forestry Department on the collection, analysis and distribution of information
required under ORS 477.554[; and]
[(3) Review and comment on the report required under ORS 477.560].
SECTION 4. ORS 477.560 is amended to read:
477.560. (1) The Oregon
Forest Smoke Management Account is established separate and distinct from the
General Fund in the State Treasury.
(2) The following moneys
shall be credited to the Oregon Forest Smoke Management Account:
(a) Nonrefundable
registration fees received by the State Forestry Department for Class 1
forestland under ORS 526.324 to be burned [lying
within the restricted area described under ORS 477.013] west of the
summit of the Cascade Mountains, not including
(b) Fees received by the
State Forester for Class 1 forestland under ORS 526.324 treated by a
prescription burn method under ORS 477.515 (1) west of the summit of the
Cascade Mountains, not including Hood River County.
(c) Fees for federal
forestland included within the [restricted]
regulated area under ORS 477.013 to be treated by any prescription burn
method subject to the provisions of the State of
(3) The moneys in the
Oregon Forest Smoke Management Account are appropriated continuously for and
shall be used by the State Forester exclusively for the administration of the
smoke management program approved under ORS 477.013 and 477.554.
SECTION 5. ORS 477.562 is amended to read:
477.562. (1) The State
Forestry Department shall collect a nonrefundable registration fee for Class
1 forestland under ORS 526.324 to be burned [lying within the restricted area described under ORS 477.013. However,
the State Forester, by rule, shall provide an exemption from payment of the fee
for burning of understory materials that occurs on forestland for which
regular, periodic burning of understory materials is required for forest
health.] west of the summit of the Cascade
Mountains, not including
(2) Any owner of Class 1
forestland under ORS 526.324 and any agency managing Class 1 forestland under
ORS 526.324 lying within the [restricted]
regulated area as described in the plan required under ORS 477.013 shall
register with the State Forester, in accordance with rules adopted by the State
Forester, the number of acres to be burned prior to December 31 of the same
year.
(3) The State Forester
shall establish by rule the amount of fees to be collected under this section.
The fees [shall] may not
exceed:
(a)
Fifty cents per acre for registration.
(b) $5 per acre for
forestland classified as Class 1 under ORS 526.324 that has been treated by any
prescription burn method authorized by the issuance of a permit under ORS
477.515 (1).
(4) Federal lands
included within the [restricted] regulated
area under the provision of the smoke management plan approved under ORS
477.013 shall also be subject to the fees authorized under subsection (3) of
this section for forestland to be treated by any prescription burn method
subject to the provisions of the State of Oregon Clean Air Act Implementation
Plan and the federal Clean Air Act.
(5) The State
Forester may establish a minimum fee per billing, combining the fees in
subsections (1) and (3) of this section. The combined minimum fee may not
exceed $30.
(6) In order to
efficiently collect fees established by this section, the State Forester is
authorized to enter into contracts or agreements with a federal land management
agency, a person or a public body as defined in ORS 174.109. Such a contract or
agreement may provide for payment methods such as estimated annual payments
with periodic adjustment to ensure the recovery of actual fees due, or semiannual or quarterly consolidated billings.
[(5)] (7) Notwithstanding ORS 291.238, moneys collected under
this section shall be deposited in the Oregon Forest Smoke Management Account
established under ORS 477.560.
SECTION 6. This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency is declared
to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor May 30, 2007
Filed in the office of Secretary of State May 31, 2007
Effective date May 30, 2007
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