Chapter 799
AN ACT
SB 235
Relating to air quality; creating new provisions; amending ORS
468A.020, 468A.550 and 561.400; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. Section 2 of this 2007 Act is added to and
made a part of ORS chapter 468A.
SECTION 2. (1) The Environmental Quality Commission and
the State Department of Agriculture shall enter into a memorandum of
understanding that addresses the administration and enforcement of air quality
laws contained in this chapter that apply to agricultural operations and
equipment. The terms of the memorandum of understanding must be consistent with
the obligations of this state under the federal Clean Air Act (P.L. 88-206 as
amended) and the purposes described in ORS 468A.305. Subject to the terms of
the memorandum of understanding and to oversight by the Department of
Environmental Quality, the State Department of Agriculture may perform any
function of the Department of Environmental Quality under this chapter that
relates to air quality, including but not limited to
the issuance of permits, establishment of fees, entry and inspection of
premises and the assessment of civil penalties.
(2) The Environmental
Quality Commission and the State Department of Agriculture shall consider the
following when entering into a memorandum of understanding under subsection (1)
of this section:
(a) Cooperation with
private and public entities associated with agriculture in program research,
development and implementation.
(b) Program flexibility.
(c) The use of voluntary
measures, including education, demonstration projects and incentives, if
practicable and reasonably expected to be effective in helping to carry out
regulatory requirements.
(d) The diverse nature
of agricultural operations and the importance of, and public interest in, the
agricultural production of food, fiber and other products.
(e) The desirability of
having the State Department of Agriculture serve as the lead agency responsible
for the administration of programs relating to agriculture.
(f) The importance of,
and public interest in, the protection of human health and the environment,
including the protection of natural resources in special areas of the state
designated for their outstanding scenery and historical and cultural
importance.
(3) In adopting rules
subject to the memorandum of understanding required by subsection (1) of this
section, the Environmental Quality Commission and the State Department of
Agriculture shall consult with each other.
SECTION 3. (1) There is created the Task Force on Dairy
Air Quality, consisting of 15 members appointed as follows:
(a) The President of the
Senate shall appoint two members from among members of the Senate.
(b) The Speaker of the
House of Representatives shall appoint two members from among members of the
House of Representatives.
(c) The Director of the
Department of Environmental Quality shall appoint one representative from the
Department of Environmental Quality.
(d) The Director of
Agriculture shall appoint one representative from the State Department of
Agriculture.
(e) The Director of
Human Services shall appoint one representative from the Department of Human
Services having expertise in public health.
(f) The Governor shall appoint
three representatives from the dairy industry.
(g) The Governor shall
appoint three representatives from environmental and public interest
organizations.
(h) The Governor shall
appoint two representatives from institutions of higher education listed in ORS
352.002 having expertise in science and technology relevant to air emissions
generated by dairy operations.
(2) The task force
shall:
(a) Study the emission
of air contaminants from dairy operations, including but not limited to
emissions regulated under the federal Clean Air Act;
(b) Study available data
on the emission of air contaminants, including but not limited to the United
States Environmental Protection Agency national air study of animal feeding
operations; and
(c) Evaluate available
alternatives for reducing emissions, taking into consideration:
(A) The diverse nature
and economic viability of dairies and the economic contribution dairies make to
the state economy;
(B) The impact that
federal Clean Air Act regulations have, and that actions to address air
emissions would have, on Oregon’s dairies in Pacific Northwest markets;
(C) The protection of
human health, the environment and scenic and cultural resources;
(D) The impact of
available alternatives on other environmental media, energy and the cost of
producing dairy products; and
(E) The feasibility of
implementation.
(3) To assist the task
force in its work, the task force may establish technical or advisory
committees as the task force considers necessary. The task force may determine
committee representation, duration and organization and may appoint the
members. Committee members who are not members of the task force are not
entitled to compensation or reimbursement of expenses.
(4) A majority of the
members of the task force constitutes a quorum for the transaction of business.
(5) Official action by
the task force requires the approval of a majority of the members of the task
force.
(6) The task force shall
elect one of its members to serve as chairperson.
(7) If there is a
vacancy for any cause, the appointing authority shall make an appointment to
become immediately effective.
(8) The task force shall
meet at times and places specified by the call of the chairperson or of a
majority of the members of the task force.
(9) The task force may
adopt rules necessary for the operation of the task force.
(10) The task force
shall present its findings and recommendations to the Department of
Environmental Quality and the State Department of Agriculture no later than
July 1, 2008. The findings and recommendations may include, but need not be
limited to, findings and recommendations for technical studies, voluntary
actions, regulation and proposed legislation.
(11) The Department of
Environmental Quality and the State Department of Agriculture shall jointly
report on dairy air quality to an interim committee related to agriculture or
natural resources no later than October 1, 2008. The report shall include any
recommendations of the departments for proposed legislation to reduce the
emission of air contaminants by dairies.
(12) The Department of
Environmental Quality and the State Department of Agriculture shall provide
staff support to the task force.
(13) Members of the task
force who are not members of the Legislative Assembly are not entitled to
compensation, but may be reimbursed for actual and necessary travel and other
expenses incurred by them in the performance of their official duties in the
manner and amounts provided for in ORS 292.495. Claims for expenses incurred in
performing functions of the task force shall be paid out of funds appropriated
to the Department of Environmental Quality and the State Department of
Agriculture for that purpose.
(14) All agencies of
state government, as defined in ORS 174.111, are directed to assist the task
force in the performance of its duties and, to the extent permitted by laws
relating to confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their duties.
SECTION 4. ORS 468A.020 is amended to read:
468A.020. [(1) Except as provided in this section and
in ORS 476.380 and 478.960, the air pollution laws contained in ORS chapters
468, 468A and 468B do not apply to:]
[(a) Agricultural operations and the growing or harvesting of crops and
the raising of fowls or animals, except field burning which shall be subject to
regulation pursuant to ORS 468.140, 468.150, 468A.555 to 468A.620 and 468A.992
and this section;]
[(b) Use of equipment in agricultural operations in the growth of crops
or the raising of fowls or animals, except field burning which shall be subject
to regulation pursuant to ORS 468.140, 468.150, 468A.555 to 468A.620 and
468A.992 and this section;]
(1) Except as
provided in subsection (2) of this section, the air quality laws contained in
ORS chapters 468, 468A and 468B do not apply to:
(a) Agricultural
operations, including but not limited to:
(A) Growing or
harvesting crops;
(B) Raising fowl or
animals;
(C) Clearing or grading
agricultural land;
(D) Propagating and
raising nursery stock;
(E) Propane flaming of
mint stubble; and
(F) Stack or pile
burning of residue from Christmas trees, as defined in ORS 571.505, during the
period beginning October 1 and ending May 31 of the following year.
(b) Equipment used in
agricultural operations, except boilers used in connection with propagating and
raising nursery stock.
(c) Barbecue equipment
used in connection with any residence.[;]
[(d) Agricultural land clearing operations or land grading;]
[(e)] (d) Heating equipment in or used in connection with
residences used exclusively as dwellings for not more than four families,
except woodstoves which shall be subject to regulation under this section, ORS
468A.460 to 468A.480, 468A.490 and 468A.515.[;]
[(f)] (e) Fires set or permitted by any public agency when
such fire is set or permitted in the performance of its official duty for the
purpose of weed abatement, prevention or elimination of a fire hazard, or
instruction of employees in the methods of fire fighting, which in the opinion
of the agency is necessary.[;]
[(g)] (f) Fires set pursuant to permit for the purpose of
instruction of employees of private industrial concerns in methods of fire
fighting, or for civil defense instruction.[;]
[(h) The propagation and raising of nursery
stock, except boilers used in connection with the propagation and raising of
nursery stock;]
[(i) The propane flaming of mint stubble; or]
[(j) Stack or pile burning of residue from Christmas trees, as defined
in ORS 571.505, during the period beginning October 1 and ending May 31 of the
following year.]
[(2) As used in subsection (1) of this section,
“field burning” does not include propane flaming of mint stubble.]
(2) Subsection (1) of
this section does not apply to the extent:
(a) Otherwise provided
in ORS 468A.555 to 468A.620, 468A.992, 476.380 and 478.960 and section 2 of
this 2007 Act;
(b) Necessary to
implement the federal Clean Air Act (P.L. 88-206 as amended) under ORS
468A.025, 468A.030, 468A.035, 468A.040, 468A.045 and 468A.300 to 468A.330; or
(c) Necessary for the
Environmental Quality Commission, in the commission’s discretion, to implement
a recommendation of the Task Force on Dairy Air Quality created under section 3
of this 2007 Act for the regulation of dairy air contaminant emissions.
SECTION 5. ORS 468A.550 is amended to read:
468A.550. [(1)] As used in
this section and ORS 468A.555 to 468A.620 and 468A.992:
(1) “Field burning”
and “open field burning” do not include:
(a) Propane flaming of
mint stubble; or
(b) Stack or pile
burning of residue from Christmas trees as defined in ORS 571.505.
[(a)] (2) “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.
[(b)] (3) “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.
[(c)] (4) “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;
[(F)] (f) Effective communications between affected personnel
during the burning season; and
[(G)] (g) Employment of personnel
to conduct the program.
[(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 6. ORS 561.400 is amended to read:
561.400. (1) There is established within the State Department of
Agriculture a Natural Resources Division which shall have the duties and powers
conferred by subsection (2) of this section, by ORS 568.210 to 568.808 and 568.900
to 568.933 and by the Director of Agriculture. The administrator of the
division shall be appointed by the director under ORS 561.050 after
consultation with the Soil and Water Conservation Commission.
(2) In addition to other
duties and powers, the division is authorized:
(a) To review and
approve or disapprove all projects, practices, budgets, contracts or
regulations of soil and water conservation districts organized under ORS
568.300 to 568.790;
(b) To keep the
directors of the soil and water conservation districts informed of the
activities and experiences of other districts, to assist in the interchange of
advice and information among the districts, and to promote cooperation among
the districts;
(c) To coordinate, as
much as possible, the various programs of the soil and water conservation
districts;
(d) To solicit the
cooperation and assistance of any department or agency of the
(e) To disseminate
information concerning the activities and programs of soil and water
conservation districts and encourage formation of such districts in areas where
they would be desirable and feasible;
(f) To receive, from any
source, materials, machinery and equipment and to transfer such to any soil and
water conservation district under terms and conditions deemed appropriate,
including payment by the district for costs of delivery or use;
(g) To receive from any
public or private source, donations, gifts and grants for the furtherance of
soil and water conservation, the provisions of ORS 568.225 or the protection of
natural resources affecting agriculture, which moneys are continuously
appropriated to the department for the administration of the Natural Resources
Division and functions related thereto and for furnishing support and financial
assistance for the projects and activities of soil and water conservation
districts or other projects and activities relating to natural resources
affecting agriculture or consistent with ORS 568.225;
(h) To establish the
procedures for developing and implementing extended stream bank erosion plans
under ORS 561.403;
(i) To review and
evaluate documents and proposals of the federal government, agencies of the
State of Oregon, counties, cities, other governmental bodies or subdivisions
thereof relating to natural resources affecting agriculture or consistent with
ORS 568.225; and
(j) To conduct
research in and assist in the development of agricultural management
procedures and practices relating to natural resources for the prevention of
soil erosion, [and] water
contamination and air pollution or for the enhancement of water
quality and quantity and air quality.
(3) The administrator of
the division shall coordinate any activities of the Natural Resources Division
related to a watershed enhancement project approved by the Oregon Watershed
Enhancement Board under ORS 541.375 with activities of other cooperating state
and federal agencies participating in the project.
(4) In addition to or in
lieu of the coverage provided pursuant to ORS 30.282 (4), the Oregon Department
of Administrative Services may provide to soil and water conservation districts
and their officers, employees and agents acting within the scope of their
employment or duties, protection against liability as part of the insurance
provided to the State Department of Agriculture pursuant to ORS 278.120 to
278.215. The Oregon Department of Administrative Services shall determine any
additional contributions to be apportioned to the State Department of Agriculture
under ORS 278.110 for extending insurance to soil and water conservation
districts, and the State Department of Agriculture shall pay the assessments
from such moneys as may be available therefor.
SECTION 7. Section 3 of this 2007 Act is repealed on
the date of the convening of the next regular biennial legislative session.
SECTION 8. 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 July 17, 2007
Filed in the office of Secretary of State July 19, 2007
Effective date July 17, 2007
__________