74th OREGON LEGISLATIVE ASSEMBLY--2007 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 806
 
                           B-Engrossed
 
                         Senate Bill 235
                  Ordered by the Senate June 22
     Including Senate Amendments dated April 25 and June 22
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor Theodore R.
  Kulongoski for State Department of Agriculture)
 
 
                             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.
 
  Directs Environmental Quality Commission and State Department
of Agriculture to enter into memorandum of understanding that
addresses department administration and enforcement of air
quality laws applicable to agricultural operations or equipment.
 { - Requires commission to adopt rules establishing specified
ambient air quality standard and controlling air pollution from
large concentrated animal feeding operations. - }  Expands duties
and powers of State Department of Agriculture Natural Resources
Division.
   { +  Creates Task Force on Dairy Air Quality. Specifies
membership and duties of task force.
  Declares emergency, effective on passage. + }
 
                        A BILL FOR AN ACT
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 Oregon:
  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 United States or other department or agency of
this state;
  (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. + }
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