74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
SA to SB 683
LC 3494/SB 683-1
SENATE AMENDMENTS TO
SENATE BILL 683
By COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES
May 16
On page 1 of the printed bill, line 2, delete 'section 4 ' and
insert 'sections 4 and 8'.
Delete lines 5 through 32 and delete page 2 and insert:
' { + SECTION 1. + } Section 4, chapter 1059, Oregon Laws
1999, as amended by section 1, chapter 743, Oregon Laws 2005, is
amended to read:
' { + Sec. 4. + } The State Department of Agriculture shall
establish and implement a pesticide use reporting system to meet
the need described in section 3, chapter 1059, Oregon Laws 1999.
In establishing and implementing the system, the department
shall:
' (1) Design, develop and implement the system in order to
collect, evaluate, summarize, retain and report information on
the use of pesticides in each major category of use in Oregon,
including agriculture, forestry, industrial, urban commercial and
urban homeowner uses.
' (2) At least one time each year, collect the best data
practicable from each major category of pesticide use in a manner
that reduces paperwork and reporting costs.
' (3) { + (a) + } Require all pesticide users to report basic
information on their use of pesticides that includes:
' { - (a) - } { + (A) + } The location of use. For pesticide
use within an urban area, as defined by the department by rule,
the pesticide user shall report the location of use by
identifying the five-digit zip code for the location. For
pesticide use that is not within an urban area, the pesticide
user shall report the location of use by identifying the
{ - third-level - } { + fourth-level + } hydrologic unit for
the location. As used in this paragraph,
{ - ' third-level - } { + 'fourth-level + } hydrologic unit'
means the { - basin reporting - } { + cataloging unit + }
level of the 12-digit hydrologic unit mapping system developed by
the Federal Geographic Data Committee.
' { - (b) - } { + (B) + } The name and United States
Environmental Protection Agency registration number for the
pesticide product used.
' { - (c) - } { + (C) + } The quantity of pesticide product
applied.
' { - (d) - } { + (D) + } The purpose of and type of site of
the application.
' { - (e) - } { + (E) + } The month of the application.
' { - (f) - } { + (F) + } Subject to section 8, chapter
1059, Oregon Laws 1999, other data gathered by pesticide
applicators that the department considers necessary to achieve
the purposes of section 3, chapter 1059, Oregon Laws 1999.
' { + (b) Notwithstanding paragraph (a) of this subsection,
require reporting of pesticide use by or on behalf of
governmental bodies by exact address or, if an exact address is
not available, by the township, range, section and
quarter-section of the application location. This paragraph does
not apply to an application of pesticides to government property
rented or leased to a private party. + }
' (4) Develop a mechanism to ensure the accuracy, reliability
and validity of the database by providing for an independent
review of the pesticide use data and collection procedures by
data quality assurance specialists.
' (5) Develop a specific mechanism to identify household and
other urban uses of pesticides. If this mechanism involves sales
reporting by retail pesticide dealers, the department shall
develop a minimum monthly sales quantity below which the retail
pesticide dealer is exempt from reporting.
' { + SECTION 2. + } Section 8, chapter 1059, Oregon Laws
1999, as amended by section 2, chapter 915, Oregon Laws 2001, and
section 2, chapter 743, Oregon Laws 2005, is amended to read:
' { + Sec. 8. + } (1) In implementing the pesticide use
reporting system, the State Department of Agriculture shall, at a
minimum:
' (a) Publish an annual report summarizing the pesticide use
data reported to the department under section 4, chapter 1059,
Oregon Laws 1999. The report shall include:
' (A) An analysis of trends in pesticide use;
' (B) An assessment of pesticide use reporting data accuracy;
and
' (C) Pesticide use information summarized by { - zip code or
hydrologic unit - } { + location + } as described in section 4
{ - (3)(a) - } , chapter 1059, Oregon Laws 1999.
' (b) Establish policy and adopt rules relating to the public
release of data about pesticide sales or use consistent with the
limitations provided in this section.
' (2)(a) Data about pesticide use obtained under sections 2 to
9, chapter 1059, Oregon Laws 1999, are confidential if the data
would reveal the identity of the owner or lessee or the specific
location of property where a person has applied a pesticide:
' (A) For a private agricultural or forestry operation; or
' (B) On private property or public property leased to a
private person.
' (b) Data about pesticide sales obtained under sections 2 to
9, chapter 1059, Oregon Laws 1999, are confidential if the data
would reveal a trade secret, as defined in ORS 646.461, of the
retail outlet, multiple-outlet retailer or associated group of
retailers that reports the data.
' (c) { + Except as provided in section 4 (3)(b), chapter
1059, Oregon Laws 1999, + } the department may not collect
pesticide use data under section 4, chapter 1059, Oregon Laws
1999, that would reveal the identity of the owner or lessee or
the specific location of property where a person has applied a
pesticide.
' (3) The policy and rules that the department adopts under
this section may not limit access to data for the following
purposes:
' (a) Information obtained as part of any investigation under
any other provision of law;
' (b) To release information obtained exclusively under
sections 2 to 9, chapter 1059, Oregon Laws 1999, to any other
local, state or federal agency, if the local, state or federal
agency has agreed to maintain the confidentiality of any
information that is required to be treated as confidential under
this section, unless the public interest by clear and convincing
evidence requires disclosure in the particular instance; and
' (c) To release information obtained exclusively under
sections 2 to 9, chapter 1059, Oregon Laws 1999, to a health or
environmental researcher acting in an official capacity from an
accredited university or accepted research institute who agrees
to maintain the confidentiality of any information that is
required to be treated as confidential under this section.
' { + SECTION 3. + } { + The amendments to sections 4 and 8,
chapter 1059, Oregon Laws 1999, by sections 1 and 2 of this 2007
Act apply to reporting information for pesticide use that occurs
on or after January 1, 2008. + } ' .
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