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 3494
A-Engrossed
Senate Bill 683
Ordered by the Senate May 16
Including Senate Amendments dated May 16
Sponsored by Senator AVAKIAN
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.
Reduces size of identifying hydrologic unit to be used when
reporting pesticide use.
{ + Requires government bodies or those acting on behalf of
government bodies to report pesticide use by address or by
township, range, section and quarter-section of application
location. + }
A BILL FOR AN ACT
Relating to pesticide use reporting; creating new provisions; and
amending sections 4 and 8, chapter 1059, Oregon Laws 1999.
Be It Enacted by the People of the State of Oregon:
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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