75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SA to SB 637
LC 804/SB 637-6
SENATE AMENDMENTS TO
SENATE BILL 637
By COMMITTEE ON EDUCATION AND GENERAL GOVERNMENT
May 11
On page 1 of the printed bill, delete lines 4 through 30.
Delete pages 2 through 9 and insert:
' { + SECTION 1. + } { + Sections 2 to 9 of this 2009 Act
are added to and made a part of ORS chapter 634. + }
' { + SECTION 2. + } { + As used in sections 2 to 9 of this
2009 Act:
' (1) 'Campus' means the buildings, other structures,
playgrounds, athletic fields and parking lots of a school and any
other areas on the school property that are accessed by students
on a regular basis.
' (2) 'Governing body' means a board of directors, agency or
other body or person having policymaking and general oversight
responsibility for a community college district, education
service district, school district, other unit of education
governance, private school or other educational entity.
' (3) 'Integrated pest management plan' means a proactive
strategy that:
' (a) Focuses on the long-term prevention or suppression of
pest problems through economically sound measures that:
' (A) Protect the health and safety of students, staff and
faculty;
' (B) Protect the integrity of campus buildings and grounds;
' (C) Maintain a productive learning environment; and
' (D) Protect local ecosystem health;
' (b) Focuses on the prevention of pest problems by working to
reduce or eliminate conditions of property construction,
operation and maintenance that promote or allow for the
establishment, feeding, breeding and proliferation of pest
populations or other conditions that are conducive to pests or
that create harborage for pests;
' (c) Incorporates the use of sanitation, structural
remediation or habitat manipulation or of mechanical, biological
and chemical pest control measures that present a reduced risk or
have a low impact and, for the purpose of mitigating a declared
pest emergency, the application of pesticides that are not
low-impact pesticides;
' (d) Includes regular monitoring and inspections to detect
pests, pest damage and unsanctioned pesticide usage;
' (e) Evaluates the need for pest control by identifying
acceptable pest population density levels;
' (f) Monitors and evaluates the effectiveness of pest control
measures;
' (g) Excludes the application of pesticides on a routine
schedule for purely preventive purposes, other than applications
of pesticides designed to attract or be consumed by pests;
' (h) Excludes the application of pesticides for purely
aesthetic purposes;
' (i) Includes school staff education about sanitation,
monitoring and inspection and about pest control measures;
' (j) Gives preference to the use of nonchemical pest control
measures;
' (k) Allows the use of low-impact pesticides if nonchemical
pest control measures are ineffective; and
' (L) Allows the application of a pesticide that is not a
low-impact pesticide only to mitigate a declared pest emergency
or if the application is by, or at the direction or order of, a
public health official.
' (4) 'Low-impact pesticide' means a product that does not
contain a pesticide product or active ingredient described in
section 3 (5) of this 2009 Act.
' (5) 'Pest' means:
' (a) An insect or other arthropod;
' (b) A weed, moss, slime or mildew or a plant disease caused
by a fungus, bacterium or virus;
' (c) A nematode, snail, slug, rodent or predatory animal;
' (d) A bacteria, spore, virus, fungus or other microorganism
that is harmful to human health; or
' (e) Other forms of plant or animal life that may infest or be
detrimental to vegetation, humans, animals, structures, managed
landscapes or other human environments.
' (6) 'Pest emergency' means an urgent need to eliminate or
mitigate a pest situation that threatens:
' (a) The health or safety of students, staff, faculty members
or members of the public using the campus; or
' (b) The structural integrity of campus facilities.
' (7) 'Registration number' means the pesticide registration
number assigned by the United States Environmental Protection
Agency.
' (8) 'School' means:
' (a) A facility operating an Oregon prekindergarten or a
federal Head Start program;
' (b) A public or private educational institution offering
education in all or part of kindergarten through grade 12;
' (c) An education service district as defined in ORS 334.003;
' (d) A community college as defined in ORS 341.005;
' (e) The Oregon School for the Blind;
' (f) The Oregon School for the Deaf; and
' (g) A regional residential academy operated by the Oregon
Youth Authority. + }
' { + SECTION 3. + } { + (1) The governing body responsible
for a school shall adopt an integrated pest management plan for
use on the campuses of the school. The governing body shall also
adopt provisions for:
' (a) Designating an integrated pest management plan
coordinator;
' (b) Identifying plan coordinator responsibilities;
' (c) Giving notices under section 7 of this 2009 Act;
' (d) Retaining pesticide application records under section 8
of this 2009 Act;
' (e) Providing a process for responding to inquiries and
complaints about noncompliance with the integrated pest
management plan; and
' (f) Conducting outreach to the school community about the
school's integrated pest management plan.
' (2) If a governing body has control over only part of a
building, a structure or property where a campus is located, the
governing body may limit an integrated pest management plan to
those parts of the building, structure or property over which the
governing body exerts substantial control.
' (3) A governing body is not required to adopt an integrated
pest management plan for off-campus buildings, structures or
property, notwithstanding any incidental use for instruction.
' (4) Unless a governing body expressly provides otherwise, the
application of a germicide, disinfectant, sanitizer, deodorizer,
antimicrobial agent or insecticidal soap at a campus is not
subject to the requirements for a pesticide application under an
integrated pest management plan. However, this subsection does
not permit the application at a campus of a germicide,
disinfectant, sanitizer, deodorizer, antimicrobial agent or
insecticidal soap that is a pesticide other than a low-impact
pesticide, except to mitigate a declared pest emergency.
' (5) A governing body shall adopt a list of low-impact
pesticides for use with the integrated pest management plan. The
governing body may include any product on the list except
products that:
' (a) Contain a pesticide product or active ingredient that has
the signal words 'warning' or 'danger' on the label;
' (b) Contain a pesticide product classified as a human
carcinogen or probable human carcinogen under the United States
Environmental Protection Agency 1986 Guidelines for Carcinogen
Risk Assessment; or
' (c) Contain a pesticide product classified as carcinogenic to
humans or likely to be carcinogenic to humans under the United
States Environmental Protection Agency 2003 Draft Final
Guidelines for Carcinogen Risk Assessment. + }
' { + SECTION 4. + } { + (1) The governing body shall
provide for the designation of one or more persons as integrated
pest management plan coordinators for the governed schools. A
plan coordinator must be an employee of the governed district,
unit, school or entity, unless the governing body delegates pest
management duties to an independent contractor. Each school shall
have the services of at least one integrated pest management plan
coordinator. A plan coordinator may serve more than one school.
The responsibilities of the plan coordinator shall include, but
need not be limited to:
' (a) Giving notice and posting warnings under section 7 of
this 2009 Act;
' (b) Overseeing pest prevention efforts;
' (c) Providing for the identification and evaluation of pest
situations;
' (d) Determining the means of appropriately managing pest
damage that will cause the least possible hazard to people,
property and the environment;
' (e) Ensuring the proper and lawful performance of pesticide
applications;
' (f) Evaluating pest management results; and
' (g) Keeping records as required by section 8 of this 2009
Act.
' (2) A plan coordinator shall complete not less than six hours
of training each year. The training shall include at least a
general review of integrated pest management principles and the
requirements of sections 2 to 9 of this 2009 Act. + }
' { + SECTION 5. + } { + If a school has followed the
integrated pest management plan and nonchemical pest control
measures were ineffective, subject to section 6 of this 2009 Act
the integrated pest management plan coordinator may authorize the
application of a low-impact pesticide. The low-impact pesticide
application must be made by a pesticide applicator or by a public
applicator. The use of a pesticide applicator or public
applicator to make an application does not cancel, alter or
reassign any of the duties imposed under section 7 or 8 of this
2009 Act. + }
' { + SECTION 6. + } { + (1) Subject to subsection (2) of
this section:
' (a) If the labeling of a pesticide product specifies a
reentry time, a pesticide may not be applied to an area of a
campus where the school expects students to be present before
expiration of that reentry time.
' (b) If the labeling of a pesticide product does not specify a
reentry time, a pesticide may not be applied to an area of a
campus where the school expects students to be present before
expiration of a reentry time that the integrated pest management
plan coordinator determines to be appropriate based on the times
at which students would normally be expected to be in the area,
area ventilation and whether the area will be cleaned before
students are present.
' (2)(a) The application restrictions described in subsection
(1) of this section do not apply if the pesticide is applied
outdoors by a pesticide applicator or public applicator as a
component of academic instruction in agriculture.
' (b) The application restrictions described in subsection
(1)(b) of this section do not apply if the integrated pest
management plan coordinator declares a pest emergency under
subsection (3) of this section.
' (3) An integrated pest management plan coordinator, after
consultation with school faculty and administration, may declare
the existence of a pest emergency. If necessary, a pesticide
other than a low-impact pesticide may be used to mitigate a
declared pest emergency. If a pesticide is applied at a campus
due to a pest emergency, the plan coordinator shall review the
integrated pest management plan to determine whether modification
of the plan might prevent future pest emergencies. The plan
coordinator shall submit any recommendations for modification of
the plan to the governing body. The governing body shall review
and take formal action on the recommendations. + }
' { + SECTION 7. + } { + (1) The governing body responsible
for a school shall adopt policies and processes for ensuring that
the integrated pest management plan coordinator for the school,
or a designee of the coordinator, gives written notice of a
proposed pesticide application at the campus to, at a minimum,
parents and guardians of minor students, adult students, school
administrators, faculty members and staff members. The plan
coordinator or designee may give a written notice described in
this subsection by any reasonable means, including but not
limited to, electronic mail.
' (2) In adopting policies and processes under subsection (1)
of this section, the governing body shall consider the age of the
students attending the school and consider which methods for
transmitting notice are most likely to reach the intended
recipients.
' (3) Except as provided in this subsection, the plan
coordinator or designee must give a pesticide application notice
in a manner reasonably calculated to reach the intended recipient
at least 24 hours before the pesticide application occurs. A
notice must identify the name, trademark or type of pesticide
products, the registration number assigned to each of the
pesticide products, the expected area of application, the
expected date of application and the reason for the application.
If a pest emergency makes it impracticable to give a pesticide
application notice at least 24 hours before the pesticide
application occurs, the plan coordinator or designee shall send
the notice no later than 24 hours after the application occurs.
' (4) Except as provided in this subsection, if a pesticide is
applied at a campus, the plan coordinator or a designee of the
coordinator shall place warning signs around pesticide
application areas beginning no later than 24 hours before the
application occurs and ending no earlier than 72 hours after the
application occurs. A warning sign must bear the words 'Warning:
pesticide-treated area,' give the expected or actual date and
time for the application and provide the telephone number of a
contact person. If a pest emergency makes it impracticable to
place the warning signs at least 24 hours before the pesticide
application, the plan coordinator or designee shall place the
signs as soon as practicable but no later than at the time the
application occurs.
' (5) Failure to give notice or post warnings as required by
this section does not create a cause of action for damages and
may not be asserted as the basis for a per se negligence
claim. + }
' { + SECTION 8. + } { + (1) If a pesticide is applied at a
campus, the integrated pest management plan coordinator or a
designee of the coordinator shall place the labeling information
and material data safety sheet for the pesticide on file at a
school on the campus. The plan coordinator or designee shall
record and make available the following information:
' (a) The brand name or trademark of the pesticide product;
' (b) The United States Environmental Protection Agency
registration number assigned to the pesticide product;
' (c) The pest condition that prompted the application;
' (d) A description of the area on campus where the application
occurred;
' (e) The approximate amount and concentration of pesticide
product applied;
' (f) The type of application and whether the application
proved effective;
' (g) The pesticide applicator or public applicator license
numbers and pesticide trainee or public trainee certificate
numbers of the persons applying the pesticide;
' (h) The names of the persons applying the pesticide;
' (i) The dates on which the plan coordinator gave any notices
required by section 7 of this 2009 Act; and
' (j) The dates and times for the placement and removal of
warning signs under section 7 of this 2009 Act.
' (2) Pesticide application records must include copies of all
notices given under section 7 of this 2009 Act.
' (3) A school shall retain pesticide application records
required by this section for at least four years following the
application date. + }
' { + SECTION 9. + } { + A governing body may adopt, improve
or continue any integrated pest management plan that provides
protection against pesticide exposure equal to or greater than
the protection against pesticide exposure required by sections 2
to 9 of this 2009 Act. + }
' { + SECTION 10. + } ORS 634.116 is amended to read:
' 634.116. (1) A pesticide operator's license, or supplements
thereto, shall authorize the licensee to engage in one or more of
the classes of pest control or pesticide application business
prescribed by the State Department of Agriculture under ORS
634.306 (2). The department may not issue a pesticide operator
license to the United States, the State of Oregon or federal,
state or local agencies, instrumentalities, political
subdivisions, counties, cities, towns, municipal corporations,
irrigation, drainage or other districts or other federal, state
or local governmental bodies.
' (2) During a license period, and after a person has been
issued a license to engage in certain classes of pest control or
pesticide application business during a license period, the
department upon receiving an additional application and
applicable fees, may authorize the licensee to engage in
additional classes of pest control or pesticide application
business for the remainder of the license period as prescribed in
ORS 634.306 (2).
' (3)(a) The department shall establish a pesticide operator
license fee not to exceed $90 for the first class of pest control
or pesticide application business as prescribed in ORS 634.306
(2) and not to exceed $15 for each additional class.
' (b) After a person makes first application for a specific
license period, if later during the same license period the
person desires to engage in additional classes of pest control or
pesticide application businesses, such person shall pay the fee
for each additional class established by the department not to
exceed $20.
' (4) At least one owner or part owner of the pest control or
pesticide application business shall also obtain and maintain a
pesticide applicator's license if the pesticide operator is a
sole proprietorship or a partnership. At least one officer or
employee shall obtain and maintain a pesticide applicator's
license if the pesticide operator is a corporation. If a
pesticide operator is found to be in violation of this
subsection, the pesticide operator's license, notwithstanding ORS
chapter 183, is automatically suspended until the pesticide
operator is in compliance. If the business is owned by one
individual, the department shall make no charge for the pesticide
applicator license issued to the individual under ORS 634.122.
' (5) The department shall not issue or renew a pesticide
operator's license until the applicant or licensee has furnished
evidence to the department, in the form of a public liability
policy issued by an insurance company qualified to do business in
Oregon, protecting the applicant or licensee against liability
for injury or death to persons and loss of or damage to property
resulting from the application of pesticides, or in lieu of a
policy, has furnished a deposit of cash, surety bond or other
evidence of financial responsibility acceptable to the department
that may be applied by the department to the payment of damages
resulting from operator liability. However:
' (a) Except as required under paragraph (b) of this
subsection, the financial responsibility required by this section
shall not apply to damages or injury to crops, real or personal
property being worked upon by the applicant.
' (b) If the applicant or licensee is to be engaged in the
business of controlling or eradicating structural pests, or pests
within a public or private place, or pests within private or
public places where food is served, prepared or processed or
where persons are regularly housed, the financial responsibility
required by this section shall apply to damages or injury to real
or personal property being worked upon, as well as all the other
real and personal property set forth in this section.
' (6) The financial responsibility required by subsection (5)
of this section must be not less than $25,000 for bodily injury
to one or more persons and not less than $25,000 for property
damage.
' (7) Notwithstanding the provisions of ORS chapter 183, if the
licensed pesticide operator fails to maintain the financial
responsibility required by subsections (5) and (6) of this
section, the license is automatically suspended until the
department again verifies the pesticide operator is in compliance
with subsections (5) and (6) of this section. The liability
insurance company shall notify the department in writing at least
30 days prior to any cancellation of an insurance policy required
by this section.
' (8) Notwithstanding the provisions of ORS 105.810 and 105.815
or other laws to the contrary, the amount of damages for which a
pesticide operator or pesticide applicator is liable as a result
of use of pesticides, or financial responsibility for the same is
limited to actual damages only.
' (9) The department shall return the deposit required by
subsection (5) of this section to the pesticide operator if the
pesticide operator at any time establishes exemption from the
financial responsibility requirements under this chapter. After
the expiration of two years from the date of an injury, death,
loss or damage, the department shall return any deposit remaining
to the pesticide operator or to the personal representative of
the pesticide operator except that the department shall not make
a return if the department has received notice that an action for
damages arising out of the provisions of this section has been
filed against the pesticide operator for whom the deposit was
made, and the department has determined that the action is
pending or that any judgment resulting from the action remains
unpaid.
' (10) If the pesticide operator is to spray by aircraft, then
the department, in addition to other provisions of this section
relating to financial responsibility, may by rule allow aircraft
pesticide operators to reduce, suspend or terminate the liability
insurance, applicable to spraying by aircraft, and required by
subsections (5) and (6) of this section during certain periods of
the year.
' (11) The department may by rule allow liability insurance
policies required by subsections (5) and (6) of this section to
include deductible clauses of amounts to be determined by the
department.
' (12)(a) The United States, the State of Oregon or federal,
state or local agencies, instrumentalities, political
subdivisions, counties, cities, towns, municipal corporations,
irrigation, drainage or other districts or other federal, state
or local governmental bodies are not required to obtain a license
as a pesticide operator or to furnish evidence of financial
responsibility to the department when:
' (A) Applying pesticides to property under their ownership,
possession, control or jurisdiction;
' (B) Applying pesticides pursuant to an order issued by the
department for purposes of controlling or eradicating noxious
weeds or pests; or
' (C) Applying pesticides to property under the ownership,
possession, control or jurisdiction of another federal, state or
local agency, instrumentality, political subdivision, county,
city, town, municipal corporation, irrigation, drainage or other
district or other federal, state or local governmental body or of
a homeowners association as defined under ORS 94.550 if:
' (i) The land is in a jurisdiction adjacent to property under
their ownership, possession, control or jurisdiction;
' (ii) The application is done in conjunction with, or as an
extension of, an application of pesticides to property under
their ownership, possession, control or jurisdiction; and
' (iii) The pesticide application is done on a cost recovery,
cooperative trade of services or no cost basis, and not as a
source for profit.
' (b) A public utility or telecommunications utility is not
required to obtain a license as a pesticide operator or to
furnish evidence of financial responsibility to the department
when applying pesticides to property under the ownership,
possession or control of the utility.
' (c) In addition to any application allowed under paragraph
(a) of this subsection, a vector control district is not required
to obtain a license as a pesticide operator or to furnish
evidence of financial responsibility to the department when
applying pesticides for the prevention, control or eradication of
a public health vector as defined in ORS 452.010 to property
under the ownership, possession, control or jurisdiction of
another federal, state or local agency, instrumentality,
political subdivision, county, city, town, municipal corporation,
irrigation, drainage or other district or other federal, state or
local governmental body or of a homeowners association as defined
under ORS 94.550 if the pesticide application is done on a cost
recovery, cooperative trade of services or no cost basis, and not
as a source of profit.
' (13) Subject to subsection (15) of this section, the
employees of the agencies, instrumentalities, subdivisions,
counties, cities, towns, municipal corporations, districts,
governmental bodies or utilities described in subsection (12) of
this section who perform or carry out the work, duties or
responsibilities of a pesticide applicator are subject to the
provisions of this chapter, except they shall be issued 'public
applicator' licenses or, if they carry out the work, duties or
responsibilities of a pesticide trainee, shall be issued 'public
trainee' certificates, if they otherwise comply or qualify with
the provisions of this chapter relating thereto.
' (14) The public applicator license or public trainee
certificate shall be:
' (a) Issued by the department upon payment of the fee for the
pesticide applicator license or pesticide trainee certificate.
' (b) Valid and used by the licensee or certificate holder only
when applying pesticides as described in subsection (12) of this
section.
' (c) Renewed, suspended or revoked each year in the same
manner, under the same provisions and at the same time as other
pesticide applicator licenses and trainee certificates are
renewed, suspended or revoked.
' (15) The provisions of subsection (13) of this section apply
only to:
' (a) The application of restricted-use pesticides;
{ - or - }
' (b) The application of any pesticide by using a
machine-powered device { - . - } { + ; or
' (c) The application of any pesticide at the campus of a
school, as defined in section 2 of this 2009 Act, by an employee
of the school. + }
' (16) Prior to applying pesticides to land described in
subsection (12)(a)(C) of this section, a public applicator shall
inform the person requesting pesticide application of the
possible availability of alternative sources of assistance,
including sources in the private sector that are registered with
the department or with industry trade or professional
organizations.
' (17) A federal, state or local agency, instrumentality,
political subdivision, county, city, town, municipal corporation,
irrigation, drainage or other district or other federal, state or
local governmental body may not solicit or advertise for
pesticide application business in areas outside its jurisdiction.
' { + SECTION 11. + } { + (1) Notwithstanding section 9 of
this 2009 Act, the Oregon State University Extension Service, in
cooperation with the Department of Human Services, shall develop
one or more model integrated pest management plans for use in
schools subject to sections 2 to 9 of this 2009 Act. The
extension service shall make the model plans available to school
governing bodies no later than July 1, 2011. However, a school
governing body may adopt any integrated pest management plan that
complies with the requirements of sections 2 to 9 of this 2009
Act.
' (2) Except as provided in subsection (3) of this section, a
governing body required under section 3 of this 2009 Act to adopt
one or more integrated pest management plans shall implement the
plans on or before July 1, 2012.
' (3) The deadline established in subsection (2) of this
section does not apply to a school established after the
effective date of this 2009 Act. + }
' { + SECTION 12. + } { + Section 11 of this 2009 Act is
repealed January 2, 2014. + }
' { + SECTION 13. + } { + The amendments to ORS 634.116 by
section 10 of this 2009 Act become operative on July 1, 2012. + }
' .
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