75th OREGON LEGISLATIVE ASSEMBLY--2009 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 3893
Senate Bill 985
Sponsored by Senator PROZANSKI, Representative HOLVEY
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 as
introduced.
Clarifies certain provisions related to field burning in
specified Oregon counties. Restricts number of acres to be
burned. Requires field burning techniques to cease on specified
dates. Allows specified number of acres of steep terrain to be
open burned through 2012. Allows Environmental Quality Commission
by order to permit emergency field burning of specified number of
acres under certain conditions, and allows commission to assess
fees for acreage burned. Specifies that fees for emergency field
burning are to be deposited in State Treasury to credit of
Department of Agriculture Service Fund for purpose of carrying
out certain duties and responsibilities. Modifies fees for field
burning. Allows commission by rule to prohibit field burning in
certain critical nonburn areas.
Refers Act to people for their approval or rejection at next
regular general election.
A BILL FOR AN ACT
Relating to field burning; creating new provisions; amending ORS
468A.560, 468A.575, 468A.580, 468A.585, 468A.595, 468A.610,
468A.615 and 468A.620; and providing that this Act shall be
referred to the people for their approval or rejection.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 468A.560 is amended to read:
468A.560. { - (1) - } Except for the fee imposed under ORS
468A.615 (1)(c), the provisions of ORS 468A.550 to 468A.620 and
468A.992 shall apply only to open field burning, propane flaming
and stack or pile burning of grass seed { + crop residues + } or
cereal grain crop residues on acreage located in { - the
counties specified in ORS 468A.595 (2) - } { + Multnomah,
Washington, Clackamas, Marion, Polk, Yamhill, Linn, Benton and
Lane Counties + }.
{ - (2) Nothing in this section shall apply to the propane
flaming of mint stubble. - }
SECTION 2. ORS 468A.575 is amended to read:
468A.575. (1) Permits for open burning, propane flaming or
stack or pile burning of the residue from perennial grass seed
crops, annual grass seed crops and cereal grain crops are
required in the counties listed in ORS { - 468A.595 (2) and - }
{ + 468A.560. Permits + } shall be issued in accordance with
rules adopted by the Environmental Quality Commission and subject
to the fee prescribed in ORS 468A.615. The permit described in
this section shall be issued in conjunction with permits required
under ORS 476.380 or 478.960.
(2) By rule the Environmental Quality Commission may delegate
to any county court, board of county commissioners, fire chief of
a rural fire protection district or other responsible person the
duty to deliver permits to burn acreage if the acreage has been
registered under ORS 468A.615 and fees have been paid as required
in ORS 468A.615.
SECTION 3. ORS 468A.580 is amended to read:
468A.580. (1) Permits under ORS 468A.575 for open field burning
of cereal grain crops shall be issued in the counties listed in
ORS { - 468A.595 (2) - } { + 468A.560 + }only if the person
seeking the permit submits to the issuing authority a signed
statement under oath or affirmation that the acreage to be burned
will be planted to seed crops other than cereal grains which
require flame sanitation for proper cultivation.
(2) The Department of Environmental Quality shall inspect
cereal grain crop acreage burned under subsection (1) of this
section after planting in the following spring to determine
compliance with subsection (1) of this section.
(3) Any person planting contrary to the restrictions of
subsection (1) of this section shall be assessed by the
department a civil penalty of $25 for each acre planted contrary
to the restrictions. Any fines collected by the department under
this subsection shall be deposited by the State Treasurer in the
Department of Agriculture Service Fund to be used in carrying out
the smoke management program in cooperation with the Oregon Seed
Council and for administration of this section.
(4) Any person planting seed crops after burning cereal grain
crops under subsection (1) of this section may apply to the
department for permission to plant contrary to the restrictions
of subsection (1) of this section if the seed crop fails to grow.
The department may allow planting contrary to the restrictions of
subsection (1) of this section if the crop failure occurred by
reasons other than the negligence or intentional act of the
person planting the crop or one under the control of the person
planting the crop.
SECTION 4. ORS 468A.585 is amended to read:
468A.585. (1) The Environmental Quality Commission shall enter
into a memorandum of understanding with the State Department of
Agriculture that provides for the State Department of Agriculture
to operate all of the field burning program.
(2) Subject to the terms of the memorandum of understanding
required by subsection (1) of this section, the State Department
of Agriculture:
(a) May perform any function of the Environmental Quality
Commission or the Department of Environmental Quality relating to
the operation and enforcement of the field burning smoke
management program { + , except for making findings pursuant to
ORS 468A.610 (10), (11) and (12) + }.
(b) May enter onto and inspect, at any reasonable time, the
premises { + and fields + } of any person { + registered under
ORS 468A.615 for + } { - conducting - } an open field
burn { + , propane flaming or stack or pile burning + } to
ascertain compliance with a statute, rule, standard or permit
condition relating to the field burning smoke management program.
(c) May conduct a program for the research and development of
alternatives to field burning.
SECTION 5. ORS 468A.595 is amended to read:
468A.595. In order to regulate open field burning pursuant to
ORS { - 468A.610 - } { + 468A.550 to 468A.620 + }:
(1) In such areas of the state and for such periods of time as
it considers necessary to carry out the policy of ORS 468A.010,
the Environmental Quality Commission by rule may prohibit,
restrict or limit classes, types and extent and amount of burning
for perennial grass seed crops, annual grass seed crops and grain
crops.
{ - (2) In addition to but not in lieu of the provisions of
ORS 468A.610 and of any other rule adopted under subsection (1)
of this section, the commission shall adopt rules for Multnomah,
Washington, Clackamas, Marion, Polk, Yamhill, Linn, Benton and
Lane Counties, which provide for a more rapid phased reduction by
certain permit areas, depending on particular local air quality
conditions and soil characteristics, the extent, type or amount
of open field burning of perennial grass seed crops, annual grass
seed crops and grain crops and the availability of alternative
methods of field sanitation and straw utilization and
disposal. - }
{ - (3) - } { + (2) + } Before promulgating rules pursuant
to { - subsections (1) and (2) - } { + subsection (1) + } of
this section, the commission
{ - shall - } { + may + } consult with Oregon State
University { - and may consult with - } { + , + } the United
States Natural Resources Conservation Service, or its successor
agency, the Agricultural Stabilization Commission, the state Soil
and Water Conservation Commission and other interested agencies.
The Department of Environmental Quality shall advise the
commission in the promulgation of such rules. The commission must
review and show on the record the recommendations of the
department in promulgating such rules.
{ - (4) - } { + (3) + } No regional air quality control
authority shall have authority to regulate burning of perennial
grass seed crops, annual grass seed crops and grain crops.
{ - (5) - } { + (4) + } Any amendments to the State
Implementation Plan prepared by the state pursuant to the federal
Clean Air Act, { - as enacted by Congress, December 31, 1970,
and as amended by Congress August 7, 1977, and November 15, 1990,
and Acts amendatory thereto - } { + 42 U.S.C. 7401 et seq., as
in effect on the effective date of this 2009 Act, + } shall be
{ - only - } { + at least + } of such sufficiency as to gain
approval of the amendment by the United States Environmental
Protection Agency { - and shall not include rules promulgated
by the commission pursuant to subsection (1) of this section not
necessary for attainment of national ambient air quality
standards - } .
SECTION 6. ORS 468A.610 is amended to read:
468A.610. (1) Except as provided under ORS 468A.620, no person
shall open burn or cause to be open burned, propane flamed or
stack or pile burned in the counties { - specified - }
{ + listed + } in ORS
{ - 468A.595 (2) - } { + 468A.560 + }, perennial or annual
grass seed crop { + residue + } or cereal grain crop residue,
unless the acreage has been registered under ORS 468A.615 and the
permits required by ORS 468A.575, 476.380 and 478.960 have been
obtained.
(2) The maximum total registered acreage allowed to be open
burned per year { - pursuant to - } { + under + } subsection
(1) of this section shall be { + none for 2011 and
thereafter. + } { - : - }
{ - (a) For 1991, 180,000 acres. - }
{ - (b) For 1992 and 1993, 140,000 acres. - }
{ - (c) For 1994 and 1995, 120,000 acres. - }
{ - (d) For 1996 and 1997, 100,000 acres. - }
{ - (e) For 1998 and thereafter, 40,000 acres. - }
{ + (3) The maximum total registered acreage allowed to be
stack or pile burned per calendar year under subsection (1) of
this section shall be:
(a) For 2011, 1,000 acres.
(b) For 2012, 1,000 acres.
(c) For 2013 and thereafter, none. + }
{ - (3) - } { + (4) + } The maximum total
{ + registered + } acreage allowed to be propane flamed { + per
year + } under subsection (1) of this section { + in the
counties listed in ORS 468A.560 + } shall be:
{ - (a) In 1991 through 1997, 75,000 acres per year; and - }
{ - (b) In 1998 and thereafter, 37,500 acres per year may be
propane flamed. - }
{ + (a) For 2011, 500 acres.
(b) For 2012, 500 acres.
(c) For 2013 and thereafter, none. + }
{ - (4)(a) - } { + (5) + } { - After January 1, 1998, - }
Fields shall be prepared for propane flaming by removing all
loose straw or vacuuming { + , + } or prepared using other
techniques approved by rule by the Environmental Quality
Commission { + , and propane equipment shall satisfy best
available technology + }.
{ - (b) After January 1, 1998, propane equipment shall
satisfy best available technology. - }
{ - (5) Notwithstanding the limitations set forth in
subsection (2) of this section, in 1991 and thereafter, a maximum
of 25,000 acres of steep terrain and species identified by the
Director of Agriculture by rule may be open burned and shall not
be included in the maximum total permitted acreage. - }
{ + (6)(a) Notwithstanding the limitations set forth in
subsection (2) of this section, steep terrain and species
identified by the Director of Agriculture by rule shall not be
included in the maximum total of permitted acreage set forth in
subsection (2) of this section. The additional acreage allowed to
be open burned shall be:
(A) For 2011, 5,000 acres.
(B) For 2012, 2,500 acres.
(C) For 2013 and thereafter, none.
(b) Steep terrain and species identified by the Director of
Agriculture by rule may not be open burned under the provisions
of this subsection in Benton and Lane Counties, and in Linn
County except for portions of north Linn County that are east of
Stayton Scio Road and north of Highway 226, and portions of north
Linn County that are east of Richardson Gap Road and north of
Fish Hatchery Drive. + }
{ - (6) - } { + (7) + } Acreage registered to be open
burned under this section may be propane flamed at the
registrant's discretion without reregistering the acreage.
{ - (7) - } { + (8) + } In the event of the registration of
more than the maximum allowable acres for open burning { + ,
propane flaming or stack or pile burning + } in the counties
{ - specified - } { + listed + } in ORS
{ - 468A.595 (2), after 1996 - } { + 468A.560 + }, the
commission, after consultation with the State Department of
Agriculture, by rule or order may assign priority of permits
based on soil characteristics, the crop type, terrain or
drainage. { + In no event may permits be issued for more than
the maximum acreage listed in subsections (2), (3), (4) and (6)
of this section. + }
{ - (8) - } { + (9) + } Permits shall be issued { + under
ORS 468A.575 + } and { + open + } burning { + , propane flaming
and stack or pile burning + }shall be allowed for the maximum
acreage specified in { - subsection (2) of this section - }
{ + subsections (2), (3), (4) and (6) of this section + } unless
{ - : - }
{ - (a) - } the daily determination of suitability of
meteorological conditions, regional or local air quality
conditions or other burning conditions requires that a maximum
number of acres not be burned on a given day { + . + } { - ;
or - }
{ - (b) The commission finds after hearing that other
reasonable and economically feasible, environmentally acceptable
alternatives to the practice of annual open field burning have
been developed. - }
{ - (9) - } { + (10) + } Upon a finding of
{ - extreme - } danger to public health or safety, the
commission may order temporary emergency cessation of all open
field burning, propane flaming { - or - } { + and + } stack
or pile burning in any area of the counties listed in { - ORS
468A.595 (2) - } { + 468A.560 + }.
{ + (11)(a) Notwithstanding subsection (8) of this section,
the commission by order may permit emergency open burning,
propane flaming or stack or pile burning of up to 5,000 acres of
steep terrain each calendar year in addition to the acreage
allowed under subsections (2), (3), (4) and (6) of this section,
if the commission finds that:
(A) Extreme hardship due to irreparable damage, as identified
by the commission by rule, outweighs the dangers to public health
and safety from emergency open burning, propane flaming or stack
or pile burning;
(B) Authorization of additional acreage does not result in open
burning, propane flaming or stack or pile burning of more acreage
than required to address the emergency;
(C) Authorization of additional acreage is limited to the
calendar year in which the commission makes the required
findings; and
(D) All emergency open burning, propane flaming or stack or
pile burning is otherwise consistent with ORS 468A.550 to
468A.620 and rules adopted under ORS 468A.550 to 468A.620.
(b) Steep terrain may not be open burned, propane flamed or
stack or pile burned under the provisions of this subsection in
Benton and Lane Counties, and in Linn County, except for portions
of north Linn County that are east of Stayton Scio Road and north
of Highway 226, and portions of north Linn County that are east
of Richardson Gap Road and north of Fish Hatchery Drive.
(c) The commission by rule may assess fees for the acreage
burned pursuant to this subsection. All fees collected under this
subsection shall be deposited in the State Treasury to the credit
of the Department of Agriculture Service Fund for the purpose
specified in ORS 468A.615 (2).
(12)(a) Notwithstanding subsection (8) of this section, the
commission by order may permit emergency open burning, propane
flaming or stack or pile burning of up to 2,000 acres each
calendar year in addition to the acreage allowed under
subsections (2), (3), (4) and (6) of this section, if the
commission finds that:
(A) Extreme hardship due to disease outbreak or insect
infestation, as identified by the commission by rule, outweighs
the dangers to public health and safety from emergency open
burning, propane flaming or stack or pile burning;
(B) Authorization of additional acreage does not result in open
burning, propane flaming or stack or pile burning of more acreage
than required to address the emergency;
(C) Authorization of additional acreage is limited to the
calendar year in which the commission makes the required
findings; and
(D) All emergency open burning, propane flaming or stack or
pile burning is otherwise consistent with ORS 468A.550 to
468A.620 and rules adopted under ORS 468A.550 to 468A.620.
(b) The commission by rule may assess fees for the acreage
burned pursuant to this subsection. All fees collected under this
subsection shall be deposited in the State Treasury to the credit
of the Department of Agriculture Service Fund for the purpose
specified in ORS 468A.615 (2). + }
{ - (10) - } { + (13) + } The commission shall act on any
application for a permit under ORS 468A.575 within 60 days of
registration and receipt of the fee required under ORS 468A.615.
{ - The commission may order emergency cessation of open field
burning at any time. Any other decision required under this
section must be made by the commission on or before June 1 of
each year. - }
SECTION 7. { + Section 8 of this 2009 Act is added to and made
a part of ORS 468A.550 to 468A.620. + }
SECTION 8. { + (1) Notwithstanding any other provision of ORS
468A.550 to 468A.620, the Environmental Quality Commission by
rule may prohibit field burning of grass seed crop residues or
cereal grain crop residues in areas determined by the commission
to be critical nonburn areas. The prohibition may be permanent or
for a limited period of time.
(2) To ensure that the provision of electricity services is not
interrupted, the critical nonburn areas described in subsection
(1) of this section may include, but are not limited to, areas
under power transmission lines. + }
SECTION 9. ORS 468A.615 is amended to read:
468A.615. (1)(a) On or before April 1 of each year, the grower
of a grass seed crop shall register with the county court or
board of county commissioners, the fire chief of a rural fire
protection district, the designated representative of the fire
chief or other responsible persons the number of acres to be open
burned or propane flamed in the remainder of the year. At the
time of registration, the Department of Environmental Quality
shall collect a nonrefundable fee of { - $2 - } { + $4 + }
per acre registered to be sanitized by open burning or
{ - $1 - } { + $2 + } per acre to be sanitized by propane
flaming. The department may contract with counties and rural fire
protection districts or other responsible persons for the
collection of the fees which shall be forwarded to the
department. Any person registering after April 1 { - of - }
{ + in + } each year shall pay an additional fee of { - $1 - }
{ + $2 + } per acre registered if the late registration is due
to the fault of the late registrant or
{ - one - } { + a person + } under the control of the late
registrant. Late registrations must be approved by the
department. Copies of the registration form shall be forwarded to
the department. The required registration must be made and the
fee paid before a permit shall be issued under ORS 468A.575.
(b) Except as provided in paragraph (d) of this subsection, the
department shall collect a fee in accordance with paragraph (c)
of this subsection for issuing a permit for open burning, propane
flaming or stack or pile burning of perennial or annual grass
seed crop { + residue + } or cereal grain crop residue under ORS
468A.555 to 468A.620 and 468A.992. The department may contract
with counties and rural fire protection districts or other
responsible persons for the collection of the fees which shall be
forwarded to the department.
(c) The fee required under paragraph (b) of this subsection
shall be paid within 10 days after { - a permit is issued and
shall be - } { + the date of the invoice issued by the issuing
authority and shall be + }:
(A) { - $8 - } { + $16 + } per acre of crop sanitized by
open burning in the counties { - specified - } { + listed + }
in ORS { - 468A.595 (2) - } { + 468A.560 + };
(B) { - $4 - } { + $8 + } per acre of perennial or annual
grass seed crop sanitized by open burning in any county not
{ - specified - } { + listed + } in ORS { - 468A.595 (2) - }
{ + 468A.560 + };
(C) { - $2 - } { + $4 + } per acre of crop sanitized by
propane flaming;
(D) { + $10 per acre + } for acreage from which 100 percent of
the straw is removed and burned in stacks or piles { + ; and + }
{ - : - }
{ - (i) $2 per acre from January 1, 1992, to December 31,
1997; - }
{ - (ii) $4 per acre in 1998; - }
{ - (iii) $6 per acre in 1999; - }
{ - (iv) $8 per acre in 2000; and - }
{ - (v) $10 per acre in 2001 and thereafter; and - }
(E) For acreage from which less than 100 percent of the straw
is removed and burned in stacks or piles, the same per acre as
the fee imposed under subparagraph (D) of this paragraph, but
with a reduction in the amount of acreage for which the fee is
charged by the same percentage as the reduction in the amount of
straw to be burned.
(d) The fee required by paragraph (b) of this subsection shall
not be charged for any acreage where efficient burning of stubble
is accomplished with equipment certified by the department for
field sanitizing purposes or with any other certified alternative
method to open field burning, propane flaming or stack or pile
burning. The fee required by paragraph (b) of this subsection
shall not be charged for any acreage not harvested prior to
burning or for any acreage not burned.
(2) { + (a) + } All fees collected under this section shall be
deposited in the State Treasury to the credit of the Department
of Agriculture Service Fund. Such moneys are continuously
appropriated to the State Department of Agriculture for the
purpose of carrying out the duties and responsibilities carried
out by the State Department of Agriculture pursuant to the
memorandum of understanding established under ORS 468A.585.
{ + Upon a request from the Environmental Quality Commission,
the State Department of Agriculture shall transfer from the fund
to the commission moneys sufficient for the commission to carry
out its duties specified in ORS 468A.610 (10), (11) and (12). + }
{ + (b) The State Department of Agriculture by rule may
increase the fees required under this section as needed to carry
out its duties and responsibilities pursuant to the memorandum of
understanding established under ORS 468A.585, provided that the
fees do not exceed the costs of the State Department of
Agriculture in operating all of the field burning program. + }
(3) It is the intention of the Legislative Assembly that the
programs for smoke management, air quality monitoring and the
enforcement of rules under ORS 468A.550 to 468A.620 and 468A.992
be operated in a manner that maximizes the resources available
for the research and development program. Therefore, with regard
to the disbursement of funds collected under subsection (1) of
this section, the State Department of Agriculture shall act in
accordance with the intent of the Legislative Assembly and shall:
(a) Pay an amount to the county or board of county
commissioners or the fire chief of the rural fire protection
district or other responsible person, for each fire protection
district, $1 per acre registered for each of the first 5,000
acres registered for open field burning and propane flaming in
the district, 75 cents per acre registered for each of the second
5,000 acres registered in the district and 35 cents per acre
registered for all acreage registered in the district in excess
of 10,000 acres, to cover the cost of and to be used solely for
the purpose of administering the program of registration of
acreage to be burned, issuance of permits, keeping of records and
other matters directly related to agricultural field burning. For
each acre from which straw is removed and burned in stacks or
piles, the State Department of Agriculture shall pay to the
county or board of county commissioners, or the fire chief of the
rural fire protection district or other responsible person, 25
cents per acre.
(b) Designate an amount to be used for the smoke management
program. The State Department of Agriculture by contract with the
Oregon Seed Council or otherwise shall organize rural fire
protection districts and growers, coordinate and provide
communications, hire ground support personnel, provide aircraft
surveillance and provide such added support services as are
necessary.
(c) Retain funds for the operation and maintenance of the
Willamette Valley field burning air quality impact monitoring
network and to insure adequate enforcement of rules established
by the Environmental Quality Commission governing standards of
practice for open field burning, propane flaming and stack or
pile burning.
{ - (d) Of the remaining funds, designate an amount to be
used for additional funding for research and development
proposals described in the plan developed pursuant to section 15,
chapter 920, Oregon Laws 1991. - }
SECTION 10. ORS 468A.620 is amended to read:
468A.620. (1) { - Notwithstanding the provisions of ORS
468A.610, - } For the purpose of improving by demonstration or
investigation the environmental or agronomic effects of
alternative methods of field sanitization, the Environmental
Quality Commission shall by rule allow experimental field
sanitization under the direction of the Department of
Environmental Quality for up to 1,000 acres of perennial grass
seed crops, annual grass seed crops and grain crops in such areas
and for such periods of time as { - it - } { + the
commission + } considers necessary. Experimental field
sanitization includes but is not limited to:
(a) Development, demonstration or training personnel in the use
of special or unusual field ignition techniques or methodologies.
(b) Setting aside times, days or areas for special studies.
(c) Operation of experimental mobile field sanitizers and
improved propane flaming devices.
(d) Improved methods of stack or pile burning.
(2) The commission may allow open burning under this section of
acreage for which permits have not been issued under ORS
{ - 468A.610 - } { + 468A.575 + } if the commission finds
that the experimental burning:
(a) Can, in theory, reduce the adverse effects on air quality
or public health from open field burning; and
(b) Is necessary in order to obtain information on air quality,
public health or the agronomic effects of an experimental form of
field sanitization.
(3) The commission may, by rule, establish fees, registration
requirements and other requirements or limitations necessary to
carry out the provisions of this section.
SECTION 11. { + Section 8 of this 2009 Act and the amendments
to ORS 468A.560, 468A.575, 468A.580, 468A.585, 468A.595,
468A.610, 468A.615 and 468A.620 by sections 1 to 6, 9 and 10 of
this 2009 Act apply to all open field burning, propane flaming
and stack or pile burning occurring on or after the effective
date of this 2009 Act. + }
SECTION 12. { + This 2009 Act shall be submitted to the people
for their approval or rejection at the next regular general
election held throughout this state. + }
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