Bill Text: OR HB2122 | 2011 | Regular Session | Enrolled
Bill Title: Relating to firewood; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2011-06-21 - Chapter 439, (2011 Laws): Effective date June 21, 2011. [HB2122 Detail]
Download: Oregon-2011-HB2122-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2122
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Governor John A. Kitzhaber for State
Department of Agriculture)
CHAPTER ................
AN ACT
Relating to firewood; and declaring an emergency.
Whereas invasive forest pests and disease cause millions of
dollars in damage annually to the forest industries, residential
structures and public lands of the United States; and
Whereas it is desirable to reduce the risk of introducing
invasive pests and diseases into Oregon forests; and
Whereas preventing the introduction of pests that have become
established outside of the Pacific Northwest into Oregon can be
furthered through the creation of labeling and treatment
requirements for firewood; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section:
(a) 'Firewood' means whole or split pieces of wood that are:
(A) Less than 48 inches in length; and
(B) In a form commonly used for burning in campfires, stoves or
fireplaces.
(b) 'Invasive species' has the meaning given that term in ORS
570.755.
(2) A person may not transport into or within this state
firewood for personal use or sale at, or delivery to, a
destination in this state unless:
(a) The firewood is harvested from a source located in this
state, Idaho or Washington; or
(b) The firewood has been treated in a manner prescribed by the
State Department of Agriculture.
(3) A person may not sell firewood within this state unless:
(a) The firewood is harvested from a source located in this
state, Idaho or Washington; or
(b) The firewood is labeled as required by the department and
the seller can provide documentation that the firewood has been
treated as prescribed by the department.
(4)(a) Persons that transport or supply firewood in this state
for other than personal use that is harvested from a source
outside of this state, Idaho or Washington shall maintain
records, certificates or other documents as required by the
department. Persons that sell firewood in this state that is
harvested from a source outside of this state, Idaho or
Washington shall maintain records, certificates or other
documents as required by the department.
Enrolled House Bill 2122 (HB 2122-ACCA) Page 1
(b) The records, certificates or other documents of a person
described in paragraph (a) of this subsection that transports or
supplies firewood in this state must include, but need not be
limited to, information regarding the source of the firewood, any
treatment of the firewood and the disposition of the firewood.
The records, certificates or other documents of a person
described in paragraph (a) of this subsection that sells firewood
must include, but need not be limited to, information regarding
the source and supplier of the firewood. The department shall
adopt rules establishing the required retention time for the
records, certificates or documents.
(c) The department may inspect the records, certificates and
other documents described in paragraph (b) of this subsection and
the inventory and facilities of a person that transports firewood
or of a firewood supplier or seller at any time during reasonable
business hours and may take samples for purposes of detecting
invasive species.
(5) In addition to any other requirement of this section, if
firewood is harvested from a source in an area of this state,
Idaho or Washington that is subject to a state or federal
quarantine for the control of a plant disease or pest, any
harvesting, treating, transporting, supplying or selling of the
firewood must be performed in conformance with the quarantine.
(6) The department shall adopt rules for carrying out this
section. + }
SECTION 2. { + Violation of section 1 of this 2011 Act or a
State Department of Agriculture rule adopted under section 1 of
this 2011 Act is punishable by a civil penalty, not to exceed
$10,000. The imposition of a civil penalty under this section is
subject to ORS 183.745. Any civil penalty recovered under this
section shall be deposited in the Invasive Species Control
Account established under ORS 570.810. + }
SECTION 3. { + (1) Section 1 of this 2011 Act applies to the
transportation into this state or other supplying of firewood,
and to the wholesale selling of firewood, that occurs on or after
January 1, 2013. Section 1 of this 2011 Act applies to the
selling of firewood that a retail seller acquires from a supplier
or wholesale seller on or after January 1, 2013.
(2) The State Department of Agriculture shall complete the
adoption under section 1 of this 2011 Act of temporary or
permanent initial rules to regulate the transportation into this
state and other supplying of firewood and to regulate the
wholesale and retail sale of firewood in time for the rules to
become effective on January 1, 2013. + }
SECTION 4. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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Enrolled House Bill 2122 (HB 2122-ACCA) Page 2
Passed by House February 23, 2011
Repassed by House June 7, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate May 5, 2011
Repassed by Senate June 8, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2122 (HB 2122-ACCA) Page 3
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2122 (HB 2122-ACCA) Page 4
