Bill Text: OR HB2122 | 2011 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

SA to HB 2122

LC 615/HB 2122-5

                      SENATE AMENDMENTS TO
                         HOUSE BILL 2122

        By COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES

                              May 2

  On page 1 of the printed bill, after line 2, insert:
  ' 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,'.
  Delete lines 4 through 27 and delete page 2 and insert:
  '  { +  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.
  ' (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) 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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