Bill Text: OR HB2427 | 2013 | Regular Session | Enrolled
Bill Title: Relating to canola; appropriating money; and declaring an emergency.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2013-08-14 - Chapter 724, (2013 Laws): Effective date August 14, 2013. [HB2427 Detail]
Download: Oregon-2013-HB2427-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2427
Sponsored by Representative GELSER, Senator EDWARDS,
Representative HOYLE; Representatives BARNHART, HOLVEY,
NATHANSON, TOMEI (Presession filed.)
CHAPTER ................
AN ACT
Relating to canola; appropriating money; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section:
(a) 'Canola' means plants of the genus Brassica:
(A) In which seeds having a high oil content are the primary
economically valuable product; and
(B) That have a high erucic acid content suitable for
industrial uses or a low erucic acid content suitable for edible
oils.
(b) 'Raising' means personal or commercial growing for oil,
seed, forage, cover crop or other use.
(c) 'Willamette Valley Protected District' means the area
encompassed within a rectangle formed by the point in Tillamook
County that is the northwest corner of township 1 north, range 6
west, the point in Multnomah County that is the most northeastern
point of township 1 north, range 2 east within Oregon, the point
in Lane County that is the southeast corner of township 19 south,
range 2 east and the point in Lane County that is the southwest
corner of township 19 south, range 6 west.
(2) The amount of canola planted per year within the Willamette
Valley Protected District may not exceed 500 acres. Any canola
grown within the protected district must be grown for the purpose
of allowing the College of Agricultural Sciences of Oregon State
University to carry out the research duties of the college under
section 4 of this 2013 Act. Any growing of canola within the
protected district is subject to prior approval by the State
Department of Agriculture.
(3) The department may assess a civil penalty, not to exceed
$25,000, against a person that raises canola in violation of
subsection (2) of this section. + }
SECTION 2. { + Section 1 of this 2013 Act applies to the
growing of canola planted on or after the effective date of this
2013 Act. + }
SECTION 3. { + Section 1 of this 2013 Act is repealed on
January 2, 2019. + }
SECTION 4. { + (1) As used in this section, 'Willamette Valley
Protected District' has the meaning given that term in section 1
of this 2013 Act.
Enrolled House Bill 2427 (HB 2427-B) Page 1
(2) Subject to the Willamette Valley Protected District
production cap established in section 1 (2) of this 2013 Act, the
State Department of Agriculture may authorize the growing of
canola to allow the College of Agricultural Sciences of Oregon
State University to carry out the research duties of the college
under this section. Any authorization for the growing of canola
under this section must be limited to canola crop production
cycles that are completed prior to January 1, 2017.
(3) Canola may be grown for purposes of research under this
section only if the isolation distance between the canola and
other crops equals or exceeds the industry-recommended isolation
distance between Brassica specialty seed crops and other crops.
(4)(a) The college shall use field monitoring and other
research to develop information and recommendations regarding
whether, and under what conditions, canola growing in the
Willamette Valley Protected District is compatible with the
growing of other crops. The information must include, but not be
limited to, a comparison of the compatibility of canola with the
growing of other crops to the compatibility of other Brassica
seed with the growing of other crops. The assessment shall
include, but not be limited to, a review of available published
materials and historical data on canola and Brassica specialty
seed production.
(b) In addition to any other required content, the information
and recommendations described in paragraph (a) of this subsection
must include, but not be limited to, a map of the Willamette
Valley Protected District showing the places within the district
where plants of the genus Brassica could be grown while
maintaining typical isolation distances from vegetables,
vegetable seeds and other crops.
(5) All research described in subsection (4) of this section
must be peer reviewed.
(6) The college shall complete its research under this section
and submit a report containing information and recommendations as
described in subsection (4) of this section to an interim
committee of the Legislative Assembly dealing with agriculture no
later than November 1, 2017. + }
SECTION 5. { + To the extent that the College of Agricultural
Sciences of Oregon State University deems practicable, the
college shall conduct field monitoring on the acreage that has
been used to grow canola for purposes of research under section 4
of this 2013 Act, and on adjacent lands used for the research,
for a period of five years after completing the research.
Monitored areas adjacent to the acreage that has been used to
grow canola must include, but need not be limited to, fields
planted in forage turnip seed crops, tillage radish seed crops
and Brassica specialty seed crops. Any monitoring of acreage that
has been used to grow canola or of fields planted in forage
turnip seed and radish seed crops must include monitoring for
volunteer plants, diseases and insects. Any monitoring of fields
planted with Brassica specialty seed crops, other than acreage
that has been used to grow canola, must include monitoring for
diseases and insects. + }
SECTION 6. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Oregon Department of
Administrative Services for allocation to the Oregon University
System, for the biennium beginning July 1, 2013, out of the
General Fund, the amount of $679,000, which may be expended for
carrying out the duties of the College of Agricultural Sciences
Enrolled House Bill 2427 (HB 2427-B) Page 2
of Oregon State University under sections 4 and 5 of this 2013
Act. + }
SECTION 7. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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Passed by House June 25, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate July 1, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2427 (HB 2427-B) Page 3
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2427 (HB 2427-B) Page 4
