Bill Text: OR HB2621 | 2013 | Regular Session | Introduced

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

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Bill Title: Relating to pesticide use at community colleges; and declaring an emergency.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2013-05-28 - Chapter 241, (2013 Laws): Effective date May 28, 2013. [HB2621 Detail]

Download: Oregon-2013-HB2621-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1503

                         House Bill 2621

Sponsored by Representative CLEM (at the request of Oregon
  Community College Association) (Presession filed.)

                             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.

  Exempts use of pesticides at community college for scientific
research or academic instruction from integrated pest management
plan restrictions.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to pesticide use at community colleges; creating new
  provisions; amending ORS 634.700; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS 634.700 to 634.750. + }
  SECTION 2.  { + ORS 634.700 to 634.750 do not limit or prohibit
the use of pesticides at a community college for purposes of
scientific research or academic instruction. + }
  SECTION 3. ORS 634.700 is amended to read:
  634.700. As used in ORS 634.700 to 634.750:
  (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 ORS
634.705 (5).
  (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 bacterium, 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 { + , for the
community college's own buildings and ground maintenance + };
  (e) The Oregon School for the Deaf; and
  (f) A regional residential academy operated by the Oregon Youth
Authority.
  SECTION 4.  { + 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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