Bill Text: OR HB3364 | 2013 | Regular Session | Introduced

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

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Bill Title: Relating to integrated pest management; and declaring an emergency.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Passed) 2013-06-04 - Chapter 289, (2013 Laws): Effective date June 4, 2013. [HB3364 Detail]

Download: Oregon-2013-HB3364-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 2547

                         House Bill 3364

Sponsored by Representative KENY-GUYER, Senator MONNES ANDERSON;
  Representatives BARNHART, GREENLICK, HOLVEY, LIVELY, Senators
  BURDICK, STEINER HAYWARD

                             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.

  Amends list of state agencies and public universities required
to adopt integrated pest management practices.  Establishes
Interagency Integrated Pest Management Coordinating Committee
consisting of state agencies and public universities required to
implement integrated pest management practices and of two public
members. Requires committee to adopt definitions and policies and
to create model integrated pest management plan based on
definitions and policies. Makes definitions and policies adopted
by committee mandatory for integrated pest management plans of
state agencies and public universities required to implement pest
management practices. Establishes requirements for integrated
pest management plan coordinators, giving of notice regarding
pesticide applications and keeping of pesticide application
records. Requires state agencies and public universities to
report to committee biennially regarding integrated pest
management plan activities. Requires committee to report every
four years to legislative committee dealing with environmental
issues.

                        A BILL FOR AN ACT
Relating to integrated pest management; creating new provisions;
  and amending ORS 452.010, 634.122, 634.650, 634.660 and
  634.665.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 to 6 of this 2013 Act are added to
and made a part of ORS 634.650 to 634.665. + }
  SECTION 2.  { + (1) There is established the Interagency
Integrated Pest Management Coordinating Committee. The committee
membership shall be composed of:
  (a) The integrated pest management coordinators for each state
agency and public university listed under ORS 634.660;
  (b) A public member appointed by the Governor and having
expertise in environmental health protection; and
  (c) A public member appointed by the Governor and having
experience as an environmental justice advocate.
  (2) The integrated pest management coordinator for Oregon State
University shall act as administrator for the committee. The
College of Agricultural Sciences at Oregon State University shall
provide staff support services for the committee. The committee
shall meet twice yearly in meetings conducted by the committee
administrator.
  (3) The committee may accept any gifts, grants or other moneys
from public or private sources for any purpose consistent with
the duties, functions and powers of the committee and the laws
administered by the committee. Any moneys received by the
committee shall be placed in a separate account of the Oregon
University System Fund and dedicated to use as determined by the
committee administrator for the carrying out of committee
functions under ORS 634.650 to 634.665. + }
  SECTION 3.  { + (1) The Interagency Integrated Pest Management
Coordinating Committee shall develop integrated pest management
plan definitions and policies that reflect the best available
evidence regarding the achievement of effective pest control
using least-toxic methodologies. The committee may periodically
update the definitions and policies to reflect changes in the
best available evidence. The committee shall use the definitions
and policies to create a suggested model for the integrated pest
management plans of the state agencies and public universities
listed under ORS 634.660. The committee shall design the
definitions and policies to improve the effectiveness and
efficiency of integrated pest management plans by:
  (a) Coordinating the pest management efforts of state agencies
and public universities;
  (b) Coordinating suppression and prevention efforts under
integrated pest management plans with efforts conducted under
other mandatory or voluntary programs and strategies for the
reduction of toxicity in the environment or for health
protection;
  (c) Setting goals for reducing reliance on pesticides in favor
of less toxic alternatives;
  (d) Discouraging the purchase or storage of highly toxic
pesticides; and
  (e) Encouraging consistency and uniformity among state agency
and public university integrated pest management plans and
recommending legislative changes to reduce the presence of toxic
pesticides in the environment.
  (2) The model definitions and policies adopted by the committee
shall be mandatory for all state agencies and public universities
listed under ORS 634.660. The state agencies and public
universities shall use the definitions and policies adopted by
the committee to develop and implement integrated pest management
plans that are designed to:
  (a) Protect staff and public users of state agency property or
staff, faculty, students and public users of public university
campuses by reducing the presence and toxicity of pesticides;
  (b) Minimize or eliminate environmental impacts and adverse
health impacts on children, pregnant women, other individuals and
communities from pesticide exposure and accumulation;
  (c) Safeguard air and water quality, land, wildlife and other
natural resources; and
  (d) Reduce or, if possible, eliminate hazardous chemicals and
toxic materials in operations and maintenance.
  (3) In carrying out its duties under subsection (1) of this
section, the committee may coordinate efforts with or consult or
cooperate with any other governmental or private entities engaged
in efforts designed to reduce the presence of pesticides in the
environment or to measure or monitor pesticide levels.
  (4) Every state agency and public university listed under ORS
634.660 shall report biennially to the committee administrator.
The report shall include, but need not be limited to, any changes
in the integrated pest management plan of the state agency or
public university, the number of pest management suppression and
prevention efforts requiring the use of pesticides, the amount of
pesticide applied, and any measures taken to reduce human health
or environmental impacts during the application of pesticides.
  (5) The committee administrator shall report as provided under
ORS 192.235 to 192.245 every four years to a committee of the
Legislative Assembly dealing with environmental matters. The
report shall include, but need not be limited to, a quantitative
and qualitative analysis of the effectiveness of the integrated
pest management definitions and policies adopted by the committee
as evidenced by environmental outcome measurements and an
environmental health benefits analysis. + }
  SECTION 4.  { + (1) Each state agency and public university
listed under ORS 634.660 shall adopt policies and processes for
ensuring that the integrated pest management plan coordinator for
the state agency or public university, or a designee of the
coordinator, gives affected staff and public users of state
agency property or affected staff, faculty, students and public
users of a public university campus notice of a proposed
pesticide application to a state agency property or public
university campus.
  (2) Except as provided in this subsection, the plan coordinator
or designee must give a pesticide application notice in a manner
reasonably calculated to reach the intended recipient at least 24
hours before the pesticide application occurs. The manner of
notice must include, but need not be limited to, the use of
available means of electronic communication and posting on a
website for the state agency or public university. A notice must
identify the name, trademark or type of pesticide products, the
registration number assigned to each of the pesticide products,
the expected area of application, the expected date of
application and the reason for the application. If a pest
emergency makes it impracticable to give a pesticide application
notice at least 24 hours before the pesticide application occurs,
the plan coordinator or designee shall send the notice no later
than 24 hours after the application occurs.
  (3) Except as provided in this subsection, if a pesticide is
applied to a state agency property listed in ORS 634.660 or to a
public university campus that is subject to ORS 634.660, and the
state agency property or public university campus may reasonably
be expected to be accessed by staff or public users of state
agency property or staff, faculty, students or public users of a
public university campus, the plan coordinator or a designee of
the coordinator shall place warning signs around pesticide
application areas beginning no later than 24 hours before the
application occurs and ending no earlier than 72 hours after the
application occurs. A warning sign must bear the words 'Warning:
pesticide-treated area,' give the expected or actual date and
time for the application and provide the telephone number of a
contact person. If a pest emergency makes it impracticable to
place the warning signs at least 24 hours before the pesticide
application, the plan coordinator or designee shall place the
signs as soon as practicable but no later than at the time the
application occurs. This subsection does not apply to state
agency property owned, operated or controlled by the State
Forestry Department.
  (4) Failure to give notice or post warnings as required by this
section does not create a cause of action for damages and may not
be asserted as the basis for a per se negligence claim. + }
  SECTION 5.  { + (1) If a pesticide is applied to a state agency
property listed in ORS 634.660 or to a public university campus
subject to ORS 634.660, the integrated pest management plan
coordinator or a designee of the coordinator shall keep the
labeling information and material data safety sheet for the
pesticide on file at the nearest office of the state agency or at
the local administration office for the university. The plan
coordinator or designee shall record and make available the
following information:
  (a) The brand name or trademark of the pesticide product;

  (b) The United States Environmental Protection Agency
registration number assigned to the pesticide product;
  (c) The pest condition that prompted the application;
  (d) A description of the area of the building, facility,
grounds or campus where the application occurred;
  (e) The approximate amount and concentration of pesticide
product applied;
  (f) The type of application and whether the application proved
effective;
  (g) The pesticide applicator or public applicator license
numbers and pesticide trainee or public trainee certificate
numbers of the persons applying the pesticide;
  (h) The names of the persons applying the pesticide;
  (i) The dates on which the plan coordinator gave any notices
required by section 4 of this 2013 Act; and
  (j) The dates and times for the placement and removal of
warning signs under section 4 of this 2013 Act.
  (2) Pesticide application records must include copies of all
notices given under section 4 of this 2013 Act.
  (3) A state agency or public university shall retain pesticide
application records required by this section for at least four
years following the application date.
  (4) A state agency listed under ORS 634.660 or public
university that is subject to ORS 634.660 shall adopt a procedure
for responding to inquiries from interested parties regarding the
integrated pest management program of the state agency or public
university or regarding a pesticide application and for
responding to complaints regarding possible violations of the
integrated pest management plan. + }
  SECTION 6.  { + ORS 634.650 to 634.665 do not limit or prohibit
the use of pesticides in scientific or academic instruction at a
research facility that has procedures, permitting and reporting
requirements in place. The use of pesticides at a research
facility for maintenance or site management purposes is subject
to ORS 634.650 to 634.665. + }
  SECTION 7. ORS 634.650 is amended to read:
  634.650. As used in ORS 634.650 to 634.665:
    { - (1) 'Integrated pest management' means a coordinated
decision-making and action process that uses the most appropriate
pest control methods and strategy in an environmentally and
economically sound manner to meet agency pest management
objectives. The elements of integrated pest management
include: - }
    { - (a) Preventing pest problems; - }
    { - (b) Monitoring for the presence of pests and pest
damage; - }
    { - (c) Establishing the density of the pest population,
which may be set at zero, that can be tolerated or correlated
with a damage level sufficient to warrant treatment of the
problem based on health, public safety, economic or aesthetic
thresholds; - }
    { - (d) Treating pest problems to reduce populations below
those levels established by damage thresholds using strategies
that may include biological, cultural, mechanical and chemical
control methods and that shall consider human health, ecological
impact, feasibility and cost effectiveness; and - }
    { - (e) Evaluating the effects and efficacy of pest
treatments. - }
   { +  (1) 'Integrated pest management plan' means a proactive
strategy that:
  (a) Focuses on the long-term prevention or suppression of pest
problems through coordinated approaches that:
  (A) Maintain pest populations below action threshold levels
while ensuring minimal human exposure to health risks, inflicting
minimal hazards on the environment, encouraging the least use of
chemical pesticides possible and providing for effective
monitoring through inspections and standardized record keeping on
the evaluation of pest management practices;
  (B) Protect the health and safety of staff and public users of
state agency property or of staff, faculty, students and public
users of a public university campus;
  (C) Protect the integrity of buildings and facilities on state
agency property or public university campus;
  (D) Maintain a healthy and productive work environment; and
  (E) Protect local ecosystem health;
  (b) Focuses on the prevention of pest problems by working to
reduce or eliminate conditions of real 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 employee education about sanitation, monitoring
and inspection and about pest control measures;
  (j) Reduces or, if possible, eliminates hazardous chemicals and
toxic materials in operations and maintenance;
  (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.
  (2) 'Low-impact pesticide' means a product that:
  (a) Does not contain a pesticide product or active ingredient
that has the signal words 'warning' or 'danger' on the label;
  (b) Does not contain a pesticide product classified as a human
carcinogen or probable human carcinogen under the United States
Environmental Protection Agency 1986 Guidelines for Carcinogen
Risk Assessment;
  (c) Does not contain a pesticide product classified as
carcinogenic to humans or likely to be carcinogenic to humans
under the United States Environmental Protection Agency 2003
Draft Final Guidelines for Carcinogen Risk Assessment;
  (d) Has been determined to have a low toxicity to fish,
animals, beneficial insects and nontargeted aquatic and
terrestrial plants; and
  (e) Has been determined to have a low potential for groundwater
contamination, volatilization and drift. + }
    { - (2) - }  { +  (3) + } 'Pest' means any vertebrate or
invertebrate animal, pathogen, parasitic plant, weed or similar
or allied organism which can cause disease or damage to crops,
trees, shrubs, grasses or other plants, humans, animals or
property.
   { +  (4) 'Pest emergency' means an urgent need to eliminate or
mitigate a pest situation that threatens:

  (a) The health or safety of employees, students, visitors and
other persons on state agency property or a public university
campus; or
  (b) The structural integrity of a building or facility. + }
   { +  (5) 'Public university campus' means the buildings, other
structures, grounds, athletic fields and parking lots of a public
university listed in ORS 352.002, university sponsored housing
and any other areas on university property that are accessed by
students, families of students, faculty, staff or the general
public on a regular basis. + }
   { +  (6) 'State agency property' means the buildings,
facilities, grounds, parking lots, roadways, rights-of-way,
resources and natural areas and parks that are owned, occupied or
controlled by a state agency. + }
  SECTION 8. ORS 634.660 is amended to read:
  634.660. Each of the following   { - state agencies - }  shall
implement integrated pest management practices when carrying out
  { - the agency's - }  duties related to pest control:
  (1) State Department of Agriculture, including the control of
noxious weeds.
  (2) State Department of Fish and Wildlife.
  (3) Department of Transportation.
  (4) State Parks and Recreation Department.
  (5) State Forestry Department.
  (6) Department of Corrections.
  (7) Oregon Department of Administrative Services.
  (8) The Department of State Lands.
   { +  (9) The Invasive Species Council.
  (10) The Department of Environmental Quality.
  (11) The Oregon Health Authority. + }
    { - (9) - }  { +  (12) + } Each public university listed in
ORS 352.002, for the public university's own building and grounds
maintenance.
  SECTION 9. ORS 634.665 is amended to read:
  634.665. (1) Each state agency   { - or institution - }  listed
under ORS 634.660 { +  or public university that is subject to
ORS 634.660 + } shall provide  { + at least six hours of + }
integrated pest management training  { + yearly + } for employees
responsible for pest management.  { + The training shall include
at least a general review of integrated pest management
principles and the requirements of ORS 634.650 to 634.665. + }
  (2) Each state agency   { - or institution - }  listed under
ORS 634.660 { +  or public university that is subject to ORS
634.660 + } shall designate an integrated pest management
 { + plan + } coordinator. The integrated pest management
 { + plan + } coordinator shall manage the integrated pest
management program of the  { + state + } agency or
  { - institution - }  { +  public university + }.
   { +  (3) A plan coordinator must be a state employee or an
independent contractor. Each state agency listed under ORS
634.660 or public university that is subject to ORS 634.660 shall
have the services of at least one integrated pest management plan
coordinator. A plan coordinator may serve more than one state
agency or public university. The responsibilities of the plan
coordinator shall include, but need not be limited to:
  (a) Giving notice and posting warnings under section 4 of this
2013 Act;
  (b) Overseeing pest prevention efforts;
  (c) Providing for the identification and evaluation of pest
situations;
  (d) Determining the means of appropriately managing pest damage
that will cause the least possible hazard to people, property and
the environment;
  (e) Ensuring the proper and lawful performance of pesticide
applications;
  (f) Evaluating pest management results;
  (g) Keeping records as required by section 5 of this 2013 Act;
and
  (h) If the state agency or public university leases part of a
building, facility, grounds or campus to another party, providing
outreach to the lessee concerning compliance with the state
agency or public university integrated pest management plan. + }
  SECTION 10. ORS 452.010 is amended to read:
  452.010. As used in this section and ORS 452.020 to 452.300,
unless the context requires otherwise:
  (1) 'County court' includes board of county commissioners.
  (2) 'District' means a vector control district established for
the prevention, control or eradication of public health vectors
and predatory animals.
  (3) 'Health officer' means the health officer appointed under
ORS 431.418.
  (4) 'Integrated pest management methods' means   { - the
processes described in ORS 634.650 (1). - }  { +  a coordinated
decision-making and action process that uses the most appropriate
pest control methods and strategy in an environmentally and
economically sound manner to meet site-specific management
objectives. As used in this subsection, 'most appropriate' means
methods that ensure minimal human exposure to health risks and,
where possible, minimal infliction of hazards on the environment
through the use of low-impact pesticides as defined in ORS
634.650. + }
  (5) 'Pesticide use plan' means an annual plan created by a
vector control district or a county court that describes
anticipated pesticide use.
  (6) 'Predatory animals' has the meaning given that term in ORS
610.002.
  (7) 'Public health vectors' means arthropods and vertebrates of
public health significance and those insects included within the
family Chironomidae of the order Diptera. The term does not
include any domesticated animal.
  (8) 'Vector habitat' means any area where public health vectors
are found.
  SECTION 11. ORS 634.122 is amended to read:
  634.122. (1) An applicant for a pesticide applicator's license
is entitled to be examined for or to be issued a license or
supplements thereto by the State Department of Agriculture, if
the applicant:
  (a) Is at least 18 years of age; and
  (b) Proves to the satisfaction of the department that the
applicant:
  (A) Has had experience as a pesticide trainee for the minimum
period and in the manner prescribed by the department;
  (B) Has educational qualifications, experience or training
which is equal to the minimum standards and requirements
established by the department; or
  (C) Has been licensed in Oregon as a pesticide applicator and
actively engaged in such work during the prior license period, as
shall be prescribed by the department.
  (2) An applicant for a pesticide applicator's license shall be
required to demonstrate satisfactorily by written examination or
any reexamination given by the department, an adequate knowledge
of:
  (a) The characteristics of pesticides and the effect of their
application to particular crops.
  (b) The practices of application of pesticides.
  (c) The conditions and times of application of pesticides and
the precautions to be taken in connection therewith.
  (d) The applicable laws and rules relating to pesticides and
their application in this state.
  (e) Integrated pest management   { - techniques, as defined in
ORS 634.650, for pest control - }  { +  plan definitions and
policies adopted under section 3 of this 2013 Act + }.
  (f) Other requirements or procedures which will be of benefit
to and protect the pesticide applicator, the persons who use the
services of the pesticide applicator and the property of others.
  (3) Based upon the license application and the request of the
applicant, the department may examine the applicant only in any
one or more of the classes of pest control or pesticide
application businesses established by the department under ORS
634.306 (2).
  (4)(a) A pesticide applicator license fee shall be established
by the department not to exceed $50 for the first class of pest
control or pesticide application business as prescribed in ORS
634.306 (2) and not to exceed $7.50 for each additional class.
  (b) After a person makes first application for a license or
renewal thereof for a specific license period, if later during
the same license period such person desires to engage in
additional classes of pest control or pesticide application
business as prescribed in ORS 634.306 (2), such person shall pay
the fee for each additional class established by the department
not to exceed $12.50.
  (5) Examinations or reexaminations for pesticide applicator's
licenses shall be given by the department at such time and in any
of its branch offices or other locations it deems expedient, and
shall be under the supervision of its employees or appointees.
The department is authorized to:
  (a) Appoint without pay or reimbursement, employees of other
state agencies who are authorized to give examinations.
  (b) Prepare and maintain various types of examinations and
types and schedules of reexaminations and to take all other
measures deemed necessary to insure that persons receiving
passing grades thereto have been fairly and reasonably tested as
to their ability and that there have been no fraudulent or
dishonest means used by the applicants in applying for or in the
taking of examinations or reexaminations.
  (6) If it verifies an applicant has received a passing grade on
the examination or reexamination and otherwise has complied with
the provisions of this chapter, the department shall issue a
pesticide applicator's license.
  (7) Each person who has failed to receive a passing grade or
for other reasons was not issued a license as a result of an
examination or reexamination given by the department, shall pay
$5 to partially reimburse the department for its costs to
administer each reexamination to the applicant.
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