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


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-Enrolled.html


     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         House Bill 3364

Sponsored by Representative KENY-GUYER, Senators MONNES ANDERSON,
  EDWARDS; Representatives BARNHART, GORSEK, GREENLICK, HOLVEY,
  LIVELY, Senators BURDICK, MONROE, PROZANSKI, STEINER HAYWARD

                     CHAPTER ................

                             AN ACT

Relating to integrated pest management; creating new provisions;
  amending ORS 634.650, 634.660 and 634.665; and declaring an
  emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + Sections 2 and 3 of this 2013 Act are added to
and made a part of ORS 634.650 to 634.665. + }
  SECTION 2.  { + The Dean of the College of Agricultural
Sciences of Oregon State University shall appoint a faculty
member of the college who has administrative and technical
experience in integrated pest and production management matters
to act as the State Integrated Pest Management Coordinator. The
coordinator shall serve at the pleasure of the dean. + }
  SECTION 3.  { + (1) There is established an Integrated Pest
Management Coordinating Committee, consisting of:
  (a) The State Integrated Pest Management Coordinator;
  (b) The integrated pest management coordinator for each state
agency listed in ORS 634.660;
  (c) A representative of the Oregon University System, appointed
by the State Board of Higher Education; and
  (d) The integrated pest management coordinator for each public
university listed in ORS 352.002.
  (2) The State Integrated Pest Management Coordinator shall
chair the committee. The committee may elect a vice chair. The
committee may assign duties to the chair and vice chair and
provide them with the powers necessary to perform those duties.
  (3) A majority of the committee members is a quorum for the
purpose of conducting business. Action by the committee requires
approval by a majority of the committee members.
  (4) The committee shall meet three times per year at the call
of the chair for the purposes of:
  (a) Sharing information concerning the latest methods and
approaches to integrated pest management used to reduce the risks
posed by pests and concerning strategies related to pest
management;
  (b) Sharing information concerning program successes and
knowledge gained in the implementation of integrated pest
management programs;
  (c) Developing an adaptive management approach to the
improvement of integrated pest management by state agencies and
public universities;

Enrolled House Bill 3364 (HB 3364-A)                       Page 1

  (d) Identifying issues regarding risk reduction and evolving
innovative approaches to addressing the issues;
  (e) Reporting on, and developing a set of performance metrics
to adequately describe, state agency and public university
progress in implementing integrated pest management;
  (f) Sharing information concerning the integrated pest
management programs of each state agency or public university in
order to foster information exchange concerning the latest
technological advances and protocols and to promote a consistent
format for the programs;
  (g) Achieving reductions in risks from pests and from
strategies relating to pest management; and
  (h) Evaluating the need for notification of pesticide use and
the policies for notification as part of state agency and public
university integrated pest management programs.
  (5) In addition to the meetings required under subsection (4)
of this section, the committee may convene as the committee deems
appropriate for the purpose of coordinating state integrated pest
management efforts with the work of the Invasive Species Council.
The committee and the council shall jointly address the technical
and management approach challenges shared by programs to reduce
risks from pests and reduce threats from invasive species.
  (6) The committee may identify threats of common interest to
the committee and the council, determine the resources needed for
addressing the threats and provide the information to state
agencies and public universities.
  (7) The committee shall prepare a biennial report to an interim
committee of the Legislative Assembly relating to pest management
matters. The report shall describe the status of state agency and
public university integrated pest management programs.  The
committee shall biennially provide an opportunity for public
comment and input for the report. The report on the state agency
and public university integrated pest management programs shall
include, but need not be limited to:
  (a) A description of the meetings, if any, between the State
Integrated Pest Management Coordinator and state agencies or
public universities;
  (b) A description of the meetings of the committee;
  (c) A description of advances, innovations and training
activities in methodologies for reducing risks from pests;
  (d) A description of key problem matters, the approaches taken
to address the matters and concerns remaining outstanding;
  (e) Performance metric results for the implementation of
integrated pest management, including but not limited to state
agency and public university progress toward the goal of
protecting the economy, ecosystems and water quality of this
state and protecting the health and welfare of children, the
elderly and other members of the public;
  (f) The integrated pest management program status of each state
agency and public university that uses state-owned or leased
property;
  (g) Examples of cost-savings and expenditures resulting from
integrated pest management program implementation; and
  (h) Any recommendations for integrated pest management program
improvements, including but not limited to any proposals for
revising the definition of 'integrated pest management.  '
  (8)(a) The committee may seek funding from public or private
sources to enable the committee to develop pest risk and
integrated pest management metrics or to develop new
technologies, strategies and approaches for addressing specific

Enrolled House Bill 3364 (HB 3364-A)                       Page 2

pest threats.  Unless restricted by the donor, the committee may
use moneys donated under this subsection for any purpose
described in this subsection.
  (b) The State Department of Agriculture may accept funds
donated under this subsection on behalf of the committee. The
moneys shall be credited to a subaccount within the Department of
Agriculture Service Fund and, notwithstanding ORS 561.144 and
634.326, shall be dedicated for funding activities of the
committee. The Director of Agriculture shall draw warrants for
the issuance of payments from the account as authorized by vote
of a majority of the committee. + }
  SECTION 4. 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' means a science-based
decision-making process that:
  (a) Identifies and reduces risks from pests and from pest
management-related strategies;
  (b) Coordinates the use of pest biology, environmental
information and comprehensive technology to prevent unacceptable
levels of pest damage by economical means and poses the least
possible risk to people, property, resources and the environment;
and
  (c) Uses a pest management approach that focuses on the
prevention of pests through a combination of techniques that may
include, but need not be limited to:
  (A) Surveillance and monitoring;
  (B) Early detection and rapid response;
  (C) Mechanical control;
  (D) The selective use of pesticides;
  (E) Cultural practices;
  (F) Modified land management;
  (G) Biological controls;
  (H) Evaluation of the effects and efficacy of pest treatments;
and
  (I) Control practices selected and applied to achieve desired
pest management objectives in a manner that minimizes risks to
human health, nontarget organisms, native fish and wildlife
habitat, watersheds and the environment. + }

Enrolled House Bill 3364 (HB 3364-A)                       Page 3

  (2) '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.
  SECTION 5. ORS 634.660 is amended to read:
  634.660. Each of the following state agencies { +  or public
universities + } shall implement integrated pest management
practices when carrying out   { - the agency's - }  duties
 { + of the agency or public university + } 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) Department of Environmental Quality.
  (10) Oregon Health Authority. + }
    { - (9) - }  { +  (11) + } Each public university listed in
ORS 352.002, for the public university's own building and grounds
maintenance.
  SECTION 6. ORS 634.665 is amended to read:
  634.665. (1) Each state agency or   { - institution - }  { +
public university + } listed  { + or referred to + } under ORS
634.660 shall provide integrated pest management training for
employees responsible for pest management.
  (2) Each state agency or   { - institution - }  { +  public
university + } listed  { + or referred to + } under ORS 634.660
shall designate an integrated pest management coordinator. The
integrated pest management coordinator { + :
  (a) Must be a state or public university employee;
  (b) + } Shall manage the integrated pest management program of
the agency or   { - institution. - }  { +  public university; and
  (c) May serve more than one state agency or public
university. + }
  SECTION 7.  { + The Integrated Pest Management Coordinating
Committee shall submit the first biennial report required under
section 3 (7) of this 2013 Act no later than December 1,
2014. + }
  SECTION 8.  { + 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. + }
                         ----------

Enrolled House Bill 3364 (HB 3364-A)                       Page 4

Passed by House April 25, 2013

    .............................................................
                             Ramona J. Line, Chief Clerk of House

    .............................................................
                                     Tina Kotek, Speaker of House

Passed by Senate May 28, 2013

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 3364 (HB 3364-A)                       Page 5

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 3364 (HB 3364-A)                       Page 6
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