75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session

                            Enrolled

                         House Bill 3701

Sponsored by COMMITTEE ON ENVIRONMENT AND WATER

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

                             AN ACT

Relating to open burning in Linn County; creating new provisions;
  amending ORS 468A.610; and declaring an emergency.

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

  SECTION 1. ORS 468A.610 is amended to read:
  468A.610. (1) Except as provided under ORS 468A.620, no person
shall open burn or cause to be open burned, propane flamed or
stack or pile burned in the counties listed in ORS 468A.560,
perennial or annual grass seed crop residue or cereal grain crop
residue, unless the acreage has been registered under ORS
468A.615 and the permits required by ORS 468A.575, 476.380 and
478.960 have been obtained.
  (2) The maximum total registered acreage allowed to be open
burned per year pursuant to subsection (1) of this section shall
be:
  (a) For 2009, 20,000 acres.
  (b) For 2010 and thereafter, none.
  (3) The maximum total registered acreage allowed to be stack or
pile burned per year under subsection (1) of this section shall
be:
  (a) For 2009, 1,000 acres.
  (b) For 2010, 1,000 acres.
  (c) For 2011, 1,000 acres.
  (d) For 2012, 1,000 acres.
  (e) For 2013 and thereafter, none.
  (4) The maximum total registered acreage allowed to be propane
flamed per year under subsection (1) of this section in the
counties listed in ORS 468A.560 shall be:
  (a) For 2009, 500 acres.
  (b) For 2010, 500 acres.
  (c) For 2011, 500 acres.
  (d) For 2012, 500 acres.
  (e) For 2013 and thereafter, none.
  (5) Fields shall be prepared for propane flaming by removing
all loose straw or vacuuming, or prepared using other techniques
approved by rule by the commission, and propane equipment shall
satisfy best available technology.
  (6)(a) Notwithstanding the limitations set forth in subsection
(2) of this section, steep terrain and species identified by the
Director of Agriculture by rule shall not be included in the
maximum total of permitted acreage set forth in subsection (2) of
this section. The additional acreage allowed to be open burned
shall be 15,000 acres per year.

Enrolled House Bill 3701 (HB 3701-INTRO)                   Page 1

  (b) Steep terrain and species identified by the Director of
Agriculture by rule may not be open burned under the provisions
of this subsection in Benton and Lane Counties and in Linn
County, except for portions of northeast Linn County that are
east of  { + the North Santiam River and north of Jefferson-Scio
Drive and Robinson Drive to the west boundary of the City of
Scio + }   { - Stayton-Scio Road - } and north of Highway 226,
and portions of northeast Linn County that are east of Richardson
Gap Road and north of Fish Hatchery Drive.
  (7) Acreage registered to be open burned under this section may
be propane flamed at the registrant's discretion without
reregistering the acreage.
  (8) In the event of the registration of more than the maximum
allowable acres for open burning, propane flaming or stack or
pile burning in the counties listed in ORS 468A.560, the
commission, after consultation with the State Department of
Agriculture, by rule or order may assign priority of permits
based on soil characteristics, the crop type, terrain or
drainage. In no event may permits be issued for more than the
maximum acreage listed in subsections (2), (3), (4) and (6) of
this section.
  (9) Permits shall be issued under ORS 468A.575 and open
burning, propane flaming and stack or pile burning shall be
allowed for the maximum acreage specified in subsections (2),
(3), (4) and (6) of this section unless the daily determination
of suitability of meteorological conditions, regional or local
air quality conditions or other burning conditions requires that
a maximum number of acres not be burned on a given day.
  (10) Upon a finding of danger to public health or safety, the
commission may order temporary emergency cessation of all open
field burning, propane flaming and stack or pile burning in any
area of the counties listed in ORS 468A.560.
  (11)(a) Notwithstanding subsection (8) of this section, the
commission may by order permit emergency open burning, propane
flaming or stack or pile burning of up to 2,000 acres each
calendar year in addition to the acreage allowed under
subsections (2), (3), (4) and (6) of this section, if the
commission finds:
  (A) Extreme hardship due to disease outbreak or insect
infestation, as identified by the commission by rule, outweighs
the dangers to public health and safety from emergency open
burning, propane flaming or stack or pile burning;
  (B) Authorization of additional acreage does not result in open
burning, propane flaming or stack or pile burning of more acreage
than required to address the emergency;
  (C) Authorization of additional acreage is limited to the
calendar year in which the commission makes the required
findings; and
  (D) All emergency open burning, propane flaming or stack or
pile burning is otherwise consistent with ORS 468A.550 to
468A.620 and rules adopted under ORS 468A.550 to 468A.620.
  (b) The commission by rule may assess fees for the acreage
burned pursuant to this subsection. All fees collected under this
subsection shall be deposited in the State Treasury to the credit
of the Department of Agriculture Service Fund for the purpose
specified in ORS 468A.615 (2).
  (12) The commission shall act on any application for a permit
under ORS 468A.575 within 60 days of registration and receipt of
the fee required under ORS 468A.615.

Enrolled House Bill 3701 (HB 3701-INTRO)                   Page 2

  SECTION 2.  { + The amendments to ORS 468A.610 by section 1 of
this 2010 Act apply to open burning occurring on or after the
effective date of this 2010 Act. + }
  SECTION 3.  { + This 2010 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2010 Act takes effect on its
passage. + }
                         ----------

Passed by House February 16, 2010

      ...........................................................
                                             Chief Clerk of House

      ...........................................................
                                                 Speaker of House

Passed by Senate February 20, 2010

      ...........................................................
                                              President of Senate

Enrolled House Bill 3701 (HB 3701-INTRO)                   Page 3

Received by Governor:

......M.,............., 2010

Approved:

......M.,............., 2010

      ...........................................................
                                                         Governor

Filed in Office of Secretary of State:

......M.,............., 2010

      ...........................................................
                                               Secretary of State

Enrolled House Bill 3701 (HB 3701-INTRO)                   Page 4