Bill Text: OR SB462 | 2013 | Regular Session | Engrossed

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

---

Bill Title: Relating to composting; and declaring an emergency.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-07-03 - Effective date, June 26, 2013. [SB462 Detail]

Download: Oregon-2013-SB462-Engrossed.html

---

     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

HA to A-Eng. SB 462

LC 184/SB 462-A12

                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 462

                    By COMMITTEE ON LAND USE

                             June 3

  On page 1 of the printed A-engrossed bill, line 2, after '
composting' insert '; creating new provisions; amending ORS
268.318'.
  In line 8, after 'Before' insert 'an'.
  In line 17, delete 'sells or offers product for sale' and
insert 'sells, or offers for sale, resulting product'.
  In line 18, delete 'sells or offers product for sale' and
insert 'sells, or offers for sale, resulting product'.
  Delete lines 21 and 22 and insert:
  ' (B) Increase the permitted annual tonnage of feedstock used
by the disposal site by an amount that requires a new land use
approval.'.
  On page 2, delete lines 6 through 9 and insert:
  ' (5) The applicant shall submit a written request to the
county with land use jurisdiction to request a preapplication
conference. A representative of the planning department of the
county and a representative of the Department of Environmental
Quality shall attend the conference along with representatives,
as determined necessary by the county, of the following
entities:'.
  On page 3, line 27, delete 'sells or offers product for sale'
and insert 'sells, or offers for sale, resulting product'.
  In line 28, delete 'sells or offers product for sale' and
insert 'sells, or offers for sale, resulting product'.
  Delete lines 31 and 32 and insert:
  ' (B) Increase the permitted annual tonnage of feedstock used
by the disposal site by an amount that requires a new land use
approval.'.
  Delete lines 41 through 44 and insert:
  ' (5) The applicant shall submit a written request to the city
with land use jurisdiction to request a preapplication
conference. A representative of the planning department of the
city and a representative of the Department of Environmental
Quality shall attend the conference along with representatives,
as determined necessary by the city, of the following entities:'.
  On page 5, after line 5, insert:
  '  { +  SECTION 4. + }  { + Section 5 of this 2013 Act is added
to and made a part of ORS 459.205 to 459.385. + }
  '  { +  SECTION 5. + }  { + (1) As used in this section:
  ' (a) 'Property line' has the meaning given that term in ORS
92.010.
  ' (b) 'School' means:
  ' (A) A public or private institution of learning providing
instruction in kindergarten through grade 12, or any combination
of those grade levels; and
  ' (B) The surrounding buildings, other structures, playgrounds,
athletic fields, parking lots and any other areas of the
institution that are accessed by students of the institution on a
regular basis.

  ' (2) The Department of Environmental Quality may not issue a
disposal site permit under ORS 459.245 to establish a commercial
disposal site for composting if:
  ' (a) The property line of the proposed disposal site for
composting is located within 1,500 feet of a property line of a
school that is within an exception area for rural residential
uses; and
  ' (b) The proposed disposal site for composting requires
approval from a metropolitan service district under ORS
268.318. + }
  '  { +  SECTION 6. + } ORS 268.318 is amended to read:
  ' 268.318. (1) No public or private disposal, transfer or
resource recovery site or facility in the  { + metropolitan
service + } district shall be established, modified or extended
without the prior approval of the district. The district may deny
an application for the establishment, modification or extension
of a site or facility if pursuant to its solid waste management
plan the district has either:
  ' (a) Entered into contracts obligating the district to supply
or direct minimum quantities of solid wastes to sites or
facilities designated in the contract in order that those sites
or facilities will operate economically and generate sufficient
revenues to liquidate any bonded or other indebtedness incurred
by reason of those sites or facilities; or
  ' (b) Adopted a franchise system for the disposal of solid or
liquid wastes.
  ' (2) In considering an application for the establishment,
modification or extension of a site or facility, the
 { + metropolitan service + } district may take into account the
location and number of existing sites or facilities and their
remaining capacities, whether the proposed establishment,
modification or extension complies with the district's solid
waste management plan and whether the applicant has complied with
all other applicable regulatory requirements.
  '  { +  (3)(a) As used in this subsection:
  ' (A) 'Compost' has the meaning given that term in ORS 459.005.
  ' (B) 'Disposal site' has the meaning given that term in ORS
459.005.
  ' (C) 'Property line' has the meaning given that term in ORS
92.010.
  ' (D) 'School' has the meaning given that term in section 5 of
this 2013 Act.
  ' (b) The metropolitan service district may not approve the
establishment of a commercial disposal site for composting if the
property line of the proposed disposal site for composting is
located within 1,500 feet of a property line of a school that is
within an exception area for rural residential uses.
   + } '  { +  SECTION 7. + }  { + Section 5 of this 2013 Act and
the amendments to ORS 268.318 by section 6 of this 2013 Act apply
to applications pending on or filed on or after January 1,
2013. + } ' .
  In line 6, delete '4' and insert '8'.
                         ----------