Bill Text: OR SB744 | 2011 | Regular Session | Introduced

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Bill Title: Relating to field burning; declaring an emergency.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB744 Detail]

Download: Oregon-2011-SB744-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 2810

                         Senate Bill 744

Sponsored by Senator GIROD

                             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.

  Removes requirement that State Department of Agriculture pay
certain moneys to Environmental Quality Commission. Modifies use
of certain funds collected pursuant to field burning program.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to field burning; creating new provisions; amending ORS
  468A.615; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 468A.615 is amended to read:
  468A.615. (1)(a) On or before April 1 of each year, the grower
of a grass seed crop shall register with the county court or
board of county commissioners, the fire chief of a rural fire
protection district, the designated representative of the fire
chief or other responsible persons the number of acres to be open
burned or propane flamed in the remainder of the year. At the
time of registration, the Department of Environmental Quality
shall collect a nonrefundable fee of $4 per acre registered to be
sanitized by open burning or $2 per acre to be sanitized by
propane flaming. The department may contract with counties and
rural fire protection districts or other responsible persons for
the collection of the fees which shall be forwarded to the
department. Any person registering after April 1 in each year
shall pay an additional fee of $2 per acre registered if the late
registration is due to the fault of the late registrant or a
person under the control of the late registrant. Late
registrations must be approved by the department. Copies of the
registration form shall be forwarded to the department. The
required registration must be made and the fee paid before a
permit shall be issued under ORS 468A.575.
  (b) Except as provided in paragraph (d) of this subsection, the
department shall collect a fee in accordance with paragraph (c)
of this subsection for issuing a permit for open burning, propane
flaming or stack or pile burning of perennial or annual grass
seed crop residue or cereal grain crop residue under ORS 468A.555
to 468A.620 and 468A.992. The department may contract with
counties and rural fire protection districts or other responsible
persons for the collection of the fees which shall be forwarded
to the department.

  (c) The fee required under paragraph (b) of this subsection
shall be paid within 10 days after the date of the invoice issued
by the issuing authority and shall be:
  (A) $16 per acre of crop sanitized by open burning in the
counties listed in ORS 468A.560;
  (B) $8 per acre of perennial or annual grass seed crop
sanitized by open burning in any county not listed in ORS
468A.560;
  (C) $4 per acre of crop sanitized by propane flaming;
  (D) $10 per acre for acreage from which 100 percent of the
straw is removed and burned in stacks or piles; and
  (E) For acreage from which less than 100 percent of the straw
is removed and burned in stacks or piles, the same per acre as
the fee imposed under subparagraph (D) of this paragraph, but
with a reduction in the amount of acreage for which the fee is
charged by the same percentage as the reduction in the amount of
straw to be burned.
  (d) The fee required by paragraph (b) of this subsection shall
not be charged for any acreage where efficient burning of stubble
is accomplished with equipment certified by the department for
field sanitizing purposes or with any other certified alternative
method to open field burning, propane flaming or stack or pile
burning. The fee required by paragraph (b) of this subsection
shall not be charged for any acreage not harvested prior to
burning or for any acreage not burned.
  (2)(a) All fees collected under this section shall be deposited
in the State Treasury to the credit of the Department of
Agriculture Service Fund. Such moneys are continuously
appropriated to the State Department of Agriculture for the
purpose of carrying out the duties and responsibilities carried
out by the State Department of Agriculture pursuant to the
memorandum of understanding established under ORS 468A.585.
 { - Upon a request from the Environmental Quality Commission,
the State Department of Agriculture shall transfer from the fund
to the commission moneys sufficient for the commission to carry
out its duties specified in ORS 468A.610 (10) and (11). - }
  (b) The State Department of Agriculture by rule may increase
the fees required under this section as needed to carry out its
duties and responsibilities pursuant to the memorandum of
understanding established under ORS 468A.585, provided that the
fees do not exceed the costs of the State Department of
Agriculture in operating all of the field burning program.
  (3) It is the intention of the Legislative Assembly that the
programs for smoke management, air quality monitoring and the
enforcement of rules under ORS 468A.550 to 468A.620 and 468A.992
be operated in a manner that maximizes the resources available
for the research and development program. Therefore, with regard
to the disbursement of funds collected under subsection (1) of
this section, the State Department of Agriculture shall act in
accordance with the intent of the Legislative Assembly and shall:
  (a) Pay an amount to the county or board of county
commissioners or the fire chief of the rural fire protection
district or other responsible person, for each fire protection
district, $1 per acre registered for each of the first 5,000
acres registered for open field burning and propane flaming in
the district, 75 cents per acre registered for each of the second
5,000 acres registered in the district and 35 cents per acre
registered for all acreage registered in the district in excess
of 10,000 acres, to cover the cost of and to be used solely for
the purpose of administering the program of registration of
acreage to be burned, issuance of permits, keeping of records and
other matters directly related to agricultural field burning. For
each acre from which straw is removed and burned in stacks or
piles, the State Department of Agriculture shall pay to the
county or board of county commissioners, or the fire chief of the

rural fire protection district or other responsible person, 25
cents per acre.
  (b) Designate an amount to be used for the smoke management
program. The State Department of Agriculture by contract with the
Oregon Seed Council or otherwise shall organize rural fire
protection districts and growers, coordinate and provide
communications, hire ground support personnel, provide aircraft
surveillance and provide such added support services as are
necessary.
  (c) Retain funds { + :
  (A) + } For the operation and maintenance of the Willamette
Valley field burning air quality impact monitoring network
 { + in areas where:
  (i) Field burning is permitted;
  (ii) Field burning is likely to occur; and
  (iii) Air quality monitoring equipment is located; + } and
   { +  (B) + } To   { - insure - }   { + ensure + } adequate
enforcement of rules established by the Environmental Quality
Commission governing standards of practice for open field burning
 { - , propane flaming and stack or pile burning - } .
  SECTION 2.  { + (1) The amendments to ORS 468A.615 (2) by
section 1 of this 2011 Act do not affect any transfer of funds
from the State Department of Agriculture to the Environmental
Quality Commission before the effective date of this 2011 Act.
  (2) The amendments to ORS 468A.615 (3) by section 1 of this
2011 Act apply to the disbursement of funds by the State
Department of Agriculture on or after the effective date of this
2011 Act. + }
  SECTION 3. { +  This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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