Bill Text: OR SB800 | 2013 | Regular Session | Introduced

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

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Bill Title: Relating to pesticide application reporting; declaring an emergency.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB800 Detail]

Download: Oregon-2013-SB800-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 3601

                         Senate Bill 800

Sponsored by Senator PROZANSKI

                             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.

  Requires reporting of commercial or governmental pesticide
applications to Department of Environmental Quality. Requires
department to make copy of reported information available to
state agencies and local governments upon request. Allows
department to charge reasonable fee for providing reported
information.

                        A BILL FOR AN ACT
Relating to pesticide application reporting.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS chapter 634. + }
  SECTION 2.  { + (1) As used in this section, 'local government
' has the meaning given that term in ORS 174.116.
  (2) Each state agency or local government using a public
applicator or public trainee to apply pesticides shall prepare
and maintain records of the pesticide application on forms
approved by the State Department of Agriculture. The records
shall include:
  (a) The name of the state agency or local government for which
the pesticide was applied.
  (b) The approximate location of the land or property on which
the pesticide was applied.
  (c) The date and approximate time of application.
  (d) The person who supplied the pesticides.
  (e) The trade name and the strength of the pesticides.
  (f) The amount or concentration (pounds or gallons per acre of
active ingredient or concentration per approximately 100
gallons).
  (g) The specific property to which the pesticide was applied.
  (h) The summary information of equipment, device or apparatus
used and, if applied by aircraft, the Federal Aviation
Administration number.
  (i) The names of the public applicator or public trainee who
did the actual application or spraying.
  (3) The state agency or local government shall keep the records
for a period of at least three years from the date of application
of the pesticides and shall make the records available during
business hours for review and inspection by the department. + }
  SECTION 3.  { + (1) As used in this section:

  (a) 'Local government' has the meaning given that term in ORS
174.116.
  (b) 'Pesticide,' 'pesticide operator,' 'public applicator' and
'public trainee' have the meanings given those terms in ORS
634.006.
  (2) A state agency or local government that uses a public
applicator or public trainee to make a pesticide application
shall supply the Department of Environmental Quality with a copy
of the record described in section 2 of this 2013 Act for that
application. A pesticide operator shall supply the department
with a copy of the record described in ORS 634.146 for that
application. The state government agency, local government or
pesticide operator must supply the report of a pesticide
application to the department no later than one year after the
date of the application.
  (3) The department shall collect the records supplied to the
department under this section. Upon request, the department may
supply the record information to another state agency or a local
government. Record information created under ORS 634.146 (1)(a),
(g) or (i) that is supplied to the department under this section
or supplied by the department to another state agency or a local
government is a trade secret as defined in ORS 192.501 (2). The
department may charge a state agency or local government a
reasonable fee for providing record information. + }
  SECTION 4.  { + Sections 2 and 3 of this 2013 Act apply to
pesticide applications made on or after the effective date of
this 2013 Act. + }
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