Bill Text: OR SB862 | 2011 | Regular Session | Enrolled

---

Bill Title: Relating to woody biomass.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2011-06-07 - Effective date, January 1, 2012. [SB862 Detail]

Download: Oregon-2011-SB862-Enrolled.html

---

     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         Senate Bill 862

Sponsored by Senators VERGER, BATES, DINGFELDER, EDWARDS; Senator
  JOHNSON

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

                             AN ACT

Relating to woody biomass; creating new provisions; and amending
  ORS 526.005, 526.277, 526.280 and 527.620.

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

  SECTION 1.  { + Section 2 of this 2011 Act is added to and made
a part of ORS chapter 526. + }
  SECTION 2.  { + Notwithstanding ORS 530.059, the State Forester
may enter into contracts under ORS 530.050 to provide a supply of
woody biomass from forestlands managed by the State Forestry
Department as needed to facilitate the development of projects,
including but not limited to bioenergy projects. The department
shall ensure that the provisions of contracts described in this
section comply with applicable state forestland management plans.
A contract described in this section is a sale of timber for
purposes of the public contracting exemption described in ORS
279A.025 (2)(L). + }
  SECTION 3. ORS 526.005 is amended to read:
  526.005. As used in this chapter, unless the context otherwise
requires:
   { +  (1) 'Biomass' means any organic matter, including woody
biomass, agricultural crops, wood wastes and residues, plants,
aquatic plants, grasses, residues, fibers, animal wastes,
municipal wastes and other waste materials. + }
    { - (1) - }  { +  (2) + } 'Board' means the State Board of
Forestry.
    { - (2) - }  { +  (3) + } 'Certified Burn Manager' means an
individual, other than the forester, who is currently certified
under a program established pursuant to ORS 526.360 (3).
    { - (3) - }  { +  (4) + } 'Department' means the State
Forestry Department.
    { - (4) - }  { +  (5) + } 'Forester' means the State Forester
or the authorized representative of the forester.
    { - (5)(a) - }  { +  (6)(a) + } 'Forestland' means any
woodland, brushland, timberland, grazing land or clearing that,
during any time of the year, contains enough forest growth,
slashing or vegetation to constitute, in the judgment of the
forester, a fire hazard, regardless of how the land is zoned or
taxed.
  (b) As used in this subsection, 'clearing' means any grassland,
improved area, lake, meadow, mechanically or manually cleared
area, road, rocky area, stream or other similar opening that is
surrounded by or contiguous to land described in paragraph (a) of

Enrolled Senate Bill 862 (SB 862-A)                        Page 1

this subsection and that has been included in areas classified as
forestland under ORS 526.305 to 526.370.
    { - (6) - }  { +  (7) + } 'Forestry carbon offset' means a
transferable unit based on a measured amount of carbon storage
expressed as a carbon dioxide emission equivalent, or other
equivalent standard, and accruing on forestland as live or dead
matter in trees, shrubs, forest litter and soil.
    { - (7) - }  { +  (8) + } 'Nonindustrial private forest
landowner' means any forest landowner who does not own a forest
products manufacturing facility that employs more than six
people.
    { - (8) - }  { +  (9) + } 'Nonindustrial private forestland'
means any forestland owned by a nonindustrial private forest
landowner.
   { +  (10)(a) 'Woody biomass' means material from trees and
woody plants, including limbs, tops, needles, leaves and other
woody parts, grown in a forest, woodland, farm, rangeland or
wildland-urban interface environment that is the by-product of
forest management, ecosystem restoration or hazardous fuel
reduction treatment.
  (b) 'Woody biomass' does not mean:
  (A) Wood pieces that have been treated with creosote,
pentachlorophenol, copper chrome arsenic or other chemical
preservatives;
  (B) Wood that must be retained under state or federal
regulations;
  (C) Wood required for large woody debris recruitment; or
  (D) Municipal solid waste. + }
  SECTION 4. ORS 526.277 is amended to read:
  526.277. The Legislative Assembly finds and declares that:
  (1) Forestlands in federal, state and private ownership
comprise some of the most important environmental, economic and
recreational resources in the State of Oregon. However, federal
lands, and to a lesser extent state and private lands, are
increasingly jeopardized by the risk of drought-induced
mortality, severe insect and disease outbreaks and catastrophic
wildfires.
  (2) Enhancing forest health, wildlife habitat and other
ecological values and reducing the risk of severe insect and
disease outbreaks and catastrophic wildfires through forest
management are of interest to the residents of this state.
Federal and state funds have not proved sufficient to carry out
the management activities necessary to achieve these goals on
federal lands, and it is unlikely that the funds will be
available on a continuous basis.
  (3) The development of new market-based solutions to reduce the
risk of severe insect and disease outbreaks and catastrophic
wildfires may reduce the requirement for public funding. The
development of biomass markets, including energy markets, that
use
  { - forest - }  { +  woody + } biomass unsuitable for lumber,
pulp and paper products as a primary source of raw material may
assist in the creation of a sustainable, market-based model for
restoring complexity and structure to Oregon's forests.
  (4) A biomass-based industry may provide a renewable source of
energy, reduce net greenhouse gas emissions, reduce air pollution
from wildfires, improve fish and wildlife habitat, create jobs
and provide economic benefits to rural communities.  Through the
collection and conversion of   { - forest - }  { +  woody + }
biomass, ancillary benefits may be realized through the

Enrolled Senate Bill 862 (SB 862-A)                        Page 2

improvement in forest health, the protection of infrastructure
and the stabilization of soils within critical watersheds.
  (5) The collection and conversion of   { - forest - }  { +
woody + } biomass diminishes fuel loads and is an ecologically
and economically sustainable practice where the reintroduction of
fire is not appropriate.
  (6) The policy of this state is to support efforts to build,
and place in service, biomass-fueled energy production facilities
that utilize biomass collected from forests or derived from other
sources such as agricultural crop residue when:
  (a) The facilities utilize sustainable supplies of biomass from
cost-effective sources;
  (b) The use of woody biomass for energy maintains or enhances
the biological productivity of the land, taking into
consideration transportation costs, existing forest conditions,
management objectives, vegetation growth rates and the need to
sustain water quality and fish and wildlife habitat; and
  (c) The set of forest values to be sustained, in addition to
wood and biomass for energy, is considered. Forest values include
forest products, water, wildlife and recreation.
    { - (7) As used in this section and ORS 526.280: - }
    { - (a) 'Biomass' means any organic matter, including woody
biomass, agricultural crops, wood wastes and residues, plants,
aquatic plants, grasses, residues, fibers, animal wastes,
municipal wastes and other waste materials. - }
    { - (b) 'Woody biomass' means material from trees and woody
plants, including limbs, tops, needles, leaves and other woody
parts, grown in a forest, woodland, farm, rangeland or
wildland-urban interface environment that is the by-product of
forest management, ecosystem restoration or hazardous fuel
reduction treatment. - }
  SECTION 5. ORS 526.280 is amended to read:
  526.280. In furtherance of the policy established in ORS
526.277, the State Forester shall:
  (1) Establish a policy of active and inclusive communication
with the federal government, public bodies as defined in ORS
174.109, residents of Oregon and interested parties regarding the
utilization of woody biomass produced through forest health
restoration. The State Forester shall actively utilize the
statutory provisions of the National Forest Management Act of
1976, the Forest and Rangeland Renewable Resources Planning Act
of 1974, the National Environmental Policy Act of 1969, the
Federal Land Policy and Management Act of 1976 and the Healthy
Forests Restoration Act of 2003 that allow the state to
participate in federal policy development in a manner that
expresses the policy established in ORS 526.277.
  (2) Promote public involvement in the identification of the
areas of interface between urban lands and forestlands that pose
the highest potential to threaten lives and private property.
  (3) Solicit public comment on the location of biomass-based
energy projects and conversion facilities.
  (4) Promote public understanding, through education and
outreach, of forest conditions, forest management options, the
potential benefits and potential consequences of woody biomass
utilization, the quality and quantity of woody biomass on federal
lands and the potential for woody biomass utilization to assist
in reducing wildfire risk and in enhancing forest health,
diversity and resilience. The State Forestry Department may
coordinate with the State Department of Energy, the Oregon
Business Development Department, Oregon State University, the

Enrolled Senate Bill 862 (SB 862-A)                        Page 3

State Department of Fish and Wildlife, the Department of
Environmental Quality and other entities in any education and
outreach performed pursuant to this subsection.
    { - (5) Allow the State Forestry Department to conduct
inventories of the types of woody biomass available and to serve
as an information resource for persons seeking to utilize woody
biomass for energy development. Notwithstanding ORS 192.501,
reports on any inventories of biomass conducted by the department
shall be made available for public inspection. - }
   { +  (5) Assess the types of woody biomass available and serve
as an information resource for persons seeking to utilize woody
biomass for energy development. Notwithstanding ORS 192.501,
reports on any assessment of woody biomass conducted by the State
Forester shall be made available for public inspection. + }
  (6) Promote public understanding that woody biomass utilization
may be an effective tool for restoration of forest health and for
economic development in rural communities.
  (7) Develop and apply, with advice from the forestry program at
Oregon State University, the State Department of Fish and
Wildlife, the Department of Environmental Quality and other
sources, the best available scientific knowledge and technologies
pertaining to forest and wildlife habitat restoration and woody
biomass utilization when developing rules under ORS 527.630.
  (8) Seek opportunities to provide a source of woody biomass
from federal, tribal, state and private forests.
  (9)  { + Periodically + } prepare a report   { - every three
years - } utilizing, to the greatest extent practicable, data
collected from state and federal sources that specify the effect
of woody biomass collection and conversion on the plant and
wildlife resources and on the air and water quality of this
state. The report shall identify any changes that the State
Forester determines are necessary to encourage woody biomass
collection and conversion and to avoid negative effects on the
environment from woody biomass collection and conversion. The
State Forester shall submit the report to the Governor and to an
appropriate legislative interim committee with jurisdiction over
forestry issues.
  SECTION 6. ORS 527.620 is amended to read:
  527.620. As used in ORS 527.610 to 527.770, 527.990 and
527.992:
  (1) 'Board' means the State Board of Forestry.
  (2) 'Cumulative effects' means the impact on the environment
which results from the incremental impact of the forest practice
when added to other past, present and reasonably foreseeable
future forest practices regardless of what governmental agency or
person undertakes such other actions.
  (3) 'DBH' means the diameter at breast height which is measured
as the width of a standing tree at four and one-half feet above
the ground, on the uphill side.
  (4) 'Edge of the roadway' means:
  (a) For interstate highways, the fence.
  (b) For all other state highways, the outermost edge of
pavement, or if unpaved, the edge of the shoulder.
  (5) 'Forest practice' means any operation conducted on or
pertaining to forestland, including but not limited to:
  (a) Reforestation of forestland;
  (b) Road construction and maintenance;
  (c) Harvesting of forest tree species;
  (d) Application of chemicals;   { - and - }
  (e) Disposal of slash  { - . - }  { + ; and

Enrolled Senate Bill 862 (SB 862-A)                        Page 4

  (f) Removal of woody biomass. + }
  (6) 'Forest tree species' means any tree species capable of
producing logs, fiber or other wood materials suitable for the
production of lumber, sheeting, pulp, firewood or other
commercial forest products except trees grown to be Christmas
trees as defined in ORS 571.505 on land used solely for the
production of Christmas trees.
  (7) 'Forestland' means land that is used for the growing and
harvesting of forest tree species, regardless of how the land is
zoned or taxed or how any state or local statutes, ordinances,
rules or regulations are applied.
  (8) 'Harvest type 1' means an operation that requires
reforestation but does not require wildlife leave trees. A
harvest type 1 is an operation that leaves a combined stocking
level of free to grow seedlings, saplings, poles and larger trees
that is less than the stocking level established by rule of the
board that represents adequate utilization of the productivity of
the site.
  (9) 'Harvest type 2' means an operation that requires wildlife
leave trees but does not require reforestation. A harvest type 2
does not require reforestation because it has an adequate
combined stocking of free to grow seedlings, saplings, poles and
larger trees, but leaves:
  (a) On Cubic Foot Site Class I, II or III, fewer than 50
11-inch DBH trees or less than an equivalent basal area in larger
trees, per acre;
  (b) On Cubic Foot Site Class IV or V, fewer than 30 11-inch DBH
trees or less than an equivalent basal area in larger trees, per
acre; or
  (c) On Cubic Foot Site Class VI, fewer than 15 11-inch DBH
trees or less than an equivalent basal area in larger trees, per
acre.
  (10) 'Harvest type 3' means an operation that requires
reforestation and requires wildlife leave trees. This represents
a level of stocking below which the size of operations is limited
under ORS 527.740 and 527.750.
  (11) 'Landowner' means any individual, combination of
individuals, partnership, corporation or association of whatever
nature that holds an ownership interest in forestland, including
the state and any political subdivision thereof.
  (12) 'Operation' means any commercial activity relating to the
establishment, management or harvest of forest tree species
except as provided by the following:
  (a) The establishment, management or harvest of Christmas
trees, as defined in ORS 571.505, on land used solely for the
production of Christmas trees.
  (b) The establishment, management or harvest of hardwood
timber, including but not limited to hybrid cottonwood, that is:
  (A) Grown on land that has been prepared by intensive
cultivation methods and that is cleared of competing vegetation
for at least three years after tree planting;
  (B) Of a species marketable as fiber for inclusion in the
furnish for manufacturing paper products;
  (C) Harvested on a rotation cycle that is 12 or fewer years
after planting; and
  (D) Subject to intensive agricultural practices such as
fertilization, cultivation, irrigation, insect control and
disease control.

Enrolled Senate Bill 862 (SB 862-A)                        Page 5

  (c) The establishment, management or harvest of trees actively
farmed or cultured for the production of agricultural tree crops,
including nuts, fruits, seeds and nursery stock.
  (d) The establishment, management or harvest of ornamental,
street or park trees within an urbanized area, as that term is
defined in ORS 221.010.
  (e) The management or harvest of juniper species conducted in a
unit of less than 120 contiguous acres within a single ownership.
  (f) The establishment or management of trees intended to
mitigate the effects of agricultural practices on the environment
or fish and wildlife resources, such as trees that are
established or managed for windbreaks, riparian filters or shade
strips immediately adjacent to actively farmed lands.
  (g) The development of an approved land use change after timber
harvest activities have been completed and land use conversion
activities have commenced.
  (13) 'Operator' means any person, including a landowner or
timber owner, who conducts an operation.
  (14) 'Single ownership' means ownership by an individual,
partnership, corporation, limited liability company, trust,
holding company or other business entity, including the state or
any political subdivision thereof. Single ownership includes
ownership held under different names or titles where the same
individual or individuals, or their heirs or assigns, are
shareholders (other than those of public corporations whose stock
is traded on the open market), partners, business trustees or
officers, or otherwise have an interest in or are associated with
each property.
  (15) 'State Forester' means the State Forester or the duly
authorized representative of the State Forester.
  (16) 'Suitable hardwood seedlings' means any hardwood seedling
that will eventually yield logs or fiber, or both, sufficient in
size and quality for the production of lumber, plywood, pulp or
other forest products.
  (17) 'Timber owner' means any individual, combination of
individuals, partnership, corporation or association of whatever
nature, other than a landowner, that holds an ownership interest
in any forest tree species on forestland.
  (18) 'Visually sensitive corridor' means forestland extending
outward 150 feet, measured on the slope, from the outermost edge
of the roadway of a scenic highway referred to in ORS 527.755,
along both sides for the full length of the highway.
  (19) 'Wildlife leave trees' means trees or snags required to be
retained as described in ORS 527.676 (1).
  (20) 'Written plan' means a document prepared by an operator,
timber owner or landowner that describes how the operation is
planned to be conducted.
                         ----------

Enrolled Senate Bill 862 (SB 862-A)                        Page 6

Passed by Senate April 27, 2011

    .............................................................
                               Robert Taylor, Secretary of Senate

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

Passed by House May 25, 2011

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Enrolled Senate Bill 862 (SB 862-A)                        Page 7

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2011

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled Senate Bill 862 (SB 862-A)                        Page 8