2009 Legislative Bills relating to agriculture, water and land use issues. To read the complete bill, go the Oregon State Legislature web page and search for the bill by number: http://www.leg.state.or.us/bills_laws/ HB 2020 Invasive Species Establishes Invasive Species Control Account. Continuously appropriates moneys from account to Invasive Species Council for issuing grants to eradicate new infestations of invasive species. Authorizes State Treasurer to issue lottery bonds, with net proceeds to be deposited into Control Account. Assigned to House Agriculture HB 2072 Carbon tax and revenue raising Imposes tax on each fuel supplier and utility based on amount of carbon in carbon-based fuel sold by fuel supplier to consumers in state or that is used to produce carbon-generated electricity supplied by utility to consumers in state. Limits tax on certain oil and natural gas to 6% of market value of oil or natural gas. Distributes tax revenue to State Highway Fund, Common School Fund, Energy Crisis Trust Fund & Renewable Energy Resource Account. Assigned to House Environment HB 2081 Resource Lands Authorizes governmental units to implement systems for buying and selling transferable development credits to encourage landowners to voluntarily protect resource lands. Assigned to House Agriculture. HB 2082 Soil & Water Conservation Districts Revises provisions governing formation, consolidation and dissolution of soil & water conservation districts and inclusion or withdrawal of land within soil and water conservations districts. Assigned to House Agriculture. Hearing & work session held. HB 2183 Field Burning/ EQC Authority Allows Environmental Quality Commission to adopt rules listing additional counties to be covered by statutes relating to field burning. Modifies acreage that may be burned. Allows commission by order to permit emergency burning under certain conditions. Modifies fees for burning. Allows DEQ to evaluate burning programs. Assigned to House Health Care. HB 2186 Greenhouse gases/EQC Authority Authorizes Environmental Quality Commission to adopt rules to help state to achieve greenhouse gas emissions reduction goals. Specifies rules that commission may adopt. Assigned to House Environment. Two hearing held. HB 2212 Noxious weeds Broadens statutes currently applicable to tansy ragwort to include all noxious weeds. Repeals statutes regarding ragweed. Revises quarantine authority of ODA. Authorizes ODA to adopt rules for non-quarantine regulation of plant pests. Violation of rule subject to civil penalty not to exceed $10,000. Assigned to House Agriculture. Hearing & work session held HB 2213 Invasive Species Council Places Oregon Invasive Species Council, which was created in 2001, within State Dept. of Agriculture. Adds two positions to Council. Authorizes Council to enter into contracts and adopt rules. Appoints ODA as fiscal agent of Council. Passed House 58 to 0. Assigned to Senate Environment. HB 2458 Commodity Commission per diem Allows commodity commission to establish per diem payment to members in excess of $30 per day. Passed House 60 to 0. Assigned to Senate Environment. HB 2462 Veterinarians - PURS Provides that veterinarian or veterinary technician acting within scope of license is not pesticide user subject to Pesticide Use Reporting System. Passed House 59 to 0. Assigned to Senate Environment. HB 2601 Ag Coops - Fuel Allows formation of agricultural fuel cooperative consisting of not more than 10 agricultural commodity producers and having sole purpose of supplying motor vehicle fuel to members for use in farm vehicles or for farm-related non-highway use. Assigned to House Agriculture. One Hearing held. HB 2627 Animal Abuse - increased penalties Increases standard penalty for animal abuse in first degree to max of 5 years' imprisonment, $125,000 fine, or both. Increases enhanced penalty to max of 10 years' imprisonment, $250,000 fine, or both. Expands list of predicate offenses permitting imposition of enhanced penalty. Decreases number of predicate convictions required before enhanced penalty may be imposed. Assigned to House Judiciary. HB 2636 Discharge of firearm in taking wildlife Exempts employee or agent of U.S. Dept. of Agriculture in course of lawful taking of wildlife from criminal laws related to possession and discharge of firearms. Assigned to House Agriculture. HB 2694 Non lethal control of wildlife Requires State Dept. of Fish & Wildlife to develop and implement program to provide technical assistance to Oregon landowners, businesses and communities regarding non-lethal options to reduce conflict between humans and wildlife. Assigned to House Agriculture. HB 2863 Ag zones Defines ‘agricultural zone.’ Increases fine for traffic offense committed in agricultural zone if warning signs are posted. Assigned to House Transportation. HB 2879 Landowner Immunity Extends landowner immunity for public's recreational use of land, woodcutting/harvest of special forest products to paths, trails, roads, watercourses and other rights of way that are used to reach land for these purposes. Requires that right of way must be on land that is adjacent to land that person intends to use for recreational purposes, woodcutting or harvest of special forest products. Allows landowner to receive liquidated damages not to exceed $1,000 in action in which landowner closed land to certain activities and defendant entered and engaged in prohibited activities without permission Assigned to House Land Use. One Hearing held. HB 2888 Irrigation districts - easements Exempts irrigation district from duty to maintain easement held by district and from civil action for failure to maintain easement. Assigned to House Environment. HB 2945 Water Quality & Cyanotoxins - DEQ Requires Dept. of Environmental Quality to develop and implement procedures to analyze water samples collected and submitted to DEQ for presence of cyanotoxins. Requires DEQ to develop and disseminate information regarding cyanotoxins to interested parties. Requires DEQ to report annually to Legislative Assembly regarding cyanotoxins. Assigned to House Environment. HB 2995 Oregon Food Policy Council Creates Oregon Food Policy Council. Specifies duties. Sunsets Council Jan. 2, 2014. Assigned to House Agriculture. HB 2996 Fill & Removal permitting Modifies applicability of removal or fill provisions to certain activities on exclusive farm use zoned lands. Assigned to House Agriculture. HB 2999 Pesticide Use Reporting Reduces size of identifying hydrologic unit to be used when reporting pesticide use. Assigned to House Agriculture. Hearing scheduled March 24. HB 3068 Wildlife takings Establishes damages for unlawful taking or killing of certain wildlife. Assigned to House Agriculture. HB 3069 Metolius - Eco-Friendly Limits development of destination resort within 3 miles of Metolius River Basin. Requires development sited within 3 miles of Metolius River Basin on land not owned by federally recognized Indian tribe to be sustainable eco-community. Sets standards for sustainable eco-community. Assigned to House Land Use. HB 3073 Oregon Conservation & Water Quality Fund Makes legislative finding that financing riparian restoration projects to improve water quality will create jobs and further economic development in state. Authorizes issuance of lottery bonds for financing. Creates Oregon Conservation & Water Quality Fund. Assigned to House Environment. HB 3089 Wildlife takings - Civil penalties Allows State Fish & Wildlife Commission to adopt by rule schedule of civil penalties for violations of wildlife laws. Establishes damages for unlawful taking or killing of certain wildlife. Specifies cases in which taking of certain wildlife is punishable by max of 5 years' imprisonment, $125,000 fine, or both. Changes provisions related to revocation and denial of licenses, tags and permits. Assigned to House Agriculture. HB 3153 Utility facilities - Farm/Forest location Prohibits establishment of utility facility in area zoned for farm use, forest use or mixed farm and forest use if majority of utility service provided by utility facility will be used within urban growth boundary. Authorizes owner of land in these areas to grant utility easement. Requires owner to agree to 5-year license, including mitigation agreement for utility facility with inflation-adjusted annual license fee and mitigation costs provided to owner. Assigned to House Sustainability. HB 3224 Destination Resorts - Siting Modifies provisions for siting destination resorts. Modifies standards for destination resorts. Requires county to ensure that resort is compatible with site and area of impact. Assigned to House Land Use. HB 3382 ODA - Alfalfa control areas Requires State Dept. of Agriculture to establish and maintain alfalfa control areas in Malheur County. Authorizes appointment of alfalfa control area advisory boards. Assigned to House Agriculture. HB 3383 Wolves - Takings Describes circumstances in which gray wolf may be taken. Assigned to House Agriculture. HB 3437 Ag Experiment Station Establishes Center for the Assessment, Advancement and Adoption of Agricultural Technologies as agricultural experiment station. Assigned to House Agriculture. HB 3443 Fill & removal Adds large woody debris to definition of ‘material’ for purposes of removal-fill provisions. Assigned to House Agriculture. HB 3446 Electric surcharge - Fish & Wildlife Requires Public Utility Commission to require electric companies to collect surcharge from customers for costs of research related to how alternative energy production may promote conservation and enhancement of wildlife. Assigned to House Environment. HB 3454 Water control Modifies requirements for tapping water out of or discharging water into irrigation canal or drainage ditch. Assigned to House Environment. SB 103 Air contamination fees Allows Environmental Quality Commission to establish schedule of fees for registration of classes of air contamination sources. Specifies basis for fees. Assigned to Senate Environment. Hearing held. Work session scheduled. SB 105 Penalties - Environmental Laws Increases maximum penalties for violations of environmental laws. Assigned to Senate Environment. 3/19 Hearing Scheduled. SB 129 Farm Endorsement DMV Directs Dept. of Transportation to cancel driver license with farm endorsement or deny right to apply for farm endorsement if person is disqualified from holding commercial driver license. Prohibits department from issuing and authorizes department to cancel person's commercial driver license with hazardous materials endorsement if person is not U.S. citizen or permanent legal resident. Passed Senate 26 to 3. Assigned to House Transportation SB 184 PURS until 2016 Delays repeal of pesticide use reporting system until Jan. 2, 2016. Assigned to Senate Environment. SB 188 Food Safety - ODA Penalty Authority Authorizes State Dept. of Agriculture to impose civil penalties, not to exceed $10,000, for violations of various food safety laws or related administrative rules. Resolves statutory conflict regarding criminal penalty applicable to violation of livestock industry record inspection statute. Makes violation of statute or related rule punishable by max of $360 fine. Passed Senate 29 to 0. Assigned to House Consumer Protection. SB 335 Task Force to enhance locally grown Creates task force to study governmental regulation of commodities. Sunsets Task force on date of convening of next regular biennial legislative session. Assigned to Senate Commerce. SB 513 Ecosystems services Establishes policy regarding ecosystem services. Makes legislative findings regarding ecosystem services. Encourages state agencies to take certain actions related to ecosystem services and ecosystem services markets. Requires Sustainability Board to convene ecosystem working and sunsets group on convening of next biennial session. Assigned to Senate Environment Hearing scheduled March 24. SB 622 Wildlife Services - Geese control Creates Task Force on Geese Control. Assigned to Senate Environment. One Hearing held. SB 629 Noxious weeds -- ODA grants Requires State Dept. of Agriculture to establish program for issuing grants to counties for noxious weed control. Allocates and limits expenditure of lottery funds for 2009-2011 biennium for grant program. Assigned to Senate Environment. Hearing & Work session held. SB 645 Livestock - Source Verification Prohibition Prohibits state or local agencies or units of local government from facilitating, taking part in or cooperating with source verification program or any other program for identifying, tracking or tracing livestock. Prohibits discrimination against livestock suppliers, food processors/supplies based on participation in source verification program. Provides that livestock supplier participation in source verification program does not create private cause of action against supplier. Requires private organization establishing source verification program to take certain actions to control use of program information Assigned to Senate Environment. SB 784 Beef Council Allows person paying Oregon Beef Council assessment to direct assessment to Council or to county board established to benefit beef cattle producers. Assigned to Senate Business. SB 785 Fill & Removal Changes definition of ‘applicant’ for purposes of removal-fill permitting program. Assigned to Senate Education. SB 800 PURS Eliminates sunset for pesticide use reporting system. Reduces size of identifying hydrologic unit to be used when reporting pesticide use. Assigned to Senate Environment. SB 844 Waterways - Recreational use Establishes public right to use certain waterways for recreational uses. Specifies extent of right. Limits right to use portions of waterways near hydroelectric power generating facilities. Limits landowner liability. Punishes violation of statutes/rules regulating public access to waterways by fine up to $360. Requires department to work with affected property owners to exchange quitclaim deeds so that state obtains title to submersible and submerged lands existing at time department makes determination of navigability. Assigned to Senate Environment. SB 908 ODA Nutritional Improvement Zones Authorizes cities and counties to request that State Dept. of Agriculture designate specified number of nutrition improvement zones in urban and rural areas of state. Provides incentives for retail grocery stores to locate in nutrition improvement zones and for food stamp recipients to patronize participating grocery stores. Assigned to Senate Commerce. |