70th OREGON LEGISLATIVE ASSEMBLY--1999 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 1026
Senate Bill 337
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Department of Environmental
Quality)
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.
Changes, for consistency, references to field burning to open
field burning. Defines agricultural open burning and establishes
limit of Department of Environmental Quality authority over
agricultural open burning.
A BILL FOR AN ACT
Relating to applicability of air pollution controls to open
burning; amending ORS 307.400, 468A.020, 468A.135, 468A.550,
468A.560, 468A.570, 468A.575, 468A.585, 468A.590, 468A.605,
468A.610, 468A.615 and 468A.620.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 468A.020 is amended to read:
468A.020. { - (1) - } Except as provided in this section and
in ORS 476.380 and 478.960, the air pollution laws contained in
ORS chapters 468, 468A and 468B do not apply to:
{ - (a) - } { + (1) + } Agricultural operations and the
growing or harvesting of crops and the raising of fowls or
animals, except { + as follows:
(a) Open + } field burning { - which - } { + and
agricultural open burning, as those terms are defined in ORS
468A.550, in Multnomah, Washington, Clackamas, Marion, Polk,
Yamhill, Linn, Benton and Lane Counties + } shall be subject to
regulation pursuant to ORS 468.140, 468.150, 468A.555 to 468A.620
and 468A.992 and this section; { + and
(b) All agricultural open burning conducted in this state shall
meet the same general requirements and prohibitions as other
types of open burning, related to promoting safe and efficient
burning, to the burning of prohibited material or to burning
under declared poor air quality conditions, in accordance with
rules adopted by the Environmental Quality Commission; + }
{ - (b) - } { + (2) + } Use of equipment in agricultural
operations in the growth of crops or the raising of fowls or
animals, except { + open + } field burning { + , + } which shall
be subject to regulation pursuant to ORS 468.140, 468.150,
468A.555 to 468A.620 and 468A.992 and this section;
{ - (c) - } { + (3) + } Barbecue equipment used in
connection with any residence;
{ - (d) - } { + (4) + } Agricultural land clearing
operations or land grading;
{ - (e) - } { + (5) + } Heating equipment in or used in
connection with residences used exclusively as dwellings for not
more than four families, except woodstoves which shall be subject
to regulation under this section { - , - } { + and + } ORS
468A.460 to 468A.480, 468A.490 and 468A.515;
{ - (f) - } { + (6) + } Fires set or permitted by any
public agency when such fire is set or permitted in the
performance of its official duty for the purpose of weed
abatement, prevention or elimination of a fire hazard, or
instruction of employees in the methods of fire fighting, which
in the opinion of the agency is necessary;
{ - (g) - } { + (7) + } Fires set pursuant to permit for
the purpose of instruction of employees of private industrial
concerns in methods of fire fighting, or for civil defense
instruction; { - or - }
{ - (h) - } { + (8) + } The propagation and raising of
nursery stock, except boilers used in connection with the
propagation and raising of nursery stock { - . - } { + ; or + }
{ - (i) - } { + (9) + } The propane flaming of mint
stubble.
{ - (2) As used in subsection (1) of this section, 'field
burning' does not include propane flaming of mint stubble. - }
SECTION 2. ORS 468A.135 is amended to read:
468A.135. (1) When authorized to do so by the Environmental
Quality Commission, a regional authority formed under ORS
468A.105 shall exercise the functions relating to air pollution
control vested in the commission and the Department of
Environmental Quality by ORS 468.020, 468.035, 468.065, 468.070,
468.090, 468.095, 468.120, 468.140, 468A.025, 468A.040, 468A.050,
468A.055, 468A.065, 468A.070 and 468A.700 to 468A.755 insofar as
such functions are applicable to the conditions and situations of
the territory within the regional authority. The regional
authority shall carry out these functions in the manner provided
for the commission and the department to carry out the same
functions. Such functions may be exercised over both
incorporated and unincorporated areas within the territory of the
regional authority, regardless of whether the governing body of a
city within the territory of the region is participating in the
regional authority.
(2) No regional authority is authorized to establish or alter
areas or to adopt any rule or standard that is less strict than
any rule or standard of the commission. The regional authority
must submit to the commission for its approval all air quality
standards adopted by the regional authority prior to enforcing
any such standards.
(3) Subject to ORS 468A.140, 468A.145 and 468A.165, when a
regional authority is exercising functions under subsection (1)
of this section, the commission and the department shall not
exercise the same functions in the same territory. The regional
authority's jurisdiction shall be exclusive. The regional
authority shall enforce rules and standards of the commission as
required to do so by the commission.
(4) The commission and the regional authorities may regulate,
limit, control or prohibit by rule all air contamination sources
not otherwise exempt within their respective jurisdictions.
However, { + open + } field burning and forestland burning shall
be regulated by the commission and fire permit agencies as
provided in ORS 468A.555 to 468A.620 and 468A.992, 476.380,
477.505 to 477.562 and 478.960.
SECTION 3. ORS 468A.550 is amended to read:
468A.550. As used in { + this section and + } ORS 468A.555 to
468A.620 and 468A.992:
{ + (1) 'Agricultural open burning' means the open burning of
any agricultural waste, which includes any unharvested grass seed
fields and excludes open field burning, propane flaming and stack
or pile burning of grass and cereal grain crops.
(2) 'Open field burning' means burning of any perennial or
annual grass seed, cereal grain crop or associated residue in a
manner that does not effectively control combustion air and
combustion products. 'Open field burning' does not include
propane flaming of mint stubble.
(3) 'Propane flaming' means open burning with the use of a
mobile flamer device that meets the following design
specifications and uses an auxiliary fuel so that combustion is
nearly complete and emissions are significantly reduced:
(a) Flamer nozzles shall not be more than 15 inches apart; and
(b) A heat-deflecting hood that extends a minimum of three feet
beyond the last row of nozzles is required. + }
{ - (1) - } { + (4) + } 'Smoke management' means the daily
control of the conducting of open field burning to such times and
places and in such amounts so as to provide for the escape of
smoke and particulate matter therefrom into the atmosphere with
minimal intrusion into cities and minimal impact on public health
and in such a manner that under existing meteorological
conditions a maximum number of acres registered can be burned in
a minimum number of days without substantial impairment of air
quality.
{ - (2) - } { + (5) + } 'Smoke management program' means a
plan or system for smoke management. A smoke management program
shall include, but not be limited to, provisions for:
(a) Annual inventorying and registering, prior to the burning
season, of agricultural fields for open field burning;
(b) Preparation and issuance of open field burning permits by
affected governmental agencies;
(c) Gathering and disseminating regional and sectional
meteorological conditions on a daily or hourly basis;
(d) Scheduling times, places and amounts of agricultural fields
that may be open burned daily or hourly, based on meteorological
conditions during the burning season;
(e) Conducting surveillance and gathering and disseminating
information on a daily or more frequent basis;
(f) Effective communications between affected personnel during
the burning season; and
(g) Employment of personnel to conduct the program.
{ - (3) As used in this section, 'open field burning' does
not include propane flaming of mint stubble. - }
{ + (6) 'Stack or pile burning' means the open burning of
bound, baled, collected, gathered, accumulated, piled or stacked
straw residue from perennial or annual grass seed or cereal grain
crops. + }
SECTION 4. ORS 468A.560 is amended to read:
468A.560. (1) Except for the fee imposed under ORS 468A.615
(1)(c), the provisions of ORS 468A.550 to 468A.620 and 468A.992
shall apply { - only - } to open field burning, propane
flaming { - and - } { + , + } stack or pile burning of grass
seed or cereal grain crop residues { + and agricultural open
burning classified as fourth priority under ORS 468A.570 + } on
acreage located in the counties specified in ORS 468A.595 (2).
(2) Nothing in this section shall apply to the propane flaming
of mint stubble.
SECTION 5. ORS 468A.570 is amended to read:
468A.570. (1) As used in this section:
(a) 'Marginal conditions' means atmospheric conditions such
that smoke and particulate matter escape into the upper
atmosphere with some difficulty but not such that limited
additional smoke and particulate matter would constitute a danger
to the public health and safety.
(b) 'Marginal day' means a day on which marginal conditions
exist.
(2) For purposes of ORS 476.380 and 478.960, the Environmental
Quality Commission shall classify different types or combinations
of atmospheric conditions as marginal conditions and shall
specify the extent and types of burning that may be allowed under
different combinations of atmospheric conditions. A schedule
describing the types and extent of burning to be permitted on
each type of marginal day shall be prepared and circulated to all
public agencies responsible for providing information and issuing
permits under ORS 476.380 and 478.960. The schedule shall give
first priority to the burning of perennial grass seed crops used
for grass seed production, second priority to annual grass seed
crops used for grass seed production, third priority to grain
crop burning, and fourth priority to all other { + agricultural
open + } burning and shall prescribe duration of periods of time
during the day when burning is authorized.
(3) In preparing the schedule under subsection (2) of this
section, the commission shall provide for the assignment of
fourth priority burning by the State Department of Agriculture in
accordance with the memorandum of understanding established
pursuant to ORS 468A.585.
(4) In preparing the schedule required under subsection (2) of
this section, the commission shall weigh the economic
consequences of scheduled burnings and the feasibility of
alternative actions, and shall consider weather conditions and
other factors necessary to protect the public health and welfare.
(5) None of the functions of the commission under this section
or under ORS 476.380 or 478.960, as it relates to agricultural
burning, shall be performed by any regional air quality control
authority established under ORS 468A.105.
SECTION 6. ORS 468A.575 is amended to read:
468A.575. (1) Permits for open { + field + } burning, propane
flaming or stack or pile burning of the residue from perennial
grass seed crops, annual grass seed crops and cereal grain crops
are required in the counties listed in ORS 468A.595 (2) and shall
be issued in accordance with rules adopted by the Environmental
Quality Commission and subject to the fee prescribed in ORS
468A.615. The permit described in this section shall be issued in
conjunction with permits required under ORS 476.380 or 478.960.
(2) By rule the Environmental Quality Commission may delegate
to any county court, board of county commissioners, fire chief of
a rural fire protection district or other responsible person the
duty to deliver permits to burn acreage if the acreage has been
registered under ORS 468A.615 and fees have been paid as required
in ORS 468A.615.
SECTION 7. ORS 468A.585 is amended to read:
468A.585. (1) The Environmental Quality Commission shall enter
into a memorandum of understanding with the State Department of
Agriculture that provides for the State Department of Agriculture
to operate all of the { + open + } field burning program.
(2) Subject to the terms of the memorandum of understanding
required by subsection (1) of this section, the State Department
of Agriculture:
(a) May perform any function of the Environmental Quality
Commission or the Department of Environmental Quality relating to
the operation and enforcement of the { + open + } field burning
smoke management program.
(b) May enter onto and inspect, at any reasonable time, the
premises of any person conducting an open field burn to ascertain
compliance with a statute, rule, standard or permit condition
relating to the { + open + } field burning smoke management
program.
SECTION 8. ORS 468A.590 is amended to read:
468A.590. Pursuant to the memorandum of understanding
established under ORS 468A.585, the State Department of
Agriculture:
(1) Shall:
(a) Conduct the smoke management program established by rule by
the Environmental Quality Commission as it pertains to open field
burning, propane flaming and stack or pile burning { + and to
agricultural open burning that is classified as fourth priority
under ORS 468A.570 + }.
(b) Aid fire districts and permit agents in carrying out their
responsibilities for administering field sanitization programs.
(2) May:
(a) Enter into contracts with public and private agencies to
carry out the purposes set forth in subsection (1) of this
section;
(b) Obtain patents in the name of the State of Oregon and
assign such rights therein as the State Department of Agriculture
considers appropriate;
(c) Employ personnel to carry out the duties assigned to it;
and
(d) Sell and dispose of all surplus property of the State
Department of Agriculture related to smoke management, including
but not limited to straw-based products produced or manufactured
by the State Department of Agriculture.
SECTION 9. ORS 468A.605 is amended to read:
468A.605. The Department of Environmental Quality, in
coordinating efforts under ORS 468.140, 468.150, 468A.020,
468A.555 to 468A.620 and 468A.992, shall:
{ - (1) Enforce all field burning rules adopted by the
Environmental Quality Commission and all related statutes;
and - }
{ + (1) Enforce all rules adopted by the Environmental
Quality Commission and all related statutes pertaining to open
field burning and to agricultural open burning that is classified
as fourth priority under ORS 468A.570; and + }
(2) Monitor and prevent unlawful { + open + } field burning.
SECTION 10. ORS 468A.610 is amended to read:
468A.610. (1) Except as provided under ORS 468A.620, no person
shall { + conduct + } open { - burn - } { + field burning,
propane flaming or stack or pile burning + } or cause to be
{ - open burned, propane flamed or stack or pile burned - }
{ + conducted open field burning, propane flaming or stack or
pile burning + } in the counties specified in ORS 468A.595 (2),
{ + of + } perennial or annual grass seed crop or cereal grain
crop residue, unless the acreage has been registered under ORS
468A.615 and the permits required by ORS 468A.575, 476.380 and
478.960 have been obtained.
(2) The maximum total registered acreage { - allowed to
be - } { + subject to + } open { - burned - } { + field
burning + } per year pursuant to subsection (1) of this section
shall be { - : - }
{ - (a) For 1991, 180,000 acres. - }
{ - (b) For 1992 and 1993, 140,000 acres. - }
{ - (c) For 1994 and 1995, 120,000 acres. - }
{ - (d) For 1996 and 1997, 100,000 acres. - }
{ - (e) For 1998 and thereafter, - } 40,000 acres.
(3) The maximum total acreage allowed to be propane flamed
under subsection (1) of this section shall be { - : - }
{ - (a) In 1991 through 1997, 75,000 acres per year; and - }
{ - (b) In 1998 and thereafter, - } 37,500 acres per year
{ - may be propane flamed - } .
(4)(a) { - After January 1, 1998, - } Fields shall be
prepared for propane flaming by removing all loose straw or
vacuuming or prepared using other techniques approved by rule by
the Environmental Quality Commission.
(b) { - After January 1, 1998, - } Propane equipment shall
satisfy best available technology.
(5) Notwithstanding the limitations set forth in subsection (2)
of this section, { - in 1991 and thereafter, - } a maximum of
25,000 acres of steep terrain and species identified by the
Director of Agriculture by rule may be { + subject to + } open
{ - burned - } { + field burning + } and shall not be included
in the maximum total permitted acreage.
(6) Acreage registered { - to be - } { + for + } open
{ - burned - } { + field burning + } under this section may be
propane flamed at the registrant's discretion without
reregistering the acreage.
(7) In the event of the registration of more than the maximum
allowable acres for open { + field + } burning in the counties
specified in ORS 468A.595 (2), { - after 1996, - } the
commission, after consultation with the State Department of
Agriculture, by rule or order may assign priority of permits
based on soil characteristics, the crop type, terrain or
drainage.
(8) Permits shall be issued and burning shall be allowed for
the maximum acreage specified in subsection (2) of this section
unless:
(a) The daily determination of suitability of meteorological
conditions, regional or local air quality conditions or other
burning conditions requires that a maximum number of acres not be
burned on a given day; or
(b) The commission finds after hearing that other reasonable
and economically feasible, environmentally acceptable
alternatives to the practice of annual open field burning have
been developed.
(9) Upon a finding of extreme danger to public health or
safety, the commission may order temporary emergency cessation of
all open field burning, propane flaming or stack or pile burning
in any area of the counties listed in ORS 468A.595 (2).
(10) The commission shall act on any application for a permit
under ORS 468A.575 within 60 days of registration and receipt of
the fee required under ORS 468A.615. The commission may order
emergency cessation of open field burning at any time. Any other
decision required under this section must be made by the
commission on or before June 1 of each year.
SECTION 11. 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 - } { + subjected to open field burning + } or
propane { - flamed - } { + flaming + } in the remainder of
the year. At the time of registration, the Department of
Environmental Quality shall collect a nonrefundable fee of $2 per
acre registered to be sanitized by open { + field + } burning or
$1 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 of each year shall pay an additional fee of $1 per
acre registered if the late registration is due to the fault of
the late registrant or one 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 { + field + }
burning, propane flaming or stack or pile burning of perennial or
annual grass seed crop 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 a permit is issued and shall
be:
(A) $8 per acre of crop sanitized by open { + field + }
burning in the counties specified in ORS 468A.595 (2);
(B) $4 per acre of perennial or annual grass seed crop
sanitized by open burning in any county not specified in ORS
468A.595 (2);
(C) $2 per acre of crop sanitized by propane flaming;
(D) For acreage from which 100 percent of the straw is removed
and burned in stacks or piles:
{ - (i) $2 per acre from January 1, 1992, to December 31,
1997; - }
{ - (ii) $4 per acre in 1998; - }
{ - (iii) - } { + (i) + } $6 per acre in 1999;
{ - (iv) - } { + (ii) + } $8 per acre in 2000; and
{ - (v) - } { + (iii) + } $10 per acre in 2001 and
thereafter; 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) 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.
(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 { + open + }
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 for the operation and maintenance of the
Willamette Valley { + open + } field burning air quality impact
monitoring network and to insure 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.
(d) Of the remaining funds, designate an amount to be used for
additional funding for research and development proposals
described in the plan developed pursuant to section 15, chapter
920, Oregon Laws 1991.
SECTION 12. ORS 468A.620 is amended to read:
468A.620. (1) Notwithstanding the provisions of ORS 468A.610,
for the purpose of improving by demonstration or investigation
the environmental or agronomic effects of alternative methods of
field sanitization, the Environmental Quality Commission shall by
rule allow experimental field sanitization under the direction of
the Department of Environmental Quality for up to 1,000 acres of
perennial grass seed crops, annual grass seed crops and grain
crops in such areas and for such periods of time as it considers
necessary. Experimental field sanitization includes but is not
limited to:
(a) Development, demonstration or training personnel in the use
of special or unusual field ignition techniques or methodologies.
(b) Setting aside times, days or areas for special studies.
(c) Operation of experimental mobile field sanitizers and
improved propane flaming devices.
(d) Improved methods of stack or pile burning.
(2) The commission may allow open { + field + } burning under
this section of acreage for which permits have not been issued
under ORS 468A.610 if the commission finds that the experimental
burning:
(a) Can, in theory, reduce the adverse effects on air quality
or public health from open field burning; and
(b) Is necessary in order to obtain information on air quality,
public health or the agronomic effects of an experimental form of
field sanitization.
(3) The commission may, by rule, establish fees, registration
requirements and other requirements or limitations necessary to
carry out the provisions of this section.
SECTION 13. ORS 307.400 is amended to read:
307.400. (1) Livestock, poultry, fur-bearing animals and bees
are exempt from ad valorem taxation.
(2) All inventory shall be exempt from ad valorem taxation.
(3) As used in subsection (2) of this section, 'inventory '
means the following tangible personal property:
(a) Farm machinery and equipment used primarily in the
preparation of land, planting, raising, cultivating, irrigating,
harvesting or placing in storage of farm crops; or
(b) Farm machinery and equipment used primarily for the purpose
of feeding, breeding, management and sale of, or the produce of,
livestock, poultry, fur-bearing animals or bees or for dairying
and the sale of dairy products; or
(c) Farm machinery and equipment used primarily in any other
agricultural or horticultural use or animal husbandry or any
combination thereof; or
(d) Items of tangible personal property, including but not
limited to, tools, machinery and equipment, owned by or in the
possession or under the control of the taxpayer that are used by
the taxpayer predominantly in the construction, reconstruction,
maintenance, repair, support or operation of that farm machinery,
equipment and other real and personal farm improvements, that
are:
(A) Owned by or in the possession or under the control of the
taxpayer; and
(B) Used primarily in the animal husbandry, agricultural or
horticultural activities, or combination of animal husbandry,
agricultural or horticultural activities, carried on by the
taxpayer; or
(e) Center pivots, wheel lines, movable set lines; or
(f) Items of tangible personal property described as materials,
supplies, containers, goods in process, finished goods and other
personal property owned by or in possession of the taxpayer, that
are or will become part of the stock in trade of the taxpayer
held for sale in the ordinary course of business.
(4) As used in this section:
(a) 'Center pivot' means a piece of self-propelled machinery
that rotates around a riser for the purpose of sprinkling a
circular tract of land. 'Center pivot' includes all of the
component parts of the center pivot irrigation system that are
ordinarily located above the ground on the land to be irrigated
and that can be disconnected from the riser and moved to another
point. A center pivot constitutes personal property.
(b) 'Center pivot irrigation system' means an irrigation system
that uses pumping stations and pipelines to convey water from its
source to a riser to which a center pivot may be connected and
used for sprinkling.
(c) 'Riser' means a pipe located in the field to be irrigated
that rises vertically up through the surface of the ground.
(5) The following are exempt from ad valorem taxation:
(a) Frost control systems used in agricultural or horticultural
activities carried on by the farmer.
(b) Trellises used for hops, beans or fruit or for other
agricultural or horticultural purposes.
(c) Hop harvesting equipment, including but not limited to, hop
pickers.
(d) Oyster racks, trays, stakes and other in-water structures
used to raise bivalve mollusks.
(e) Equipment used for the fresh shell egg industry that is
directly related and reasonably necessary to produce, prepare,
package and ship fresh shell eggs from the place of origin to
market, whether bolted to the floor, wired or plumbed to
interconnected equipment, including, but not limited to, grain
bins, conveyors for transporting grain, grain grinding machinery,
feed storage hoppers, cages, egg collection conveyors and
equipment for washing, drying, candling, grading, packaging and
shipping fresh shell eggs.
(6) There shall be exempt from ad valorem taxation the radio
communications equipment, meteorological equipment and other
personal property used in connection with the operation of the
{ + open + } field burning smoke management program established
under ORS 468A.555 to 468A.620 and 468A.992.
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