Chapter 276
Oregon Laws 2011
AN ACT
SB 862
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 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 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 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
(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.
(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.
Approved by
the Governor June 7, 2011
Filed in the
office of Secretary of State June 7, 2011
Effective date
January 1, 2012
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