2007 ORS 468A.790¹
Memorandum of understanding with State Department of Agriculture
  • rules

(1) The Environmental Quality Commission and the State Department of Agriculture shall enter into a memorandum of understanding that addresses the administration and enforcement of air quality laws contained in this chapter that apply to agricultural operations and equipment. The terms of the memorandum of understanding must be consistent with the obligations of this state under the federal Clean Air Act (P.L. 88-206 as amended) and the purposes described in ORS 468A.305 (Purpose). Subject to the terms of the memorandum of understanding and to oversight by the Department of Environmental Quality, the State Department of Agriculture may perform any function of the Department of Environmental Quality under this chapter that relates to air quality, including but not limited to the issuance of permits, establishment of fees, entry and inspection of premises and the assessment of civil penalties.

(2) The Environmental Quality Commission and the State Department of Agriculture shall consider the following when entering into a memorandum of understanding under subsection (1) of this section:

(a) Cooperation with private and public entities associated with agriculture in program research, development and implementation.

(b) Program flexibility.

(c) The use of voluntary measures, including education, demonstration projects and incentives, if practicable and reasonably expected to be effective in helping to carry out regulatory requirements.

(d) The diverse nature of agricultural operations and the importance of, and public interest in, the agricultural production of food, fiber and other products.

(e) The desirability of having the State Department of Agriculture serve as the lead agency responsible for the administration of programs relating to agriculture.

(f) The importance of, and public interest in, the protection of human health and the environment, including the protection of natural resources in special areas of the state designated for their outstanding scenery and historical and cultural importance.

(3) In adopting rules subject to the memorandum of understanding required by subsection (1) of this section, the Environmental Quality Commission and the State Department of Agriculture shall consult with each other. [2007 c.799 §2]

Note: Sections 3 and 7, chapter 799, Oregon Laws 2007, provide:

Sec. 3. (1) There is created the Task Force on Dairy Air Quality, consisting of 15 members appointed as follows:

(a) The President of the Senate shall appoint two members from among members of the Senate.

(b) The Speaker of the House of Representatives shall appoint two members from among members of the House of Representatives.

(c) The Director of the Department of Environmental Quality shall appoint one representative from the Department of Environmental Quality.

(d) The Director of Agriculture shall appoint one representative from the State Department of Agriculture.

(e) The Director of Human Services shall appoint one representative from the Department of Human Services having expertise in public health.

(f) The Governor shall appoint three representatives from the dairy industry.

(g) The Governor shall appoint three representatives from environmental and public interest organizations.

(h) The Governor shall appoint two representatives from institutions of higher education listed in ORS 352.002 (Oregon University System) having expertise in science and technology relevant to air emissions generated by dairy operations.

(2) The task force shall:

(a) Study the emission of air contaminants from dairy operations, including but not limited to emissions regulated under the federal Clean Air Act;

(b) Study available data on the emission of air contaminants, including but not limited to the United States Environmental Protection Agency national air study of animal feeding operations; and

(c) Evaluate available alternatives for reducing emissions, taking into consideration:

(A) The diverse nature and economic viability of dairies and the economic contribution dairies make to the state economy;

(B) The impact that federal Clean Air Act regulations have, and that actions to address air emissions would have, on Oregon’s dairies in Pacific Northwest markets;

(C) The protection of human health, the environment and scenic and cultural resources;

(D) The impact of available alternatives on other environmental media, energy and the cost of producing dairy products; and

(E) The feasibility of implementation.

(3) To assist the task force in its work, the task force may establish technical or advisory committees as the task force considers necessary. The task force may determine committee representation, duration and organization and may appoint the members. Committee members who are not members of the task force are not entitled to compensation or reimbursement of expenses.

(4) A majority of the members of the task force constitutes a quorum for the transaction of business.

(5) Official action by the task force requires the approval of a majority of the members of the task force.

(6) The task force shall elect one of its members to serve as chairperson.

(7) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.

(8) The task force shall meet at times and places specified by the call of the chairperson or of a majority of the members of the task force.

(9) The task force may adopt rules necessary for the operation of the task force.

(10) The task force shall present its findings and recommendations to the Department of Environmental Quality and the State Department of Agriculture no later than July 1, 2008. The findings and recommendations may include, but need not be limited to, findings and recommendations for technical studies, voluntary actions, regulation and proposed legislation.

(11) The Department of Environmental Quality and the State Department of Agriculture shall jointly report on dairy air quality to an interim committee related to agriculture or natural resources no later than October 1, 2008. The report shall include any recommendations of the departments for proposed legislation to reduce the emission of air contaminants by dairies.

(12) The Department of Environmental Quality and the State Department of Agriculture shall provide staff support to the task force.

(13) Members of the task force who are not members of the Legislative Assembly are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495 (Compensation and expenses of members of state boards and commissions). Claims for expenses incurred in performing functions of the task force shall be paid out of funds appropriated to the Department of Environmental Quality and the State Department of Agriculture for that purpose.

(14) All agencies of state government, as defined in ORS 174.111 ("State government" defined), are directed to assist the task force in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the task force consider necessary to perform their duties. [2007 c.799 §3]

Sec. 7. Section 3 of this 2007 Act is repealed on the date of the convening of the next regular biennial legislative session. [2007 c.799 §7]

Atty. Gen. Opinions

Motor Vehicle Emission Control Inspec­tion Program funding, (1974) Vol 37, p 130

1 Legislative Counsel Committee, CHAPTER 468A—Air Quality, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­468a.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 468A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­468aano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.