OFS SB-20 would shut down most pesticide use 040607

Our Klamath Basin Water Crisis
Upholding rural Americans' rights to grow food,
own property, and caretake our wildlife and natural resources.

Action Alert by Oregonians for Food and Shelter:

4/6/07, SB-20.

Please see the file below which is a pretty complete overview of SB-20. To put is mildly, it would shut down most pesticide applications across the state (the activist’s intended goal).

Please send this it to a many allies as you can and encourage them to at least show up on Tuesday morning. Everyone should also take a few minutes to contact each of the Legislators listed below with a short e-mail message asking them to OPPOSE SB-20. Numbers do count and your help would be appreciated.

Senate Environment & Natural Resources Committee members:

Sen. Brad Avakian, Chair [email protected] 503-986-1717

Sen. Jason Atkinson [email protected] 503-986-1702

Sen. Alan Bates [email protected] 503-986-1703

Sen. Roger Beyer [email protected] 503-986-1709

Sen. Floyd Prozanski [email protected] 503-986-1704

Also Email: Rep. Brian Clem [email protected] 503-986-1421

Rep. Mike Schaufler [email protected] 503-986-1448

Rep. Deborah Boone [email protected] 503-986-1432

Rep. Arnie Roblan [email protected] 503-986-1409

Rep. Paul Holvey [email protected] 503-986-1408

Sen. Vicki Walker [email protected] 503-986-1707

If you have any questions or comments, please contact Terry or Paulette on their cell phones:

Terry Witt: 503-569-3300
Paulette Pyle: 503-559-1279
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Oregonians for Food & Shelter
3415 Commercial Street SE - Suite 100
Salem, Oregon 97302-4668
For more information contact Terry Witt: (O) 503-370-8092 (C) 503-569-3300
Senate Bill 20 **OFS STRONGLY OPPOSES** 4/6/07
This poorly crafted bill has by far the greatest negative impact of all anti-pesticide bills introduced in
2007. It starts bad with erroneous “whereas” preamble statements about childhood cancer, then gets
worse. It is simply over-regulation designed to stop most pesticide use, thinly disguised as a school
children protection bill. It is an invented “problem” not support by real evidence.

The bill prohibits all use by a “pesticide applicator” or “public applicator” (even by hand or backpack
equipment) within one-half mile of school property, including the school building. An aerial or
power-driven application of any pesticide is prohibited within one mile of a school property during the
academic year, or spraying within one mile of a road that services that property during certain hours of
the day — but ONLY IF a highly detailed written plan is filed at least 14 days in advance with the
State Forester at ODF for forestland applications or a notice containing the same information to the
Director of ODA for all other applications by a licensed applicator, including to business,
institutional or residential properties. If a plan or notice is not filed, the prohibited use zone is five
miles around all school property.

The plan or notice is to be filed by the landowner or legal possessor of the property (renter or lessee) to
be treated. ODF or ODA is required to send this information within 3 days to all schools and
requesting public within five miles of the proposed use site, and must make comments or
recommendations on the submission no sooner than 14 days and no later than 21. The list of
information required (which is also being added to the Oregon Forest Practices Act) includes:

• Name of person for whom the pesticide is to be applied;
• Location of the land or property;
• Date and approximate time of application;
• Supplier of the pesticide;
• Trade name and strength of pesticide;
• Amount of active ingredient or concentration of the pesticide used per acre;
• Specific property or crop;
• Summary of equipment to be used, and FAA number if an aircraft;
• Name of the pesticide operator or public applicator/trainee;
• Detailed written plan ensuring no drift into prohibited areas; and
• A map with identifiable landmarks showing boundaries of the target spray area.

Not filing or submitting incorrect data is subject to $2,500 fine. SB-20 also allows ODF or ODA to
assess a filing fee for written plans/notices, of which ten percent would go to DEQ for monitoring air
and water quality in areas where pesticides have been sprayed.

SB-20 grants any person private right of action to file suit to enforce these requirements. In addition to
any person, it also specifies that a city District Attorney may bring an action for injunctive relief “to
prevent a violation,” which in essence negates current state law preempting local governments from
regulating pesticides. Such legal actions could greatly delay a “Right to Farm” protected application.
SB-20 is so flawed, including the premise, that it should NOT even be amended.

It has a hearing and possible work session in Senate Environment & Natural Resources Committee on
Tuesday, April 10th at 7:30 A.M. in HR-D.

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The Hearing Rooms are on the first floor of the State Capitol in Salem. The address is 900 Court ST NE, Salem. There are six hearing rooms located on the south wall. If you enter from the front of the Capitol, go past the Rotunda and the information desk. HR-D will be the first hearing room on your right. There will no doubt be many folks gathered out in the hall in front of it.

We suggest you arrive early. You can park at either the orange or gray colored parking meters within a 2-block radius of the Capitol. Either bring a lot of quarters to "stuff" the meter, or go to Room 51 in the basement and buy a parking pass good for all day. The cost for the parking pass is $6.00.

If you plan to testify, PLEASE let me know. Paulette will arrive early on Tuesday and sign everyone up that we know will be there to testify. If you let me know you’re coming, Paulette will have a parking pass available for you. She’ll be in the hallway prior to the hearing, so find her and she’ll provide you with a pass.

If you don’t let us know you’re coming, Terry suggests you park, go to Hearing Room D and sign up to testify (if you haven’t already notified us). Then get your parking pass, take it to your vehicle and place it in your rear view mirror. The "parking police" don't start work until 8:00 a.m., so if you arrive early, you should have plenty of time to take care of the parking detail.

Thank you for your help.

Terry, Paulette and Sandi