justicedao/ipfs_state_laws huggingface dataset:
635-900-0003 Key Expectations Underpinning the Climate and Ocean Change Policy (1) Based on current science, we expect that air temperatures will continue to increase and Oregon’s coastal waters will continue to acidify and become more hypoxic. These changes will result in cascading impacts that, in general, include: (a) Changing precipitation patterns, including a decreasing trend for snowpack volume, resulting in changes in streamflow characterized by increased frequency and severity of flooding, increased flows in winter, and decreased flows in late summer and fall; (b) An increasing trend in fresh- and marine- water temperatures; (c) A change in wildfire patterns, including an increase in the frequency and magnitude of intense wildfires; (d) Changing ocean currents and stratification, including changes in the frequency and magnitude of coastal upwelling; and (e) Rising average ocean levels. (2) We expect that these changes will not occur evenly in all habitats and that some species, biological communities, and habitats will have characteristics that make them more resistant to these changes. We also expect that these changes will not occur evenly through time. The frequency of years in which Oregon’s fish and wildlife experience good conditions will diminish and the frequency and magnitude of poor environmental conditions will increase. As a result of these changes, we expect a number of impacts, including but not limited to: (a) Changes in the distribution and range of many fish and wildlife populations; (b) Changes in food-webs resulting in negative effects on some key species and long term shifts of key ecosystems; (c) Conditions in some areas will become unsuitable to support self-sustaining populations of vulnerable native species; and (d) These changes will favor many non-native or invasive species, as well as bacteria, viruses, and parasites, and that this will negatively impact native species. (3) While we are already observing some of these changes and expect this to continue for many decades, even if greenhouse gas reduction efforts are successful, we recognize that there is uncertainty in the timing and extent of impacts to habitat, in the ability of fish and wildlife to adapt to changes, and in how changes in one part of a food web may impact the balance of ecosystems. Statutory/Other Authority: ORS 496.012, ORS 506.036, ORS 506.109 & ORS 496.138 Statutes/Other Implemented: ORS 496.012, ORS 506.036 & ORS 506.109 History: DFW 90-2020, adopt filed 07/14/2020, effective 07/14/2020
635-900-0005 Goals of the Climate and Ocean Change Policy (1) Ensure the Department understands the risks and opportunities associated with changing climate and ocean conditions and incorporates that understanding into all of the Department’s actions to maximize the conservation, use, and enjoyment of fish, wildlife, and their habitats for present and future generations. (2) Provide leadership toward a coordinated statewide and regional response that minimizes the impacts of changing climate and ocean conditions on Oregon’s natural resources and the communities, culture and economies reliant on them, and allows for sustainable use of natural resources in the future. (3) Increase public awareness about the current and future impacts of climate and ocean change on fish, wildlife, and their habitats and the value of resilient habitats for fish and wildlife, clean air and water, flood attenuation, recreational opportunities, and the natural resources economy. (4) Provide leadership towards achieving the reductions in global greenhouse gases emissions that will be needed to prevent worsening of the impacts by reducing the Department’s carbon footprint to the extent practicable, with the goal of reaching carbon neutrality. Statutory/Other Authority: ORS 496.012, ORS 506.036, ORS 506.109 & ORS 496.138 Statutes/Other Implemented: ORS 496.012, ORS 506.036 & ORS 506.109 History: DFW 90-2020, adopt filed 07/14/2020, effective 07/14/2020
635-900-0007 Implementation of the Climate and Ocean Change Policy (1) The Department should, as appropriate, lead a coordinated, long term statewide response consistent with direction in 635-900-0010 (Statewide Coordination of a Climate and Ocean Change Response) of this rule. (2) The Department will integrate relevant climate and ocean change monitoring and research needs into the planning, prioritization, and implementation of the Department’s science in accordance with the Key Principles in 635-900-0015 . (3) The Department will incorporate the relevant Key Principles in 635-900-0013 through 635-900-0020 into any new Department plans or policies and will revise any existing plans or policies to incorporate these principles as needed. (4) The Department will apply the relevant Key Principles in 635- 900-0 013 through 635-900-0020 when acting in a consultation, regulatory, or advisory role and when prioritizing the use of department resources. (5) The Department will develop a carbon reduction plan by 2022 that outlines how the Department will reduce its own net carbon emissions, with the goal of being carbon neutral by mid-century, through the construction, purchasing, and use of energy-efficient facilities, structures, vehicles, and equipment and by managing Department owned lands to sequester carbon. As a precursor to the development of a plan, the Department should assess its carbon footprint within a year from adoption of this policy and thereafter on a recurring basis not longer than 5 years. (6) The Department will develop a communications strategy and coordinate with local and regional partners to raise awareness of the impacts of climate and ocean change, the steps the Department is taking to counteract and adapt to the impacts on fish, wildlife and their habitats, and the value of resilient natural areas for both fish and wildlife, clean air and water, recreational opportunities, and the natural resource economy. Statutory/Other Authority: ORS 496.012, ORS 506.036, ORS 506.109 & ORS 496.138 Statutes/Other Implemented: ORS 496.012, ORS 506.036 & ORS 506.109 History: DFW 90-2020, adopt filed 07/14/2020, effective 07/14/2020
635-900-0010 Statewide Coordination of a Climate and Ocean Change Response (1) The Department should exhibit leadership in facilitating a coordinated statewide response to minimizing the impacts of the changing climate and ocean conditions on Oregon’s natural resources and the people who depend on those resources. (2) The Department should work with other executive branch natural resource agencies and appropriate federal, tribal, and local partners to complete inventories of the State’s natural resource assets . The inventories should also evaluate the vulnerability of our assets and/or their utility in improving preparedness to changing climate and ocean conditions, and identify areas for priority investment of resources . (3) The Department should work with other state, federal, and tribal natural resource agencies, academic institutions, and non-governmental organizations to ensure research and monitoring related to changing climate and ocean conditions is conducted efficiently by: (a) Identifying existing and new foundational data that are needed by multiple agencies to adequately monitor and project the impacts of changing climate and ocean conditions; (b) Coordinating the collection, storage, and analysis of this data; and (c) Ensuring there is appropriate consistency in the use of climate models and emissions scenarios. (4) The Department should work with other executive branch agencies, to the extent possible, to determine clear priorities for vulnerable natural resources within and across geographical areas of the state then coordinate implementation of regulatory and non-regulatory authorities consistent with these priorities. This collective effort should seek to address legacy impacts to fish and wildlife in priority areas and avoid or minimize further negative outcomes for fish and wildlife populations statewide. This collective effort should include collaboration with local, regional and tribal jurisdictions. (5) The Department should work with other state and federal agencies and local governments, to the extent possible, to review incentives and regulations that relate to the protection, enhancement, and management of fish and wildlife habitat with the goal of ensuring that the appropriate mechanisms exist to: (a) Achieve protections and enhancement in priority areas for fish and wildlife; (b) Encourage economic development that sustains essential ecosystems while providing preparedness for the impacts of the changing climate and ocean; and (c) Ensure that voluntary and regulatory actions are coordinated among agencies. (6) The Department should work with the public and landowners to encourage or incentivize habitat management that protects and enhances priority areas for fish and wildlife as well as increasing carbon sequestration. Statutory/Other Authority: ORS 496.012, ORS 506.036, ORS 506.109 & ORS 496.138 Statutes/Other Implemented: ORS 496.012, ORS 506.036 & ORS 506.109 History: DFW 90-2020, adopt filed 07/14/2020, effective 07/14/2020
635-900-0013 Climate and Ocean Change Key Principles for Coordination (1) The Department should collaborate and partner with other agencies, tribes, stakeholders, and academics to achieve successful implementation of this policy. (2) Collaborations and partnerships should span scientific expertise, stakeholder interests and regulatory authorities. Statutory/Other Authority: ORS 496.012, ORS 506.036, ORS 506.109 & ORS 496.138 Statutes/Other Implemented: ORS 496.012, ORS 506.036 & ORS 506.109 History: DFW 90-2020, adopt filed 07/14/2020, effective 07/14/2020
635-900-0015 Climate and Ocean Change Key Principles for Science (1) The Department should ensure that it is monitoring the appropriate metrics to document the changing climate and ocean conditions (e.g., flow, temperature, dissolved oxygen, ocean pH) and the impacts of those changes on fish, wildlife, and their habitats (e.g., distribution, survival, disease). (2) The Department should use appropriate analytic approaches to determine how species, biological communities, and habitats may respond to the changes in climate and ocean conditions on a time horizon that is relevant to a specific species’ life history. (3) The Department should conduct ongoing research to reduce key uncertainties related to the response of fish, wildlife, or their habitats to climate and ocean change. (4) The Department should communicate clearly about the uncertainty involved in predicting both the likely changes in climate and ocean conditions and the impacts on fish and wildlife to allow decision makers to take action in an informed way. (5) The Department should consider modifying the timing and location of research and monitoring during periods of adverse environmental conditions that are stressful to individuals. Handling of live animals should balance the benefits of the research and monitoring against the additional impacts to the animal, as well as risks to the population. Statutory/Other Authority: ORS 496.012, ORS 506.036, ORS 506.109 & ORS 496.138 Statutes/Other Implemented: ORS 496.012, ORS 506.036 & ORS 506.109 History: DFW 90-2020, adopt filed 07/14/2020, effective 07/14/2020
635-900-0020 Climate and Ocean Change Key Principles for Department Operations (1) The Department will consider the risk from the impacts of climate and ocean change in the design of new facilities or structures and identify existing facilities or structures at high risk of failure due to the impacts of a changing climate and mitigate those risks over time. (2) The Department will, to the extent practicable, operate equipment and facilities in such a way that they do not exacerbate the impacts of climate and ocean change on fish, wildlife and their habitats. (3) The Department will operate its own equipment and facilities in such a way as to reduce carbon outputs and/or sequester carbon as directed in a carbon reduction plan. Statutory/Other Authority: ORS 496.012, ORS 506.036, ORS 506.109 & ORS 496.138 Statutes/Other Implemented: ORS 496.012, ORS 506.036 & ORS 506.109 History: DFW 90-2020, adopt filed 07/14/2020, effective 07/14/2020
642-001-0000 Procedure for Notice of Intended Rulemaking Before adopting, amending or repealing any permanent rule, the Oregon Mint Commission will give notice of the intended action: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the rule; (2) By mailing a copy of the notice to persons on the Oregon Mint Commission's mailing list pursuant to ORS 183.335(7) at least 28 days before the effective date of the rule; (3) By mailing a copy of the notice to the legislators specified in ORS 183.335(14) at least 49 days before the effective date of the rule; and (4) By mailing or furnishing a copy of the notice to: (a) The Associated Press; (b) Associations with an interest in a commission’s rulemaking and publications whose readers have an interest in commission’s activities; and (c) Newspapers in primary production regions of the commodities represented by the commission. Statutory/Other Authority: ORS 183.341(4) & 579.100 Statutes/Other Implemented: ORS 183.341(4) History: OMC 1-2001, f. & cert. ef. 3-21-01 MC 1-1995, f. & cert. ef. 6-29-95 OMC 2-1984, f. & ef. 7-26-84
642-010-0005 Definitions (1) “Person” means any individual, corporation, association, partnership or joint stock company. (2) “Commission” means the Oregon Mint Commission. (3) “First Purchaser” means any person who buys mint oil from the producer in the first instance, or handler who receives the mint oil in the first instance from the producer for resale or processing. (4) “Producer” means a person or other legal entity producing mint oil in Oregon for market, whether as a landowner, landlord, tenant, sharecropper or otherwise. (5) “Handler” means any producer, processor, distributor or other person engaged in handling or marketing of or dealing in mint oil, whether as owner, agent, employee, broker or otherwise. (6) Mint oil consists of the oil of mint produced from but not limited to, M. piperita, (peppermint), M. cardiaca and M. spicata (spearmint). All peppermint and spearmint cultivars sold commercially are to be included. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576.325 - 576.365 History: OMC 1-1984, f. & ef. 6-18-84
642-010-0010 Assessments Any first purchaser shall deduct and withhold an assessment of twelve cents ($.12) per pound for all mint oil purchased after June 30, 2020. All mint oil produced in the State of Oregon is to be included. Statutory/Other Authority: ORS 576.325 - 576.365 Statutes/Other Implemented: ORS 576.325 - 576.365 History: OMC 1-2020, amend filed 04/16/2020, effective 07/01/2020 OMC 1-2014, f. 4-14-14, cert. ef. 7-1-14 OMC 1-2010, f. 6-15-10, cert. ef. 7-1-10 MC 1-1993, f. 6-10-93, cert. ef. 7-1-93 MC 1-1989, f. 4-19-89, cert. ef. 7-1-89 OMC 1-1984, f. & ef. 6-18-84
642-010-0015 Reports and Payments of Assessment Moneys First purchasers and handlers must submit completed and signed assessment reports on commission approved forms or formats. Assessment reports shall include all purchases by or deliveries to a first purchaser or handler of Mint. Monthly assessment reports and assessments are due in the commission office and must be postmarked by the last day of the month following the reporting month. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: OMC 1-2001, f. & cert. ef. 3-21-01 OMC 1-1984, f. & ef. 6-18-84
642-010-0020 Penalties (1) Penalty for delaying transmittal of assessment moneys "In addition to the penalties prescribed in ORS 576.991, any person who delays transmittal of funds beyond the time set by a Commission shall pay a penalty of 10 percent of the amount due and shall also pay one and one-half percent interest per month on the unpaid balance of the assessment. (2) A commission may waive the penalty and interest described in subsection (1) of this section upon showing of good cause." Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: OMC 1-2003, f. 12-10-03, cert. ef. 1-15-04 OMC 1-1984, f. & ef. 6-18-84
642-010-0025 Effective Dates of Assessment (1) The assessment to be withheld and paid by a first purchaser or handler, as required by ORS Chapter 576 and OAR 642-010-0010, or the reports required under OAR 642-010-0015, applies to and covers any purchase by him or delivery on or after July 1, 1984, of mint oil grown in Oregon. (2) This order shall be effective July 1, 1984, as postponement would result in serious prejudice to the public interest and particularly to the mint industry of this state. The Commission was only approved by referendum after a substantial number of the producers and all other segments of such industry agreed that cooperative programs were and are necessary to identify its needs with respect to research, education, and market development; studying legislation and regulation, state and federal, that affect the mint industry. It was a part of such opinion, and recently affirmed by a majority thinking of those in attendance at the public hearing, that such programs and the work of the Commission must start without delay. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: OMC 1-1984, f. & ef. 6-18-84
642-020-0100 Definitions (1) “Actual and necessary” means that a travel or other expense: (a) Is an actual expense incurred by a member in carrying out official duties; and (b) The expense is necessary to enable the member to carry out official duties. (2) “Member” means any individual appointed by the Director of Agriculture to serve on the Oregon Mint Commission. (3) “Non-qualified member” means a member other than a qualified member. (4) “Other expenses” includes, but is not limited to, expenses incurred by a member of the Oregon Mint Commission in employing a substitute to perform duties, including personal, normally performed by the member which the member is unable to perform because of the performance of official duties and which by the nature of such duties cannot be delayed without risk to health or safety. No member shall be reimbursed for expenses incurred in employing a substitute in excess of $25 per day. (5) “Official duties” includes: (a) Attendance at an Oregon Mint Commission meeting or subcommittee meeting; (b) Attendance at a conference or other activity as a representative of the Oregon Mint Commission, either at the request of the chair of the Oregon Mint Commission or as authorized in advance by a vote of the Oregon Mint Commission; and (c) Legislative testimony. (6) “Qualified member” means a member who is not in full-time public service and who had an adjusted gross income in the previous tax year: (a) Of less than $50,000, as reported on an income tax return other than a joint income tax return; or (b) Of less than $100,000, as reported on a joint income tax return. (7) “Travel and other expenses” includes meals, overnight lodging, transportation, postage, and the cost of attending, as a representative of the Oregon Mint Commission, an event associated with marketing, promoting, researching, or representing the commodity, such as a trade show, stock show, county fair, state fair, conference, or training. “Travel and other expenses” does not include: (a) Attendance at a sporting event, concert, theatrical or dance performance, or movie, including such events that occur at a trade show, festival, stock show, county fair, state fair, conference, or training; (b) In-room movie rental; (c) Telephone charges that are not associated with Oregon Mint Commission business; (d) Use of a gym or health club; (e) Cost of a gift for a host, business associate, family member, or Oregon Mint Commission member, employee, or contractor; or (f) Alcoholic beverages. Statutory/Other Authority: 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: OMC 1-2022, adopt filed 01/17/2022, effective 01/31/2022 OMC 1-2021, temporary adopt filed 09/20/2021, effective 09/25/2021 through 02/28/2022
642-020-0110 Qualified Members (1) In accordance with the procedures set forth in OAR 642-020-0130 and OAR 642-020-0140, the Oregon Mint Commission shall provide to a qualified member of the Oregon Mint Commission: (a) Per diem compensation equal to the per diem paid to members of the Legislative Assembly under ORS 171.072, for each day or portion thereof during which the qualified member is actually engaged in the performance of official duties; and (b) Reimbursement of actual and necessary travel or other expenses actually incurred in the performance of a member’s official duties within the limits provided in Oregon Accounting Manual Policy 40.10.00. (2) A qualified member of the Oregon Mint Commission may decline to accept compensation or reimbursement of expenses related to the qualified member’s service on the Oregon Mint Commission. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: OMC 1-2022, adopt filed 01/17/2022, effective 01/31/2022 OMC 1-2021, temporary adopt filed 09/20/2021, effective 09/25/2021 through 02/28/2022
642-020-0120 Non-Qualified Members (1) In accordance with the procedures set forth in OAR 642-020-0130, and only if there are funds available in the budget for such compensation, the Oregon Mint Commission may provide to a non-qualified member of the Oregon Mint Commission who is not employed in full-time public service per diem compensation equal to the per diem paid to members of the Legislative Assembly under ORS 171.072, for each day or portion thereof during which the non-qualified member is actually engaged in the performance of official duties. (2) In accordance with the procedures set forth in OAR 642-020-0140, the Oregon Mint Commission shall provide to a non-qualified member of the Oregon Mint Commission reimbursement of actual and necessary travel or other expenses actually incurred in the performance of a non-qualified member’s official duties within the limits provided in Oregon Accounting Manual Policy 40.10.00. (3) A non-qualified member of the Oregon Mint Commission may decline to accept compensation or reimbursement of expenses related to the non-qualified member’s service on the Oregon Mint Commission. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: OMC 1-2022, adopt filed 01/17/2022, effective 01/31/2022 OMC 1-2021, temporary adopt filed 09/20/2021, effective 09/25/2021 through 02/28/2022
642-020-0130 Procedures for Payment of Per Diem Compensation A member must submit a written claim for compensation to the Oregon Mint Commission no later than the 15th day of the calendar month following the month for which the member seeks compensation. For example, a claim for compensation for May 1 and May 10 must be submitted by June 15. The member must specify the amount of time the member spent performing official duties, as well as the nature of the official duties performed, for any day or portion thereof for which the member claims compensation. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: OMC 1-2022, adopt filed 01/17/2022, effective 01/31/2022 OMC 1-2021, temporary adopt filed 09/20/2021, effective 09/25/2021 through 02/28/2022