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Advancing Environmental Justice in 2023

Our 2023 Legislative Priorities

I am thrilled to report that we are gearing up for another very exciting year of advocacy and activism! Each year Beyond Toxics creates a list of priorities for the Oregon legislative session, working with our members and community partners to support strong public and environmental health policies for the state.

Our advocacy campaigns are rooted in environmental justice, putting equity and inclusion in all sectors of Oregon policy-making at the center of our work. I believe that, in order to build a thriving and just Oregon, we need to urge local legislators to vote in favor of strong and equitable policies that demonstrate an ongoing commitment to environmental stewardship and the advancement of human rights and dignity.

We are leading three priority initiatives during the 2023 Oregon legislative session. The issues addressed reflect areas of concern for frontline communities bearing the brunt of climate change and environmental degradation. Our team remains a steadfast advocate for all Oregonians, especially those living in underserved communities across the state.

These are our three legislative priorities for the 2023 session:

  • Help Oregon achieve its strong climate goals

  • Strengthen and update pesticide policies on school grounds

  • Increase accountability for waste incinerators to protect Oregon’s air quality

Natural Climate Solutions (SB 530)

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Creating Natural Climate Solutions
We are working with a statewide coalition to put forward the Natural Climate Solutions bill, SB 530. This could be a game-changer for climate action in Oregon! SB 530 is a comprehensive bill that will help the state achieve its climate goals, support Oregon’s environmental justice communities and small landowners, improve equitable outcomes in the face of climate change, and protect our state’s vital natural resources. 

If passed, SB 530 will…

  • Create an ongoing source of state funding for voluntary actions to draw down carbon from the atmosphere and store it on natural and working lands, such as forest land, farm land and wetlands;

  • Position Oregon to leverage federal funding and private investments in natural climate solutions on natural and working lands;

  • Fund and direct state agencies to provide incentives and technical support to forest owners, farmers, ranchers, and environmental justice communities on natural and working lands to adopt climate smart practices; and

  • Invest in a comprehensive Oregon natural and working lands inventory and study opportunities for workforce development and training.

In addition to all these climate benefits, implementing this bill will result in significant and measurable environmental benefits of cleaner air, healthier soils and protected drinking water.

This ambitious piece of legislation prioritizes activities that protect or improve the ability of Oregon’s natural and working lands to sequester carbon. This is the necessary climate action our state needs and, if it is successful, it will put an amazing framework in place to address greenhouse gas reduction in our forests, agricultural lands, and rangelands.” ~ Teryn Yazdani, Staff Attorney and Climate Policy Manager

 

Read more about the Natural Climate Solutions bill

Toxic Free Schools (SB 426)

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Pesticide Reduction and Improved Management Practices For Schools
Our second legislative priority is The Toxic Free Schools bill, SB 426, which is part of a three bill suite of environmental health bills lined up to protect children's health from exposure to toxic chemicals. The goal of SB 426 is to improve transparency around pesticide use in Oregon schools and provide funding to support schools integrated pest management planning. When Oregon's School Integrated Pest Management law was enacted in 2009, it did not allocate funding to the Department of Education or school districts to implement the law. As a result, many hazardous and unlawful pesticide applications have occurred on Oregon’s school campuses in the last thirteen years.

If SB 426 is passed, a proactive approach to adopting the safest pest management methods will ensure school children are not exposed to pesticides that can cause cancer and other negative health impacts.

If passed, SB 426 bill will…

  • Improve transparency around pesticide use in schools by aligning School IPM law with the Healthy and Safe Schools Act;

  • Direct the Department of Education to convene a stakeholder advisory group to coordinate and problem-solve IPM implementation in Oregon schools;

  • Provide funding for three pilot projects to implement an electronic Pesticide Applicator Recordkeeping application developed by Oregon METRO government;

Ultimately, the Toxic Free Schools bill will provide resources to the Department of Education to support school districts in updating and implementing IPM plans and improve transparency under Healthy and Safe schools. The goal is to prevent children's exposure to pesticides on athletic fields, playgrounds, cafeterias and learning spaces.” ~ Jennifer Eisele, Pesticide Policy Manager

Read more about the Toxic Free Schools bill

Oregon's Medical Waste Incineration Act (SB 488)

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Covanta waste incinerator, Chester, PA. Image courtesy of Chester Residents Concerned for Quality Living.

Air Quality Solutions
The third bill we are prioritizing is Oregon's Medical Waste Incineration Act, SB 488. This bill will close a regulatory loophole in Oregon’s air quality laws that allows a municipal waste (trash) incinerator to burn large amounts of medical and industrial waste, including waste trucked in from out-of-state. Each year, Oregon’s municipal waste incinerator burns more than 176,000 tons of municipal, medical and industrial waste. In recent years, this incinerator has steadily increased their tons of out-of-state hospital and medical waste every year! Burning medical waste, which is often plastics such as PVC, is known to emit more toxic pollutants than most municipal waste due to the complex nature of medical waste. As medical waste incineration increases, emissions of dioxin compounds and other dangerous chemicals also increase. Dioxin is a highly hazardous toxin linked to cancer and reproductive problems. Currently, the incinerator is regulated under the relatively lax rules despite burning a large percentage of out-of-state medical waste. Oregon can close loopholes in the law that will reduce emissions from waste incinerators. The large amounts of air toxics emitted from its stack has impacted human and environmental health around Marion county for over 30 years.

Now is the time to pass SB 488 to implement a much-needed update to Oregon clean air laws. Oregon must adopt stricter emission limits for incinerators burning large amounts of medical waste incineration. The result will be improved air quality for communities around waste incinerators now and into the future.

If passed, SB 488 will…

  • Give the DEQ the authority to accurately assess how many tons of medical waste is burned annually at a trash incinerator facility;

  • Apply the stricter emission limits required for medical waste incinerators under federal law;

  • Regulate a large polluter and ensure better environmental protection and public health outcomes for all Oregonians.

In essence, Covanta Marion is a medical waste incinerator masquerading as a municipal waste incinerator by taking advantage of this loophole. Covanta Marion essentially doubles its profits by importing medical waste from out of state. The fact that Covanta Marion can burn medical waste and pollute while taking advantage of weak environmental regulations makes Oregon a dumping ground for the toxic pollution that other states don’t allow.” ~ Lisa Arkin, Executive Director

Read more about Oregon's Medical Waste Incineration Act


What To Expect
The Beyond Toxics team will fight to pass all three bills during the 2023 legislative session. Our goal is to keep advancing stronger policies that implement meaningful change for Oregon’s environmental policies and prioritize human and environmental health.

However, we do not work alone! We rely on support from local communities and people that are concerned about environmental and public health issues. You can help us get these bills passed this session!

Here’s how you can get involved right now…

  • Plan for action! Start planning to submit written testimonies in favor of these bills once the hearings begin. The legislative session moves quickly so it’s a good idea to start thinking about your stance on these issues now.

  • Spread the word! Share your thoughts about these bills with your family and friends and encourage them to write their own testimonies in support of any of these three bills.

  • Check your socials! Follow @beyondtoxics on Facebook, Instagram and/or Twitter and keep an eye out for upcoming Action Alerts in your feeds.

Krystal Abrams, Communications Manager

Dorris Ranch Orchard: New Season, New Start

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Dorris Ranch is a popular public park in Springfield and one of my favorite places to walk trails through a historic orchard and along the Willamette River. Although I have seen people picking blackberries and foraging for other edible plants and fungi in the forest near the orchard, I have never given much thought to pesticides that might be used there. I have always felt that the public should not have to be concerned about chemical hazards in public places with open access.

Last summer, I noticed that a community member was posting concerns about heavy pesticide use in the orchard on social media. This person also called on the Willamalane Parks District to stop all pesticide use. They reached out to Beyond Toxics and we began communicating with Willamalane Parks and Recreation District managers about the pesticides used at Dorris Ranch and concerns from the public.

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The orchard gets a pesticide (Asana XL) application from an air blaster. (Aug. 2021) Photo courtesy of the Oregon Department of Agriculture.

Lisa Arkin, Beyond Toxics Executive Director and I met with the concerned community member who raised the issue. They lived in the Springfield neighborhood between the Dorris Ranch orchard and the Willamette River. The neighborhood is beautiful. A few dozen homes have backyards along the property line of the Dorris Ranch hazelnut orchard, divided only by a flimsy chain link fence.

We walked through the neighborhood and chatted with a few residents the evening before the scheduled spray. A few people were aware there was going to be work done in the orchard but were unaware of any details. Considering the proximity of the orchard to the homes during the spray, with only a barrier of a chain link fence, it was apparent that it would be nearly impossible for them to avoid pesticide residue reaching the homes. 

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Lisa's dog, Rafa, runs in the orchard with one of his companions. Photo by Lisa Arkin

My experience taught me that such pesticide use, along with the inevitable spray drift and the proximity to the neighboring properties represented a significant risk for exposure. We got permission from local residents to set out pesticides drift sample trays in their yards before the spray. 

ODA Arrives for Oversight

An Oregon Department of Agriculture (ODA) investigator was present to observe the orchardist pesticide application on August 3rd and 4th, which was the last pesticide application for the year. For those days the orchardist used an insecticide called Asana XL to treat moths whose larvae can bore into hazelnuts and destroy the nut. 

The ODA investigator took lots of photos to document the spray and noted the temperature throughout the day, as pesticides can often volatilize at higher temperatures. The Willamette Valley was under an extreme heat wave during this time.  

The investigator noted open windows at homes next to the orchard with fans blowing air inside during the spray. The ODA investigator documented barely legible notes by the orchardist that served as two years of pesticide application records at the orchard.  

After The Spray

The next day we collected our sample trays and plant leaf samples from the backyards after the spray happened and sent them to a lab to test for pesticides. When we received the results from the lab, we were not surprised to see low levels of pesticide residue detected on one of the samples. We sent the lab results to ODA to show that pesticide drift had reached the homes outside the orchard. The ODA returned to collect their own vegetation samples from the yard at the same residence where we found drift and also inside the orchard. The resident had since removed the squash plant where we took our samples and the samples collected by the ODA nearly a month later did not detect pesticide residue at the residence. However, high levels of pesticide residue were still present on the orchard trees. This pesticide is labeled to cause skin irritation and there is ZERO tolerance for residue on food and it should not be accessible in a public park. 

Willamalane Responds

In September, a month after the last spray, Willamalane reached out to Beyond Toxics and interested community members and invited us to participate in an Ad Hoc Advisory Committee to make recommendations to the Willamalane Board of Directors about changes in orchard management practices. Committee members included a representative from the National Parks Service, who advised the committee about the historic values of the Dorris Ranch Park and orchard and cultural landscape. A horticulture expert from OSU provided options on Integrated Pest Managament (IPM) practices including pest trapping and monitoring, and less toxic pesticides for each pest throughout the growing season. An organic hazelnut farmer provided a presentation about organic management of hazelnuts through harvest, processing and marketing. Beyond Toxics advocated for better signage and public notice to neighbors and park visitors, better recordkeeping, and most importantly, we focused on developing a community value of non-toxic public spaces.

On December 1, 2021 the AdHoc Committee recommended that the District transition the Dorris Ranch hazelnut orchard to organic management. The Willamalane Board of Directors voted on December 8, 2021 to immediately discontinue using the most hazardous pesticides used in the orchard in favor of less toxic products. They also requested Willamalane staff to obtain further information about the cost of transitioning to organic.   

 

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Jennifer Eisele, Pesticide Program Manager, visiting Dorris Ranch Orchard. Photo by Emily Cook.

 
A New Season, a New Start

As spring approaches, I’ve returned to the trails at Dorris Ranch. I feel so heartened to see the beginning of new life in the orchard. Nineteen acres of blight-infected trees have now been removed and replaced with a variety of blight-resistant baby hazelnut trees. The most immediate benefit  will be to reduce the amount of pesticides used at the orchard. I’m looking forward to seeing the other changes still to come. My sincere hope is that, with the involvement of citizen power, Beyond Toxics can help make Dorris Ranch a safer public space for visitors and neighbors, pets and wildlife.

~ Jennifer Eisele, Pesticide Program Manager

 

Find out more about the panel that will dive into the issue more deeply at the 40th Annual Public Interest Environmental Law Conference: "Water, Pollinators & Public Spaces: A Local Model for Collaborative Pesticide Policy Reform" on Friday, March 4th, from 1:30-2:30 pm.

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Time to celebrate Oregon’s climate action success!

 

Did you hear the BIG news? On December 16th, 2021, the Oregon Environmental Quality Commission voted 3-1 in favor of establishing the Department of Environmental Quality’s new Climate Protection Program to reduce greenhouse gas emissions from fossil fuels used in Oregon. Beginning in 2022, this program will help secure a healthy climate future, invest in frontline communities, and hold corporate polluters accountable. And while the final program may not be perfect, it sets in motion a massive statewide effort to reduce emissions from the use of transportation fuels and natural gas utilities. The outcome is transitioning Oregon off of fossil fuels and setting an example for other states to follow.

Here are some key highlights from the new program:

  • Science-based emissions reduction targets for oil companies, "natural" gas utilities like Northwest Natural and Avista, and major industrial facilities to cut their climate pollution in half by 2035. This presents opportunities to innovate, propelling Oregon toward a clean energy future.

  • Improved public health and resiliency for communities in Oregon most harmed by burning fossil fuels and climate change. Reducing harmful pollution can save Oregonians billions of dollars annually by avoiding health impacts such as lost workdays to asthma and respiratory effects, to heart attacks and hospital visits, to fatal outcomes.

  • Investments in clean energy projects to support job creation, a strong economy, and cleaner, cheaper, healthier energy and transportation options in communities of color, tribal, low-income, rural and coastal communities across the state.

Powerful Public Engagement 
A whopping 7,600 comments on the Climate Protection Program (CPP) rules were sent to the Department of Environmental Quality (DEQ), exceeding typical comment period totals by thousands. Noting the severity and urgency of the climate emergency we face, over 70% of these comments were in support of adopting strong outcomes for climate, equity, and the environment without delay. 

In response to the tsunami of public comments, the CPP rules were strengthened in the following ways: 

  • The “cap” placed on oil companies and fossil gas utilities to reduce their emissions was made more aggressive to require 50% reduction by 2035 and 90% reduction by 2050. Previous versions of the CPP rules included a reduction of just 45% by 2035 and 80% by 2050.

  • The final program sets emissions targets for major industrial facilities covered by the program to cut their climate pollution in half by 2035. Previous drafts of the CPP rules failed to set mandatory reductions for these emissions sources.

  • The program will fund up to $500 million annually in Community Climate Investment (CCI) projects to support cleaner, cheaper, healthier energy and transportation options in communities of color, tribal, low-income, rural and coastal communities across the state. DEQ strengthened rule language to make it clear these investments would prioritize environmental justice communities.

Calling for Carbon Sequestration
Also, Beyond Toxics took a strong, loud stance to push Oregon to invest in carbon sequestration! In order to truly mitigate and adapt to the impacts of climate change, we know that pulling down atmospheric carbon and storing it in our soils, trees and vegetation, and waters must be prioritized alongside efforts to ratchet back greenhouse gas emissions. This will not only benefit our climate but also result in better soil health, water availability, and air quality.

During the Environmental Quality Commission's (EQC’s) vote to approve the Climate Protection Program, carbon sequestration took the main stage once again. As a result, the Department of Environmental Quality is going to coordinate with the Oregon Global Warming Commission to discuss opportunities to support carbon sequestration in Oregon’s forests, agricultural lands, and wetlands moving forward.

We expect this important discussion to continue at the EQC’s next meeting in early February.

Grit and Gratitude
Public participation throughout the rulemaking process played a major role in improving the final program. Your written comments as well as your presence and voices at public hearings were critical to strengthening the initial rule package developed by DEQ staff. EQC commissioners heard you. You helped make a difference!

As I reflect upon the past year, I find so many reasons to be hopeful. In doing this work, I find great resolve to keep advocating for meaningful climate action. The Climate Protection Program shows how truly powerful public involvement can be to achieve a stable and just climate future. Thank you for contributing to these outcomes.

And while we celebrate this significant progress for the state, we know our work is not done.

One large omission from regulation by the Climate Protection Program is power plants that burn fossil fuels in Oregon and export electricity to other states--that must be fixed! Continued diligent monitoring and engagement will be required to ensure that this program delivers the promised reductions in climate pollution and investments in environmental justice communities.

Our game plan is to continue our efforts to support and encourage public engagement. We must build upon our success to convince state agencies to go farther, think bigger, act faster and adopt the strongest policies.

~ Grace Brahler,
Oregon Climate Action Plan & Policy Manager for Beyond Toxics

Old Growth

Stand to Protect Climate, People and Forests

Beyond Toxics does not shy away from tough issues. It takes time, tenacity and creativity to solve problems. For example, we are in our second year of fighting to stop the use of chlorpyrifos in Oregon. We’ve presented two bills that got caught up and swept away by the Republican walk-outs in 2019 and 2020. We followed that with a campaign for a chlorpyrifos phase-out that we expect to be adopted by the end of this year.

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Contact

Lane County Office
120 Shelton McMurphey Blvd.
Suite 280
Eugene, OR 97401

+1 (541) 465-8860

Jackson County Office
312 N. Main St., Suite B
Phoenix, Oregon 97535

+1 (541) 465-8860 ext. 2

Mailing Address
P.O. Box 1106
Eugene, OR 97440

Hours
Daily: 9:00 am - 5:00 pm
Saturday: Closed
Sunday: Closed

info@beyondtoxics.org

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