Friday, April 22, 2022 CapitalPress.com 5 End of canola acreage limit may free cultivation 4 or trigger battle By MATEUSZ PERKOWSKI Capital Press AMITY, Ore. 4 The 500-acre limit on canola planting in Oregon9s Wil- lamette Valley expires next year, either allowing its free cultivation 4 or trigger- ing another legislative battle over crop restrictions. This summer, farmers in the region must obtain approval to plant fall canola from the Oregon Depart- ment of Agriculture for the ¿QDOWLPHXQGHU6HQDWH%LOO 885, which caps the crop9s annual acreage. Supporters of expanding canola production in the val- ley are hopeful that changed political circumstances and D ODFN RI FRQÀLFWV RYHU WKH FURS ZLOO LPSHGH H൵RUWV WR restrict its production. <I think trying to stop a commodity will face greater opposition than it has in the past,= said Anna Scharf, a farmer near Amity and a state representative. <There are no disaster cases to fall back on. I don9t think there9s an appetite to regulate any- more where there are no major issues.= Lawmakers passed the 500-acre restriction in 2019 at the request of specialty seed companies, extend- ing a limit that had been imposed six years earlier when a study of canola9s impacts was initiated. That Oregon State Uni- versity study concluded that canola posed no greater threat to the specialty seed industry than other brassica crops, such as radish and turnips. The Willamette Valley Specialty Seed Associa- tion has long opposed unre- stricted canola planting, fearing cross-pollination with related seed crops and a greater potential for dis- HDVHV D൵HFWLQJ RWKHU EUDV sica plants. Canola proponents point out that canola9s been grown in the valley for nearly a decade but specialty seed buyers haven9t contended ZLWKJHQHÀRZSUREOHPVRU seen their customers aban- don the region. <Since then, we9ve never had a single issue that9s been brought to ODA,= Scharf said. As SB 885 approaches LWVVXQVHWLQPLGR൶ cials from ODA do not plan WR SURSRVH FDQRODVSHFL¿F planting regulations as they did in 2019, when the previ- ous cap was nearing its end. In 2019, the agency pro- posed a 937,000-acre <iso- lation area= in the cen- tral valley where farmers couldn9t plant canola, leav- ing roughly 1.5 million acres available to the crop. The time-consuming rule-making process ulti- mately proved moot when SB 8859s approval pre- empted the agency9s pro- posed regulations. <Over the years, the Ore- gon Legislature has shown a keen interest in canola and the conversation will likely come up again in 2023. ODA looks forward to working with the Legis- lature if they decide to take on canola once again,= said Andrea Cantu-Schomus, the agency9s communica- tions director. Meanwhile, the WVSSA isn9t commenting on how it plans to deal with the leg- islation9s sunset next year, said Angie Smith, its execu- tive director. Radish and turnips grown for cover crop seed have been grown without an acreage limit in the val- ley while coexisting with the specialty seed indus- try. Critics of SB 885 say this undermines the ratio- nale for singling canola out for tougher regulations than other brassicas. <I9d like to see them treating it like any other crop. We don9t have an acre- age cap for any other crop,= said Kathy Hadley, a farmer near Rickreall, Ore. Like Scharf, Hadley has urged lawmakers and ODA against subjecting canola to more burdensome rules, but she9s not sure whether resistance to the crop has decreased. <There9s still a lot of peo- ple who don9t want it grown, so a lot will depend on how hard they push and how much money they spend,= she said. It9s possible the lack of problems with canola simply means the crop9s been <out of sight, out of mind,= but won9t actually reduce oppo- sition to expanded cultiva- tion, Hadley said. <I don9t know that it9s changed anybody9s mind, per se,= she said. Scharf said she9s optimis- tic because many lawmak- ers will be newcomers to the statehouse next year, unbur- dened by opinions formed during past battles over canola. Though she9s long advo- cated for the crop, Scharf only became a legislator her- self last year. She expects to win re-election in her conserva- tive-leaning district this fall and educate other lawmakers DERXWEHQH¿WVRIFDQRODSUR duction, should new restric- tions be proposed next year. Canola is a globally traded commodity, so farm- ers can plant it without obtaining contracts, which dictate the terms of spe- cialty seed production and often require they wait for payment. Growers can be paid for canola immediately upon delivery while hedging and locking in prices using the futures and options markets. Rotating canola with grass seed production would provide farmers with agro- nomic advantages, said Jason Scharf, Anna9s husband. <I9ve always compared it to wheat because it9s one of our grass seed rotations,= he said. <I can control grass in it better than I can with wheat.= Prices for canola have also made it more attractive to regional farmers: The crop is currently fetching up to 48 cents per pound, up 10 cents from a year ago and 30 cents more than two years ago, he said. 5HQHZDEOHGLHVHOUH¿QHU\UHDFKHV milestones, faces continued opposition By GEORGE PLAVEN Capital Press &/$76.$1,(2UH²&RXQW\R൶ cials in northwest Oregon have signed R൵RQDELOOLRQSURSRVDOWREXLOGZKDW would be the largest renewable die- VHO UH¿QHU\ RQ WKH:HVW &RDVW GHVSLWH objections from nearby farms and landowners. NEXT Renewable Fuels wants to EXLOG WKH UH¿QHU\ DW 3RUW :HVWZDUG Industrial Park near the Columbia River in Clatskanie, producing up to 50,000 barrels of renewable diesel per day from recycled organic materials such as used cooking oil. The Columbia County Board of Commissioners voted in February to approve conditional use permits for ERWK WKH UH¿QHU\ DQG D UDLOZD\ EUDQFK line to the property. Part of the track would cross land zoned for Exclusive Farm Use. State regulators also approved the project9s wetland mitigation plan at a site within the neighboring Beaver Slough Drainage District, where farm- ers raise livestock and grow high-value crops such as mint and blueberries. Opponents argue the development threatens local agriculture and the envi- ronment, while supporters say it will create hundreds of jobs and displace more than 7 million tons of carbon dioxide every year by supplying clean- er-burning renewable diesel. <I see extraordinary opposition to this project from my neighbors and the Beaver Drainage District, all of whom may be severely impacted by NEXT9s GHHSO\ ÀDZHG SODQ´ VDLG 0LNH 6HHO\ who farms about 650 acres of mint in the area with his son, Warren. Branch line or rail yard? Seely, Columbia Riverkeeper and 1000 Friends of Oregon and challeng- ing the legality of the rail portion of the project. Their appeal hinges on whether the 4.7 miles of track constitutes a branch line, which is permitted on Exclusive Farm Use land, or a rail yard, which is not allowed unless the developer gets an exception under Oregon9s land use plan- ning laws. 5DLOWUDQVSRUWWRDQGIURPWKHUH¿Q ery would be capped at 318 cars per week, according to the permit issued by Columbia County. In written comments submitted to the county on Jan. 18, Gordon How- ard, community services division man- ager for the Oregon Department of Land Conservation and Development, said the facility <appears to be a storage yard or rail yard= and not a branch line. <The applicant provided no narrative to address how this line will be used, George Plaven/Capital Press Warren Seely, left, and his father, Mike, farm about 650 acres, most of it pep- permint, in the Beaver Drainage District. They say a proposed wetland mit- igation project could af ect how the district operates and put farms at risk. Port Westward, the Oregon Department of State Lands ordered NEXT to enhance 476 acres of wetlands elsewhere to com- pensate for plants and wildlife. After scouting for mitigation sites along a 40-mile stretch of the Columbia River, NEXT contracted to buy the land it needs from the former GreenWood Resources Lower Columbia Tree Farm, DERXWDPLOHIURPZKHUHWKHUH¿QHU\ZLOO be built. That property, however, is within the 5,717-acre drainage district, which man- DJHVZDWHUOHYHOVIRULUULJDWLRQDQGÀRRG control. The district is in a low-lying area that has been farmed since the 1860s. Dikes were built in the 1920s by the U.S. Army Corps of Engineers to hold back the Columbia River. Warren Seely 4 Mike9s son 4 is the district president. He said NEXT9s mitigation project poses several issues, including the spread of new weeds and SHVWVLQWRQHLJKERULQJ¿HOGV Ground excavation could also hit areas of high underground water pres- sure, known as <boil points,= that could overwhelm the district9s pumping capac- ity, Warren Seely said, leaving farmland submerged and crops ruined. <Ultimately, what we9re responsi- ble for is maintaining the integrity of the levees and drainage system,= he said. <We feel that pretty much all of our concerns up to this point have not been DGGUHVVHGRUKDYHEHHQEUXVKHGR൵´ 7KHGLVWULFW¿OHGLWVDSSHDOWR'HSDUW ment of State Lands on April 11. Even with DSL and county permits in hand, NEXT still has a ways to go before breaking ground. Wetland mitigation The U.S. Army Corps of Engineers The Beaver Slough Drainage District is also appealing whether the state erred must complete an Environmental Impact LQJUDQWLQJ1(;7DUHPRYDO¿OOSHUPLW Statement for the project, which Hinrichs for wetland mitigation related to building said could take up to a year. The state Department of Environmental Quality is LWVUH¿QHU\ Since construction would disturb a lit- also considering whether to issue an air tle more than 117 acres of wetlands at TXDOLW\SHUPLWIRUWKHUH¿QHU\ ZKHUH DQG KRZ WKH RQ DQG R൵ORDG ing will occur and what measures are in place to ensure that adjacent uses and resources are protected from the activ- ity that may take place there,= Howard wrote. Mary Kyle McCurdy, deputy direc- tor of 1000 Friends for Oregon, said the county should have required a deeper analysis of how the rail would impact surrounding farms. ³:H KDYH KHDUG WKH VLJQL¿DQW FRQ cerns of area farmers,= McCurdy said. <The county9s failure to address these puts at risk many acres of irreplaceable farmland.= NEXT spokesman Michael Hinrichs VDLGWKHUH¿QHU\ZLOOUHFHLYHIHHGVWRFNV and ship out renewable diesel mostly via barges on the Columbia River. The rail line, he said, is a contingency measure in the event river passage is closed. <We are a water-dependent facility,= Hinrichs said. <The rail (proposal) is a permit for an unlikely scenario.= Hinrichs estimated 1,000 to 2,000 feet RIWUDFNLVQHHGHGWRFRQQHFWWKHUH¿QHU\ to the main rail line. The remaining mile- age will be on the project site and allow NEXT to move trains without holding up UDLO WUD൶ F DQG EORFNLQJ LQWHUVHFWLRQV KH said. Seely said he and other farmers remain concerned about possible spills, and set- ting a future precedent for more rail devel- opment on farmland. <If this gets approved, then it basically allows anybody to do whatever they want on agricultural ground with a rail,= he said. Oregon land use agency names new director By PETER WONG Oregon Capital Bureau SALEM 4 Brenda Orti- goza Bateman will move from Business Oregon to lead the Department of Land Conservation and Develop- PHQWH൵HFWLYH0D\ Her appointment was announced by Robin McAr- thur, chairwoman of the Land Conservation and Develop- ment Commission, whose seven members are empow- ered to choose the director of the state land use planning agency. The commission and agency were created by the 1973 Legislature, which required city, county and metro plans to follow state- wide planning requirements known as goals. Bateman, a veteran of two state agencies, will succeed Jim Rue, who at 11 years was the agency9s longest-serving director. The agency has a two- year budget of just under $30 million and employs 65 people. McAr- thur said Brenda in a state- Ortigoza ment that Bateman Bateman was the right choice as the agency takes on new responsibilities. <From clean energy development, to managing our coast, taking on issues of housing supply and preserv- ing our natural resources, clear guidance and strong direction is imperative to DLCD9s success in these areas,= McArthur said. <While we were fortu- nate to have had a number of TXDOL¿HG FDQGLGDWHV ZKLFK PDGH WKH GHFLVLRQ GL൶ FXOW we are enthusiastic about our support of Dr. Bateman. I DPFRQ¿GHQWWKHDJHQF\ZLOO thrive under her direction.= For the past three years, Bateman has been the chief RSHUDWLQJR൶ FHUDQGDVVLVWDQW director for operations and ¿QDQFH DW WKH 2UHJRQ %XVL ness Development Depart- ment, known as Business Oregon, where she worked in strategic planning, imple- mentation and management roles with a focus on natural resources policy. She serves on the Governor9s Climate Cabinet and is an appointee of the governor on the Ore- gon Geographic Information Council. From 2007 until 2019, as administrator of its technical services divi- sion, Bateman was sci- ence chief and senior policy adviser at the Oregon Water Resources Department, where she co-authored the 2012 and 2017 versions of Oregon9s integrated water resources strategy. As a past president of the American Water Resources Associ- ation, she represented the association internationally in venues such as the World Water Forum and World Water Congress. From 2004 to 2007, she was a policy coordinator for the Tualatin Valley Water District. She earned a doctorate in public policy in 2003 from the University of Mary- land Baltimore County, and bachelor9s and master9s degrees in international relations and international law/economics in 1992 and 1993 from Johns Hopkins University. Rue joined the state land use agency in 2009, became its acting director in 2011 and elevated to the job per- manently in mid-2012. Before then, he had been general manager for envi- URQPHQWDOD൵DLUVDWWKH5% Pamplin Corp. He also sat on the state Board of Agri- culture for eight years. Washington mulls rule for working in smoke ODVW VXPPHU¶V ¿UH VHDVRQ L&I adopted an emergency rule for working outdoors in Washington farms will ZLOG¿UHVPRNH7KHUXOHKDV have to require workers to expired. ZHDU VPRNH¿OWHULQJ PDVNV The department plans to ZKHQHYHU ZLOG¿UHV PDNH impose another emergency the air hazardous to inhale, rule for this summer, while it under a rule being consid- continues working on a per- ered by the state Department manent regulation. L&I has of Labor and Industries. not formally proposed a new The mask mandate would emergency rule, but has cir- kick in if the concentra- culated a draft. The depart- tion of tiny smoke particles ment will host an online reaches 555 micrograms per meeting from 1 to 4 p.m. cubic meter. The Environ- April 27 to talk about its mental Protection Agency proposal. FODVVL¿HV FRQFHQWUDWLRQV RI The 2022 emergency 205.5 and higher as likely to rule likely will carry over D൵HFWHYHU\RQH requirements from last year. The mandate would apply Employers will be respon- to other outdoor workers, as sible for checking air qual- well as farmworkers. During ity and required to inform By DON JENKINS Capital Press workers about the hazards of smoke. Workers sickened by smoke must be treated. Last year9s rule did not include a mask mandate. Under the draft proposal, employers would have to provide N95 masks or other UHVSLUDWRUV FHUWL¿HG E\ WKH Centers for Disease Control and Prevention. Surgical masks, scarves or bandanas are examples of face coverings that would not be good enough, accord- ing to L&I. If the EPA9s air-qual- ity index hits 69, or 20.5 micrograms per cubic meter, employers would be <encouraged= to provide respirators and <implement exposure controls.= Sprinklers • Rain Guns Drip Tape • Dripline • Filters • Poly Hose Lay Flat Hose • Micro • Valves • Air Vents Fertilizer Injectors ...and much more! Fast & Free Shipping from Oregon 1-844-259-0640 www.irrigationking.com 10% OFF PROMO CODE: CAP10 S280808-1