Natural Resources
Legislative Report - December Interim 2024
Natural Resources Team
Coordinator: Peggy Lynch
-
Coastal Issues: Christine Moffitt, Peggy Lynch
-
Columbia River Treaty: Philip Thor
-
Emergency Management: Lily Yao
-
Forestry: Josie Koehne
-
Elliott State Research Forest: Peggy Lynch
-
Northwest Energy Coalition: Robin Tokmakian
-
Oregon Health Authority Drinking Water Advisory Committee: Sandra Bishop
-
Water: Peggy Lynch
-
Wildfire: Carolyn Mayers
-
Ways and Means Natural Resource Budgets/Revenue: Peggy Lynch
Jump to a topic:
Agriculture
Look for a new lobbying group to Keep Oregon Farming by advocating for MORE uses on farmland. A separate group will be advocating for reducing the current number of uses on farmland. The Land Conservation and Development Commission (LCDC) updated their Farm and Forest rules (starting on page 16) at their December meeting. The rules are meant to codify case law to help local governments administer land use applications.
Budgets/Revenue
The new Chief Economist provided the Governor and legislature with a positive Revenue Forecast on Nov. 20th which included an increase in expected revenue for 2025-27 and a larger personal kicker. Here is their Press Release. As a result of the increase from the Sept. forecast, the Governor adjusted her draft budget to add staff and/or programs before her Dec. 2nd budget release. Her budget is required to be “balanced” so she did not address the revenue shortfall for the Oregon Dept. of Transportation (ODOT). Instead, she acknowledged the work of the Joint Transportation Committee and its many hearings around the state and left it to the legislature to figure out exactly how to fund ODOT’s responsibilities.
The Emergency Board met on Dec. 12th. Here is their agenda. See the meeting materials or the Subcommittee meetings for details of the requests.
Budgets 2025
By Peggy Lynch
Now that the Governor’s budget (GRB) has been released, the state agencies, who work for the Governor, can only advocate for the GRB. Their agency request budgets (ARBs) were used as a basis for the Governor’s decisions, but it is the GRB that now governs. However, the Governor proposes; the legislature disposes. And those of us who engage in the budget process now must focus on convincing legislators (especially the Ways and Means Committee and the Subcommittees) of the need to fund those programs and staffing the League determines as priorities using our League positions).
The next Revenue Forecast will be Feb. 26th. The legislature will use that forecast to do a final rebalance of the 2023-25 budget. Then the May 14th forecast will be the basis for the legislature to determine the 2025-27 state budget.
Climate
By Claudia Keith and Team
Here are future climate projections for Oregon counties. See the Climate Emergency section of this Legislative Report. There are overlaps with this Natural Resources Report. We encourage you to read both sections.
Coastal Issues
By Christine Moffitt and Peggy Lynch
There is a new advocacy group addressing ocean issues for the 2025 session: The Oregon Ocean Alliance. Among the issues we expect to be addressed is protection of eelgrass. Other concerns: “A new report spells out exactly how much Oregon’s kelp forests have dwindled over the past decade or so — and the picture is bleak.” “Kelp forests are a key marine ecosystem. They act as a home and nursery for a number of fish species important in Oregon’s commercial and recreational fisheries.” Then two groups are launching a campaign to address shoreline erosion. And climate change is causing low-oxygen levels per an OSU report.
The Dept. of Land Conservation and Development (DLCD) hosted a kickoff meeting of the Offshore Wind Energy Roadmap Roundtable on November 1st. The video from the kickoff meeting is available on DLCD's YouTube channel here: Offshore Wind Roadmap Roundtable Kickoff. The agenda and meeting materials may be found here, and a copy of the slides may be found here. For more information on the Oregon Offshore Wind Energy Roadmap, please visit the DLCD webpage here: Offshore Wind Roadmap. This engagement was supported by LWVOR and HB 4080 (2023). For more information on offshore wind, this article provides a great update.
The Port of Coos Bay has received a number of federal grants. $25 million was awarded to advance environmental review, permitting, and preliminary engineering and design for the intermodal terminal component of the larger PCIP project, including the railyard, container yard, wharf, and berths. The entire project is expected to cost $2.3 billion! Another $29 million was awarded to upgrade the railroad so there is a land connection to I-5. The League has many concerns about this project and its effect on that eelgrass mentioned above. It is also located in an area where a tsunami could destroy the Port.
Columbia River Treaty
By Phillip Thor
The U.S. and Canada announced a new agreement, although, to the disappointment of the League and others, it didn't include the concept of ecosystem function as part of the river's management. Soon after learning about the agreement, the federal government announced a Columbia Basin Restoration Initiative that addresses some of our concerns about the Treaty. Flood control updates were added. There is hope that the entire details can be completed before the next federal administration takes charge.
Department of Environmental Quality (DEQ)
By Peggy Lynch
A League member is serving on a rulemaking advisory committee to address sewer availability and accessory dwelling unit (ADU) issues prompted by bills enacted by the 2021 and 2023 sessions and supported by LWVOR.
Here is the DEQ 2025-27 Governor’s Recommended Budget.
Department of State Lands (DSL)
By Peggy Lynch
See Elliott State Research Forest below for the agency’s role in that issue. See the Wetlands section of this report for information on removal/fill fee rulemaking. The last State Land Board meeting was Dec. 10th.
Drinking Water Advisory Committee
By Sandra Bishop
December 16, is the fiftieth anniversary of the Safe Drinking Water Act, signed into law in 1974, by President Gerald R. Ford. The measure required the Environmental Protection Agency to set maximum contaminant levels for drinking water and required states to comply with them. It protected the underground sources of drinking water and called for emergency measures to protect public health if a dangerous contaminant either was in or was likely to enter a public water system. (Thank you Heather Cox Richardson)
Elliott State Research Forest (ESRF)
The State Land Board met on Oct. 15th to appoint additional ESRF Board members and adopt its first Forest Management Plan. Among the decisions was approving joining a carbon market in order to provide revenue for the management of the forest and doing the research intended in the forest. The carbon credits agreement has been signed. The Dept. of State Lands will ask for additional General Funds to fund the forest and staff, but we also expect a beginning timber sale in the spring.
Sadly, Bob Sallinger, an ESRF Board member and an advocate for the forest for many years, passed away recently. His passion for the birds of the forest helped stop the forest from being sold. (The League played a role in this effort as well.) He then worked tirelessly to find an answer for the forest. He attended the Oct. 15th Land Board meeting and saw these first steps taken toward his vision. He was honored at the beginning of the House Interim Committee on Agriculture, Land Use, Natural Resources and Water meeting.
Visit DSL's Elliott webpage to learn more.
Emergency Management
By Lily Yao
The Oregon Department of Emergency Management (OEM) invites all Oregonians to participate in shaping the future of emergency management across the state. On February 11, from 10:00-11:30 a.m., OEM is hosting its second annual town hall where community members and partners from all backgrounds can provide input and feedback on the agency’s 2023–2025 Strategic Plan and the OEM Inclusion, Diversity, Equity and Accessibility (IDEA) plan. One of LWVOR’s Youth Council members will be attending the event.
Forestry (Oregon Dept. of Forestry ODF)
By Josie Koehne
On Nov. 22, the Board of Forestry met for a special session to decide on criteria for a computer model to test run different forest management scenarios for timber harvests on state forest lands. The model will project outcomes over a 30-year period assuming that the approved Habitat Conservation Plan (HCP) is in place. The intent of modeling of various scenarios is to show examples of the trade-offs between resources and outcomes under different implementation approaches. The model will provide a scientific basis for management decisions, and the chosen plan will be incorporated into the Western Oregon Forest Management Plan (FMP) which is due to be approved by the Board this time next year. There has been much controversy in past meetings about harvest levels since state forests must be managed for Greatest Permanent Value for all Oregonians. At a previous meeting in September, we reported that the Forest Trust Land Advisory Committee (FTLAC) attended the last Board meeting in person and provided input, arguing for greater harvest levels to increase revenue for the trust land counties, while various environmental groups supported lower harvest levels and growing trees longer in order to protect wildlife habitat and increase carbon sequestration to help fight climate change. There was agreement on which scenarios to run and the Board agreed to the test the following four scenarios:
Scenario 1 will test volume targets of 185 million board feet (MMBF), 195 MMBF, and 205 MMBF and then for non-declining timber harvest for 30 years.
Scenario 2 will test longer timber harvest rotations (now trees are harvested at about 30-40 years) to creating more even distribution of age classes throughout the forest (outside the Habitat Conservation Areas identified in the HCP) harvesting at 120 years in managed acres, andthen 150 years, time permitting.
Scenario 3 will maximize volume with unlimited periodic variation.
Scenario 4 – Maximize Net Present Value (NPV) maximized at 4% discount rate.
After the computer runs these scenarios, the State Forest Division will report back to the Board in the early months of 2025 and the Board will discuss and decide next steps.
A growing number of local and state agencies that rely on revenue from logging public forests are agreeing to scale back logging in exchange for money from carbon credits according to this article in the Oregon Capital Chronicle.
Here is the 2025-27 Governor’s Recommended Budget for the Dept. of Forestry.
See also the Wildfire section of this report below.
Hanford
Hanford Challenge is a watchdog nonprofit focused on transparency and cleanup process at Hanford nuclear site. Plans for the cleanup evolve.
Land Use and Housing
By Peggy Lynch
The Oregon Housing Needs Analysis (OHNA) rules were adopted by the Land Conservation and Development Commission (LCDC) on Dec. 5th. Cities will now have housing targets to work toward in a range of styles, sizes and costs. The rules take effect on Jan. 1. A second set of rules will be developed in 2025, with adoption expected by Jan. 1 of 2026. Follow the work of the Oregon Housing Needs Analysis (OHNA) Rulemaking Committee on the department’s Housing Rulemaking webpage. And watch their meetings on the department’s YouTube channel.
The Housing Accountability and Production Office (HAPO) managers were announced by Governor Kotek as she continues to focus on housing for all. Five new interagency agreements were signed by the Dept. of Land Conservation and Development (DLCD) to increase cooperation and define their responsibilities.
Here is the 2025-27 Governor’s Recommended Budget for DLCD.
See also the Agriculture section of this report on Farm and Forest rules.
See also the Housing Report in the Social Policy Legislative Report.
Recycling
The Environmental Quality Commission adopted rules to implement the Plastic Pollution and Recycling Modernization Act at its meeting on Nov. 22nd. The League supported SB 582 (2021).”Starting this summer, Oregonians across the state will begin to receive a standardized list of what can and cannot be recycled statewide, and owners and managers of apartment complexes and multi-unit housing will need to prepare to provide recycling for residents.” according to an article in the Oregon Capital Chronicle.
Regional Solutions
Here is a great slide presentation that helps explain what the Regional Solutions program is. There are 11 regions and residents can sign up to receive agendas, meeting materials and even provide public comment on certain agenda items on their website.
Toxics
On Oct. 2nd, the U.S. Environmental Protection Agency (EPA) is proposing to add 16 individual per- and polyfluoroalkyl substances (PFAS) and 15 PFAS categories representing more than 100 individual PFAS to the Toxics Release Inventory (TRI). It would also designate them as chemicals of special concern so they must meet more robust reporting requirements, including reporting even for small concentrations. This proposed expansion of TRI would advance the commitments of the Biden-Harris Administration and EPA’s PFAS Strategic Roadmap to address the health and environmental impacts of PFAS by promoting pollution prevention, and informing the public about environmental releases of these so called “forever chemicals.”
Transportation
As the legislature struggles with paying for the work of the Oregon Dept. of Transportation (ODOT), it is reported that Oregon counties need $834 million a year to repair & maintain roads.
Water
By Peggy Lynch
A member of the League has served on two rules advisory committees for the Water Resources Dept.: Place-Based Planning is now open for public comment through Jan. 15th. Best Practices in Community Engagement is also open for public comment through Jan. 15th. More information is on the linked websites.
As we look to the 2025 legislative session, it is helpful to review the 2021-2024 investments.
Legislators have created an Oregon Water Caucus to help guide water investments in the 2025 session. Sign-up to receive updates on their website. The Water Caucus is asking Oregonians to submit their current and future water investment needs via a statewide survey to help inform budget requests and strategic planning. In the time since the Statewide Integrated Water Resources Strategy was initially adopted in 2012, the state has been incrementally increasing its attention to critical water priorities, but the Legislature does not have a comprehensive inventory of water investment needs. In an effort to fill that gap, the Water Caucus invites water managers, users, stewards, advocates and members of the public to submit water investment needs by January 15 via a statewide survey. Oregonians can help the Water Caucus understand investment-ready water projects. In addition to physical projects, water investment needs can include data, planning, and other needs that benefit the environment, communities, and economy. The survey is for informational and planning purposes only and does not guarantee funding or replace other legislative processes. View the dashboard. Click here to view their press release.
The League continues to monitor the actions related to the Lower Umatilla Basin Groundwater Management Area. An article in the Eastern Oregonian explains that “a management area refers to quality of the water while a critical area refers to water quantity, and the Lower Umatilla Basin is low in both measures.”
Groups demand action: “Nitrate contamination has become a problem in rural communities and cities in many parts of the U.S., spurring a group of nearly two dozen nonprofits from several different states to band together to demand the EPA do more to regulate farms and sources of nitrate.” “In the last decade, groups have submitted five emergency petitions to the EPA to prompt federal intervention in nitrate contamination in drinking water in Iowa, Minnesota, Oregon, Washington and Wisconsin.”
A federal lawsuit is now part of the discussion: “By suing some of the largest agricultural producers in the Lower Umatilla Basin, a group of local residents are trying to get the federal courts to do what they say state government has failed at for the past three decades: take decisive action against nitrate pollution.“ “Pearson vs. Port of Morrow”.
League members may want to check the U. S. Drought Monitor, a map that is updated every Thursday. Here is a more complete website about drought in Oregon. The Governor declared Jefferson County as a drought emergency through Executive Order 24-08, declared a drought in Lake County through Executive Order 24-26, declared a drought in Wallowa County through Executive Order 24-29, declared a drought in Harney County through Executive Order 24-30, and directed state agencies to coordinate and prioritize assistance to the regions.
We all need to pay attention to the potential for harmful algal blooms. “When in doubt, stay out.” Visit the Harmful Algae Bloom website or call the Oregon Public Health Division toll-free information line at 877-290-6767 to learn if an advisory has been issued or lifted for a specific water body.
Wildfire
By Carolyn Mayers
There were a number of Interim Committee meetings held last week, some with an urgent focus on the record-breaking wildfire season. With a total of nearly 2 million acres (triple the ten-year average) burned, and $350 million in large fire costs, there was an urgency not seen among legislators since the devastating 2020 wildfire season, with emotions running high, and a sense of determination.
“This is our new reality.” - a sentiment expressed repeatedly by lawmakers and agency officials alike, describing the wildfire crisis Oregon faces.
On December 10, the Joint Emergency Board on Public Safety met and heard from Kyle Williams, Deputy Director of the Oregon Department of Forestry (ODF), and James Short, the agency’s Chief Financial Officer. Williams briefly recapped the 2024 wildfire season, and how completely overwhelming it was for all involved, including people from all over the State and beyond who assisted. The crux of the funding problem is that many, many vendors, private businesses, and others helped agencies fight wildfires this season, and the state agencies don’t have the funds to pay them for the work they did. While much of that is owed by, and will ultimately be recouped from the federal government, that repayment can take years. It is an untenable situation, threatening the solvency of the agency. Their request was for $82.1 million of General Fund for the remainder of the state's portion of net large fire costs, and $17 million of Other Funds limitation to continue processing 2024 fire season payments. This was followed by a presentation and funding request from Chief Mariana Ruiz-Temple of the Oregon Department of the State Fire Marshal (DSFM). Her agency’s request was for $5 million General Fund from the Emergency Fund “to maintain solvency”. The recommendation for the Legislative Finance Office added $26.5 million. Both items were deferred to the full committee and to be considered at the Special Session on December 12 called by the governor so the entire legislature can vote to fund an even larger request.
At the same meeting, Doug Grafe, the Governor’s Military and Wildfire Advisor, along with Kyle Williams of ODF, and Chief Temple of DSFM, offered a progress report on the Wildfire Funding Workgroup, created at the end of the last session with charge to find durable, long-term, sustainable funding for wildfire in Oregon. Chief Temple shared that the nickname for the Workgroup is the “Fire 35”, and they have made progress, narrowing a list of 70 ideas at the outset down to 20 so far. All parties at the table expressed admiration for the hard work and collaborative effort members were making to find workable solutions that are fair and affordable. They expect to have a recommendation for the Legislature ready for the 2025 session. Details for this meeting, including LFO analyses, granular details on the allocations, and complete presentations, may be found here.
The aforementioned parties (Williams of ODF, Ruiz-Temple of DSFM, and Graf from the Governor’s Office) repeated their 2024 Wildfire season report before the House Interim Committee on Emergency Management, General Government and Veterans, also on December 10. This report contained the most intricate details of all the reports given.
Next, still on December 10, was another progress report on the Wildfire funding Workgroup before the House Interim Committee on Climate, Energy and Environment December 10, and yet another, nearly identical report given to Senate Interim Committee on Natural Resources and Wildfire, December 11. At this meeting, Chief Ruiz-Temple stated, “This is an all-Oregon problem.”, acknowledging the reality that any area of the State is now vulnerable to catastrophic wildfire events, including smoke, and that the risk continues to increase.
The last meeting the League covered on December 10 was the Senate Interim Committee on Veterans, Emergency Management Federal and World Affairs. A presentation was given by Oregon Hazards Lab (OHAZ), out of the University of Oregon (Go DUCKS!). Of interest was the portion of their discussion of the growth of the use of, and effectiveness of, Public Fire Detection Cameras. Noting that the first camera for detecting hazards, such as wildfire, was deployed in 2018. Since then, funding from the 2022 short session started to increase momentum toward this technology, leading to 60 cameras in use around the State in 2024. That number is expected to increase to 75 in 2025. The role of these cameras in early detection and response cannot be overstated.
The Joint Interim Special Committee on Wildfire Funding met December 11 and held a Public Hearing on LC 2, the Legislative Concept which would become SB 5801, the emergency wildfire funding bill, to go before the Special Session of the Legislature the following day. The bill was passed nearly unanimously, and has already been signed by the Governor, providing $218 million in funding to ODF and OSFM with most of the money to be paid to private contractors and local fire departments who provided significant assistance during the fire season. This article gives a concise overview of the evolution of the funding shortfall through the passage of the bill. Finally, this comprehensive piece gives a nearly minute by minute account of the proceedings, and includes some colorful commentary by legislators.
Volunteers Needed
What is your passion related to Natural Resources? You can help. Volunteers are needed. The long legislative session begins in January of 2025. Natural Resource Agency Boards and Commissions meet regularly year-round and need monitoring. If any area of natural resources is of interest to you, please contact Peggy Lynch, Natural Resources Coordinator, at peggylynchor@gmail.com. Training will be offered.