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Legislative Report - Week of 1/20

Natural Resources Team

 

Coordinator: Peggy Lynch  

  • Agriculture/Goal 3 Land Use: Sandra Bishop

  • Coastal Issues: Christine Moffitt, Peggy Lynch

  • Columbia River Treaty: Philip Thor

  • Emergency Management: Rebecca Gladstone, 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


By Sandra Bishop 


A League member attended virtually the Dec. 18-19 Board of Agriculture meeting. Peter Kenagy, Albany area farmer, announced the reactivation of the Ag for Oregon group who will be advocating for agricultural land use protections and address the expansion of agri-tourism. Samantha Bayer, Oregon Property Owners Association, and member of the panel on Agri-tourism and Land Use announced that next session they will push for changes in the farm stand state statute to increase agri-tourism uses. The League may need to consider any proposed legislation. We are strong advocates of Goal 3, Agriculture.The Board approved an edited Resolution 314: Permitted Uses on Lands Zoned Exclusive Farm Use and on High-Value Farmland. A phrase was deleted from the published, edited version. There may be a special board meeting called in January for the Board of Ag to agree on legislative priorities.


Here are the new Dept. of Land Conservation and Development Farm & Forest Rules.

Congress passed a Continuing Resolution to fund the federal government until March 14 with $10 billion disaster aid for farmers. The bill also includes a one-year extension of the Farm Bill (until Sept. 2025). The Farm Bill includes money for nutrition programs like food stamps. It also includes $29 billion for conservation. Many of Oregon’s conservation programs rely on that federal funding. You can read more in the Oregon Capitol Chronicle.


See in this legislative report under “Water” for the latest on nitrates in groundwater in the Umatilla Basin.


Budgets/Revenue


By Peggy Lynch


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.


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. Look for bill numbers HB 50xx and SB 55xx for the agencies’ budgets you might want to follow. If you add them to your OLIS subscription, you will get a notice when they might be heard in one of the Ways and Means Subcommittees. After some orientation, look for budgets to be heard beginning the second week of session. 


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, using the League’s Legislative Priorities | LWV of Oregon and our adopted positions as our guide.


The State Debt Policy Advisory Commission will provide bonding guidance in January of 2025.


Climate


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


Among the issues the League is following are shoreline erosion, low ocean oxygen levels, and protection of eelgrass (watch for legislation). 


A report from the Oregon Kelp Alliance found that nearly two-thirds of the state’s kelp forests have died out over the last decade. A multitude of factors appear to be behind the decline, including rising ocean temperatures and booming populations of purple sea urchins, which eat the kelp. The report also outlines future research and conservation strategies that could help protect the state’s remaining kelp forests. “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.” 


We have reported on the potential for offshore wind off Oregon’s southern coast. OPB explains what happened. The Offshore Wind Energy Roadmap meetings have continued. For more information, please visit the DLCD webpage here: Offshore Wind Roadmap.


The West Coast Ocean Science Trust will establish a 10-year detailed suite of strategies, needed funding, and timeline to address existing, emerging, and complex West Coast ocean and coastal issues, convening and engaging key policymakers, agencies, Tribes, academic leaders, scientists, and potential funders. 


Department of Environmental Quality (DEQ) 


By Peggy Lynch


Here is the Onsite Wastewater Management Program 2025 Rulemaking webpage. Because of the League’s work on SB 391 (2021) and additional bills in 2023, a League member is serving on the rules advisory committee to address sewer availability and accessory dwelling unit (ADU) issues. There are two additional meetings set for Feb. 13 and 26. You are welcome to sign up for email updates about this rulemaking via GovDelivery.


Department of State Lands (DSL) 


By Peggy Lynch


See Elliott State Research Forest below for the agency’s role in that issue. The next State Land Board meeting is Feb. 11.


Drinking Water Advisory Committee (DWAC) 


By Sandra Bishop 


At the Drinking Water Advisory Committee (DWAC) meeting January 15th, it was announced that Oregon Health Authority (OHA) will adopt a new definition of Disadvantaged Community (DAC). The DAC definition is used to prioritize eligibility for public funds to improve public water systems. Oregon, like all states, has a priority ranking system to address first any problems with public water systems that have the most serious human health risks. The state is also required to have a definition of disadvantaged community that meets the state affordability criteria for customers served by a public water system. This is to help prioritize eligibility for use of Drinking Water State Revolving Funds (DWSRF). The new Disadvantaged Community definition addresses other socioeconomic, environmental justice, and demographic considerations, beyond the one-income criteria in the current definition.

 

The current DAC definition used to determine DAC status for funding water projects is: A public water system with a service area that has a Median Household Income (MHI) less than the state MHI.

 

The new definition defines Disadvantaged Communities (DAC) as any public water system (PWS) with a Median Household Income (MHI) less than the state MHI, or

If a PWS has an MHI higher than 100% of the state MHI but less than 120% of

the state MHI, then the system must meet two (2) of four (4) criteria:

  • Greater than the state poverty rate,

  • Greater than the state unemployment rate,

  • Greater than the state percentage of people with less than a high school education,

  • Greater than the state housing cost burdened.

 

The new definition was arrived at after public comment and cooperative work between

OHA Drinking Water Services staff, Business Oregon, and an EPA State Revolving Fund

contractor. Metrics for determining need were expanded and refined. The new broader

definition of Disadvantaged Communities includes an additional 79 public water systems

serving a total population of more than 2,500,000. The new definition will also include

the nine federally recognized tribes in Oregon. Approximately 61% of the public water

systems in the state and 69% of the population served by public water systems will be

covered under the new DAC definition.

 

There was also news about Small System Equipment Assistance (SSEA) forgivable

loans. A pilot of this program was implemented in 2021 but was suspended as federal

BIL (Bipartisan Infrastructure Law) funding superseded the available staff capacity to

manage the program. The Drinking Water State Revolving Fund (DWSRF) plans to re-

launch this program. Application submission deadline will be August 15th, 2025 for

small-scale additions or replacement of equipment and instrumentation needed by small

water systems (serving less than 300 connections). Funding for projects will be

up to $20K in 100% forgivable loans. Program materials and additional information are

being prepared and will be available soon on OHA’s DWSRF webpage.

 

Elliott State Research Forest (ESRF)


By Peggy Lynch


The final environmental impact statement for the proposed Elliott State Research Forest Habitat Conservation Plan (HCP) is now available, the U.S. Fish and Wildlife Service announced today. Read the Service's press release here.  The HCP balances forest research and management activities with the conservation of rare species and their habitat in the Elliott State Research Forest. The final Environmental Impact Statement (EIS) is one of the last steps before federal agencies decide whether to issue incidental take permits to the Department of State Lands for federally protected species based on the HCP. View the final EIS and final HCP here on the Service’s Elliott State Research Forest HCP webpage.


The Dept. of State Lands is asking for $10 million General Funds in 2025 as, hopefully, final bridge financing to continue to stand up the ESRF, hire staff and work toward self-funding in the future.


Visit DSL's Elliott webpage to learn more.


Emergency Management


By Lily Yao  


A League member will be attending this Oregon Dept. of Emergency Management meeting Feb. 11.


Forestry (ODF)


By Josie Koehne


 See the Wildfire section of this report below and the Forestry report in the Climate section of this Legislative Report.


Land Use & Housing


By Peggy Lynch 


The League has again participated in a Land Use 101 webinar focusing on the statewide land use planning program with emphasis on Goals 3,4, 7, 10 and 14.


One of the many 2025 session bills the League will be following and engaged in during its development is HB 2138. As explained in this OregonLive article, the Governor looks to continue to increase middle housing opportunities. Because the bill had to be filed in Sept., expect a significant amendment to be posted before the first public hearing in the House Housing and Homelessness Committee.


SB 1537 (2024) provisions went into effect Jan. 1st, including “adjustments” that can be made by cities rather than going through a variance process. Then the Oregon Housing Needs Analysis program will begin to be implemented  “to facilitate housing production, affordability and choice to meet housing needs for Oregonians statewide. Three state agencies have vital roles in implementing the Oregon Housing Needs Analysis (OHNA). Oregon Department of Land Conservation and Development (DLCD), Department of Administrative Services (DAS) and Oregon Housing and Community Services (OHCS) are undertaking various tasks outlined by House Bill 2001 (2023).” 


In order to see significant new housing, the League has continued to advocate for funding for infrastructure. The League of Oregon Cities provided 2024 Survey results: ”If all infrastructure needs across all types are summed, we find a tremendous amount of funding is needed. In total, as can be seen in Table 21, the total infrastructure needs for cities across both water and transportation projects is $12.2 billion.”  Starting at page 35, you can read the list of needed projects and the possibility of housing IF the funding is found. 


Here are the new Dept. of Land Conservation and Development Farm & Forest Rules (also posted under the Agriculture section of this report).


Mining


The League has continued to follow the application for the Grassy Mountain Gold Mine near Vale. The next meeting of the interdisciplinary team of agencies will be January 30th on the proposed chemical process gold mine in Malheur County. The public notice and related documents are available. This is the first project using a consolidated permitting process where all permitting agencies are meeting together to process the permit applications. 


Oregon Watershed Enhancement Board (OWEB)


By Lucie La Bonte  


We have a new League volunteer who will be following OWEB’s meetings and reporting on this important state agency. From its beginning as part of the Plan for Salmon and Watersheds with a portion of lottery funding, their success in funding grants has raised their stature. The legislature has added a number of other programs, including distribution of the Natural and Working Lands Funds and the Drinking Water Source Protection Fund (General Funds), both of which the League has supported. 


Water


By Peggy Lynch


The League will provide our first natural resources area testimony on HB 2168 on Wed. Jan. 22nd at the House Agriculture, Land Use, Natural Resources, and Water Committee. The bill requests $5 million for the on-site septic loan program, another $5 million for the Well Water Repair and Replacement Fund,  and monies to help the Oregon State Extension Service reach out to potential recipients. The League has been a perennial supporter of the two loan programs from their inception. Another bill, SB 830, that the League will also support when posted, would allow for grants in the on-site septic program and extend the opportunities to low-income mobile home parks with failing septics.


The Governor declared an emergency for the Port of Morrow  “My office has heard directly from producers and farmers in the Lower Umatilla Basin that pausing operations even for a short time in February would be devastating to the local economy and potentially shut down some operations permanently,” Kotek said in the release. “I did not make this decision lightly. We must balance protecting thousands of jobs in the region, the national food supply, and domestic well users during this short period of time during an unusually wet winter.”  The League is distressed that the low-income groundwater well users are again not addressed.


The League is proud to have been a part of advocating for many of these 2021-2024 Oregon Water Resources Dept. investments. But there is more to do. The League has been invited to participate in discussions on a new Water Stewardship and Supply Initiative with its updated scope. LC 3542 has been filed, and this work will flesh out the proposed bill which “Directs the Water Resources Department to study the use of water resources in this state. Directs the department to report to committees or interim committees of the Legislative Assembly related to natural resources no later than September 15, 2026.”


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.


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


The devastating fires in the Los Angeles vicinity have dominated headlines recently, highlighting the oft-referenced sentiment among the wildfire community in Oregon and nationwide that we no longer have a wildfire season, but “wildfire years”. Many California wildfire personnel and agencies had assisted during Oregon’s record wildfire season last year, and our Oregon State Fire Marshal (OSFM) and Oregon Department of Forestry (ODF) have provided significant and timely resources in the form of equipment and firefighters to help suppress these recent fires and save lives. 


The League followed with great interest the first meeting of the year of the Governor’s Wildfire Programs Advisory Council (WPAC) on January 17. After the introduction of new members, the Council received an update on Oregon’s support of California agencies in the wake of the wildfires. Details of resources provided to California were given by Chief Ruiz Temple of OSFM. Her report is well summarized here. She noted that resources were deployed within 12 hours of the first conversation between the two States, and that Oregon firefighters were the first out-of-State team to arrive on the scene. She also stated it was the largest out of State deployment in the history of the agency. Chief Ruiz-Temple’s report was followed by details of the response sent to California by ODF, which was coordinated with CalFire, California’s Department of Forestry and Fire Protection. Deputy Kyle Williams spoke of how well the two agencies, OSFM and ODF, work together and that they are really more than the sum of their parts. You may read about the details of those ODF deployments here. It was noted that while containment of these fires is increasing, there are troubling signs of returning dangerous Santa Ana winds mid-week. Finally, the Chief stated that while normally a deployment lasts only 2 weeks, the need may well arise to extend that. 

 

The Council relayed the fact that availability of the off-season ODF personnel was the direct result of the Legislature following through on a recommendation from the WPAC to allow some of the seasonal personnel to stay on beyond the normal fire season. They were pulled from fuels reduction/mitigation work that they normally do this time of year.


The Los Angeles fires have, once again revealed vulnerabilities in our current approach to wildfire, especially in urban areas. There have been a number of recent articles covering these vulnerabilities. Urban water supply and its reliability in the face of a large urban conflagration is one area that isn’t discussed enough, and this article details that issue. This one paints a clear picture of the importance of fuels reductions and defensible space around the home, and home hardening techniques, which was also a topic of discussion at this same meeting. New regulations for homeowners in the Wildland Urban Interface areas which also fall in areas rated High Hazard on the new map, will be forthcoming, following the appeals process and once details are worked out. Building Codes and Defensible Space Code will be available before the end of the year, though the timeline for finalization and enforcement varies from agency to agency. There has apparently been a sizable outcry, as with the release of the first map, so the appeals process will take time.


Regulations around defensible space and home hardening hinge on the aforementioned State Wildfire Hazard map. A very thorough OBP article details the map, its history and next steps. Derrick Wheeler, Legislative Coordinator for ODF, and Andy McAvoy, Oregon State University Wildfire Risk Research Scientist, gave an overview of the mapping process and purpose, and the appeals process. Find more information on ODF’s wildfire hazard web page


Doug Graf, the Governor’s Wildfire and Military Advisor, told WPAC members that there are approximately 50 wildfire-related bills coming in the 2025 session, and that more details would be forthcoming. One bill was highlighted in Senator Jeff Golden’s most recent Newsletter, and would establish a Climate Superfund Cost Recovery Program within the Department of Environmental Quality. SB 682 looks to take advantage of a trend in getting “polluters to pay” for the effects of climate change, such as increased wildfire risk, flooding and more. Clearly, it is another angle on trying to find creative ways to fund the wildfire crisis, among other crises, being exacerbated by the effects of climate change. 


In other news, Cal Mukumoto turned in his resignation from ODF effective January 23, following a number of charges of not keeping the Legislature informed of the agency’s inability to pay vendors in a timely fashion for their  help  during the record 2024 wildfire season. That state of affairs led to the passage of an emergency wildfire funding bill, passed in Special Session, December 11, 2024. 


Finally, the Wildfire Funding Work Group, which was established by the Governor during the short session to find sustainable, adequate and fair funding for the wildfire crisis, will be presenting a report to the Legislature on February 18, 2025.


A not-so-fun factoid from the New York Times: Between 1990 and 2020, the number of homes in fire-prone parts of California grew by 40 percent, according to research led by Volker Radeloff, a professor of forest ecology at the University of Wisconsin-Madison. By contrast, the number of homes in less-flammable areas, like city centers, only grew by 23 percent. 


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.


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