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Legislative Report - Week of 2/10

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:



Air Quality 


Bills we are watching: SB 726 Requires the owner or operator of a municipal solid waste landfill to conduct surface emissions monitoring and report data as specified in the Act. LWVOR to support.

 

HB 3244:  Replaces the requirement that an owner or operator of a municipal solid waste incinerator conduct continuous monitoring or sampling of specified air contaminants with a requirement that the monitoring or sampling be conducted annually. LWVOR would oppose. The bill relates to the Reworld facility out of Keiser and League members have testified of their concerns in past years. 

 

Agriculture


By Sandra Bishop 


Chair Jeff Golden announced four specific Senate bills that will be considered by the committee: SB 78 – Replacement dwelling bill; SB 77 – home occupation reform bill; SB 73 – Spot zoning reform; and SB 79 – prohibits certain dwellings on resource lands. LWVOR will watch and may support with our strong positions on protection of Oregon’s valuable agricultural lands.

 

Budgets/Revenue


By Peggy Lynch


Following are the budget bills we are watching in Natural Resources:


  • Dept. of Agriculture: SB 5502

  • Dept. of Agriculture Fees:  SB 5503 

  • Columbia River Gorge Commission: SB 5508

  • DEQ:  SB 5520. Governor’s budget DEQ Fact Sheet Public hearing tentative set for mid-March

  • Oregon Dept. of Energy: SB 5518 info hearing 2/10, Meeting Materials, public hearing 2/11

  • Oregon Dept. of Energy Fees: SB 5519 info hearing 2/10, public hearing 2/11 

  • Oregon Dept. of Fish and Wildlife:  HB 5009

  • Oregon Dept. of Forestry: SB 5521

  • Dept. of Geology and Mineral Industries: HB 5010 Public hearing Feb. 5-6; Meeting materials  LWVOR testimony Aggregate industry testified against the staffing and fee increases. LWVOR points out that KPM #4, mine inspections has consistently NOT met the small 20% target so, if staffing is needed to meet that target AND fees increased to pay for them, we will continue to support. 

  • Dept. of Land Conservation and Development:  SB 5528 Governor’s budget DLCD Fact Sheet Public hearing Feb. 3-4; LCDC 1/24 presentation;  Meeting Materials LWVOR testimony   

  • Land Use Board of Appeals:  SB 5529

  • Oregon State Marine Board: HB 5021

  • Oregon State Parks and Recreation Dept.:  HB 5026 Public hearing tentative set for March 8

  • Dept. of State Lands: SB 5539

  • Water Resources Dept.: SB 5543 Governor’s budget WRD Fact Sheet  Here is a summary of the Governor’s budget. Governor's Budget and Agency Request Budget documents are available online here. Public hearing Feb. 18-20. 

  • Oregon Watershed Enhancement Board: HB 5039. Tentative public hearing Feb. 23-24

  • Oregon Watershed Enhancement Board 6-Year Limitation: HB 5040 (Limits expenditures of lottery funds from the Watershed Conservation Grant Fund for local grant expenditures by the Oregon Watershed Enhancement Board for a six-year period beginning July 1, 2025.)

  • Oregon Business Development Dept.: HB 5024

  • Oregon Dept. of Emergency Management: SB 5517 

  • Office of the Governor: SB 5523

  • Oregon State Fire Marshal:  SB 5538 info hearing 2/19, public hearing 2/20. 

  • Dept. of Transportation:  SB 5541

  • Dept. of Administrative Services: HB 5002

  • Legislative Administration Committee, Legislative Assembly, Legislative Counsel Committee, Legislative Fiscal Officer, Legislative Revenue Officer, Commission on Indian Services and Legislative Policy and Research Committee: HB 5016

  • Lottery Bonds: SB 5531: an average debt capacity of $564 million in each Biennium 

  • Emergency Board: HB 5006 

  • General Obligation Bonds, etc.: SB 5505: an average debt capacity of $2.22 billion per Biennium 

  • Six-Year Limitation/Bonds: SB 5506 (Limits for the six-year period beginning July 1, 2025, payment of Deadline for federal budget to be passed again; expenses from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by various state agencies for capital construction.)

 

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. Oregon receives substantial funding from the federal government, so the legislature is watching closely as the March 14th deadline for a federal budget to be passed again looms. Congress also needs to address raising the federal debt limit to authorize paying for bills we’ve already incurred. The federal budget is annual and runs Oct. 1-Sept. 30. Currently there is only a federal budget until end of day March 14. 



Climate


By Claudia Keith and Team 


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 


A bill League is following is SB 504. League members might want to read the testimony related to shoreline stabilization. We are awaiting bill numbers for kelp and eel grass conservation and protection of Rocky Habitat—both bills the League will support. We asked for funding for a staffer in the Dept. of Land Development and Conservation budget to continue to address rocky habitat, an element of the Territorial Sea Plan which the League has supported. 

 

See the announcement on Offshore Wind Energy Roundtable Feb. 20-21 in Lincoln City or you can watch on zoom. 

 

Dept. of Environmental Quality (DEQ)


By Peggy Lynch  


The League supports SB 830, a bill that modifies provisions of the on-site septic system loan program to allow for grants. It also allows for the program to consider mobile home parks in need of septic upgrades.


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.


The League will again serve on an annual rulemaking advisory committee on water quality fee increases.

 

Dept. of Geology And Mineral Industries (DOGAMI) 


By Joan Fryxell 


The League provided testimony on the DOGAMI budget, including support for the Geologic Carbon Sequestration Pilot. On Jan. 28th, the House Committee on Climate, Energy and Environment received a presentation on the proposed pilot project on Geologic Carbon Sequestration Potential in Oregon. Follow up materials were provided. 

 

Governance


Because the League is often engaged in rulemaking, we often comment on legislation that would affect changes in Oregon’s current Administrative Rules. We will provide testimony in opposition to HB 2692, a bill that would create complicated and cumbersome processes for agencies to implement legislation with their rulemaking procedures.  

 

See the Governance Section of the Legislative Report for further information.

 

Dept. Of  State Lands (DSL) 


By Peggy Lynch  


The Director of DSL published a proposed increase in permit fees for Removal/Fill program: “Oregon’s Removal-Fill Law helps protect wetlands and waters by requiring permits to remove or add materials in wetlands, rivers, streams, lakes, and other waters of the state.”

 

A League member served on the rulemaking advisory committee. “The statutory Common School Fund heavily subsidizes Oregon’s removal-fill permitting process.” “Visit the DSL website to see a draft of the proposed rules and program fees, all related materials from the rulemaking process, and the online comment form: www.oregon.gov/dsl/Pages/rulemaking.aspx. The comment deadline is February 17th at 5:00 p.m.”

 

The next State Land Board meeting is Feb. 11.


Elliott State Research Forest (ESRF)


You can read the latest about the Elliott State Research Forest in their latest press release. Included is that the Oregon Department of State Lands (DSL) is seeking comments  on administrative rules for the Elliott State Research Forest. The comment period is open from February 3 - March 5, 2025 (closes at 5 p.m. Pacific).


The ESRF Board met Feb. 5th. Here is the agenda, meeting materials and a zoom link.


Emergency Services


By Rebecca Gladstone


HB 2581: The League spoke and filed testimony in support of a statute change, substituting the word “seismic” with “hazards”, to coordinate coverage efforts through the State Resiliency Officer. A work session was held on Feb 6 in H Comm On Emergency Mngmt, Gen Gov, and Veterans where the bill passed unanimously.


Forestry (ODF)


By Josie Koehne 


The League provided comments on HB 2072, the biennial forest products harvest tax bill with concerns that the bill raises no revenue for counties where the timber is harvested and provides limited revenue needed to pay for the Dept. of Forestry costs. The League has continued to support alternative taxation such as a severance tax that would provide additional revenue.

 

SB 404  directs the State Board of Forestry to convey certain state forest lands to a county that determines that the county would secure the greatest permanent value of the lands to the county and requests conveyance. LWVOR will oppose.

 

See also the Wildfire section of this report below and the separate Climate section.


Land Use & Housing


By Peggy Lynch


On Feb. 10th in the House Committee on Housing there are a number of bills the League will oppose:  

  • HB 2316:  Allows designation of Home Start Lands to be used for housing. These lands are currently a variety of state-owned lands scattered around the state.

  • HB 2400  Allows the owner of property outside an urban growth boundary to site an additional dwelling on the property for occupancy by a relative of the owner.

  • HB 2422  Requires that lands zoned to allow density of one or fewer dwellings per acre to be considered a rural use.

 

The bills allow housing outside of cities and some could violate Goals 3 and 4 of our land use system. 

 

We are pleased to learn that Business Oregon’s Infrastructure Bill will be filed soon (HB 3031) with an amendment to clarity the criteria to be used to access the proposed $100 million fund. The amendment to the bill will be filed shortly. 

 

Other bills we are following:


  • HB 3013: Details the process by which a permit or zone change that is based on provisions of a comprehensive plan or land use regulation that fail to gain acknowledgment is voided and any resulting improvements or uses are removed or revoked. LWVOR supports  with -1 amendment.

  •  HB 3062:  Requires local governments to map sensitive uses as part of a comprehensive plan. LWVOR may support.

  • HB 2138: Expands allowable middle housing and expands middle housing requirements to include urban unincorporated lands. LWVOR may have comments. Some provisions we support; others not so much. We expect a -1 and then a -2 amendment. Will wait to read them before making a decision on the bill.

  • HB 3145:  Allows the Housing and Community Services Department to use Local Innovation and Fast Track Housing Program Fund moneys for factory-built housing. LWVOR should support. Not sure if in our Housing portfolio or Land Use. 

  • HB 2347: Authorizes the Department of Land Conservation and Development to provide planning assistance for housing production to federally recognized Indian tribes and makes other technical changes to laws relating to land use planning. A -1 amendment will be considered at a public hearing on Feb. 5th in House Housing.

  • HB 2950 A bill to update Goal One and Public Participation is being sponsored by Oregon’s American Planning Association. The League is interested in the bill, but has some concerns. We understand there will be an amendment proffered.

  • SB 462:  Requires the Oregon Business Development Department to establish an education course for land use planners for local governments, special districts and state agencies. LWVOR supports educational efforts but there are other training opportunities so this proposal might be redundant.

  • SB 525:  Amends expedited land division criteria and processes. LWVOR has concerns. May need to oppose. 

 

See also the Housing Report in the Social Policy section of this Legislative Report.


Natural Resources 


HB 3173 – Establishing OregonFlora in Statute had a public hearing on Feb. 5th. OregonFlora provides comprehensive information about ~4,700 vascular plants in Oregon to the public; state and federal agencies; educational institutions; businesses; consumers; and scientists, providing significant economic, social, and educational benefits. HB 3173 info sheet. The bill has widespread support  statewide and the League hopes to see this program that supports many natural resource areas funded this session.


Pesticides


HB 2679 directs the State Department of Agriculture to classify certain pesticides containing neonicotinoids as restricted-use. The League has supported a similar bill in past sessions.


Water


By Peggy Lynch  


The League provided testimony on HB 2168 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 bill was unanimously sent to Ways and Means on Feb. 3rd. 

 

Water bills we are following:

  • HB 2988:  Instructs the Water Resources Department to take certain actions related to aquifer recharge and aquifer storage and recovery.

  • HB 3108:  Requires the Water Resources Department to implement additional rules and requirements for the review of limited license applications for an aquifer storage and recovery permit

  • HB 2803: Increases certain fees related to water. LWVOR will support. Expect amendments. Needed to provide current service level staffing at WRD.

 

Oregon Water Data Portal debuted Jan. 31st. A multi-agency effort to release a beta version of the pilot portal for the Oregon Water Data Portal project debuted on January 31. The pilot portal is accessible at https://www.oregonwaterdata.org/. Users can provide feedback about the beta version of the pilot portal by completing a survey or emailing OWDP@deq.oregon.gov.


The objective of a water data portal is to bring together Oregon’s water data and information into a single point of access so that water decision makers and others can find the data, and to improve data access and integration for better water-related decision-making.


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. 


Wetlands   


The League testified in opposition to SB 511,  a perennial salmon tax credit bill filed by Sen. David Brock Smith that would create a new program to allow private property owners get a tax credit for salmon habitat on their property if allowed to be used by a developer to destroy wetlands in another area of Coos and Curry County. This session’s version of the bill narrows the use of the credit from statewide to the two coastal counties. But the concept is complicated and this area of the coast is critical salmon habitat. 


A bill of concern to the League related to our removal/fill program has been filed:  SB 400. As proposed, the League will oppose. 


Another wetlands-related bill we will be watching: HB 2054.


Wildfire 


By Carolyn Mayers 


Following up on the League’s coverage of the homeowners insurance issues facing Oregon  due to increased natural disaster claims last week, here is a brief Oregon Public Broadcasting article from February 6, which offers further perspective on the issue. The cost of homeowners insurance is a real and growing problem which affects the entire market, and one which will continue to deteriorate, at least in the short term. While Oregon is not immune to these effects, it is important to note that the situation is much worse elsewhere, especially in California, Florida and Texas where natural disaster claims are the highest.

 

The Senate Committee on Natural Resources and Wildfire met on February 4 and heard Oregon State Fire Marshal (OSFM) Chief Mariana Ruiz-Temple give brief overviews of 4 bills relating to various items relating to finances and other housekeeping tasks the agency hopes to undertake. Descriptions of the bills, SB 860, SB, 861, SB 862 and SB 863 may be found here. The League notes that SB 863 specifically authorizes OSFM to recover costs from a person who starts a fire. It would further authorize the Attorney General to assist in investigating liability, issue subpoenas and prosecute cases to recover costs, and gives OSFM broad authority to undertake actions to collect any monies due to the actual costs of such wildfires. These judgements and settlements would, be permitted to be added to the State Fire Marshal Mobilization Fund, with the passage of SB 861.

 

Also on February 4, the House Committee on Emergency Management, General Government and Veterans held an informational meeting which featured Brigadier General Alan R. Gronewald, the Adjutant General for the Oregon National guard. He gave a report which included details of support provided by the National Guard during the 2024 wildfire season, and how 270 Guard members were deployed to support wild land firefighting operations. That was followed by a Public Hearing on HB 3150,  another version of a handful of bills this session which aim to establish a $1,000 income tax credit for volunteer firefighters.

 

Finally, OSFM recently released their Biannual Report which reports on programs the agency has successfully implemented, and recaps some of the positive outcomes of investments in equipment and community wildfire mitigation programs.

 

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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