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Legislative Report - Week of 2/17

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 Keizer 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

  • 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. Also, we are watching HB 3158 relating to photovoltaic solar power generation facilities on lands zoned for exclusive farm use. Allows certain photovoltaic solar power generation facilities on lands zoned for exclusive farm use to operate alongside farm or allowed nonfarm uses on a tract. LWVOR is watching this one before taking a position.



BOTTLE BILLS


By Sandra Bishop


So far this session six bills have been introduced that would make changes to the Oregon beverage container return system; the iconic Oregon bottle bill that was passed in 1971. The League has been a consistent supporter of this program.


SB 992 calls for an Oregon Liquor and Cannabis Commission (OLCC) study on how to modernize the Oregon bottle bill system. A hearing is scheduled on Feb 17th in the Senate Committee On Energy and Environment. The emergence of this committee bill may be an indication that legislators do not expect to pass any major changes this session to the current system for collecting, accounting for, and recycling beverage containers in Oregon. Requiring a study that is not due to be reported to the Legislature until late in 2026 is kicking the can down the road (pun intended). There are major opportunities and challenges with the current bottle bill system and recycling in the state. Distributors, who benefit most from the current beverage container collection system, may be supporting such a study to ensure no substantive changes will be made to Oregon’s bottle bill for at least another three or four years.   


SB 963 would require beverage container redemption centers in cities with a population of more than 10,000. HB 2921 would change the criteria for location of redemption centers. SB 869 would allow restricting the hours during which retailers and other dealers are required to take back returned beverage containers. HB 3433 would add wine bottles to the deposit return system. SB 329 is intended to increase the use of reusable beverage containers.  



BUDGETS/REVENUE

By Peggy Lynch


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

  • Dept. of Agriculture: SB 5502 tentative 3rd week of March

  • Dept. of Agriculture Fees: SB 5503 tentative 3rd week of March 

  • 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, tentative public hearings Mar. 31 & Apr. 1-2

  • Oregon Dept. of Forestry: SB 5521.Tentative public hearings March 10-12; Department of Forestry / Department of the State Fire Marshal - Wildfire Funding Workgroup Work Session/report to be a part of the ODF budget presentation

  • 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; Public hearing Feb. 17 

  • 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. Public hearing Feb. 25-26 

  • 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.) Public hearing Feb. 25-26 

  • 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, 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 related to shoreline stabilization.  Our coastal partners have been working with the sponsor, and we are hoping for a positive amendment to talk about “non-structural nature-based solutions” instead of “bioengineering”. A work session is scheduled for Feb. 18 in the Senate Committee On Natural Resources and Wildfire


We now have bill numbers for kelp and eel grass conservation (HB 3580) and protection of Rocky Habitat (HB 3587)—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.  


The Oregon Coastal Management Program (OCMP) is currently developing its 2026-2030 Program Enhancement Assessment and Strategy (Link to draft 2026-2030 Program Enhancement Assessment and Strategy). A Draft Assessment and Strategy has been published, and the public  was invited to provide feedback. The draft 2026-2030 Program Enhancement Assessment and Strategy can be found on their Public Comment webpage. UPDATE: The program received updated guidance from its federal funders – the National Oceanic and Atmospheric Administration (NOAA) on February 10. As a result, OCMP needs to revise the draft developed between October 2024 and January 2025.


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. A work session is scheduled for Feb. 18 in the Senate Committee On Natural Resources and Wildfire.


HB 2947 had a public hearing in the House Committee On Agriculture, Land Use, Natural Resources, and Water on Feb. 10th related to treated sewage being used on farms. OPB provided great coverage of the concerns related to this usage.    


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 is a meeting set for Feb. 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. A meeting is scheduled for Feb. 25th. To learn more about this rulemaking and the advisory committee you can view the rulemaking web page at: Water Quality Fees 2025.



DEPT. OF  STATE LANDS (DSL)


By Peggy Lynch


The next State Land Board meeting is a special meeting in March (date still unknown), followed by a regular meeting April 8. See below for more information on the State Land Board. 


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 (closes at 5 p.m. Pacific). Then DSL is seeking comments on the proposed Elliott State Research Forest Operations Plan. Click here to view or download the proposed plan, project overview map, and appendices. Click here to view only the proposed plan (PDF) The 45-day comment period is open until 5 p.m. on March 31. Here is a more complete notice of the plan with opportunities for virtual public meetings.   

At the State Land Board meeting on Feb. 11, Kaitlin Lovell was appointed to the Elliott State Research Forest Board to fill the vacancy created by the loss of Bob Sallinger. 



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 Management, Gen Gov, and Veterans where the bill passed unanimously. It now goes to the House Floor for a vote.


FORESTRY (ODF)


Curry County Commissioners are discussing the possibility of taking over management of federal lands in their jurisdiction 


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


GOVERNANCE


Because the League is often engaged in rulemaking, we frequently comment on legislation that would affect changes in Oregon’s current Administrative Rules.  We have provided testimony in opposition to HB 2692, a bill that would create complicated and burdensome processes for agencies to implement legislation with their rulemaking procedures. We were pleased to see an attorney who has represented businesses also provided opposition testimony. The sponsor of the bill shared an instance where OHSA may have exceeded their authority when adopting rules related to farmworker housing. The League believes that agencies should adopt rules to implement legislation but should NOT exceed their authority by creating policies not passed by the legislature.




LAND USE & HOUSING


By Peggy Lynch


On Feb. 10th the House Committee on Housing heard testimony on the following bills that the League believes would allow housing outside of cities and some could violate Goals 3 and 4 of our land use system so we will follow these bills and may provide testimony with our concerns:

  

  • 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.


We are pleased to learn that Business Oregon’s Infrastructure bill, HB 3031, with an amendment to clarify the criteria to be used to access the proposed $100 million fund has been filed.  The League looks forward to supporting this important bill. 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 monies for factory-built housing. LWVOR should support.   

  • 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 public hearing was held on Feb. 5th in House Housing. A Work Session is scheduled on Feb. 19th where a -2 amendment may be considered.

  • 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. A public hearing was held Feb. 12th in the House Committee On Agriculture, Land Use, Natural Resources, and Water. Because of the requirement to do rulemaking, the bill, if passing the Committee, will be sent to Ways and Means.

  • 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 passed committee with a  -3 amendment  on Feb. 12th and it was sent to Ways and Means. 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. 


OREGON WATERSHED ENHANCEMENT BOARD (OWEB) 


By Lucie La Bonte


Our League volunteer interviewed an OWEB staffer related to OWEB’s funding for 2025:  The staffer shared that the lottery funding is a stable source of funding for OWEB. In the Governor’s Budget recommendation there is adequate funding for the new programs OWEB has been tasked to take on. This includes enough funding for staffing the new programs. Some funding will be for a limited duration, and some is permanent funding.


The Natural Resources Ways and Means Subcommittee will meet to discuss OWEB on February 25th and 26th . On the 25th there will be discussion with staff, on the 26th there will be public comment. OWEB has many partners and much support on both sides of the aisle. The outlook is positive. A recommendation will go to the full Ways and Means Committee after the revenue forecast in May.




STATE LAND BOARD (SLB)

By Peggy Lynch


The Governor, Secretary of State and State Treasurer (SLB members) held a quarterly meeting on Feb. 11th that you can watch on their YouTube channel. Here. They shared a great report  on their Real Property Program, sharing the lands owned by the state, their market potential and actions taken to increase revenue. The meeting materials packet is here. The Board adopted rules on Rocky Habitat Designations and approved initiating a potential land sale of a portion of West Hayden Island to ODOT. The purpose of the proposed sale is to provide mitigation land for the proposed new I-5 bridge project.  


They appointed Kaitlin Lovell to the Elliott State Research Forest Board to fill the loss of Bob Sallinger to that Board. The Common School Fund passed its audit.  The Director reported that the state may have completed negotiations for 80 acres of Bureau of Land Management land near La Pine (and Roslyn Elementary School) to be deeded to the state as part of its still-needed statehood-owed lands.  


Lastly, Director Walker has announced her retirement plans as of June so an open public recruitment process for a new Dept. of State Lands Director has begun with the intent for the SLB to select their choice at their June 10th meeting. For many this is an obscure agency, but the League believes this agency, with its mission to protect the waters of the state (including our wetlands), to assure stewardship of the Common School Fund, oversight of the South Slough National Estuarine Reserve and now the Elliott State Research Forest are all critical.  LWVOR has positions related to support of each of these programs.  




WATER

By Peggy Lynch


On Feb. 17 in the House Committee On Agriculture, Land Use, Natural Resources, and Water two bills of interest to the League will have a public hearing: HB 3525 related to tenants’ right to well water testing and HB 3526 that would require well water test reporting in property sales. The League has provided support in past sessions and may do so again this session.   

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. A public hearing was held Feb. 12th.

  • 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.  Fees are needed to provide current service level staffing at WRD.


The Co-Chairs of the House Committee On Agriculture, Land Use, Natural Resources, and Water are working on a broad package of water-related bills. There is a Water Caucus raising the awareness of the urgency to address Oregon’s water needs. 


Oregon Water Data Portal debuted Jan. 31st. The 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 here.    Users can provide feedback about the beta version of the pilot portal by completing a survey or emailing OWDP@deq.oregon.gov.

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.  




WEATHER


Oregon’s state climatologist provides a view of Oregon’s January and our warm, cold and snowfall changes. 


As Americans depend on weather forecasts of the National Oceanic and Atmospheric Administration (NOAA) and Oregon has a NOAA facility in Newport, here is a concerning statement as reported by the New York Times Climate: NOAA staff members have been told to search their existing grants for terms that include “climate science,” “climate crisis,” “clean energy,” “environmental quality” and “pollution.”


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 to 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 a 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


It was a slow week for wildfire legislation, but there has been press coverage of issues that the League feels are worth mentioning. 


This February 10th article from the Oregon Capital Chronicle, describes how Senator Golden, in response to negative feedback from constituents, is proposing revisiting how the recently- released second version of the Oregon Wildfire Hazard (previously “Risk”) Map has areas of hazard broken down. Where the previous map had assigned risk on a broader area scale, an approach that was determined to be a problem, the new map assigned risk at the parcel level. Now, it appears there is some question as to the wisdom of that decision in accomplishing the goals set out for the map. Time will tell if this idea gains momentum.

There was news of another $50 million in settlements paid out by Pacificorp for the role of its subsidiary, Pacific Power, in the devastating 2020 wildfires. This February 7th piece from Oregon Public Broadcasting provides details. According to the article, “At least eight more trials are scheduled, and the company could be on the hook for billions in damages.” It also states that rates for Pacific Power customers are up 50% since 2021, a trend that will continue as our wildfire seasons worsen, and mitigation efforts by electric utilities increase their operating costs.


Finally, the Wildfire Funding Workgroup established by the Governor at the end of the 2023 short session, to look for a solution to the wildfire funding problem, will be presenting its recommendations to the Legislature soon. No firm date is available as of this writing. This much- anticipated report, the culmination of months of effort by 35 individuals, will set the stage for the Legislature’s work to find a long term, durable and equitable solution to the growing wildfire funding shortfall. Stay tuned!



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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