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AIR QUALITY

SB 726 A 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 supports. The amended bill passed the Senate 17 to 10 with 3 excused and now heads to the House. Per the fiscal impact statement, the advanced technology specified in the bill would cost local governments operating certain large landfills approximately $5,000 per monitoring event, or $20,000 annually per landfill, but the bill doesn’t cost the state so it continues as a policy bill. 

AGRICULTURE

By Sandra Bishop

By Sandra Bishop

HB 2647 passed out of committee with the -3 amendment to allow the city of Monmouth a land swap to remove and replace land to its UGB. It now heads to the House floor for a vote.

HB 3921 is a similar bill in that it would allow by law land swaps for City of Roseburg/Douglas County per this preliminary staff analysis.  The bill passed out of committee and heads to the House floor for a vote.

HB 3928 would allow counties to supersede all statewide land use planning laws to site housing on rural lands. This bill died in committee.

The Land Conservation and Development Commission (LCDC) meeting on March 20th included a public hearing on rulemaking for solar siting in eastern Oregon. The rules are required to implement HB 3409 (2023 session), specifically to reduce conflicts in siting solar projects. The rules will be considered for adoption by July 1st, 2025. The public comment period has been extended to April 30. 

Proposed rule amendments to the Oregon Administrative Rule (OAR) Chapter 660 divisions 4, 6, 23, and 33, pertaining to Goal Exceptions, Forest Lands, Goal 5, and Agricultural Lands.  Submit comments to:

denise.johnson@dlcd.oregon.gov

gordon.howard@dlcd.oregon.gov

jon.jinings@dlcd.oregon.gov

adam.tate@dlcd.oregon.gov   

SB 78 – Replacement dwelling bill did not get a work session and has died in committee.  LWVOR testified in support of SB 78. Oregonlive had an article noting the lack of success in many of the “protect ag land” bills.

SB 1129  requires the Land Conservation and Development Commission (LCDC) to amend rules on urban reserves, clarifying which lands should be given a lower priority.  The -1 amendment was adopted and the bill is headed to the Senate floor for a vote. 

BOTTLE BILL UPDATE

By Sandra Bishop

SB 992 is the omnibus bottle bill. The -3 amendment  replaced the original bill, was adopted and the bill now goes to the Senate floor for a vote. 

HB 3940, the omnibus wildfire funding bill, passed out of committee after adopting the -1 amendment without recommendation as to passage and was referred to House Revenue by prior reference.  The increased bottle bill fee, although contested, has stayed in the bill.

BUDGETS/REVENUE

By Peggy Lynch

The  Co-Chairs of Ways and Means provided their framework for the 2025-27 state budget.  Note on the last page the potential effect of federal budget cuts. This Oregonlive article suggests some of the most painful cuts.  Each day we learn of more and more federal funding that were assumed to be.

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

• Dept. of Agriculture: SB 5502 Info mtgs. March 24 and 25 with public hearing March 26. Meeting Materials 

• Dept. of Agriculture Fees:  SB 5503 Info mtgs. March 24 and 25 with public hearing March 26.

• Columbia River Gorge Commission: SB 5508 Info mtg. and public hearing March 13

• Dept. of Environmental Quality:  SB 5520. Governor’s budget DEQ Fact Sheet  Meeting Materials. info mtgs. April 7-9, public hearing April 16.  The League will provide testimony.

• 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, public hearings Mar. 31 & Apr. 1-2; Meeting Materials, Apr. 3 ODFW Hatchery Assessment;  

• Oregon Dept. of Forestry: SB 5521. info hearing March 10 & 11. Public hearing March 12. Meeting Materials  (See Wildfire section for more information.)

• 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. LWVOR supports  SB 836, a bill that would significantly increase permit fees for mining related activities. See the agency’s presentation to understand the reasons for these increases. On March 25 the bill was moved to Senate Rules without recommendation. A performance audit was prepared.  The League awaits the results. The League will continue to be involved in SB 836 because we need DOGAMI staff to do more than 14% inspections of mining operations. 

• 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 Public hearing Feb. 27 LWVOR testimony. SB 817 is a bill to request a minor fee increase.  It has passed the Senate.  A public hearing is set on April 16 in  the House Committee On Agriculture, Land Use, Natural Resources, and Water.  

• Oregon State Marine Board: HB 5021 Public hearing Feb. 17 Meeting Materials 

• Oregon State Parks and Recreation Dept.:  HB 5026  info hearings March 3-4, public hearing March 5. Meeting Materials LWVOR testimony in part to address comments by the Legislative Fiscal Office.  OPRD will need additional revenue sources for the 2027-29 biennium. 

• Dept. of State Lands: SB 5539 Info hearing March 17. public hearing March 19. Meeting Materials. LWVOR testimony in support.  

• 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. Info Mtg. & Public hearing Feb. 18-20.  Meeting Materials. LWVOR testimony .  And the fee bills: support HB 2808 (Bill moved to Ways and Means)  and support HB 2803 (The - 3 amendment was adopted, reducing the fees significantly which will cause the department a revenue shortfall should the amendment stand the scrutiny of Ways and Means where it now lies.)

• Oregon Watershed Enhancement Board: HB 5039. Info mtg. & Public hearing Feb. 25-27 LWVOR  testimony.   Meeting Materials 

• 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.) Info mtg. & Public hearing Feb. 25-26 

• Oregon Business Development Dept.: HB 5024  Info mtgs. 3/12, 13 & 17.  Public Hearing 3/18

• Oregon Dept. of Emergency Management: SB 5517  info hearing 4/7&8. Public hearing 4/09; 

• 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 info hearing 3/03-6, public hearing 3/11. Here is an article from oregonlive reporting on the potential 2025 transportation package with proposed revenue sources. The League signed on to a letter in support of increased transit funding.

• Dept. of Administrative Services: HB 5002 info hearings 3/03-5, public hearing 3/06.  Meeting Materials  

• 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. Public hearing in April. 

• Emergency Board: HB 5006 This bill will be a vehicle to accept testimony from the public during six community meetings around the state from March 22 ending April 25 on the public’s priorities for the 2025-27 budget.

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

• Six-Year Limitation/Bonds: SB 5506 (Limits for the six-year period beginning July 1, 2025, payment of 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.)

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.

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. The bill passed the full Senate unanimously. A public hearing is set for April 17 in the House Committee On Climate, Energy, and Environment.

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 served on the rules advisory committee to address sewer availability and accessory dwelling unit (ADU) issues. On Feb. 26 the advisory committee approved the Fiscal Impact Statement. A public comment period is expected in May. You are welcome to  Sign up for email updates about this rulemaking via  GovDelivery.

The League again served on an annual rulemaking advisory committee on water quality fee increases.  A meeting was held on Feb. 25th where the committee agreed to forward their recommendation for the allowed annual 3% fee increase to the DEQ Director.  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)

DSL is seeking comments on a proposed sale of state-owned land located on the south shore of the western side of Hayden Island in Multnomah County. The 45-day comment period is open from March 5 – April 19.

ELLIOTT STATE RESEARCH FOREST (ESRF)

SB 147 clarifies the management of the ESRF into the hands of the Dept. of State Lands and sets up a separate fund account for monies received to manage the forest.  The - 3 amendment was adopted and the bill was sent to Ways and Means.  The Joint Committee on Ways and Means Subcommittee on Natural Resources will have an informational meeting on the ESRF on April 17.

EMERGENCY SERVICES

By Rebecca Gladstone

The League spoke and filed testimony on HB 2581 in support of a statute change, substituting the word “seismic” with “hazards”, to coordinate coverage efforts through the State Resiliency Officer. The bill has passed the House and is on the Senate floor, awaiting third reading.

FORESTRY (ODF)

By Josie Koehne

The League will continue to follow SB 1051, assigned to the Senate Rules Committee and which transfers the authority to appoint a State Forester from the State Board of Forestry to the Governor. A public hearing was held March 24.  Because the bill is in Senate Rules, there is no current deadline for action on the bill.

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

GOVERNANCE

The League continues to follow the bills listed on the March 17 agenda of the Senate Committee On Rules since some of the bills relate to the process of rulemaking.  After legislation is passed, agencies are required to implement those laws.  That action often requires rulemaking to clarify the details around that implementation.  But the League is concerned when legislators “get a second bite at the apple” by relitigating the legislation when rulemaking is only meant to implement, not change policies.  

Separately, the League was invited to a conversation among state agency rules staff on addressing concerns of the Governor and in an attempt to standardize the process statewide. The Governor has provided Rulemaking Guidance to state agencies: This document includes questions received from agencies since the Governor’s letter. This document includes additional resources for agencies including direction to post updates to the Transparency site, a website template that agencies can use (if they choose) to develop their pages, and links to other comprehensive agency rule making sites to review.   There is a broader discussion to increase transparency and consistency in the state agencies’ rulemaking process. The League will continue to be engaged with potential meetings in May and June.  

We continue to watch a series of bills related to rulemaking which we might oppose: HB 2255, HB 2303, HB 2402 and HB 2427.  We are also concerned with HB 3382, since the requirements of the Secretary of State to gather ALL the state agencies’ rulemaking, including all materials would be overwhelming. Individual state agencies provide that information on their rulemaking websites.  We may sign on to a letter explaining our concerns to legislative leadership.  

Because the League is often engaged in rulemaking, we regularly 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.  

LAND USE & HOUSING

By Sandra Bishop/Peggy Lynch

The League provided testimony in support of HB 3939, a bill that provides a list of infrastructure projects to fund for smaller Oregon cities so they can build more housing. We have also supported  HB 3031 A (already sitting in Ways and Means) but know there might be limited dollars this session so called out that link in our letter.   The -1 amendment to HB 3939 was adopted and the bill moved to Ways and Means. 

Other bills we are following:

• HB 2138: Expands allowable middle housing and expands middle housing requirements to include urban unincorporated lands, filed at the request of the Governor. The -6 amendment was adopted and the bill was sent to Ways and Means.

• 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. The -4 amendment was adopted and the bill was sent to Revenue with a subsequent referral to Ways and Means.  

• HB 3062:  Requires local governments to map sensitive uses as part of a comprehensive plan. The bill died in committee. 

HB 3757 is having an “informational meeting” on April 21st in the House Committee On Housing and Homelessness.  The bill is, we believe, dead, but there must have been some interest by the committee to learn more about the proposal to allow four additional housing units on rural lands.  This could be a precursor for a bill to be considered in the 2026 session.  

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

SOLID WASTE

HB 3794: Task Force on Municipal Solid Waste in the Willamette Valley was sent to Ways and Means. The Gazette Times covered the backstory.

WATER

By Peggy Lynch

The League has been engaged for many years around the issue of exempt wells—their allowed water use and lack of measurement of that water. In particular we are concerned about those domestic wells that are allowed to use up to 5,000 gallons of water for personal use and can be used by three dwellings, so the usage can be up to 15,000 gallons.  HB 3372 was amended by -5 amendment and passed out of committee on a 6 to3 vote. The League provided testimony in support of the original bill to study this issue.  The amendment significantly changed the bill to allow 3,000 gallons of water to be used for commercial gardens. We asked that our testimony be removed from OLIS since it did not reflect the original bill. 

Bills we are following in the House Committee On Agriculture, Land Use, Natural Resources, and Water:  

• Deschutes Basin Water Bank Authority (HB 3806). A - 5 amendment was adopted and the bill sent to Ways and Means.   

• Water Right Process Improvements (HB 3342).  A - 4 amendment was adopted and the bill now goes to the House floor for a vote. 

• Contested Case Process Improvements (HB 3544). A - 5 amendment was adopted and the bill moves to Ways and Means.    

• Place-Based Water Planning (HB 3116)  A  - 6 amendment was adopted and the bill was sent to Ways and Means. League supports the original bill but has not engaged in the current proposed amendment.

• Harney Basin Groundwater Management (HB 3800). A work session was held and the bill was sent to House Rules without recommendation as to passage. 

Water Right, Dam Safety, and Well Related Fees (HB 2803 League support.  The - 3 amendment was adopted, reducing the fees significantly which will cause the department a revenue shortfall should the amendment stand the scrutiny of Ways and Means where it now lies. HB 2808  League support (Bill moved to Ways and Means)  

Water Rights and Public Interest (HB 3501) A work session was held and the bill was referred to House Rules without recommendation as to passage on a 6 to 3 vote.

Other water bills we are following: 

• HB 3525 is related to tenants’ right to well water testing.  The League submitted  testimony in support. The -6 amendment was adopted and the bill was moved to House Rules without recommendation for further discussion.  

• HB 3526 would require well water test reporting in property sales. The League supported this concept in past sessions and did again this session, but the bill died in committee. 

• HB 3364  makes changes to the grants programs at the Water Resources Dept.  The - 4 amendment was adopted and the bill sent to the House floor for a vote.

• HB 2988:  Instructs the Water Resources Department to take certain actions related to aquifer recharge and aquifer storage and recovery. The -5 amendment was adopted and the bill sent to Ways and Means.  The fiscal impact statement was incomplete but will be needed before it is considered for final passage. Many of these water bills were sent with “fiscal light” statements.  

• LWV Deschutes County submitted a  letter in support of SB 427, a water rights transfer bill meant to protect instream water flows. Possible work session scheduled for April 8. SB 1153, an alternate bill provided with help from the Governor’s office, may have more of a chance of passage.  It had a public hearing on March 25 with a work session April 8.  These bills were moved to Senate Rules without recommendation as to passage to allow for further conversation.

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HB 3106 is the Oregon Water Data Portal funding bill for which the League provided testimony in support.  The -5 amendment was adopted, and the bill was moved to Ways and Means without a complete fiscal impact statement that will be needed before the bill can be voted on.  The League is VERY supportive of the portal and agencies working together.  However, we are concerned about the cost of this expansion of the program.   

SB 1154 was amended by the -1 amendment and sent to Senate Rules without recommendation as to passage in a 4 to 1 vote. An article in the Oregon Capital Chronicle explains the bill and its controversy: 

The updated Groundwater Quality Protection Act would establish thresholds for contaminants that automatically qualify them as critical groundwater management areas. It would also create a new designation for “groundwater areas of concern,” where contaminants are detected but a threshold for declaring the area in critical condition hasn’t quite been met.

The Oregon Health Authority would be in charge of informing the public and helping with testing and providing safe drinking water; the Oregon Water Resources Department would be in charge of regulating water flows and rights; the Oregon Department of Agriculture would take on agricultural polluters and mitigating farm pollution; the Oregon Department of Environmental Quality would take on any changes needed to protect groundwater through industrial water permitting; and other agencies would be involved as needed, according to Ferrari.  

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 good news is currently Oregon is NOT in drought!

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

A new Rulemaking Advisory Committee has been formed related to Permitting and Mitigation in Oregon's Wetlands and Waters.

WILDFIRE

By Carolyn Mayers

A fast-moving week in wildfire legislation began April 7 with a Public Hearing on SB 1177 before the Senate Committee on Finance and Revenue. This bill would establish the Oregon Wildfire Mitigation and Adaptation Fund and redirect the “kicker” to it, one- time, for financing wildfire related expenses, by using the interest earned. A 5% return would yield approximately $170-180 million per year, about half of what is expected to be the average ongoing cost per year of funding wildfire. Tax Fairness Oregon testified in favor of the bill. Next, this same committee heard SJR 11, which would dedicate a fixed, to-be-determined percentage of net proceeds of the State Lottery to a wildfire fund created by the Legislature. Its passage would mean an amendment to the Oregon Constitution, which would have to go to the voters for approval.

HB 3666 had a Work Session before the House Committee on Judiciary, also on April 7. This bill would establish wildfire mitigation actions and an accompanying certification for electric utilities in an attempt to standardize their approach. It was referred to the Rules Committee.

April 8, the Senate Committee on Natural Resources and Wildfire held a Work Session on SB 83 , which would, once again, repeal the State Wildfire Hazard map. This would result in the many changes to current statutes, since references to the map would have to be removed, and would have far reaching consequences including establishing standards for building codes and defensible space which can be adopted by municipalities, changing the definition and mapping of the wildland urban interface, and many other areas. The -9 Amendment was adopted and the bill was sent to the floor with a do-pass recommendation. This article from The Statesman Journal offers further insights. At the same meeting, the -2 Amendment to SB 85, was adopted, and the bill was sent to the floor with a do-pass recommendation. This bill directs the State Fire Marshal to establish a neighborhood protection cooperative grant program to help communities collectively reduce their wildfire risk. The League supports this bill as an extension of the work done in previous sessions.

HB 3940, the omnibus wildfire funding bill, passed out of committee after adopting the -1 amendment without recommendation as to passage and was referred to House Revenue by prior reference. 

HB 3947 :  Increases the amount of the estimate of revenues that will be received from General Fund revenue sources other than corporate income and excise taxes for the biennium beginning July 1, 2023. The bill died in committee.

SB 75 A, which defines “high wildfire hazard area for purposes of developing an accessory dwelling unit on lands zoned rural residential, or a replacement building on lands zoned for resource uses, was passed unanimously by the Senate and moves to the House.

There are two harvest tax bills being heard in House Revenue   on April 17: 

HB 2072 Extends certain taxes on the privilege of harvesting merchantable forest products on forestlands. 

HB 3489 Imposes a severance tax on owners of timber harvested from public or private forestland. The Legislative Revenue Office will begin the hearing by providing a staff report on the legislation. The League has supported a severance tax in past sessions.

Bills we are watching:

Senate Bill 1051, Governor Kotek is seeking the authority to choose the next State Forester. The Board of Forestry will begin the recruitment process at its April 23rd Board meeting. 

SB 926 would prohibit the recovery of certain costs and expenses from customers that an electric company incurs as a result of allegations of a wildfire resulting from the negligence or fault on the part of the electric company. The -3 amendment was adopted and the bill in a 4-2 vote was passed to the Senate floor. 

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.

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.

Interested in reading additional reports? Please see our Climate Emergency, Governance, and Social Policy report sections.