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Legislative Report - Week of 2/24

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

Please see Natural Resources Overview here.

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. The public hearing on this bill is set for Feb. 24 in the Senate Committee On Energy and Environment. Testimony is taken for up to 48 hours after the hearing.

  • 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.


The League is watching HB 2947, a bill that would direct the Oregon State University Extension Service and the College of Agricultural Sciences of Oregon State University to study the distribution and occurrence of perfluoroalkyl and polyfluoroalkyl substances (PFAS) found in biosolids applied to agricultural fields that do not produce crops intended for human consumption. A New York Times article shared a story about Johnson County, TX as they address the issue of harmful “forever chemicals”.



BOTTLE BILLS


By Sandra Bishop


SB 992 originally introduced as an Oregon Liquor and Cannabis Commission study of how to modernize the beverage container redemption system is now being shaped as an omnibus bottle bill. A 28-page amendment was introduced in a public hearing on Feb 17th in the Senate Energy & Environment committee. There is a request from industry representatives to incorporate provisions from several other bills. LWVOR will wait for a settled version of the bill to determine whether or not to support.




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 tentatively 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 have 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.     

  • 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.

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

  • 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. Info Mtg. & Public hearing Feb. 18-20.  Meeting Materials. LWVOR testimony. And the fee bills: Support HB 2808 and HB 2803. 

  • Oregon Watershed Enhancement Board: HB 5039. Info mtg. & 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.) Info mtg. & 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. See more in the Wildfire section of this report. 

  • 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 500.  

  • 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 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 at 8am in the Senate Committee on Finance and Revenue (agenda).


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. Additionally, the firing of federal employees who live in Oregon is beginning to affect both large and small communities in Oregon—not only the jobs they were hired to do, but economies with the loss of those employee wages to the communities.



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


LWVOR is following SB 504, related to shoreline stabilization. Our coastal partners have been working with the sponsor, and a -4 amendment has been filed that focuses on “non-structural nature-based solutions” instead of “bioengineering”. A work session is scheduled for Feb. 25 in the Senate Committee On Natural Resources and Wildfire.  


The League is pleased to see the bill numbers for kelp and eel grass conservation (HB 3580) and protection of Rocky Habitat (HB 3587). The League signed on to letters of support for both bills.  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.  



DEPT. OF ENVIRONMENTAL QUALITY (DEQ) 

By Peggy Lynch


The League has signed on to a letter in opposition to HB 2642. HB 2642 is a bill that seeks to divest the authority to administer vehicle emission testing away from the Department of Environmental Quality, to the private sector. Emissions testing in Oregon began in the mid-1970s as a method of reducing air pollution from trucks and cars in order to ensure compliance with the landmark federal Clean Air Act of 1970. The League has been a voice in support of this program, not only because of the need to reduce pollution, but by reducing vehicle pollution, we can support industries who provide employment in these areas where the testing is required. We are asking legislators to vote no on HB 2642 and support DEQ’s authority to protect air quality by preserving their power to implement vehicle emission testing. 


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. 25 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. See also the New York Times article about this issue cited in the Agriculture  section.


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.


DEPT. OF  GEOLOGY AND MINERAL INDUSTRIES (DOGAMI)

By Peggy Lynch


The League provided testimony in support of 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.  



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.   



EMERGENCY SERVICES

By Rebecca Gladstone


HB 2581: The League delivered oral and written 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 the House Committee On Emergency Management, General Government, and Veterans where the bill passed unanimously. It passed the House Floor (49/9/2) and has been sent to the Senate for consideration.


FORESTRY (ODF)


The Oregon Board of Forestry will hold a public meeting on March 5 at 8:30 a.m. The full agenda is available on the board’s webpage.


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


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 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. On Feb. 19, the Governor provided expectations and guidance for state agencies related to rulemaking and customer service.



LAND USE & HOUSING


By Peggy Lynch


We are pleased to learn that Business Oregon’s Infrastructure bill, HB 3031 with a -1 amendment to clarify the criteria to be used to access the proposed $100 million fund, will have a public hearing on Feb. 26 in the House Committee On Housing and HomelessnessAlthough there are a few issues yet to resolve, the League expects to support this important funding bill. 


Bills we are following: 


On Feb. 10th the House Committee on Housing heard testimony on the first three bills that the League believes would allow housing outside of cities. Some could violate Goals 3 and 4 of our land use system so we will follow these bills as the session progresses.


  • 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.


  • 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. A public hearing was held Feb. 3rd.

  • HB 3062: Requires local governments to map sensitive uses as part of a comprehensive plan. A public hearing was held Feb. 20th.

  • 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. Amendments to the bill have not yet been posted on OLIS. We 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. The bill passed unanimously on Feb. 19 with the -2 amendment.

  • 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. A public hearing was held on Feb. 19 in the Senate Committee On Housing and Development.

  • 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. HB 3173 assed committee with a  -3 amendment  on Feb. 12th and was sent to Ways and Means. 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


The Natural Resources Ways and Means Subcommittee will meet to discuss HB 5039, the agency’s budget bill, and the 6-Year Limitation bill 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.) on Feb. 25th with a public hearing on Feb. 26th. 


RECYCLING


On Feb. 21, the Dept. of Environmental Quality announced approval of the Producer Responsibility Organization program plan and advanced the Plastic Pollution and Recycling Modernization Act. The Act was supported by the League as it sees this as a major advancement to addressing plastic pollution in Oregon.


STATE LAND BOARD (SLB)

By Peggy Lynch


The State Land Board will meet virtually on February 27 at 1 p.m. in a special 30-minute online meeting to discuss the Department of State Lands Director recruitment. Here is the meeting materials packet that includes information on how to provide testimony related to the job description. This agency and its director are extremely important to the League as the Board protects waters of the state and is responsible for the South Slough National Estuarine Reserve as well as the Elliott State Research Forest and Common School Fund lands.  


WATER

By Peggy Lynch


A major set of bills was heard on Feb. 19th in the House Committee On Agriculture, Land Use, Natural Resources, and Water. HB 3364  makes changes to the grants programs at the Water Resources Dept. Testimony provided comments and concerns with agreement that all parties would continue to work on finding agreement on an amendment. HB 3419 is the major broad set of water policy changes described by the various amendments posted since this is really a “gut and stuff” bill! The committee Co-Chairs announced that more amendments are expected. But reading the currently-filed amendments would be helpful in understanding the various purposes of elements of the to-be-amended bill.  


On Feb. 17 in the House Committee On Agriculture, Land Use, Natural Resources, and Water two bills of interest to the League had a public hearing: HB 3525 is related to tenants’ right to well water testing. The League submitted testimony in support. HB 3526 would require well water test reporting in property sales. The League supported this concept in past sessions and did again this session. As we address drinking water well issues, a state report indicates concerns in Crook County per this OPB article


Other 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.  Needed to provide current service level staffing at WRD.

  • HB 2808: Increases fees related to wells.  LWVOR will support. Needed to provide current service level staffing at WRD. 

  • HB 3106: Oregon Water Data Portal funding. The 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. We expect a hearing next week in the House Committee On Agriculture, Land Use, Natural Resources, and Water. The League supports.

  • HB 3573, a bill that addresses funding for a variety of  water measurement strategies.  We expect a hearing next week in the House Committee On Agriculture, Land Use, Natural Resources, and Water. The League supports.


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, the 2025 Water Package. There is a Water Caucus raising awareness of the need to address Oregon’s water needs. 

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.  


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


The League learned on February 14, from the Oregon Department of Forestry (ODF), of the appointment of a new Fire Protection Division Chief, Michael Curran. He has been with the agency for 20 years, most recently in the West Oregon District. Kate Skinner, who was previously serving as Deputy Chief Forester, is now Interim Chief Forester, stepping in after the resignation of Cal Mukumoto following the devastating 2024 wildfire season.


February 17, the Oregon Capital Chronicle wrote about how Governor Kotek and the Legislature are pausing any further action on appeals to the Wildfire Hazard Map in the face of, once again, significant public opposition. Readers of last week’s Legislative Report are likely not surprised by this news. This action casts doubt on the future of the map, which was to be used to help with prioritizing areas of the State for programs and funding for wildfire mitigation and more. And, it comes in the face of calls by some in the Legislature to withdraw the map altogether, again, or even completely “undo” SB 762 , the 2021 Wildfire Bill, which led to the creation of the map and other measures that broadly address the wildfire crisis. 


There was a Public Hearing on HB 3089 on February 18 before the House Committee on Commerce and Consumer Protection. This bill “opens a discussion” of an idea to try and address rising homeowners insurance rates by separating out wildfire insurance from regular homeowners fire coverage. The thought is this could be done much in the manner flood insurance is handled through a federal program. 


On February 19 and 20, the Joint Ways and Means Subcommittee on Public Safety heard from Chief Mariana Ruiz-Temple of the Oregon Department of the State Fire Marshal regarding their budget requests for the upcoming biennium. Her main presentation may be found here. There was much discussion around a reduction of  the Governor’s proposed budget for fire season upstaffing grants. Chief Ruiz-Temple informed the Committee that the reduction would mean a reduction in firefighters by 288, and that this would negatively affect wildfire response for the upcoming season, on top of the layoff of 10% of the United States Forest Services personnel, including  firefighters and others working on mitigation.   You may read more about that development here


Look for information from the Wildfire Funding Group on their recommendations regarding wildfire funding officially in presentations on March 5 and 6.  More next week.


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.


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