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Legislative Report - Week of 3/3

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


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 supports. The public hearing on this bill was held Feb. 24 in the Senate Committee On Energy and Environment. See the article in the Statesman Journal. See also the Climate Emergency Legislative Report this week. 


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


The following Senate bills  will be considered in the Senate Committee On Natural Resources and Wildfire on March 6: SB 78 – Replacement dwelling bill and 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. 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. 



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; Wildfire Funding Workgroup Work Session/report to be a part of the ODF budget presentation. The Workgroup will also present their report regarding potential wildfire funding solutions to the Joint Committee On Ways and Means Subcommittee On Public Safety on March 5 and to the Joint Committee On Ways and Means Subcommittee On Natural Resources on March 6.

  • 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.     

  • Dept. of Land Conservation and Development:  SB 5528 Governor’s budget DLCD Fact Sheet Public hearing Feb. 3-4; LCDC 1/24 presentationMeeting 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 (Work Session Mar. 4 in Senate Committee On Natural Resources and Wildfire)

  • 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 

  • 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. 25-27 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

  • 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 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 

  • 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 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.

 

COASTAL


LHas the Jordan Cove Liquified Natural Gas (LNG) project reared its head again? League members may remember this proposed project that would have allowed a pipeline across land from southern Oregon to Coos Bay and then would have created an LNG export facility on unstable lands on the edge of the Bay.  LWVOR supported local Leagues in objecting to the project, including engaging with state agency permit applications. The project eventually pulled out as they lost permit approvals. But we have been informed that a new filing to the Federal Energy Regulatory Commission (FERC) has been proposed and the applicant is stating that new federal support should supersede state permitting. We will share more as we learn more.  


A bill League is following is 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 was held.  The -4 amendment was adopted unanimously on Feb. 25 in the Senate Committee On Natural Resources and Wildfire and the bill has been sent to Ways and Means.  


The League is pleased to see the bill numbers for kelp and eel grass conservation (HB 3580 ) Eelgrass Action Bill (HB 3580) and protection of Rocky Habitat (HB 3587 ).  Here is a one-pager: Rocky Habitat Stewardship Bill (HB 3587). The League signed on to letters of support for both HB 3580 and HB 3587. 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.because we believe that the DEQ should retain the power to implement vehicle emission testing. 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.  A public hearing was held on Feb. 18 in the Joint Committee On Transportation.

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 was held on Feb. 25 in the Senate Committee On Natural Resources and Wildfire where it passed unanimously and now heads to the full Senate for a vote.


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 an article about this issue in this report under Agriculture.   

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  GEOLOGY AND MINERAL INDUSTRIES (DOGAMI)

By Joan Fryxell


On March 6th  the Technical Review Team (TRT) will be meeting on the Calico Resources proposed Grassy Mountain gold mine near Vale in Malheur County. The TRT will discuss Best Available Practicable and Necessary Technology (BAPNT). Information will be available online.


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


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. The Senate Committee On Veterans, Emergency Management, Federal and World Affairs will hold a public hearing on March 6th.


FORESTRY (ODF)

By Josie Koehne


HB 3103, a bill that would direct the State Forester to establish “sustainable” harvest levels for harvesting timber on state forestland and develop a timber inventory model to inform sustainable harvest levels while ignoring the court affirmed “greatest permanent value” will be heard on March 3rd in the House Committee On Agriculture, Land Use, Natural Resources, and Water. The League will OPPOSE


Governor Kotek is proposing SB 1051, sponsored by Sen. Kayse Jama, that would move the hiring authority for the State Forester from the Board of Forestry to the Governor with Senate confirmation. Requires the state forester or deputy to be a practical forester. The bill was referred to the Senate Committee on Rules where it’s not subject to the same deadlines as other bills and where it will likely be heavily debated.


The Oregon Board of Forestry will meet for 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


Our partners in the Oregon Conservation Network alerted us to 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 to individual state agencies that 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 proceduresOn Feb. 19, the Governor provided expectations and guidance for state agencies related to rulemaking and customer service. Upon outreach to the Governor’s Office, the League has been invited to participate in a discussion of rulemaking processes and committee membership selection.




LAND USE & HOUSING


By Peggy Lynch


The League provided testimony in support of the Land Use Board of Appeals budget:  SB 5529. We will also follow SB 817, a bill to request a minor fee increase (Work Session Mar. 4 in Senate Committee On Natural Resources and Wildfire).


The League attended a webinar on the proposed 2025 Natural Hazards Risk Assessment.  You can watch the webinar on DLCD’s YouTube Channel.  Among the items of interest was a proposed verbiage change from using “climate change” to “future considerations” so as to not trigger issues with the federal government since this document is used as part of the Federal Emergency Management Agency (FEMA)’s grant process.     


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 had a public hearing on Feb. 26 in the House Committee On Housing and HomelessnessAlthough there are a few issues yet to resolve, the League supports this important funding bill. LWVOR testimony. Governor’s news release.  


Bills we are following: 


  • 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, filed at the request of the Governor.  A public hearing will be held on March 3rd in House Committee On Housing and Homelessness where a -1 amendment is posted as a “gut and stuff” for the bill.  We expect to see additional amendments before the bill moves forward.  At this time, the League is not planning to testify on this 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. The bill passed the House 49-7 and now moves to the Senate.

  • 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.



OREGON PARKS AND RECREATION DEPARTMENT (OPRD)


The OPRD budget will be considered this week.  The Legislative Fiscal Office notes: During the November 2024 meeting of the Oregon Parks and Recreation Commission, the Department provided an update outlining concerns for the long-term sustainability of OPRD’s operational funding. The Department asserted that the largest known challenge for the 2025-27 biennium is addressing the gap between projected operational revenues and anticipated expenditures. Throughout this biennium as well as the next, OPRD’s operational budget is dependent on an existing beginning balance. This means the current level of expenditures, given projected revenues, is unsustainable for the long-term. While the dedicated programs remain sustainable, operational expenditures are outpacing Lottery Funds and non-dedicated Other Funds revenues used to support agency operations.



OREGON WATERSHED ENHANCEMENT BOARD (OWEB) 


By Lucie La Bonte


On Feb. 25th, OWEB presented their budget (HB 5039) to the Joint Ways and Means Subcommittee on Natural Resources.  The presentation included information regarding the life cycle of grants and funding that OWEB receives and passes on to grantees through the reimbursement process. Turnaround time is within 2 weeks for reimbursements. Staffing continuity is important for local folks. They have an engaged Board of 18 that makes allocation decisions. There are multiple state and federal agencies, tribal and local representation. OWEB has made 900 grants this year. They have new programs: Protect over 12,000 acres of Agriculture Land, Working Lands Funds, and Water Source Protection.There were questions from the committee on weed control, invasive species and sustainability. 9%-10% of funding is used for staffing. There are no requests for new staffing in the budget, but there is one request to make a limited duration position permanent. A public hearing was held Feb. 26th. HB 5039 is the agency’s budget 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. 


STATE LAND BOARD (SLB)

By Peggy Lynch


The State Land Board met on Feb. 27th to begin the process of recruiting for a new DSL Director, with an appointment targeted for June 10. The next regular meeting is scheduled for April 8. 



WATER

By Peggy Lynch


LWV Deschutes County submitted a letter in support of SB 427, a water rights transfer bill meant to protect instream water flows.


HB 3106 is the Oregon Water Data Portal funding bill for which the League provided testimony in support.  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 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. A public hearing was held on Feb. 26th in the House Committee On Agriculture, Land Use, Natural Resources, and Water where a -1 amendment was shared that would create an entire multi-agency system for gathering the water data needed for good decision making.  The League has yet to determine if this new proposal is good for Oregon. See the following Oregon Watershed Enhancement Board presentation and the Internet of Water Coalition presentation . 


A work session will be held on Mar. 3rd on HB 3341 in the House Committee On Agriculture, Land Use, Natural Resources, and Water. It appropriates moneys to the Oregon Watershed Enhancement Board for the Community Drinking Water Enhancement and Protection Fund.  The League supported the establishment of this fund in past years. 

Other water bills we are following: 


  • 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.   

  • 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 that is now 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. Per Rep. Owens: the -2 and -3 amendments on HB 3419 will NOT move.

  • 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 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 the 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. 


WILDFIRE

By Carolyn Mayers


The Wildfire Funding Workgroup will present their report regarding potential wildfire funding solutions to the Joint Committee On Ways and Means Subcommittee On Public Safety on March 5 and to the Joint Committee On Ways and Means Subcommittee On Natural Resources on March 6. There are six concepts.  Each will have its own bill number, submitted by Rep. Lively who was an ex officio member of the Workgroup.


Sen. Jeff Golden released a plea for a comprehensive solution to our wildfire crisis.


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 EmergencyGovernance, and Social Policy report sections.


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