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Legislative Report - Week of 6/30

Natural Resources Team

 

Coordinator: Peggy Lynch  

  • Agriculture/Goal 3 Land Use: Sandra U. Bishop

  • Coastal Issues: Christine Moffitt, Peggy Lynch

  • Columbia River Treaty: Philip Thor

  • Dept. of Geology and Mineral Industries:  Joan Fryxell

  • Emergency Management: Rebecca Gladstone

  • Forestry: Josie Koehne

  • Elliott State Research Forest: Peggy Lynch

  • Northwest Energy Coalition: Robin Tokmakian

  • Oregon Health Authority Drinking Water Advisory Committee: Sandra Bishop

  • Oregon Watershed Enhancement Board: Lucie La Bonte

  • 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:




AGRICULTURE


In lieu of passing any legislation this session to clarify incidental uses allowed in conjunction with agricultural operations on farm and forest lands, the legislature chose to wait for a round of rulemaking to be completed.


Farm Stand Rules Advisory Committee REPORT



OAR 660-033-0130: Regarding farm stands in exclusive farm use (EFU) zones and agri-tourism


The third of an expected five meetings of the Farm Stand Rulemaking Advisory Committee (RAC) was held on June 24th. Topics covered were prepared foods, what constitutes allowable sales of food that is related to the primary agricultural use, and how agritourism or farm stand uses affect nearby farms and agricultural operations. Discussion was lively and informative as to the wide variety of foods and food products that have been allowed or advocated to be allowed for sale at farm stands. Graphic descriptions of impacts on adjacent farm and agricultural operations from public events at farms pinpointed the need to further define and regulate non-primary, incidental activities on farmland. RAC members represent a broad array of viewpoints and experience in agricultural operations and land use systems. It is expected that the result of this rulemaking will also include recommendations for statutory changes.


The RAC meetings are online, live-streamed and recorded and may be viewed on the Oregon Department of Land Conservation and Development (DLCD) YouTube channel. The 20-member RAC is expected to have two additional meetings. The next RAC meeting is scheduled July 18th 9am to noon. Rulemaking Webpage 


The public hearing on this rulemaking is expected to be at the September meeting of the Land Conservation and Development Commission (LCDC) commission.


Written comments may be submitted at any time before the public comment period closes at 5pm on Nov 5th 2025. Email comments to: farmforest.comment@dlcd.oregon.gov. Only written comments become part of the public comment record.​  


Rule adoption is expected to be on the agenda for the December 2025 LCDC meeting.

Contact Hilary Foote at hilary.foote@dlcd.oregon.govwith any questions about the RAC or the larger project. 

AIR QUALITY


SB 726 A would direct the Environmental Quality Commission to adopt rules requiring methane detection technology emissions monitoring at Coffin Butte landfill. HB 3794, creating a Task Force on Municipal Solid Waste in the Willamette Valley, also passed.


BUDGETS/REVENUE

By Peggy Lynch


Following are the budget bills we watched in Natural Resources. 

  • Dept. of Agriculture: SB 5502 Dept. of Agriculture Fees: SB 5503 Governor signed both. 

  • Dept. of Environmental Quality: SB 5520 League testimony. LFO Recommendation and Meeting Materials Governor signed.
  • Oregon Dept. of Energy: SB 5518 and Oregon Dept. of Energy Fees: SB 5519 Meeting Materials. Governor signed. 

  • Oregon Dept. of Fish and Wildlife: HB 5009 (LFO Recommendation), along with HB 2342 A  (LFO Recommendation) Relating to fees concerning wildlife, HB 2343 A (LFO Recommendation) Relating to the Columbia Basin endorsement. These bills passed both chambers and are awaiting the Governor’s signature.   HB 2345 (LFO Recommendation) Relating to Oregon hatcheries. Governor signed.  

  • HB 2977, the 1% for Wildlife bill, would have increased the Transient Lodging Tax (TLT) that is collected at lodging establishments, from 1.5% to 2.75% total. The bill passed the House floor, but did not make it out of the Senate. A 1.25% increase in the TLT: Revenue Impact Statement  Provides the list of uses for the income: Fiscal Impact Statement. Of interest was the conversation around future legislator actions that might change or add to the use of this new revenue. We expect this bill to return in 2026 or 2027.   

  • Oregon Dept. of Forestry: SB 5521. Meeting MaterialsLFO Recommendation Passed both chambers and awaiting the Governor’s signature.  HB 2072 , Harvest Tax, LFO Recommendation, is also waiting for the Governor’s signature.  

  • Dept. of Geology and Mineral Industries (DOGAMI): HB 5010 LFO Recommendation. Waiting the Governor’s signature. Meeting materials  LWVOR testimony LWVOR supports  SB 836, a bill that would significantly increase permit fees for mining related activities. Here is the LFO Recommendation for SB 836. It passed both chambers and is awaiting the Governor’s signature.  
  • Dept. of Land Conservation and Development:  SB 5528 LWVOR testimony.  The budget passed both chambers and is awaiting the Governor’s signature. LFO Recommendation 
  • Land Use Board of Appeals:  SB 5529  Public hearing Feb. 27 LWVOR testimony. Governor signed.  
  • Oregon State Parks and Recreation Dept.: HB 5026 Public hearing March 5. Meeting Materials LWVOR testimony in part to address comments by the Legislative Fiscal Office. The bill is waiting for the Governor’s signature. LFO Recommendation. There is a bill related to contracting rules (SB 838) that has been signed by the Governor.
  • Water Resources Dept.: SB 5543 Public hearing Feb. 18-20.  Meeting Materials. LWVOR testimony. And the fee bills: support HB 2808 and support HB 2803 The budget and fee bills passed both chambers along with HB 3544A, a bill that revises current statutes on contested case procedures related to new water right applications and water right transfer applications (contested cases). The bills now go to the Governor for her signature. 
  • Oregon Watershed Enhancement Board: HB 5039. Info mtg. & Public hearing Feb. 25-27 LWVOR  testimony.   Meeting Materials. Waiting the Governor’s signature. LFO Recommendation 
  • Oregon Watershed Enhancement Board 6-Year Limitation: HB 5040  LFO Recommendation  Also waiting for the Governor’s signature.

  • Oregon Dept. of Transportation (ODOT):  SB 5541 info hearing 3/03-6, public hearing 3/11. The budget for ODOT was written to address whether or not HB 2025, the comprehensive Transportation ReInvestment Package (TRIP),  passed. It did not so we expect more than 600 ODOT positions and some programs will be cut. SB 5541 passed both chambers and is awaiting the Governor’s signature. 

  • 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 Info hearings 4/29-30. Public hearing May 1st. This bill has passed both chambers and is waiting for the Governor’s signature. Sen. McLane supported an amendment to increase staff.  There was a discussion and assumption that, having more information by the February session will help in any staffing increase change decisions.  

  • Lottery Bonds: SB 5531, with the -4 amendment, passed both chambers and is waiting the Governor’s signature. The Staff Measure Summary provides a complete list of projects. The amendment provides clarity on how the bonds should be spent.

  • Emergency Board: HB 5006, with the -1 amendment, passed both chambers and is waiting for the Governor’s signature. This bill was populated with an amount for the Emergency Board to spend at will and amounts in Special Purpose Appropriations if needed when the legislature is not in session as well as a long list of other expenditures. There were also a few Budget Notes directing agencies to report back to the legislature on the legislature’s directions related to spending and other actions directed by the legislature.  HB 5006 is the end-of-session (Christmas Tree) bill.  

  • General Obligation Bonds, etc.: SB 5505, with the -2 amendment, allocated bonding authority to the list of projects to be funded by these bonds, passed both chambers and is awaiting the Governor’s signature. 

  • Six-Year Limitation/Bonds: SB 5506 with the -2 amendment, a bill that 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 passed both chambers and is waiting the Governor’s signature.  


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 ISSUES


SB 504 A, relating to bioengineering for the protection of coastal resources, and SB 1047 B, a bill that may well open up a new golf course south of Bandon Dunes on the south coast, passed both chambers and are awaiting the Governor’s signature. 


Neither HB 3580 eelgrass stabilization LWVOR signed letter of support nor HB 3587A Protection of Rocky Habitat LWVOR signed letter of support (fiscal impact statement) were funded this session. 


Oregon Ocean Science Trust Quarterly Board Meeting, July 9 in-person and virtually 11:00 p.m. to 3:00 p.m.  In-person location: Hatfield Marine Science Center | Guin Library |Barry Fisher Room | 2030 SE Marine Science Drive | Newport, OR | 97365. 

 

Virtual format: GoToMeeting.https://meet.goto.com/createstrat/oregonoceansciencetrust


Call in information: (571) 317-3112 | Access Code: 438-756-733.   Agenda and other meeting materials will be posted to the website as they become available.  Oregon Ocean Science Trust website.  Contact: Linda.Safina-Massey@dsl.oregon.gov  


The League signed on to a letter of support for HB 3963 , a bill that extends the timeline for the Dept. of Land Conservation and Development to provide a report on offshore wind conversions from 2025 to 2027. The League signed on to testimony  in support. The bill passed the House and Senate and is awaiting the Governor’s signature.



DEPT. OF ENVIRONMENTAL QUALITY (DEQ) 

By Peggy Lynch


SB 1154 was filed by the Governor to address the groundwater/nitrate issue in Morrow and Umatilla counties. The bill passed the Senate and House and is waiting for the Governor’s signature; however, the bill does NOT deal with the Morrow/Umatilla Groundwater Management Area.  Instead it focuses on potential groundwater contamination in the rest of the state. This article shares the frustration with the weakness some see in the bill because of lack of clear enforcement mechanisms.


FORESTRY

By Josie Koehne


The timber tax bill HB 3489 we advocated for died in committee after a public hearing on April 24th.

 

The big wildfire funding bill HB 3940 B that the Wildfire 35 workgroup worked on for one year had four of its six funding recommendations included in the B engrossed bill that passed on a party line vote 3-2 on June 25th. Included in the new -25 amendment that was adopted were two additional funding sources: a new tax on ‘oral nicotine products’; and the transfer of 20% of the interest earned from the Rainy Day Fund (which is projected for this 2023-25 biennium to be $1.9 billion) which revenue staff project to bring in $4.3 million in 2025-26 and $5.1 million for 2026-2027. The 20% on the Rainy Day Fund interest revenue would support forest community fire resilience, with 6.7 percent to the Landscape Resiliency Fund established and 13.3 percent to the Community Risk Reduction Fund. Funding has traditionally only gone for fire suppression, so these fire prevention efforts are new. 


Also included in the bill were revisions to the Harvest Tax portion of the original bill including minor increases to the Forest Products Harvest Tax (from 62 cents to $1 for fire suppression) and other modifications. There are also significant tax reductions for grazing lands and tribal lands within Rural Fire Protection Districts and all rates will be adjusted for inflation going forward. The LWVOR supports HB 3940 B. The bill passed both chambers and awaits the Governor's signature. 

 

HB 3103 would have required the State Forester to manage and set harvest

levels for cutting timber on state forestland at least every 10 years, after conducting a timber inventory. The State Forester would have required funding to carry out these

duties. Testimony in opposition voiced concerns about anyone being able to sue ODF for failure to meet timber harvest levels and that timber harvest levels trumped all the other values state forests provide Oregonians. The -5 amendment that was adopted and referred to Ways and Means was modified to require that the State Forester must take into account: the condition of the available state forestland the material terms of a habitat conservation plan formally submitted and approved by application to the National Marine Fisheries Service or the United States Fish and Wildlife Service follow the Oregon Forest Practices Act rules follow rules adopted by the board of Forestry that relate to the management of state forestland. The amended version states that any person who had commented on rulemaking establishing or adjusting a sustainable

timber harvest level may apply to the Circuit Court for Marion County for a temporary or permanent injunction directing the State Forester to promptly comply. The bill died in Ways and Means.


SB 1051, transfers the power to appoint a State Forester from the State Board of Forestry to the Governor, subject to Senate confirmation. All 75 people who testified opposed the bill. Following a period of public comment, the adopted -4 amendment includes the attributes desired in the State Forester: the State Forester must have organizational management experience and executive or operational experience and expertise overseeing forest and wildfire management on western forestlands. The bill passed both chambers and is awaiting the Governor's signature.


GOVERNANCE


HB 3569, a bill that would require a Chief Sponsor (legislator) of a bill to be a part of a rules advisory committee (RAC) for legislation they had a hand in passing, passed the House. The League provided testimony with our concerns and opposition to the bill.  The bill also passed the Senate. Governor signed. 

HB 2454 passed House Rules with the -1 amendment and was sent to Ways and Means. The bill would create a new Audits Officer (with possible additional staff). The Jt. Audits Committee would hire the Officer. The bill died in Ways and Means. 


We were 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.The bill was sent to Ways and Means where it died. 


See also the Governance section of this Legislative Report. 



LAND USE & HOUSING

By Sandra U. Bishop/Peggy Lynch


HB 2138, the Governor’s follow up on the middle housing bill, has passed the House and Senate and will surely be signed by the Governor. LFO Recommendation. The League engaged on elements of this bill over the summer but chose to stay silent due to some of the provisions in the bill.  


HB 2258, a bill that authorizes the Land Conservation and Development Commission to adopt rules requiring local governments to approve certain land use applications for residential developments using building plans preapproved by the Department of Consumer and Business Services passed the House and the Senate and is awaiting the Governor’s signature. LFO Recommendation 


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. Although this bill did not pass, some of the projects listed were funded in HB 5006 or SB 5531. 


We also supported  HB 3031 A where we were hoping for a $100 million in the new Housing Infrastructure Project Fund. SB 5531 includes authorization for $10 million in lottery bond proceeds for deposit into the fund. HB 5006 includes $1.2 million Lottery Funds for program administration and $1 dollar in Other Funds expenditure limitation for expenditures from the fund, with a budget note directing the Oregon Business Development Dept. to report to the Ways and Means Committee during the February 2026 legislative session on program implementation and project recommendations. 


HB 2316:  Allows designation of Home Start Lands to be used for housing.  The bill passed both chambers and is awaiting the Governor’s signature. 


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


REGIONAL SOLUTIONS



The Regional Solutions Program: Within each of the 11 Regions, which are tied to Oregon’s federally designated Economic Development Districts, a Governor-appointed Advisory Committee sets Regional Priorities and a cross-functional Team of state agency staff works together to move projects forward. Regional Coordinators, who are embedded in their communities and represent the Governor in the field, work with Advisory Committees and Teams to ensure effective state government support to local partners and serve as a conduit between the Governor and local communities. If you know anyone who may benefit from these publications, please direct them to this signup pageThe public is welcome to attend virtually or in person.  Go to the program website and to the region to find the agendas and meeting materials posted a few days before the meetings.  Public Comment is usually scheduled.  Upcoming Regional Solutions Advisory Committee (RSAC) Meetings: 


• Southern (Jackson and Josephine Counties) July 16, 1-3pm.  Jackson County Parks Auditorium, 7520 Table Rock Rd, Central Point

• Mid-Valley (Marion, Polk, and Yamhill Counties) August 14, 1:30-3:30pm

• Central (Crook, Deschutes, and Jefferson Counties) August 15, 12-2pm

• Northeast (Baker, Union, and Wallowa Counties) September 23, 2-4pm

• Greater Eastern (Gilliam, Grant, Harney, Malheur, Morrow, Umatilla, and Wheeler Counties) September 25, 1-3pm

TRANSPORTATION


HB 2025 was the comprehensive Transportation Reinvestment Package (TRIP) assigned to the Joint Committee on Transportation Reinvestment. The League signed on to a letter in support of increased transit funding.  Because it raises taxes, HB 2025 needed a 3/5 majority to pass—18 of 30 Senators, 36 of 60 Representatives. The Oregon Capital Chronicle provided a view of the fate of the bill.  The bill was sent back to committee where the A28 amendment was adopted. A 28 Amendment Staff Measure Summary A 28 amendment Revenue Impact Statement A 28 Amendment Fiscal Impact Statement. The Statesman Journal provided an article. The bill did not have the votes to pass so the Governor tried one last amendment trying at leat   to provide money only to ODOT. (HB 2025 would have shared the revenue: 50% to ODOT, 30% to counties and 20% to cities for transportation expenses.)  It did not receive a favorable reception and the bill died. The Governor is expected to authorize a reduction of ODOT staff by up to 1,000 positions as of July 7, effective July 31. (ODOT currently has about 4,000 employees.) We will all have to see if there will be a special session (only expected if there are votes for a bill) or if we will all wait until the February 2026 short session.  To be clear, local governments may also be cutting transportation and transit staff due to the failure to pass a comprehensive bill. 


WATER

By Peggy Lynch


HB 2169 is awaiting the Governor’s signature. LFO Recommendation. The bill directs the Department of Environmental Quality (DEQ) to establish and lead an interagency water reuse team to encourage and expand water reuse in Oregon. 


HB 2947 is waiting for the Governor’s signature. “Directs 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. LFO Recommendation

   

HB 3806, a bill that authorizes the Oregon Water Resources Commission to approve a Deschutes River water bank pilot program if the charter is approved by the Confederated Tribes of the Warm Springs and adheres to all requirements. The pilot program sunsets on January 2, 2034, and is waiting for the Governor’s signature. 


LWV Deschutes County submitted a letter in support of SB 427, a water rights transfer bill meant to protect instream water flows. SB 1153, an alternate bill provided with help from the Governor’s office was amended by the -10 amendment and sent to Ways and Means. Neither bill survived the session. 


Water Right Process Improvements (HB 3342). The Governor signed.


HB 3525 is related to tenants’ right to well water testing. The League submitted  testimony in support. The House Rules Committee adopted the A-12 amendment.  The House passed the amended bill and it went  to the Senate where the Senate Rules Committee adopted a B 11 amendment that addresses a conflict with SB 1154. The bill passed the Senate, repassed the House and now awaits the Governor’s signature.  


League members may want to check the U. S. Drought Monitor, a map that is updated every Thursday. Over 42% of Oregon is in moderate drought (D1) and over 6% is in severe drought (D2) with the rest of the state experiencing abnormally dry condition. Here is a more complete website about drought in Oregon and a long range climate prediction


We all need to pay attention to the potential for harmful algal blooms (HABs). “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. Information on current advisories can be found on the OHA’s cyanobacteria bloom webpage at healthoregon.org/hab. The OHA has an online photo gallery to help community members identify signs of potentially harmful blooms. As the summer heats up, be aware of the signs of potentially deadly HABs to your pets as well as humans.



WILDFIRE

By Carolyn Mayers


The 2025 Long Session has ended with a whimper, once again, when it comes to wildfire funding. There were other disappointments, but this is the second session in a row that high hopes at the beginning were dashed in the end.


HB 3940, the wildfire funding bill, passed and awaits the Governor’s signature.  The final version consists of a tax on some oral nicotine products and using 20% of the interest on the Rainy Day Fund for wildfire mitigation, as well as other components per this article. The long-awaited and much-anticipated durable and sustainable funding that was the goal of the Wildfire Funding Workgroup did not come to pass, so work will have to continue in the future to try, again, to address this ongoing crisis. 


Additional funds were provided for various wildfire related assistance in HB 5006, the “Christmas tree” bill:  $24 million for ODF wildfire severity in a Special Purpose Appropriation (SPA) to be approved to spend by the Emergency Board on an as-needed basis. There was also $150 million in a SPA for natural disasters. Additionally, ODF received General Fund $20,019,831 General Fund Debt Service 889,373 Lottery Funds Debt Service (571,207) Other Funds 6,008,530 Other Funds Debt Service 2,112,273 Federal Funds 67,662.  Oregon State Fire Marshal: General Fund $13,014,514 Other Funds 13,247,096 Federal Funds 199.


HB 3984 A, would have required certain public electric companies to pay any Federal taxes owed by recipients of settlements resulting from wildfires which were alleged to be caused by the utility. In addition, a study would be undertaken by the Public Utility Commission (PUC) to determine what other steps can be taken by utilities to ensure the safety of customers. It had a Public Hearing before House Rules on June 23, and then a Work Session on June 27, at which time the -10 amendment was adopted, and the bill passed the House but did not have time to go through the Senate. HB 3666 would have required the PUC to establish standards for wildfire mitigation actions and an accompanying certification for electric utilities in an attempt to standardize their approach. It did not advance. 


SB 1051 A, which would transfer the power to appoint the State Forester to the Governor from the Board of Forestry, and SB 83, which repeals the State Wildfire Hazard Map and accompanying statutes related to it have both passed and are on the Governor’s desk awaiting her signature. SB 75 A, which removes the wildfire hazard map as a guide for allowing Accessory Dwelling Units  and requiring higher building codes in rural areas, is also awaiting the Governor’s signature. 


As expected, with the movement of HB 3940 as mentioned in the previous report, the following bills did not advance:

  • SB 1177 would have established 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 have yielded approximately $170-180 million per year, or just over half of the aforementioned projected ongoing costs to fund wildfire mitigation and suppression. (The Governor has expressed interest in using only the amount of kicker that would go to large income earners for wildfire costs.)  

  • SJR 11 would have 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 have meant an amendment to the Oregon Constitution, which would have to go to voters for approval. 

  • HB 3489 would have imposed a severance tax on owners of timber harvested from public or private forestland, had a Public Hearing April 24 before House Revenue, where it remains. The League has supported a severance tax in past sessions and provided testimony at the hearing. 


SB 454 A requires the Department of the State Fire Marshal to create an advisory committee to advise the department on funding options for rural fire protection districts (RFPDs), instructs the committee to develop funding recommendations based on the review and report to the Legislature by December 31, 2026. It passed and awaits the Governor’s signature.


SB 926, which would have prohibited 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, died in committee.


HB 3349 Rural Fire Protection Assn. and equipment funding, etc. Awaiting Governor’s signature.


SB 494, which requires the Oregon Department of Administrative Services to study classification and compensation for forestry and wildland fire positions in state government. Awaiting Governor’s signature.


An update on the devastation of the Rowena Fire in the Gorge near the Dalles: According to an early OSFM report, Wasco County lost 56 homes (mostly manufactured homes with some stick built), 91 outbuildings, 18 vehicles, and 11 RVs. There were further damaged structures. Wasco County Emergency Management estimates that up to 50 percent of lost homes were un/underinsured, citing difficulties in insuring manufactured dwellings. At least two community water systems were impacted by the fire and at least one community septic system – in addition to many individual septic systems.



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 EmergencyRevenue, Governance, and Social Policy report sections.





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