AOC Releases 2023 Legislative Summary

AOC Releases 2023 Legislative Summary

Aug 17, 2023 | AOC Advocacy, AOC News

The 2023 AOC Legislative Summary is a comprehensive report that describes the outcomes of the Association of Oregon Counties’ top legislative priorities and provides a detailed overview of each piece of legislation on which the AOC Legislative Committee took a position during Oregon’s 82nd Legislative Assembly. 

Over 2000 bills were introduced this session and 697 were passed into law. The AOC Legislative Affairs Team lobbied for/against 189 concepts and submitted fiscal impact statements on over 500 proposals with potential impact to county budgets. 

The strategic input, lobbying efforts, and technical expertise from commissioners, chairs, judges, and county staff this session was critical to AOC’s ability to advocate successfully on behalf of all of Oregon’s counties in the State Capitol. Together we secured significant policy and budgetary wins, built meaningful relationships with key state leaders, and advanced the state-county partnership. 

The AOC Legislative Summary was emailed to the membership in PDF form, a hard copy was mailed to each county, and it can be found at www.orgeoncounties.org. 

Click here to view the 2023 AOC Legislative Summary.

Contributed by: Mallorie Roberts | Legislative Affairs Director

 

AOC Reflects on the 2023 State Legislative Session

AOC Reflects on the 2023 State Legislative Session

Jun 26, 2023 | AOC Advocacy, AOC News

The 82nd Legislative Assembly adjourned sine die on June 25, 2023 after a whirlwind of productivity during the initial four months followed by an historic six week stalemate. Under leadership from AOC policy steering committees and AOC Legislative Committee, members and staff spent the last six months advocating for AOC’s 2023 legislative priorities, negotiating away threats to county budgets and services, and securing significant policy wins and funding for counties.  

This year saw a newly elected governor and administration, new leadership in both the House and Senate, and a large majority of freshmen legislators. Recognizing this as both an opportunity and a challenge, AOC prioritized meaningful relationship development this session. AOC President Derrick DeGroot and AOC Executive Director Gina Nikkel spent time over the last six months with Governor Kotek and staff, House Speaker, House and Senate Majority and Minority Leader offices, and key committee leadership.  

“Politics is a person-to-person business,” said President DeGroot. For AOC and counties to achieve more influence and impact in Salem, we have to spend time developing long-term relationships and implementing thoughtful, productive strategy.” 

Notable AOC wins this session include:

  • HB 2101A – Surface Transportation Block Grant Fund Exchange Program stability 
  • HB 3201 – Critical updates to broadband statutes to secure nearly $900M in federal funding
  • SB 80A – Improved Dept of Forestry/county engagement process on wildfire hazard map 
  • HB 2010A – Place based water planning and drought resources
  • Interim work group on aid and assist liability mitigation and a risk fund
  • SB 344A – Reauthorization of the Justice Reinvestment Initiative 

The AOC legislative affairs team lobbied for/against over 180 bills this session, analyzed and submitted fiscal impact statements on over 500 bills, and secured interim legislative workgroup commitments for priorities that did not pass this session.

Details on every bill on which the AOC Legislative Committee took a position will be included in the AOC Legislative Session Report, published in the coming weeks. Please join the upcoming virtual meetings of the AOC Steering Committees for a deeper dive into policy and budget outcomes. 

Contributed by: Mallorie Roberts, AOC legislative affairs director

 

Legislature Preserves Critical Local Economic Development Incentives

Legislature Preserves Critical Local Economic Development Incentives

Jun 26, 2023 | AOC Advocacy, AOC News, Governance, Revenue, & Economic Development

House Bill 2009 became the vehicle for negotiations that began early in session about several economic development and tax incentive programs long supported and utilized by counties. Negotiations centered on policy differences about the importance of these locally-driven tools to attract businesses to areas that need development and the alternative viewpoint that the subsidies in these programs needlessly reduce local revenues that could be used for other services, in particular schools. 

AOC supported the efforts to keep these incentives as strong as possible and worked with other stakeholders, including the Oregon Economic Development Association and League of Oregon Cities to keep the programs intact. 

After weeks of negotiation, public hearing testimony and advocacy from AOC members, and multiple rounds of amendments, a -15 amendment to HB 2009 was finally adopted and now goes to the governor for signature. 

The compromise legislation does the following: 

  • Reinstates the research and development tax credit, which was discontinued by the legislature in past years 
    • Tax credit is in effect for 5 years, the percentage is 15 percent of the investment, and the maximum credit per taxpayer is $4 million 
  • Extends the Enterprise Zone and Long-term Rural Enterprise Zone programs through 2032
    • “Fulfillment centers” are no longer eligible
  • Increases the eligibility threshold for projects in the strategic investment program and indexes the eligibility threshold and the taxation threshold 
  • Adds a new “school impact fee” to the Enterprise Zone program
  • Extends the Gain Share program through 2030
  • Adds transparency and notice requirements

The most concerning part of HB 2009 for AOC was the addition of the new school impact fee. Fortunately, the initial proposal was negotiated down to be imposed only in years four and five for regular Enterprise Zones and year six for Long-term Rural Enterprise Zones. The fee will be negotiated between the school district and the zone sponsor and be between 15 percent and 30 percent of the property taxes that would otherwise be paid. Each fee negotiated would apply to all subsequent agreements. 

Contributed by: Anna Braun, AOC contract lobbyist

 

AOC Fosters Strategic State-County Partnerships for Critical Health and Human Services

AOC Fosters Strategic State-County Partnerships for Critical Health and Human Services

Jun 26, 2023 | AOC Advocacy, AOC News, Health & Human Services

Amidst the hustle and bustle of this year’s long legislative session and ongoing leadership transitions in the Oregon Health Authority, the state-county partnership on our shared health and human services has continued to grow. The directors of the Oregon Health Authority, Department of Human Services, Oregon Housing & Community Services and the Office of Emergency of Management are at the table with county commissioners and other local government leaders for monthly Local Government Advisory Committee (LGAC) meetings chaired by Lane County Commissioner Pat Farr. They have been focusing on the statewide emergency homelessness response, preparations for the upcoming wildfire season, and the development of the new state-county contract for community behavioral health services. 

In the coming months, the LGAC will also dig into closer partnership on court-mandated services provided by the Oregon State Hospital and counties’ Community Mental Health Programs, as well as the implementation of several new Medicaid 1115 waiver benefits and the coordination of public health modernization efforts.

An outgrowth of that relationship-building work is a state-county-city collaboration with the Oregon Housing & Community Services department begun this spring to maximize the impact of $26 million homelessness emergency response funding. The funding was earmarked in HB 5019 this session for communities within the Balance of State Continuum of Care which includes 26 of Oregon’s 36 counties. The collaboration has yielded a two-pronged approach for disbursing the funds which is built on a shared commitment to geographic equity; a portion of the $26M will be targeted to meeting the bill requirements to create 100 new shelter beds and rehouse 450 people, with the remainder dedicated to building the capacity of every interested county to respond to its homelessness and housing needs and to draw down available state funding in coming biennia that most rural and frontier counties have not historically had the capacity to do.

The Local Government Advisory Committee for Health & Health Human Services meets monthly on the fourth Friday at 10:00 a.m. in the Human Services Building, Room 160, 500 Summer Street NE in Salem.

Contributed by: Jessica Pratt, AOC legislative affairs manager

 

AOC Ensures County Engagement with State Agency on New Wildfire Hazard Map

AOC Ensures County Engagement with State Agency on New Wildfire Hazard Map

Jun 14, 2023 | AOC Advocacy, AOC News, Natural Resources

The Association of Oregon Counties (AOC) has continuously engaged with the legislature, state agencies, and stakeholders in the development of comprehensive wildfire policies for numerous sessions. By focusing on thoughtful, effective, and regionally tailored wildfire policy, AOC has been able to ensure the county perspective is not only at the negotiating table but included in the implementation of statewide policy on wildfire.  

Senate Bill 80B (2023) makes many technical changes to the 2021 Wildfire bill, SB 762, including revisiting the statewide wildfire risk map. Based on AOC Natural Resources Steering Committee principles and discussions, AOC staff and steering committee chairs worked with bill sponsor Senator Jeff Golden (D-Ashland), the Oregon Department of Forestry (ODF), and Wildfire Program Advisory Council Chair Mark Bennett and Director Doug Grafe on statutory changes with the goal of an improved statewide wildfire hazard map.

Upon passage of SB 80, statute now requires that, “to ensure local characteristics in each area of this state are considered in the mapping process and before the draft map is released, the department shall meet with county commissioners and their staff in eight in-person meetings throughout this state.” 

The bill goes on to say that after those meetings occur and the map is released for public comment, counties will have one additional opportunity to meet with ODF to discuss additional concerns and potential changes to the map. This process must be “interactive and does not consist solely of delivering information in a top-down manner.” 

Finally, to ensure that counties have an active role in the wildfire mapping process, ODF stated on the legislative record that, “The department will receive and consider all comments and concerns for integration into the map, and if they are not integrated, an explanation on why will be provided.”

These county-ODF meetings will be scheduled in coordination with the AOC District Meetings this fall. AOC staff is meeting with county planning directors in advance of the fall ODF meetings to ensure counties are prepared to engage meaningfully in the map review process.

“We look forward to meeting with county commissioners and staff as we put the Wildfire Hazard Map together later this year,” said Cal Mukumoto, Oregon State Forester. “Through working together with counties we were able to craft language that works for both parties. Knowing the local concerns and issues faced in specific areas will help us make a map that is beneficial statewide.”

Contributed by: Branden Pursinger, AOC legislative affairs manager

 

Dead or Alive: Bill Status After March 17 First Chamber Work Session Deadline

Dead or Alive: Bill Status After March 17 First Chamber Work Session Deadline

Mar 23, 2023 | AOC Advocacy

The first chamber deadline on March 17 for a work session to be posted rendered many of this session’s introduced bills officially dead. The next deadline on April 4 for a bill to have had a work session will weed out even more. Below is a short list of AOC priority bills by portfolio and how they stand as of the March 17 deadline. Whether you are inclined to rejoice or despair, it is important to remember that there are various ways a supposedly ‘dead’ concept can be resurrected.

Governance, Revenue, & Veterans

Alive

SB 877 Staggered terms for County Commissioners

The Senate Committee on Rules voted unanimously on March 14 to pass SB 877 with an amendment clarifying if a commissioner is filling a vacancy in either the primary or the general election that term would be for two years.

HB 2490 Cybersecurity Public Records Exemption

The House Committee on Emergency Management, General Government, and Veterans passed HB 2490 unanimously on March 16.

HB 2806 Cybersecurity Executive Session

The House Committee on Emergency Management, General Government, and Veterans committee passed HB 2806 unanimously on March 14.

SB 417 and Other Public Records Bills

On Feb. 6, the AOC Legislative Committee adopted directions for AOC contract lobbyist, Anna Braun, to engage in public records bill discussions. Counties must be able to recoup their costs and requests for public records should not be frivolous. Contract lobbyist, Anna Braun, is a member of the workgroup on the public records bills. The workgroup is continuing to meet weekly.

SB 848 Duty to Defend

AOC voted on March 13 to oppose this bill and AOC contract lobbyist, Anna Braun, testified against the bill at the public hearing. The bill has been the subject of a workgroup led by committee chair, Senator Floyd Prozanski (D-Eugene). The bill is scheduled for a work session on March 29.

Dead 

HB 2055 Streamlining the Procurement Process

The AOC legislative committee voted to support this bill on Jan. 6. This bill had a hearing on Feb. 1 in the House Committee on Business and Labor and had no opposition. Unfortunately, the Department of Administrative Services (DAS) and the Department of Justice (DOJ) had questions about the bill and it was never posted for a work session. AOC is asking the chair of the committee for an interim workgroup on procurement issues.

SB 850 Project Labor Agreements

AOC voted on March 13 to oppose this bill.

Health & Human Services

Alive

HB 2543 Community Behavioral Health Cost Study 

Requires the Oregon Health Authority to conduct a study every four years of funding needed by community mental health programs in complying with statutory requirements and post a report of findings to the authority’s website. 

HB 2395 Opioid Harm Reduction Package

Allows specified persons to distribute and administer short-acting opioid antagonist and distribute kits, streamlines youth overdose death reporting. The bill also updates outdated statutory language.

HB 2773 Local Public Health Workforce Development

Requires Oregon Health Authority to provide incentives to increase recruitment and retention of local public health professionals.

SB 624 Certified Community Behavioral Health Clinic Program

Establishes a certified community behavioral health clinic program in the Oregon Health Authority.

SB 319 Indemnification of Counties, Providers for Community Aid and Assist Services

Provides that a person who contracts with a public body to provide services for purposes of community restoration or to restore fitness to proceed is a state officer, employee, or agent for purposes of indemnification under Oregon Tort Claims Act under certain circumstances.

SB 470 State/Federal Coverage of Youth in Detention

Prohibits the denial of medical assistance on the basis that an individual under 19 years of age is in detention pending adjudication.

HB 2651 Extension of Behavioral Health Workforce Recruitment/Retention Funding

Appropriates moneys from the state General Fund to the Oregon Health Authority to be used for specified purposes related to expanding behavioral health provider workforce.

HB 2977 Behavioral Health Workforce Development 

Requires the Higher Education Coordinating Commission, in collaboration with the Oregon Health Authority, to establish a grant program for the purpose of distributing moneys to institutions of higher education to develop programs that prepare students to enter into the behavioral health workforce.

HB 2463 Reducing Administrative Burden

Requires the Oregon Health Authority to convene two work groups to study statutory and regulatory framework for behavioral health systems and make recommendations to reduce administrative burdens on behavioral health care providers and increase system efficiencies.

HB 2544 Funding for Behavioral Health Residential Treatment Facilities

Appropriates moneys from the General Fund to the Oregon Health Authority for costs related to increasing statewide capacity of licensed residential facilities serving individuals with substance use disorders or mental health concerns.

HB 2405 Fitness to Proceed

Requires that the court dismissing charges due to defendant lacking fitness to proceed also order transport of defendant back to jurisdiction in which charges were initiated.

HB 2506 Supersiting of Residential Treatment and Supported Housing  

Expands the definition of “residential homes” and “residential facilities” that local governments must approve under the same standards as other residential uses.

HB 2001 Emergency Homeless Response Omnibus

Expedites the disbursement of funds set aside for communities in the federal “Balance of State” counties.

HB 5019 Funding for Emergency Homeless Response Omnibus

Dead

SB 219 Implementation of Debra Pinals Report Recommendations

AOC Legislative Committee voted to support this bill with amendments. Those amendments did not come to fruition and the bill was allowed to die in favor of ongoing discussion with stakeholders and legislative leadership.

HB 2431 State/Federal Coverage of Adults in Jail

AOC Legislative Committee voted to support this bill after its first and only public hearing. Prohibits the termination of medical assistance for a person who is residing in a correctional facility in pretrial detention pending adjudication.

HB 2448 Reclassification I/DD Case Managers

The needed remedy in this bill was achieved administratively with the Department of Administrative Services and the Oregon Health Authority, so while the bill is dead, this is a victory for community developmental disabilities programs for staff recruitment and retention as it will begin to accurately set the pay scale based on the current scope of work for program staff after a couple of decades of neglect.

HB 2652 Emergency Fund for Local Health Staff

The AOC Legislative Committee voted to support this bill after its first and only public hearing. Authorizes a county to declare shortage of healthcare and human services personnel and apply to the Oregon Health Authority for moneys to make grants to employers to alleviate shortage by offering certain benefits to potential workers and educators.

Natural Resources

Alive

HB 2527 Habitat Conservation and Management Plan

Modifies several provisions of the wildlife habitat special assessment program related to conservation and management plan approval, monitoring, and compliance. AOC supported the bill as drafted.

HB 3021 Water Right Forfeiture Exemption if Owner Engaged in Conservation Practices

AOC supported the bill as drafted.

SB 718 Water Right Forfeiture Exemption if Governor Declared a Drought in Area

This bill provides that a year in which the governor declares that drought exists or is likely to exist within a county does not count toward the five-year water right forfeiture time period. AOC supported the bill as drafted.

HB 2687 A Native American Tribe Noxious Weed Applicator License

This bill allows for tribal employees to obtain an applicator license to address noxious weeds on and adjacent to reservation land. AOC was in support with amendments. 

SB 471 Wolf Depredation Funding 

This bill would allocate additional funding, $800,000, to the wolf depredation fund that county programs administer. AOC supports the bill as drafted. 

HB 3163 Place-Based Planning

This bill would establish a permanent place-based planning process and ensure the program does not sunset on July 1. AOC was in support with forthcoming amendments from Representative Mark Owens (R-Crane).

HB 3368 Responsible Water Accounting Legislation

AOC took a support and seek amendments position to this bill at its most recent meeting. HB 3368, as drafted, is undergoing significant rewrites, however, the portion of the bill that will remain consists of having the Oregon Water Resources Department conduct a study of all groundwater in the water basins in Oregon and discover which areas have been over appropriated and fully appropriated. AOC is working with the bill sponsor to ensure counties’ concerns are addressed in the forthcoming amendment.

SB 644 Rural Accessory Dwelling Unit (ADU) Decoupled from Wildfire Risk Map

This bill would allow a county to issue and site an ADU in zoned rural areas of a county. The current statute ties this ability to the wildfire risk map being operational. AOC supported the bill with the -4 amendments.

Dead

HB 2940 Counties Take Specific Actions in Wildland Urban Interface (WUI) to Prevent Wildfires 

AOC was opposed to the bill unless amended. The reason was due to the potential fiscal impact that would occur if passed. This bill would require counties to remove any vegetation or tree in county land adjacent to the WUI and build roads to act as fire break lines.

SB 90 State Forest Task Force on Long-Term Management

AOC was opposed to the bill unless amended. The bill would have created a task force to look at long-term state forest management, however, counties were not included in the bill drafting, nor in the base bill make up.  

SB 795 Counties to Re-acquire State Forest Lands

AOC was in support of the concept to give the state forest land back to the counties if the counties believed they could better achieve “greatest permanent value.” This bill received a courtesy hearing but was not advanced.

HB 2547 Additional Funding for Wildlife Services 

This bill would have increased the statutory dollar allocation from $60,000 to $400,000 – the amount it has received in previous biennial expenditure allocations. AOC was in support of this bill as drafted. It is possible this bill is alive though the final appropriations bill of the session.

SB 199 Rulemaking by Oregon Fish and Wildlife on Predatory Animals

SB 199 would give all rulemaking authority on how the taking of predatory animals could occur to the Oregon Department of Fish and Wildlife. This bill would have impacts on county vector control as well as how county employees could go about addressing issues of rodents or animals in buildings and causing problems for docks and wharfs. AOC opposed the bill, unless amended.

Public Safety

Alive

HB 2308 District Attorney Salaries

Eliminating the lower salary for district attorneys in less populous counties has been scheduled for a public hearing March 21 and a work session March 29.

HB 2391 Crime Victim Assistance Programs

Providing state funding for crime victim assistance programs has been scheduled for a public hearing March 21 and a work session March 28. 

HB 2054 Adding District Attorneys to the Police and Fire Public Employee Retirement System

The bill had its first hearing on Feb. 28.

HB 2467 Public Defenders Student Loan Assistance

Establishing a student loan repayment assistance plan for public defenders has been scheduled for a public hearing March 29 and a work session April 3.

HB 2645 Penalties for Fentanyl Possession

Increasing penalties for possession of five or more fentanyl pills has been scheduled for a work session March 23. 

SB 766 Modifying the Illegal Marijuana Market Enforcement Grant program

The bill was moved out of the Senate Committee on Judiciary by unanimous vote. It now moves to the Joint Committee on Ways and Means.

HB 3581 Courthouse Expansion

Columbia County’s bill allows for Article XI-Q bonds to be used for courthouse expansion projects.

SB 962 Emergency Preparedness Coordinators

Creating a grant program to help counties hire emergency preparedness coordinators. The bill has been scheduled for a hearing on March 23 and a work session on March 30.

SB 953 State Medical Examiner’s Office Service to Counties

SB 953 potentially allows the State Medical Examiner’s Office to shift their work and costs onto counties without providing any funding to support the work. The bill is scheduled for a public hearing on March 20 and a work session March 28.

HB 2732 Continuing Funding for Childrens’ Advocacy Centers

Dead

HB 2311 Raising Salaries for District Attorneys

SB 779 Requiring Law Enforcement Officers to Obtain Post-Secondary Education

SB 781 Reassigning Local Law Enforcement

Allows the governor to reassign local law enforcement officers in case of heightened danger or unrest.

HB 2392 Storage of Body Camera Footage

Appropriates money to the Department of Justice for distribution to district attorneys to pay for review and storage of body camera footage.

HB 2394 Prison Medical Care Study 

Directs the Department of Corrections to study ways to improve medical care for incarcerated adults.

HB 2123 Giving County Board of Commissioners Authority to Appoint County District Attorney in Case of Vacancy

HB 2134 Directing Department of Public Safety Standards and Training to Establish Training Program for Deputy District Attorneys.

HB 2212 Including 9-1-1 Operators in Police and Fire Public Employee Retirement System Program

HB 2948 County Fairgrounds Improvements

Providing grants for infrastructure improvements to county fairgrounds that are designated emergency evacuation points.

SB 302 Psilocybin and Cannabis Production

Requiring producers of psilocybin and cannabis to show proof of landlord permission before being granted permission to produce these products legally.

SB 762 Creating Crime of Controlled Substance Homicide

HB 2854 Grants for Disaster Response

HB 2852 Disaster Mitigation and Recovery Managers

Grants for counties to hire disaster mitigation and recovery managers.

HB 2848 Community Based Organization Networks for Emergency Response

Directs Oregon Department of Emergency Management to establish a program for fostering networks of community organizations to help with emergency prevention, preparedness, response, and recovery.

Transportation and Community Development

Alive

HB 3201 Maximizing Oregon’s Share of Federal Broadband Infrastructure Funding

Passed out of the House Committee on Economic Development and Small Business on March 16. It will now head to the House floor for a vote.

HB 3414 Local Land Use Variances

Requires local governments to approve variances that allow developers to violate local housing regulations unrelated to health, safety, habitability, and certain other subjects within urban growth boundaries.

HB 3174 Land Use and Construction Permitting

Local capacity bill providing state funding for additional local government staff to process permits and land use decisions and eliminate delays in construction permitting.

SB 847 Omnibus Housing Bill 

Freezing assessed value of newly constructed middle housing for five years, limiting the Land Use Board of Appeals review of middle housing development, providing for supersiting of homeless shelters, and including several other provisions.

HB 2510 and SB 451 Remove the Cap on Transfers to the County Fair Account so that the Account Receives One Percent of Lottery Proceeds.

Both have been moved out of their policy committees and into the Joint Committee on Ways and Means, though HB 2510 was amended to redirect a portion of the money to horseracing.

HB 2727 Childcare Facility Siting

Creating a workgroup to study barriers to childcare facility siting. The bill received a work session on March 20 and was voted out of committee.

HB 3197 Rural Land Use

Eliminating the requirement that development regulations applying to land outside urban growth boundaries be clear and objective, has been posted for a hearing on March 28 and a work session March 30.

HB 3220 Modernizing the E-Cycles Program 

This program for electronic waste that often includes hazardous materials, was moved out of committee on March 16 on a partisan vote. It heads straight to the House floor.

SB 835 Allowing ADUs to Share a Septic System 

The bill allows ADUs to share a septic system with a single family dwelling. SB 835 has been posted for a work session on March 20.

SB 885 Broadband for Libraries

Helping libraries go after federal grants for broadband infrastructure, has been scheduled for a public hearing and possible work session on March 30.

Dead

HB 2207 Limits Appeals of Local Land Use Decisions

Limiting standing in appeals of local government land use decisions to those living or working within 25 miles of the local government.

HB 2766 Barriers to Broadband Study

Requiring the broadband office to study barriers to placement of broadband access points.

HB 3249 Telecommunications Broadband Bill

Reforms broadband improvement grant programs.

SB 930 Housing Project Appeals

Providing that when local governments’ approval of a needed housing project is appealed and the local governments’ decision is affirmed, attorneys fees for the prevailing applicant would be paid by appellant. 

Contributed by:

Anna Braun | AOC Contract Lobbyist

Michael Burdick | Legislative Affairs Manager

Jessica Pratt | Legislative Affairs Manager

Branden Pursinger | Legislative Affairs Manager