Mar 29, 2024 | AOC Advocacy, AOC News, Health & Human Services
This year’s short legislative session was remarkably successful, as the Association of Oregon Counties (AOC)’s health and human services priorities largely aligned with those of legislators on both sides of the aisle. The following policy and funding bills, effective upon the governor’s signature, will better equip counties to address the state’s dual homelessness and substance abuse crises.
HB 4092 addresses AOC’s top health and human services policy priority, and requires a mandatory cost study to be conducted every five years for services that our community mental health programs are statutorily mandated to provide. The study is aimed to capture the true cost of the service delivery array, correcting for inflation-based increases as well as unfunded mandates. The first study is due in December 2024 and because of the short timeframe, will be limited to court-mandated services. A full study will be conducted in 2025.
HB 4092 also mandates and funds a workgroup to recommend measures to reduce the administrative burden on community mental health programs and their local contracted providers. The report is due at the end of the year. A survey of local providers estimates that 40% to 60% of every clinician’s day is spent on administrative work rather than direct care. Any reduction in this burden will immediately increase Oregon’s public behavioral health services capacity.
HB 4002 (Measure 110 reform policy bill) establishes local jail-based and mobile medication for opioid use disorder programs through grants from the Criminal Justice Commission. The bill requires at least 10% of total grant awards to be awarded to facilities in rural areas.
HB 5204 (omnibus funding bill for Measure 110 reform and related programs) provides:
- Gap funding for specialty courts, aid and assist community restoration services, and jail diversion
- Start-up funding for county deflection (pre-arrest diversion) programs
- Start-up funding for the medication for opioid use disorder program
- Behavioral health workforce development funding at Oregon universities to attract and support students acquiring degrees and certifications
HB 4001 establishes an interim task force that will recommend specialty court system improvements and sustainability measures for consideration in the 2025 session. There are two seats on the task force for county government.
Contributed by: Legislative Affairs Manager Jessica Pratt
Mar 29, 2024 | AOC Advocacy, AOC News
On Wednesday, March 27, Governor Kotek signed SB 1576, which contained a “recreational immunity” fix eliminating the excessive liability that was causing local governments across Oregon to close off public access to trails on their land. With the governor’s signature, the law has now become effective, meaning that “NO ACCESS” signs can be taken down immediately. The Association of Oregon Counties (AOC), together with the Oregon Recreation and Parks Association, the League of Cities, the Special Districts Association of Oregon, the Oregon School Boards Association, and many other public landowners, worked hard to persuade the legislature to enact this legislation.
The new protections only last through the end of 2025, so another bill will have to be passed during the 2025 legislative session to preserve the protections. AOC expects to continue participating in the Coalition to Restore Recreational Immunity as efforts to get a permanent fix continue.
Citycounty Insurance Services (CIS) had issued guidance encouraging trails be closed because of the liability risk arising out of the Fields v. City of Newport case, where court rulings severely curtailed the landowner protections recreational immunity law provides. CIS is updating its Recreational Immunity FAQ page to reflect the fact that the excessive liability around public access to trails is gone.
In a message to its clients, CIS wrote: “Because SB 1576 went into effect immediately, all trails that were previously closed due to the Fields v. City of Newport court decision can now be reopened without undue risk to local government budgets and programs. CIS is very happy to encourage local governments throughout Oregon to let their constituents know that all trails and recreational opportunities are open for business once again, and will remain open throughout the summer season.”
CIS General Counsel Kirk Mylander will be joining AOC’s Governance, Revenue, and Economic Development Steering Committee meeting on April 12, to review the new law and answer questions from county representatives. A recording of the meeting will be made available here.
Contributed by: Legislative Affairs Manager Michael Burdick
Mar 27, 2024 | AOC Advocacy, AOC News, Health & Human Services, Public Safety & Veterans
The short, fast-paced 2024 legislative session ended with real wins for the Association of Oregon Counties (AOC) public safety portfolio. AOC’s Public Safety Steering Committee identified two priorities in advance of the session — increasing state investment in community corrections for the remainder of the 23-25 biennium, and elevating the county voice and role in Ballot Measure 110 reform conversations. Both of these priorities were achieved due to the ongoing advocacy of AOC members.
Community corrections funding
This past fall AOC heard from counties across the state that funding for community corrections was at a critical breaking point. In response, the AOC Public Safety Steering Committee prioritized increased state investments in community corrections funding for the remainder of the 23-25 biennium in the 2024 short session.
Thanks to advocacy from AOC members and community corrections directors, the legislature recognized this critical need and appropriated the requested amount. HB 5204 includes $16 million allocated to the Oregon Department of Corrections for grant-in-aid funding to counties specific to community corrections funding. AOC and other partners have committed to coming to the table over the interim to collaborate on a new funding formula for community corrections, ensuring that future funding formulas are better reflective of current populations coming through community corrections.
Addressing the fentanyl crisis
In addition to community corrections needs, the AOC Public Safety Steering Committee also prioritized Measure 110 reforms in the 2024 legislative session. Specifically, our members asked AOC to elevate the county voice in Measure 110 reform, supporting policy modifications that prioritize engagement in substance abuse treatment, provide sufficient funding for county services, and strengthen tools the criminal justice system can use to fight illegal drug use and sales.
The legislature passed two bills related to Measure 110 reform — House Bill 4002: Measure 110 Reform Policy Package, and House Bill 5204: Measure 110 Reform Funding Package.
AOC staff worked closely throughout session with public safety partners and legislative leadership consistently communicating how potential Measure 110-related policy changes would affect counties. AOC staff advocated for appropriate funds and capacity building at counties, while also pushing for maintaining the integrity of counties’ local mental health authority. AOC President Danielle Bethell testified on behalf of AOC in front of the Joint Committee on Addiction and Community Safety Response during a public hearing on HB 4002 and relayed AOC’s position, which was also submitted as written testimony. AOC is grateful to our members, partners, and the legislature for passing meaningful legislation and centering counties in the policy development process and policy implementation. View a comparison of AOC adopted principles with the final bill outcomes here.
HB 5204 allocates more than $110 million to counties and county-related programs for infrastructure projects, standing up deflection programs, supporting specialty courts, funding community corrections, and more. HB 4002 creates a new PCS-U misdemeanor for possession of a controlled substance, and offers pathways to expungement, dismissal, or no charges filed. Deflection programs will be created and coordinated at the county level, with public safety and behavioral health partners working together. Access a visual flowchart of how deflection works here. Twenty-three counties have indicated interest in setting up a deflection program. AOC will continue to keep our members informed on the progress of HB 5204 funding and HB 4002 deflection program implementation through regular meetings and email communications.
Contributed by: Legislative Affairs Manager Jen Lewis-Goff
Mar 27, 2024 | AOC Advocacy, AOC News, Natural Resources
In November 2017, the Oregon Board of Forestry (BOF) directed staff to evaluate whether the pursuit of a Habitat Conservation Plan (HCP) in conjunction with the issuance of incidental take permits made sense from a ‘business perspective.’ Specifically, BOF staff sought to determine whether the HCP could meet their twin goals of ensuring financial security for those that obtain revenues through harvest and providing adequate habitat for the 15 species targeted for mitigation by the department. The BOF voted to continue the HCP development process upon receiving the Business Case Analysis in 2018. As a first step, the Oregon Department of Forestry (ODF) prepared a Comparative Analysis between three different management plans: the current forest management plan, a draft revised forest management plan, and the proposed HCP. Upon reviewing the report, the BOF convened and directed staff to continue the process and requested a National Environmental Policy Act (NEPA) analysis from the federal services. The NEPA analysis was released in March of 2022.
During every stage of the HCP development, the Forest Trust Land Advisory Committee (FTLAC) received information regarding the proposed modeled average annual harvest volumes generated from the lands deeded to the state in trust for long term management and Greatest Permanent Value. Over the past seven years, trust land county commissioners became more and more concerned with the continued reduction in proposed harvest (see habitat conservation area maps). Timber harvest not only generates general operating revenues for county governments, special districts, and schools, but the industry provides family wage jobs in their communities.
Trust land counties have a 10-year average of 249 million board feet (MMBF). The harvest projections under the proposed HCP decreased from 250 MMBF to 225 MMBF. The projections dropped again to 165-180 MMBF in the Implementation Plans and most recently the December 2023 modeling projections are 161-182.5 MMBF.
Pursuant to ORS 526.156, FTLAC is allocated time on every BOF Agenda to testify on the management of their deeded trust lands. While the FTLAC chair and vice chair have always testified, in March and before the final HCP vote was to occur, all five FTLAC commissioners testified. Many counties also submitted written letters in opposition of the current plan as drafted.
Coos County Commissioner and FTLAC Chair John Sweet, discussed the disappointment counties had in not being included in putting the plan together and how the plan could have been supported by all parties impacted if changes were made. Clatsop County Commissioner Courtney Bangs discussed the fiscal impacts counties will feel as well as the impacts not harvesting will have in management practices and wildfire potential. Columbia County Commissioner Margaret Magruder discussed the financial impact the proposed HCP would have on schools, the state’s overall budget, and the operating revenues at the Department of Forestry. Linn County Commissioner Will Tucker discussed the economics locally of the plan as drafted; and Tillamook County Commissioner and FTLAC Vice Chair Erin Skaar highlighted the challenges counties will face seeking funding from the Legislature and how the BOF and ODF should view counties as partners.
The Board of Forestry ended up voting to move the HCP forward on a vote 4-3.
Contributed by: Legislative Affairs Manager Branden Pursinger
Mar 26, 2024 | AOC Advocacy, AOC News, Transportation
Until the passage of Senate Bill 1566 during the 2024 short session, Oregon law prohibited counties from charging fees for permits issued to water, gas, electric, and communications utilities for construction, repair, or maintenance work in the county right of way.
The statutory preemption on permit fees meant that precious State Highway Fund dollars intended for county road improvements and maintenance were instead subsidizing public and private utility operations. The Association of Oregon Counties (AOC) and the Oregon Association of County Engineers and Surveyors (OACES) have prioritized the lifting of this preemption through legislative action for several legislative sessions.
The concept was introduced as SB 635 in the 2023 session, and AOC participated in a months-long work group with utilities that was ultimately fruitless. Before the end of the 2023 session, AOC successfully advocated for an interim committee work group sanctioned by the Joint Committee on Transportation. That workgroup was led by committee co-chair Sen. Chris Gorsek and committee member Sen. Lynn Findley. Five county representatives participated in several meetings around the state during the interim and negotiated the language that became SB 1566, which was introduced as one of the Joint Committee on Transportation’s three short session bills. AOC and counties are grateful to staff and commissioners from Multnomah, Polk, Union, Jefferson, and Lincoln counties and the leadership and dedication from Sens. Gorsek and Findley, without whom SB 1566 would not have passed.
SB 1566 removes the preemption in ORS 758.010 and allows counties to charge cost-recovery fees for permits issued to the utilities that could previously operate in the county right of way free of charge. The language includes negotiated permit fee exemptions for vegetation management, routine maintenance, and emergencies. Completed fee-eligible permits must be approved or denied by the county within 15 days. SB 1566 sunsets in 2031, so the legislature will have to review and renew the authority it provides to counties in a future session.
SB 1566 is permissive — if a county wishes to pursue the fee structure the bill authorizes, it must pass an ordinance. SB 1566 contains language that allows a county to begin ordinance development immediately, and includes an emergency clause so it will be in effect upon the governor’s signature. AOC and OACES will create opportunities to collaborate on ordinance development and track the efficacy of this new authority over the next five years.
Contributed by: Legislative Affairs Director Mallorie Roberts
Mar 26, 2024 | AOC Advocacy, AOC News, Governance, Revenue, & Economic Development
Following House Bill 3414’s failure during the 2023 session, the prospect of the Association of Oregon Counties (AOC)’s community development policy priority — creating a fast-track process for limited urban growth boundary (UGB) expansions that significantly increase affordable and workforce housing in all communities experiencing shortages of buildable land — looked grim. However, immediately following the 2023 session, Governor Kotek and her policy advisors convened a small group of individuals, including AOC staff, to conduct a series of work sessions. Their aim was to revisit the policy items in HB 3414 and craft a bill to address Oregon’s housing supply crisis that could pass in the 2024 session.
After numerous meetings with the governor’s office, AOC staff and county planning department directors provided input and technical assistance on proposed legislation to ensure cities and counties would be able to implement the legislation if enacted. In consideration of the pending legislative concept, the AOC Transportation and Community Development Steering Committee recommended that AOC readopt our 2023 UGB-related priority as a top priority for the 2024 session.
Senate Bill 1537, the Emergency Housing Stabilization and Production Package introduced by Gov. Kotek, was amended many times before eventually becoming law, with AOC actively involved at every stage of the process.
SB 1537 directly addresses AOC’s fast-tracked UGB expansion priority, establishing a one-time UGB expansion tool for cities that need both land supply and affordable housing. The bill requires 30% of all homes to be built as “affordable housing” and ensures the expansion aligns with the preferences and understanding of Oregonians – with a diverse array of housing choices, a mix of densities and services the residents will need, and the necessary infrastructure for long lasting, successful communities. SB 1537 requires the land to not be zoned high-value farm or forest outside of urban reserves already designated and caps the expansion at a specific number of acres based on population (100 net residential acres for cities with a population over 25,000 and a maximum of 50 net residential acres in cities with a population under 25,000; Metro is capped at 300 total net residential acres).
Cities are currently looking over the requirements that must be met to qualify for this fast-track process. With counties serving as a strong partner in this process, planning departments stand ready to work with our local government partners to begin this process when they are ready.
AOC looks forward to working with the Department of Land Conservation and Development, the governor’s office, and stakeholders throughout the state on the next area needed to address the housing supply issues Oregon continues to face.
Contributed by: Legislative Affairs Manager Branden Pursinger
