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2020-69-Minutes for Meeting February 04,2020 Recorded 2/24/2020vTES �- BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541 ) 388-6571 7:30 AM Recorded in Deschutes County CJ2020-69 Nancy Blankenship, County Clerk Commissioners' ,journal 02/24/2020 11:02:52 AM Co 69 111111111111111111111111 2020- FOR RECORDING STAMP ONLY ALLEN ROOM A conference call was held on Tuesday, February 4, 2020 at 7:30 a.m. in the Deschutes County Allen Room as a part of a weekly scheduled event during this 2020 Legislative Session. Present in addition to county staff were Phil Scheuers (via phone). Chair Commissioner Adair called the meeting to order. No identified representatives of the media were in attendance. 1. Introductions Deschutes County x Commissioner Patti Adair, Chair x Administrator Tom Anderson x Commissioner Anthony DeBone x Deputy Admin. Erik Kropp x Commissioner Phil Henderson x Legal Counsel David Doyle x Communications Dir Whitney Hale x Asst. Legal Counsel Amy Heverly x Admin Analyst Laura Skundrick x Public Health Prgm Mgr Tom Kuhn x Health Services Dir. George Conway x CDD Director Nick Lelack x Road Dir. Chris Doty x CFO Greg Munn x Internal Auditor David Givans x Facilities Director Lee Randall x Human Resources Dir. Kathleen Hinman x Solid Waste Director Timm Schimke x County Forester Ed Keith Central Oregon Legislation (via phone) Representative Daniel Bonham x Representative Cheri Helt Representative Vikki Breese Iverson x Representative Jack Zika x Senator Dennis Linthicum Senator Tim Knopp Senator Lynn Findley 2020 DESCHUTES COUNTY LEGISLATIVE UPDATE FEBRUARY 4, 2020 PAGE 1 OF 6 Legislator Priorities - Senator Linthicum noted several priority bills that would affect Klamath County include classifying OIT as Oregon's polytechnic university; working to oppose or revise the Cap & Trade bill; then supporting prescription drug transparency and lower pricing. Representative Helt provided her bills of interest, first is HB 4039, to add funds to the homeless unaccompanied youth program that already exist, since Oregon is currently only spending $1.14 in services per day for youth; another is the flavor ban related to vaping, since devices are already changing since the ban, this is on just flavoring; she would love to have Health Services cessation staff testify this Thursday at 1 pm. There are two vape bills, amendments will be in SB 1577. She is also waiting for a hearing on the prescription drug bill, is disappointed one hasn't been scheduled. Representative Zika's bills of interest include HB 4095 which is similar to the pilot project for Bend and Redmond allowing land for affordable housing, taking it statewide, allowing cities to reuse the program. There is opposition from Metro and no hearing scheduled yet. Also working 4096, a childcare bill which could provide tax credits and help with permit fees. A hearing is scheduled for Wednesday at Sam. BOCC Review of Department Recommendations for Priority Bills Phil Scheuers provided input for bills recommended as priority bills: - HB 4065: Unsure whether this bill will change drastically, public testimony will determine whether there is an amendment. - HB 4143: There will most likely be amendments coming forward, but he needs to learn more. If this bill stops moving, Mr. Scheuers confirmed he will continue to look for it in a reconciliation bill. - SB 1536: Ms. Hale noted that Ed Keith deferred his recommended position to the Board, and Health and Nick Lelack have all been involved on this one. The system BillTracker will only allow one selection for priority and position, and Health's position of support is what shows today. Mr. Scheuers explained that there is not full funding for this bill. There is not debate on the merit of the bill but there will be discussion in Ways and Means around funding. Commissioner DeBone inquired about the $200 million ask, and Mr. Scheuers replied he's heard amounts greater than that. Commissioner Henderson noted there are no legislators from east of the mountains on that committee. Mr. Scheuers agreed and stated if something needs to be submitted in writing that would be good. The Commissioners agreed to have position show neutral at this time. - HB 4005: Mr. Scheuers stated this hearing will be highly attended Friday, and this bill is likely moving forward in one way or another. Commissioner Henderson asked about strict liability provision and Mr. Scheuers confirmed it is currently included, that part might be amended. Commissioners agreed to keep priority 2 opposition. 2020 DESCHUTES COUNTY LEGISLATIVE UPDATE FEBRUARY 4, 2020 PAGE 2 OF 6 HB 4007: Mr. Kropp outlined the potential impacts to the County, and the Board agreed on a position of opposition. - HB 4009: Mr. Scheuers stated the public hearings will determine amendments, but there is not currently an appetite for industry -wide exemptions, so there will likely be some technical fixes. Commissioners agree to keep as not reviewed. HB 4011: Mr. Scheuers stated this bill directs LRO to produce a report and bring it to legislature. Commissioners agree this does not need to be followed by Deschutes County. HB 4045: Mr. Scheuers stated this is a prevailing wage bill that will not move. Commissioners agree this does not need to be followed. HB 4051: Commissioner Henderson stated AOC is tracking various issues around hemp, and Mr. Scheuers replied it will be interesting to see language in the final bill and how much authority the commission will be afforded. Nick Lelack stated there are three or four large comprehensive regulatory hemp bills and AOC is tracking very closely on these, we are coordinating almost daily. Commissioner DeBone inquired about the need for a separate commission, whether it's being considered agriculture, a controlled substance or something else. Commissioner Henderson replied he's heard discussion around it being governed by OLCC so there is a tracking system. Commissioner DeBone and Commissioner Henderson agree to move position to opposition, Chair Adair abstains. HB 4056: Commissioner DeBone suggested this legalizes a transfer that the involved community colleges are working on together. The Commissioners agree this does not need to be followed. - HB 4066: Mr. Scheuers stated there is a lot of contention around this bill and he will work with his coworker to get more detail about the concerns. Commissioner DeBone stated it's not clear what "recover costs" means. Mr. Scheuers replied they will learn more from the public hearings, which are invite only. HB 4070: Mr. Lelack stated the hearing is occurring right now, Todd Cleveland is watching. Commissioner Henderson confirmed staff will learn more after that hearing. HB 4072: Commissioner DeBone and Commissioner Henderson agree to move the position to opposition, and Chair Adair abstains. - HB 4078: Commissioners agree to keep as a priority 2 support. - HB 4085: Mr. Scheuers has not gotten more information, but there is possibly a technical reason for this bill we're unaware of. Commissioners agree to change position to neutral. Dr. Conway will try to find out more information as well. HB 4095: Commissioners agree on the recommended priority and position of priority 2 support. 2020 DESCHUTES COUNTY LEGISLATIVE UPDATE FEBRUARY 4, 2020 PAGE 3 OF 6 - HB 4132: Mr. Scheuers stated this is a data collection bill. Mr. Kuhn stated that Health Services supports this because it is some of the only data the department receives, and some schools have opted -out in the past which doesn't help to provide an accurate snapshot. Dr. Conway confirmed this bill is important to both Public and Behavioral Health, and both are very supportive of this. HB 4145: Commissioners agree on the recommended priority and position of priority 2 support. Chair Adair excused herself to attend a previously scheduled appointment. Vice -Chair DeBone continued with the list of bills. - HB 4154: Mr. Scheuers stated he is pretty confident this is not moving forward. Vice Chair DeBone and Commissioner Henderson agree to leave as not reviewed. - HB 4158: Vice Chair DeBone and Commissioner Henderson agree to leave this as is. Hearing scheduled for tomorrow. HB 4159: Mr. Scheuers suggested this bill is a placeholder bill. SB 1504: Mr. Scheuers suggested this placeholder appropriation bill for cap and trade, which they will continue tracking. Commissioner Henderson inquired about the cost and Mr. Scheuers stated the current version shows $0.72 gas tax, but that is not the final version of the bill. Commissioner Henderson suggested creating impact estimates for various departments, and be prepared to testify. Mr. Scheuers suggested providing estimates at $0.50, $0.75, and $1.00. Vice Chair DeBone and Commissioner Henderson agree and suggest including personal vehicle mileage reimbursements as well, and listing a position of opposition for these bills at this time. SB 1509: Commissioners agree on the recommended priority and position of priority 2 support. SB 1530: Commissioner Henderson requested to show in the notes what all this affects rather than just tag line. Mr. Scheuers replied the report can include the full summary. Commissioner Henderson noted a provision if a city or county uses more than 11 million gallons then it will kick in and is treated differently. Assume we would be included in that but would be nice to know. Hearings scheduled for today, Thursday and Saturday. SB 1538: Mr. Scheuers does not see this bill moving forward. Mr. Kropp provided clarification on current rules. Dr. Conway stated Health Services would appreciate more authority on firearms at the Health facilities due to the fact they have dealt with some violent issues with their various clients with possible behavioral issues. Vice Chair DeBone suggested a neutral position for now. - SB 1552: Mr. Scheuers stated this is another for data collection, and Dr. Conway replied this is important for Health Services, would be one of the mechanisms for additional funding. Commissioner Henderson suggested moving to a priority 1 support, and having someone 2020 DESCHUTES COUNTY LEGISLATIVE UPDATE FEBRUARY 4, 2020 PAGE 4 OF 6 testify, and Vice Chair DeBone agrees. Dr. Conway stated that would be appreciated, AOC is already testifying but he will work with Janice Garceau if she's available to go. Mr. Scheuers suggested giving him the name to testify and he can sign up on the sign -in sheet, and if you came from 100+ miles away, those are typically given priority. Commissioner Henderson noted there is no member from our area on that committee so some Deschutes County background would be good. SB 1559: Mr. Scheuers stated this bill is not moving. - Mr. Scheuers added that as bills die, they will automatically fall off the BillTracker list. SB 1561: Commissioners agree to keep at a priority 2, no position at this time. - SB 1574: Mr. Scheuers stated this is another placeholder. Commissioners agree on priority 2 oppose. SB 1577: Mr. Kuhn stated there will be an amendment for licensure statewide, and Representative Helt requested a letter of support. He provided the draft letter to the Board for review. Commissioners agreed to keep at priority 2 support. HENDERSON: Move approval of draft letter of support for SB 1577. DEBONE: Second VOTE: ADAIR: Absent HENDERSON: Yes DEBONE: Vice -Chair votes yes. Motion Carried SJM 202: Commissioners agree on the recommended priority and position. SJR 202: Ms. Hale inquired whether the Board would like to track this bill regarding the proposal to eliminate even -numbered legislative sessions. Commissioners agree this can drop from the list. - SB 1541: Ms. Hale asked for input, Commissioners agreed on priority 2 not reviewed at this time. Vice -Chair DeBone excused himself for a previously scheduled meeting. Commissioner Henderson asked about ADU bills, and Mr. Lelack replied there is not one yet but potentially several placeholders. Commissioner Henderson asked to confirm those are being tracked and stated he is interested in testifying if it gets to a hearing. Commissioner Henderson stated the natural resources bill would likely impact Deschutes County most broadly, with many unfunded mandates. He asked for Mr. Keith's input, who replied that the section regarding building codes will be removed in an upcoming revision. He stated this bill contains provisions on land use, defensible space, baseline protections for all County lands, and setting up treatment for 300,000 acres annually. There are still many unknowns about specifics so it 2020 DESCHUTES COUNTY LEGISLATIVE UPDATE FEBRUARY 4, 2020 PAGE 5 OF 6 is difficult to tell the implications. Mr. Lelack agreed there are many unknowns still. Commissioner Henderson stated a public hearing is scheduled for tomorrow at 1:00p.m. and there are numerous items itmight bebeneficial totestify about. Dr. Conway, Mr. Le|ackand Mr. Keith confirmed they can provide information if the Board would like them to submit written or provide verbal testimony. Mr. Anderson stated the central piece to the bill is unfunded mandates, whatever they decide to do there should be funding along with it. Mr. Keith added that the Governor testified that she will take Oregon's investment in this program and ask for a proportionate investment of Federal dollars. Ms. Hale confirmed that the discussed changes will be made to the bill list and reports will be run at Adjourn: The meeting was adjourned at 9:36am. Next Meeting: The next call is scheduled for Tuesday, February 11, 2020 at 7:30 a.m. DATED this I I Day of UXA.4-�,-2MO for the Deschutes County Board of 2020 DESCHUTES COUNTY LEGISLATIVE UPDATE FEBRUARY 4, 2020 PAGE 6 OF 6 Location: 1300 Nei Wall Street, Bend Oregon 2nd Floor, Allen Room 7:30 a.m. Introductions - Patti Adair, Chair 7:30 - 8:00 a.m. Legislator priorities 8:00 - 9:30 a.m. BOCC review of department recommendations for priority bills Next Meeting: Tuesday, February 11 at 7:30am PAC/WEST Custom Report Report Date: January 31, 2020 Deschutes County Bill Name Priority Position Upcoming Hearings Current Committee SB 1536 1 Neutral 1:OOPM 02/03/2020 Wildfire Reduction and Recovery (S) Senate Committee Wildfire Reduction and Recovery Informational Meeting HR B 1:OOPM 02/05/2020 Senate Committee Wildfire Reduction and Recovery Public Hearing HR B Requires electric company to operate in compliance with risk -based wildfire protection plan acknowledged by Public Utility Commission. 1/29/2020 - Ed Keith (Natural Resources) - Defer to Board of Commissioners on position but this bill should be treated as a top priority regardless of position. This bill has multiple provision areas that include requirements for utilities, land use, insurance, requirements for defensible space, including mandating inspection and reporting to local governments, building codes, health effects of wildfire smoke, creation of a fuels treatment program, mandating that Counties are responsible for ensuring all lands within a County have fire protection among others. Many of the bill provisions have mandates for Counties, with a possibility of associated funding. It will be important to watch this bill as it moves through committees, is possibly amended, and how much funding the legislature provides to each provision if it passes. Bill Name Priority Position Upcoming Hearings Current Committee HB 4005 2 Not Reviewed 1:OOPM 02/07/2020 Judiciary (H) House Committee Judiciary Public Hearing HR E Requires owner or possessor of firearm to secure firearm with trigger or cable lock, in locked container or in gun room except in specified circumstances. HB 4007 2 Oppose Business and Labor (H) Provides that individual otherwise eligible for unemployment insurance benefits is not disqualified for any week that individual's unemployment is due to labor dispute in active progress at individual's place of employment. 1/30/2020 - Erik Kropp (Admin) - This bill would provide unemployment insurance to individuals who are not working due to a labor strike. It could increase the number of strikes and disrupt services. HB 4009 2 Not Reviewed 8:OOAM 02/05/2020 Revenue (H) House Committee Revenue Public Hearing HR A Modifies administrative provisions of corporate activity tax. HB 4011 2 Not Reviewed Revenue (H) Directs Legislative Revenue Officer to report to Legislative Assembly on options for tax reform including recommendations for legislation intended to reform current tax system. HB 4019 2 Not Reviewed Revenue (H) Directs Legislative Revenue Officer to report to Legislative Assembly on options for revenue reform and make recommendations for legislation intended to reform current tax system. 113112020 - Page: 1 "Bill list includes department recommendations and comments. These recommendations have not been reviewed, accepted, or endorsed by the Board of Commissioners at this time. Bill Name Priority Custom Report Report Date: January 31, 2020 Deschutes County Position Upcoming Hearings Current Committee HB 4045 2 Oppose Business and Labor (H) Includes within definition of "public works" project for constructing, reconstructing or performing major renovation of privately owned road, highway, building, structure or improvement that is located in certain economic development zones or for which qualified business firm received or will receive exemption from ad valorem property taxation and has total project cost estimated as equaling or exceeding $25 million. 1/29/2020 - Lee Randall (Facilities) - As I understand it, this bill would expand prevailing wage law which could have unintended consequences and increase costs in an already difficult construction market. HB 4051 2 Not Reviewed 1:OOPM 02/05/2020 Agriculture and Land Use (H) House Committee Agriculture and Land Use Public Hearing HR D Establishes Oregon Hemp Commission. 1/29/2020 - Nick Lelack (Community Development) - Board policy decision on importance of creating a Hemp Commission. Check with AOC on a position and related details. HB 4056 2 Not Reviewed 1:OOPM 02/05/2020 Education (H) House Committee Education Public Hearing HR F Approves Proposed and Final Order of Higher Education Coordinating Commission dated December 12, 2019, transferring northernmost portion of Lake County from Central Oregon Community College Service District to Klamath Community College Service District. HB 4072 2 Not Reviewed 1:OOPM 02/05/2020 Agriculture and Land Use (H) House Committee Agriculture and Land Use Public Hearing HR D Directs State Department of Agriculture to administer Oregon Hemp State Program for studying growth, cultivation and marketing of hemp. 1/29/2020 - Nick Lelack (Community Development) - Watch this hemp bill as it may combine with HB 4158 to regulate hemp. HB 4085 2 Oppose unless 3:OOPM 02/06/2020 Veterans and Emergency Preparedness amended House Committee (H) Veterans and Emergency Preparedness Public Hearing H-170 Decreases biennial appropriation from General Fund to Department of Veterans' Affairs. 1/29/2020 - Keith MacNamara (Veterans Office) - Without there being definitive numbers of the decrease and how this will affect the distribution of funding to the counties I would not support this bill. I fully support long term care ombudsman and the services that would be provided but without knowing the definitive impact on County veterans services offices I cannot support the bill. HB 4095 2 Support Human Services and Housing (H) Authorizes Department of Land Conservation and Development to approve local governments' plans for urban growth boundary expansion areas that will accommodate affordable housing. 1/29/2020 - Nick Lelack (Community Development) - Reps Zika & Helt bill to support UGB amendments for affordable housing. 113112020 - Page: 2 *Bill list includes department recommendations and comments. These recommendations have not been reviewed, accepted, or endorsed by the Board of Commissioners at this time. Bill Name Priority Custom Report Report Date: January 31, 2020 Deschutes County Position Upcoming Hearings Current Committee HB 4145 2 Support Judiciary (H) Creates crime of unlawfully threatening a school or place of worship. 1/29/2020 - John Hummel (DA's Office) - Senator Knopp has worked with DA Hummel for a few sessions on the topic of threats to schools. Rep. Helt has also worked on this issue. HB 4154 2 Not Reviewed Revenue(H) Exempts receipts from sales of agricultural, floricultural, horticultural, viticultural or food products from commercial activity subject to corporate activity tax. HB 4158 2 Not Reviewed 1:OOPM 02/05/2020 Agriculture and Land Use (H) House Committee Agriculture and Land Use Public Hearing HR D Directs State Department of Agriculture to develop Oregon Hemp Plan for establishment of Oregon Hemp Program for commercial production and sale of hemp. 1/29/2020 - Nick Lelack (Community Development) - Comprehensive regulatory program for hemp. The Board may want to elevate this to a 2. HB 4159 Not Reviewed Modifies statewide greenhouse gas emissions reduction_ goals Energy and Environment (H) SB 1504 2 Not Reviewed Finance and Revenue (S) Directs Department of Environmental Quality to study potential uses of government revenue from program for placing price on greenhouse gas emissions. SB 1509 2 Support Rules (S) Explicitly authorizes county clerk and personnel employed by county clerk to remove contents from return identification and secrecy envelopes of ballots delivered to county clerk. 1/29/2020 - Nancy Blankenship (Clerk's Office) - This is the Oregon Association of County Clerk's bill. SB 1530 2 Not Reviewed 3:OOPM 02/04/2020 Environment and Natural Resources (S) Senate Committee Environment and Natural Resources Public Hearing HR C 3:OOPM 02/06/2020 Senate Committee Environment and Natural Resources Public Hearing HR C 10:OOAM 02/08/2020 Senate Committee Environment and Natural Resources Public Hearing HR C Modifies statewide greenhouse gas emissions reduction goals. 113112020 - Page: 3 *Bill list includes department recommendations and comments. These recommendations have not been reviewed, accepted, or endorsed by the Board of Commissioners at this time. Bill Name Priority Custom Report Report Date: January 31, 2020 Deschutes County Position Upcoming Hearings Current Committee SB 1538 2 Not Reviewed Judiciary (S) Authorizes city, county, metropolitan service district, school district, college or university to adopt ordinance or policy limiting or precluding affirmative defense for possession of firearms in public buildings by concealed handgun licensees. SB 1552 2 Support 1:00PM 02/03/2020 Mental Health (S) Senate Committee Mental Health Informational Meeting HR A 1:OOPM 02/05/2020 Senate Committee Mental Health Public Hearing and Possible Work Session HR A Directs Oregon Health Authority to evaluate specified issues related to certified community behavioral health clinics and report findings and analysis to interim committees of Legislative Assembly by December 1, 2020. 1/29/2020 - Janice Garceau (Health Services) - This bill will help maintain focus on support for Behavioral Health Clinics. SB 1559 2 Support Prohibits distributing, selling or allowing to be sold flavored inhalant delivery system products. 1/29/2020 - Tom Kuhn (Health Services) - Prohibits distributing, selling or allowing to be sold flavored inhalant delivery system products. Requesting permission to provide letters of support, and written and oral testimony. SB 1561 2 Not Reviewed Judiciary (S) Directs State Department of Agriculture to develop Oregon Hemp Plan for establishment of Oregon Hemp Program for commercial production and sale of hemp. SB 1574 2 Not Reviewed Environment and Natural Resources (S) Modifies statewide greenhouse gas emissions reduction goals. SB 1577 2 Support 1:OOPM 02/06/2020 Health Care (S) Senate Committee Health Care Public Hearing and Possible Work Session HR A Prohibits distributing, selling or allowing to be sold flavored inhalant delivery system products. 1/29/2020 - Tom Kuhn (Health Services) - Prohibits distributing, selling or allowing to be sold flavored inhalant delivery system products. Recommending supporting through letters of support to legislators, and written and oral testimony. SJM 202 2 Support Rules (S) Urges Congress to enact legislation that addresses medical care and disability compensation for veterans exposed to burn pits while serving overseas. 1/29/2020 - Keith MacNamara (Veterans Office) - Highly support this bill as it pertain to hundreds of local veterans and I have seen the results of such exposures. 113112020 - Page: 4 *Bill list includes department recommendations and comments. These recommendations have not been reviewed, accepted, or endorsed by the Board of Commissioners at this time.