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2021-105-Minutes for Meeting February 26,2021 Recorded 3/19/2021Recorded in Deschutes County CJ2021-105 Nancy Blankenship, County Clerk 03/19/2021 3:52:30 PM Commissioners' Journal BOARD OF q COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541 ) 388-6571 2i021-105uumimuimiiiuu C 3 r 1 8:00 AM FRIDAY, FEBRUARY 26, 2021 ZOOM CONFERENCE CALL A conference call was held on Friday, February 26, 2021 at 8:00 a.m. via Zoom Conference call for a weekly scheduled event during this 2021 Legislative Session. Chair Commissioner DeBone called the meeting to order. No identified representatives of the media were in attendance. Deschutes County x Commissioner Patti Adair x Administrator Tom Anderson x Commissioner Anthony DeBone, Chair x Deputy Admin. Erik Kropp x Commissioner Phil Chang x Legal Counsel David Doyle x Communications Dir Whitney Hale x Public Health Director Nahad Sadr- Azodi x BOCC Admin Assistant Samantha Pepper x Public Health Prgm Mgr Tom Kuhn x Veterans' Services Keith MacNamara x CDD Director Nick Lelack Road Dir. Chris Doty x County Treasurer, 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 x 911 Director Sara Crosswhite x County Property Mana. Kristie Bollinger County Assessor Scot Langton x Behavioral Health Janice Garceau County Clerk Nancy Blankenship x CDD Mana. Analyst Sherri Pinner Community Justice Dir Ken Hales Others x Oliver Muggli- Rep Jason Kropf Chief of Staff x Representative Jason Kropf Representative Zack Zika x PacWest Phil Scheuers 2021 DESCHUTES COUNTY LEGISLATIVE UPDATE FEBRUARY 26, 2021 PAGE 1 OF 3 Introductions PacWest Update Phil Scheuers updates that the State's revenue funding came out $800 million dollars more than the last forecast which has triggered a kicker. Commissioner DeBone asked if this funding is for this next biennium. Mr. Scheuers notes that lottery funds significantly decreased. Commissioner Chang asked if there was any indication of additional walkouts during this session. Legislator Updates Representative Jason Kropf updates the group on HB 2004 and HB 2006. He is preparing for HB 2133 next week. Discussion of Priority Bills HB 3123- Public Hearing on March 1st SB 587- Public Hearing on March 1 st. Commissioner Adair mentions that 17 4;c4.7.,__ 4- i.-. i-k^ ct-,tn chr� n l-ir�c t� tocti{�i (nmmiccinnor�c ci innnrt jur IsUIIIVI I.-'JUPPUI l III 11 M: >LCILC. JI is Niai iwD w Lc.)Liiy. L moving this bill to a priority 2 in support. SB 295- Public Hearing March 4tn HB 2133- Public Hearing March 4tn Forester County Forester Ed Keith speaks to SB 590 and the formation of rangeland protection associations. He suggest priority 2 support. Commissioners agree to support this bill. Administration Erik Kropp mentions the OSHA rulemaking to make the current COVID19 resolutions into a permanent rule. The temporary rule can no longer be extended. Staff will prepare a position letter to bring before the board at a work session meeting in the future. Whitney Hale asks Commissioners if they would like to move next week's meeting because there is a Natural Resources AOC meeting at the same time. Several 2021 DESCHUTES COUNTY LEGISLATIVE UPDATE FEBRUARY 26, 2021 PAGE 2 OF 3 county employees would like to attend. The group agrees to move the next legislative meeting to 10:00am on March 5. Adjourn: The meeting was adjourned at 9:03 am. Next Meeting: The next call is scheduled for Friday, March 5, 2021 at 10:00 a.m. DATED this 1 Day of 2021 for the Deschutes County Board of Commissioners. ATTEST: lip Axff 4 CHAIRANTHONY DEBONE, PHIL CHANG, VICE CHAIR P TTI ADAIR,C i i 2021 DESCHUTES COUNTY LEGISLATIVE UPDATE FEBRUARY 26, 2021 PACE 3 OF 3 This meeting will be held virtually. To join the meeting, vent https://us02web.zoom.us/j/83959268754?pwd=N X16Rk1 Hem JoeWptdU9KYTRMdnBIUT09 O z 7799 ' 9 5926 8754 Passcode:515910 8 a.m. Introductions - Tony DeBone, Chair 8:05 a.m. Legislator Updates 8:35 a.m. Update from PacWest 8:40 p.m. Discussion of Priority Bills .� 4 m 0 & k & 2 Ln= 2 I c co ��4 Q # a § c d E k r,4 ( » ƒ $ E 7 e = g - a ® o E o 2 m $ Q- $ q / a 0 CL tv CL o -u f w w m ^ E u \ 0- \ : m E 2 \ ® o 2 E 5 _ co = c o o = = CL :3 = u o- a c / / 7 c - c E / 0- boZ / / § g . r \ O § u :3 7� ƒ�vLU LULi W o ± tC G o �/ CL g CL2 a- -0 k 3@ w 0) a) 9 9 f 9 � 0 . C c / 2 = _ Ln � tko f 2 -0 3 9 � 0/ n M - \ k m ca \: �$u u ® o g 5 @ / a ƒ $ ƒ � v U [ 7 / E = e a » k \ $ $ \ / E 5 _ rm / / a / CL $ k c Ln ® 0 .0 2 0 G t > 2 E § � / i E � / u 3 r / 4- § o o ' CL a mw u _0 z u(U u e m 3 f 9 9 M CL Date: February 23, 2021 To: Board of County Commissioners From: Erik Kropp, Deputy County Administrator Re: OSHA's Temporary COVID-19 Work Place Rules On November 6, 2020, OSHA adopted a temporary rule on work place regulations related to COVID-19. The temporary rule expires on May 4, 2021; OSHA is proposing to extend the temporary rule in the form of a "permanent" rule and to also modify the rule. Staff will discuss if there is Board interest to submit comments to OSHA on the proposed rules. The comment periods ends on April 2, 2021. If time allows, I will bring this up at your upcoming Friday legislative call. According to OSHA, the current temporary rule cannot be extended and the only way to continue the regulations is by adoption of a permanent rule. OSHA is proposing that the permanent rule would be repealed once it is no longer necessary. As with the temporary rule, the proposed permanent rule maintains such requirements as physical distancing; use of face coverings; employee notification and training; and formal exposure risk assessment and infection control planning. However, the permanent rule would add measures and strengthen provisions in certain areas. Those proposed changes include: • Requiring employers to consider alternatives to transporting multiple people in a single vehicle, although such transportation would not be prohibited. • Slightly modifying the ventilation measures so that employers with more than 10 employees — and that have existing ventilation systems — must certify in writing that they are running their systems in line with current requirements. The proposed rule does not require the purchase or installation of new ventilation systems. • Requiring employers to provide written notification to employees of their rights to return to work when employees must quarantine. • Requiring employers to cooperate with public health authorities that ask to arrange for vaccination in the workplace. This proposed requirement is similar to the temporary rule's provision mandating cooperation with public health officials if COVID-19 testing in the workplace is necessary. 1300 NW Wall Street Bend, Oregon 97703 �(541)388-6584 @erik.kropp@deschutes.org @www,deschutes.org Requiring health care employers to provide respirators to employees working with known or suspected COVID-19- positive patients unless they demonstrate there is a genuine shortage that they are working to resolve. Attached is a two -page overview of the proposed permanent rule published by OSHA, Please let me know if you would like a hard copy of the proposed rule, Oregon OSHA's Proposal on Rules Addressing the COVID-19 Public Health Emergency in All Oregon Workplaces (the document is 105 pages). 1300 NW Wall Street Bend, Oregon 97703 ON (541)388-6584 �5a erik.kropp@deschutes.org @ www.deschutes.org ij,gon OSHA Department of Consumer & Business Services February 1, 2021 The Proposed "Permanent" COVID-19 Rule Compared to the Temporary Rule On January 29, Oregon OSHA formally proposed a "permanent" COVID-19 rule to replace the temporary rule, which expires May 4, 2021. Based on discussions within both rulemaking advisory committees, the proposed rule is limited to addressing COVID-19 (and will be repealed when it is no longer necessary for that purpose). It is largely based on existing provisions of the temporary rule. This document provides a comparison between the existing temporary rule and the proposed rule on which Oregon OSHA is accepting public comment. 1. The Risk Assessment, Infection Control Plan, and Infection Control Training completed under the temporary rule would not need to be revised or repeated based on the adoption of the new rule. Those provisions of the rule addressing the Risk Assessment, Infection Control Plan, and Infection Control Training and unchanged from the temporary rule, to ensure that employers who have already satisfied those requirements will not need to change them simply because of the transition from the temporary to the permanent rule. 2. Face shields remain an option for source control, although the language discouraging their use unless necessary has been strengthened in the proposed rule. The proposed rule continues to reflect the recognition by Oregon OSHA (and the Oregon Health Authority) that face shields are not ideal but they should remain a compliant option for reasons related to practicality, accommodation needs, and user acceptance. 3. The proposed rule includes language encouraging employers to consider alternatives to transporting multiple persons. The proposed rule will require consideration of alternatives to transporting multiple persons to the extent practical but will not prohibit multiple employees in a single vehicle. It retains the temporary rule's requirement that employees in a vehicle where others are not using source control must be provided with respiratory protection. 4. The ventilation requirements are modified slightly in the proposed rule but are largely unchanged, except for a requirement that employers with more than 10 employees attest that they are running their ventilation system in accordance with the rule. Like the current rule, the proposed rule does not require installation of new ventilation. It does include a requirement to check the system at least quarterly and a requirement that employers with more than 10 employees attest that they are running their ventilation system in accordance with the rule. S. The proposed rule notes that COVID-19 exposure records are covered by the existing record retention requirements Although not a substantive change, the proposed rule provides a note clarifying that reports of exposure under the COVID-19 rule are exposure records covered by the existing rule governing the retention of medical and exposure records, which currently requires retention for 30 years. 6. The proposed rule would require written notification of return rights when employees must quarantine. The proposed rule requires written notification of return rights — the rights themselves are the same as in the current rule, but the written notification is new. The proposed rule would also encourage, but not require, employers to provide details about leave options. 7. The proposed rule addresses vaccination with a requirement similar to the existing requirement related to testing. The proposed rule will include language requiring cooperation with public health authorities who ask to arrange for vaccination in the workplace. it also includes a note indicating that Oregon OSHA and OHA strongly encourage vaccination by anyone who has the option to do so as soon as they have the option to do so. 8. The proposed rule requires certain exceptional risk employers to have a written PPE supply and crisis management plan. The details of the plan are not specified, and many of the affected employers are likely to already have such plans in place. 9. The proposed rule requires health care employers to provide respirators to employees working with known or suspected COVID-19 positive patients unless such respirators are unavailable. By requiring that such respirators be provided unless the employer can demonstrate that there is a genuine shortage and is working to resolve that shortage, the rule is consistent with recommendations from both OHA and the CDC that respirators be used in such situations unless they are unavailable. Priority 1 and 2 Report Report Date: February 25, 2021 Administration Bill Number Position Priority Current Committee Upcoming Hearings HB 2207 Oppose 2 Judiciary (H) Raises limitation on damages for torts of local public bodies to amount of limitation on damages for torts of state. HB 2251 Support 2 Water (H) Appropriates moneys, out of General Fund, to Water Resources Department for purposes of planning water use on regional and local bases, developing system for identifying local and regional water use needs and prioritizing among local and regional water use needs and implementing local and regional water use strategies and plans. HB 2638 Support 2 Judiciary (H) Limits liability for certain claims for damages arising out of acts or omissions taken during COVID-19 emergency period in reasonable compliance with government guidance related to COVID-19. HB 5028 Support 2 Ways and Means (J) Appropriates moneys from General Fund to Department of State Police for certain biennial expenses. 212512021 - Page: 1 Bill Number Position Priority 1 and 2 Report Report Date: February 25, 2021 Assessor's Office Priority Current Committee HB 2247 No Position 2 Wildfire Recovery (House Special Committee On) Upcoming Hearings Authorizes county to adopt ordinance or resolution authorizing county assessor to waive penalties and interest charged for failure to file property tax return or pay taxes when due. HB 2341 Support 1 Revenue (H) 1:OOPM 02/25/2021 House Committee Revenue Public Hearing Remote A Authorizes tax collector in county covered by state of emergency declared by Governor due to fire or act of God, or authority of Governor under Emergency Conflagration Act, who knows or has reason to believe property has been destroyed or damaged by fire or act of God to prorate taxes imposed on property. HB 2385 Support with 2 Revenue (H) amendments Directs Department of Revenue to develop, implement and maintain software system that enables online filing and processing of returns and database of information entered in software system. 212512021 - Page: 2 ES Cp�2 o ti A Priority 1 and 2 Report Report Date: February 25, 2021 Board of Commissioners Bill Number Position Priority Current Committee Upcoming Hearings HB 3177 Not Reviewed 2 Economic Recovery and Prosperity (H) 8:OOAM 02/25/2021 House Committee Economic Recovery and Prosperity Public Hearing Remote C Limits types of restrictions that Governor may impose on certain businesses during state of emergency related to COVID-19 pandemic. SB 741 Support 2 Health Care (S) Repeals sunset on and obsolete reporting requirement for Central Oregon Health Council. 2/25/2021 - Page: 3 1 Es co�� Bill Number Position Priority 1 and 2 Report Report Date: February 25, 2021 Community Development Priority Current Committee Upcoming Hearings HB 2006 Watch 2 Housing (H) Defines "emergency shelter." Requires local governments to allow siting of qualifying emergency shelters by qualifying entities notwithstanding land use laws and regulations. HB 2234 Support Veterans and Emergency Management (H) Requires Director of Department of Consumer and Business Services to prescribe in appropriate specialty codes standards, safeguards and guidelines for incorporating fire prevention and fireproofing or fire resistance measures into construction, repair, renovation, rehabilitation, retrofitting or maintenance of buildings and other structures that are located in areas of this state that are subject to or susceptible to wildfires. HB 2282 Support with 2 Economic Recovery and Prosperity (H) amendments Requires Department of Land Conservation and Development to approve City of Bend's expansion of urban growth boundary, and allows department to approve other land use regulations for city on specified lands, if owner of land possesses development opportunity transferred from Metolius resort site owner and city meets other conditions. HB 2611 Oppose 2 Agriculture and Natural Resources (H) Prevents application of state structural specialty code to agricultural building used primarily for specified activities. HB 2653 Oppose 2 Energy and Environment (H) Directs Environmental Quality Commission to adopt rules authorizing single-family dwelling and accessory dwelling unit constructed on same lot or parcel to be permanently connected to same subsurface sewage disposal system or alternative sewage disposal system. u ,, ;. , lux HB 2705 SUppoll i Housing ki 'l Allows counties to authorize construction of accessory dwelling units on lands zoned for rural residential use. HB 2708 Support 2 Housing (H) Authorizes Department of Land Conservation and Development to approve local governments' plans for urban growth boundary expansion areas to accommodate affordable housing. HB 2778 Support Housing (H) Redefines "historic home" to include dwellings built before 1974 for purpose of serving as accessory dwelling unit to homes newlv constructed on rural residential lands. HB 2794 Neutral 2 Agriculture and Natural Resources (H) Creates Land Use and Wildfire Policy Advisory Committee. SB 385 Support 1 Housing and Development (S) Authorizes county to allow owner of lot or parcel within rural residential zone to construct one accessory dwelling unit on lot or parcel, subiect to certain restrictions. SB 391 Support Housing and Development (S) Authorizes county to allow owner of lot or parcel within rural residential zone to construct one accessory dwelling unit on lot or parcel, subject to certain restrictions. 212512021 - Page: 4 Bill Number Position Priority 1 and 2 Report Report Date: February 25, 2021 Community Justice Priority Current Committee Upcoming Hearings SB 497 Support 2 Judiciary and Ballot Measure 110 Implementation (S) Requires court to indicate in judgment document when person is convicted of designated person misdemeanor involving domestic violence. 2/25/2021 - Page: 5 ��wT E S Cp�2 Q A Priority 1 and 2 Report Report Date: February 25, 2021 District Attorney Bill Number Position Priority Current Committee Upcoming Hearings HB 2133 Oppose unless 2 Judiciary (H) 1:OOPM 03/04/2021 amended House Committee Judiciary Public Hearing Remote F Requires law enforcement agencies to collect fingerprints, palm prints and identifying data for persons arrested for felony or misdemeanor. HB 2146 Support Judiciary (H) Modifies certain provisions of law relating to crime of prostitution to exclude child sex trafficking victims. HB 2169 Support 2 Judiciary (H) Directs Racial Justice Council to study potential changes to criminal justice system and to provide results of study to Legislative Assembly no later than December 31, 2021. HJR 1 Support Judiciary (H) Proposes amendment to Oregon Constitution to allow juries to impose verdicts in criminal cases only by unanimous agreement. SB 214 Support 2 Judiciary and Ballot Measure 110 Implementation (S) Expands definition of "victim," for purposes of restitution ordered as part of criminal sentence, to include person or entity that has expended moneys on behalf of, or provided services to, minor victim. 212512021 - Page: 6 Co o Bill Number Position HB 2173 Oppose Priority 1 and 2 Report Report Date: February 25, 2021 Finance Priority Current Committee Economic Recovery and Prosperity (H) Upcoming Hearings Provides that lottery revenues dedicated to county economic development purposes may be transferred to Oregon Department of Administrative Services to pay for portion of costs of regional solutions coordinators within Regional Solutions Program. HB 2223 Oppose 1 Business and Labor (H) Directs participating public employers in Public Employees Retirement System to make employer contributions to individual account program, or cash payments, of one percent of member's salary during certain periods, depending on funded status of HB 2709 Oppose Business and Labor (H) Provides that public employee may not become member of pension program of Oregon Public Service Retirement Plan on or after January 1, 2022. 212512021 - Page: 7 �\)A ES CO Priority 1 and 2 Report Report Date: February 25, 2021 Health Services: Behavioral Health Bill Number Position Priority Current Committee Upcoming Hearings HB 2508 Support 2 Health Care (H) Requires Oregon Health Authority to ensure reimbursement of health services delivered using telemedicine. HB 3123 Support 1 Behavioral Health (H) 8:OOAM 03/01/2021 House Committee Behavioral Health Public Hearing Remote C 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 September 30, 2023. SB 295 Watch 2 Judiciary and Ballot Measure 110 8:OOAM 03/04/2021 Implementation (S) Senate Committee Judiciary and Ballot Measure 110 Implementation Public Hearing Remote A Defines terms related to fitness to proceed. 212512021 - Page: 8 T Es co�I o A Priority 1 and 2 Report Report Date: February 25, 2021 Health Services: Public Health Bill Number Position Priority Current Committee Upcoming Hearings HB 2071 Watch 2 Health Care (H) Requires that Department of Revenue issue license to qualified retailers of tobacco products and inhalant delivery systems. HB 2148 Support 2 Health Care (H) Prohibits remote sales of inhalant delivery systems. HB 2261 Support 2 Health Care (H) Prohibits remote sales of inhalant delivery systems. HB 5024 Support 2 Ways and Means (J) 1:OOPM 02/25/2021 Joint Subcommittee Human Services Public Hearing Remote 174 1:00PM 03/02/2021 Joint Subcommittee Human Services Public Hearing Remote 174 Appropriates moneys from General Fund to Oregon Health Authority for certain biennial expenses. SB 587 Watch 2 Health Care (S) 1:OOPM 03/01/2021 Senate Committee Health Care Public Hearing Remote B Requires Department of Revenue to issue license to qualified retailers of tobacco products and inhalant delivery systems. 2/25/2021 - Page: 9 Bill Number Position Priority 1 and 2 Report Report Date: February 25, 2021 Human Resources Priority Current Committee Upcoming Hearings HB 2118 Oppose 2 Business and Labor (H) Transfers responsibility for provision of workers' compensation coverage to qualified emergency service volunteer from Office of Emergency Management to public body under whose direction volunteer is acting. HB 2512 Support 2 Business and Labor (H) Makes permanent provisions allowing retired member of Public Employees Retirement System to be reemployed by participating public employer for unlimited number of hours without reduction in pension benefits. HB 2709 Oppose unless 1 Business and Labor (H) amended Provides that public employee may not become member of pension program of Oregon Public Service Retirement Plan on or after January 1, 2022. HB 2943 Oppose unless 2 Judiciary (H) amended Provides that employer may not use evidence that public safety officer has been placed on impeachment list for purpose of other investigations or disciplinary action. SB 113 Under Review 2 Labor and Business (S) Provides that Public Employees Retirement Board may charge participating public employer accrued earnings for late payment of employee and employer contributions to individual account program. SB 446 Neutral 2 Labor and Business (S) Changes calculation of final average salary for purposes of Public Employees Retirement System to use five years of salary instead of three years, for salary paid on and after January 1, 2022. SB 550 Support 2 Labor and Business (S) Requires public body employer to establish and implement process by which employees may request employer to use unique identifier in lieu of employee's name in records contained by employer for purposes of public records requests. 2/25/2021 - Page: 10 L�0A E S COG o�Priority 1 and 2 Report Report Date: February 25, 2021 Natural Resources Bill Number Position Priority Current Committee Upcoming Hearings HB 2572 Support 2 Agriculture and Natural Resources (H) Provides that spread of fire in forestland across ownership boundary does not constitute prima facie evidence of fire burning uncontrolled if owners or operators of forestland on both sides of ownership boundary agree in advance to conduct prescribed fire. HB 2573 Oppose 2 Agriculture and Natural Resources (H) Requires governing body of county that contains at -risk land, as defined, to develop wildfire response plan or solicit proposals for development of wildfire response plan, consider proposals and propose wildfire response plan to State Forestry Department. HB 2722 Watch 2 Agriculture and Natural Resources (H) Creates Land Use and Wildfire Policy Advisory Committee. HB 2794 Watch 2 Agriculture and Natural Resources (H) Creates Land Use and Wildfire Policy Advisory Committee. SB 287 Neutral 2 Natural Resources and Wildfire Recovery (S) Requires that electric companies and consumer -owned utilities have wildfire plans based on best practices. SB 590 Support 2 Natural Resources and Wildfire Recovery (S) Includes land used primarily for cultivating crops within definition of "rangeland" for purposes of organizing rangeland protection association and providing fire protection for rangeland. 212512021 - Page: 11 \�I ES cOG�� o , Priority 1 and 2 Report Report Date: February 25, 2021 Property Management Bill Number Position Priority Current Committee Upcoming Hearings SB 403 Oppose 2 Finance and Revenue (S) Provides for distribution of net proceeds from sale of property upon which county foreclosed lien for delinquent taxes to each lienholder whose interest in property was forfeited, and to any person other than lienholder whose right of redemption with respect to such property terminated, when property was deeded to county. 212512021 - Page: 12 \�-� Es Co�� o A Priority 1 and 2 Report Report Date: February 25, 2021 Road Bill Number Position Priority Current Committee Upcoming Hearings SB 395 Oppose 2 Transportation (J) Increases required expenditure on footpaths and bicycle trails from one percent to five percent of amounts received from State Highway Fund. 212512021 - Page: 13 Priority 1 and 2 Report Report Date: February 25, 2021 Solid Waste Bill Number Position Priority Current Committee Upcoming Hearings HB 2065 Support 2 Energy and Environment (H) Requires producers of covered products to join producer responsibility organization unless exempt. SB 582 Support 2 Energy and Environment (S) 1:00PM 02/25/2021 Senate Committee Energy and Environment Public Hearing Remote B Directs Department of Environmental Quality to study and make recommendations for modernizing Oregon's recycling system and provide results of study in report to interim committees of Legislative Assembly no later than September 15, 2022. 212512021 - Page: 14 �vI E S CC Bill Number Position Priority 1 and 2 Report Report Date: February 25, 2021 Veterans' Services Priority Current Committee Upcoming Hearings HB 3003 Support 2 Revenue (H) Grants higher property tax exemption for property of veterans with service -connected disabilities. HB 5036 Support 2 Ways and Means (J) Appropriates moneys from General Fund to Department of Veterans' Affairs for certain biennial expenses. 212512021 - Page: 15