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2022-260-Minutes for Meeting June 01,2022 Recorded 7/11/2022������ Es roG2� BOARD OF I COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County C J2022.260 Steve Dennison.. County Clerk 07/11 /2022 9:39:52 AM Commissioners' Journal 2022-260 Wow FOR RECORDING STAMP ONLY WEDNESDAY, June 1, 2022 Barnes Sawyer & VIRTUAL MEETING PLATFORM Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Nick Lelack, County Administrator; Dave Doyle, County Legal Counsel; and Sharon Keith, Board Executive Assistant (via Zoom conference call) This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website www.deschutes.org/meetings CALL TO ORDER: Chair Adair called the meeting to order at 9:00 a.m. PLEDGE OF ALLEGIANCE: CITIZEN INPUT: Kathleen Brady, proposed testimony regarding criminal activity against humanity regarding COVID and the continuation of wearing masks. William Kuhn, resident within the Tumalo Winter Deer Range, commented on traffic safety and concerns of vehicles traveling on Sizemore Road. Commissioner Adair acknowledged one email received in opposition of turning BOCC MEETING JUNE 1, 2022 PAGE 1 OF 7 Worrell Park into a parking lot. CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda. DEBONE: Move approval of Consent Agenda, minus Item #1 CHANG: Second Discussion: Commissioner DeBone acknowledged the partnership on space needs at the Courtney building. This item was pulled for discussion. VOTE: DEBONE: Yes CHANG: Yes ADAIR: Chair votes yes. Motion Carried 1. Consideration of Document No. 2022-210 a Lease between Deschutes County and Mosaic Medical 2. Consideration of Purchase Agreement, Document No. 2022-279, and Dedication Deed, Document No. 2022-280, from Gregory and Alisa Sullivan for Right of Way for the Hunnell Road: Loco Road to Tumalo Road Improvement Project 3. Consideration of Purchase Agreement, Document No. 2022-290, and Dedication Deed, Document No. 2022-291, from the Ferns Revocable Trust for Right of Way for the Hunnell Road: Loco Road to Tumalo Road Improvement Project 4. Consideration of Board Signature on Letter of Thanks to Nicole Phelps for service on the Two Rivers Special Road District 5. Consideration of Board Signature on Letter of Thanks to Allen Hammerman for service on the Noxious Weed Advisory Board 6. Consideration of Board Signature on Letter of Appointment to Carol Bauer to the Newberry Estates Special Road District Board ACTION ITEMS: Consent Agenda Item #1 as pulled for discussion: Consideration of Document No. 2022-210 a Lease between Deschutes County and Mosaic Medical BOCC MEETING JUNE 1, 2022 PAGE 2 OF 7 Chris Weiler, Health Services presented the information addressed within the lease agreement. CHANG: Move approval of Document No. 2022-210 DEBONE: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried CONVENE AS THE GOVERNING BODY OF SUNRIVER SERVICE DISTRICT 7. Consideration of Board Signature of Resolution No. 2022-031, a Resolution authorizing the Sunriver Service District to proceed with issuance of full faith and credit obligations not to exceed $7,000,000 to finance a portion of the costs to remodel and expand the Sunriver Public Safety Building, and Order No. 2022-026, Certificate of Governing Body. County Counsel Dave Doyle presented the documents for consideration. DEBONE: Move approval of Resolution No. 2022-031 CHANG: Second VOTE: DEBONE: Yes CHANG: Yes ADAIR: Chair votes yes. Motion Carried CHANG: Move Chair Signature of Order No. 2022-026 DEBONE: Second VOTE: DEBONE: Yes CHANG: Yes ADAIR: Chair votes yes. Motion Carried RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY BOCC MEETING JUNE 1, 2022 PAGE 3 OF 7 ACTION ITEMS Continued: 8. Consideration of Chair Signature of Document No. 2022-089, a Notice of Intent to Award Contract for Engineering Services for the Smith Rock Way Bridge and Gribbling Road Bridge Replacement Projects Chris Doty, Road Department Director, presented via Zoom conference call and reviewed the scope of work for the project. David Evans & Associates has been selected for the contract award. DEBONE: Move approval of Document No. 2022-089 CHANG: Second VOTE: DEBONE: Yes CHANG: Yes ADAIR: Chair votes yes. Motion Carried 9. Consideration of Board Signature of Order No. 2022-029, Authorization of Rate Adjustments for Deschutes Transfer and Approval of Additional Container Services for Republic Services Wilderness Disposal Service Area Chad Centola, Director of Solid Waste Operations presented the item for consideration noting the requested rate change by Republic Services and the additional of two additional service boxes. DEBONE: Move approval of Order No. 2022-029 CHANG: Second VOTE: DEBONE: Yes CHANG: Yes ADAIR: Chair votes yes. Motion Carried Commissioner Adair inquired on the progress of the FireFree program. Mr. Centola reported the intake has been lower than last year. Commissioner Adair reminded the community that the event is still open. Discussion held on options for yard debris collection and disposal. BOCC MEETING JUNE 1, 2022 PAGE 4 OF 7 10.DELI BERTATION: Community Development Department Draft Fiscal Year 2022-2023 Work Plan CDD Director Peter Gutowsky presented the deliberations on the Work Plan and noted no additional public comments have been received. Discussion held on objectives and proposed projects. Senior Planner Tanya Saltzman reported on the marijuana facility inspections. The Board made recommendations to rearrange the priority levels of projects. CHANG: Move approval of the Work Plan amended as discussed DEBONE: Second Discussion: Commissioner DeBone commented on the value and benefit of the work plan for the community. VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 11.Discussion: Measure 109/Psilocybin Senior Planner Tanya Saltzman presented the item for discussion as a result of a ballot measure passed by the voters on November 3, 2020. Ms. Saltzman and Mr. Gutowsky presented information regarding the rulemaking by the Oregon Health Authority. CDD staff have begun conversations with Association of Oregon Counties and legal counsel regarding the industry and expected outcomes of this decision that is imposed to be effective by January 2023. EXECUTIVE SESSION: At the time of 11:02 a.m. the Board went into Executive Session under ORS 192.660 (2) (h) Litigation. The Board came out of Executive Session at 11:50 a.m. At the time of 11:51 a.m. the Board went into Executive Session under ORS 192.660 BOCC MEETING JUNE 1, 2022 PAGE 5 OF 7 (2) (e) Real Property Negotiations. The Board came out of Executive Session at 12:13 p.m. to direct staff to proceed as discussed. RECESS: At the time of 12:14 p.m. the Board went into recess and reconvened the meeting at 1:03 p.m. OTHER ITEMS: • CDD Director Peter Gutowsky presented the results for consideration for the Planning Commission vacancy appointments. Interviews were held with the candidates. Commissioner DeBone recommended appointment for Matt Cyrus. Commissioner Chang recommended appointment for Roger Johnson. Commissioner Adair recommended appointment for Matt Cyrus. DEBONE: Move appointment for Matt Cyrus for the Planning Commission for representation of the Sisters area ADAIR: Second VOTE: DEBONE: Yes CHANG: No ADAIR: Chair votes yes. Motion Carried 12.PUBLIC HEARING: Deschutes County Road Department Nighttime Noise Variance Tarik Rawlings, Associate Planner, presented the public hearing procedures. Hearing no conflicts of interests or challenges presented, Commissioner Adair opened the public hearing. Hearing no testimony, Commissioner Adair closed the public hearing and called for the motion. DEBONE: Move approval of the noise permit CHANG: Second BOCC MEETING JUNE 1, 2022 PAGE 6 OF 7 VOTE: DEBONE CHANG: ADAI R: OTHER ITEMS: Yes Yes Chair votes yes. Motion Carried • Commissioner Chang acknowledged this Friday is national gun violence awareness. • Commissioner Chang noted he will attend a discussion with Senator Merkely this afternoon regarding fuels reduction work for the Deschutes National Forest. • Commissioner DeBone will attend the COIC board meeting this Thursday. • Commissioner Adair attended a community meeting regarding the Terrebonne water district. aLe . i Being no further business brought before the Commissioners, the meeting was adjourned at 1:31 p.m. DATED this Day of 2022 for the Deschutes County Board of Commissioners. ANTHONY DEBONE, VICE CHAIR RECORDING SECRETARY BOCC MEETING JUNE 1, 2022 PAGE 7 OF 7 IES CO C. G �< ` BOARD OF COMMISSIONERS BOARD OF COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, JUNE 01, 2022 Barnes Sawyer Rooms - Deschutes Services Bldg - 1300 NW Wall St - Bend (541) 388-6570 1 www.deschutes.org AGENDA MEETING FORMAT: The Oregon legislature passed House Bill (HB) 2560, which requires that public meetings be accessible remotely, effective on January 1, 2022, with the exception of executive sessions. Public bodies must provide the public an opportunity to access and attend public meetings by phone, video, or other virtual means. Additionally, when in -person testimony, either oral or written is allowed at the meeting, then testimony must also be allowed electronically via, phone, video, email, or other electronic/virtual means. Attendance/Participation options are described above. Members of the public may still view the BOCC meetings/hearings in real time via the Public Meeting Portal at www.deschutes.org/meetings Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment on any meeting topic that is not on the current agenda. Citizen Input is provided by submitting an email to: citizeninput@deschutes.org or by leaving a voice message at 541-385- 1734. Citizen input received by noon on Tuesday will be included in the Citizen Input meeting record for topics that are not included on the Wednesday agenda. Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for consideration or who are planning to testify in a scheduled public hearing may participate via Zoom meeting. The Zoom meeting id and password will be included in either the public hearing materials or through a meeting invite once your agenda item has been included on the agenda. Upon entering the Zoom meeting, you will automatically be placed on hold and in the waiting room. Once you are ready to present your agenda item, you will be unmuted and placed in the spotlight for your presentation. If you are providing testimony during a hearing, you will be placed in the waiting room until the time of testimony, staff will announce your name and unmute your connection to be invited for testimony. Detailed instructions will be included in the public hearing materials and will be announced at the outset of the public hearing. For Public Hearings, the link to the Zoom meeting will be posted in the Public Hearing Notice as well as posted on the Deschutes County website at https://www.deschutes.org/bcc/page/public- hearing-notices. CALL TO ORDER PLEDGE OF ALLEGIANCE CITIZEN INPUT: Citizen Input may be provided as comment on any topic that is not on the agenda. Note: In addition to the option of providing in -person comments at the meeting, citizen input comments may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734. To be timely, citizen input must be received by noon on Tuesday in order to be included in the meeting record. CONSENT AGENDA Consideration of Document No. 2022-210, a Lease between Deschutes County and Mosaic Medical 2. Consideration of Purchase Agreement, Document No. 2022-279, and Dedication Deed, Document No. 2022-280, from Gregory and Alisa Sullivan for Right of Way for the Hunnell Road: Loco Road to Tumalo Road Improvement Project 3. Consideration of Purchase Agreement, Document No. 2022-290, and Dedication Deed, Document No. 2022-291, from the Ferns Revocable Trust for Right of Way for the Hunnell Road: Loco Road to Tumalo Road Improvement Project 4. Consideration of Board Signature on Letter of Thanks to Nicole Phelps for service on the Two Rivers Special Road District 5. Consideration of Board Signature on Letter of Thanks to Allen Hammerman for service on the Noxious Weed Advisory Board 6. Consideration of Board Signature on Letter of Appointment to Carol Bauer to the Newberry Estates Special Road District Board. CONVENE AS THE GOVERNING BODY OF SUNRIVER SERVICE DISTRICT 7. 9:05 AM Consideration of Board Signature of Resolution No. 2022-031, a Resolution authorizing the Sunriver Service District to proceed with issuance of full faith and credit obligations not to exceed $7,000,000 to finance a portion of the costs to remodel and expand the Sunriver Public Safety Building RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY ACTION ITEMS 8. 9:15 AM Consideration of Chair Signature of Document No. 2022-089, a Notice of Intent to Award Contract for Engineering Services for the Smith Rock Way Bridge and Gribbling Road Bridge Replacement Projects June 01, 2022 BOARD OF COMMISSIONERS MEETING Page 2 of 3 9. 9:20 AM Consideration of Board Signature of Order No. 2022-029, Authorization of Rate Adjustments for Deschutes Transfer and Approval of Additional Container Services for Republic Services' Wilderness Disposal Service Area 10. 9:50 AM DELIBERATION - Community Development Department Draft Fiscal Year 2022- 23 Work Plan 11. 10:15 AM Discussion: Measure 109 / Psilocybin LUNCH RECESS 12. 1:00 PM PUBLIC HEARING Continued: Deschutes County Road Department Nighttime Noise Variance OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. EXECUTIVE SESSION At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations, ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations, ORS 192.660(2)(b), personnel issues, or other executive session categories. Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. 13. Executive Session under ORS 192.660 (2) (e) Real Property Negotiations 14. Executive Session under ORS 192.660 (2) (h) Litigation ADJOURN Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call (541) 617-4747. June 01, 2022 BOARD OF COMMISSIONERS MEETING Page 3 of 3 �� ��o ,tea c�� � � pi o � �_`�.� n �; �� ���' �' 'O � � �L' 1' Vl\l'� '1�1L' 1J 111\ V LL' V11\IJ Are you submitting written documents as part of testimony? ❑ Yes ❑ No If so, please give a copy to the Recording Secretary forthe record. FVf Are you submitting written documents as part of testimony? ❑ Yes n No If so, please give a copy to the Recording ,Secretary for the record. MEETING DATE: June 1, 2022 SUBJECT: Deliberation - Community Development Department Draft Fiscal Year 2022-23 Work Plan RECOMMENDED MOTION: Move approval of BACKGROUND AND POLICY IMPLICATIONS: Each spring, CDD prepares an annual work plan describing proposed projects for the coming fiscal year. A review of the draft work plan provides the Planning Commission, Historic Landmarks Commission, County Administration, CDD's customers, partner agencies, and the Board an opportunity to provide input, including additions, modifications and possible re - prioritization. The work plan describes the most important objectives and proposed projects in each CDD division based on: 1. Board annual goals and policies; 2. Carry-over projects from current or prior years; 3. Changes in state law; 4. Grants/funding sources; and 5. Public comments. It also serves as the context within which new projects that arise during the course of the year are prioritized and initiated. BUDGET IMPACTS: None. ATTENDANCE: Peter Gutowsky, CDD Director Will Groves, Planning Manager MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Peter Gutowsky, AICP, Director CDD Management Team DATE: May 25, 2022 SUBJECT: Deliberations — Community Development Department Draft Fiscal Year 2022-23 Work Plan I. SUMMARY The purpose of this Board of County Commissioners (Board) agenda item is to deliberate on and adopt the Community Development Department (CDD) Fiscal year (FY) 2022-23 Work Plan (Attachment). II. BACKGROUND The Board conducted a public hearing on the Draft CDD FY 2022-23 Work Plan and 2021 Annual Report on May 11 and received oral and written testimony. Previously, the Planning Commission conducted a work session, public hearing and recommended the long range work plan to the Board. III. BOARD DECISIONS Below are decision points for the Board to consider in adopting the FY CDD 2022-23 Work Plan: 1. Affirm or amend the projects in Table 1, which are priority discretionary and non -discretionary projects. 2. Affirm or amend the Planning Division operational responsibilities, regional coordination duties, and code maintenance tasks in Table 2. 3. Affirm or amend the low priority projects in Table 3. 4. Consider other projects recommended by members of the public (see Table 3). The Planning Commission endorsed the projects listed in Table 1, considering all of them noteworthy projects for the community. To the extent that resources become available, they recommended several projects that could lead to zoning text amendments pertaining to livability, economic development, and environmental sustainability: o Dark skies o Destination resort eligibility o Environmental sustainability o Overnight lodging vacation rentals o Temporary uses of recreational vehicles o Water resources o Wireless telecommunication Table 1 captures priority discretionary and nondiscretionary projects that are a supported by the Board, grant funded, or in process. Table 1— Priority Discretionary and Non -discretionary Projects Priority Projects 1. Current Planning 1 6. New Mule Deer Wildlife Inventory 2. Comprehensive Plan 2040 Update 7. SB 762, Wildfire Mitigation 3. Tumalo Community Plan Update (TGM Grant) 8. Transportation System Plan (TSP) Update 4. Sisters Country Trails (TGM Grant) 9• Historic Preservation (CLG Grant) 5. SB 391, Rural Accessory Dwelling Units 10. City of Bend Urban Growth Boundary (UGB), HB 4079, Affordable Housing Project Table 2 identifies ongoing Planning Division operational responsibilities, regional coordination duties, and code maintenance tasks. These projects in their totality range from "minor" to "moderate", requiring staffing resources that span 2 to 8 months to complete. Table 2 — Operational Responsibilities, Coordination Duties, and Code Maintenance Category Projects 1. Destination Resort and Overnight Lodging Reporting 2. Marijuana inspections 3. Population estimates and forecasting Operational 4. Staffing Historic Landmarks Commission (HLC), Bicycle and Pedestrian Responsibilities Advisory Committee (BPAC), and Mitigation and Advisory Committee (M&E) 5. Participate in 2023 Legislative Session 6. Support internal County departments (new landfill siting, etc.). 1 Current Planning responsibilities are non -discretionary. Local land use decisions are subject to specific deadlines per state law. ORS 215.427. Category I Projects regional emergency coordination center' • Coordinate on growth management issues. 10. City of Sisters Coordination • Participate in the implementation of Sisters Country Vision Plan and City of Sisters Comprehensive Plan Update. • Coordinate on growth management issues. 11. Growth management committees, Bend Metropolitan Planning Organization (MPO), and Oregon Department of Transportation (ODOT) 12. Sage, Grouse Coordination (proposed recently by the Board) Code Maintenance 13. Housekeeping Amendments Table 3 lists discretionary zoning text amendments. These are "lower" priority projects, requiring staffing resources that span 4 to 12 months or longer to complete. -3- Table 3 — Low Priority Zoning Text Amendments Category Projects 1. Remove 10% reduction limit to property line adjustments in for farm and forest zoned properties 2. Outdoor Mass Gatherings to be addressed more thoroughly (HB 2790, 2019, allows counties to treat OMG as land use decisions) 3. Outdoor and Greenhouse Lighting Control Ordinance to comply with new technologies and Dark Skies best practices 4. Introduce re -platting requirements for major serial lot line adjustments in subdivisions 5. Sign code to become consistent with federal law by removing content limitations 6. Accessory structure amendments clarifying they must be built concurrent with or after the establishment of a primary residence. Specify allowed facilities (baths, cook tops, wet bar) in residential accessory structures (proposed by Zoning Text Deschutes County Current Planning Section and Code Compliance) Amendments 7. Section 6409(a) of the Spectrum Act (Wireless Telecommunication Amendments) 8. In conduit hydroelectric generation code amendments 9. Revisit Ham Radio Tower regulations to reflect building code updates and other issues 10. Amend Deschutes County Code to prevent the siting of future destination resorts (proposed by a Deschutes County resident) 11. Update regulations pertaining to temporary use of recreational vehicles as dwellings to better address occupancy, sewage, waste, fire hazards, and wetland impacts. (proposed by Deschutes County residents) 12. Amend Deschutes County Code to address wireless telecommunication facilities proposed in Oregon Department of Transportation right-of-way (proposed by a Deschutes County resident) IV. DRAFT MOTIONS 1. Move to approve the CDD FY 2022-23 Work Plan as recommended by the Planning Commission; or 2. Move to approve the CDD FY 2022-23 Work Plan as recommended by the Planning Commission with the amendments decided by the Board at this meeting. Attachment: Draft CDD FY 2022/2023 Work Plan and 2021 Annual Report me C0 0 1 1 1 �qqll'` •Mm 117 NW Lafayette Avenue P.O. Box 6005 Bend, OR 97703 www.deschutes.org/cd (541) 388-6575 Building Safety Code Compliance Coordinated Services Environmental Soils Planning 4 4 4 4 .................................................................... 4 ........ 5 ' 2022-2023 Goals & Objectives ....................... 6 .................. 8 ................. 9 ..... 9 ...................................... ..... ..... ......... 9 .............................................................................. 11 Results...................................................... 11 ........... ....... ... . 13 es By Division .......................................... 13 13 13 ... ......13 ... 14 ...................................................................14 ..............................................................................15 15 ..... 15 .16 16 Building Safety. Overview........................................................................... 2021 Year In Review 2022-23 Work Plan Projects, Staff Directory ...'............................ ..... ..................... Code Compliance ............................................... ..................... Overview...................................................................... 2021 Year in Review ............................................................... ....................................... 2022-23 Work Plan Projects .............................................. Staff Directory ....................... ........................... .................... Coordinated Services Overview............................:......................................................................... 24 2021 Year in Review................................................................................... 24 2022-23 Work Plan Projects......................................................................... 25 StaffDirectory ........................................................................................... 25 Environmental Soils .2E Overview.................................................................................................. 26 2021 Year in Review..................................................................................... 26 2022-23 Work Plan Projects ......................................................................28 Staff Directory ............................................................................................. 28 Planning .2S Overview...................................................................................................`... 29' 2021 Year in Rev' 2022-23 Work A Staff Directory .. Community Involven w n Drniortc N-Aission Statement The Community Development Department (CDD) facilitates orderly growth and development in the Deschutes County community through coordinated programs of Building Safety, Code Compliance, Coordinated Services, Environmental Soils, Planning and education and service to the public. Purpose The 2021 Annual Report and 2022-23 Work Plan highlight the department's accomplishments, goals and objectives and are developed to: • Report on achievements and performance. • Implement the Board of County Commissioners (BOCC) goals and objectives. • Implement the Deschutes County Customer Service "Every Time" Standards. • Effectively and efficiently manage organizational assets, capabilities and finances. • Fulfill the rlPnartmPnt's rPpulatory rmm�liancP rPni - - -I_ . ------ • Enhance the County as a safe, sustainable and highly desirable place to live, work, learn, recreate, visit and more; and • Address changes in state law. •r•_ r The BOCC adopted this report on May /June XX, 2022, after considering public, stakeholder and partner organization input and Planning Commission and Historic Landmarks Commission recommendations. The Work Plan often includes more projects than there are resources available. CDD coordinates with the BOCC throughout the year to prioritize and initiate projects. Projects not initiated are often carried over to future years. Pandemic Operations CDD continues to provide services under the State's health and safety framework following recommended safety measures to protect staff and customers while providing essential public services to support the Central Oregon economy. 4 CDD Work Plan 2022-23 / 2021 Annual Report BOARD OF COUNTY COMMISSIONERS Patti Adair, Chair, January 2023 Anthony DeBone, Vice Chair, January 2023 Phil Chang, Commissioner, January 2025 COUNTY ADMINISTRATION Nick Lelack, County Administrator Erik Kropp, Deputy County Administrator Whitney Hale, Deputy County Administrator PLANNING COMMISSION Jessica Kieras— Redmond Area (Chair), 6/30/26 Susan Altman —Bend Area (Vice Chair), 6/30/24 Steve Swisher —Sisters Area, 6/30/22 Dale Crawford — At Large, 6/30/23 Maggie Kirby —Bend Area, 6/30/23 Toni Williams —South County Area, 6/30/25 Nathan Hovekamp—At Large, 6/30/24 HISTORIC LANDMARKS COMMISSION Kelly Madden— Unincorporated Area (Chair), 3/31 /24 Sharon Leighty— Unincorporated Area (Vice Chair), 3/31/26 Dan Ellingson —Pioneer Association, 3/31/26 Christine Horting Jones—Ex-Officio, 3/31 /24 Dennis Schmidling— City of Sisters (Secretary), 3/31 /24 Rachel Stemach— Bend Area, 3/31 /24 HEARINGS OFFICERS GregoryJ. Frank I Stephanie Hicks I Cable Huston LLP BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE Dave Thomson —At Large (Chair), 6/30/24 Christopher Cassard—At Large (Vice Chair), 6/30/24 Wendy Holzman —At Large 6/30/23 Ann Marland—Sisters 6/30/23 Scott Morgan —La Pine 6/30/23 Kenneth Piarulli—Redmond 6/30/23 David Roth —Bend 6/30/23 Mark Smith —At Large 6/30/24 Rachel Zakem—At Large 6/30/23 Mason Lacy —At Large 6/30/23 David Green —At Large 6/30/23 Emily Boynton —At Large 6/30/24 Neil Baunsgard—Bend 6/30/24 5 CDD Work Plan 2022-23 / 2021 Annual Report : • . • t • •' i •7111111• - - Mission Statement: Enhancing the lives ;f citizens by delivering gL1oli4i senlices in o cost-effective manner. Safe Communities (SC): Protect the community through planning, preparedness, and delivery of coordinated services. • Provide safe and secure communities through coordinated public safety and crisis management services. • Reduce crime and recidivism and support victim restoration and well-being through equitable engagement, prevention, reparation of harm, intervention, supervision and enforcement. • Collaborate with partners to prepare for and respond to emergencies, natural hazards and disasters. Healthy People (HP): Enhance and protect the health and well-being of communities and their residents. • Support and advance the health and safety of all Deschutes County's residents. • Promote well-being through behavioral health and community support programs. • Help to sustain natural resources and air and water quality in balance with other community needs. • Continue to support pandemic response and community recovery, examining lessons learned to ensure we are prepared for future events. A Resilient County (RC): Promote policies and actions that sustain and stimulate economic resilience and a strong regional workforce. • Update County land use plans and policies to promote livability, economic opportunity, disaster preparedness, and a healthy environment. • Maintain a safe, efficient and economically sustainable transportation system • Manage County assets and enhance partnerships that grow and sustain businesses, tourism, and recreation. Housing Stability and Supply (HS): Support actions to increase housing production and achieve stability. • Expand opportunities for residential development on County -owned properties. • Support actions to increase housing supply. • Collaborate with partner organizations to provide an adequate supply of short-term and permanent housing and services to address housing insecurity. 6 CDD Work Plan 2022-23 / 2021 Annual Report FY 2022 & 2023 Goals & Objectives, Continued Service Delivery (SD): Provide solution -oriented service that is cost-effective and efficient. • Ensure quality service delivery through the use of innovative technology and systems. • Support and promote Deschutes County Customer Service "Every Time" standards. • Continue to enhance community participation and proactively welcome residents to engage with County programs, services and policy deliberations. • Preserve, expand and enhance capital assets, to ensure sufficient space for operational needs. • Maintain strong fiscal practices to support short and long-term county needs. • Provide collaborative internal support for County operations with a focus on recruitment and retention initiatives. 7 CDD Work Plan 2022-23 / 2021 Annual Report This graph provides a snapshot of the County's growth since 1960 and the preliminary 50-year Portland State University, Oregon Population Forecast Program, through 2068. HISTORICAL AND PORTLAND STATE UNIVERSITY FORECAST TRENDS *AAGR: Average Annual Growth Rate 8 CDD Work Plan 2022-23 / 2021 Annual Report Fiscal Issues • Ensure financial stability and sustained high quality services through establishing a financial contingency plan providing a clear course of action if CDD's reserve funds decline. • CDD is responding to significantly increased inquiries regarding rural development opportunities. Many of these inquiries require research and in-depth responses, but do not result in permits and corresponding revenue. This "non -fee generating" work, a public good, is consuming limited resources to efficiently process a variety of permits. • Significant staff turnover is creating additional costs to and resource re- allocations from service delivery to training in the department. operational Challenges • Maintaining productivity while experiencing near record high levels of permitting volumes and significant staff turnover. During 2021, CDD welcomed 14 new staff, internally promoted 1 1 staff and ended the year with 10 positions in various stages of the recruitment process. An estimated 63% of CDD staff have 5 years or less experience with the department. • Coordinating with Human Resources to develop and implement strategies to retain and recruit staff. • Succession planning for upcoming staff retirements. An estimated 11 of current staff will be eligible for retirement within the next 6 to 8 years based on length of service. • Transitioning to and implementing post -pandemic business operations such as continued partial remote working, shared work spaces with increasing staff levels, adherence to ongoing public health and safety measures and continued expansion of CDD online services and meeting technologies. • Improving post -pandemic public hearing and engagement strategies with in -person and remote/online participation opportunities. • Implementing new laws from the 2022 Legislative Session. • Processing complex and controversial code compliance cases. • Addressing affordable housing through collaboration with cities, the County's Property Manager, and exploring rural strategies. • Continuing improvement of the department's website and other electronic internal and external services to improve efficiencies and service delivery. 9 CDD Work Plan 2022-23 / 2021 Annual Report Resources $10,657,457 $10,550,824 $9,457,684 $11,302,683 $13,912,023 Requirements $10,657,457 $10,550,824 $9,457,684 $11,302,683 $13,912,023 Staff Summary 0 9 A A .1 Total FTE's 55.00 58.00 65.00 69.00 72.00 10 CDD Work Plan 2022-23 / 2021 Annual Report CDD is committed to a comprehensive approach to managing performance. The department achieves its goals and objectives by strategically establishing and monitoring performance measures and by adjusting operations based on those results. The performance measures allow staff to: • Address service delivery expectations from the perspectives of CDD's customers. • Ensure the department fulfills its regulatory compliance requirements. • Efficiently and effectively manage the organization's assets, capacities and finances; and • Preserve and enhance the County as a safe, sustainable and desirable place to live, visit, work, learn and recreate. The following graphs represent a sample of CDD's performance measures for 2021. For a complete review of performance measures, please follow this link: https://deschutes.org/cd/. 2021 Performance Management Results Coordinated Services Percentage of Applications Submitted Online 7 Building Permit Ready to Issue Turnaround Time 80% (Building Safety and Environmental Onsite) 6 70% — — ® ® ® — — — — — — — — — — 5 3.6 60% ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® 56.3% 58.8% 52 9% q ® ® ® ® ® ® ® ® ® 50% 49.6% 0% 0 46.8/ 49 6%` �48 2` ®'*455% 463/ 482/ 478/ .� 457/- - 3 2.3 2.4 � 1 30% Ian 2021 Mar 2021 May 2021 lul 2021 Sept 2021 Nov 2021 Ian 2021 Mar 2021 mm 2021 lul 2021 Sept 2021 Nov 2021 = � Ready to Issue Turnaround o Target Goal- 4Days .ova, Average On line Subm issions — — Target High-70% m m Target Low -65% Performance Measure: Achieve a building permit ready to issue turnaround time of4days I Performance Measure: Achieve ago a I of 65% to 70% of app I icationssubmitted on line Annual Average of 1.9 Days - Target Achieved Annual Average of 49.5% Submitted Online- Target Not Achieved 100% Code Compliance 97/o o ° 93/o Voluntary Compliance 95% 92% 90% 90% ° 88 /o 90% Q,.. 90% 85% J/ C ®f/ Yee84% 85% Ni,79%. S �� 80% N 81% 75% 70% 72% 65% )an 2021 Mar 2021 May 2021 1,112021 Sept 2021 Nov 2021 __oo -Voluntary Compliance ® — Target-90% Performance Measure: Achieve 90% voluntary compliance in Code Compliance cases. 110% Code Compliance 100% Cases Closed within One Year 100% \i 90% 80% ®� `a� � 75% � � � 80% � � 80% 71% / 63 /0 63 57% 60% �""'g .. -z. �- 58% 59% ff- 59% 50% Ian 2021 Mar 2021 May 2021 "'1 2021 Sept 2021 Nov 2021 -®.,===Closed Case Turnaround — — Target-85% Performance Measure: Achieve 85% resolution in Code Compliance cases within 12 Annual Average of 88% Compliance - Target Within Range Annual Average of 69% Closed within I Year- I arget Not Achieved 11 CDD Work Plan 2022-23 / 2021 Annual Report .i •MUM RIM Building Safety 11 Field Inspector Average Stops per Day 9 8.4 86 8.4 84 87 ® 83 87 92.,,�. ,..,..,��. 8.0 �.�- 80 7 6 ® ® ® ® ® ® ® ® ® ® ® ® ® - d 5 4 lan 2021 Mar 2021 May 2021 lul 2021 Sept 2021 Nov 2021 --G,- Field Insp Ave Stops per Day - ® Target Low- 6 Stops - Target High - 10 Stops Performance Measure: Achieve an average of 6 to 10 inspection stops per day, per 105% Building Safety Inspections Completed Same Day as Requested 97.5% 98.2% 97.8% 98.2% 98.6% 98.0% 974% 99.011 08.1% 95% 90% ® ® ® ® ® ® ® ® ® 85% 11, 2021 Mar 2021 May 2p21 lul 2021 Sept 2021 Nov 2021 ==� %Building lnsp Completed On Time ® ® Target Low - 90% «� Target High -100% Performance Measure: Achieve 90% to 100%of inspections completed on same day as requested. Annual Average of 8.4 per Day - Target Achieved Annual Average of 97.8% Completed - Target Achieved Environmental Soils Environmental Soils 14.0 New System Permit Issuance Time Pre -cover Inspections Completed On Time 12.0 ® ® ® ® ® ® ® « - - ® ® ® - ® ® ® ® ® 105% 100.00% o 0 100.00% 0 100.00°/ o Ila 10000%10000% 10000% 0100.00% 10.0 10.0 .. 11.3 100% -,. 7.7 7.9 r" / �® 100,00% 100.00% 8.0 6.6 95% . 5 3 �� 6,6 �/� e 93.33% 96.67% 94.44% 6.0 90% 2 8,� iY, � 1' 4.0 2.7 Z 5 I cf N'. 85% 4.3 �i 2.0 3.0 80% 0.0 75% Jan 2-021 Mar 2021 May 2021 Jul 2021 Sept 2021 Nov 2021 an 2021 Mar 2021 2021 ul 2021 t 2021 021 J M May J SeP Nov 2 III New Sys Permit Issue Time ® ® Target - 12 Days -_El Pre -Cover Insp Completed On Time Performance Measure: Issue new onsiteseptic permitswithin 12 days ofcompleted app. Performance Measure: Achieve 90%to 100%of pre -cover inspections completed onsame dayas requested. Annual Average of 5.8 Days - Target Achieved Annual Average of 98.6% Completed - Target Achieved Current Planning Land ..Use .. Decisions With ,Prior.. Notice. __._ 65.7 �ti�y 0 \ 52.4 0 32.7 41.9 45.7 r®�N .8 44.7 ® ® ® - :. 49.9 n 31.9 37.6 25.0 30.3 Jan 2-021 Mar 2021 May 2021 Ju12021 Sept 2021 Nov 2021 ­mO�­Average Days To Complete - - Target -45Days Performance Measure: Issue all administrative decisions with notice within 45 days of completed application. Annual Average of 45.1 Days - Target Achieved Current Planning Land _Use -Decision -Without Prior Notice 55.0 11- 28.3 r 25.0 15.3 22.2 19,0 18.9 23.4 ® �L�� d y® 15.0 9.0 23.4 ��/ 10.4 5.0 10.0 1 1.3 Jan 2021 Mar 2021 May 2021 Ju1202-1 Sept 2021 Nov 2021 ­12 -=Average Days To Complete - ® Target- 21 Days Performance Measure: Issue all administrative decisions without notice within 21 days of completed application. Annual Average of 19.9 Days - Target Achieved 12 CDD Work Plan 2022-23 / 2021 Annual Report 2021 Year in Review • Continued to provide essential services to the public while implementing pandemic related safety measures, such as socially distanced interactions, remote work and inspectors dispatched from home. • Revised office lobby hours, closing to the public at 4:00 p.m. to provide staff opportunity to respond to an increased number of calls, email inquiries and online application submissions. • Coordinated with State and County staff to promote and educate customers on how to apply for online permits and inspections. • Implemented use of standardized templates for administrative determinations. 2022-2023 Performance Measures By Division CDD's 2022-23 performance measures align the department's operations and work plan with BOCC annual goals and objectives and the County's Customer Service "Every Time" Standards. https:// intranet.deschutes.org/Pages/Customer-Service-Standards.aWx Building Safety • Achieve 6-10 inspection stops per day to provide quality service. (BOCC Goal & Objective SD-1) • Achieve an average turnaround time on building plan reviews of 8-10 days to meet or exceed state requirements. (BOCC Goal & Objective SD-1) • Achieve 50-80% of inspections scheduled online. (BOCC Goal & Objective SD-1) • Achieve 90-100% of inspections completed the same day as requested. (BOCC Goal & Objective SD-1) • Provide community training opportunities for online application submission to obtain a goal of 60% of application submittals conducted online. (BOCC Goal & Objective SD-1) Code Compliance • Achieve 90% voluntary compliance in Code Compliance cases. (BOCC Goal & Objective SC-1) • Achieve 85% resolution of Code Compliance cases within 12 months. (BOCC Goal & Objective SC-1) Coordinated Services • Expand community training opportunities for online application submission to obtain a goal of 50-60% of application submittals conducted online. (BOCC Goal & Objective SD -I) • Achieve structural permit ready -to -issue turnaround time for Coordinated Services of 4 days. (BOCC Goal & Objective SD-1) 13 CDD Work Plan 2022-23 / 2021 Annual Report Environmental Soils ® Achieve compliance with the Alternative Treatment Technology (ATT) Septic System Operation and Maintenance (O&M) reporting requirements of 95% to protect groundwater. (BOCC Goal & Objec- tive H P-3) ® Achieve the issuance of onsite septic system permits within 12 days of completed application. (BOCC Goal & Objective SD-1) • Achieve 50% of inspections scheduled online. (BOCC Goal & Objective SD-1) ® Achieve 90-100% of Pre -cover inspections completed the same day as requested. (BOCC Goal & Objective SD-1) Planning G ictain thQ icci ianrn of lanrl i icy arlminictrativA rlAricinnc With nntiro Within dS rlavc and Withni it nn- Lice within 21 days of completed application. (BOCC Goal & Objective SD-1) ® City of Bend Coordination: - Amend the City of Bend Urban Growth Boundary and County zoning to implement HB 4079, Affordable Housing Project. (BOCC Goal & Objectives RC-1 and HP-1) ® Housing Strategies: - Amend County Code to implement SB 391, Rural Accessory Dwelling Units (ADU). (BOCC Goal & Objectives RC-1 and HP-1) ® Natural Resources: - Natural Hazards— Develop a work plan to amend the Comprehensive Plan and County Code requiring defensible space and fire-resistant building materials per SB 762—Wildfire Mitigation. (BOCC Goal & Objectives SC-3, HP-3, and RC-1) - Wildlife Inventories —Amend Comprehensive Plan and Zoning Code to incorporate a new mule deer winter range inventory from Oregon Department of Fish and Wildlife (ODFW). (BOCC Goal & Objectives HP-3) 14 CDD Work Plan 2022-23 / 2021 Annual Report Overview Administrative Services consists of the Community Development Director, Senior Management Analyst, two Systems Analysts and one Administrative Assistant. The Administrative Services Division provides oversight for all departmental operations and facilities, human resources, budget, customer services, technology and performance measures. Analyst staff are responsible for the integration of technology across all CDD divisions, coordination with the cities as well as providing direct service to the public via application training and support, web -based mapping, reporting services and data distribution. 2021 Year in Review ✓ Welcomed a new CDD Director in the fall of 2021. ✓ Revised office lobby hours, closing to the public at 4:00 p.m. to provide staff opportunity to respond to an increased number of calls, email inquires and online application submissions. ✓ Continued remote work options for approximately 75% of staff. ✓ Revised CDD's Fee Waiver Policy with BOCC approval. ✓ Enhanced CDD's Planning Division's webpage to provide more information about land use public hearings, application materials and opportunities for the public to submit comments on pending applications. ✓ Began a reorganization of office spaces and small remodel on CDD's first floor in an effort to better utilize available square footage. 15 CDD Work Plan 2022-23 / 2021 Annual Report 2n22-23 Work Plan Proiarte • Reconfigure Accela to improve code compliance case management and planning land use module interoperability. • Continue to participate in a County -led effort to create a county -wide Pre -disaster Preparedness Plan. • Update Continuity Of Operation Plan (COOP), as necessary, based on lessons learned during the pandemic. • Coordinate with the Human Resources Department to evaluate, propose and implement strategies to attract and retain staff to meet increasing service demands in a highly competitive market. ® Explore and research opportunities to increase CDD's sustainable business practices while maximizing the efficiency of operations in a cost effective manner. • Reorganize and enhance CDD's website to be more customer -centric. Provide enhanced content that will -,Ilr,�ni C .stomnrs to hnttnr understand -,nd C-FUD's policies and procedures Tres and create a in (J n i.Y-.nrn� vvni wivvv cu.�wi i ici .� w vcuci ui �uci ..��ai iu wv � Nuncic.� ai iu Nr vccuui c.� and crca�c an i n i iNi vvcu customer experience that acts as a guide for understanding the process of development in Deschutes County while also expanding online application instruction content. • Government software integration —Improve system interoperability of Accela and DIAL software systems, increasing efficiency and improved service through implementation of a software connector which will allow "real time" document upload. • Complete analysis of installation of electric vehicle charging stations and purchase of electric vehicles to ensure quality service delivery through the use of innovative technology and systems. • Implement a new employee onboarding process to acclimate new employees to their role and an exit interview process for departing staff to learn where department improvements can be made and make sure the employee feels satisfied about their service. • Implement process to invoice non-residential transportation system development charges and send annual notice of amount due and potential rate increases. ,Staff Directory Tim.Berg@deschutes.org Tracy. Griffin@des chutes, org 16 CDD Work Plan 2022-23 / 2021 Annual Report Overview Building Safety consists of one Building Official, one Assistant Building Official and eighteen Building Safety Inspectors. The Building Safety Division administers and implements the state and federal building codes through a process of education and a clear and consistent application of the specialty codes. The division provides construction plan reviews, consultation and inspection services throughout the rural county and the cities of La Pine and Sisters. The division also provides services to Lake, Jefferson, Klamath and Crook counties, the cities of Bend and Redmond, and the State of Oregon Building Codes Division on an as -needed basis. 2021 Year in Review ✓ Issued 775 new single-family dwelling permits in 2021. The distribution of these new homes for Deschutes County's building jurisdiction included: - Rural/unincorporated areas: 541 - City of La Pine: 120 - City of Sisters: 114 ✓ Completed major building plan reviews for: - Wetlands Taphouse in La Pine - Preble Way Mobile Home Park in La Pine - Sisters Coffee New Production Facility - McKenzie Meadows Village in Sisters - Oxbow Flats in Sisters - Replacement Crematorium at Deschutes Memorial Garden - Black Butte Ranch Lodge Dining Facility ✓ Obtained BOCC approval revising the process to legitimize undocumented residential structures (Resolution 2021-069). ✓ Facilitated the successful transition of field inspection staff to dispatch from home during a record breaking building season. ✓ Participated in SB 391—Rural ADU, legislative discussions. ✓ Coordinated local discussions regarding most recent building code updates. ✓ Participated in public, community and customer -specific education and outreach efforts such as Oregon Administrative Rule (OAR) 918-480-0125 Uniform Alternate Construction Standards for mitigation due to a lack of firefighting water supplies. ✓ Coordinated with State and County staff to promote and educate customers on how to apply for online permits and inspections. ✓ Continued succession planning, cross -training and technology investments to maintain and improve efficiencies. ✓ Continued to serve in regional and statewide leadership positions to support Deschutes County and Central Oregon interests. ✓ Transitioned staff to remote work locations while maintaining productivity and improving operational efficiencies. 17 CDD Work Plan 2022-23 / 2021 Annual Report 2021 Year in Review, continued ✓ Actively participated in discussions relating to: — SR 762, Wildfire Mitigation, and forthcoming requirements to apply ORSC 3274 to new development. — Newly created requirements for daycare and adult foster care facilities located in private residential homes. — Local contractors in regards to the new American Society of Heating, Refrigerating and Air - Conditioning Engineers (ASHRAE) ventilation requirements. ✓ Provided A -level electrical inspection services, electrical plan review and customer contact support for commercial and residential electrical questions forjefferson County. New Single Family DwelHng Permits 18 CDD Work Plan 2022-23 / 2021 Annual Report 2022-23 Work Plan Projects • Implement succession planning for future retirements and explore staffing needs due to unprecedented business needs and remote work options. • Provide certification cross -training for all new hires to maintain the division's goal of having fully certified residential inspection staff. • Explore options to reduce the carbon footprint associated with field inspection duties such as: — Alternative fuel options and All -Wheel Drive electric vehicles. — Charging stations for electric vehicles (one station per 2 vehicles). Work with Oregon e-Permitting to help test the new app for inspections prior to the roll out. • Implement the use of drones and other technologies to accomplish high risk inspections such as: — Roof diaphragm nailing — Chimney Construction — PV Solar Installations — High lift concrete masonry unit (CMU) grouting • Continue participation in SB 762, Wildfire Mitigation and the forthcoming process of implementing additional construction standards to reduce hazards presented by wildfire (Oregon Residential Specialty Code (ORSC) R327.4), and/or defensible space requirements into Deschutes County Code. • Participate in SB 391 discussions regarding Rural ADUs in Deschutes County. • Produce new informational brochures as required by OAR 918-020-0090 to help customers navigate code changes such as Energy Code and Daycare Facility updates. • Host Chemeketa Community College Building Inspection Technology students for summer Cooperative Work Experience program which provides an opportunity to demonstrate the county's customer friendly, service -oriented approach as a regulatory agency. • Coordinate with the Human Resources Department to evaluate, propose and implement strategies to attract and retain staff to meet increasing service demands in a highly competitive market. 19 CDD Work Plan 2022-23 / 2021 Annual Report Staff Directory Chris Gracia Assistant Building Official (541) 388-6578 Chris.Gracia@deschutes.org ingnpect©rIKristaAppiby BuldI (541}3$5=1701 leby@deschutes.org Keri Blackburn Building Inspector III (541) 388-6577 Keri.Blackburn@deschutes.org Mark Byr6 Building Inspector ICI (541) 749-1909 Mark.Byrd@desehutes.org Rainer Doerge Building Inspector III (541),480 8935 Rainer.Doerge@deschutes.org - Ami Dougherty Building Inspector € (541) 385-3217 Arrii.Dougherty@deschutes.org ; Scott Farm Building Inspector ILI (541),480 8937 Scott. Farm@deschutes.org Qavid Fairin Bu�ld�ng Inspeeta f{I (541)385 -17f}2 ., Dauid.Farrit@deschutes.org �.., .. _ Anthony Friesen Building Inspector III (541) 213-0653 Anthony.Friesen@deschutes.org Owen G�Istrap Bcrfkc'ing Inspector lIi (541):'480=8948 �uuen GC,fstrap@deschutes.org Erikjohnson Building Inspector III (541)'480-8940 ErikA,johnson@deschutes.org 20 CDD Work Plan 2022-23 / 2021 Annual Report Overview Code Compliance consists of five Code Compliance Specialists. The program is managed by the Coordinated Services Administrative Manager and is supported by a law enforcement deputy from the Sheriffs Office and CDD's operating divisions. The Code Compliance Division is responsible for investigating code violation complaints to ensure compliance with land use, onsite wastewater disposal, building and solid waste codes (by contract with the Solid Waste Department), and provides direct service on contract to the City of La Pine for solid waste violations. The program's overriding goal is to achieve voluntary compliance. If necessary, cases are resolved through Circuit Court, justice Court or before a Code Compliance Hearings Officer proceeding. The program continues to adapt to the County's challenges of growth and diversification, incorporating new measures to ensure timely code compliance. While voluntary compliance is the primary objective, an ever-growing number of cases require further code compliance action because of delayed correction or non-compliance. Through the refinement of departmental procedures for administrative civil penalty, Code Compliance is obtaining compliance from citations rather than court adjudication, resulting in greater cost recovery. A disconcerting trend is the need for County abatement in some cases. In abatement, the County corrects the violations. Abatement action is reserved for matters of chronic nuisance and public health and safety. In response to this trend, Code Compliance is closely coordinating with other County departments in the development and enactment of abatement plans. 2021 Year in Review ✓ During 2021, 788 new cases were received and 742 cases were resolved. This is a 10% decrease in new cases from the previous year. ✓ Implemented the Noxious Weed Program. ✓ Revised the Code Compliance Policy and Procedures Manual with direction from the BOCC. ✓ Continued to partner with County departments to resolve difficult cases. Coordination ensures efficient operations and avoids overlapping efforts, thus allowing staff to conduct a thorough investigation on behalf of community members. ✓ Provided staff with field safety classes in coordination with Deschutes County Sheriffs Office. ✓ Created an internal volunteer program to assist with clean up of properties in violation of Solid Waste codes. 2022-23 Work Plan Projects • Analyze the compliance program in an effort to create efficiencies in how cases are assigned, managed and proceed through the compliance process. • Enhance involvement in Oregon Code Enforcement Association (OCEA) next annual conference through presentation participation. • Continue to improve training program for new hires to include training efficiencies. • Update and revise the Standard Operating Procedures manual as processes change. 21 CDD Work Plan 2022-23 / 2021 Annual Report 22-23 Work Plan Projects. continued • Automate the process for medical hardship notification and out -of -compliance O&M contracts performed by administrative staff. • Revise CDD's Voluntary Compliance Agreement and updating templates for Pre -Enforcement Notices to ensure clear communication. • Explore ideas to ensure staff safety such as radio communication and purchase of safety tools. • Coordinate with the Human Resources Department to evaluate, propose and implement strategies to attract and retain staff to meet increasing service demands in a highly competitive market, n mall asses Opened and Closed 22 CDD Work Plan 2022-23 / 2021 Annual Report Staff Directory 23 CDD Work Plan 2022-23 / 2021 Annual Report Overview Coordinated Services consists of an Administrative Manager, one Administrative Supervisor, eleven Permit Technicians and two Administrative Support Technicians. The Coordinated Services Division provides permitting and "front line" direct services to customers at the main office in Bend as well as in the La Pine and Sisters city halls. While coordinating with all operating divisions, staff ensure accurate information is provided to the public, while minimizing wait times and ensuring the efficient operation of the front counter and online portal. 2021 Year in Review ✓ The Administrative Supervisor position created during the FY 22 budget process was through an internal recruitment. ✓ Permit Technicians continued to provide exceptional customer service during the pandemic. ✓ Continued to refine a more efficient staff training process. ✓ Continued updating the manual of Standard Operating Procedures as an additional resource for staff consistency and succession planning. ✓ Revised role of Administrative Support staff to include assistance with record maintenance and assistance to other operating divisions. ✓ Increased electronic permit submittals through public education and outreach to licensed professionals. During 2021, CDD received 49.4% of applications online in comparison to 39.7% in 2020. ✓ Transitioned submittal of commercial plans to online acceptance. ✓ As Accela continued to evolve and new tools became available, Deschutes County continued to be a statewide leader in offering training opportunities to customers and regional agency partners. Coordinated Services continued to hosted in-house and one-on-one training opportunities. ✓ Reopened satellite office locations in City of Sisters and City of La Pine. ✓ Implemented First Interstate Bank remote deposit feature in main office and satellite locations. ✓ Completed process to electronically scan building plans to property development records. y' i he Oregon Building Officials Association awarded Jennifer Lawrence the Permit Technician of the Year award for exemplifying the best of the best in Oregon's city and county building departments. 24 CDD Work Plan 2022-23 / 2021 Annual Report 2022-23 Work Plan Projects • Update and revise the Standard Operating Procedures manual as processes change. • Continue to improve training program for new hires to include training efficiencies. • Revise lead permit technician role. • Transition submittals of residential plans to online acceptance. • Coordinate with the Human Resources Department to evaluate, propose and implement strategies to attract and retain staff to meet increasing service demands in a highly competitive market. Office Locations & Lobby Hours Main Office-117 NW Lafayette Ave, Bend, OR 97703 Monday, Tuesday, Thursday, Friday 8:00 AM-4:00 PM, Wednesday 9:00 AM-4:00 PM La Pine City Hall-16345 Sixth St., La Pine, OR 97739 Thursday 9:00 AM-4:00 PM Sisters City Hall-520 E. Cascade St., Sisters, OR 97759 Tuesday 9:00 AM-4:00 PM Staff Directory Angie Havniear Administrative Manager (541) 317-3122 Angela.Havniear@deschutes.org Jennifer Lawrence Administrative Supervisor (541) 385-1405 )ennifer.L.Lawrence@deschutes.org Tara Alvarez Permit Technician (541) 383-4392 Tara.Campbell-Alvarez@deschutes.org Katie Borden Permit Technician (541) 385-1741 Katie. Borden@deschutes.org Mikaela.Cost gan Permit Technician (541) 385-1714 ,' Mikaela,Co$tigan@deschutes.org Ian Cullen Permit Technician (541) 388-6680 Ian.Cullen@deschutes.org Taylor Eagan Permit Technician (541) 388-6562 Taylor.Eagan@deschutes.org Robert Graham Administrative Support (541) 385-3217 Robert.Graham@deschutes.org Miu Green Permit Technician {541) 385-3200 Mlu.Green@deschutes.org Terese)arvis Permit Technician (541) 383 4435 Teresejarvis@deschutes.org Jean Miller ;Administrative Support (541) 383-6711 jean.M i Ile r@deschutes.org Jessie Waugh Permit Technician (541) 385-1730 jessica.Waugh@deschutes.org 25 CDD Work Plan 2022-23 / 2021 Annual Report Environmental Soils consists of one Environmental Health Supervisor, two Environmental Health Specialists II, two Environmental Health Specialist I and one Permit Technician. The Environmental Soils Division regulates on -site wastewater treatment Systems (Septic) to assure compliance with state rules, and monitors environmental factors for public health and resource protection. They provide site evaluations, design reviews, permitting, inspections and education and coordination with the Oregon Department of Environmental Quality (DEQ) for onsite wastewater treatment and dispersal systems. Staff inspects sewage pumper trucks, reports on the condition of existing wastewater systems, maintains an 0&M tracking system, provides the public with information on wastewater treatment systems and regulations and investigates sewage hazards to protect public health and the environment. Staff are also engaged in the proactive pursuit of protecting the groundwater in Deschutes County and continue to work with DEQ on permitting protective onsite wastewater systems in Southern Deschutes County. '_ I ✓ Assessed 382 sites for onsite wastewater treatment and dispersal systems, an increase of 29.1 % from 2020, and issued 1,846 permits and authorizations for new and existing onsite treatment and dispersal systems, an increase of 12% from 2020. Assessed sites included several new subdivisions. Applications continue to increase in complexity and technical requirements. ✓ Repaired 290 failing or substandard systems correcting sewage health hazards and protecting public health and the environment. ✓ Increased electronic permit submittal and inspection scheduling through outreach and education of customers, particularly licensed professionals. During 2021, the division received 43.2% of applications online compared to 43.6% in 2020. 26 CDD Work Plan 2022-23 / 2021 Annual Report 2021 Year in Review, continued ✓ Provided ten property owners in South County with rebates of $3,750 per property for upgrading conventional onsite wastewater treatment systems to nitrogen -reducing pollution reduction systems. ✓ Provided assistance and information regarding onsite wastewater treatment systems in Terrebonne to Parametrix, engineering consultant, for the Terrebonne Sewer Feasibility Study. ✓ Coordinated with the City of Bend and DEQ staff regarding the septic to sewer program, and the impact on homeowners with onsite wastewater systems. ✓ Worked with DEQ on permitting protective onsite wastewater systems in South Deschutes County. Participated in dozens of variance hearings for modified advanced treatment systems on severely limited sites. ✓ Adapted to COVID-19 limitations by remote working, electronic permitting, computer technologies, electronic communications and deploying staff from home. Staff was able to sustain performance measures, permit and inspection turnaround times and maintain high service levels demonstrating resilience, team work and professionalism to continue to serve the community. ✓ Hired two new Environmental Health Specialist trainees to fill a vacancy and expand the team. 27 CDD Work Plan 2022-23 / 2021 Annual Report 2022-23 Work Plan Projects ® Coordinate with DEQ for a South County Groundwater sampling event and funding of a planned existing network of wells. ® Train new staff trainees to become fully integrated team members knowledgeable about permitting, inspections and other onsite wastewater tasks. ® Work with DEQ staff on planning for and funding of long term and regular well sampling events approximately every 10 years to monitor changes in water quality in the aquifer. ® Apply for American Rescue Plan Act (ARPA) funding allocated to address problems related to failing and outdated septic systems through Oregon DEQ. If selected, work in coordination with Neighborlmpact to implement and manage the grant program through 2026. ® Continue technical support as necessary toward the completion of the Terrebonne Sewer Feasibility Study. ® Participate in the Upper Deschutes Agricultural Water Quality Management Area Local Advisory Committee. ® Continue to participate in the City of Bend Storm Water Public Advisory Group and the Upper Deschutes Agricultural Water Quality Management Area Local Advisory Committee (Oregon Department of Agriculture). ® Provide financial assistance opportunities to South County property owners to upgrade conventional systems to nitrogen reducing pollution reduction systems through Nitrogen Reducing System Rebates and the Neighborlmpact Non -conforming Loan Partnership. ® Review current groundwater protection policies for South County and continuing variance applications with DEQ onsite staff to ensure goals of water resource protection are addressed. Highest risk areas may require greater scrutiny. ® With development occurring in the Newberry Neighborhood in La Pine, review financial assistance programs for groundwater protection efforts. This may include creation of a financial advisory group process to include community members. ® Am —Ind Deschutes County Code Chapter 11.12, Transferable Development Credit Program to irmpinMnnt changes from BOCC Resolution 2019-040. ® Coordinate with the Human Resources Department to evaluate, propose and implement strategies to attract and retain staff to meet increasing service demands in a highly competitive market. 28 CDD Work Plan 2022-23 % 2021 Annual Report Overview Planning consists of one Planning Director, one Planning Manager, two Principal Planners, two Senior Planners, two Senior Long Range Planners, one Senior Transportation Planner, six Associate Planners, four Assistant Planners and one Administrative Assistant. The Planning Division consists of two operational areas: Current Planning and Long Range Planning. Current Planning processes individual land use applications and provides information to the public on all land use related issues. Long Range Planning addresses the future needs of the county through updates to the comprehensive plan, changes to the County Code and other special projects Current Planning Responsible for reviewing land use applications for compliance with Deschutes County Code (DCC) and state law, including zoning, subdivision and development regulations, and facilitating public hearings with Hearings Officers and the BOCC. Staff is also responsible for verifying compliance with land use rules for building permit applications and septic permits; coordinating with Code Compliance to respond to complaints and monitor conditions of approval for land use permits; performing road naming duties; providing assistance at the public information counter, over the telephone and via email; and addressing in the rural County and City of Redmond under contract. Long Range Planning Responsible for planning for the future of Deschutes County, including developing and implementing land use policy with the BOCC, Planning Commission, community and partner organizations. It is in charge of updating the County Comprehensive Plan and zoning regulations, coordinating with cities and agencies on various planning projects taking place in the region, including population forecasts with Portland State University and cities. Staff also monitors and participates in annual legislative sessions, and serves on numerous local, regional and statewide committees primarily focusing on transportation, natural resources, growth management and economic development. Transportation Planning Provides comments and expertise on land use applications, calculates System Development Charges (SDC's) as part of land use application review process or upon request; provides comments to the County's Risk Management Department regarding traffic issues for permitted events; participates in the annual County Capital Improvement Plan (CIP) process with the Road Department; applies for grants for enhanced bicycle and pedestrian facilities in coordination with the Bicycle and Pedestrian Advisory Committee (BPAQ participates in Oregon Department of Transportation (ODOT) funded refinement planning; coordinates road issues with Bureau of Land Management (BLM) and the United States Forest Service (USFS) for urban interface plans; and serves on several local and regional transportation committees, most notably BPAC, the Bend Metropolitan Planning Organization Technical Advisory Committee, and Central Oregon Area Commission on Transportation Technical Advisory Committee (TAC). Floodplain & Wetlands Planning Responsible for providing comments and expertise on land use applications, code compliance, and general property inquiries that require development, fill, or removal in mapped floodplain and wetland areas. Staff maintains certification as an Association of State Floodplain Managers (ASFPM) Certified Floodplain Manager to provide customers with up-to-date and accurate information regarding Federal Emergency Management Agency (FEMA) regulations, surveying requirements, and construction requirements. Coordination is frequently required with external agencies including FEMA, US Army Corps of Engineers, Oregon Department of State Lands, Oregon Department of Fish and Wildlife (ODFW), and USFS. 29 CDD Work Plan 2022-23 / 2021 Annual Report 2021 Year in Review ✓ Counter coverage averaged 219 customer visits a month compared to 197 in 2020. ✓ Staff responded to 2;332 emails and 2,920 phone call inquiries, This equates to over 194 emails and 243 phone calls per month during 2021. ✓ Received 1,089 land use applications compared to 869 in 2020, an increase of 25.3% over prior year. ✓ The Planning Division received 27 non -farm dwelling applications compared with 29 for 2020. ✓ 18 final plats were recorded in 2021 or are in the process of being recorded, creating a total of 154 residential lots. ✓ Issued a Request for Proposal (RFP) for a Comprehensive Plan Update. ✓ The Planning Division continued to offer electronic meetings for pre -application, Hearings Officer, Historic Landmarks Commission, and Planning Commission proceedings. Significant efforts were made to ensure each body, applicants, and members of the public could utilize this new technology. Meetings were also available by phone. Staff utilized social distancing protocols when members of the public met in -person. Throughout this transition, the division continued to meet its performance measures related to processing land use applications. Land Use Applications 30 CDD Work Plan 2022-23 / 2021 Annual Report 2021 Year in Review, continued Twenty (20) land use applications were reviewed by Hearings Officers in 2021 compared to 15 in 2020. They include: ✓ Caldera Springs Resort Final Master Plan ✓ Thornburgh Destination Resort LUBA Remand ✓ Cell Tower (2 applications) ✓ Thornburgh Destination Resort Master Plan ✓ Measure 49—Modification of Conditions Modification ✓ Non -farm Dwelling (2 applications) ✓ Thornburgh Destination Resort Site Plan for Lodging ✓ Plan Amendment/Zone Change (2 applications) ✓ Thornburgh Destination Resort Tentative Plat ✓ Private Air Strip ✓ Replacement Dwelling ✓ Sunriver Wastewater Treatment Facility ✓ Template Dwelling (3 applications) ✓ Variance ✓ Wildlife Area Dwelling Siting Requirement The BOCC conducted 16 quasi-judicial land use hearings or proceedings in 2021 compared to 14 in 2020. Three involved appeals heard by the BOCC (*): ✓ Campground* ✓ Hydroelectric Facility* ✓ Consideration of Appeal —Non -farm Dwelling (2 ✓ Improvement Agreement —Westgate applications) Subdivision ✓ Consideration of Appeal —Private Airstrip (2 ✓ Noise Variance applications) ✓ Reconsideration of a Tentative Plat* ✓ Consideration of Appeal —Replacement Dwelling ✓ Redmond UGB Amendment —Affordable ✓ Consideration of Appeal —Thornburg LUBA Housing Project Remand ✓ Road Naming (4 applications) Eleven (11) appeals were filed with the Land Use Board of Appeals (LUBA) in 2021, compared to 7 in 2020: ✓ Hydro Electric Facility ✓ Nonfarm Dwelling (2 applications) ✓ Plan Amendment / Zone Change ✓ Replacement Dwelling ✓ Tentative Plat ✓ Thornburgh Destination Resort —Tentative Plat & Site Plan ✓ Thornburgh Destination Resort —Quasi - Municipal Water right (4 applications) 31 CDD Work Plan 2022-23 / 2021 Annual Report 2021 Year 9n Review, rContinued The Planning Division processed two applicant -initiated Plan Amendment/Zone Changes and one zoning text amendment in 2021: ✓ Plan amendment and zone change for Exclusive Farm Use (EFU) property near 27th Street. ✓ Plan amendment and zone change for EFU property near the Bend Airport. ✓ Zoning text amendment to clarify slope setbacks in the Westside Transect Zone. Legislative Amendments The BOCC adopted: ✓ Guest Ranch /Subdivision Rood Design Amendments —Staff -initiated legislative amendments to update the guest ranch sunset clause consistent with changes to state law and correct existing_ regulations related to subdivision road design requirements. ✓ Housekeeping Am endments—Staff- in it i ate d legislative amendments to correct minor errors in the DCC. ✓ Marijuana Housekeeping Amendments —Staff -initiated legislative amendments to clarify existing regula- tions related to marijuana. ✓ Marijuana Retail/Annual Inspection Amendments— Staff -initiated legislative amendments to extend recre- ational marijuana retail hours of operation and modify annual reporting requirements for marijuana production businesses. ✓ Westside Tronsect Amendments— Applicant -initiated legislative amendments to clarify slope definition. 32 CDD Work Plan 2022-23 / 2021 Annual Report 2021 Year in Review, continued Grants Certified Local Government Grant Planning staff administered an 18-month $11,500 Certified Local Government (CLG) Grant from the State Historic Preservation Office (SHPO) to assist Deschutes County with its historic preservation programs. Technical Assistance Grant Planning staff completed an 18-month $12,000 Technical Assistance (TA) Grant from the Department of Land Conservation and Development (DLCD) to discuss WMAC recommendations and begin updating Goal 5 wildlife habitat inventories. Transportation Growth Management Grant Planning staff coordinated with the ODOT to execute a $75,000 Transportation and Growth Management (TGM) Grant to update the Tumalo Community Plan and implement the rural trails portion of the Sisters Country Vision Action Plan. Coordination with Other Jurisdictions, Agencies and Committees Bicycle and Pedestrian Advisory Committee BPAC met 12 times, commenting on regional Transportation System Plan (TSP) updates, trail connections between cities and recreation areas, bicycle and pedestrian safety issues and ODOT projects, among others. Cascade East Transit Served on stakeholder committee for Bend to Mt. Bachelor/Elk Lake Summer Shuttle. Oregon Department of Transportation Participated in Terrebonne Refinement Plan TAC; Parkway Facility Management Refinement Plan TAC; Wickiupjct. Refinement Plan (with City of La Pine); Bend US 97 North Corridor Planning; TAC for potential US 97 interchange slightly north of Bend; quarterly meetings �b with ODOT, Road Dept., and cities of Bend and Sisters to review traffic modeling needs; participated in ODOT Highway Safety Plan goal setting; stakeholder committee for ODOT study on wildlife passages for US 20 between Bend and Santiam Pass; and served as Central Oregon representative to Governor's Advisory Committee on Motorcycle Safety. Deschutes River Mitigation and Enhancement Committee Convened a Deschutes River Mitigation and Enhancement Committee meeting to receive updates from ODFW and Central Oregon Irrigation District (COID). 33 CDD Work Plan 2022-23 / 2021 Annual Report 2021 Year in Review, continued Coordination with Other Jurisdictions, Agencies and Committees City of Rend —Coordinated With City staff regarding: - Bend Airport Master Plan. - Bend Urban Growth Boundary (UGB) Amendment / HB 4079 / Affordable Housing Project. - RFP for Real Property Disposition and Development for Simpson Property. - Bend Metropolitan Planning Organization TAC. City o f i a Fine Coo rAinateA w;+-k ('i+�, r-+- FF r., r,r-r.d�r. rt• `�rb� v� `a r���c--�vvl ull laLcu vvlu I I.Icy �Lall I csal un 16. - Land use applications for effects on county road system. - Wickiupjunction Refinement Plan. - Preparing TGM grant to update the master plan for County -owned property in the Newberry Neighborhood. - RFPs for Real Property Disposition and Development for Newberry Neighborhood Quadrant 2a and 2d. City of Redmond —Coordinated with City staff regarding: - Redmond UGB Amendment / HB 236 / Affordable Housing Pilot Project. City of Sisters —Coordinated with City staff regarding: - Implementing Sisters Country Vision Plan. Deschutes County - Participated in Special Transit Funding Advisory Committee to review grant applications and award funds for transit providers and social service agencies. - Convened a Cannabis Advisory Panel per HB 3295. - Provided updates to BOCC regarding Non -resource lands, Natural Resource Stewardship Position, SB 391 (Rural ADUs), SB 762 (Micllll e IV L16dliul I), Wildlife inventories pi oduCed by OiD '4V, and dark skies project. - Provide updated to BOCC for RV park, manufactured home park, and carnpgrourid exparisioris, and Agri -tourism opportuiiiLies. 34 CDD Work Plan 2022-23 / 2021 Annual Report 2022-23 Work Plan Projects Development Review • Respond to phone and email customer inquiries within 48 to 72 hours. • Issue all administrative (staff) decisions for land use actions that do not require prior notice within 21 days of determination of a complete application. • Issue all administrative (staff) decisions for land use actions requiring prior notice within 45 days of determination of a complete application. • Process Hearings Officer decisions for land use actions and potential appeals to the BOCC within 150 days per State law. • Develop websites accessible to the public to view records associated with complex land use applications. • Develop an interactive map for the Bend Airport that links land use approvals to specific structures and hangars. • Develop an interactive map for destination resorts that links land use approvals to specific phases. Comprehensive Plan Update • Administer a multi -year process to update the Comprehensive Plan. • Engage Terrebonne and Newberry Country residents to determine if community plans, goals, and policies meet the current and future needs of the area and whether there is an interest and readiness for a community plan update. Natural Resources • Natural Hazards —Develop a work plan to amend the Comprehensive Plan and County Code requiring defensible space and fire-resistant building materials per SB 762 (2021, Wildfire Mitigation). • Wildlife Inventories —Amend the Comprehensive Plan and Zoning Code to incorporate a new mule deer winter range inventory from ODFW. • Sage Grouse —Participate as a cooperating agency with the Bureau of Land Management (BLM) to evaluate alternative management approaches to contribute to the conservation of the Greater Sage - grouse and sagebrush habitats on federal lands. Transportation Growth Management (TGM) Grant • Update the Tumalo Community Plan. • Implement the rural trails portion of the Sisters Country Vision Action Plan. Transportation Planning • Amend Comprehensive Plan to incorporate TSP update in coordination with Road Department and ODOT. • Process Road Naming requests associated with certain types of development on a semi-annual basis. 35 CDD Work Plan 2022-23 / 2021 Annual Report 2022=23 Work Plan Projects, Continued • _MITTZ e ® Amend the City of Bend UGB and County zoning to implement HB 4079, affordable housing project. • Adopt the Bend Airport Master Plan (BAMP) and amend the County's Comprehensive Plan and Development Code to incorporate the updated BAMP and implementation measures to allow new airport -related businesses. ® Coordinate with City of Bend on growth management issues, including technical analyses related to housing and employment needs. City of La Pine Coordination ® Participate with Property Management and the City of La Pine process to update and amend the County - owned Newberry Neighborhood comprehensive plan designations, master plan and implementing regulation. City of Redmond Coordination • Coordinate with City of Redmond to implement their Comprehensive Plan update. • Coordinate with City of Redmond and Central Oregon Intergovernmental Council on CORES, multi - stakeholder regional emergency coordination center. • 7 e • Participate in the implementation of Sisters Country Vision Plan and City of Sisters Comprehensive Plan Update. 36 CDD Work Plan 2022-23 / 2021 Annual Report 2022-23 Work Plan Projects, continued Growth Management Committees • Coordinate and/or participate on Deschutes County BPAC, Project Wildfire, and Mitigation and Enhancement Committee. Historic Preservation —Certified Local Government Grant Administer the 2021-2022 CLG Grant from the SHPO. • Apply for 2023-2024 CLG Grant, including coordination with the Historic Landmarks Commission and the City of Sisters on priority projects to include in the grant proposal. Housekeeping Amendments • Initiate housekeeping amendments to ensure County Code complies with State law. Housing Strategies • Amend County Code to implement SB 391, Rural ADUs. • Amend County Code to remove barriers to the placement of small manufactured homes that otherwise meet building code specifications. • Amend County Code to repeal Conventional Housing Combining Zone. • Amend County Code to define family for unrelated persons HB 2538, Non -familial Individuals • Explore options and approaches to address rural housing and homelessness as allowed under State law. • Monitor Terrebonne and Tumalo Sewer Feasibility Studies. Legislative Session (2022-23) • Participate in legislative or rulemaking work groups to shape State laws to benefit Deschutes County. Planning Commission Coordination • Coordinate with the BOCC to establish strategic directions for the Planning Commission. 37 CDD Work Plan 2022-23 / 2021 Annual Report Zoning Text Amendments • Minor variance 10% lot area rule for farm and forest zoned properties. • Outdoor Mass Gatherings to be addressed more thoroughly. • Re -platting. • Sign code to become consistent with federal law. • Accessory structure amendments clarifying they must be built concurrent with or after the establish- ment of a primary residence. Specify allowed facilities (baths, cook tops, wet bar) in residential accesso- ry structures. • Section 6409(a) of the Spectrum Act (Wireless Telecommunication Amendments). • In conduit hydroelectric generation code amendments. Revisit Amateur Radio Tower regulations. Staff Directory Will Groves Planning Manager; (541) 388-6518 William.Groves@deschutes.org Anfiliony Raguine Principa(R anner (541 j 617-4739 Anthony:Raguine@deschutes.org Brooke Clark Administrative Assistant (541;) 617-4707 Brooke.Clark@deschutes.org Kyle Collins ,:. Associate Planner' (541) 383-4427 Kyle.Coll(ns@c(eschutes:org i]aniJi"J(arZo Assistant Planner (541-)330-4620 Danitel.DiMarzo@-Uleschutes.org Carafine House Sentar Planner , (541) 388'-6667 ;i CardlEne House@deschutes;o"rg Avery Johnson Assistant Planner (541) 385-1704 Averyjohnson@deschutes.org Haleigh K`rrg Assc?c�ate Planner (54.')383=6710 Hale�gh King@clesehutes oig Nathaniel Miller Associate Planner ` (541) 317-3164 Nathaniel. Miller@deschutes.org 38 CDD Work Plan 2022-23 % 2021 Annual Report 2021 Statewide Planning Goal 1, Citizen Involvement, requires cities and counties to create a citizen involvement program that provides opportunities for community participation in land use planning processes and decisions. Land use legislation, policies and implementation measures made by Oregonians nearly 50 years ago helped shape Oregon's urban and rural environments. Likewise, choices made today will ultimately shape these areas in the future. Successful land use planning occurs through an open and public process that provides room for information gathering, analysis and vigorous debate. Deschutes County's Community Involvement program is defined in Section 1.2 of the Comprehensive Plan. This chapter identifies the County Planning Commission as the committee for citizen involvement. It also contains the County's Community Involvement goal and corresponding five policies that comply with Goal 1. This report briefly discusses the noteworthy community involvement actions undertaken by the Planning Division in 2021. The report is intended to provide county residents and stakeholders with a tool to assess its effectiveness and offer additional suggestions the County can utilize to ensure that its diverse communities remain actively involved in land use planning discussions. 39 CDD Work Plan 2022-23 / 2021 Annual Report The Planning Commission convened 21 times to consider: ✓ CDD FY 2021-22 Annual Report & Work Plan ✓ Dark Skies Update ✓ Deschutes County Noxious Weed Program ✓ Deschutes 2040—Orientation to Statewide Planning Goal 8 ✓ Deschutes 2040—Orientation to Statewide Planning Goal 9 ✓ Deschutes 2040—Orientation to Statewide Planning Goals 10, 11, 13 and 14. ✓ DLCD TA Grant / Update / Progress Report ✓ Guest Ranch and Title 17 Amendments ✓ Hemp and Title 17 Amendments ✓ Hemp Panel Discussion ✓ joint BOCC / Planning Commission Work Session ✓ Marijuana Housekeeping Amendments ✓ Marijuana Retail and Annual Reporting Text Amendments ✓ Natural Resource Stewardship Position ✓ Planning Division Work Plan Update ✓ Rural Economic Development Discussion ✓ Rural Economic Development Opportunities Panel Discussion ✓ SIB 391—Rural ADU Legislation ✓ TGM Grant Update ✓ TSP Update I lalu Roundabout Update ✓ Water Panel Discussion and Preparation ✓ Westside Transect Amendment ✓ Wildlife Inventory Update & Virtual Open Houses ✓ Wildfire Mitigation Amendments and SB 762 40 CDD Work Plan 2022-23 % 2021 Annual Report 2021 Historic Landmarks Commission Convened 4 times in 2021 to consider: ✓ Camp Polk Pioneer Cemetery ✓ CDD FY 2021-22 Annual Report & Work Plan ✓ Certified Local Government Grant Application ✓ City of Sisters Check -In ✓ Field Trip Discussion ✓ Historic Landmarks Commission Policies and Procedures Manual ✓ Regional Coordination ✓ Updates from Bend and Redmond Historic Landmarks Commission 41 CDD Work Plan 2022-23 / 2021 Annual Report MEETING DATE: June 1, 2022 SUBJECT: Measure 109 / Psilocybin BACKGROUND AND POLICY IMPLICATIONS: The purpose of this item is to: a) Provide an introduction to Measure 109 - legalization of psilocybin; b) Discuss its relevance to land use in Deschutes County; c) Discuss upcoming rulemaking; and d) Begin the discussion of options for Board of County Commissioners (Board) consideration moving forward. BUDGET IMPACTS: None ATTENDANCE: Tanya Saltzman, Senior Planner Will Groves, Planning Manager Peter Gutowsky, Director COMMUNITY 4 .ems. TO: Deschutes County Board of Commissioners FROM: Tanya Saltzman, AICP, Senior Planner DATE: May 25, 2022 SUBJECT: Measure 109 / Psilocybin The purpose of this memorandum is to: a) Provide an introduction to Measure 109 - legalization of psilocybin; b) Discuss its relevance to land use in Deschutes County; c) Discuss upcoming rulemaking; and d) Begin the discussion of options for Board of County Commissioners (Board) consideration moving forward. A. Measure 109 On November 3, 2020, Oregon voters approved Ballot Measure 109, the Psilocybin Program Initiative. Statewide, Ballot Measure 109 passed with 1,270,057 votes (55.75%) to 1,008,199 (44.25%). In Deschutes County it passed with 63,841 votes (52.80%) to 57,064 (47.20%). • A "yes" vote directed the Oregon Health Authority to license and regulate the manufacturing, transportation, delivery, sale, and purchase of psilocybin products and the provision of psilocybin services to individuals 21 years of age or older. • A "no" vote opposed the creation of a psilocybin program, thus maintaining the state prohibition against the possession, manufacturing, and consumption of psilocybin. Section 1 of Measure 109 describes the intention of initiating the program: "(5) Studies conducted by nationally and internationally recognized medical institutions indicate that psilocybin has shown efficacy, tolerability, and safety in the treatment of a variety of mental health conditions, including but not limited to addiction, depression, anxiety disorders, and end of -life psychological distress; (6) The United States Food and Drug Administration has: (a) Determined that preliminary clinical evidence indicates that psilocybin may demonstrate substantial improvement over available therapies for treatment -resistant depression; and (b) Granted a Breakthrough Therapy designation for a treatment that uses psilocybin as a therapy for such depression." Administration and General Timeline Oregon Psilocybin Services is a new section housed within the Oregon Health Authority (OHA) Public Health Division's Center for Health Protection. The Oregon Psilocybin Services Section will implement Ballot Measure 109. The Oregon Psilocybin Services Section will begin accepting applications for licensure (more on this below) on January 2, 2023. Until that time, the Oregon Psilocybin Services Section is in a two-year development period, working to build the regulatory framework for psilocybin services. In April 2022, community members were invited by the OHA to provide comments on a subset of proposed rules related to products, testing, and training programs during the first public comment period. A second round of rulemaking in the fall will focus on the remainder of the rules. The remainder of rules will be posted and open for public comment in October, with all final rules adopted by December 31, 2022. Given that this will be the first psilocybin program in the United States (and therefore, there are no existing models to follow for land use or otherwise) and that rulemaking will not be finalized until December, staff is providing updates to the Board based on the most recent information available, while being cognizant that some elements will likely be created and refined as 2022 progresses. The original text of Measure 109 is provided as an attachment for reference, as well as a question and answer document produced by the OHA that was derived from their listening sessions in December 2021. Although many of the questions in that document do not pertain to land use, staff found the Q&A helpful as a general overview of the program. Types of Licenses OHA may issue four types of licenses: (1) Manufacturer of psilocybin products: the manufacture, planting, cultivation, growing, harvesting, production, preparation, propagation, compounding, conversion or processing of a psilocybin product, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the psilocybin product or labeling or relabeling of its container. (2) Operator of a psilocybin service center, an establishment: WX (a) At which administration sessions (a session held at a psilocybin service center at which a client purchases, consumes, and experiences the effects of a psilocybin product under the supervision of a psilocybin service facilitator) are held; and (b) At which other psilocybin services may be provided. These consist of services provided to a client before, during, and after the client's consumption of a psilocybin product, including: (a) A preparation session, a meeting with a client and a psilocybin service facilitator that must occur before the client participates in an administration session; (b) An administration session; and (c) An integration session, a meeting between a client and a psilocybin service facilitator that may occur after the client completes an administration session. (3) Facilitator of psilocybin services: an individual that facilitates the provision of psilocybin services in this state. (4) Tester of psilocybin products. Key Points Below are initial takeaways from staffs reading and preliminary research of Measure 109. Staff has also begun conversations with Association of Oregon Counties, legal counsel who are focusing on this matter, and individuals with experience with this industry and its clinical applications. General • Unlike with the recreational marijuana program, counties are automatically opted in to the psilocybin program. However, a governing body of a city or county may adopt ordinances to be referred to the electors of the city or county at the next statewide general election that prohibit the establishment of psilocybin production (cultivation), manufacturing (processing / edibles) or service centers (commercial land use). • If a county or city takes no action, it is automatically opted in to the program under the regulations established in Measure 109 and subsequent rulemaking. • A client, 21-years or older may purchase, possess, and consume a psilocybin product only at a psilocybin service center, and only under the supervision of a psilocybin service facilitator. • Counties may adopt "reasonable" time, place, and manner regulations; however, they cannot adopt separation distances that limit service centers greater than 1,000 feet from one another • The program requires counties to sign a Land Use Compatibility Statement (LUCS) that demonstrates that the requested license is for a land use that is allowable as a permitted or conditional use within the given zoning designation where the land is located. Production • Psilocybin-producing fungi is recognized as a crop for the purpose of a farm use, a farm, and farming practice. Therefore, it is permitted outright on Exclusive Farm Use (EFU) land and if a county chooses, it can also be recognized in other zones where farm or forest uses are allowed. • Counties may adopt "reasonable" time, place, and manner regulations. -3- • Psilocybin-producing fungi must be grown indoors. • Commercial activities in conjunction with farm use do not apply to growing psilocybin. However, the operation of a psilocybin service center may be carried on in conjunction with a psilocybin- producing fungi crop on Exclusive Farm Use land. Manufacturing • Psilocybin- manufacturing must take place indoors. • Counties may adopt "reasonable" time, place, and manner regulations. • Manufacturing may be carried on in conjunction with a psilocybin producing fungi crop. Service Centers • Service centers may not be located within 1,000 feet of elementary or secondary schools (500 feet if there is a physical or geographic barrier). • Service centers may not be located in municipalities on lands zoned exclusively for residential use. • Service centers may not be located in single family dwellings • Counties may adopt "reasonable" time, place, and manner regulations. • Service centers may be carried on in conjunction with a psilocybin producing fungi crop. • Facilitators are required to pass an OHA exam. Possessing a medical license is not required. • A psilocybin service center is not a health care facility subject to ORS chapter 441. B. Psilocybin and Land Use in Deschutes County Psilocybin production, manufacturing and service centers will have the most direct relevance to land use in Deschutes County. Given that service centers are not considered to be health care facilities, staff believes this presents several options of what a service center could look like, ranging from a relatively simple clinical setup similar to a doctor or therapist's office, to potentially a more retreat -oriented business that may involve an overnight stay and the integration of psilocybin production and manufacturing. Staff anticipates some of these details as well as those governing manufacturing will be determined through the rulemaking process. C. Rulemaking Measure 109 leaves many questions unanswered; many further details are slated to be determined in the rulemaking process, which will take place throughout the duration of 2022. The Oregon Psilocybin Advisory Board, which is comprised of fourteen to sixteen members with varying types of expertise outlined in Measure 109, will advise on numerous issues that will contribute to rulemaking. Those issues with the most significance to Deschutes County's decision -making include: • Recommendations to the authority on the requirements, specifications and guidelines for providing psilocybin services to a client • Recommendations to the authority on the education and training that psilocybin service facilitators must complete • Recommendations to the authority on public health and safety standards and industry best practices for holding and completing an administration session, including: -4- o Whether group administration sessions should be available; o Whether clients should be able to access common or outside areas on the premises of the psilocybin service center at which the administration session is held; o The circumstances under which an administration session is considered complete; and o The transportation needs of the client after the completion of the administration session. D. Next Steps This memorandum provides an introduction to the psilocybin program and touches on some of the issues staff anticipates the Board will need to consider in the near future. Staff will return to the Board in approximately two to four weeks to continue the discussion of psilocybin in Deschutes County. Soon, the Board will need to consider its preferred approach to psilocybin, including: 1. Allowing the program to proceed per Measure 109 and subsequent rulemaking; 2. Opting out and referring the matter to the voters in the next general election on November 8, 2022. This option would likely require initial coordination with the County Counsel and County Clerk by mid -August; or 3. Adopting time, place, and manner regulations for a psilocybin program to coincide with OHA accepting the first license applications on January 2, 2023. Because OHA rulemaking and, thus, key aspects of the program will likely not be known by the time any "opt out" choice would need to be referred to voters, the Board will potentially be placed in a difficult position of choosing to stay opted in by default, or to refer an opt out measure to the voters without knowing key aspects of the program. Staff continues to engage in dialogue with other counties, industry representatives, and lawmakers to help inform the Board, Planning Commission, Community Development divisions, other departments, and the public on the details of this significant new undertaking. Attachments: 1. Measure 109 text 2. Oregon Health Authority Q&A summary -5- AN ACT Be It Enacted by the People of the State of Oregon: SECTION 1. Findings. The People of the State of Oregon find that: RECEIVED 2 Jul 2019 4:39 PM ELECTIONS DIVISION SECRETARY OF STATE (1) Oregon has the one of the highest prevalence of mental illness among adults in the nation; (2) An estimated one in every five adults in Oregon is coping with a mental health condition; (3) The Governor has declared addiction as a public health crisis in this state; (4) The 2019-2021 Governor's Budget proposes spending over $2.8 billion on mental health and behavioral health programs; (5) Studies conducted by nationally and internationally recognized medical institutions indicate that psilocybin has shown efficacy, tolerability, and safety in the treatment of a variety of mental health conditions, including but not limited to addiction, depression, anxiety disorders, and end - of -life psychological distress; (6) The United States Food and Drug Administration has: (a) Determined that preliminary clinical evidence indicates that psilocybin may demonstrate substantial improvement over available therapies for treatment -resistant depression; and (b) Granted a Breakthrough Therapy designation for a treatment that uses psilocybin as a therapy for such depression; (7) The Oregon Health Authority has direct supervision of all matters relating to the preservation of life and health of the people of this state; (8) During a two-year program development period, the authority should: (a) Examine, publish, and distribute to the public available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin in treating mental health conditions; and (b) Adopt rules and regulations for the eventual implementation of a comprehensive regulatory framework that will allow persons 21 years of age and older in this state to be provided psilocybin services; and (9) An advisory board should be established within the authority for the purpose of advising and making recommendations to the authority. SECTION 2. Purposes of this 2020 Act. (1) The People of the State of Oregon declare that the purposes of this 2020 Act are: (a) To educate the people of this state about the safety and efficacy of psilocybin in treating mental health conditions; (b) To reduce the prevalence of mental illness among adults in this state, and to improve the physical, mental, and social well-being of all people in this state; (c) To develop a long-term strategic plan for ensuring that psilocybin services will become and remain a safe, accessible and affordable therapeutic option for all persons 21 years of age and older in this state for whom psilocybin may be appropriate; (d) To protect the safety, welfare, health and peace of the people of this state by prioritizing this state's limited law enforcement resources in the most effective, consistent and rational way; and (e) After a two-year program development period, to: (A) Permit persons licensed, controlled and regulated by this state to legally manufacture psilocybin products and provide psilocybin services to persons 21 years of age and older, subject to the provisions of this 2020 Act; and (B) Establish a comprehensive regulatory framework concerning psilocybin products and psilocybin services under state law. (2) The People of the State of Oregon intend that the provisions of this 2020 Act, together with other provisions of state law, will: (a) Prevent the distribution of psilocybin products to other persons who are not permitted to possess psilocybin products under the provisions of sections 3 to 129 of this 2020 Act and rules adopted under sections 3 to 129 of this 2020 Act, including but not limited to persons under 21 years of age; and (b) Prevent the diversion of psilocybin products from this state to other states. SECTION 3. Short title. Sections 3 to 129 of this 2020 Act shall be known and may be cited as the Oregon Psilocybin Services Act. SECTION 4. Construction. Sections 3 to 129 of this 2020 Act may not be construed: (1) To require a government medical assistance program or private health insurer to reimburse a person for costs associated with the use of psilocybin products; (2) To amend or affect state or federal law pertaining to employment matters; (3) To amend or affect state or federal law pertaining to landlord -tenant matters; (4) To prohibit a recipient of a federal grant or an applicant for a federal grant from prohibiting the manufacture, delivery, possession or use of psilocybin products to the extent necessary to satisfy federal requirements for the grant; (5) To prohibit a party to a federal contract or a person applying to be a party to a federal contract from prohibiting the manufacture, delivery, possession or use of psilocybin products to the extent necessary to comply with the terms and conditions of the contract or to satisfy federal requirements for the contract; (6) To require a person to violate a federal law; (7) To exempt a person from a federal law or obstruct the enforcement of a federal law; or (8) To amend or affect state law, to the extent that a person does not manufacture, deliver, or possess psilocybin products in accordance with the provisions of sections 3 to 129 of this 2020 Act and rules adopted under sections 3 to 129 of this 2020 Act. SECTION 5. Definitions. As used in sections 3 to 129 of this 2020 Act: (1) "Administration session" means a session held at a psilocybin service center at which a client purchases, consumes, and experiences the effects of a psilocybin product under the supervision of a psilocybin service facilitator. (2) "Client" means an individual that is provided psilocybin services in this state. (3) "Integration session" means a meeting between a client and a psilocybin service facilitator that may occur after the client completes an administration session. (4) "Legal entity" means a corporation, limited liability company, limited partnership, or other legal entity that is registered with the office of the Secretary of State or with a comparable office of another jurisdiction. (5) "Licensee" means a person that holds a license issued under section 23, 26, 30 or 97 of this 2020 Act. (6) "Licensee representative" means an owner, director, officer, manager, employee, agent or other representative of a licensee, to the extent that the person acts in a representative capacity. (7) "Manufacture" means the manufacture, planting, cultivation, growing, harvesting, production, preparation, propagation, compounding, conversion or processing of a psilocybin product, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the psilocybin product or labeling or relabeling of its container. (8)(a) "Premises" includes the following areas of a location licensed under sections 3 to 129 of this 2020 Act: (A) All public and private enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, rest rooms and storerooms; (B) All areas outside a building that the Oregon Health Authority has specifically licensed for the manufacturing of psilocybin products or the operation of a psilocybin service center; and (C) For a location that the authority has specifically licensed for the operation of a psilocybin service center outside a building, that portion of the location used to operate the psilocybin service center and provide psilocybin services to clients. (b) "Premises" does not include a primary residence. (9) "Preparation session" means a meeting between a client and a psilocybin service facilitator that must occur before the client participates in an administration session. (10) "Psilocybin" means psilocybin or psilocin. (11) "Psilocybin product manufacturer" means a person that manufactures psilocybin products in this state. (12)(a) "Psilocybin products" means: (A) Psilocybin-producing fungi; and (B) Mixtures or substances containing a detectable amount of psilocybin. (b) "Psilocybin products" does not include psilocybin services. (13) "Psilocybin service center" means an establishment: (a) At which administration sessions are held; and (b) At which other psilocybin services may be provided. (14) "Psilocybin service center operator" means a person that operates a psilocybin service center in this state. (15) "Psilocybin service facilitator" means an individual that facilitates the provision of psilocybin services in this state. (16) "Psilocybin services" means services provided to a client before, during, and after the client's consumption of a psilocybin product, including: (a) A preparation session; (b) An administration session; and (c) An integration session. (17) "Two-year program development period" means the period beginning on January 1, 2021 and ending no later than December 31, 2022. OREGON PSILOCYBIN ADVISORY BOARD SECTION 6. Members; terms; meetings; compensation. (1)(a) The Oregon Psilocybin Advisory Board is established within the Oregon Health Authority for the purpose of advising and making recommendations to the authority. The Oregon Psilocybin Advisory Board shall consist of: (A) Fourteen to sixteen members appointed by the Governor as specified in paragraph (b) of this subsection; (B) The Public Health Director or the Public Health Director's designee; (C) If the Public Health Director is not the State Health Officer, the State Health Officer or a physician licensed under ORS chapter 677 acting as the State Health Officer's designee; (D) If the Public Health Director is the State Health Officer, a representative from the Oregon Health Authority who is familiar with public health programs and public health activities in this state; and (E) A designee of the Oregon Health Policy Board. (b) The Governor shall appoint the following individuals to the board: (A) Any four of the following: (i) A state employee who has technical expertise in the field of public health; (ii) A local health officer, as defined in ORS 431.003; (iii) An individual who is a member of, or who represents, a federally recognized Indian tribe in this state; (iv) An individual who is a member of, or who represents, the Addictions and Mental Health Planning and Advisory Council within the authority; (v) An individual who is a member of, or who represents, the Health Equity Policy Committee within the authority; (vi) An individual who is a member of, or who represents, the Palliative Care and Quality of Life Interdisciplinary Advisory Council within the authority; and (vii) An individual who represents individuals who provide public health services directly to the public; (B) A psychologist licensed under ORS chapter 675 who has professional experience engaging in the diagnosis or treatment of a mental, emotional, or behavioral condition; (C) A physician licensed under ORS chapter 677 who holds a degree of Doctor of Medicine; (D) A naturopathic physician licensed under ORS chapter 685; (E) An expert in the field of public health who has a background in academia; (F) Any three of the following: (i) A person who has professional experience conducting scientific research regarding the use of psychedelic compounds in clinical therapy; (ii) A person who has experience in the field of mycology; (iii) A person who has experience in the field of ethnobotany; (iv) A person who has experience in the field of psychopharmacology; and (v) A person who has experience in the field of psilocybin harm reduction; (G) A person representing the Oregon Liquor Control Commission who has experience working with the system developed and maintained by the commission under ORS 475B.177 for tracking the transfer of marijuana items; (H) A person representing the Oregon Department of Justice; and (I) The following: (i) During the two-year program development period: (I) One of the chief petitioners of this 2020 Act; and (II) One or two at -large members; and (ii) After the two-year program development period, one, two, or three at -large members. (2)(a) The term of office for a board member appointed under this section is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on January 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term. (b) Members of the board described in subsection (1)(a)(B) to (E) of this section are nonvoting ex officio members of the board. (3) A majority of the voting members of the board constitutes a quorum for the transaction of business. (4) Official action by the board requires the approval of a majority of the voting members of the board. (5) The board shall elect one of its voting members to serve as chairperson. (6) During the two-year program development period, the board shall meet at least once every two calendar months at a time and place determined by the chairperson or a majority of the voting members of the board. After the two-year program development period, the board shall meet at least once every calendar quarter at a time and place determined by the chairperson or a majority of the voting members of the board. The board also may meet at other times and places specified by the call of the chairperson or of a majority of the voting members of the board. (7) The board may adopt rules necessary for the operation of the board. (8) The board may establish committees and subcommittees necessary for the operation of the board. (9) Members of the board are entitled to compensation and expenses as provided in ORS 292.495. SECTION 7. Duties of Oregon Psilocybin Advisory Board. The Oregon Psilocybin Advisory Board shall: (1) Provide advice to the Oregon Health Authority with respect to the administration of sections 3 to 129 of this 2020 Act; (2) Make recommendations to the authority on available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin in treating mental health conditions, including but not limited to addiction, depression, anxiety disorders, and end -of -life psychological distress; (3) Make recommendations to the authority on the requirements, specifications and guidelines for providing psilocybin services to a client, including: (a) The requirements, specifications and guidelines for holding and verifying the completion of a preparation session, an administration session, and an integration session; and (b) The contents of the client information form that a client must complete and sign before the client participates in an administration session, giving particular consideration to: (A) The information that should be solicited from the client to determine whether the client should participate in the administration session, including information that may identify risk factors and contraindications; (B) The information that should be solicited from the client to assist the psilocybin service center operator and the psilocybin service facilitator in meeting any public health and safety standards and industry best practices during the administration session; and (C) The health and safety warnings and other disclosures that should be made to the client before the client participates in the administration session. (4) Make recommendations to the authority on public health and safety standards and industry best practices for each type of licensee under sections 3 to 129 of this 2020 Act; (5) Make recommendations to the authority on the formulation of a code of professional conduct for psilocybin service facilitators, giving particular consideration to a code of ethics; (6) Make recommendations to the authority on the education and training that psilocybin service facilitators must complete: (a) Giving particular consideration to: (A) Facilitation skills that are affirming, non -judgmental, and non -directive; (B) Support skills for clients during an administration session, including specialized skills for: (i) Client safety; and (ii) Clients who may have a mental health condition; (C) The environment in which psilocybin services should occur; and (D) Social and cultural considerations; and (b) Including whether such education and training should be available through online resources; (7) Make recommendations to the authority on the examinations that psilocybin service facilitators must pass; (8) Make recommendations to the authority on public health and safety standards and industry best practices for holding and completing an administration session, including: (a) Whether group administration sessions should be available; (b) Whether clients should be able to access common or outside areas on the premises of the psilocybin service center at which the administration session is held; (c) The circumstances under which an administration session is considered complete; and (d) The transportation needs of the client after the completion of the administration session; (9) Develop a long-term strategic plan for ensuring that psilocybin services will become and remain a safe, accessible and affordable therapeutic option for all persons 21 years of age and older in this state for whom psilocybin may be appropriate; (10) Monitor and study federal laws, regulations and policies regarding psilocybin; and (11) Attempt to meet with the United States Attorney's Office for the District of Oregon to discuss this 2020 Act and potential federal enforcement policies regarding psilocybin in Oregon after the expiration of the two-year program development period. POWERS AND DUTIES OF OREGON HEALTH AUTHORTY SECTION 8. General powers and duties; rules. (1) The Oregon Health Authority has the duties, functions and powers specified in sections 3 to 129 of this 2020 Act and the powers necessary or proper to enable the authority to carry out the authority's duties, functions and powers under sections 3 to 129 of this 2020 Act. The jurisdiction, supervision, duties, functions and powers of the authority extend to any person that produces, processes, transports, delivers, sells or purchases a psilocybin product in this state or that provides a psilocybin service in this state. The authority may sue and be sued. (2) The duties, functions and powers of the authority specified in sections 3 to 129 of this 2020 Act include the following: (a) To examine, publish, and distribute to the public available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin in treating mental health conditions, including but not limited to addiction, depression, anxiety disorders, and end -of -life psychological distress. (b) After the two-year program development period: (A) To regulate the manufacturing, transportation, delivery, sale and purchase of psilocybin products and the provision of psilocybin services in this state in accordance with the provisions of sections 3 to 129 of this 2020 Act; (B) To issue, renew, suspend, revoke or refuse to issue or renew licenses for the manufacturing or sale of psilocybin products, the provision of psilocybin services, or other licenses related to the consumption of psilocybin products, and to permit, in the authority's discretion, the transfer of a license between persons; and (C) To regulate the use of psilocybin products and psilocybin services for other purposes as deemed necessary or appropriate by the authority. (c) To adopt, amend or repeal rules as necessary to carry out the intent and provisions of sections 3 to 129 of this 2020 Act, including rules that the authority considers necessary to protect the public health and safety. (d) To exercise all powers incidental, convenient or necessary to enable the authority to administer or carry out the provisions of sections 3 to 129 of this 2020 Act or any other law of this state that charges the authority with a duty, function or power related to psilocybin products and psilocybin services. Powers described in this paragraph include, but are not limited to: (A) Issuing subpoenas; (B) Compelling the attendance of witnesses; (C) Administering oaths; (D) Certifying official acts; (E) Taking depositions as provided by law; (F) Compelling the production of books, payrolls, accounts, papers, records, documents and testimony; and (G) Establishing fees in addition to the application, licensing and renewal fees described in sections 23, 26, 30 and 97 of this 2020 Act, provided that any fee established by the authority is reasonably calculated not to exceed the cost of the activity for which the fee is charged. (e) To adopt rules prohibiting advertising psilocybin products to the public. (f) To adopt rules regulating and prohibiting advertising psilocybin services in a manner: (A) That is appealing to minors; (B) That promotes excessive use; (C) That promotes illegal activity; (D) That violates the code of professional conduct for psilocybin service facilitators formulated by the authority; or (E) That otherwise presents a significant risk to public health and safety. (3) The authority may not require that a psilocybin product be manufactured by means of chemical synthesis. (4) The authority may not require a client to be diagnosed with or have any particular medical condition as a condition to being provided psilocybin services. (5) Fees collected pursuant to subsection (2)(d)(G) of this section shall be deposited in the Psilocybin Control and Regulation Fund established under section 69 of this 2020 Act. SECTION 9. Authority to purchase, possess, seize, transfer to licensee or dispose of psilocybin products. Subject to any applicable provision of ORS chapter 183, the Oregon Health Authority may purchase, possess, seize, transfer to a licensee or dispose of psilocybin products as is necessary for the authority to ensure compliance with and enforce the provisions of sections 3 to 129 of this 2020 Act and any rule adopted under sections 3 to 129 of this 2020 Act. TWO-YEAR PROGRAM DEVELOPMENT PERIOD SECTION 10. No licenses. Unless the Legislative Assembly provides otherwise, the Oregon Health Authority may not issue any licenses under sections 3 to 129 of this 2020 Act during the two-year program development period. SECTION 11.Oregon Psilocybin Advisory Board; dates. (1) On or before February 28, 2021, the Governor shall appoint the individuals specified in subsection (1)(b) of section 6 of this 2020 Act to the Oregon Psilocybin Board. (2) On or before March 31, 2021, the board shall hold its first meeting at a time and place specified by the Governor. (3) On or before June 30, 2021, and from time to time after such date, the board shall submit its findings and recommendations to the Oregon Health Authority on available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin in treating mental health conditions, including but not limited to addiction, depression, anxiety disorders, and end -of -life psychological distress. (4) On or before June 30, 2022, the board shall submit its findings and recommendations: (a) For rules and regulations for the implementation of sections 3 to 129 of this 2020 Act; (b) For a long-term strategic plan for ensuring that psilocybin services will become and remain a safe, accessible and affordable therapeutic option for all persons 21 years of age and older in this state for whom psilocybin may be appropriate; and (c) With respect to federal laws, regulations and policies regarding psilocybin. SECTION 12.Oregon Health Authority; dates. (1) On or before July 31, 2021, and from time to time after such date, the Oregon Health Authority shall publish and distribute to the public available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin in treating mental health conditions, including but not limited to addiction, depression, anxiety disorders, and end - of -life psychological distress. (2) On or before December 31, 2022, the authority shall prescribe forms and adopt such rules and regulations as the authority deems necessary for the implementation of sections 3 to 129 of this 2020 Act. APPLICATION PROCESS AND LICENSES SECTION 13. Date. On or before January 2, 2023, the Oregon Health Authority shall begin receiving applications for the licensing of persons to: (1) Manufacture psilocybin products; (2) Operate a psilocybin service center; (3) Facilitate psilocybin services; and (4) Test psilocybin products. SECTION 14. Application process for all licensees; rules. (1) Except as provided in subsection (2) of this section, an applicant for a license or renewal of a license issued under sections 3 to 129 of this 2020 Act shall apply to the Oregon Health Authority in the form required by the authority by rule, showing the name and address of the applicant, location of the premises that is to be operated under the license and other pertinent information required by the authority. The authority may not issue or renew a license until the applicant has complied with the provisions of sections 3 to 129 of this 2020 Act and rules adopted under sections 3 to 129 of this 2020 Act. (2) The authority may reject any application that is not submitted in the form required by the authority by rule. The authority shall give applicants an opportunity to be heard if an application is rejected. A hearing under this subsection is not subject to the requirements for contested case proceedings under ORS chapter 183. (3) Except as provided in subsection (2) of this section, a revocation of, or a refusal to issue or renew, a license issued under sections 3 to 129 of this 2020 Act is subject to the requirements for contested case proceedings under ORS chapter 183. (4) An applicant for a facilitator license or renewal of a facilitator license issued under section 30 of this 2020 Act need not show the location of any premises. SECTION 15. Grounds for refusing to issue license or issuing restricted license. (1) The Oregon Health Authority may not license an applicant under the provisions of sections 3 to 129 of this 2020 Act if the applicant is under 21 years of age. (2) The authority may refuse to issue a license or may issue a restricted license to an applicant under the provisions of sections 3 to 129 of this 2020 Act if the authority makes a finding that the applicant: (a) Has not completed any education or training required by the provisions of sections 3 to 129 of this 2020 Act or rules adopted under sections 3 to 129 of this 2020 Act. (b) Has not passed any examination required by the provisions of sections 3 to 129 of this 2020 Act or rules adopted under sections 3 to 129 of this 2020 Act. (c) Is in the habit of using alcoholic beverages, habit-forming drugs, or controlled substances to excess. (d) Has made false statements to the authority. (e) Is incompetent or physically unable to carry on the management of the establishment proposed to be licensed. (f) Has been convicted of violating a federal law, state law or local ordinance if the conviction is substantially related to the fitness and ability of the applicant to lawfully carry out activities under the license. (g) Is not of good repute and moral character. (h) Does not have a good record of compliance with sections 3 to 129 of this 2020 Act or any rule adopted under sections 3 to 129 of this 2020 Act. (i) Is not the legitimate owner of the premises proposed to be licensed, or has not disclosed that other persons have ownership interests in the premises proposed to be licensed. (j) Has not demonstrated financial responsibility sufficient to adequately meet the requirements of the premises proposed to be licensed. (k) Is unable to understand the laws of this state relating to psilocybin products, psilocybin services, or the rules adopted under sections 3 to 129 of this 2020 Act. (3) Notwithstanding subsection (2)(f) of this section, in determining whether to issue a license or a restricted license to an applicant, the authority may not consider the prior conviction of the applicant or any owner, director, officer, manager, employee, agent or other representative of the applicant for: (a) The manufacture of psilocybin or the manufacture of a marijuana item, as defined in ORS 475B.015, if: (A) The date of the conviction is two or more years before the date of the application; and (B) The person has not been convicted more than once for the manufacture of psilocybin or a marijuana item; or (b) The possession of a controlled substance, as defined in ORS 475.005, or a marijuana item, as defined in ORS 47513.015, if: (A) The date of the conviction is two or more years before the date of the application; or (B) The person has not been convicted more than once for the possession of a controlled substance or a marijuana item. SECTION 16. Authority to require fingerprints of applicants and other individuals. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Health Authority may require the fingerprints of any individual listed on an application submitted under section 14 of this 2020 Act. The powers conferred on the authority under this section include the power to require the fingerprints of: (1) If the applicant is a limited partnership, each general partner of the limited partnership; (2) If the applicant is a manager -managed limited liability company, each manager of the limited liability company; (3) If the applicant is a member -managed limited liability company, each voting member of the limited liability company; (4) If the applicant is a corporation, each director and officer of the corporation; and (5) Any individual who holds a financial interest of 10 percent or more in the person applying for the license. SECTION 17. Properties of license. A license issued under sections 3 to 129 of this 2020 Act: (1) Is a personal privilege. (2) Is renewable in the manner provided in section 14 of this 2020 Act, except for a cause that would be grounds for refusal to issue the license under section 15 of this 2020 Act. (3) Is revocable or suspendible as provided in section 64 of this 2020 Act. (4) Except for a license issued to a psilocybin service facilitator under section 30 of this 2020 Act, is transferable from the premises for which the license was originally issued to another premises subject to the provisions of sections 3 to 129 of this 2020 Act, applicable rules adopted under sections 3 to 129 of this 2020 Act and applicable local ordinances. (5) If the license was issued to an individual, expires upon the death of the licensee, except as provided in section 51 of this 2020 Act. (6) Does not constitute property. (7) Is not alienable. (8) Is not subject to attachment or execution. (9) Does not descend by the laws of testate or intestate devolution. SECTION 18 Duties of Oregon Health Authority with respect to issuing licenses. (1) The Oregon Health Authority shall approve or deny an application to be licensed under sections 3 to 129 of this 2020 Act. Upon receiving an application under section 14 of this 2020 Act, the authority may not unreasonably delay processing, approving or denying the application or, if the application is approved, issuing the license. (2) The licenses described in sections 3 to 129 of this 2020 Act must be issued by the authority, subject to the provisions of sections 3 to 129 of this 2020 Act and rules adopted under sections 3 to 129 of this 2020 Act. (3) The authority may not license a premises that does not have defined boundaries. A premises does not need to be enclosed by a wall, fence or other structure, but the authority may require a premises to be enclosed as a condition of issuing or renewing a license. The authority may not license a mobile premises. SECTION 19. Duty to request land use compatibility statement. (1) Prior to receiving a license under section 23 or 26 of this 2020 Act, an applicant shall request a land use compatibility statement from the city or county that authorizes the land use. The land use compatibility statement must demonstrate that the requested license is for a land use that is allowable as a permitted or conditional use within the given zoning designation where the land is located. The Oregon Health Authority may not issue a license if the land use compatibility statement shows that the proposed land use is prohibited in the applicable zone. (2) Except as provided in subsection (3) of this section, a city or county that receives a request for a land use compatibility statement under this section must act on that request within 21 days of: (a) Receipt of the request, if the land use is allowable as an outright permitted use; or (b) Final local permit approval, if the land use is allowable as a conditional use. (3) A city or county that receives a request for a land use compatibility statement under this section is not required to act on that request during the period that the authority discontinues licensing those premises pursuant to section 128(4) of this 2020 Act. (4) A city or county action concerning a land use compatibility statement under this section is not a land use decision for purposes of ORS chapter 195, 196, 197, 215 or 227. LICENSEES IN GENERAL SECTION 20. Lawful manufacture, delivery, and possession of psilocybin products. Licensees and licensee representatives may manufacture, deliver and possess psilocybin products subject to the provisions of sections 3 to 129 of this 2020 Act and rules adopted under sections 3 to 129 of this 2020 Act. The manufacture, delivery or possession of psilocybin products by a licensee or a licensee representative in compliance with sections 3 to 129 of this 2020 Act and rules adopted under sections 3 to 129 of this 2020 Act does not constitute a criminal or civil offense under the laws of this state. SECTION 21. Restriction on financial interests in multiple licensees. An individual may not have a financial interest in: (1) More than one psilocybin product manufacturer; or (2) More than five psilocybin service center operators. SECTION 22. Authority to hold multiple licenses. Subject to section 21 of this 2020 Act: (1) A person may hold multiple service center operator licenses under section 26 this 2020 Act; and (2) A person may hold both a manufacturer license under section 23 this 2020 Act and a service center operator license under section 26 this 2020 Act at the same or different premises. LICENSE TO MANUFACTURE PSILOCYBIN PRODUCTS SECTION 23 Manufacturer license• fees• rules. (1) The manufacture of psilocybin products is subject to regulation by the Oregon Health Authority. (2) A psilocybin product manufacturer must have a manufacturer license issued by the authority for the premises at which the psilocybin products are manufactured. To hold a manufacturer license issued under this section, a psilocybin product manufacturer: (a) Must apply for a license in the manner described in section 14 of this 2020 Act; (b) Must provide proof that the applicant is 21 years of age or older; (c) Must, until January 1, 2025: (A) If the direct owner of the business operating or to be operated under the license is a legal entity, provide proof that more than 50 percent of the shares, membership interests, partnership interests, or other ownership interests of the legal entity are held, directly or indirectly, by one or more individuals who have been residents of this state for two or more years; (B) If the direct owner of the business operating or to be operated under the license is a partnership that is not a legal entity, provide proof that more than 50 percent of the partnership interests of the partnership are held, directly or indirectly, by one or more individuals who have been residents of this state for two or more years; and (C) If the direct owner of the business operating or to be operated under the license is an individual, provide proof that the individual has been a resident of this state for two or more years; and (d) Must meet the requirements of any rule adopted by the authority under subsections (3) and (4) of this section. (3)(a) If the applicant is not the owner of the premises at which the psilocybin is to be manufactured, the applicant shall submit to the authority signed informed consent from the owner of the premises to manufacture psilocybin at the premises. (b) The authority may adopt rules regarding the informed consent described in this subsection. (4) The authority shall adopt rules that: (a) Require a psilocybin product manufacturer to annually renew a license issued under this section; (b) Establish application, licensure and renewal of licensure fees for psilocybin product manufacturers; and (c) Require psilocybin products manufactured by psilocybin product manufacturers to be tested in accordance with section 96 of this 2020 Act. (5) Fees adopted under subsection (4)(b) of this section: (a) May not exceed, together with other fees collected under sections 3 to 129 of this 2020 Act, the cost of administering sections 3 to 129 of this 2020 Act; and (b) Shall be deposited in the Psilocybin Control and Regulation Fund established under section 69 of this 2020 Act. SECTION 24. Psilocybin Product manufacturers; endorsements. (1) The Oregon Health Authority shall adopt rules that designate different types of manufacturing activities. A psilocybin product manufacturer may only engage in a type of manufacturing activity if the psilocybin product manufacturer has received an endorsement from the authority for that type of manufacturing activity. (2) An applicant must request an endorsement upon submission of an initial application but may also request an endorsement at any time following licensure. (3) Only one application and license fee is required regardless of how many endorsements an applicant or licensee requests or at what time the request is made. (4) A psilocybin product manufacturer licensee may hold multiple endorsements. (5) The authority may deny a psilocybin product manufacturer's request for an endorsement or revoke an existing endorsement if the psilocybin product manufacturer cannot or does not meet the requirements for the endorsement that is requested. If the authority denies or revokes approval the psilocybin product manufacturer has a right to a hearing under the procedures of ORS chapter 183. SECTION 25. Psilocvbin product quantities; rules. The Oregon Health Authority shall adopt rules restricting the quantities of psilocybin products at premises for which a license has been issued under section 23 of this 2020 Act. In adopting rules under this section, the authority shall take into consideration the demand for psilocybin services in this state, the number of psilocybin product manufacturers applying for a license under section 23 of this 2020 Act, the number of psilocybin product manufacturers that hold a license issued under section 23 of this 2020 Act and whether the availability of psilocybin products in this state is commensurate with the demand for psilocybin services. LICENSE TO OPERATE PSILOCYBIN SERVICE CENTER SECTION 26. Service center operator license; fees; rules. (1)(a) The operation of a psilocybin service center is subject to regulation by the Oregon Health Authority. (b) A psilocybin service center is not a health care facility subject to ORS chapter 441. (2) A psilocybin service center operator must have a service center operator license issued by the authority for the premises at which psilocybin services are provided. To hold a service center operator license under this section, a psilocybin service center operator: (a) Must apply for a license in the manner described in section 14 of this 2020 Act; (b) Must provide proof that the applicant is 21 years of age or older; (c) Must, until January 1, 2025: (A) If the direct owner of the business operating or to be operated under the license is a legal entity, provide proof that more than 50 percent of the shares, membership interests, partnership interests, or other ownership interests of the legal entity are held, directly or indirectly, by one or more individuals who have been residents of this state for two or more years; (B) If the direct owner of the business operating or to be operated under the license is a partnership that is not a legal entity, provide proof that more than 50 percent of the partnership interests of the partnership are held, directly or indirectly, by one or more individuals who have been residents of this state for two or more years; and (C) If the direct owner of the business operating or to be operated under the license is an individual, provide proof that the individual has been a resident of this state for two or more years; (d) Must ensure that the psilocybin service center is located in an area that is not: (A) Within the limits of an incorporated city or town; and (B) Zoned exclusively for residential use; (e) Except as provided in section 27 of this 2020 Act, must ensure that the psilocybin service center is not located within 1,000 feet of: (A) A public elementary or secondary school for which attendance is compulsory under ORS 339.020; or (B) A private or parochial elementary or secondary school, teaching children as described in ORS 339.030 (1)(a); and (f) Must meet the requirements of any rule adopted by the authority under subsection (3) of this section. (3) The authority shall adopt rules that: (a) Require a psilocybin service center operator to annually renew a license issued under this section; (b) Establish application, licensure and renewal of licensure fees for psilocybin service center operators; (c) Require psilocybin products sold by a psilocybin service center operator to be tested in accordance with section 96 of this 2020 Act; and (d) Require a psilocybin service center operator to meet any public health and safety standards and industry best practices established by the authority by rule. (4) Fees adopted under subsection (3)(b) of this section: (a) May not exceed, together with other fees collected under sections 3 to 129 of this 2020 Act, the cost of administering sections 3 to 129 of this 2020 Act; and (b) Shall be deposited in the Psilocybin Control and Regulation Fund established under section 69 of this 2020 Act. SECTION 27 Proximity of psilocybin service center to school. Notwithstanding subsection 2(e) of section 26 of this 2020 Act, a psilocybin service center may be located within 1,000 feet of a school if: (1) The psilocybin service center is not located within 500 feet of: (a) A public elementary or secondary school for which attendance is compulsory under ORS 339.020; or (b) A private or parochial elementary or secondary school, teaching children as described in ORS 339.030 (1)(a); and (2) The Oregon Health Authority determines that there is a physical or geographic barrier capable of preventing children from traversing to the premises of the psilocybin service center. SECTION 28. Establishment of school after issuance of license. If a school described in subsection 2(e) of section 26 of this 2020 Act that has not previously been attended by children is established within 1,000 feet of a premises for which a license has been issued under section 26 of this 2020 Act, the psilocybin service center operator located at that premises may remain at that location unless the Oregon Health Authority revokes the license of the psilocybin service center operator under section 64 of this 2020 Act. SECTION 29 Requirement to verify person's age; rules. The Oregon Health Authority may adopt rules establishing the circumstances under which the authority may require a psilocybin service center operator that holds a license issued under section 26 of this 2020 Act to use an age verification scanner or any other equipment used to verify a person's age for the purpose of ensuring that the psilocybin service center operator does not sell psilocybin products to a person under 21 years of age. Information obtained under this section may not be retained after verifying a person's age and may not be used for any purpose other than verifying a person's age. LICENSE TO FACILITATE PSILOCYBIN SERVICES SECTION 30 Facilitator license• fees• rules. (1) The facilitation of psilocybin services is subject to regulation by the Oregon Health Authority. (2) A psilocybin service facilitator must have a facilitator license issued by the authority. To hold a facilitator license issued under this section, a psilocybin service facilitator: (a) Must apply for a license in the manner described in section 14 of this 2020 Act; (b) Must provide proof that the applicant is 21 years of age or older; (c) Must, until January 1, 2025, provide proof that the applicant has been a resident of this state for two or more years; (d) Must have a high school diploma or equivalent education; (e) Must submit evidence of completion of education and training prescribed and approved by the authority; (f) Must have passed an examination approved, administered or recognized by the authority; and (g) Must meet the requirements of any rule adopted by the authority under subsection (4) of this section. (3) The authority may not require a psilocybin service facilitator to have a degree from a university, college, post -secondary institution, or other institution of higher education. (4) The authority shall adopt rules that: (a) Require a psilocybin service facilitator to annually renew a license issued under this section; (b) Establish application, licensure and renewal of licensure fees for psilocybin service facilitators; and (c) Require a psilocybin service facilitator to meet any public health and safety standards and industry best practices established by the authority by rule. (5) Fees adopted under subsection (4)(b) of this section: (a) May not exceed, together with other fees collected under sections 3 to 129 of this 2020 Act, the cost of administering sections 3 to 129 of this 2020 Act; and (b) Shall be deposited in the Psilocybin Control and Regulation Fund established under section 69 of this 2020 Act. (6) A psilocybin service facilitator may be, but need not be, an employee, manager, director, officer, partner, member, shareholder, or direct or indirect owner of one or more psilocybin service center operators. (7) A license issued to a psilocybin service facilitator under this section is not limited to any one or more premises. SECTION 31. Examinations; rules. The Oregon Health Authority shall offer an examination for applicants for licenses to facilitate psilocybin services at least twice a year. An applicant who fails any part of the examination may retake the failed section in accordance with rules adopted by the authority. SECTION 32. Requirement to verify person's age; rules. The Oregon Health Authority may adopt rules establishing the circumstances under which the authority may require a psilocybin service facilitator that holds a license issued under section 30 of this 2020 Act to use an age verification scanner or any other equipment used to verify a person's age for the purpose of ensuring that the psilocybin service facilitator does not provide psilocybin services to a person under 21 years of age. Information obtained under this section may not be retained after verifying a person's age and may not be used for any purpose other than verifying a person's age. PSILOCYBIN SERVICES SECTION 33. Psilocybin services. The Oregon Health Authority shall adopt by rule the requirements, specifications and guidelines for: (1) Providing psilocybin services to a client; (2) Holding and verifying the completion of a preparation session; (3) Having a client complete, sign, and deliver a client information form to a psilocybin service center operator and a psilocybin service facilitator; (4) Holding and verifying the completion of an administration session; and (5) Holding and verifying the completion of an integration session. SECTION 34. Preparation session. (1) Before a client participates in an administration session, the client must attend a preparation session with a psilocybin service facilitator. (2) A preparation session may be, but need not be, held at a psilocybin service center. (3) If a preparation session is completed in accordance with all applicable requirements, specifications and guidelines, as determined by the Oregon Health Authority, the psilocybin service facilitator must certify, in a form and manner prescribed by the authority, that the client completed the preparation session. SECTION 35. Client information form. (1) Before a client participates in an administration session: (a) The client must complete and sign a client information form, in a form and manner prescribed by the Oregon Health Authority; and (b) A copy of the completed and signed client information form must be delivered to: (A) The psilocybin service center operator that operates the psilocybin service center at which the administration session is to be held; and (B) The psilocybin service facilitator that will supervise the administration session. (2) The client information form: (a) Will solicit from the client such information as may be necessary: (A) To enable a psilocybin service center operator and a psilocybin service facilitator to determine whether the client should participate in an administration session, including information that may identify risk factors and contraindications; and (B) If so, to assist the psilocybin service center operator and the psilocybin service facilitator in meeting any public health and safety standards and industry best practices during the administration session; and (b) Will contain such health and safety warnings and other disclosures to the client as the authority may prescribe. SECTION 36. Administration session. (1) After a client completes a preparation session and completes and signs a client information form, the client may participate in an administration session. (2) An administration session must be held at a psilocybin service center. (3) If an administration session is completed in accordance with all applicable requirements, specifications and guidelines, as determined by the Oregon Health Authority, the psilocybin service facilitator must certify, in a form and manner prescribed by the authority, that the client completed the administration session. SECTION 37. Integration session. (1) After a client completes an administration session, the psilocybin service facilitator who supervised the administration session must offer the client an opportunity to participate in an integration session. The client may, but need not, participate in an integration session. (2) An integration session may be, but need not be, held at a psilocybin service center. (3) If an integration session is completed in accordance with all applicable requirements, specifications and guidelines, as determined by the Oregon Health Authority, the psilocybin service facilitator must certify, in a form and manner prescribed by the authority, that the client completed the integration session. SECTION 38. Protections on reliance on client information form. (1) If a client information form is offered as evidence in any administrative or criminal prosecution of a licensee or licensee representative for sale or service of a psilocybin product to a client, the licensee or licensee representative is not guilty of any offense prohibiting a person from selling or serving a psilocybin product to a client unless it is demonstrated that a reasonable person would have determined that the responses provided by the client on the client information form were incorrect or altered. (2) A licensee or licensee representative shall be entitled to rely upon all statements, declarations, and representations made by a client in a client information form unless it is demonstrated that: (a) A reasonable person would have determined that one or more of the statements, declarations, and representations made by the client in the client information form were incorrect or altered; or (b) The licensee or licensee representative violated a provision of sections 3 to 129 of this 2020 Act or a rule adopted under sections 3 to 129 of this 2020 Act relative to the client information form. (3) Except as provided in subsection (2) of this section, no licensee or licensee representative shall incur legal liability by virtue of any untrue statements, declarations, or representations so relied upon in good faith by the licensee or licensee representative. SECTION 39 Protections on refusal to Provide psilocybin services to a client. (1) Subject to other applicable law, a licensee or licensee representative may refuse to provide psilocybin services to a potential client for any or no reason. (2)(a) Except as provided in paragraph (b) of this subsection, and subject to other applicable law, a licensee or licensee representative may cease providing psilocybin services to a client for any or no reason. (b) A psilocybin service center operator and a psilocybin service facilitator may not cease providing psilocybin services to a client during an administration session after the client has consumed a psilocybin product, except as authorized by the Oregon Health Authority by rule, or as necessary in an emergency. POWERS AND DUTIES OF OREGON HEALTH AUTHORITY WITH RESPECT TO LICENSEES SECTION 40. Powers and duties relating to psilocybin service facilitators. The Oregon Health Authority shall: (1) Determine the qualifications, training, education and fitness of applicants for licenses to facilitate psilocybin services, giving particular consideration to: (a) Facilitation skills that are affirming, non -judgmental, and non -directive; (b) Support skills for clients during an administration session, including specialized skills for: (A) Client safety; and (B) Clients who may have a mental health condition; (c) The environment in which psilocybin services should occur; and (d) Social and cultural considerations. (2) Formulate a code of professional conduct for psilocybin service facilitators, giving particular consideration to a code of ethics; (3) Establish standards of practice and professional responsibility for individuals licensed by the authority to facilitate psilocybin services; (4) Select licensing examinations for licenses to facilitate psilocybin services; (5) Provide for waivers of examinations as appropriate; and (6) Appoint representatives to conduct or supervise examinations of applicants for licenses to facilitate psilocybin services. SECTION 41. Minimum standards of education and training for psilocybin service facilitators; rules. (1) The Oregon Health Authority shall adopt by rule minimum standards of education and training requirements for psilocybin service facilitators. (2) The authority shall approve courses for psilocybin service facilitators. To obtain approval of a course, the provider of a course must submit an outline of instruction to the office and the Department of Education. The outline must include the approved courses, total hours of instruction, hours of lectures in theory and the hours of instruction in application of practical skills. SECTION 42. Authority to inspect books and premises; notice. (1) The Oregon Health Authority may, after 72 hours' notice, make an examination of the books of a licensee for the purpose of determining compliance with sections 3 to 129 of this 2020 Act and rules adopted under sections 3 to 129 of this 2020 Act. (2) The authority may at any time make an examination of a premises for which a license has been issued under sections 3 to 129 of this 2020 Act for the purpose of determining compliance with sections 3 to 129 of this 2020 Act and rules adopted under sections 3 to 129 of this 2020 Act. (3) The authority may not require the books of a licensee to be maintained on a premises of the licensee. SECTION 43. Authority to require segregation of premises. If a licensee holds more than one license issued under sections 3 to 129 of this 2020 Act for the same premises, the Oregon Health Authority may require the premises to be segregated into separate areas for conducting the activities permitted under each license as is necessary to protect the public health and safety. SECTION 44. Authority to require general liability insurance. As is necessary to protect the public health and safety, the Oregon Health Authority may require a licensee to maintain general liability insurance in an amount that the authority determines is reasonably affordable and available for the purpose of protecting the licensee against damages resulting from a cause of action related to activities undertaken pursuant to the license held by the licensee. SECTION 45. Use of Oregon Liquor Control Commission tracking system for psilocybin products; exemptions; rules. (1) The Oregon Health Authority shall: (a) Develop and maintain a system for tracking the transfer of psilocybin products between premises for which licenses have been issued under sections 3 to 129 of this 2020 Act; or (b) Enter into an agreement with the Oregon Liquor Control Commission under which the commission shall permit the authority to use the system developed and maintained under ORS 475B.177 to track the transfer of psilocybin products between premises for which licenses have been issued under sections 3 to 129 of this 2020 Act. (2) The purposes of the system include, but are not limited to: (a) Preventing the diversion of psilocybin products to other states; (b) Preventing persons from substituting or tampering with psilocybin products; (c) Ensuring an accurate accounting of the production, processing and sale of psilocybin products; (d) Ensuring that laboratory testing results are accurately reported; and (e) Ensuring compliance with sections 3 to 129 of this 2020 Act, rules adopted under sections 3 to 129 of this 2020 Act and any other law of this state that charges the authority or commission with a duty, function or power related to psilocybin. (3) The system must be capable of tracking, at a minimum: (a) The manufacturing of psilocybin products; (b) The sale of psilocybin products by a psilocybin service center operator to a client; (c) The sale and purchase of psilocybin products between licensees, as permitted by sections 3 to 129 of this 2020 Act; (d) The transfer of psilocybin products between premises for which licenses have been issued under sections 3 to 129 of this 2020 Act; and (e) Any other information that the authority determines is reasonably necessary to accomplish the duties, functions and powers of the authority under sections 3 to 129 of this 2020 Act. (4) Notwithstanding section 126 of this 2020 Act, before making any other distribution from the Oregon Psilocybin Account established under section 126 of this 2020 Act, the Department of Revenue shall first distribute moneys quarterly from the account to the commission for deposit in the Marijuana Control and Regulation Fund established under ORS 475B.296 for purposes of paying any costs incurred by the commission under subsection (1)(b) of this section. For purposes of estimating the amount of moneys necessary to pay any costs incurred under this section, the commission shall establish a formulary based on expected costs for each licensee that is tracked under this section. The commission shall provide to the Department of Revenue and the Legislative Fiscal Officer before each quarter the estimated amount of moneys necessary to pay costs expected to be incurred under this section and the formulary. SECTION 46. Authority to prevent diversion of psilocybin products. Except as otherwise provided by law, the Oregon Health Authority has any power, and may perform any function, necessary for the authority to prevent the diversion of psilocybin products from licensees to a source that is not operating legally under the laws of this state. SECTION 47. Authority to discipline for unregulated commerce. In addition to any other disciplinary action available to the Oregon Health Authority under sections 3 to 129 of this 2020 Act, the authority may immediately restrict, suspend or refuse to renew a license issued under sections 3 to 129 of this 2020 Act if circumstances create probable cause for the authority to conclude that a licensee has purchased or received a psilocybin product from an unlicensed source or that a licensee has sold, stored or transferred a psilocybin product in a manner that is not permitted by the licensee's license. SECTION 48. Authority to require financial disclosure from licensee. (1) The Oregon Health Authority may require a licensee or applicant for a license under sections 3 to 129 of this 2020 Act to submit, in a form and manner prescribed by the authority, to the authority a sworn statement showing: (a) The name and address of each person that has a financial interest in the business operating or to be operated under the license; and (b) The nature and extent of the financial interest of each person that has a financial interest in the business operating or to be operated under the license. (2) The authority may refuse to issue, or may suspend, revoke or refuse to renew, a license issued under sections 3 to 129 of this 2020 Act if the authority determines that a person that has a financial interest in the business operating or to be operated under the license committed or failed to commit an act that would constitute grounds for the authority to refuse to issue, or to suspend, revoke or refuse to renew, the license if the person were the licensee or applicant for the license. SECTION 49. Authority to investigate, discipline licensees. (1) Notwithstanding the lapse, suspension or revocation of a license issued under sections 3 to 129 of this 2020 Act, the Oregon Health Authority may: (a) Proceed with any investigation of, or any action or disciplinary proceeding against, the person who held the license; or (b) Revise or render void an order suspending or revoking the license. (2) In cases involving the proposed denial of a license issued under sections 3 to 129 of this 2020 Act, the applicant for licensure may not withdraw the applicant's application. SECTION 50. Authority to investigate, discipline permit holder. (1) Notwithstanding the lapse, suspension or revocation of a permit issued under section 66 of this 2020 Act, the Oregon Health Authority may: (a) Proceed with any investigation of, or any action or disciplinary proceeding against, the person who held the permit; or (b) Revise or render void an order suspending or revoking the permit. (2) In cases involving the proposed denial of a permit issued under section 66 of this 2020 Act, the applicant may not withdraw the applicant's application. SECTION 51. Powers related to decedents and insolvent or bankrupt persons. The Oregon Health Authority may, by rule or order, provide for the manner and conditions under which: (1) Psilocybin products left by a deceased, insolvent or bankrupt person or licensee, or subject to a security interest, may be foreclosed, sold under execution or otherwise disposed. (2) The business of a deceased, insolvent or bankrupt licensee may be operated for a reasonable period following the death, insolvency or bankruptcy. (3) A secured party, as defined in ORS 79.0102, may continue to operate at a premises for which a license has been issued under sections 3 to 129 of this 2020 Act for a reasonable period after default on the indebtedness by the debtor. CONDUCT OF LICENSEES SECTION 52. Prohibition against manufacturing psilocybin products outdoors. A psilocybin product manufacturer that holds a license under section 23 of this 2020 Act may not manufacture psilocybin products outdoors. SECTION 53. Restrictions on delivery or receipt; waiver by authority. (1) A psilocybin product manufacturer that holds a license under section 23 of this 2020 Act: (a) May deliver psilocybin products only to or on a premises for which a license has been issued under section 23 or section 26 of this 2020 Act; and (b) May receive psilocybin products only from a psilocybin product manufacturer that holds a license under section 23 of this 2020 Act. (2) A psilocybin service center operator that holds a license under section 26 of this 2020 Act: (a) May deliver psilocybin products only to or on a premises for which a license has been issued under section 26 of this 2020 Act.; and (b) May receive psilocybin products only from a psilocybin product manufacturer that holds a license under section 23 of this 2020 Act or a psilocybin service center operator that holds a license under section 26 of this 2020 Act. (3) The sale of psilocybin products to a client by a psilocybin service center operator that holds a license issued under section 26 of this 2020 Act must be restricted to the premises for which the license has been issued. (4) The Oregon Health Authority may by order waive the requirements of subsections (1) and (2) of this section to ensure compliance with sections 3 to 129 of this 2020 Act or a rule adopted under sections 3 to 129 of this 2020 Act. An order issued under this subsection does not constitute a waiver of any other requirement of sections 3 to 129 of this 2020 Act or any other rule adopted under sections 3 to 129 of this 2020 Act. SECTION 54 Prohibition against selling or delivering psilocybin products to persons under 21 years of age. A licensee or licensee representative may not sell or deliver a psilocybin product to a person under 21 years of age. SECTION 55. Identification requirement; rules. (1) Subject to subsection (2) of this section, a licensee or licensee representative, before selling or providing a psilocybin product to another person, must require the person to produce one of the following pieces of identification: (a) The person's passport. (b) The person's driver license, issued by the State of Oregon or another state of the United States. (c) An identification card issued under ORS 807.400. (d) A United States military identification card. (e) An identification card issued by a federally recognized Indian tribe. (f) Any other identification card issued by a state or territory of the United States that bears a picture of the person, the name of the person, the person's date of birth and a physical description of the person. (2) The Oregon Health Authority may adopt rules exempting a licensee or licensee representative from this section. (3) A client may not be required to procure for the purpose of acquiring or purchasing a psilocybin product a piece of identification other than a piece of identification described in subsection (1) of this section. SECTION 56. Confidentiality of information and communications by clients; exceptions. A psilocybin service center operator, a psilocybin service facilitator, or any employee of a psilocybin service center operator or psilocybin service facilitator may not disclose any information that may be used to identify a client, or any communication made by a client during the course of providing psilocybin services or selling psilocybin products to the client, except: (1) When the client or a person authorized to act on behalf of the client gives consent to the disclosure; (2) When the client initiates legal action or makes a complaint against the psilocybin service center operator, the psilocybin service facilitator, or the employee; (3) When the communication reveals the intent to commit a crime harmful to the client or others; (4) When the communication reveals that a minor may have been a victim of a crime or physical, sexual or emotional abuse or neglect; or (5) When responding to an inquiry by the Oregon Health Authority made during the course of an investigation into the conduct of the psilocybin service center operator, the psilocybin service facilitator, or the employee under sections 3 to 129 of this 2020 Act. SECTION 57. Prohibition against Purchasing, possessing, and consuming a psilocybin product outside a psilocybin service center. A client may purchase, possess, and consume a psilocybin product: (1) Only at a psilocybin service center; and (2) Only under the supervision of a psilocybin service facilitator. SECTION 58. Prohibition against psilocybin service facilitator consuming a psilocybin product during an administration session. A psilocybin service facilitator may not consume a psilocybin product during an administration session that the psilocybin service facilitator is supervising. SECTION 59. Prohibition against employing persons under 21 years of age. (1) A licensee may not employ a person under 21 years of age at a premises for which a license has been issued under sections 3 to 129 of this 2020 Act. (2) During an inspection of a premises for which a license has been issued under sections 3 to 129 of this 2020 Act, the Oregon Health Authority may require proof that a person performing work at the premises is 21 years of age or older. If the person does not provide the authority with acceptable proof of age upon request, the authority may require the person to immediately cease any activity and leave the premises until the authority receives acceptable proof of age. This subsection does not apply to a person temporarily at the premises to make a service, maintenance or repair call or for other purposes independent of the premises operations. (3) If a person performing work has not provided proof of age requested by the authority under subsection (2) of this section, the authority may request that the licensee provide proof that the person is 21 years of age or older. Failure of the licensee to respond to a request made under this subsection by providing acceptable proof of age for a person is prima facie evidence that the licensee has allowed the person to perform work at the premises for which a license has been issued under sections 3 to 129 of this 2020 Act in violation of the minimum age requirement. SECTION 60. Prohibition against obfuscating mark or label or using mark or label to deceive. (1) A licensee may not use or allow the use of a mark or label on the container of a psilocybin product that is kept for sale if the mark or label does not precisely and clearly indicate the nature of the container's contents or if the mark or label in any way might deceive a person about the nature, composition, quantity, age or quality of the container's contents. (2) The Oregon Health Authority may prohibit a licensee from selling any psilocybin product that in the authority's judgment is deceptively labeled or contains injurious or adulterated ingredients. SECTION 61. Requirement that psilocybin products comply with minimum standards. (1) A psilocybin product may not be sold or offered for sale within this state unless the psilocybin product complies with the minimum standards prescribed by the statutory laws of this state. (2) The Oregon Health Authority may prohibit the sale of a psilocybin product by a psilocybin service center operator for a reasonable period of time for the purpose of determining whether the psilocybin product complies with the minimum standards prescribed by the statutory laws of this state. SECTION 62. Other prohibitions. (1) A person may not make false representations or statements to the Oregon Health Authority in order to induce or prevent action by the authority. (2) A licensee may not maintain a noisy, lewd, disorderly or insanitary establishment or supply impure or otherwise deleterious psilocybin products. (3) A licensee may not misrepresent to a person or to the public any psilocybin products. SECTION 63. Purpose of license issued under sections 3 to 129 of this 2020 Act. A license issued under sections 3 to 129 of this 2020 Act serves the purpose of exempting the person that holds the license from the criminal laws of this state for possession, delivery or manufacture of psilocybin products, provided that the person complies with all state laws and rules applicable to licensees. DISCIPLINING LICENSEES SECTION 64. Grounds for revocation, suspension or restriction of license. The Oregon Health Authority may revoke, suspend or restrict a license issued under sections 3 to 129 of this 2020 Act or require a licensee or licensee representative to undergo training if the authority finds or has reasonable ground to believe any of the following to be true: (1) That the licensee or licensee representative: (a) Has violated a provision of sections 3 to 129 of this 2020 Act or a rule adopted under ORS sections 3 to 129 of this 2020 Act, including any code of professional conduct or code of ethics. (b) Has made any false representation or statement to the authority in order to induce or prevent action by the authority. (c) Is insolvent or incompetent or physically unable to carry on the management of the establishment of the licensee. (d) Is in the habit of using alcoholic liquor, habit-forming drugs, marijuana, psilocybin products or controlled substances to excess. (e) Has misrepresented to a person or the public any psilocybin products sold by the licensee or licensee representative. (f) Since the issuance of the license, has been convicted of a felony, of violating any of the psilocybin products laws of this state, general or local, or of any misdemeanor or violation of any municipal ordinance committed on the premises for which the license has been issued. (2) That there is any other reason that, in the opinion of the authority, based on public convenience or necessity, warrants revoking, suspending or restricting the license. EMPLOYEES AND OTHER WORKERS SECTION 65. Permit rewired to perform work for or on behalf of a licensee. (1) An individual who performs work for or on behalf of a licensee must have a valid permit issued by the Oregon Health Authority under section 66 of this 2020 Act if the individual participates in: (a) The provision of psilocybin services at the premises for which the license has been issued; (b) The possession, manufacturing, securing or selling of psilocybin products at the premises for which the license has been issued; (c) The recording of the possession, manufacturing, securing or selling of psilocybin products at the premises for which the license has been issued; or (d) The verification of any document described in section 55 of this 2020 Act. (2) A licensee must verify that an individual has a valid permit issued under section 66 of this 2020 Act before allowing the individual to perform any work described in subsection (1) of this section at the premises for which the license has been issued. SECTION 66. Issuing, renewing permits; fees; rules. (1) The Oregon Health Authority shall issue permits to qualified applicants to perform work described in section 65 of this 2020 Act. The authority shall adopt rules establishing: (a) The qualifications for performing work described in section 65 of this 2020 Act; (b) The term of a permit issued under this section; (c) Procedures for applying for and renewing a permit issued under this section; and (d) Reasonable application, issuance and renewal fees for a permit issued under this section. (2)(a) The authority may require an individual applying for a permit under this section to successfully complete a course, made available by or through the authority, through which the individual receives training on: (A) Checking identification; (B) Detecting intoxication; (C) Handling psilocybin products; (D) If applicable, the manufacturing of psilocybin products; (E) The content of sections 3 to 129 of this 2020 Act and rules adopted under sections 3 to 129 of this 2020 Act; or (F) Any matter deemed necessary by the authority to protect the public health and safety. (b) The authority or other provider of a course may charge a reasonable fee for the course. (c) The authority may not require an individual to successfully complete a course more than once, except that: (A) As part of a final order suspending a permit issued under this section, the authority may require a permit holder to successfully complete the course as a condition of lifting the suspension; and (B) As part of a final order revoking a permit issued under this section, the authority shall require an individual to successfully complete the course prior to applying for a new permit. (3) The authority shall conduct a criminal records check under ORS 181A.195 on an individual applying for a permit under this section. (4) Subject to the applicable provisions of ORS chapter 183, the authority may suspend, revoke or refuse to issue or renew a permit if the individual who is applying for or who holds the permit: (a) Is convicted of a felony or is convicted of an offense under sections 3 to 129 of this 2020 Act, except that the authority may not consider a conviction for an offense under sections 3 to 129 of this 2020 Act if the date of the conviction is two or more years before the date of the application or renewal; (b) Violates any provision of sections 3 to 129 of this 2020 Act or any rule adopted under sections 3 to 129 of this 2020 Act; or (c) Makes a false statement to the authority. (5) A permit issued under this section is a personal privilege and permits work described under section 65 of this 2020 Act only for the individual who holds the permit. SECTION 67. Authority to require fingerprints of individuals listed on application. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Health Authority may require the fingerprints of any individual listed on an application submitted under section 66 of this 2020 Act. SECTION 68. Whistleblower protection for employees. (1) It is an unlawful employment practice for a licensee to discharge, demote, suspend or in any manner discriminate or retaliate against an employee of the licensee with regard to promotion, compensation or other terms, conditions or privileges of employment on the basis that the employee has in good faith reported information to the Oregon Health Authority that the employee believes is evidence of a violation of sections 3 to 129 of this 2020 Act or a rule adopted under sections 3 to 129 of this 2020 Act. (2) This section is subject to enforcement under ORS chapter 659A. PSILOCYBIN CONTROL AND REGULATION FUND SECTION 69. Psilocybin Control and Regulation Fund. The Psilocybin Control and Regulation Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Psilocybin Control and Regulation Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Health Authority to administer and enforce sections 3 to 129 of this 2020 Act. PROHIBITED CONDUCT SECTION 70. Prohibition aizainst person under 21 years of age entering premises; penalty (1) Except as authorized by the Oregon Health Authority by rule, or as necessary in an emergency, a person under 21 years of age may not enter or attempt to enter any portion of a premises that is posted or otherwise identified as being prohibited to the use of persons under 21 years of age. (2) A person who violates subsection (1) of this section commits a Class B violation. (3) The prohibitions of this section do not apply to a person under 21 years of age who is acting under the direction of the authority or under the direction of state or local law enforcement agencies for the purpose of investigating possible violations of laws prohibiting sales of psilocybin products to persons who are under 21 years of age. (4) The prohibitions of this section do not apply to a person under 21 years of age who is acting under the direction of a licensee for the purpose of investigating possible violations by employees of the licensee of laws prohibiting sales of psilocybin products to persons who are under 21 years of age. (5)(a) A person under 21 years of age is not in violation of, and is immune from prosecution under, this section if: (A) The person contacted emergency medical services or a law enforcement agency in order to obtain medical assistance for another person who was in need of medical assistance because that person consumed a psilocybin product and the evidence of the violation was obtained as a result of the person's having contacted emergency medical services or a law enforcement agency; or (B) The person was in need of medical assistance because the person consumed a psilocybin product and the evidence of the violation was obtained as a result of the person's having sought or obtained the medical assistance. (b) Paragraph (a) of this subsection does not exclude the use of evidence obtained as a result of a person's having sought medical assistance in proceedings for crimes or offenses other than a violation of this section. SECTION 71. Prohibition against producing identification that falsely indicates age; protections on reliance on identification. (1) A person may not produce any piece of identification that falsely indicates the person's age. (2) Violation of this section is a Class A misdemeanor. (3) If a piece of identification is offered as evidence in any administrative or criminal prosecution of a licensee or licensee representative for sale or service of a psilocybin product to a person under 21 years of age, the licensee or licensee representative is not guilty of any offense prohibiting a person from selling or serving a psilocybin product to a person under 21 years of age unless it is demonstrated that a reasonable person would have determined that the identification exhibited by the person under 21 years of age was altered, or that the identification exhibited by the person under 21 years of age did not accurately describe the person to whom the psilocybin product was sold or served. SECTION 72. Prohibition regarding person who is visibly intoxicated; penalty. (1) A person may not sell, give or otherwise make available a psilocybin product to a person who is visibly intoxicated. (2) Violation of this section is a Class A misdemeanor. SECTION 73. Prohibition against giving psilocybin product as prize; penalty. (1) A psilocybin product may not be given as a prize, premium or consideration for a lottery, contest, game of chance, game of skill or competition of any kind. (2) Violation of this section is a Class A violation. CIVIL ENFORCEMENT OF SECTIONS 3 TO 129 OF THIS 2020 ACT SECTION 74. Authority to issue subpoenas. For purposes of sections 3 to 129 of this 2020 Act, the provisions of ORS 183.440 apply to subpoenas issued by the Oregon Health Authority and to subpoenas issued by an authorized agent of the authority. SECTION 75. Civil penalty for violating sections 3 to 129 of this 2020 Act. In addition to any other liability or penalty provided by law, the Oregon Health Authority may impose for each violation of a provision of sections 3 to 129 of this 2020 Act or a rule adopted under sections 3 to 129 of this 2020 Act a civil penalty that does not exceed $5,000 for each violation. The authority shall impose civil penalties under this section in the manner provided by ORS 183.745. Moneys collected under this section shall be deposited in the Psilocybin Control and Regulation Fund established under section 69 of this 2020 Act. CRIMINAL ENFORCEMENT OF SECTIONS 3 TO 129 OF THIS 2020 ACT SECTION 76. Authority of law enforcement to enforce sections 3 to 129 of this 2020 Act. The law enforcement officers of this state may enforce sections 3 to 129 of this 2020 Act and assist the Oregon Health Authority in detecting violations of sections 3 to 129 of this 2020 Act and apprehending offenders. A law enforcement officer who has notice, knowledge or reasonable ground of suspicion of a violation of sections 3 to 129 of this 2020 Act shall immediately notify the district attorney who has jurisdiction over the violation and furnish the district attorney who has jurisdiction over the violation with names and addresses of any witnesses to the violation or other information related to the violation. SECTION 77. Duty to notify Oregon Health Authority of conviction of licensee. The county courts, district attorneys and municipal authorities, immediately upon the conviction of a licensee of a violation of sections 3 to 129 of this 2020 Act, or of a violation of any other law of this state or ordinance of a city or county located in this state an element of which is the possession, delivery or manufacture of a psilocybin product, shall notify the Oregon Health Authority of the conviction. SECTION 78. Penalty for violating sections 3 to 129 of this 2020 Act. Subject to ORS 153.022, violation of a rule adopted under subsection (2)(c) of section 8 of this 2020 Act is a Class C violation. REGULATION BY CITIES AND COUNTIES OF PSILOCYBIN PRODUCTS SECTION 79. Preemption of municipal_ charter amendments and local ordinances. The provisions of sections 3 to 129 of this 2020 Act are designed to operate uniformly throughout the state and are paramount and superior to and fully replace and supersede any municipal charter amendment or local ordinance inconsistent with the provisions of sections 3 to 129 of this 2020 Act. Amendments and ordinances that are inconsistent with the provisions of sections 3 to 129 of this 2020 Act are repealed. SECTION 80. No local licenses. The authority to require a license for the manufacturing or sale of psilocybin products in this state, or for the provision of psilocybin services in this state, is vested solely in the Legislative Assembly. SECTION 81. Local time, place and manner regulations. (1) For purposes of this section, "reasonable regulations" includes: (a) Reasonable conditions on the manner in which a psilocybin product manufacturer that holds a license issued under section 23 of this 2020 Act may manufacture psilocybin products; (b) Reasonable conditions on the manner in which a psilocybin service center operator that holds a license issued under section 26 of this 2020 Act may provide psilocybin services; (c) Reasonable limitations on the hours during which a premises for which a license has been issued under sections 3 to 129 of this 2020 Act may operate; (d) Reasonable requirements related to the public's access to a premises for which a license has been issued under sections 3 to 129 of this 2020 Act; and (e) Reasonable limitations on where a premises for which a license may be issued under sections 3 to 129 of this 2020 Act may be located. (2) Notwithstanding ORS 30.935, 215.253 (1) or 633.738, the governing body of a city or county may adopt ordinances that impose reasonable regulations on the operation of businesses located at premises for which a license has been issued under sections 3 to 129 of this 2020 Act if the premises are located in the area subject to the jurisdiction of the city or county, except that the governing body of a city or county may not adopt an ordinance that prohibits a premises for which a license has been issued under section 26 of this 2020 Act from being located within a distance that is greater than 1,000 feet of another premises for which a license has been issued under section 26 of this 2020 Act. SECTION 82. Local tax or fee; referral to electors for approval. (1)(a) The authority to impose a tax or fee on the manufacturing or sale of psilocybin products in this state, or on the provision of psilocybin services in this state, is vested solely in the Legislative Assembly. (b) A county, city or other municipal corporation or district may not adopt or enact ordinances imposing a tax or fee on the manufacturing or sale of psilocybin products in this state or on the provision of psilocybin services in this state. SECTION 83. Reveal of city, countv ordinance that prohibits_ certain establishments. (1) The governing body of a city or county may repeal an ordinance that prohibits the establishment of any one or more of the following in the area subject to the jurisdiction of the city or in the unincorporated area subject to the jurisdiction of the county: (a) Psilocybin product manufacturers that hold a license issued under section 23 of this 2020 Act; (b) Psilocybin service center operators that hold a license issued under section 26 of this 2020 Act; or (c) Any combination of the entities described in this subsection. (2) If the governing body of a city or county repeals an ordinance under this section, the governing body must provide the text of the ordinance to the Oregon Health Authority, in a form and manner prescribed by the authority, if the ordinance concerns a premises for which a license has been issued under sections 3 to 129 of this 2020 Act. POWERS AND DUTIES OF STATE AGENCIES AND OFFICERS AND GOVERNOR SECTION 84. Duty of Oregon Liquor Control Commission to assist. Oregon Psilocybin Services Section 2021 Public Listening Sessions Summary of Questions and Answers The Oregon Health Authority (OHA) held a series of three virtual public listening sessions in December of 2021. The listening sessions were two hours in length and open to the public. OHA staff compiled questions across the three listening sessions and summarized questions and answers in this document. The listening sessions were recorded and can be found on our Public Listening Sessions webpage. Input from the public listening sessions will continue to inform program development, educational materials, and community engagement in 2022. "RAC" ='Rule Advisory Committee, made up of members of the public who participate in discussions about draft rules during the rulemaking process "May Rules" = The spring rulemaking process will result in the first set of rules being adopted by the end of May "The Board" = The Oregon Psilocybin Advisory Board "M109" = Ballot Measure 109, the Oregon Psilocybin Services Act' * For more definitions of terms used in this document, please refer to Section'5 of the Oregon Psilocybin Services Act (M109) Q: When will rules be adopted for Oregon Psilocybin Services? A: OHA will complete two rulemaking sessions in 2022. The first round of rulemaking in February will focus on training programs and products/testing, with rules likely to be adopted by the end of May 2022. The second round of rulemaking in the fall will focus on the remainder of program rules. The final rules will be adopted by December 31, 2022 in time for OHA to begin receiving applications for licensure on January 2, 2023. Q: Will one person be able to hold multiple license types? A: Individuals may hold multiple licenses if they meet the eligibility requirements to apply for licensure and receive approval for licensure. An individual may not hold an interest in more than one manufacturer license or more than five service center licenses. Q: Have there been conversations about creating equitable opportunities for minority business owners to ensure access within the market as the program is built? A: Yes, equitable opportunities for minority business owners have been, and continue to be, discussed. OHA is working to better understand ways to address equity issues within the statutory authorities granted by M109 and within administrative rules. Although OHA is unable to prioritize licensees based on race, OHA is exploring social equity considerations for licensees. Q: Are there any efforts to address conflicts of interest and moderate current committee members' ability to have advanced notice of details before they are made public? A: All committee members are public officials and are responsible for complying with Oregon Government Ethics Law. All advisory board meetings and subcommittee meetings are accessible to the public. Meeting notes and recordings are also available online at: Oregon Psilocybin Advisory Board. Q: Is the state planning to allocate any funding to support clinical research to improve the therapy and the use of psychedelic substances as a whole? A: No. Under M109, the funds received from application and licensure fees must cover the costs of Oregon Psilocybin Services operations. There are no additional funding sources to support additional work at this time. 2 Q: If rules are counter -productive to a functioning system, how quickly can rule changes be made and what is the process for license holders to submit requests for rule changes? A: The administrative rule making process requires approximately six months from start to finish for each set of rules being adopted. In the case of an emergency, the agency may choose to use a temporary rule making process that is much quicker. OHA will continually evaluate rules for efficacy. Q: What are the land use requirements for manufacturing/production? A: M109 requires that the property owner give permission for psilocybin production. Other land use requirements may be established by local governments. Applicants will be required to produce a Land Use Compatibility Statement (LUCS) which demonstrates that the proposed use of the property is consistent with local zoning code. Q: What are the final forms that psilocybin can take, in terms of products? A: We will adopt administrative rules that specify which product forms will be permitted. These rules will be effective in May 2022. Q: What will the laboratories be required to test for? A: This will be addressed in May rules, although additional rulemaking may occur later in 2022. Q: Will there be security requirements for manufacturers and service centers? A: Yes. Exact requirements will be established in rule. Q: Can people grow and use mushrooms for their own personal use? A: M109 does not allow for personal use. M109 creates a regulatory framework for the production of psilocybin and the provision of psilocybin services. 3 Q: What are the land use requirements for a service center? A: M109 requires that a service center be at least 1000 ft. from a school and have defined boundaries. Other land use requirements may be established by local governments. Applicants will be required to produce a Land Use Compatibility Statement (LUCS) which demonstrates that the proposed use of the property is consistent with local zoning code. Q: What is considered the boundaries of the center? A: Boundaries and other premises requirements for licensed service centers will be considered during rulemaking later in 2022. Q: What will the criteria be for the Center? interior design, furniture, music system, lighting, bathrooms, etc. A: Premises requirements for licensed service centers will be considered during rulemaking later in 2022. Generally, these rules will focus on requirements that affect public health and safety rather than items such as lighting and design. Q: Can centers have access to the outdoors? A: The board has recommended that service centers have access to the outdoors. Under M109, licensed service centers must have defined boundaries and cannot be located on public land. Specific requirements for service centers premises will be considered during rulemaking later in 2022. Q: Will there be different categories of service centers? A: No. Q: Can the service centers operate ancillary or peripheral services that could offer additional revenue streams and help with financial viability? A: These requirements will be considered during rulemaking in 2022. M Q: Will clients need a medical referral to receive psilocybin services in a service center? A: No. M109 specifically states that a client will not be required to be diagnosed with a medical condition to receive psilocybin services. Clients must be 21 years of age or older to access psilocybin services. Q: What is the process by which the client gets the medicine for treatment? A: A client may purchase psilocybin products from a licensed service center for consumption during a facilitated administrative session at that service center. Licensed facilitators will not provide psilocybin products to clients. Q: How will dosage be recommended? Will clients have a chance to voice their preference for dosage? A: Rules specifying dosage requirements will be adopted later in 2022. Clients will have an opportunity to discuss all aspects of their administrative session, including dosage, during their preparation session with a licensed facilitator. Maximum doses may be established in rule. Clients and licensed facilitators will work together to determine dosage. These details will be established in rule. Q: If someone is participating in multiple administration sessions within a small window of time is a separate prep session required for each administration session? A: Yes. M109 requires a preparation session to precede each administration session. Q: Could the client choose to participate in multiple prep sessions before the administration session? What about multiple integration sessions after the administration session? A: Details on the preparation, administration, and integration sessions will be established in rule later this year. Q: Is the board considering micro -dosing sessions? A: The term "microdose" is not used in M109. M109 requires OHA to establish the maximum concentration of psilocybin that is permitted in a single serving of a psilocybin 5 product, and the number of servings that are permitted in a psilocybin product package. Details will be established in rule later this year. Q: Will there be a standardized screening tool for harm reduction purposes? A: M109 requires a preparation session for clients with a licensed facilitator. A client intake form is required for this process and will include documentation of risk factors and contraindications, as well as considerations for health and safety. Details will be considered during the rulemaking process. Q: Will sessions be able to be subsidized for those who cannot afford a session? A: M109 does not allow OHA to use funds in this manner. Funds from application and licensure fees must cover the costs for Oregon Psilocybin Services. OHA does not have statutory authority to regulate costs of psilocybin services. Private organizations or licensed service centers and facilitators may choose to offer subsidies for lower income clients. Q: Will groups be allowed? How large? A: The board has recommended that group sessions be permitted. The exact requirements for group sessions will be detailed in administrative rules to be adopted later in 2022. Q: How much will services cost? A: Under M109, OHA cannot control the costs for training or services. The program will set application and license fees in rule and there will be a 15% sales tax on sale of psilocybin products to clients for administration sessions. Licensees and training programs will determine the cost of their services. C1 _�. Q: What are the general requirements of a facilitator training program? A: Training program curriculum must be approved by OHA. Application requirements for training program approval will be established in May rules. Q: What are the requirements of the trainers themselves? A: The requirements will be specified in May rules. Q: When can the facilitator training programs start? A: OHA estimates that staffing and systems will be in place to approve training programs in June of 2022. OHA will not be able to offer retroactive approval for programs operating before that time. Q: There are already a lot of training programs out there... what is transferrable? A: The board has recommended that some transfer of credits be allowed. Rules on transfer of credits will be discussed in the May rulemaking. Q: How does ®HA plan to acknowledge traditional and indigenous healers within the training requirements? A: Experience in traditional healing may be considered as transferrable credits depending on what is established in May Rules. Q: Will the training for facilitators include significant material on how to deal with mental health issues or issues related to trauma that arise during session? A: The board has made recommendations on training curriculum, including trauma - informed care, and OHA will be considering these recommendations during May rulemaking. Q: How much will a training program cost? A: Under M109, OHA cannot control the costs for training programs or psilocybin services. The program will set application and license fees in rule, and there will be a 15% sales tax on sale of psilocybin products to clients for administration sessions. Licensees and training programs will determine the cost of their services. Q: Is there somewhere I can find information about qualifications (certification, degree, experience, etc.) for preparing to work as a Psilocybin Services Facilitator? A: Every facilitator must complete a training program that is approved by OHA as a condition of being licensed. A high school diploma, or its equivalent, will be required without additional degrees or certifications. Additional qualifications will be discussed during May rulemaking. Q: Does a facilitator have to have a medical license? A: No. Q: Will a facilitator be required to have participated themselves in a psilocybin administration session? A: No. Q: Will there be standardized safety protocols that facilitators will be required to follow? A: Yes. Exact requirements will be established in rule. Q: Are 2 licenses required for a facilitator delivering this service; one for providing psilocybin products and another for the service itself? A: Psilocybin products are provided to clients by a licensed service center for administration sessions that take place at their location. M109 allows a person to hold both a service center and facilitator license, if that is what the licensee chooses to apply for. Q: Will the same license apply to both solo and group sessions? Will there be different types of facilitator licenses? A: The board has recommended that there only be one type of facilitator license. OHA will consider this recommendation before adopting May Rules. Q: Can the psilocybin services be offered within a ceremonial or religious context? A: Yes, if psilocybin services take place at a licensed service center and is otherwise compliant with statute and rule requirements. Q: How will OHA ensure that those who hold traditional knowledge or have experience with natural healing practices are recognized and have equitable access to licensing? A: The board has made recommendations on training curriculum, including history of Indigenous practices, and OHA will be considering these recommendations during May rule making. Experience with traditional healing may be eligible for credit in a training program. For more information, please go to: www.oregon.gov/psilocybin E