2023-45-Minutes for Meeting January 27,2023 Recorded 2/14/2023�vSES CO
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BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6571
Recorded in Deschutes County
Steve Dennison, County Clerk CJ2023-45
Commissioners' Journal 02/14/2023 9:55:39 AM
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2023-45
FOR RECORDING STAMP ONLY
8:00 AM FRIDAY, JANUARY 27, 2023 VIA ZOOM CONFERENCE CALL
A virtual legislative update meeting was held on Friday, January 27, 2023 at 8:00 a.m, via Zoom
Virtual Meeting Platform, for a weekly scheduled event during this 2023 Legislative Session.
Present were Commissioners Anthony DeBone, Patti Adair, and Phil Chang. Also present were Whitney
Hale, Deputy County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County
Counsel; and Angie Powers, BOCC Administrative Assistant.
Deschutes County Attendance:
x
Commissioner Patti Adair
Nick Lelack, County Administrator
x
Commissioner Anthony DeBone
x
Erik Kropp, Deputy County Administrator
x
Commissioner Phil Chang
x
Whitney Hale, Deputy County Admin.
David Givans, Internal Auditor
x
Robert Tintle, Chief Financial Officer
x
David Doyle, Legal Counsel
x
Janice Garceau, Health Services Director
x
Chris Doty, Road Department Director
x
Tom Kuhn, Public Health Program Mgr.
x
Peter Gutowsky, Community Development
Director
x
Kathleen Hinman, Human Resources
Director
Keith MacNamara, Veterans' Services
Manager
Deevy Holcomb, Community Justice
Director
x
Kristie Bollinger, Property Manager
x
Kevin Moriarty, Forester
x
Lee Randall, Facilities Director
x
Chad Centola, Solid Waste Director
Tim Brownell, Incoming Solid Waste
Director
x
Geoff Hinds, Fair & Expo Director
x
Cheyenne Purrington, Houseless
Strategies and Solutions Director
x
Sara Crosswhite, 9-1-1 Director
Shane Nelson, Sheriff
Charles Fadeley, Justice of the Peace
2023 DESCHUTES COUNTY LEGISLATIVE UPDATE JANUARY 27, 2023 PAGE 1 OF 6
Steve Dennison, Clerk
Scot Langton, Assessor
Stephen Gunnels, District Attorney
Holly Harris, Behavioral Health Director
x
Jen Patterson, Management Analyst
x
Angie Powers, BOCC Administrative
Assistant
Dan Emerson, Budget Manager
Will Groves, Planning Manager
Others Present:
x
Doug Riggs, President NW Policy Advocates
x
Sara Odendahl, Director of Government
Affairs & Strategic Initiatives Bend
Chamber of Commerce
x
Sherrie Grieef, Citizen
HB: House Bill; SB: Senate Bill
1. Introductions
Chair DeBone called the meeting to order at 8:00 a.m. Chair DeBone and Mr. Riggs
were at the Oregon State Capitol in Salem on Thursday, January 26. Chair DeBone
hand -delivered letters from the Board to legislators during his visit, requesting
capital funding support of Deschutes County's courthouse expansion. Mr. Riggs had
a brief conversation with Senator Tim Knopp, who reported having read the letter.
Commissioner Chang has also discussed this matter with Representative Jason
Kropf. Chair DeBone noted that this financial ask is based on substantially inflated
costs associated with construction and the dynamic nature of interest rates. Chair
DeBone acknowledged the previous representations that the County would not seek
capital funding support from the State, but feels that the changed circumstances
justifies the request.
2. Updates from NW Policy Advocates
Mr. Riggs, President Northwest Policy Advocates, spoke of the importance of a
Deschutes County presence at the Capital, to provide visibility on the County's
interest on issues. He spoke to Representative Levy and she had expressed
appreciation for providing information to her early in the session. Moving forward,
every other week legislators will be invited to be present at these legislative update
meetings for half an hour, giving the opportunity for focused discussion on top
priorities. Ms. Hale shared that these agendas for internal and external meetings
will be noticed differently. Commissioner Chang and Mr. Riggs briefly discussed the
Governor's new package on homelessness, and Mr. Riggs suggested adding this
package on homelessness to the next meeting agenda. Mr. Riggs will obtain a copy
of this package for distribution to the Board.
Whitney Hale, Deputy County Administrator, discussed the format for the meeting,
working from top to the bottom of the Deschutes County 2023 Legislature Report
2023 DESCHUTES COUNTY LEGISLATIVE UPDATE JANUARY 27, 2023 PAGE 2 OF 6
provided by Jen Patterson, Management Analyst. Hale clarified that everything in the
report is proposed, and priority and position hasn't yet been finalized. Chair DeBone
suggested working from priority 1 to 3, in that order.
3. Department Updates on Priority Bills:
a. HB 2101: Chris Doty, Director Road Department, summarized the bill. This
bill directs the Oregon Department of Transportation to establish a local
transportation program to provide state funding in exchange for federal
surface transportation funding available to cities and counties. This bill
preserves the fund exchange program which ODOT is in the process of
eliminating or significantly reducing. The fund exchange program provides
federal monies for local governments (cities and counties). A Joint
Transportation Committee meeting will take place on Tuesday of next week
and Mr. Doty is preparing plans to testify remotely. He is preparing a letter of
support for HB 2101, and asked for the Board's support, urging the
Legislature to preserve this program. Mr. Riggs reported that this is one of
AOC's (Association of Oregon Counties) top priority bills. The Board was
supportive of signature to Mr. Doty's letter. Mr. Doty shared that fund
exchange is the most efficient use of tax payer dollars, because ODOT can
spend these with minimized disruption. Ms. Hale will add Mr. Doty's draft
letter to the Board's upcoming agenda under Other Items, for Monday,
January 30, along with a plan for remote testimony on Tuesday evening. The
Board supports HB 2101 as priority 1.
b. HB 2749 and 2758
Peter Gutowsky, Director Community Development, reported that these bills
relate to SB 644 regarding rural Accessory Dwelling Units (ADU). Specifically,
the bills will reduce the size of rural residential lots on which ADUs may be
cited. One bill proposes 0.5 acre, the other proposes 1.0 acre. CDD feels that
the minimum parcel size should be 2 acres, due to the requirements for new
septic systems, drain fields and drain field reserve systems. In Deschutes
County, soil conditions limit the siting for these systems. State law requires
100-feet separation of septic system from well.
Commissioner Chang asked Mr. Gutowsky about local variation, based on
shallow groundwater areas. Mr. Gutowsky responded that the Board has the
authority to modify regulations based on standard and substandard soil
conditions. Mr. Riggs said that a letter of opposition to provide to the
County's delegation would be helpful, which the Board supported.
2023 DESCHUTES COUNTY LEGISLATIVE UPDATE JANUARY 27, 2023 PAGE 3 OF 6
Commissioner Chang expressed concerns. regarding 5B 644. SB 644 is
Priority 1, as it removes certain requirements relating to wildfire risk maps
for development of ADU on lands zoned for rural residential use. The Board
supports SB 644 with amendments, or opposes as written and will continue
to track this bill's status. Commissioner Chang stated that surveys of
Deschutes County residents prove that they believe in wildfire resiliency
measures such as defensible space and the use of fire -resilient building
materials. Commissioner Chang will not support SB 644 as written, and he
will actively testify against it. Chair DeBone was generally in agreement. Mr.
Riggs reported that it's doubtful that SB 644 will pass as written.
The Board opposes HB 2749 and HB 2758, unless amended, as priority 2.
The Board supports sending a letter of opposition, adding language in
support of ADUs in rural residential areas, after which time it can be moved
down to a Priority 3.
The Board takes a neutral position on SB 644 seeking amendments, as
priority 1.
c. HB 2675: Mr. Gutowsky summarized this bill, which provides that state
structural specialty code does not apply to structures located on farm or
forest operation and used for purpose related to agriculture that requires
not more than 20 persons to occupy structure at any one time outside of
harvest season or not more than 40 persons to occupy structure at any one
time during harvest season. CDD opposes this bill for public life safety. The
safety of farm workers is of concern, for entering buildings not designed for
public occupancy. The Board opposes this bill, as priority 2.
d. HB 3003: Robert Tintle, Chief Financial Officer, shared that this bill creates
income or corporate excise tax credit for electric utility that purchases
electricity produced using a fuel source that it at least 50% qualifying western
juniper biomass. Mr. Riggs reported that this is half of the proposal for
stream/river restoration and water conservation, and is based on studies by
the ELM, USDA Forest Service and OSU, which shows that thinning juniper
back to historical levels, results in a dramatic increase in streamflow. He
recommends the Board consider support of this bill as a priority 2.
Commissioners Adair and Chang support this bill, but at a lower priority.
Commissioner Chang shared that juniper is a difficult wood to pelletize,
biomass is one of the most expensive ways to produce electricity and juniper
is one of the most expensive fuels. Even when incentivized, it will be difficult
for this to come to fruition economically. The hydrogeology of Central
Oregon is unique, and shallow groundwater areas have a greater benefit
2023 DESCHUTES COUNTY LEGISLATIVE UPDATE JANUARY 27, 2023 PAGE 4 OF 6
from juniper removal. He supported juniper removal projects for community
wildfire reduction and wildlife habitat in Deschutes County. The Board
supports HB 3003 as priority 2, and will continue to monitor this bill
along with others, such as HB 3142, related to juniper removal. The
Board tasked Mr. Moriarty with tracking these bills.
Ms. Hale acknowledged that bills related to health services and behavioral
health will be addressed at a later date. Mr. Riggs reported that workforce
dollars will be a topic of great concern. Janice Garceau, Director Health
Services, shared that some other themes are bills related to houselessness,
and behavioral health crisis and emergency stabilization services. There is a
large volume of legislation related to these topics and she is in the process of
reviewing them. Looking at how the laws are structured for mandating
treatment for those with substance abuse disorders is also a high priority.
e. HB 2054 and HB 2212 and HB 2607: Kathleen Hinman, Director Human
Resources, summarized HB 2054 and HB 2212. They relate to district
attorneys, deputy district attorneys and 9-1-1 operators qualifying for
police/fire PERS benefits. Human Resources has no position, as priority 2. HB
2607 modifies the definition of "compensation" for purposes of pay equity
requirements, to exclude hiring and retention bonuses. With HB 2607, there
are some concerns about pay equity and creating a level playing field. HR
takes no position on this position, as priority 2. The Board supports taking
no position on HB 2054, HB 2212 and HB 2607, as priority 2.
f. HB 2488: Kevin Moriarty, County Forester, summarized that this bill prohibits
insurance companies from considering wildfire risk maps when determining
insurance rates. His department's position is support, as priority 2. He
doesn't believe the data being used for the wildfire risk mapping was
intended to be used for insurance policies, and he doesn't believe code
enforcement or risk should be tied to this map. Mr. Riggs is doubtful that this
bill will move through the legislature. The Board supports HB 2488, as
position 2, and will continue to monitor this bill along with other bills
related to wildfire risk mapping.
g. HB 2100: Mr. Doty summarized that this bill directs the Department of
Transportation to study issues related to transportation funding and to
report to appropriate committee or interim committee of Legislative
Assembly on/before September 15, 2024. The Board supports HB 2100, as
priority 2.
h. HB 2939: Ms. Purrington summarized that this bill reduces the notice period
before removal of homeless individuals from established camping sites to 24
2023 DESCHUTES COUNTY LEGISLATIVE UPDATE JANUARY 27, 2023 PAGE 5 OF 6
hours, and eliminates f�ertain 1-�`(]uirei�-1ents related to storage of personal
property removed from c arri wing sites. Her office advocates for the rights of
houseless individuals. Mr. Riggs shared that Democrats in the legislature
don't believe this bill will move at all. An abandoned RV bill is also on the
books. Houselessness is a very sensitive topic at the capital. The Board
supports taking no position on HB 2939, and will continue to monitor
other bills related to houselessness.
i. Whitney Hale moved the three remaining bills not discussed at this meeting
to next week's agenda.
Next Meeting: The next virtual legislative update meeting is scheduled for Friday,
February 3, 2023 at 8:00 a.m.
Adjourn: Commissioner adjourned the meeting at 9:24 a.m.
Respectfully Submitted by
RECADING SECRETARY
2023 DESCHUTES COUNTY LEGISLATIVE UPDATE JANUARY 27, 2023 PAGE 6 OF 6