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2023-98-Minutes for Meeting January 27,2023 Recorded 3/30/2023�v1 s ,co BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6571 Recorded in Deschutes County CJ2023-98 Steve Dennison, County Clerk Commissioners' .journal 03/30/2023 2:32:07 PM oC y01FS 2023-98 FOR RECORDING STAMP ONLY DESCHUTES COUNTY LEGISLATIVE UPDATE 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 and Solutions Director x Sara Crosswhite, 9-1-1 Director --iStrategies Shane Nelson, Sheriff I 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, ivtanagernent Analyst. Flaie 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 SB 644. S6 644 is Priority 1, as it removes certain requirements relating to wildfire risk maps for development of ADl1 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 BLM, 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 rernoval He supported Juniper removal projects for community wildfire reduction and vvild!ife 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 ,:ertz,.o r::quiremcnts related to storage of personal property removed fro;n camping 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: RECO DING SECRETARY 2023 DESCHUTES COUNTY LEGISLATIVE UPDATE JANUARY 27, 2023 PAGE 6 OF 6