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Home My WebLink About2011 Legislative PrioritiesU W/. Department of Administrative Services 0 • -< Dave Kanner, County Administrator September 15, 2010 TO: BOARD OF COMMISSIONERS FROM: DAVE KANNER RE: 2011 LEGISLATIVE PRIORITIES 1300 NW Wall St, Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541 ] 385-3202 www.co.deschutes.or.us Public Affairs Counsel will join us (via phone) at the September 22nd work session to discuss Deschutes County priorities for the upcoming legislative session. PAC prefers to get as much advance notice about these priorities as possible, in case there's a matter that requires pre -session filing or if they need to work with others who are pre -session filing legislation. While the session is almost certain to be dominated by economic and budget matters, there are a number of items we can expect the legislature to take up that will directly impact Deschutes County. They are as follows: 1. Legislation to specifically allow and empower the creation of a regional health authority. Deschutes County is leading the way on this concept and the path toward it can be significantly smoother with enabling legislation. 2. Revision of destination resort siting statutes. Nick Lelack has been serving on an interim committee chaired by State Sen. Jackie Dingfelder that plans to introduce legislation. 3. Revisions to the transportation planning rule. The 2009 session passed the relatively toothless (my personal opinion) HB 3379. DLCD has still not created the implementing administrative rules and many cities, including those represented by the Central Oregon Cities Organization, are frustrated and demanding additional legislative action. AOC has been monitoring this but not actively participating. Deschutes County, as a major landowner who is being stymied by the TPR, has a huge stake in the outcome of this debate. 4. Legislation to clarify what types of commercial activity can be permitted on EFU land. An AOC committee has been looking at this issue. I'm not sure where they're at in terms of having any legislation ready to introduce in 2011.' 5. DEQ is putting forth a legislative concept (attached) that would allow the Environmental Quality Commission to adopt rules for DEQ to make loans and grants for repair, replacement and decommissioning of septic systems and for the development of Enhancing the Lives of Citizens by Delivering Quality Services in a Cost -Effective Manner community-based solutions for sewage disposal problems. Seems like something we should support. In addition to the above, in late August, I sent an e-mail to the department heads to solicit input about department -specific legislative priorities or items their affiliate associations might be working on. I received the following responses: Scot Langton indicated that he is serving on a couple of interim committees that are dealing with inequities in the current property tax system. He is not sure what, if any, legislation will come from these committees, but would like to have any property tax legislation monitored by PAC. Nick Lelack has heard from certain lobbyists that there may be a bill introduced to create a goal 11 exception for the extension of sewers in south Deschutes County. Nick also says there may be attempts to make modifications to HB 2228, the bill relating to the transfer of development rights for Skyline Forest. The Board should carefully review the proposals and determine its position and level of priority. - Chuck Fadeley said he has heard from AOC that there may be legislation introduced to abolish justice courts (on the premise that they siphon revenue from the state courts). This is something we should definitely monitor and have Chuck talk to PAC about. Nancy Blankenship reports that her statewide association is working on a proposal (actually put forth by the Government Efficiency Task Force) to get counties out of the precinct committee person (PCP) election business. Deschutes County spent about $18,000 on PCP elections in 2008. The clerks submitted legislation in 2009 (SB 613, that did not move out of committee) that would have made a number of changes to PCP elections and it sounds like they will try again in 2011. Fact Sheet Onsite Sewage Disposal System Funds (LC 848) What is the Onsite Wastewater Management Program? Over 30 percent of Oregonians dispose of wastewater from their homes and businesses through the use of onsite wastewater treatment systems (septic systems). The siting, design, installation and ongoing operation and maintenance of septic systems are all aspects of wastewater treatment regulated by DEQ. Without this oversight septic systems can fail or malfunction, pollute Oregon's land and waterways with raw sewage and create public health hazards. DEQ directly manages Oregon's septic system program — often referred to as the "Onsite Program"- in fourteen counties. These counties are called "direct service counties." Twenty-two counties manage the program under contract with DEQ and these counties are called "contract counties". DEQ and the contract counties are also responsible for ensuring that septic tank pumpers have the necessary equipment to safely pump, transport and dispose of the waste from septic systems. This waste is often called "septage." In addition, DEQ certifies and licenses installers and pumpers, and reviews and approves products such as septic tanks, alternative treatment technologies and alternative drainfield products. What is Legislative Concept (LC) 848? LC 848 authorizes the Environmental Quality Commission, DEQ's rulemaking and policy board, to adopt rules for DEQ to make grants or loans available for the repair, replacement or decommissioning of septic systems. The funds may also be used for the development of community-based solutions for sewage disposal problems provided those solutions comply with applicable land use regulations. The grants or loans would be based on hardship and would be used to protect public health by helping to fund the repair, replacement or decommission of failing septic systems. LC 848 also establishes a fund (the Subsurface Sewage Disposal System Improvement Fund) that would be used to assist communities in addressing health or water quality problems associated with individual septic systems. A portion of the fund must be dedicated to training programs related to installation, operation, maintenance and technical assistance on individual septic systems. Civil penalties collected from onsite septic system fines would go into the fund, as well as any gifts or grants. Why is LC 848 needed? Oregon's onsite wastewater management program receives multiple requests for assistance from many communities in Oregon with known pollution problems from septic systems. Currently all revenue comes from application fees for permits, reports and licenses and the program does not have the funding or capacity to engage in these activities, including outreach and education, training, and coordination with communities. In addition, DEQ estimates that 10 percent of existing septic systems around Oregon are in need of repair or replacement to protect human health and the environment. Replacing septic systems can be very expensive (generally starting at $3,000 and can go up to over $20,000) and there are many property owners in Oregon that cannot afford to replace/upgrade the failing systems. Alternative Formats Alternative formats of this document can be made available. Contact DEQ Public Affairs for more information (503) 229- 5696. DEQ State of Oregon Department of Environmental Quality Water Quality Division Onsite Wastewater Program 165 East 7t Avenue Eugene, OR 97401 Phone: (541) 686-7838 (800) 844-8467 Fax: (541) 686-7551 Contact: Michael Kucinski Randy Trox http://www.oregon.gov/DEQ/ DEQ is a leader in restoring, maintaining and enhancing the quality of Oregon's air, land and water. Last Updated: 8/3/2010 By Randall Trox 10 -WR -002