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HomeMy WebLinkAboutItem 3: Ratification of IGR Committee Actions and Direction on Legislative Policy ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: Ratification of Intergovernmental Relations Committee Actions and Direction on Legislative Policy on January 28, and February 4, 2009 Meeting Date: February 9, 2009 Agenda Item Number: 3 Department: City Manager’s Office Staff Contact: Brenda Wilson www.eugene-or.gov Contact Telephone Number: 682-8441 ISSUE STATEMENT This is an action item to ratify the actions of the Intergovernmental Relations (IGR) Committee from the January 28, and February 4, 2009, IGR Committee meetings. BACKGROUND As a matter of procedure, during the legislative session, the City Council is routinely asked to ratify the actions taken by the Intergovernmental Relations (IGR) Committee on legislation. The IGR Committee reviews all bills and their associated staff recommendations and provides direction for each piece of legislation introduced during the legislative session. Any member of the IGR Committee may pull a bill off the IGR Bill Report for discussion. If a bill is not pulled for discussion, the staff recommendation stands. If a bill is pulled for discussion, the IGR Committee may keep or change the staff recommendation. Actions on which the IGR committee is not unanimous must be brought before the full City Council for consideration. These bills must be addressed by the full council in order to provide direction to staff in Salem. The IGR Committee met on January 28, and February 9, 2009, to review staff recommendations on bills that have been introduced in the state legislature. The minutes for the January 28, and February 4, 2009, meetings are not ready for ratification by the full City Council at this time. However, the IGR Committee vote on several bills was not unanimous. Accordingly, the full council must provide direction before these bills can be lobbied in Salem. The bills for which there was not a unanimous vote are listed below.Staff comments for each bill are listed in the attached documents. Bills may be accessed via the Legislature’s website: http://www.leg.state.or.us/09reg/measures/main.html. Z:\CMO\2009 Council Agendas\M090209\S0902093.doc January 28, 2009: SB 192: Provides historic property tax incentives. Staff Recommendation: Priority 2, Oppose (By Larry Hill) IGR Committee Vote: Priority 2, Support (1/2, Taylor, Yes / Ortiz, Poling, No) (See page 17 of the January 28, IGR Bill Report for staff comments). HB 2052: Provides for new requirements before a halfway house, work release center, or other residential facility for released former prisoners or delinquent youth can be sited in a community. Staff Recommendation: Neutral (By Jerry Lidz) IGR Committee Vote: Monitor (1/2, Taylor, Yes / Ortiz, Poling, No) (See page 1 of the January 28, IGR Bill Report for staff comments). HB 2184: Establishes goal for beverage container return rate and standards for redemption. Staff Recommendation: Priority 3, Support (By Felicity Fahy and Ethan Nelson) IGR Committee Vote: Priority 1, Support (2/1, Ortiz, Poling, Yes / Taylor, No) (See page 7 of the January 28, IGR Bill Report for staff comments). HB 2385: Prohibits smoking in a vehicle while a person under the age of 17 is in the vehicle. Staff Recommendation: Neutral (By Ellwood Cushman) IGR Committee Vote: Priority 3, Support (1/2, Taylor, No second) (See page 12 of the January 28, IGR Bill Report for staff comments). February 4, 2009: HB 2239: Creates offense of refusal to take a test for intoxicants under Motorist Implied Consent Law. Staff Recommendation: Priority 3, Support (By Ellwood Cushman) IGR Committee Vote: Priority 3, Oppose (1/2, Taylor, Yes / Ortiz, Poling, No) (See page 9 of the February 4, IGR Bill Report for staff comments). Z:\CMO\2009 Council Agendas\M090209\S0902093.doc HB 2384: Requires Oregon Criminal Justice Commission to administer collaboration grants for local public safety coordinating councils. Staff Recommendation: Priority 3, Support (By Ellwood Cushman) IGR Committee Vote: Priority 3, Oppose (Taylor, / No second) (See page 11 of the February 4, IGR Bill Report for staff comments). RELATED CITY POLICIES Ratification of IGR Committee actions is the making or affirming of the City of Eugene’s policy with respect to Federal and State legislative issues or such other matters as may come to the council from the committee. COUNCIL OPTIONS The council may ratify or decline to ratify the IGR Committee’s unanimous actions and approval of staff recommendations. Actions on which the IGR committee is not unanimous must be addressed by the full council in order to provide direction to staff in Salem. CITY MANAGER’S RECOMMENDATION The City Manager recommends ratification of the IGR Committee's actions and that there be a discussion on the actions that were not unanimous. SUGGESTED MOTION Move to ratify the IGR Committee's unanimous actions on bills and approval of staff recommendations in the January 28, and February 4, 2009, IGR Bill Reports for bills not pulled for discussion at those IGR meetings. There also needs to be motions to state positions for each bill listed above where the IGR Committee action was not unanimous. ATTACHMENTS A. January 28, 2009, IGR Bill Report B. February 4, 2009, IGR Bill Report FOR MORE INFORMATION Staff Contact: Brenda Wilson Telephone: 682-8441 Staff E-Mail: brenda.s.wilson@ci.eugene.or.us Z:\CMO\2009 Council Agendas\M090209\S0902093.doc IGR BILL REPORT January 28, 2009 CITY OF EUGENE HB 2041 Relating Clause: Road Machinery; creating new provisions; and amending ORS 803.030 and 803.305. Title: Defines “road machinery” for purposes of Oregon Vehicle Code. Exempts road machinery from titling and registration requirements. Sponsored by: House Committee on Transportation URL:http://www.leg.state.or.us/09reg/measpdf/hb2000.dir/hb2041.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact Tony Jobanek Tony Jobanek PWM 1/20/2009 Pri 3 No No Support Comments: This exemption would lower registration and title costs for the licensing of "road machinery" classes of equipment used by the City of Eugene in the performance of road repairs and maintenance. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Eric Jones Eric Jones PW-ADM 1/14/2009 Pri 3 Yes YesIII. A Support Comments: HB 2691 (tabled on adjournment) and HB 3082 (died in committee) in the 2007 session sought this change to the requirement that counties must receive voter approval to implement vehicle registration fees at the county level. The 2009 bill was filed at the request of AOC. A Lane County vehicle registration fee, with a portion of the money going to the City of Eugene, continues to be on the short list of potential revenue solutions to Eugene's road funding shortfalls. Removing the barrier of voter approval would further the likelihood that this option could come to fruition. Staff continues to advocate including in this legislation a change to ORS 801.041(5): The county ordinance shall provide for payment of at least 40 percent (**THIS NUMBER COULD BE INCREASED**) to cities **EQUITABLY ON A POPULATION BASIS** within the county unless a different distribution is agreed to between the county and the cities within the jurisdiction of the county. HB 2052 Relating Clause: Relating to establishing specified facilities Title: Requires governmental entity establishing specified facilities to obtain advice from subcommittee of local public safety coordinating council. Sponsored by: House Interim Committee on Womens Wellness URL:http://www.leg.state.or.us/09reg/measpdf/hb2000.dir/hb2052.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Jerome Lidz ATTNY 1/20/2009 Pri 3 Neutral Comments: Current law requires a state agency or local government to obtain advice from a local citizens advisory committee before it sites a halfway house, work release center or other residential facility for released former prisoners or dleinquent youth. This bill would amend the law in two ways: (1) add certain residential treatment faciltities (e.g., for drug and alcohol teatment) to the list of facilties for which consultation is required before siting, and (2) prescribes the membership of the local committee as three members of the local PSCC (DA, mental health director and law enforcement officer). Presumably, this bill would make it eaier to site the facilities. 1 HB 2072 Relating Clause: Relating to carbon tax; appropriating money; prescribing an effective date; providing for revenue raising that requires approval by a three-fifths majority. Title: Imposes tax on each fuel supplier and utility based on amount of carbon in carbon-based fuel that is sold by fuel supplier to consumers in state or that is used to produce carbon- generated electricity supplied by utility to consumers in state. Limits tax on certain oil and natural gas to six percent of market value of oil or natural gas. Distributes moneys collected from tax to State Highway Fund, Common School Fund, Energy Crisis Trust Fund and Renewable Energy Resources Account. Creates Renewable Energy Resources Account to fund development of renewable energy resources. Appropriates moneys from General Fund to Department of Revenue and State Department of Energy for purpose of funding first year of administration of tax. Applies to carbon-based fuel sold to consumers or used to produce carbon-generated electricity on or after January 1, 2011. Takes effect on 91st day following adjournment sine die. Sponsored by: at the request of House Interim Committee on Revenue URL:http://www.leg.state.or.us/09reg/measpdf/hb2000.dir/hb2072.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Larry Hill Larry Hill CS-FIN 1/15/2009 Pri 1 Yes YesIII. A1 Monitor Comments: HB 2074 would impose a new tax on carbon-based fuels based on carbon content. As intriduced, this would be in addition to existing state and local motor vehicle fuel taxes, as the measure does not propose to repeal or restrict those taxes. While this measure has important environmental goals and social impacts, I'll restrict my comments to near-term financial impacts on the City. There would have two significant financial impacts on the City of Eugene. First, it would increase costs for motor vehicle fuel for operation of the City's fleet and would increase costs of electricity and natural gas for operation of City facilities. Simple changes in program operations, such as lowering facility temperatures or limiting operating hours, might mitigate some of these increased costs. If justified by lifecycle cost-benefit analyses, ongoing increased costs could also be mitigated by capital outlay to purchase more fuel effecient vehicles for the City fleet, or by making capital investmente in City facilities to decrease consumption of carbon-based fuels. The amount of taxation proposed by the measure is not yet stated, but in either of these instances costs to the City will increase by more than an incidental amount. Second, the new tax on motor vehicle fuel would likely increase revenue to the state Highway Trust Fund, of which the City receives a share. This could help address the Road Fund's operational shortfall. However, these revenues will likely decrease over time as the higher tax burden on motor vehicle fuel discourages use of carbon-based fuels. This measure should be closely monitored for the specific tax amount or any amendment that would limit or repeal existing state and local motor vehicle fuel tax revenue received by the City. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Eric Jones Eric Jones PW-ADM 1/14/2009 Pri 1 Yes Yes Monitor Comments: This proposes a significant change in fuel taxation that could have profound effects on funding for streets and highways (council policy III A) and affordable housing (via utility rates). It is not clear from the bill, as introduced, what effect a carbon tax would have on the existing state motor vehicle fuel tax/weight mile tax. City of Eugene objectives regarding this aspect of the legislation should include no net loss of funding through the State 2 Highway Trust Fund allocations and consistency and predictability in this source of funding. Another intent of the bill is to create taxes that would affect customers using heating oil as well as utilities and their customers who generate electricity using carbon-based fuels. EWEB would have a better sense of what impacts that might have on Eugene customers, and whether carbon-based fuel taxes would have an effect on housing affordability. It certainly should be noted that Eugene has a commitment to sustainability and climate change initiatives (VII A-1). Much more analysis would need to be done to determine if this bill can address those objectives without compromising the issues discussed above. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Felicity Fahy Felicity fahy CS-CMO 1/21/2009 Pri 1 Yes YesVII. A1 Monitor Comments: Need to monitor this one closely. I agree with Glen, Eric and Larry it could have a variety of fiscal implications for the city. The fund generated could also be important for financing beneficial renewable energy initiatives. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Glen Svendsen Glen Svendsen CS-FAC 1/16/2009 Pri 1 Monitor Comments: A carbon tax on energy used in City buildings and vehicle fllet would increase the City's cost of doing business. As a rough estimate, each 1% of tax would increase City costs for utilities and fuel by roughly $50,000. HB 2074 Relating Clause: Relating to the tax supervising and conservation commission. Title: Divides responsibility for funding tax supervising and conservation commission between county and municipal corporations within county. Permits county to receive reimbursement for net costs of tax supervising and conservation commission from amounts scheduled to be paid to municipal corporations as part of distribution of tax collection moneys. Sponsored by: at the request of House Interim Committee on Revenue URL:http://www.leg.state.or.us/09reg/measpdf/hb2000.dir/hb2074.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Larry Hill Larry Hill CS-FIN 1/15/2009 Pri 3 No No Neutral Comments: HB 2074 would assign 50% the costs of operation of a county's tax supervising and conservation commission to municipal corporations within the county. Under current law a comission's cost is limited by statute to $280,000 and this cost is wholly borne by the county. Under the measure, $140,000 would be recovered from all taxing municipal corporations by the county. This would be prorated amoung municipal corporations based on total taxes imposed by each. In Lane County, the City of Eugene would be required each year to reimburse the County approximately $35,000. Because this amount is not significant, and reimbursement to the County for a share of tax commission costs is not unreasonable, I recommend a neutral position. HB 2075 Relating Clause: Relating to funding of transportation services through cigarette tax revenue; prescribing an effective date; providing for revenue raising that requires approval by a three-fifths majority. 3 Title: Increases cigarette tax and continuously appropriates moneys from increase to Department of Transportation for transportation services for elderly individuals and individuals with disabilities. Applies to cigarette tax reporting periods beginning on or after effective date of Act. Takes effect on 91st day following adjournment sine die. Sponsored by: House Interim Committee on Revenue URL:http://www.leg.state.or.us/09reg/measpdf/hb2000.dir/hb2075.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Larry Hill CS-FIN 1/15/2009 Pri 2 Yes II. B1 Oppose Comments: I recommend oppose unless amended. If the measure is amended to eliminate the proposed reduction in percentage shares of cigarette revenue assigned to cities and counties, the measure should be supported. HB 2015 would increase the state cigarette tax. However, as introduced, the measure would decrease the percentage share of total revenue that goes to cities, counties and the state but significantly increase the percentage share that goes to transportation services for seniors and disabled persons. The City of Eugene's current share of state cigerette tax revenue will be an estimated $262,000 in FY09. Cities may use their share for general government purposes, without program restrictions on their use. Oregon’s cigarette tax was approved in 1967. When it passed, the tax was $0.04 per pack, with 50 percent of the tax designated for property tax relief and 50 percent to be distributed to cities and counties. Since then, the amount of tax on cigarettes has increased but cities’ proportionate share of the tax revenue has shrunk, from 33 percent to just 1.7 percent of the total tax (a second penny was added for cities in 1986). The current tax rate is $1.18 per pack of 20 cigarettes. Despite the tax increase, cigarette tax revenues have generall been declining each year. Revenue from the tax is allocated as follows: $0.22 to the State General Fund, $0.87 to the Oregon Health Plan, $0.02 to cities, $0.02 to counties, $0.02 to the Oregon Department of Transportation for transportation services to the elderly and disabled, and $0.03 to the Tobacco Use Reduction Account. HB 2079 Relating Clause: Relating to personal flotation devices. Title: Requires operators and passengers to wear personal flotation device on any section of waters rated class III or higher on commonly accepted scale of river difficulty. Sponsored by: Representative HUFFMAN URL:http://www.leg.state.or.us/09reg/measpdf/hb2000.dir/hb2079.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Glen Potter Glen Potter EFD 1/14/2009 Pri 3 No No Support Comments: Wearing of personal flotation devices offers boat operators and passengers an added margin of safety in the event of an accident, which is more likely in swift water. HB 2096 Relating Clause: Relating to agreements for the provision of local exchange telecommunications service; declaring an emergency. Title: Prohibits telecommunications utility or competitive telecommunications provider from entering into exclusive agreement to provide local exchange telecommunications service in certain circumstances. 4 Declares emergency, effective on passage. Sponsored by: House Interim Committee on Agriculture and Natural Resources for Oregon Telecommunications Association URL: http://www.leg.state.or.us/09reg/measpdf/hb2000.dir/hb2096.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Pam Berrian Pam Berrian CS-ISD 1/20/2009 Pri 3 No No Neutral Comments: See my comments re: LC 1106. Impacts OPUC regulations. My recommendation is that IGR staff determine from OPUC whether they wishe cities' assistance in taking a position on this bill. If not, I recommend Neutral for now. HB 2097 Relating Clause: Relating to carrier of last resort obligations; declaring an emergency Title: Provides that Public Utility Commission may exempt telecommunications utility, cooperative corporation or municipality from carrier of last resort obligations if commission finds that other telecommunication utility or competitive telecommunications provider has entered into exclusive agreement to provide local exchange telecommunications service to four or more residences within territory allocated to telecommunications utility, cooperative corporation or municipality. Declares emergency, effective on passage. Sponsored by: House Interim Committee on Agriculture and Natural Resources for Oregon Telecommunications Association URL:http://www.leg.state.or.us/09reg/measpdf/hb2000.dir/hb2097.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Pam Berrian Pam Berrian CS-ISD 1/20/2009 Pri 2 No No Neutral Comments: See my comments re: LC 1107. Impacts OPUC regulations. However, the summaryy appears to indicate provision is permissive (may), however, the body of the text uses "shall"; is that a typo or a mis-reading on my part? Also, my reocmmendation is to detemrine whether the OPUC wishes cities' assistance in taking a position on this bill. If not, I recommend Neutral for now. HB 2136 Relating Clause: Relating to vending machines distributing tobacco products. Title: Prohibits sale or distribution of tobacco products from vending machines. Sponsored by: Governor Theodore R. Kulongoski for Department of Human Services URL:http://www.leg.state.or.us/09reg/measpdf/hb2100.dir/hb2136.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact Mike McKerrow Mike McKerrow PDD-BPS 1/20/2009 Pri 2 Yes YesVIII. G Support Comments: The City supports legislation that limits access of tobacco to minors, including prohibition of self service tobacco sales. HB 2155 Relating Clause: Relating to removal-fill permitting program. Title: Modifies definition of 'intermittent stream.' Repeals estuarine resource replacement statute. Allows Department of State Lands to assess one-time fee that covers all fees due for removal or fill permit valid for more than one year. Modifies factors Director of Department of State Lands considers in determining whether to issue permit. Modifies exemptions for lands zoned for exclusive farm use. Allows department to establish by 5 rule exemption from removal or fill permitting requirements for voluntary habitat restoration projects that have only minimal adverse impact. Sponsored by: Governor Theodore R. Kulongoski for Department of State Lands URL:http://www.leg.state.or.us/09reg/measpdf/hb2100.dir/hb2155.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Eric Wold Eric Wold PW-POS 1/20/2009 Pri 3 Yes YesVII. B5 Support Comments: I recommend support for the same reasons identified by Paul Klope. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Paul Klope PWE 1/16/2009 Pri 3 Yes YesVII. B3 Support Comments: Has minimal effect on activities of the City. Primary changes in the bill broaden the definition of intermittent stream to define it strictly based on flow rather than presence of salmon or habitat. One potential advantage of the bill to the City is that it allows the Department of State Lands to adopt a rule allowing an exemption from the requirement to obtain a permit for voluntary habitat restoration projects when the project has minimal impact to "waters of the state". This may be an advantage for wetland and stream restoration projects in terms of saving some time and money. In most cases there probably still would be a requirement to obtain a permit from Army Corp of Engineers. HB 2156 Relating Clause: Relating to mitigation for water resources. Title: Authorizes Department of State Lands to allow mitigation banks for effects on waters of state. Changes name of Oregon Wetlands Mitigation Bank Revolving Fund Account to Oregon Mitigation Bank Account. Clarifies certain references to mitigation. Sponsored by: Governor Theodore R. Kulongoski for Department of State Lands URL:http://www.leg.state.or.us/09reg/measpdf/hb2100.dir/hb2156.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Eric Wold Eric Wold PW-POS 1/20/2009 Pri 2 Yes YesVII. B5 Support Comments: HB 2156 makes mostly minor changes to existing statutes. These changes help bring consistency to the regulatory language used by state and federal regulatory agencies regarding wetlands. The most important changes are to 196.615(3)(a) and (b), whereby DSL is required to develop guidelines for the use of mitigation banks and guidelines on how to create mitigation banks. This new guidance is important, since new federal guidance has been issued in the past year that renders old state guidelines out-of-date. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Therese Walch Therese Walch PWE 1/20/2009 Pri 2 Yes YesVII. B1 Support Comments: Bill broadens the authorization for mitigation banks beyond effects on "wetlands" to effects on "waters of the state." This appears to broaden the tools available to address water quality and watershed health problems and opportunities. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Paul Klope PWE 1/16/2009 Comments: I defer to Eric Wold. 6 HB 2184 Relating Clause: Relating to beverage containers. Title: Establishes goal for beverage container return rate. Changes definition of 'beverage.' Authorizes Oregon Liquor Control Commission to establish standards for redemption of beverage containers. Requires Department of Environmental Quality to report to Seventy-ninth Legislative Assembly on certain matters related to beverage containers. Increases refund value for beverage containers. Sponsored by: Governor Theodore R. Kulongoski for Department of Environmental Quality URL:http://www.leg.state.or.us/09reg/measpdf/hb2100.dir/hb2184.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Felicity Fahy Felicity Fahy CS-CMO 1/20/2009 Pri 3 Yes YesVII. A4 Support Comments: I agree with Ethan's comments ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Ethan Nelson Ethan Nelson PDD-BPS 1/20/2009 Pri 3 Yes YesVII. A4 Support Comments: HB 2184 is result of the Bottle Bill Task Force, created by the 2007 Revised Bottle Bill. HB 2184 implements the recommendations from this body, including: 1. Expands the types of beverages and containers covered; 2. Increases the refund value to $.10 from $.05; 3. Mandates centralized redemption centers run by industry; These three actions should increase the recycling rate of all beverage containers, save energy, reduce litter, and reduce amount landfilled. Allows for industry to self-regulate with the caveat that if the redemption centers are not functional (redemption rate to 80%) by 2013, the state will intercede to create state run centers and the unredeemed deposits will shift from the private sector to public sector. Currently, the beverage industry keeps all unredeemed deposits, estimated in 2008 to be $15 million per year. HB 2212 Relating Clause: Relating to State Department of Agriculture control methods; appropriating money. Title: Broadens statutes currently applicable to tansy ragwort to include all noxious weeds. Repeals statutes regarding ragweed. Revises quarantine authority of State Department of Agriculture. Authorizes department to adopt rules for nonquarantine regulation of plant pests. Makes violation of rule subject to civil penalty, not to exceed $10,000. Authorizes department to conduct research for control of plant pests. Prohibits possession or movement of plant pests except in compliance with federal or state permit. Makes violation subject to fine not to exceed $720 and civil penalty not to exceed $10,000. Declares plant pests to be public nuisance. Authorizes department to issue orders or adopt rules to abate public nuisance caused by plant pests. Makes violation of order or rule for abating nuisance subject to civil penalty not to exceed $10,000. Sponsored by: Governor Theodore R. Kulongoski for State Department of Agriculture URL:http://www.leg.state.or.us/09reg/measpdf/hb2200.dir/hb2212.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Eric Wold Eric Wold PW-POS 1/20/2009 Pri 3 Support Comments: HB 2212 substantially enhances existing statutes pertaining to the Department of Agriculture's authority to regulate the movement (e.g., through the transportation system) of plant pests. Plants pests include all organisms capable of having a significant adverse affect on the environmental quality of the state or of causing a signficant level of 7 economic damage in this state, including but not limited to agricultural, horticultural, or forest plants, crops, commodities or products. Given the importance of our forests and local agricultural industry, this is an important bill to sustain the health of our forests and farms. HB 2225 Relating Clause: Relating to pilot program to establish sites dedicated to affordable housing; declaring an emergency. Title: Directs Department of Land Conservation and Development to establish pilot program in which local governments may site and develop affordable housing. Declares emergency, effective on passage. Sponsored by: Governor Theodore R. Kulongoski for Department of Land Conservation and Development URL:http://www.leg.state.or.us/09reg/measpdf/hb2200.dir/hb2225.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Richie Weinman PDD-DEV 1/20/2009 Pri 2 IV. C Oppose Comments: This provides an additional tool to provide land for low-income housing. We should support his from an affordable housing viewpoint. Lisa Gardner should look at this with Planning issues in mind. HB 2253 Relating Clause: Relating to fees payable to the Public Utility Commission of Oregon; declaring an emergency. Title: Requires consumer-owned utilities, telecommunications cooperatives and cable operators to pay to Public Utility Commission fee in amount to be determined annually in order to defray expenses of hearings and oversight related to safety and reliability of consumer- owned utilities, telecommunications cooperatives and cable operators. Specifies allowable purposes for commission's expenditure of fees paid. Declares emergency, effective on passage. Sponsored by: Governor Theodore R. Kulongoski for Public Utility Commission URL:http://www.leg.state.or.us/09reg/measpdf/hb2200.dir/hb2253.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Pam Berrian Pam Berrian CS-ISD 1/20/2009 Pri 3 No No Neutral Comments: Fee collection from a state agency in this case does not appear to impact City finances, yet may increase consumer protection if OPUC budget is improved for such regulatory activities. Pls determine if OPUC desires citites' asisstance in takin a position. If not, I recommend Neutral for now. HB 2254 Relating Clause: Relating to provision of financial assistance by the Housing and Community Services Department. Title: Gives Housing and Community Services Department policy-making authority for disbursement of Housing Development and Guarantee Account revenue earnings and moneys appropriated from Housing and Community Services Department Electricity Public Purpose Charge Fund. Eliminates interest rate formula for loans from account 8 revenues. Allows department to set interest rate on loans made from account revenues and fund assistance moneys based on factors specific to project. Sponsored by: Governor Theodore R. Kulongoski for Housing and Community Services Department URL:http://www.leg.state.or.us/09reg/measpdf/hb2200.dir/hb2254.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Richie Weinman PDD-DEV 1/20/2009 Pri 3 No IV. C Support Comments: not a big issue for us. HB 2298 Relating Clause: Relating to donated leave. Title: Includes overtime in calculation of amounts of donated leave employee of State of Oregon, county, municipality or other political subdivision may receive. Sponsored by: at the request of House Interim Committee on Judiciary for American Federation of State, County and Municipal Employees URL:http://www.leg.state.or.us/09reg/measpdf/hb2200.dir/hb2298.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Alana Holmes Susan Mullett CS-HRRS 1/16/2009 Pri 3 No Monitor Comments: Watch if change on change around calculation for leave HB 2315 Relating Clause: Relating to records in possession of Department of Public Safety Standards and Training. Title: Provides that information relating to investigations conducted by Department of Public Safety Standards and Training may be withheld from public disclosure until investigation is completed, unless public interest requires disclosure. Provides that exempt information provided to department in connection with investigation remains exempt while in possession of department, notwithstanding completion of investigation. Sponsored by: at the request of House Interim Committee on Judiciary for Judicial Department URL:http://www.leg.state.or.us/09reg/measpdf/hb2300.dir/hb2315.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation E.Cushman S. Swenson EPD-ADM 1/19/2009 Pri 3 No No Support Comments: We support this bill. Sections 1 and 2 of the bill provide that information which is part of investigations being conducted by DPSST (generally on the fitness of police officers, firefighters, or paramedics to maintain certification) be confidential until the investigation is complete, and a final report is issued. We support this, because it is in many cases necessary to keep such information confidential during an investigation to keep from compromising the investigation. Section 3 provides that records provided to DPSST for such an investigation which were already confidential will retain that confidentiality, both during and after the investigation. We support this because there was already a legal basis for the confidentiality of the information, and that should not change simply because the information was used as part of an investigation. If this provision is not there, one of two results will occur: either DPSST will not get the information it needs to conduct the investigation because the holder of the information does not want to compromise its confidentiality, or the information will lose the confidentiality which it already had simply because it was needed for an investigation. 9 HB 2322 Relating Clause: Relating to eyewitness identification; declaring an emergency. Title: Creates Task Force on Eyewitness Identification to study collection and handling of eyewitness identification evidence in criminal investigations. Sunsets task force on date of convening of next regular biennial legislative session. Declares emergency, effective on passage. Sponsored by: at the request of House Interim Committee on Judiciary for Oregon Criminal Defense Lawyers Association URL:http://www.leg.state.or.us/09reg/measpdf/hb2300.dir/hb2322.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation E. Cushman C. Tilby EPD-ADM 1/19/2009 Pri 2 No No Support Comments: We support this bill, which would create a task force to examine issues around use of eyewitness identification of suspects and to develop recommended guidelines for applicable policies, procedures, and training. This is an important issue in terms of being able to properly use identifications of suspects obtained from eyewitnesses of crimes, and is increasingly the subject of discussion and scrutiny by the courts and criminal justice professionals. We believe that it would be good for a task force to undertake a systematic review of the issue and develop recommended guidelines. The task force is constituted of a variety of professionals, including prosecuting and defense attorneys, a psychologist who is an expert in this area, and law enforcement professionals. HB 2329 Relating Clause: Relating to endangering the welfare of a minor. Title: Modifies crime of endangering welfare of minor. Sponsored by: at the request of House Interim Committee on Judiciary for Oregon Criminal Defense Lawyers Association URL:http://www.leg.state.or.us/09reg/measpdf/hb2300.dir/hb2329.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact E Cushman C. Tilby EPD-ADM 1/19/2009 Pri 3 No No Support Comments: We believe that the wording that this bill would add to the statute will help to plug a loophole in the current law which defendants sometimes attempt to use to escape being charged with endangering the welfare of a minor in drug possession and/or drug sales cases. With the current wording, as an example, if the child is not in the same room as the defendant when the latter is selling drugs, the defendant may attempt to argue that the child was not "in a place" where the drug sale was occurring. This law is designed to protect children, and allowing such a claim based on a technicality does not make sense in terms of what the law is trying to accomplish. This has ramifications not only in terms of whether the defendant can be criminally charged, but also with the ability of DHS to deal with the conditions detrimental to the child's welfare (since a situation where a person has committed a crime allows them more ability to take action to protect the child). HB 2361 Relating Clause: Relating to health benefit plan coverage. Title: Requires health benefit plan to cover drug containing pseudoephedrine for allergy symptoms if plan covers prescription drugs for allergy symptoms. Adds orthotic and prosthetic devices to cross-references for coverage by health care service contractors and multiple employer welfare arrangements. 10 Sponsored by: By Representative ROBLAN (at the request of David R. Anderson) URL:http://www.leg.state.or.us/09reg/measpdf/hb2300.dir/hb2361.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Myrnie Daut Myrnie Daut CS-HRRS 1/16/2009 Pri 3 No No Monitor Comments: I think this would require health plans to cover OTC allergy drugs. Most health plans exclude OTC drugs. HB 2365 Relating Clause: Relating to novelty lighters; and declaring an emergency. Title: Prohibits selling, offering for sale or distributing novelty lighters. Prohibits manufacture or importing of novelty lighters for purpose of sale or distribution in this state. Prohibits possession of novelty lighter in inventory for purposes of sale or distribution in this state. Applies to sales and distribution 91 days after effective date of Act. Applies to manufacture and import on or after effective date of Act. Creates exceptions for lighters manufactured before January 1, 1980, and for lighters permanently altered to prevent flame or other causes of combustion. Makes violations subject to civil penalty, not to exceed $500 per day for retail seller or distributor, $1,000 per day for wholesaler or $10,000 per day for manufacturer or importer. Authorizes State Fire Marshal to create and maintain list identifying lighters and classes or types of lighters that are novelty lighters. Makes State Fire Marshal listing of lighter as novelty lighter prima facie evidence lighter is novelty lighter. Declares novelty lighter listed by State Fire Marshal to be contraband subject to seizure, forfeiture and destruction. Allows seizure, forfeiture and destruction of unlisted novelty lighter after finding grounds for imposing civil penalty. Becomes operative 91 days after effective date of Act. Authorizes State Fire Marshal or representative to conduct inspections of facilities, inventory and business records related to manufacture, import, wholesale, storage, sale or distribution of lighters. Allows State Fire Marshal to enter into agreements for state or local agencies to act as representatives of State Fire Marshal. Declares emergency, effective on passage. Sponsored by: at the request of House Interim Committee on Consumer Protection URL:http://www.leg.state.or.us/09reg/measpdf/hb2300.dir/hb2365.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Glen Potter Glen Potter EFD 1/14/2009 Pri 2 No No Support Comments: This is an issue of serious concern to all fire service professionals and conscientious parents. Novelty lighters (lighters that resemble toys) are currently banned in some states and localities across the U.S., and should be banned in Oregon. HB 2379 Relating Clause: Relating to cigarette taxation; appropriating money; prescribing an effective date; providing for revenue raising that requires approval by a three-fifths majority. Title: Imposes additional tax on distributions of cigarettes. Applies to distributions on or after January 1, 2010. Continuously appropriates moneys collected from tax to Department of Revenue to be distributed to specified entities, funds and accounts. Establishes inventory and reporting requirements for cigarette distributors. Takes effect on 91st day following adjournment sine die. Sponsored by: Representative BEYER 11 URL:http://www.leg.state.or.us/09reg/measpdf/hb2300.dir/hb2379.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact Larry Hill Larry Hill CS-FIN 1/15/2009 Pri 2 Yes YesII. B1 Oppose Comments: HB 2379 would create entirely new statutory language that would impose a new state cigarette tax in addition to the existing state cigarette tax. The new stature would impose distribution schedule for the new revenue that would result in cities and counties receiving far smaller share that is recieved under the existing cigarette tax statutes. This would mean a net reduction in the percentage share of total cigarette tax revenue that the City of Eugene and other local government would receive. The alterntive that the City should support should be a simple increase in the existing cigaterre tax while the current percentage shares of total revenue are maintained as they are. The City of Eugene's current share of state cigerette tax revenue will be an estimated $262,000 in FY09. Cities may use their share for general government purposes, without program restrictions on their use. Oregon’s cigarette tax was approved in 1967. When it passed, the tax was $0.04 per pack, with 50 percent of the tax designated for property tax relief and 50 percent to be distributed to cities and counties. Since then, the amount of tax on cigarettes has increased but cities’ proportionate share of the tax revenue has shrunk, from 33 percent to just 1.7 percent of the total tax (a second penny was added for cities in 1986). The current tax rate is $1.18 per pack of 20 cigarettes. Despite the tax increase, cigarette tax revenues have generall been declining each year. Revenue from the tax is allocated as follows: $0.22 to the State General Fund, $0.87 to the Oregon Health Plan, $0.02 to cities, $0.02 to counties, $0.02 to the Oregon Department of Transportation for transportation services to the elderly and disabled, and $0.03 to the Tobacco Use Reduction Account. HB 2385 Relating Clause: Relating to smoking in a motor vehicle. Title: Creates offense of smoking in motor vehicle while person under age of 17 is in motor vehicle. Punishes by maximum fine of $90 for first offense, $180 for second offense and $360 for third or subsequent offense. Sponsored by: By Representative RILEY; Representatives HOLVEY, KOMP, Senator BURDICK URL:http://www.leg.state.or.us/09reg/measpdf/hb2300.dir/hb2385.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation ECushman D. Schulz EPD-ADM 1/19/2009 Pri 3 No No Neutral Comments: This bill is really a bill related to public health, rather than to traffic safety or any other area in which law enforcement agencies normally operate. From a public health standpoint, it is arguably a good thing to keep those under age 17 from suffering the effects of second-hand smoke while inside a vehicle. However, enforcement would be difficult and, given the necessary emphasis on enforcing traffic laws which directly relate to driving behaviors that result in traffic crashes, could not be an enforcement priority. SB 0024 Relating Clause: Relating to health benefit plan coverage of telemedical services. Title: Requires health benefit plan to provide coverage of medically necessary, evidence-based telemedical health service that meets specified criteria if health service is otherwise covered by plan. Applies to plans contracted for or renewed on or after effective date of Act. Sponsored by: Senate Interim Committee on Health and Human Services 12 URL:http://www.leg.state.or.us/09reg/measpdf/sb0001.dir/sb0024.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact Myrnie Daut Myrnie Daut CS-HRRS 1/16/2009 Pri 3 No No Monitor Comments: The City's health plans don't currently cover telemedical services, so this bill would have an impact on our plans. SB 0028 Relating Clause: Relating to tax policy. Title: Revises tax policy statute. Sponsored by: Senate Interim Committee on Finance and Revenue URL:http://www.leg.state.or.us/09reg/measpdf/sb0001.dir/sb0028.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Larry Hill Larry Hill CS-FIN 1/14/2009 Pri 3 Yes YesII. A2 Support Comments: SB 28 revises state tax policy. This in itself would have no direct financial impact on the City of Eugene. However the new language recognizes the need for revenue stability for local governments, and also states that tax expenditures (exemptions, discounts & credits) should be monitored and measured to ensure they are the most effective method to achieve a desired policy goal. Property tax expenditures have a significant negative impact on local tax revenues, and this change in tax poicy language would indicate an increased willingness of the legislature to address this. SB 0035 Relating Clause: Alternative fuel requirements; and declaring an emergency. Title: Requires Director of Transportation to compare amount of energy derived from petroleum products that is used in ethanol production to amount of energy derived from petroleum products that is save as a consequence of blending gasoline with ethanol. Requires director to issue notice to gasoline dealers that requires dealers to sell gasoline blended with certain percentage of ethanol if State Department of Agriculture finds that ethanol production has reached specified volume and if Director of Transportation finds that amount of energy derived from petroleum products that is saved as a result of ethanol blending exceeds amount of energy derived from petroleum products that is used in ethanol production during previous calendar year. Requires State Department of Agriculture to rescind notice if State Department of Agriculture issued notice before effective date of Act. Declares emergency, effective on passage. LC #1365 Sponsored by: Senate Committee on TRANSPORTATION URL:http://www.leg.state.or.us/09reg/measpdf/sb0001.dir/sb0035.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Brenda Wilson Eric Jones CMO-IGR 1/13/2009 Pri 2 Monitor Comments: "Staff has reviewed LC 1365 and come to the following preliminary position: The City of Eugene has been an advocate for the use of bio fuels in the organization for at least the past five years. This includes the use of ethanol and bio-diesel. We do not recommend that the City of Eugene move away from bio-fuel use unless it was shown to be environmentally harmful or more eco-costly than using 100% petroleum products. We are unable to determine the impact of ethanol production on food supplies and therefore cannot offer you an analytical opinion of that aspect of the issue. In general, the city of Eugene is committed to sustainable practices, including the use of renewable and sustainable fuels. Please keep us posted if this bill moves ahead." ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Felicity Fahy Felicity Fahy CS-CMO 1/20/2009 Pri 3 Yes YesVII. A1 Monitor 13 Comments: same comments as initial analysis SB 0039 Relating Clause: Rural health safety net; amending ORS 323.455; appropriating money; and declaring an emergency. Title: Dedicates certain cigarette tax revenues to certain rural health safety net programs and services. Appropriates moneys from General Fund to Rural Health Care Revolving Account for rural health safety net programs and services. Declares emergency, effective July 1, 2009. Sponsored by: Senate Committee on SENIOR AND DISABLED SERVICES URL:http://www.leg.state.or.us/09reg/measpdf/sb0001.dir/sb0039.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Larry Hill Larry Hill CS-FIN 1/15/2009 Pri 2 Yes YesII. B1 Monitor Comments: SB 39 would direct that part of the state's current share of cigarette tax revenue be directed to rural health services. As introduced this measure would not affect local governments’ shares of cigarette revenue, and I previously recommended neutrality. However, the measure might be amended to redirect part of cities' current share of this revenue to rural health purposes. For this reason I am now recommending that the measure be monitored for amendments that could negatively affect the City of Eugene's share of cigarette revenues. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Brenda Wilson Larry Hill CMO-IGR 1/14/2009 Pri 3 Neutral Comments: I recommend neutrality on LC 1128. This measure would assign a part of the state share of cigarette revenue but would not affect local governments’ shares. SB 0051 Relating Clause: Relating to the Prevailing Wage Education and Enforcement Account; declaring an emergency. Title: Requires Commissioner of Bureau of Labor and Industries by order to set fee adequate to pay costs of education and enforcement related to prevailing wage law and in amount between 0.1 percent and 0.2 percent of contract price for public works. Requires commissioner to set forth in rule basis for decision concerning fee. Declares emergency, effective on passage. Sponsored by: Commissioner of the Bureau of Labor and Industries Brad Avakian URL:http://www.leg.state.or.us/09reg/measpdf/sb0001.dir/sb0051.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Glen Svendsen Glen Svendsen CS-FAC 1/14/2009 Pri 3 Oppose Comments: Makes State's prevailing wage education and enforcement activites completely fee supported, doubles fee structure, and removes cap on payment local governments must make to BOLI. Converts prevailing wage educantion, surveys of prevaioing wages, investigation, enforcement and administration to a completely fee-based system means fees will likely be increased in the future to cover program costs. Potentiall decreases oversight on funding of general program funcitons like surveys and education during general budget processes. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Jeff Perry CS-FCS 1/15/2009 Pri 3 Oppose Comments: Agree with Glen Svendsen's comments... 14 RespondentDept Updated Priority Policy Poli Numb Recommendation Contact Paul Klope PWE 1/14/2009 Pri 3 Yes YesVIII. B Oppose Comments: Doubles fee charged by Bureau of Labor and Industry on public agencies from 0.1% to 0.2% of public infrastructure contract amount. BOLI uses the fee to fund it's operation and to fund surveys, education, and investigation and enforcement. This fee provides no benefit to local agencies and reduces the amount of public funds available for capital projects at a time when funding is being decreased. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Jenifer Willer Jenifer Willer PWE 1/20/2009 Pri 3 No No Oppose Comments: Doubles this relatively small fee. Not sure that this should (continue to) be the public agency's responsibity to pay this fee. SB 0077 Relating Clause: Relating to fiscally distressed counties; and declaring an emergency. Title: Establishes process to declare public safety services emergency in fiscally distressed county that fails to provide minimally adequate level of public safety services. Declares emergency, effective on passage. Sponsored by: Governor Theodore R. Kulongoski URL:http://www.leg.state.or.us/09reg/measpdf/sb0001.dir/sb0077.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation E Cushman S. Swenson EPD-ADM 1/19/2009 Pri 3 No No Monitor Comments: In its current form, this bill does not seem to directly affect cities, but it should be monitored for amendment. As written, it allows the Governor to declare a "public safety services emergency" if an analysis by the Oregon Criminal Justice Commission determines that a county is failing to provide a minimally adequate level of public safety services. This might be a good thing, if there were additional funding that would result for the distressed county. However, the bill as written does not seem to contain such a provision, and provides that the "fiscal control board" (established in Section 2 of the bill) will make recommendations to the county---essentially on how to use its own resources to get out of the situation. SB 0090 Relating Clause: Relating to novelty lighters; declaring an emergency. Title: Prohibits selling, offering for sale or distributing novelty lighters. Prohibits manufacture or importing of novelty lighters for purpose of sale or distribution in this state. Prohibits possession of novelty lighter in inventory for purposes of sale or distribution in this state. Applies to sales and distribution 91 days after effective date of Act. Applies to manufacture and import on or after effective date of Act. Creates exceptions for lighters manufactured before January 1, 1980, and for lighters permanently altered to prevent flame or other causes of combustion. Makes violations subject to civil penalty, not to exceed $500 per day for retail seller or distributor, $1,000 per day for wholesaler or $10,000 per day for manufacturer or importer. Authorizes State Fire Marshal to create and maintain list identifying lighters and classes or types of lighters that are novelty lighters. Makes State Fire Marshal listing of lighter as novelty lighter prima facie evidence lighter is novelty lighter. 15 Declares novelty lighter listed by State Fire Marshal to be contraband subject to seizure, forfeiture and destruction. Allows seizure, forfeiture and destruction of unlisted novelty lighter after finding grounds for imposing civil penalty. Becomes operative 91 days after effective date of Act. Authorizes State Fire Marshal or representative to conduct inspections of facilities, inventory and business records related to manufacture, import, wholesale, storage, sale or distribution of lighters. Allows State Fire Marshal to enter into agreements for state or local agencies to act as representatives of State Fire Marshal. Declares emergency, effective on passage. Sponsored by: Governor Theodore R. Kulongoski for Department of State Police URL:http://www.leg.state.or.us/09reg/measpdf/sb0001.dir/sb0090.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Glen Potter Glen Potter EFD 1/14/2009 Pri 2 No No Support Comments: This is a matter of serious concern to all fire service professionals and conscientious parents. Novelty lighters (lighters that resemble toys) are currently banned in a number of states and localities across the U.S., and should be banned in Oregon. SB 0102 Relating Clause: Relating to solid fuel burning devices. Title: Extends air quality provisions relating to emissions from woodstoves to solid fuel burning devices. Modifies provisions relating to sale of solid fuel burning devices. Defines 'solid fuel burning device.' Prohibits burning of certain materials in solid fuel burning devices, masonry fireplaces or trash burners. Renames Residential Wood Heating Air Quality Improvement Fund to Residential Solid Fuel Heating Air Quality Improvement Fund. Modifies certain aspects of fund. Modifies prohibition on installation of used solid fuel burning devices. Modifies prohibition on sale of used solid fuel burning devices. Modifies provisions relating to removal of solid fuel burning devices. Modifies requirements for solid fuel heating curtailment program. Adds questions regarding woodstoves and fireplace inserts to seller's property disclosure statement. Sponsored by: Governor Theodore R. Kulongoski for Department of Environmental Quality URL:http://www.leg.state.or.us/09reg/measpdf/sb0100.dir/sb0102.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Mark Whitmill Mark Whitmill PDD-BPS 1/20/2009 Pri 3 VII. A2 Support Comments: I recommend supporting SB 102. This bill seems to be consistent with City's Legislative policies regarding climate change, reducing carbon emissions and improving air quality. It does not involve any significant change to State mechanical code or building code requirements. It may result in more mechanical permits being issued in Eugene, as non- certified devices are replaced with new ones in connection with home sales, but otherwise should have little or no effect on Building & Permit Services administration of the State building codes. 16 SB 0124 Relating Clause: Relating to operating a vehicle without driving privileges. Title: Increases penalty for operating motorcycle without motorcycle endorsement. Punishes by maximum fine of $720. Sponsored by: Governor Theodore R. Kulongoski for Department of Transportation URL:http://www.leg.state.or.us/09reg/measpdf/sb0100.dir/sb0124.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact E Cushman D. Schulz EPD-ADM 1/19/2009 Pri 3 Yes YesV. C7 Support Comments: We support this bill, which would increase the penalty for operating a motorcycle without the required endorsement. This particular issue has been the subject of discussions at many of our 3-Flags traffic safety conferences. There is a very high percentage of motorcycle operators out there who do not have proper motorcycle endorsements. This means they are out there operating without having first demonstrated the basic skills required to operate that type of vehicle. On top of that, most who are not endorsed also do not have insurance. Furthermore, given the design of a motorcycle, an operator and/or their passengers are at a substantially higher risk of serious injury or death should they become involved in a crash. SB 0171 Relating Clause: Relating to physical hazards to air navigation. Title: Requires person to get permit from Oregon Department of Aviation before constructing object or structure that constitutes physical hazard to air navigation. Sponsored by: Governor Theodore R. Kulongoski for Oregon Department of Aviation URL:http://www.leg.state.or.us/09reg/measpdf/sb0100.dir/sb0171.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Cathryn Stephens PW-APT 1/20/2009 Pri 2 Oppose Comments: Oppose unless amended to add "with approval from local airport sponsor." The language in Section 2 would currently permit the ODA to allow the construction of an object or structure that poses a hazard to air navigation with no input from the airport sponsor. This could potentially impact the Eugene Airport. SB 0192 Relating Clause: Relating to historic property tax incentives; prescribing an effective date. Title: Creates historic property partial tax exemption. Requires property owners applying for historic property partial tax exemptions to submit and implement historic preservation plan for participating property. Establishes initial 15-year period of partial tax exemption after which property owners continue to receive partial tax exemption at lower percentage. Authorizes recertification for second period of partial tax exemption. Permits application for participation in historic property partial tax exemption until July 1, 2025. Restricts second 15-year term of historic property special assessment to commercial historic properties and to residential historic properties located in areas where governing body has authorized second term for residential property. Reduces application fee for participation in historic property special assessment program. Creates indeterminate period partial tax exemption for historic properties that have completed at least one 15-year period partial tax exemption. Extends existing historic property special assessment program to July 1, 2025. Sponsored by: Governor Theodore R. Kulongoski for State Parks and Recreation Department 17 URL:http://www.leg.state.or.us/09reg/measpdf/sb0100.dir/sb0192.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact Richie Weinman Richie Weinman PDD-DEV 1/20/2009 Comments: Planning issue. They should be lead. Richie ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Larry Hill Larry Hill CS-FIN 1/20/2009 Pri 2 Yes II. A2 Oppose Comments: SB 192 would establish a new 15 year partial exemption from property taxes for properties for which historic preservation plans have been submitted to and approved by the state. Participating residential property would be taxed on 60% of assessed value, and commercial property would be taxed on 50% of assessed value, for 15 years, after which the exemption could be renewed. The state would not reimburse local jurisdictions for lost property tax revenue. It is unknown how many properties would qualify for the exemption, so financial impact on the City of Eugene cannot be accurately estimated. SB 0199 Relating Clause: Relating to affordable housing tax credits; prescribing an effective date. Title: Increases monetary cap on allowable affordable housing tax credits. Applies to affordable housing tax credits claimed in tax years beginning on or after January 1, 2010. Takes effect on 91st day following adjournment sine die. Sponsored by: Governor Theodore R. Kulongoski for Housing and Community Services Department URL:http://www.leg.state.or.us/09reg/measpdf/sb0100.dir/sb0199.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Richie Weinman PDD-DEV 1/20/2009 Pri 1 Yes IV. C Support Comments: This is a critical bill. This program has been effective at helping to finance low-income housing projects. However,the program is capped out and if the cap isn't raised the program doesn't operate. This supports the heart of our housing policy. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Larry Hill Larry Hill CS-FIN 1/20/2009 Pri 1 Yes IV. C Support Comments: SB 199 would have no financial impact on the City of Eugene. I defer to Richie Weinman's recommendation to support under the legislative housing policy. SB 0200 Relating Clause: Relating to homelessness. Title: Establishes state policy regarding homelessness. Sponsored by: Governor Theodore R. Kulongoski for Housing and Community Services Department URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0200.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Richie Weinman PDD-DEV 1/20/2009 Pri 2 Yes IV. C Support Comments: This bill will increase the state's commitment to addrerssing homelessness and could lead to more local funds. This directly supports a City Council goal and could, if it becomes controversial, become something that I upgrade to a #1 priority later. 18 SB 5548 Relating Clause: Relating to financial administration of the Department of Transportation; appropriating money; declaring an emergency. Title: Appropriates moneys from General Fund to Department of Transportation for rail programs. Limits certain biennial expenditures from fees, moneys or other revenues, including Miscellaneous Receipts and certain federal funds, but excluding lottery funds and other federal funds, collected or received by department. Limits biennial expenditures by department from federal funds. Limits certain biennial expenditures by department from lottery moneys. Authorizes specified nonlimited expenditures. Declares emergency, effective July 1, 2009. Sponsored by: Budget and Management Division, Oregon Department of Administrative Services URL:http://www.leg.state.or.us/09reg/measpdf/sb5500.dir/sb5548.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Eric Jones Eric Jones PW-ADM 1/14/2009 Pri 3 Yes YesIII. A Neutral Comments: Typically the City does not advocate state agency budget bills. This bill, sponsored by the Oregon Department of Administrative Services, appears to establish budget limitations in various ODOT expenditure categories. This reviewer is unable to determine if the proposed limitations are appropriate. It does seem to be putting the cart before the horse to set categorical expenditure limitations before the broader questions of transportation funding needs and potential source of additional transportation revenues have been discussed by the Legislature. Several additional factors should be considered in reviewing this bill: - It should be determined that the limitations set forth would in no way restrict or reduce the amount of funding the city receives via highway trust fund allocations or other revenue-sharing agreements from ODOT "fees, moneys or other revenues." - It should be determined that the limitations set forth would not limit or preclude the amount of funding the state and/or the city might receive through federal economic stimulus payments (that appears to be addressed in the preamble to section 2). - It is unclear to this reviewer what "rail programs" are (i.e., how the addtional $1.2 million from the state general fund would be spent). SJR 2 Relating Clause: Proposing amendment to Oregon Constitution relating to surplus corporate income or excise tax revenue. Title: Proposes amendment to Oregon Constitution to transfer surplus corporate income or excise tax revenue to reserve fund intended to provide funding in response to economic decline. Refers proposed amendment to people for their approval or rejection at next general election. Sponsored by: Senate Interim Committee on Finance and Revenue URL:http://www.leg.state.or.us/09reg/measpdf/sjr1.dir/sjr0002.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Larry Hill Larry Hill CS-FIN 1/20/2009 Pri 3 Yes II Support Comments: SJR 2 proposes a constitutional amendment they would fund a state rainy day reserve fund with tax revenue currently subject to the tax kicker refund provision. The measure would be placed on the next general election ballot. 19 IGR BILL REPORT February 4, 2009 CITY OF EUGENE HB 2072 Relating Clause: Relating to carbon tax; appropriating money; prescribing an effective date; providing for revenue raising that requires approval by a three-fifths majority. Title: Imposes tax on each fuel supplier and utility based on amount of carbon in carbon-based fuel that is sold by fuel supplier to consumers in state or that is used to produce carbon- generated electricity supplied by utility to consumers in state. Limits tax on certain oil and natural gas to six percent of market value of oil or natural gas. Distributes moneys collected from tax to State Highway Fund, Common School Fund, Energy Crisis Trust Fund and Renewable Energy Resources Account. Creates Renewable Energy Resources Account to fund development of renewable energy resources. Appropriates moneys from General Fund to Department of Revenue and State Department of Energy for purpose of funding first year of administration of tax. Applies to carbon-based fuel sold to consumers or used to produce carbon-generated electricity on or after January 1, 2011. Takes effect on 91st day following adjournment sine die. Sponsored by: at the request of House Interim Committee on Revenue URL:http://www.leg.state.or.us/09reg/measpdf/hb2000.dir/hb2072.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Larry Hill CS-FIN 1/15/2009 Pri 1 Yes YesIII. A1 Monitor Comments: HB 2072 would impose a new tax on carbon-based fuels based on carbon content. As intriduced, this would be in addition to existing state and local motor vehicle fuel taxes, as the measure does not propose to repeal or restrict those taxes. While this measure has important environmental goals and social impacts, I'll restrict my comments to near-term financial impacts on the City. There would have two significant financial impacts on the City of Eugene. First, it would increase costs for motor vehicle fuel for operation of the City's fleet and would increase costs of electricity and natural gas for operation of City facilities. Simple changes in program operations, such as lowering facility temperatures or limiting operating hours, might mitigate some of these increased costs. If justified by lifecycle cost-benefit analyses, ongoing increased costs could also be mitigated by capital outlay to purchase more fuel effecient vehicles for the City fleet, or by making capital investmente in City facilities to decrease consumption of carbon-based fuels. The amount of taxation proposed by the measure is not yet stated, but in either of these instances costs to the City will increase by more than an incidental amount. Second, the new tax on motor vehicle fuel would likely increase revenue to the state Highway Trust Fund, of which the City receives a share. This could help address the Road Fund's operational shortfall. However, these revenues will likely decrease over time as the higher tax burden on motor vehicle fuel discourages use of carbon-based fuels. This measure should be closely monitored for the specific tax amount or any amendment that would limit or repeal existing state and local motor vehicle fuel tax revenue received by the City. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Eric Jones PW-ADM 1/14/2009 Pri 1 Yes Yes Monitor Comments: This proposes a significant change in fuel taxation that could have profound effects on funding for streets and highways (council policy III A) and affordable housing (via utility rates). It is not clear from the bill, as introduced, what effect a carbon tax would have on the existing state motor vehicle fuel tax/weight mile tax. City of Eugene objectives regarding 1 this aspect of the legislation should include no net loss of funding through the State Highway Trust Fund allocations and consistency and predictability in this source of funding. Another intent of the bill is to create taxes that would affect customers using heating oil as well as utilities and their customers who generate electricity using carbon-based fuels. EWEB would have a better sense of what impacts that might have on Eugene customers, and whether carbon-based fuel taxes would have an effect on housing affordability. It certainly should be noted that Eugene has a commitment to sustainability and climate change initiatives (VII A-1). Much more analysis would need to be done to determine if this bill can address those objectives without compromising the issues discussed above. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Felicity Fahy Felicity fahy CS-CMO 1/21/2009 Pri 1 Yes YesVII. A1 Monitor Comments: Need to monitor this one closely. I agree with Glen, Eric and Larry it could have a variety of fiscal implications for the city. The fund generated could also be important for financing beneficial renewable energy initiatives. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Glen Svendsen Glen Svendsen CS-FAC 1/16/2009 Pri 1 Monitor Comments: A carbon tax on energy used in City buildings and vehicle fllet would increase the City's cost of doing business. As a rough estimate, each 1% of tax would increase City costs for utilities and fuel by roughly $50,000. HB 2122 Relating Clause: Relating to tobacco tax; appropriating money; prescribing an effective date; providing for revenue raising that requires approval by a three-fifths majority. Title: Increases tax on cigarettes and other tobacco products. Distributes tax revenues from increase. Applies tax increase to cigarette and tobacco products reporting periods occurring on or after January 1, 2010, or first day of calendar month following effective date of Act. Takes effect on 91st day following adjournment sine die. Sponsored by: Governor Theodore R. Kulongoski URL:http://www.leg.state.or.us/09reg/measpdf/hb2100.dir/hb2122.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Larry Hill Doug Lauderbach CS-FIN 1/27/2009 Pri 2 Yes II. B1 Monitor Comments: I recommend monitoring; the bill does not reduce current funding levels nor does it restrict the use of state shared revenues for cities. HB 2122 would increase the state cigarette tax. However, as introduced, the bill does not specify the percentage share of total revenue that would go to cities, counties, and the state. If the bill is amended allocate the additional state cigarette tax as outlined in ORS 323.455, I would recommend to support. The City of Eugene's current share of state cigarette tax revenue will be an estimated $262,000 in FY09. Cities may use their share for general government purposes, without program restrictions on their use. Oregon’s cigarette tax was approved in 1967. When it passed, the tax was $0.04 per pack, with 50 percent of the tax designated for property tax relief and 50 percent to be distributed to cities and counties. Since then, the amount of tax on cigarettes has increased but cities’ proportionate share of the tax revenue has shrunk, from 33 percent to just 1.7 percent of the total tax (a second penny was added for cities in 1986). The current tax rate is $1.18 per pack of 20 cigarettes. Despite the tax increase, cigarette tax revenues have generally been declining each year. Revenues from the tax is allocated 2 as follows: $0.52 to the State General Fund, $0.59 to the Oregon Health Plan, $0.02 to cities, $0.02 to counties, $0.02 to the Oregon Department of Transportation for transportation services to the elderly and disabled, and $0.01 to the Tobacco Use Reduction Account. 323.030 Tax imposed; rate; exclusiveness; only one distribution taxed. (1) Every distributor shall pay a tax upon distributions of cigarettes at the rate of 29 mills for the distribution of each cigarette in this state. 323.455 Distribution of certain cigarette tax revenues. (1) All moneys received by the Department of Revenue from the tax imposed by ORS 323.030 (1) shall be paid over to the State Treasurer to be held in a suspense account established under ORS 293.445. After the payment of refunds, 89.65 percent shall be credited to the General Fund, 3.45 percent is appropriated to the cities of this state, 3.45 percent is appropriated to the counties of this state and 3.45 percent is continuously appropriated to the Department of Transportation for the purpose of financing and improving transportation services for elderly individuals and individuals with disabilities as provided in ORS 391.800 to 391.830. 323.031 Additional tax imposed; rate. (1) Notwithstanding ORS 323.030 (2) and in addition to and not in lieu of any other tax, every distributor shall pay a tax upon distributions of cigarettes at the rate of 30 mills for the distribution of each cigarette in this state. 323.457 Distribution of additional tax proceeds. (1) Moneys received under ORS 323.031 shall be paid over to the State Treasurer to be held in a suspense account established under ORS 293.445. After the payment of refunds: (a) 29.37/30 of the moneys shall be credited to the Oregon Health Plan Fund established under ORS 414.109; (b) 0.14/30 of the moneys are continuously appropriated to the Oregon Department of Administrative Services for distribution to the cities of this state; (c) 0.14/30 of the moneys are continuously appropriated to the Oregon Department of Administrative Services for distribution to the counties of this state; (d) 0.14/30 of the moneys are continuously appropriated to the Department of Transportation to be distributed and transferred to the Elderly and Disabled Special Transportation Fund established under ORS 391.800; and (e) 0.21/30 of the moneys shall be credited to the Tobacco Use Reduction Account established under ORS 431.832. HB 2141 Relating Clause: Relating to hazardous substances. Title: Expands definition of 'hazardous substance' to include substances that pose risk to public health and safety because of irreversible harm or chronic adverse health effects. Requires Director of Human Services to adopt standards for labeling products that contain hazardous substances. Clarifies provisions related to misbranded hazardous substances. Sponsored by: Governor Theodore R. Kulongoski for Department of Human Services URL:http://www.leg.state.or.us/09reg/measpdf/hb2100.dir/hb2141.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Jamie Iboa Craig Sorseth CS-HRRS 1/27/2009 Monitor Comments: I will defer to Glenn Potter. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Glen Potter Glen Potter EFD 1/23/2009 Pri 3 No No Monitor Comments: As written, bill would have no effect on City operations. Good bill from a general environmental standpoint. Should be monitored due to fairly general relating clause, "Relating to hazardous substances." 3 HB 2167 Relating Clause: Relating to distribution of 9-1-1 taxes. Title: Modifies timing of payment of certain administrative expenses of Office of Emergency Management from moneys in Emergency Communications Account. Sponsored by: Governor Theodore R. Kulongoski for Oregon Military Department URL:http://www.leg.state.or.us/09reg/measpdf/hb2100.dir/hb2167.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Jamie Iboa Joe Rizzi CS-HRRS 1/27/2009 Pri 3 Yes V. B2 Monitor Comments: I agree with and defer to Kristi Wilde. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Kristi J. Wilde Kristi Wilde EPD-911 1/27/2009 Pri 3 Yes V. B2 Monitor Comments: While this bill appears to primarily deal with the oversight of the recent transfer of the State 911 Program to the Oregon Military Department, the fact that it includes a relating clause is cause for potential concern and close monitoring for potential amendments. In the Governor's proposed budget, and in other discussions, there are already proposals to divert dedicated 911 funds. Not only is diversion of these dedicated funds an immediate service level and funding issue for local governments, thanks to congressional legislation, any diversion would remove our ability to collect tax from wireless users. Those users currently make up sixty percent of our 911 call volume in central Lane County. HB 2180 Relating Clause: Relating to energy; appropriating money. Title: Establishes Oregon Renewable Energy Grant Account and allows credit against income taxes for contributions to account. Authorizes State Department of Energy to award grants for renewable energy projects. Modifies business energy tax credit to include certain recycling facilities. Allows taxpayer to claim residential energy tax credit for hydroelectric generating system. Modifies provisions for claiming biomass tax credit. Limits eligibility to biofuels that have been converted into fuels ready for use as energy in Oregon. Revises biomass credit transfer provisions. Allows credit where biofuel producer is also agricultural producer or biomass collector. Applies to tax years beginning on or after January 1, 2010. Sponsored by: Governor Theodore R. Kulongoski for State Department of Energy URL:http://www.leg.state.or.us/09reg/measpdf/hb2100.dir/hb2180.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact Felicity Fahy Felicity Fahy CS-CMO 1/21/2009 Pri 3 Yes VII. A1 Monitor Comments: Monitor and probably support this bill. Use of tax credits to establish and support a renewable energy grants is another positive step towards adressing climate change and could help decrease state greenhouse gas emissions. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Glen Svendsen Glen Svendsen CS-FAC 1/23/2009 Pri 3 Yes VII. A1 Monitor Comments: Potentially will result in the long term in new renewable energy. Theoretically, will help Oregon and perhaps Eugene meet long-term carbon reductin goals. However, this would not be a high lobbying priority for the City. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Mike Penwell Mike Penwell CS-FAC 1/27/2009 Pri 3 Yes VII. A1 Monitor 4 Comments: I concur with Glen and Felicity's comments. HB 2181 Relating Clause: Relating to energy conserving improvements in existing buildings. Title: Authorizes local governments to establish local improvement district within which owners of qualifying residential and commercial property may receive loan financing of energy efficiency and renewable energy improvements to property. Authorizes State Department of Energy to make loans to finance energy efficiency improvements to existing real property in districts. Sponsored by: Governor Theodore R. Kulongoski for State Department of Energy URL:http://www.leg.state.or.us/09reg/measpdf/hb2100.dir/hb2181.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact Felicity Fahy Felicity Fahy CS-CMO 1/21/2009 Pri 2 Yes YesVII. A1 Support Comments: Support this bill, it sets out a tool that could be used by local authorities to help decrease carbon emissions. In Eugene buidlings contribute approximately half of the greenhouse gas emissions, any initiative to help decrease emissions in this sector could be very useful. HB 2181 Relating Clause: Relating to energy conserving improvements in existing buildings. Title: Authorizes local governments to establish local improvement district within which owners of qualifying residential and commercial property may receive loan financing of energy efficiency and renewable energy improvements to property. Authorizes State Department of Energy to make loans to finance energy efficiency improvements to existing real property in districts. Sponsored by: Governor Theodore R. Kulongoski for State Department of Energy URL:http://www.leg.state.or.us/09reg/measpdf/hb2100.dir/hb2181.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Glen Svendsen Glen Svendsen CS-FAC 1/21/2009 Pri 2 Support Comments: Provides an additional basis for forming a local improvement assesment district, and provides City taxing authority related to properties recieving energy loans. HB 2181 Relating Clause: Relating to energy conserving improvements in existing buildings. Title: Authorizes local governments to establish local improvement district within which owners of qualifying residential and commercial property may receive loan financing of energy efficiency and renewable energy improvements to property. Authorizes State Department of Energy to make loans to finance energy efficiency improvements to existing real property in districts. Sponsored by: Governor Theodore R. Kulongoski for State Department of Energy 5 URL:http://www.leg.state.or.us/09reg/measpdf/hb2100.dir/hb2181.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact Mike Penwell Mike Penwell CS-FAC 1/27/2009 Pri 2 Yes VII. A1 Support Comments: Sounds like a good mechanism for advancing energy efficiency and renewable energy improvement projects in existing buildings. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Steve Nystrom PDD-ADM 1/22/2009 Comments: Defer to other staff. Minimal impact on Planning related issues. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Richie Weinman PDD-DEV 1/20/2009 Support Comments: I'm not lead on this one. It seems to me that this bill enables the City to offer an incentive program but doesn't require it. therefore it offers a tool that can be used and we should support that. HB 2182 Relating Clause: Relating to small scale local energy projects. Title: Broadens definition of alternative fuel projects eligible for loan funds as small scale local energy project. Increases term of service for members of Small Scale Local Energy Project Advisory Committee. Sponsored by: Governor Theodore R. Kulongoski for State Department of Energy URL:http://www.leg.state.or.us/09reg/measpdf/hb2100.dir/hb2182.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact Felicity Fahy Felicity Fahy CS-CMO 1/21/2009 Pri 3 Yes VII. A1 Support Comments: Support, could encourage the development of small scale local energy projects using alternatives fuels. Another small incremental step towards decreasing carbon emissions and becoming less dependant on imported fossil fuels. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Glen Svendsen Glen Svendsen CS-FAC 1/21/2009 Pri 3 Support Comments: Agreee with Felicity ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Mike Penwell Mike Penwell CS-FAC 1/27/2009 Pri 3 Yes VII. A1 Support Comments: Seems like a small but positive step in the right direction both for reducing carbon emmissions and for promoting stability and experience on Small Scale Local Energy Project Advisory Committee. HB 2183 Relating Clause: Relating to field burning; declaring an emergency. Title: Allows Environmental Quality Commission to adopt rules listing additional counties to be covered by statutes relating to field burning. Modifies acreage that may be burned. Allows commission by order to permit emergency burning under certain conditions. Modifies fees for burning. Allows Department of Environmental Quality to evaluate burning programs. Declares emergency, effective on passage. Sponsored by: Governor Theodore R. Kulongoski for Department of Environmental Quality 6 URL:http://www.leg.state.or.us/09reg/measpdf/hb2100.dir/hb2183.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact Eric Wold Eric Wold PW-POS 1/20/2009 Pri 1 Yes YesVII. A2 Support Comments: HB 2183, which is sponsored by the governor, would eliminate open burning, stack burning, or pile burning of grass seed or cereal grain crop residues in the Willamette Valley by 2011. Eliminating these activities has been a priority for the City of Eugene for a number of years. During this legislative session, we also expect Representative Paul Holvey to also sponsor a bill that would eliminate open field burning effective immediately. Once we actually see that bill, the City of Eugene will need to strategize between these two bills. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Glen Potter Glen Potter EFD 1/27/2009 Pri 1 Yes Yes Support Comments: Fire defers to Parks & Open Space on this issue. While controlled burns provide our department with a training opportunity, we are prepared to adapt to a field burning ban. HB 2225 Relating Clause: Relating to pilot program to establish sites dedicated to affordable housing; declaring an emergency. Title: Directs Department of Land Conservation and Development to establish pilot program in which local governments may site and develop affordable housing. Declares emergency, effective on passage. Sponsored by: Governor Theodore R. Kulongoski for Department of Land Conservation and Development URL:http://www.leg.state.or.us/09reg/measpdf/hb2200.dir/hb2225.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Richie Weinman PDD-DEV 1/23/2009 Pri 2 Yes IV. C Support Comments: This provides an additional tool to provide land for low-income housing. We should support his from an affordable housing viewpoint. Lisa Gardner should look at this with Planning issues in mind. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Steve Nystrom PDD-ADM 1/26/2009 Pri 2 Support Comments: Agree with comments from Richie Weinman. Bill provides local choice whether to participate. Some amendments may be needed to address procedures more clearly. HB 2228 Relating Clause: Relating to transfer of development rights from resource lands; declaring an emergency. Title: Establishes pilot program to conserve resource lands by facilitating transfer of residential development rights from farm or forest property to other property. Declares emergency, effective on passage. Sponsored by: Governor Theodore R. Kulongoski for Department of Land Conservation and Development URL:http://www.leg.state.or.us/09reg/measpdf/hb2200.dir/hb2228.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Eric Wold Eric Wold PW-POS 1/27/2009 Pri 2 Yes IV. D5 Monitor Comments: See Steve Nystrom's comments. Also, see related bill HB 2081. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Steve Nystrom PDD-ADM 1/26/2009 Pri 2 Yes IV. D5 Monitor Comments: 7 Creates new tool for local governments to allow transfer of development rights to protect high value farm and forest land outside of UGB's. Counties and cities have authority to decide whether to implement program or not. City staff will continue to monoitor this bill with assistance from the League of Oregon Cities HB 2229 Relating Clause: Relating to recommendations of Oregon Task Force on Land Use Planning; appropriating money; declaring an emergency. Title: Establishes main principles for state land use system. Expands authorities for regional land use planning. Authorizes establishment of regional definitions of 'agricultural land' and 'forest land' for purposes of land use goal setting. Directs Land Conservation and Development Commission to carry out policy-neutral review and audit of land use system to reduce complexity. Provides for state strategic plan integrating land use, transportation and economic development priorities. Directs Oregon Progress Board to coordinate with Department of Land Conservation and Development, during or before next review of Oregon Benchmarks, to develop performance measures for each statewide land use goal. Appropriates moneys from General Fund to Department of Land Conservation and Development to implement specified provisions. Declares emergency, effective on passage. Sponsored by: Governor Theodore R. Kulongoski for Department of Land Conservation and Development URL:http://www.leg.state.or.us/09reg/measpdf/hb2200.dir/hb2229.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Steve Nystrom PDD-ADM 1/26/2009 Pri 2 Yes IV. D5 Monitor Comments: Bill provides greater opportunity for regional planning. Current language focuses on County/rural issues and state agency role, however the Bill could provide cities with greater flexibility in regional planning efforts. Given the number of aspects covered in this Bill, its likely further amendments will be proposed. Therefore, staff recommends monitoring this Bill as this point. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Eric Wold Eric Wold PW-POS 1/27/2009 Yes IV. D5 Comments: I defer to Steve Nystrom. HB 2230 Relating Clause: Relating to coordination of land use decision-making between state agencies and local governments. Title: Excludes from definition of 'land use decision' local government decision that state agency permit is consistent with statewide land use planning goals and compatible with acknowledged comprehensive plan when local government decision is based on prior local approval of permit for substantially same action. Directs Land Conservation and Development Commission to update and improve coordination of land use decision-making between state agencies and local governments. Sponsored by: Governor Theodore R. Kulongoski for Department of Land Conservation and Development URL:http://www.leg.state.or.us/09reg/measpdf/hb2200.dir/hb2230.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Steve Nystrom PDD-ADM 1/26/2009 Pri 3 Yes IV. D2 Monitor Comments: 8 Certain state permits (Dept. of Environmental Quality, Dept. of State Lands, etc.) require concurrence from local governments. This Bill attempts to provide clarity on local government's role, however the scope of this Bill is somewhat vague. Staff is working with League of Oregon Cities to answer such questions. Staff recommends monitoring this Bill at this point. HB 2236 Relating Clause: Relating to alternative fuel distribution. Title: Permits Department of Transportation to participate in alternative fuel project. Sponsored by: Governor Theodore R. Kulongoski for Department of Transportation URL:http://www.leg.state.or.us/09reg/measpdf/hb2200.dir/hb2236.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Eric Jones Eric Jones PW-ADM 1/20/2009 Pri 3 Yes VII. A1 Support Comments: HB 2236 provides ODOT, a state agency, with additional options for testing the distribution and use of alternative motor vehicle fuels. Specifically, it allows ODOT to develop alternative fueling stations in state highway rest areas. This could extend the network of places where motorists could obtain hydrogen or electrical power. HB 2236 does not directly affect the City of Eugene. However, it is consistent with the City's goals around sustainability and climate change initiatives. Based on those policies, staff recommends support. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Felicity Fahy Felicity Fahy CS-CMO 1/23/2009 Pri 3 Yes VII. A1 Support Comments: I agree with Eric Jones. HB 2239 Relating Clause: Relating to consequences of test refusal. Title: Provides that person commits offense of refusal to take test for intoxicants if person refuses to submit to blood test or to take urine test if requested to do so under Motorist Implied Consent Law. Provides that offense is punishable by fine of at least $500 and not more than $1,000. Sponsored by: Governor Theodore R. Kulongoski for Department of Transportation URL:http://www.leg.state.or.us/09reg/measpdf/hb2200.dir/hb2239.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation E. Cushman A. San Miguel EPD-ADM 1/26/2009 Pri 3 No No Support Comments: We support this bill, which would expand the offense of refusal to take a breath test to include refusal to take a blood or urine test in those (fairly limited) situations where a person is required by statute to submit to such a test. This would create a consistent penalty for refusing any required test for intoxicants, instead of the rather odd situation which currently exists where there it is an offense to refuse to submit to a breath test when required by law, but not when the person refuses to submit to a required blood or urine test. Having this law in place will provide more of an incentive for the person to submit to the legal requirement, which is designed to provide a basis for objective determination of whether the person is or is not under the influence of an intoxicant while driving, and provide a sanction if s/he does not. 9 HB 2246 Relating Clause: Relating to the consumption of alcoholic liquor by underage persons. Title: States conditions under which parent or guardian may give or otherwise make alcoholic liquor available to person under 21 years of age. Exempts person exercising control over private residence from liability for allowing use of property by person under age of 21 years to consume alcoholic liquor supplied by accompanying parent or guardian. Sponsored by: Governor Theodore R. Kulongoski for Oregon Liquor Control Commission URL:http://www.leg.state.or.us/09reg/measpdf/hb2200.dir/hb2246.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Ellwood Cushman EPD-ADM 1/24/2009 Pri 3 No No Support Comments: We support this bill, introduced by the Governor at the request of the OLCC, which restricts the exception in which parents may supply alcoholic beverages to their minor children to situations where this occurs in a private residence and where the parent is accompanying the minor. This ensures that the parent is present to actually monitor and potentially assert appropriate control over the extent to which his/her child is consuming alcohol. It also provides an exception to the responsibility of the person in control of the private residence in such situations (since the juvenile's parent is present). HB 2263 Relating Clause: Relating to kidnapping. Title: Expands kidnapping in first degree to include kidnapping with purpose of committing sex crime against victim who is under 12 years of age. Sponsored by: Attorney General Hardy Myers for Department of Justice URL:http://www.leg.state.or.us/09reg/measpdf/hb2200.dir/hb2263.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact E. Cushman C. Tilby EPD-ADM 1/26/2009 Pri 2 No No Support Comments: We definitely support this bill for the protection of young children, particularly those that cannot fight back effectively. It is often difficult to argue that the offense should be Kidnap I under the old definition because it required a showing that the intent was to cause physical injury. This expands the law to treat a kidnapping as Kidnap I if the victim is younger than 12 years of age, and it can be proven that the purpose of the kidnapping was to further the commission or attempted commission of rape, sodomy, or unlawful sexual penetration. HB 2265 Relating Clause: Relating to search warrants. Title: Provides that search warrant authorizing seizure of items from corporation or limited partnership may be executed in manner provided by Oregon Rules of Civil Procedure for service of summons. Sponsored by: Attorney General Hardy Myers for Department of Justice URL:http://www.leg.state.or.us/09reg/measpdf/hb2200.dir/hb2265.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation E. Cushman C. Tilby EPD-ADM 1/26/2009 Pri 2 No No Support Comments: Given the number of times we need to serve warrants on corporations and limited partnerships, this is a good bill that allows service using the alternative methods since it is not feasible to use normal search warrant procedures with such large entities. While this may not be a frequent problem, when working larger cases involving money laundering, ponzy schemes and identity theft this removes a barrier for search warrant service on 10 corporations. This bill allows warrant service using procedures already in place for the service of summonses to such entities. HB 2266 Relating Clause: Relating to warrants for mobile tracking devices. Title: Modifies definition of 'mobile tracking device' for purposes of executing warrant. Provides complete defense to prosecution for intercepting communications under certain circumstances, including good faith reliance on court order. Sponsored by: Attorney General Hardy Myers for Department of Justice URL:http://www.leg.state.or.us/09reg/measpdf/hb2200.dir/hb2266.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation E Cushman C. Tilby EPD-ADM 1/26/2009 Pri 3 No No Support Comments: We support this bill, as it brings into alignment the statute and current technology. It also adds a good faith defense to the issue of intercepted communications, which has been an oversight. HB 2330 Relating Clause: Relating to felons. Title: Applies defense to crime of felon in possession of firearm to certain other crimes predicated on person's status as felon. Sponsored by: at the request of House Interim Committee on Judiciary for Oregon Criminal Defense Lawyers Association URL: http://www.leg.state.or.us/09reg/measpdf/hb2300.dir/hb2330.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation E Cushman R. Barrong EPD-ADM 1/26/2009 Pri 3 No No Monitor Comments: This bill, as currently written, appears to simply make existing laws regarding felons in possession of weapons more consistent. However, this bill should be carefully monitored for any amendments, because even a slight change could have a significant negative impact on the ability to keep weapons out of the hands of convicted felons. HB 2384 Relating Clause: Relating to local public safety coordinating councils; appropriating money; declaring an emergency. Title: Requires Oregon Criminal Justice Commission to administer collaboration grants for local public safety coordinating councils. Appropriates moneys from General Fund to commission for purposes of Act. Declares emergency, effective on passage. Sponsored by: Representative NATHANSON URL:http://www.leg.state.or.us/09reg/measpdf/hb2300.dir/hb2384.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation E Cushman P. Kerns EPD-ADM 1/24/2009 Pri 3 Yes YesII. B1 Support Comments: We support this bill, which would provide state funding to match funding of local public safety coordinating councils for interagency projects involving a collaborative solution to a local public safety concern. Although this bill will have difficulty achieving an appropriation of state funds in the context of the severe fiscal situation the state is facing, we support this 11 approach which helps to fund collaborative multi-agency approaches to solving local problems which might not otherwise be possible financially. HB 2397 Relating Clause: Relating to fabrication of nonstandard items specifically for public works. Title: Includes in definition of 'public works' fabrication or manufacture of nonstandard items produced by contract specifically for public works. Sponsored by: Representative HOLVEY URL:http://www.leg.state.or.us/09reg/measpdf/hb2300.dir/hb2397.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact Eric Jones Eric Jones PW-ADM 1/20/2009 Pri 2 Oppose Comments: Recommend Paul Klope review this legislation to determine potential contract costs and impacts. Agree with Paul's analysis ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Paul Klope PWE 1/16/2009 Pri 2 Yes VIII. B Oppose Comments: This bill would require payment of prevailing wages to workers employed under contracts to fabricate or manufacture nonstandard items. This bill is not in the City's best interest for at least two reasons: 1. it creates a new class of contracts for which prevailing wages must be paid which will be difficult to monitor and enforce; 2. it doesn't define "nonstandard items". Currently, contracts for fabrication and/or manufacture items which may be used for public works fall under law governing procurement of goods and services (ORS279A). These contracts are written for a wide range of items that public works agencies purchase to construct public infrastructure. To require prevailing wage laws to be imposed, monitored and enforced on procurement contracts would be an overwhelming administrative task for BOLI and for public agencies due to the number of contracts and because items being purchased for public works projects may not be manufactured or fabricated in Eugene or even in Oregon. Another concern is that by opening the door to "nonstandard" items, it is a small step with huge consequences to open that door further to "standard" items. Another aspect of the language that would make this new law subject to considerable dispute is the use of the term "nonstandard" without a definition. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Jerome Lidz ATTORNEY 1/21/2009 Pri 2 Yes II Oppose Comments: I agree with all of Glen's and Paul's insightful comments. In addition to increasing the City's costs in the ways they describe, this bill would create administrative problems for the manufacturer, which may have to pay the same worker at different hourly rates in any given pay period. As a result, we may receive fewer proposals to make items covered by this bill and/or the cost will be higher. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Glen Svendsen Glen Svendsen CS-FAC 1/16/2009 Pri 2 Oppose Comments: In addition to Paul Klope's comments, this language would create a jurisdictional problem for building and heavy civil construction. The "fabrication or manufacture of non-standard items" may occur outside of the State. It is not clear what liability the City would be under to monitor and report on wages paid by non-Oregon contractors or subcontraactors in this situation. For the most part, "public works" are site specific, and construction activity and personnel are located at the construction location. This proposed change in the definition of a "public work" breaks the connection of the work being done to a location within the jurisdiction of the State. See staff response to HB 2998 last session. My comments at that time were: "This bill would create significant administrative and enforcement problems for local governments, and could increase the cost of public buildings, perhaps substantially. By extending 12 Oregon prevailing wage law to "the fabrication of non-standard items made to order" for building projects, a number of issues are created. First, there is no definition in the bill of what "non-standard" means. A number of building elements and systems are potentially "non-standard", as they are designed and fabricated for a specific, unique installation, even though some components of these elements may be standardized items. Examples are HVAC ducting and equipment connections, lighting systems, glazing systems, furniture systems, etc. Another issue is that these building elements may be constructed outside of the region, outside Oregon, and in some cases, outside the U.S. There is no indication how Oregon prevailing wage requirements would apply to these situations. Finally, enforcement of prevailing wage requirements are typically done by those managing the construction project, through payroll review and interviews with workers. It is not clear how the prevailing wage requirements would be monitored and enforces for the off-site fabrication of building components." ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Mike Penwell Mike Penwell CS-FAC 1/23/2009 Pri 2 Oppose Comments: I agree with Paul's and Glen's comments. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Jeff Perry CS-FIN 1/16/2009 Pri 2 Oppose Comments: Completely agree with Glen and Paul's comments. HB 2401 Relating Clause: Relating to assault. Title: Expands crime of assault in the third degree to include assault with dangerous substance on public safety officer. Sponsored by: COMMITTEE ON JUDICIARY (at the request of Oregon Council of Police Associations) URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2401.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation E. Cushman E. Cushman EPD-ADM 1/24/2009 Pri 2 No No Support Comments: We strongly support this bill, which would expand a protection already in place for corrections officers to include firefighters, paramedics, police officers, and parole/probation officers. Current law makes is a crime under the Assault III statute to knowingly propel a dangerous substance (e.g., blood, urine, feces) at a corrections officer. This bill would expand the list of victims to include public safety officers (i.e., firefighters, EMTs, police officers, parole/probation officers). Besides being abhorrent to be struck with such substances, this act places public safety officers at serious risk because of the serious diseases which can be transmitted through such means. If such a public employee is assaulted in this manner, s/he must undergo a rigorous treatment regimen to try to mitigate the effects of any disease the suspect may have. In many cases, the employee may not know for a significant length of time whether s/he has in fact been exposed, and this affects his/her contacts with family and friends. It is difficult in many cases to obtain definitive information as to what the suspect may be infected with, and even if such information is obtained, test results are not absolutely determinative, as the suspect may have a disease which the test does not detect at that point. The best way to deal with this is to prevent it from happening in the first place. By making it a serious crime, some individuals who might otherwise be so inclined may be deterred. And, if someone decides to commit such an act anyway, s/he should be subject to significant sanctions upon conviction. 13 HB 2405 Relating Clause: Relating to services that use Internet Protocol. Title: Prohibits department, agency, commission or political subdivision of state from regulating Voice over Internet Protocol service and Internet Protocol-enabled service. Sponsored by: COMMITTEE ON BUSINESS AND LABOR URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2405.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact Pam Berrian Pam Berrian CS-ISD 1/27/2009 Pri 1 Yes IX Oppose Comments: Pre-empts local authority and Ord 20083's (1997) Telecom program in particular. Would result in significant adverse financial impact on the General fund and the Telecom project fund as Ord 20083 now requires fees for such provider's commercial, for-profit use of the public rights of way use fees by such providers. As a note, there is no federal standard for such state action; in fact, the current federal Internet Tax Freedom Act moratorium (until 2014 but Eugene is grandfathereed)specifically exempts Voice products such as this. Lastly, even if Eugene took the position (as we did when we prevailed in Ord 20083- related litigation) that it does not 'regulate' this service, such vague and over-reaching langauge will certainly lead again to costly litigation as providers are likely to allege that the City does regulate for purposes of this bill. It does not contain a grandfather clause for local governments such as Eugene but even if it did, such provisions are not litigation- proof, leading to additional City costs. HB 2408 Relating Clause: Relating to commuter rail. Title: Creates Task Force on Extending Washington County Commuter Rail to Salem. Sunsets task force on date of convening of next regular biennial legislative session. Sponsored by: By Representatives GREENLICK, BERGER; Representatives BARKER, BRUUN, CANNON, GALIZIO, GARRETT, HARKER, KOMP, READ, RILEY, THATCHER, WINGARD, Senators BONAMICI, HASS URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2408.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact Eric Jones Eric Jones PW-ADM 1/23/2009 Pri 3 Yes III. B Neutral Comments: Eugene's legislative policies include support for "improved, high-speed, customer-friendly passenger rail service in Oregon." The proposal to create a task force on extending commuter rail to Salem is consistent with that policy. The cost of a major extension of commuter rail may require the state to divert funding from projects that would more directly benefit Eugene. However, those impacts can be evaluated later, after the task force has come up with a proposal that would be presented to the 2011 Oregon Legislature. For now, Eugene can signal its tacit support for this effort by remaining neutral and allowing the entities most directly affected to carry the task force proposal. HB 5049 Relating Clause: Relating to financial administration of the Oregon Watershed Enhancement Board; declaring an emergency. Title: Directs Oregon Watershed Enhancement Board to allocate moneys deposited into Watershed Improvement Operating Fund and Watershed Improvement Grant Fund to various state agencies to implement section 4 (10), Article XV of Oregon Constitution. Limits biennial expenditures of board from federal funds and lottery funds. 14 Limits biennial expenditures from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by board for agency operations related to Oregon Plan. Directs board to establish by rule process for allocating available moneys in Restoration and Protection Subaccount of Parks and Natural Resources Fund. Declares emergency, effective July 1, 2009. Sponsored by: Budget and Management Division, Oregon Department of Administrative Services URL:http://www.leg.state.or.us/09reg/measpdf/hb5000.dir/hb5049.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Eric Wold Eric Wold PW-POS 1/27/2009 Yes VII. B3 Monitor Comments: This is the part of budget bill for the Oregon Watershed Enhancement Board (OWEB). It is related to HB 5050. OWEB is the agency that funds watershed councils and significant watershed enhancement throughout the state. The City of Eugene has been a recipient of land acquisition funds and restoration funds from OWEB. In addition, two local watershed councils, the Long Tom Watershed Council and the McKenzie Watershed Council, receive significant funding from OWEB. At this point, I recommend we monitor this bill. HB 5050 Relating Clause: Relating to financial administration of the Oregon Watershed Enhancement Board; declaring an emergency. Title: Limits expenditures of lottery funds from Parks and Natural Resources Fund for capital expenditures by Oregon Watershed Enhancement Board for six-year period beginning July 1, 2009. Declares emergency, effective July 1, 2009. Sponsored by: Budget and Management Division, Oregon Department of Administrative Services URL:http://www.leg.state.or.us/09reg/measpdf/hb5000.dir/hb5050.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Eric Wold Eric Wold PW-POS 1/27/2009 Yes VII. B3 Monitor Comments: This is the annual budget bill for the Oregon Watershed Enhancement Board (OWEB). It establishes the budget for capital expenditures for a six-year period beginning July 1 at over $54,000,000. OWEB is the agency that funds watershed councils and significant watershed enhancement throughout the state. The City of Eugene has been a recipient of land acquisition funds and restoration funds from OWEB. In addition, two local watershed councils, the Long Tom Watershed Council and the McKenzie Watershed Council, receive significant funding from OWEB. At this point, I recommend we monitor this bill. SB 0051 Relating Clause: Relating to the Prevailing Wage Education and Enforcement Account; declaring an emergency. Title: Requires Commissioner of Bureau of Labor and Industries by order to set fee adequate to pay costs of education and enforcement related to prevailing wage law and in amount between 0.1 percent and 0.2 percent of contract price for public works. Requires commissioner to set forth in rule basis for decision concerning fee. Declares emergency, effective on passage. Sponsored by: Commissioner of the Bureau of Labor and Industries Brad Avakian 15 URL:http://www.leg.state.or.us/09reg/measpdf/sb0001.dir/sb0051.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact Glen Svendsen Glen Svendsen CS-FAC 1/21/2009 Pri 3 Oppose Comments: Makes State's prevailing wage education and enforcement activites completely fee supported, doubles fee structure, and removes cap on payment local governments must make to BOLI. Converts prevailing wage educantion, surveys of prevaioing wages, investigation, enforcement and administration to a completely fee-based system means fees will likely be increased in the future to cover program costs. Potentiall decreases oversight on funding of general program funcitons like surveys and education during general budget processes. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Jeff Perry CS-FIN 1/15/2009 Pri 3 Oppose Comments: Agree with Glen Svendsen's comments... ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Paul Klope PWE 1/14/2009 Pri 3 Yes VIII. B Oppose Comments: Doubles fee charged by Bureau of Labor and Industry on public agencies from 0.1% to 0.2% of public infrastructure contract amount. BOLI uses the fee to fund it's operation and to fund surveys, education, and investigation and enforcement. This fee provides no benefit to local agencies and reduces the amount of public funds available for capital projects at a time when funding is being decreased. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Jenifer Willer Jenifer Willer PWE 1/20/2009 Pri 3 No No Oppose Comments: Doubles this relatively small fee. Not sure that this should (continue to) be the public agency's responsibity to pay this fee. SB 0079 Relating Clause: Relating to energy use of buildings. Title: Directs State Department of Energy to adopt energy efficiency rating system to be implemented for residential and nonresidential buildings by specified dates. Directs Director of State Department of Energy to convene advisory group to assist in establishing energy performance scores for residential and nonresidential buildings. Directs Director of Department of Consumer and Business Services to take certain actions to achieve increases in building energy efficiency. Directs director to adopt aspirational code related to building energy efficiency. Sponsored by: Governor Theodore R. Kulongoski URL:http://www.leg.state.or.us/09reg/measpdf/sb0001.dir/sb0079.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Felicity Fahy Felicity Fahy CS-CMO 1/20/2009 Pri 2 Yes YesVII. A1 Support Comments: Support, a state adopted energy rating system could help decrease Eugene's energy consumption and decrease greenhouse gas emissions. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Glen Svendsen Glen Svendsen CS-FAC 1/21/2009 Pri 2 Support Comments: Building energy performance standards would be consistent with City policy. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Ethan Nelson Ethan Nelson PDD-BPS 1/21/2009 Pri 2 Yes IV. C Support Comments: SB79 is part of Gov. Kulongoski’s Climate Change Legislative Package. This bill directly addresses energy efficiency in buildings by providing a suite of actions including the rating 16 system, an advisory group, building code updates, and dedicated timeline for implementation. Multiple council policies support this legislation including: IV.A Sustainable Development, IV.B Building Code, IV.C Housing, and VII.A1 Climate Change. Areas of consideration: 1. Sect 1: Provides property rating system for buildings, but does not specify mechanism for regulatory perspective or potential cost recovery. 2. Sect. 3: Advisory group to establish scores must include broad stakeholders including representatives from BOMA, HBA, Utilities, Municipalities, Real Estate, and State Gov. 3. Sect 6: Support: sets timeline for increase in building energy codes for non residential (30%) and residential (15%) by 1/1/2012. 4. Questions: How will the program verify new buildings, by the design model or by actual performance? If this is dependent upon a 3rd party verifier, how to ensure quality verification? SB 0080 Relating Clause: Relating to greenhouse gas emissions; appropriating money; declaring an emergency. Title: Directs Environmental Quality Commission to adopt by rule greenhouse gas cap-and-trade system to achieve greenhouse gas emissions reduction goals. Requires application of cap- and-trade system to all energy facilities. Allows suspension of state's cap-and-trade system if federal cap-and-trade system is adopted. Allows commission to require registration and reporting relating to greenhouse gas emissions and to establish registration fees. Establishes Climate Improvement Fund. Continuously appropriates moneys in fund to Department of Environmental Quality for certain expenses related to greenhouse gas emissions. Creates Oregon Climate Initiative Task Force. Authorizes task force to develop and present design recommendations for greenhouse gas cap-and-trade system to department. Sunsets task force on January 2, 2012. Requires department to report on development of greenhouse gas cap-and-trade system and to submit to Seventy-sixth Legislative Assembly rules adopted by commission that implement cap-and-trade system. Declares emergency, effective on passage. Sponsored by: Governor Theodore R. Kulongoski URL:http://www.leg.state.or.us/09reg/measpdf/sb0001.dir/sb0080.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact Lori Davis Peter Ruffier PWW 1/26/2009 Pri 2 Yes VII. A1 Monitor Comments: We concur with Felicity Fahy's comments, however the impact on wastewater treatment operations could be significant and potentially expensive depending upon how the cap and trade system is established. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Glen Svendsen Glen Svendsen CS-FAC 1/21/2009 Pri 2 Support Comments: Agree with Felicity's comments. Also, this system would be adopted by sereval western states and canadian provinces, to create a regional, integreated cap and trade system. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Felicity Fahy Felicity Fahy CS-CMO 1/20/2009 Pri 2 Yes VII. A1 Support Comments: 17 Support and monitor for amendments. The development of an effective cap and trade system would be an important step towards implementing carbon reduction targets. The Eugene/Springfield waste water plant is currently the only city facility that would be initially required to report on emissions but others could be required. SB 0101 Relating Clause: Relating to greenhouse gas. Title: Makes legislative findings regarding global warming and electricity. Requires State Department of Energy to establish greenhouse gas emissions performance standard for generating facilities that produce baseload electricity. Prohibits electricity provider from entering into long-term financial commitment unless generating facility complies with greenhouse gas emissions performance standard. Prohibits Public Utility Commission from approving long-term financial commitment by electric company unless generating facility complies with greenhouse gas emissions performance standard. Requires State Department of Energy to ensure consumer-owned utility complies with greenhouse gas emissions performance standard. Modifies definition of 'energy facility' for purposes of regulation of energy facilities. Modifies circumstances in which site certificate not required. Sponsored by: Governor Theodore R. Kulongoski for State Department of Energy URL:http://www.leg.state.or.us/09reg/measpdf/sb0100.dir/sb0101.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Felicity Fahy Felicity Fahy CS-CMO 1/26/2009 Pri 3 Yes VII. A1 Support Comments: I agree with Ethan. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Ethan Nelson Ethan Nelson PDD-BPS 1/26/2009 Pri 3 Yes VII. A1 Support Comments: The City should support this legislation. SB 101 directs the Oregon Department of Energy to establish rules on the production of greenhouse gas emissions from utilities producing baseload electricity. These rules will be for all electric utilities including municipal owned and cooperatives. The emission standard is based on combined cycle natural gas generation, which will benefit all production sources that are cleaner and penalize those that have higher GHG emissions (e.g. coal fired plants). The rules level the market by requiring the PUC to approve all long term financial commitments that comply with the standard. Those that don’t meet the standard will not be approved. This should increase the development of renewable and clean energy generation for Oregon markets. Eugene’s power profile includes a nominal amount of high GHG emitting generation sources; therefore there may be a slight rate increase over time for any purchases of coal fired power. SB 0103 Relating Clause: Relating to fees for air contamination sources; declaring an emergency. Title: Allows Environmental Quality Commission to establish schedule of fees for registration of classes of air contamination sources. Specifies basis for fees. Declares emergency, effective on passage. Sponsored by: Governor Theodore R. Kulongoski for Department of Environmental Quality URL:http://www.leg.state.or.us/09reg/measpdf/sb0100.dir/sb0103.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Peter Ruffier Peter Ruffier PWW 1/26/2009 Pri 3 Yes YesVII. B2 Monitor 18 Comments: Potential impact on costs related to wastewater treatment, depending on how the classes of air contaminants are defined. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Felicity Fahy Felicity Fahy CS-CMO 1/23/2009 Pri 3 Monitor Comments: This does not effect City, but I have referred it to Peter Ruffier in Waste water in case it had an impact. SB 0169 Relating Clause: Relating to airports. Title: Directs local governments to amend their comprehensive plan and land use regulations regarding certain airports not later than specified date. Requires local governments to implement land use regulations applicable to airport with existing or approved control tower. Sponsored by: Governor Theodore R. Kulongoski for Oregon Department of Aviation URL:http://www.leg.state.or.us/09reg/measpdf/sb0100.dir/sb0169.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Robert Tintle Robert Tintle PW-APT 1/20/2009 Pri 3 Monitor Comments: No impact to City. Monitor for any changes. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Cathryn Stephens PW-APT 1/20/2009 Comments: I defer to Robert Tintle who will be responding. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Steve Nystrom PDD-ADM 1/22/2009 Pri 3 Monitor Comments: Agree with Airport staff. Bill is directed at Lane County. Proposed amendments are minor, but monitor for any changes. SB 0193 Relating Clause: Relating to state water resources strategy. Title: Directs Water Resources Department to develop state water resources strategy. Specifies content of strategy. Directs department to report to legislature regarding strategy. Sponsored by: Governor Theodore R. Kulongoski for Water Resources Department URL:http://www.leg.state.or.us/09reg/measpdf/sb0100.dir/sb0193.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Paul Klope PWE 1/27/2009 Pri 3 No No Monitor Comments: The title describes the bill. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Therese Walch Therese Walch PWE 1/20/2009 Pri 3 No No Monitor Comments: Bill would direct OWRD to develop coordinated state-wide water resources strategy. Assuming effective coordination with other state agencies (e.g. DEQ), the outcome could be beneficial overall and the strategy itself would ultimately affect the City of Eugene. 19 SB 0194 Relating Clause: Relating to water use measurement. Title: Requires Water Resources Department to implement Oregon Water Resources Department Strategic Measurement Plan. Requires Water Resources Commission to appoint water use measurement advisory committee. Requires department to report to interim legislative committees on environment and natural resources. Sponsored by: Governor Theodore R. Kulongoski for Water Resources Department URL:http://www.leg.state.or.us/09reg/measpdf/sb0100.dir/sb0194.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Therese Walch Therese Walch PWE 1/20/2009 Pri 3 Support Comments: Support appointing water use advisory committee and implementing OWRD's strategice water use measurement plan. No initial direct affect on City of Eugene. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Paul Klope PWE 1/27/2009 Pri 3 No No Support Comments: The title of the bill describes the content of the bill. SB 0201 Relating Clause: Relating to energy efficiency in low income housing; appropriating money. Title: Establishes energy efficiency program within Housing and Community Services Department. Specifies purposes of program funding. Appropriates moneys to department for 2009-2011 biennium for purposes of carrying out program. Sponsored by: Governor Theodore R. Kulongoski for Housing and Community Services Department URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0201.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact Ethan Nelson PDD-BPS 1/23/2009 Comments: I support Richie's comments. In addition, the funding will help transform the market for implementing more energy efficiency and green building strategies in the construction industry. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Richie Weinman PDD-DEV 1/20/2009 Pri 2 Yes IV. C Support Comments: Increasing energy efficiency will help to lower the utility bills for low-income households, making their housing more affordable. This bill establishes an incentive program. SB 0208 Relating Clause: Relating to suspension of driving privileges. Title: Provides that driving privileges of persons at least 15 years of age but under 21 years of age be suspended if minor is issued citation for attempting to purchase, purchasing, acquiring or possessing alcoholic beverages. Requires that police officers issue notices of intent to suspend, and confiscate Oregon driver licenses and permits, when police officers cite certain minors for attempting to purchase, purchasing, acquiring or possessing alcoholic beverages. Specifies contents of notice of intent to suspend. Authorizes issuance of temporary driving permits, hardship driver permits and emergency driver permits under certain circumstances. Restricts emergency driver permits to persons between 14 and 18 years of age. 20 Establishes procedure for seeking administrative and judicial review of suspension. Allows surcharge on certain fees collected by Department of Transportation for reinstatement of driving privileges. Provides that surcharge be in amount determined by department to be necessary to pay costs of implementing Act. Sponsored by: Attorney General Hardy Myers for Attorney Generals Underage Drinking Task Force URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0208.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact E. Cushman S. Kamkar EPD-ADM 1/26/2009 Pri 2 Yes V. C1 Oppose Comments: ***Oppose as written; support if appropriately amended.*** We support the concept of this bill, introduced at the request of the Attorney General's Underage Drinking Task Force, to help reduce underage drinking by allowing for the suspension of the driving privileges of an individual who is cited for being a minor who purchases, attempts to purchase, acquires, or possesses an alcoholic beverage. We oppose the bill in its current form because Section 2 of the bill *requires* that, if a police officer cites a person for this violation, the officer *must* initiate the DL suspension process. This is essentially the same process that an officer initiates for an impaired driver, and is fairly time-consuming. This mandate is simply impractical in some cases, such as at a party situation where officers are dealing with numerous individuals. And it may also be impractical on a busy night where the officer must minimize his/her time on a call involving a minor in possession of alcohol because of other pressing calls for service. The net result will be that there will be situations in which, if this bill is enacted as written, the officer will simply not take enforcement action at all for the alcohol violation because of the requirement that, if s/he does so, s/he must also go through the driver's license suspension process. There is another drain on officer time (and an expense to the City) of officers being required to appear at administrative hearings where the person contests the suspension. This bill is arguably an unfunded mandate on local law enforcement. If Section 2 of the bill were amended to make this something that the officer *can* do--- rather than something s/he *must* do---we would support this bill. This would allow officers discretion to determine, in each individual circumstance, whether to take this additional step or not, depending on the amount of time s/he has to devote to this incident and his/her assessment of whether this individual needs the additional incentive to comply with the law. The needed amendments could easily be made by these changes on page 1 of the bill: Line 12, change "shall give" to "may give"; Line 17, change "shall issue" to "may issue." We believe that, with this change, the bill could become a valuable tool to fight underage drinking. Note: This bill is very similar to SB 224, except that SB 224 applies only to those individuals 18-20 years of age. SB 0224 Relating Clause: Relating to suspension of driving privileges. Title: Provides that driving privileges of minors at least 18 years of age but under 21 years of age be suspended if minor is issued citation for attempting to purchase, purchasing, acquiring or possessing alcoholic beverages. Requires that police officers issue notices of intent to suspend, and confiscate Oregon driver licenses and permits, when police officers cite certain minors for attempting to purchase, purchasing, acquiring or possessing alcoholic beverages. Specifies contents of notice of intent to suspend. Authorizes issuance of temporary driving permits and hardship driver permits under certain circumstances. Restricts emergency driver permits to persons between 14 and 18 years of age. Establishes procedure for seeking administrative and judicial review of suspension. 21 Allows surcharge on certain fees collected by Department of Transportation for reinstatement of driving privileges. Provides that surcharge be in amount determined by department to be necessary to pay costs of implementing Act. Sponsored by: Attorney General Hardy Myers for Attorney Generals Underage Drinking Task Force URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0224.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation E Cushman S. Kamkar EPD-ADM 1/26/2009 Pri 2 Yes V. C1 Oppose Comments: ***Oppose as written; support if appropriately amended.*** We support the concept of this bill, introduced at the request of the Attorney General's Underage Drinking Task Force, to help reduce underage drinking by allowing for the suspension of the driving privileges of an individual who is cited for being a minor who purchases, attempts to purchase, acquires, or possesses an alcoholic beverage. We oppose the bill in its current form because Section 2 of the bill *requires* that, if a police officer cites a person for this violation, the officer *must* initiate the DL suspension process. This is essentially the same process that an officer initiates for an impaired driver, and is fairly time-consuming. This mandate is simply impractical in some cases, such as at a party situation where officers are dealing with numerous individuals. And it may also be impractical on a busy night where the officer must minimize his/her time on a call involving a minor in possession of alcohol because of other pressing calls for service. The net result will be that there will be situations in which, if this bill is enacted as written, the officer will simply not take enforcement action at all for the alcohol violation because of the requirement that, if s/he does so, s/he must also go through the driver's license suspension process. There is another drain on officer time (and an expense to the City) of officers being required to appear at administrative hearings where the person contests the suspension. This bill is arguably an unfunded mandate on local law enforcement. If Section 2 of the bill were amended to make this something that the officer *can* do--- rather than something s/he *must* do---we would support this bill. This would allow officers discretion to determine, in each individual circumstance, whether to take this additional step or not, depending on the amount of time s/he has to devote to this incident and his/her assessment of whether this individual needs the additional incentive to comply with the law. The needed amendments could easily be made by these changes on page 1 of the bill: Line 12, change "shall give" to "may give"; Line 17, change "shall issue" to "may issue." We believe that, with this change, the bill could become a valuable tool to fight underage drinking. Note: This bill is very similar to SB 208, except that SB 208 applies to those individuals 15- 20 years of age. SB 0230 Relating Clause: Relating to monetary obligations imposed as result of conviction. Title: Modifies method by which court clerk credits payments of monetary obligations imposed as result of conviction. Sponsored by: Attorney General Hardy Myers for Attorney Generals Restitution Reform Task Force URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0230.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Char Mauch CS-MUNI 1/22/2009 Pri 3 Support Comments: This change enables Municipal Court to disburse funds as our court management system allows. We are currently not able to correctly disburse these funds due to system constraints. 22 SB 0246 Relating Clause: Relating to assault. Title: Modifies crime of assault in third degree to include assault of elderly victim. Sponsored by: Senate Interim Committee on Judiciary for Oregon District Attorneys Association URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0246.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact E Cushman R. Barrong EPD-ADM 1/26/2009 Pri 2 No No Support Comments: We support this bill, which would expand Assault III to include situations where the victim is elderly, defined by the bill as 65 years of age or older. We believe that these members of the community, who are arguably less able to successfully defend themselves from assaultive behavior and who are likely to suffer more serious injury if assaulted, deserve this added degree of protection. We believe that the enhanced crime will serve as a deterrent in some cases, and will ensure a more appropriate sanction if a person elects to assault an older victim. SB 0247 Relating Clause: Relating to assault Title: Modifies crime of assault in third degree to include knowingly causing substantial physical injury. Sponsored by: Senate Interim Committee on Judiciary for Oregon District Attorneys Association URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0247.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation E. Cushman R. Barrong EPD-ADM 1/26/2009 Pri 2 No No Support Comments: We support this bill, which would expand Assault III to include situations where the suspect knowingly caused substantial physical injury to the victim. Examples of substantial physical injury given in the definition are "broken bones, severely swollen body parts, cuts that require stitches, the loss of significant amounts of blood and the removal of skin or hair." We believe that these types of more serious injury to victims, when knowingly done by the suspect, merit a higher degree of culpability than situations in which the injuries to the victim are not so severe. Under the current law, situations involving these types of injuries could only be charged as Assault IV, a misdemeanor. SB 0251 Relating Clause: Relating to restricted weapons Title: Modifies crime of felon in possession of restricted weapon to include tasers. Sponsored by: Senate Interim Committee on Judiciary for Oregon District Attorneys Association URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0251.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Ellwood Cushman E. Cushman EPD-ADM 1/24/2009 Pri 2 No No Support Comments: We strongly support this bill, which would add an Electro-Muscular Disruption Technology device (such as the TASER) to the list of weapons which most convicted felons cannot legally possess. Such a device has the ability to instantly immobilize the person against whom it has been used, allowing the suspect to do whatever s/he wants to the victim. If such a device were successfully used against a police officer, the suspect could take the officer's firearm and kill him/her. There is no legitimate reason why a convicted felon should be allowed to possess such a device when such a felon is already prohibited from possessing such weapons as metal knuckles and certain types of knives. 23 SB 0263 Relating Clause: Relating to damages. Title: Increases amount of noneconomic damages that may be awarded in civil action seeking damages arising out of bodily injury. Corrects inaccurate reference for definition. Sponsored by: Senate Interim Committee on Judiciary URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0263.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Jamie Iboa Cathy Joseph CS-HRRS 1/27/2009 No No Monitor Comments: Will not have a significant financial impact on the City. SB 0269 Relating Clause: Relating to relocation of utility facilities. Title: Prescribes manner in which public body may require utility to relocate facilities legally located on property constituting public highway. Provides that public body may require relocation to extent necessary to accommodate public purpose construction projects. Provides that public body may require relocation for benefit of private party, or to allow private party to comply with conditions of approval for private development, only if private party pays costs incurred by utility. Allows utility to recover from retail customers total unreimbursed costs of relocation activities required by public body. Sponsored by: Senate Interim Committee on Judiciary URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0269.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact Pam Berrian Pam Berrian CS-ISD 1/27/2009 Pri 1 Yes IX Oppose Comments: Also likely that S269 violates Public Work's legislative policies as well. Pre-emption of local authority, and specifically pre-emption of Telecom Ord 20083 (1997) and related Admin Orders. In addition, likely pre-emption of other public rights of way use agrements for commercial providers such as for natural gas, electicity, water, sewer, railroad, and cable TV. Would increase City costs and costs of local PUD developments by changing the hundred-years old philosophy that utiliites have a conditional privlege, not a right, to use public rights of way and that when a public purpose --deemed by the City -- requires their relocation to a like location, they must do so at their own expense. SB 0278 Relating Clause: Relating to forfeitures. Title: Decreases time within which forfeiting agency must prepare notice of seizure. Sponsored by: Senate Interim Committee on Judiciary URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0278.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation E. Cushman R. Barrong EPD-ADM 1/26/2009 Pri 3 No No Monitor Comments: As currently written, we do not believe this bill will have enough of an impact on EPD or the City to actively lobby against the bill. Monitor for amendments which could change this. 24 SB 0291 Relating Clause: Relating to reporting vehicle accidents. Title: Requires filing of accident report when accident involves pedestrian or bicyclist. Creates offense of failure of pedestrian or bicyclist to make accident report. Punishes by maximum fine of $360. Sponsored by: Senate Interim Committee on Judiciary for Bicycle Transportation Alliance URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0291.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Lee Shoemaker PWE 1/27/2009 Pri 3 Yes V. C7 Oppose Comments: Under this bill, bicyclists and pedestrians will have the same crash reporting requirements as drivers, passengers in cars, and owners of vehicles. Drivers currently have to report crashes with injury, fatality, or $1,500 in property damage. E. Cushman EPD 1/29/2009 Pri3 Yes V. C7 Oppose Comments: **Oppose as written; neutral if properly amended** We recommend that the bill be amended to remove Section 1(3). If this is done, we would be neutral on the bill. Current Oregon law requires that involved drivers file accident reports if the accident either (1) results in death or injury to any person, or (2) the property damage to any person's property exceeds $1500. Section 1(3) of this bill would require that a driver file an accident report for *any* accident involving a bicycle or pedestrian which occurred on a street or premises open to the public (e.g., store parking lots) whether or not there was *any* property damage or injury. This means that if a driver going 2 mph bumps a bicycle in a parking lot, even if there is no damage or injury, the driver must file an accident report. If the same driver runs into another car and causes $1400 damage, s/he does not have to file an accident report. This increased reporting will result in a significant increase in workload (and expense) for DMV in processing these reports. In addition, the driver will now have a reported accident on his/her driving record, potentially increasing his/her insurance premium. The law already requires a report if the accident involves *any* injury to the bicyclist or pedestrian, regardless of severity. We feel that the requirement included in Section 1(3) of this bill is unnecessary for any public safety purpose, and will simply place an additional unfunded workload on DMV. SB 0292 Relating Clause: Relating to use of State Highway Fund moneys. Title: Increases allocation of State Highway Fund moneys for footpaths and bicycle trails. Sponsored by: Senate Interim Committee on Judiciary for Bicycle Transportation Alliance URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0292.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Eric Jones Eric Jones PW-ADM 1/22/2009 Pri 3 Yes III. A Neutral Comments: The intent of this bill, sponsored on behalf of the Bicycle Transportation Alliance, is to increase the amount of State Highway Trust Fund (SHTF) revenues spent on bike trails, curb cuts and access ramps. The bill proposes to accomplish this objective by increasing the minimum expenditure by a county or a city for those purposes to 2% a year, from the current 1% a year. 25 While the intent of the legislation is based on accepted public policy goals related to alternative transportation, the proposed funding mechanism will result in a loss of local control over funding the City currently receives from the state. The city of Eugene can and does choose to spend SHTF revenues on bike paths, within the constraints of the Oregon Constitutional limits on the use of gas taxes. In fact, in its most recent (FY08) report to ODOT, the City calculated it spent almost 25% of its SHTF allocation on eligible bicycle routes (this includes OM&P as well as new construction). Over the past several years, the City has expended at least 17% a year on such purposes. Given the competing public policy goals of encouraging investment in alternative modes of transportation and maintaining local control under Home Rule powers, and recognizing that there would be no practical or signicant effect on Eugene's commitment to funding bicycling infrastructure, staff recommends a neutral position on this bill. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Lee Shoemaker Lee Shoemaker PWE 1/22/2009 Pri 3 Yes YesIII. A Neutral Comments: I agree with Eric Jones' comments SB 0311 Relating Clause: Relating to Oregon Tort Claims Act; declaring an emergency. Title: Increases amounts recoverable in tort actions against public bodies. Provides different limits for tort actions against state and for tort actions against other public bodies. Provides for future increases in limits based on Consumer Price Index. Provides for direct review by Supreme Court to determine whether application of limitations is constitutional under facts of specific case. Creates Task Force on Oregon Tort Claims Act. Provides that task force becomes operative January 1, 2014. Sunsets task force March 1, 2015. Declares emergency, effective July 1, 2009. Sponsored by: Senate Interim Committee on Judiciary for Oregon Tort Claims Act Interim Task Force URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0311.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Jerome Lidz ATTORNEY 1/27/2009 Pri 2 Monitor Comments: This bill would increase the liability limits for cities under the Tort Claims Act to $500,000 per claimant and $1,000,00 for all claimants for claims arising out of a single accident or occurrence. Scheduled annual increases would increase the limits to $666,700 and $1,333,300 in 2014. Although that increase will cost the City money, a substantial increase in the liability limits is inevitable, and these changes are reasonable. The liability limits for cities are one-third that of the state, and we should monitor this bill carefully to make sure cities' liability isn't increased to be as high as the state's. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Jamie Iboa Cathy Joseph CS-HRRS 1/21/2009 Pri 2 No No Monitor Comments: This increase in the tort claim cap from $500,000 to $1,000,000 could result in a financial impact to the City (increased claim costs and/or jury awards). However, the City's claim history has shown our exposure to losses exceeding $500,000 to be remote, and since risk management professionals state-wide (including the City) were given an opportunity to discuss and propose this compromise language on what is expected to be an inevitable increase in the tort claim limits, we prefer to remain neutral and monitor this issue for now. 26 SB 0320 Relating Clause: Relating to recycling of rechargeable batteries. Title: Prohibits persons from knowingly disposing of rechargeable batteries as solid waste. Requires retailers and battery manufacturers to establish recycling program and to fulfill certain other requirements relating to rechargeable batteries. Establishes civil penalties for violation of provisions relating to recycling of rechargeable batteries. Becomes operative on July 1, 2010. Sponsored by: Senator DINGFELDER URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0320.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Eric Wold Eric Wold PW-POS 1/27/2009 Yes VII. A4 Comments: I defer to Ethan Nelson. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Ethan Nelson PDD-BPS 1/26/2009 Pri 3 Yes VII. A4 Support Comments: 1. Support and Monitor. Good product stewardship legislation. It would be beneficial to see language included that addresses any current market opportunities for battery recyclers. Similar to electronic waste law passed by 2007 legislature. Input from recyclers is that they are receiving revenue from manufacturers, but have to manage tight Dept of Transportation rules for shipping. Any product manufacture legislation needs to have mechanism that supports local recyclers to earn profit on services. 2. SB 320 is a bill from last session that was reintroduced. It provides a vehicle to get legislation on batteries if framework bill (see #3) falters. The producer responsibility approach in SB 320 is different than the framework bill – it has much more requirements for retailers. 3. There is going to be a “Framework” product stewardship bill (i.e., sets up a system that can handle multiple products). The bill will also contain two products to get started – rechargeable batteries and mercury-containing lights. SB 0322 Relating Clause: Relating to roadside rest areas. Title: Directs Department of Transportation to provide receptacles at roadside rest areas for recyclable materials. Sponsored by: Senator DINGFELDER URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0322.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Felicity Fahy Felicity Fahy CS-CMO 1/20/2009 Pri 3 Yes VII. A4 Support Comments: I agree with Eric's comments ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Eric Wold Eric Wold PW-POS 1/20/2009 Pri 3 Yes VII. A4 Support Comments: SB 322 would require ODOT to provide recycling receptacles at each roadside rest area. This supports sustainability and recycling goals of the City. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Ethan Nelson PDD-BPS 1/23/2009 Pri 3 Yes VII.A. 4b Support Comments: 27 This bill should have the effect of increasing Oregon's waste diversion rate by allowing convenient recycling at ODOT managed rest stops. SB 0336 Relating Clause: Relating to fuel. Title: Provides that following notice from State Department of Agriculture, retailer dealer, nonretail dealer or wholesale dealer may not sell or offer for sale gasoline unless 20 percent of gasoline sold contains 10 percent ethanol by volume. Sponsored by: Senator WALKER URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0336.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Felicity Fahy Felicity Fahy CS-CMO 1/20/2009 Pri 3 Yes YesVII. A1 Monitor Comments: I agree with Eric Jones, same comments as SB 35 SB 0336 Relating Clause: Relating to fuel. Title: Provides that following notice from State Department of Agriculture, retailer dealer, nonretail dealer or wholesale dealer may not sell or offer for sale gasoline unless 20 percent of gasoline sold contains 10 percent ethanol by volume. Sponsored by: Senator WALKER URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0336.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Tony Jobanek PWM 1/27/2009 Pri 3 Monitor Comments: I agree with Comments from Eric Jones. This bill appears to weaken the current State biofuel requirement. The City of Eugene has been a leader in biofuel use in its fleet and continues to support the use of e10 and b20 to reduce emissions and the dependence on imported petroleum products. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Eric Jones Eric Jones PW-ADM 1/20/2009 Pri 3 Yes VII. A1 Monitor Comments: SB 336 seeks to lower the requirements for ethanol blending by limiting the amount of fuel required to contain at least 10% ethanol to 20% of the gasoline sold. (Another ethanol bill, SB 35, is designed to include an eco-economic analysis into the decision as to whether ethanol blending should be required). The same considerations offered in the review of that bill apply to SB 336: The City of Eugene has been an advocate for the use of bio fuels in the organization for at least the past five years. This includes the use of ethanol and bio-diesel. We do not recommend that the City of Eugene move away from bio-fuel use unless it was shown to be environmentally harmful or more eco-costly than using 100% petroleum products. Another consideration in SB 336 is whether the 20% requirement is practical in terms of fuel-dispensing operations. Stations may have to have a separate dispensing system to meet the 20% requirement and still offer non-ethanol fuel. (Alternately, if the 20% requirement were on an annual basis, dealers could stock ethanol fuel seasonally to meet the 20% requirement). The City of Eugene proactively decided to use 10% ethanol blend before ethanol blending was required. (The City also proactively switched to bio-diesel.) In general, the city of Eugene is committed to sustainable practices, including the use of renewable and sustainable fuels. Based on that position, staff recommends monitoring the various ethanol- blend bills and leans toward opposing legislation that would weaken the effort to switch to 28 alternative fuels. The best approach, however, would be to allow the City to continue to be proactive in doing the right thing while maintaining local control over decision making. SB 0349 Relating Clause: Relating to senior citizen principal residence property tax exemption; providing that this Act shall be referred to the people for their approval or rejection. Title: Establishes principal residence property tax exemption of 50 percent for certain senior citizens. Applies to tax years beginning on or after July 1, 2011. Establishes principal residence property exemption of 50 percent from local option ad valorem property taxation for certain senior citizens. Applies to local option property taxes approved after January 1, 2011, and to tax years beginning on or after July 1, 2011. Refers measure to people for approval or rejection at next general election. Sponsored by: Senator MONROE (at the request of Ron McCarty) URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0349.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact Larry Hill Larry Hill CS-FIN 1/21/2009 Pri 2 Yes II. A2 Oppose Comments: SB 349, if approved by the voters at the next general election, would create a 50% property tax exemption for the principal residence of low income senior citizens who have applied to and been approved for the exemption by the state. The state would be required to replace the revenue that would be lost. The measure does not say where this money would come from. In light of the huge revenue shortfall the state is facing, and the existance of the senior property tax deferral program that already provides property tax relief to low income seniors, this bill is both financially irresponsible and unnecessary. Though it is not possible to estimate the cost of the proposal, it would very likely have a negative impact on state programs, possibly including state shared revenues, if enacted and funded. SB 0351 Relating Clause: Relating to property tax exemption for religious leader dwellings. Title: Exempts from property taxation dwelling provided by religious organization for its spiritual leader and lot on which dwelling is located. Provides that exemption does not apply if spiritual leader occupies another residence as primary dwelling or if religious organization or occupant of dwelling receives pay for use of property, unless pay is for foster care provided in dwelling. Applies to property tax years beginning on or after July 1, 2010. Sponsored by: By Senator MONROE (at the request of Don LaFont) URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0351.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Larry Hill Larry Hill CS-FIN 1/21/2009 Pri 1 Yes II. A2 Oppose Comments: SB 351 would have a negative financial impact on the City of Eugene. It would expand the existing property tax exemption for religious property. The statutes currently exempt property used for public worship, administration, education, literary, benevolent, charitable, entertainment and recreational purposes by religious organizations. SB 351 would expand that exemption to include a dwelling and lot provided by a religious organization and used by a spirtual leader as a primary residence. Current state law already exempts religious property with a assessed value of $3.1 billion. In the "2009-11 Tax Expenditure Report" the Oregon Department of Revenue extimates that curent law will result in a loss of $39.6 million in local property tax revenue, and an accompanying shift of $14.7 million to other 29 taxpayer, in the 2009-11 biennium. SB 351 would increase these negative impacts on local governments and schools. SJR 5 Relating Clause: Proposing amendment to Oregon Constitution relating to allowing political subdivisions to zone sexually oriented businesses. Title: Proposes amendment to Oregon Constitution to allow political subdivisions to zone sexually oriented businesses. Refers proposed amendment to people for their approval or rejection at next regular general election. Sponsored by: Senator MORRISETTE URL:http://www.leg.state.or.us/09reg/measpdf/sjr1.dir/sjr0005.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Steve Nystrom PDD-ADM 1/26/2009 Pri 3 Neutral Comments: Resolution would put this matter to a vote of the people. 30