HomeMy WebLinkAboutItem 3: Action on Non-Unanimous IGR Positions
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: Ratification of Unanimous Intergovernmental Relations (IGR) Committee
Actions and Discussion and Action on Non-Unanimous IGR Actions on Legislative
Policy from April 29 and May 6, 2009
Meeting Date: May 11, 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 unanimous actions of the Intergovernmental Relations (IGR)
Committee from the April 29, and May 6, 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 IGR Committee on Legislation. The 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 April 29, and May 6, 2009, to review staff recommendations on bills that
have been introduced in the state legislature. The minutes for these 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.
April 29, 2009:
SB 719
: This bill would establish an Urban Growth Boundary Expansion Area Revolving Loan Fund.
Money would be appropriated from the fund to the Economic and Community Development Department
to provide no-interest loans to finance eligible infrastructure projects in urban growth boundary
expansion areas.
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Staff Recommendation: Priority 2 Support
IGR Committee: Priority 2 Oppose (1/2, Councilor Taylor / Councilors Poling and Ortiz voting
to uphold staff’s recommendation)
Councilors Poling and Ortiz voted to uphold staff’s recommendation of a Priority 2 Oppose since this
was an additional tool that could be used in the future for the City of Eugene and for other communities
now. Councilor Taylor voted against supporting the bill on the grounds that she is against the expansion
of the urban growth boundary.
May 6, 2009:
There were no IGR Committee votes that were not unanimous.
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 April 29, and May 6, 2009, IGR Bill Reports for bills not pulled for discussion at those IGR
meetings.
There also need to be motions to state positions for each bill listed above where the IGR committee action
was not unanimous.
ATTACHMENTS
A. Bill and Staff Comments on Non-Unanimous Actions
B. April 29, 2009, IGR Bill Report
C. May 6, 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\M090511\S0905113.doc
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IGR BILL REPORT
April 29, 2009
Jan 1, 2009- April 21, 2009 Date Range
City of Eugene
HB 2039A
Relating Clause: Relating to unlawfully parked vehicles.
Title:
Authorizes { - car rental or leasing company - } { + person engaged in business of
selling, renting, leasing or repairing motor vehicles + } to avoid liability for alleged
violation of private parking if { - rented or leased vehicle was in possession of renter or
lessee - } { + vehicle was not in custody and control of person pursuant to terms of
agreement permitting another to use vehicle + } when alleged violation occurred and { -
company - }
{ + person + } timely submits certificate of nonliability and other information to owner of
private parking.
Sponsored by: House Interim Committee on Transportation for Car and Truck Rental and Leasing
Association of Oregon
URL:http://www.leg.state.or.us/09reg/measpdf/hb2000.dir/hb2039.a.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Jeff Petry Jeff Petry PDD-ADM 3/3/2009 Pri 2 Oppose
Comments:
A parking violation can only be issued to a vehicle (license plate/VIN), not to a driver.
Car rental or leasing companies are the owners of their vehicles and thereby responsible
for ensuring proper use of their vehicles.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Char Mauch CS-MUNI 3/2/2009 Pri 2 Oppose
Comments:
City policy has been that the owner of a vehicle is responsible for any tickets issued to
the vehicle. Court software for tracking tickets and owners does not permit updating as
outlined in this bill.
HB 2043
Relating Clause: Relating to vehicle registration fees imposed by counties.
Title:
Removes requirement that ordinance establishing county registration fees for vehicles be
approved by electors of county.
Adds low-speed vehicles and racing activity vehicles to list of vehicles that may not be
charged additional registration fee by county.
Sponsored by: at the request of House Interim Committee on Transportation for Association of Oregon
Counties
URL:http://www.leg.state.or.us/09reg/measpdf/hb2000.dir/hb2043.intro.pdf
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
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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 2080 A
Relating Clause: Relating to gray water; declaring an emergency.
Title:
Modifies public policy regarding waters of state and subsurface sewage disposal
systems. { - Requires Environmental Quality Commission to adopt rules regarding gray
water. Allows commission to appoint advisory committee. Allows permit to be issued for
subsurface or alternative sewage disposal system that reuses or discharges gray water
even if community or area-wide sewerage system is available. - } { + Requires person to
obtain permit
to construct, install or operate gray water reuse and disposal system. Directs
Environmental Quality Commission to adopt rules for issuing permits. Directs commission
to consider certain information before adopting rules. + }
Sponsored by: Ordered printed by the Speaker pursuant to House Rule 12.00A (5). Presession filed. (at
the request of House Interim Committee on Energy and the Environment)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2000.dir/hb2080.a.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Peter Ruffier Peter Ruffier PWW 4/7/2009 Pri 3 Monitor
Comments:
Amendments to the definition of greey water have improved this bill. As written, it would
support water conservation through reuse and promote more options for "green" building.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Paul Klope PWE 3/17/2009 Pri 3 Support
Comments:
The purpose of the bill is to establish a framework through permitting that will allow reuse
of gray water after treatment. This bill makes sense from the standpoint of reducing
pressure on water supply needs.
HB 2105
Relating Clause: Relating to purchase of bonds; declaring an emergency.
Title:
Authorizes state agencies and public bodies to purchase and hold bonds issued by state
agency or public body, respectively, without causing automatic cancellation or
extinguishment of bonds.
Authorizes State Treasurer to buy state government bonds as investment.
Authorizes state agencies and public bodies to use bond proceeds or moneys available
for debt service to purchase bonds of state agency or public body.
Declares emergency, effective on passage.
Sponsored by: State Treasurer Randall Edwards for Municipal Debt Advisory Commission
URL:http://www.leg.state.or.us/09reg/measpdf/hb2100.dir/hb2105.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Sue Cutsogeorge CS-FIN 1/16/2009 Drop No No Monitor
Comments:
This bill was written to help governments that had issues with variable rate debt due to
the credit market troubles starting late last year. Eugene is not among those that
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experienced this type of trouble, so this bill is not applicable to us. Monitor for gut & stuff
due to relating clause language.
HB 2182A
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.a.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Felicity Fahy Feliicty Fahy CS-CMO 4/10/2009 Pri 3 Yes YesVII. A1 Neutral
Comments:
Generally suport as another way to help decrease our dependance on imported fossil
fuels, but not a high priority for City involvement.
HB 2196
Relating Clause: Relating to workers' compensation.
Title:
Clarifies exclusive remedy provisions of workers' compensation statutes. Provides for
administrative review of certain matters arising under workers' compensation statutes and
rules. Allows medical service providers to seek resolution of medical service disputes
through same process as workers, employers and insurers.
Sponsored by: Governor Theodore R. Kulongoski for Department of Consumer and Business Services
URL:http://www.leg.state.or.us/09reg/measpdf/hb2100.dir/hb2196.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Jamie Iboa Jamie Iboa CS-HRRS 1/27/2009 Drop No No Neutral
Comments:
HB 2202
Relating Clause: Relating to unemployment insurance hearings.
Title:
Expands right to request reopening of hearing on unemployment insurance claim. Allows
Director of Employment Department to provide documents to parties in unemployment
insurance hearings via any method. Allows administrative law judge to address continued
claims filed subsequent to administrative decision.
Sponsored by: Governor Theodore R. Kulongoski for Employment Department
URL:http://www.leg.state.or.us/09reg/measpdf/hb2200.dir/hb2202.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Jamie Iboa Jan Bergquist CS-HRRS 1/26/2009 Drop No No Neutral
Comments:
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HB 2424A
Relating Clause: Relating to Oregon Adopt-a-Highway Program
Title:
Includes removal of noxious weeds as part of Oregon
Adopt-a-Highway Program.
Sponsored by: Representatives BERGER, BUCKLEY, Senators MONROE, MORSE; Representatives
BRUUN, CANNON, C EDWARDS, GARRARD, ROBLAN, Senators BONAMICI,
BOQUIST, GEORGE, HASS, METSGER, MORRISETTE, ROSENBAUM, STARR,
VERGER, WALKER, WHITSETT
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2414.a.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Wold Eric Wold PW-POS 4/6/2009 Pri 2 Yes YesVII. B3 Support
Comments:
The amended version of HB 2424 is virtually identifical to the original version. My
analysis of the amended version is the same as the original. The bill would add removal
of noxious weeds, using methods other than pesticide and in accordance with rules
adopted by the State Department of Agriculture, as part of Oregon's Adopt-a-Highway
program. This bill benefits the City of Eugene by helping to control the spread of noxious
weeds. The City and many other agencies and organizations spend significant amounts
of money trying to control the spread of noxious weeds. Noxious weeds can have
significant negative impacts to agriculture, forestry, and the ecology of natural areas.
Roads are one of the primary vectors of noxious weeds. Therefore, with the addition of
weed removal to its scope, the Adopt-a-Highway program will contribute to slowing the
spread of these weeds.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Kevin Finney Kevin Finney PW-POS 4/13/2009
Comments:
I defer to Eric Wold on this matter.
HB 2526
Relating Clause: Relating to operating a motor vehicle while using a mobile communication device.
Title:
Prohibits person of any age from operating motor vehicle while using mobile
communication device for purpose of receiving or transmitting text communication.
Provides exceptions. Punishes by maximum fine of $360.
Sponsored by: Representatives GELSER, TOMEI; Representatives BAILEY, BARKER, BARNHART,
BUCKLEY, CANNON, DEMBROW, GALIZIO, GREENLICK, NATHANSON, READ,
RILEY, ROBLAN, SCHAUFLER, STIEGLER
URL:http://www.leg.state.or.us/09reg/measpdf/hb2500.dir/hb2526.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman E. Cushman EPD-ADM 2/10/2009 Pri 3 No NoV. C7 Support
Comments:
We support this bill, which would prohibit text messaging while driving. Text messaging
using a cell phone or similar device is arguably more of a distraction than talking, due to
the person needing to pay closer attention to the device (and, thus, less attention to
driving) than while simply talking. A person operating "an ambulance or emergency
vehicle" is exempted, so the bill should not interfere with use of the mobile data
computers used by emergency service personnel. Eric Jones has indicated that the bill
should not have the negative impact on Public Works personnel that some other
proposed bills do. The bill also removes the "secondary violation" provision from the
current statute, a move which we support.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 2/5/2009 Pri 3 Yes YesV. C7 Support
Comments:
Unlike broader bills currently aimed at prohibiting the use of mobile communication
devices while operating a vehicle (which create operational problems for Public Works
4
vehicles whose operators must sometimes use cell phones and radios during operations,
including emergency operations), this bill is prohibits only texting while driving. Current
technology does not allow texting to be done without creating an unsafe driving condition.
Therefore, this reviewer supports a priority 3 support position and sees no impact to
Public Works operations.
HB 2534
Relating Clause: Relating to agency actions affecting the environment.
Title:
Requires agencies of executive department to take certain actions to protect
environment. Allows associations and organizations to request contested case hearing
on environmental impact statements.
Sponsored by: Representative BUCKLEY; Representatives BAILEY, BARNHART, CANNON,
GREENLICK, TOMEI, Senators DINGFELDER, ROSENBAUM
URL:http://www.leg.state.or.us/09reg/measpdf/hb2500.dir/hb2534.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Wold Eric Wold PW-POS 2/21/2009 Pri 3 Yes Yes Monitor
Comments:
HB 2534 provides broad policy direction to the state to consider the environmental impact
of any major state action. Specifically, it directs state agencies to implement an
interdisiciplinary approach to analyzing environmental impacts of proposed projects, and
to prepare Environmental Impact Statements for major projects. These goals are very
consistent with City goals around sustainability, specifically around environmental
sustainability. For these reasons, the City would likely want to support some version of
this bill. However, as discussed briefly below, I have some reservations about supporting
it as currently written. As currently written, HB 2534 appears to have very broad
implications for the state. However, there is no detail as to how this policy would be
funded and implemented. As written, it appears to be an unfunded mandate with
substantial financial implications for all state agencies. Without more detail about how the
mandates in this bill would be funded and implemented, I find it difficult to support.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Felicity Fahy Felicity Fahy CS-CMO 2/24/2009 Pri 3 Yes Yes Monitor
Comments:
I agree with Eric Wold.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Therese Walch Therese Walch PWE 3/10/2009 Pri 3 Monitor
Comments:
Concur with Eric's comments.
HB 2578A
Relating Clause: Relating to towers.
Title:
{ - Requires owner of parking facility to affix notice on vehicle prior to contacting tower to
remove vehicle. - }
{ + Requires tower who tows vehicle at request of owner of parking facility to take and
maintain photograph of vehicle. + }
Requires tower to contact owner of parking facility { + or owner's agent + } before
towing motor vehicle from facility.
{ + Creates exceptions. + }
Requires tower to release motor vehicle free of charge { + or, if hookup is complete, for
cost of hookup + } if owner or operator of vehicle is present at time of tow.
{ - Provides sanctions for applicant for or holder of towing business certificate who has
accepted or provided compensation based on number of vehicles towed. - }
{ + Restricts landlord's ability to remove vehicles from parking spaces reserved for
tenants. Requires landlord to post sign designating guest parking space. + }
Sponsored by: Representatives RILEY, DEMBROW; Representatives BAILEY, BARKER, BARTON,
BARNHART, BOONE, BUCKLEY, CANNON, CLEM, D EDWARDS, GARRETT,
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GREENLICK, HARKER, KAHL, KOMP, MATTHEWS, ROBLAN, SCHAUFLER,
SHIELDS, J SMITH, STIEGLER, TOMEI, WHISNANT
URL:http://www.leg.state.or.us/09reg/measpdf/hb2500.dir/hb2578.a.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Jeff Petry Jeff Petry PDD-ADM 2/25/2009 Pri 3 III. C Support
Comments:
Support-The City is at this bill's standard.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Jenifer Willer Jenifer Willer PWE 3/2/2009
Comments:
I defer to Jeff Petry on this item.
HB 2763A
Relating Clause: Relating to procurements of agricultural goods.
Title:
Permits contracting agency that { - procures - } { + uses public funds to procure + }
goods for public use to give preference to agricultural products produced and transported
entirely within state if certain conditions are met.
{ - Requires Director of Agriculture by rule to set standards for determining whether
agricultural products qualify for preference. - }
{ - Declares emergency, effective on passage. - }
Sponsored by: Representatives CLEM, CANNON; Representatives BEYER, GILLIAM, KRIEGER,
READ, ROBLAN, SCHAUFLER, STIEGLER
URL:http://www.leg.state.or.us/09reg/measpdf/hb2700.dir/hb2763.a.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Paul Klope PWE 4/20/2009 Pri 3 Yes YesVIII. B Support
Comments:
This is a slightly amended version of HB2763. My comments and recommendations are
similar as for the earlier version of the bill. Allows public agency that is considering bids to
buy agricultural products, such as plants and seed, to give preference to bids for products
that are produced and transported entirely in Oregon as long as they cost no more than
10% more than other bids for equal products produced out of state. Allows the public
agency to set a higher preference percentage if desired. Although it would cost the City
slightly more to offer this preference, it would allow us to keep more money in the state
also.
HB 2838
Relating Clause: Relating to apprenticeship; appropriating money.
Title:
Prohibits public agencies from entering into public works contracts for which contract
price exceeds $750,000 unless public agency verifies that every employer under contract
is approved apprenticeship training agent unless local joint committee or apprenticeship
training program does not exist in state.
Requires contractor and subcontractor that are parties to contract for which contract
price exceeds $750,000 to employ apprentices for at least 15 percent of total hours
worked on project. Allows Bureau of Labor and Industries to adjust percentage in certain
circumstances.
Requires Bureau of Labor and Industries to develop, adopt and revise plan to increase
diversity among workers employed on public works projects, including workers who are
apprentices.
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Requires advisory committee to evaluate periodically minimum percentage set for
number of hours to be worked by apprentices on public works projects and to assist
Commissioner of Bureau of Labor and Industries in administration of Act.
Requires specifications and contracts for public works for which contract price exceeds
$750,000 to state that contractors and subcontractors must be approved training agents
and that minimum percentage of total hours worked on public works project must be
performed by apprentices.
Requires contractor or contractor's surety to provide certified statements concerning
employment of apprentices on public works projects.
Provides for civil penalty of not more than $5,000 per violation of provision of Act plus
additional civil penalty in amount equal to $20 multiplied by number of hours required to
be worked, but not worked, by apprentices.
Directs moneys collected from additional civil penalty into State Apprenticeship and
Training Education Fund and continuously appropriates moneys to State Apprenticeship
and Training Council for specified purposes.
Sponsored by: Representative HOLVEY; Representatives BARNHART, BUCKLEY, DEMBROW,
SHIELDS, WITT
URL:http://www.leg.state.or.us/09reg/measpdf/hb2800.dir/hb2838.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mike Penwell Mike Penwell CS-FAC 2/27/2009 Pri 3 No No Oppose
Comments:
This bill would add onerous and unnecessary bureaucracy to public projects and make
public projects a de facto apprenticeship program that should rightfully be under the
purview of the building industry and the individual apprenticeship programs of each trade.
The combination of onerous tracking and reporting requirements and the requirements
for minimum percentages of apprentice workers on projects might actually result in higher
overall project costs and lower overall project quality. It should be up to each individual
contractor and subcontractor to determine the appropriate mix of apprentice level workers
and more highly skilled journeyman or other level workers for each project rather than
being mandated by the State (and by default cities and other public agencies) through a
complex and expensive oversight structure.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 3/10/2009
Comments:
Agree with other reviewers
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Paul Klope PWE 2/27/2009 Pri 3 Yes YesVIII. B Oppose
Comments:
The title of the bill describes it's content. This bill is similar to a bill introduced during the
last session. This bill would reduce competition for bids, because many contractors will
chose not to bid on these projects rather than develop and administer an apprenticeship
program. This effect of this bill would also be to reduce the number of subcontractors
available to work on projects for the same reason. This bill would increase City's cost of
administering projects in order to verify the contractor's and all of the subcontractor's
apprenticeship programs are in compliance. Contractors bid prices to the City will
increase as a result of this bill because of the cost of administering the program, finding
and hiring the apprentices and doing the training. This bill will cause an increase in the
contractors bid prices to the City because of they will need to add cost to cover the risk of
mistakes and inefficiencies of the apprentices. At some point, it may become difficult to
find apprentices, because of the ongoing nature of this program and the limited duration
of the apprenticeships. Also, there is no guarantee that the apprentices will work any
longer than the duration of the project that they were hired for, so people employed as
apprentices could end up unemployed in a short time.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Jenifer Willer Jenifer Willer PWE 3/4/2009 Pri 3 Yes YesVIII. B Oppose
Comments:
I agree with the comments made by Mike and Paul.
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HB 2867
Relating Clause: Relating to public contracting; declaring an emergency.
Title:
Requires contracting agency to establish measurable standards to assess quality of
contractor's performance under public contract and specify consequences for failing to
meet standards.
Authorizes Secretary of State and local contracting agency to audit public contracts.
Establishes certain standards for audit.
Prohibits contracting agency from contracting for contract administration, except for
consultant to train contracting agency employees in skills necessary for administration.
Prohibits employee of contracting agency to seek or obtain employment with contractor
in certain circumstances. Requires contractor to offer employment to employee of
contracting agency if public contract displaces employee.
Requires contracting agency to demonstrate with cost analysis or by other means that
cost of providing goods or performing service with contracting agency's own personnel or
resources is greater than cost of procuring goods or services from contractor.
Specifies additional criteria for contracting agency to use in determining contractor's
responsibility and for prequalifying contractor.
Declares emergency, effective on passage.
Sponsored by: COMMITTEE ON BUSINESS AND LABOR
URL:http://www.leg.state.or.us/09reg/measpdf/hb2800.dir/hb2867.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mike Penwell Mike Penwell CS-FAC 3/10/2009 Pri 3 Yes YesVIII. B Oppose
Comments:
In general, this bill is an unnecessary rewrite of ORS 279 relating to public contracting.
The intention of the bill seems laudable: establish and enforce quality standards, provide
for the auditing of a contractor's performance, provide for the most cost-effective means
of procuring goods and services (either by a contractor or by the contracting agency), and
cleaning up and/or clarifying language related to determination of responsible bidders
and prequalification of bidders. But all of these tools are already available to contracting
agencies under ORS 279. This bill adds layers of bureaucracy and cost to public
purchasing without a substantial improvement in quality control, oversight, and/or cost
control. In fact it's so prescriptive, it may actually take away some of the strategies
currently available to contracting agencies for accomplishing the goals the bill is trying to
achieve. For specific detailed responses to sections of this bill, see Paul Klope's
comments.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Jenifer Willer Jenifer Willer PWE 3/12/2009 Pri 3 Yes YesVIII. B Oppose
Comments:
See comments by Paul, Mike and Lauren
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Paul Klope PWE 3/5/2009 Pri 3 Yes YesVIII. B Oppose
Comments:
This bill is a collection of proposed amendments to various parts of contract law.
Following is a brief summary of each amendment that effects the City and an opinion of
it's impact. 1a. Quality Standards required. The bill requires a public agency to establish
quality standards for everything it contracts for (goods, services, personal services, public
improvements, alterations, repairs, and maintenance) and include those standards and
consequences for not meeting them in its contracts. The standards may not be less than
the highest standard prevalent. The agency may not enter into a contract unless the
contractor signs an agreement to abide by these standards. Response: For public
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improvement contracts, these standards are already used and included in the contracts,
so this amendment would not have a noticeable effect on them. However, this
requirement will add a lot of administration time to other City contracts for little if any
benefit. I recommend we oppose this amendment. 1b. Record-keeping and audits of
quality compliance. Contractors must keep records proving compliance with quality
standards. These records are subject to audit for 6 years after the contract is closed. The
public agency must designate a person to perform audits, and the audits shall comply
with standards set by the State. Response. This requirement would add administrative
cost to the City to perform audits for little if any benefit. 2. Prohibits hiring contractors to
manage projects. The bill also prohibits public agencies from hiring a contractor to
administer, manage or oversee public contracts, even if the agency does not have the
technical expertise to do so. Response. This requirement is problematic for the public
agencies, especially small cities and counties. For example, it is common practice with
smaller cities and counties without qualified engineering staff to hire consultants to
handle all phases of public improvement projects, including the contract administration
during construction. To prohibit public agencies from hiring qualified consultants to
provide these services places public agencies in a very difficult position. This is an
amendment we should oppose. 3. Prohibition on contractors hiring public employees.
The bill also places a one year prohibition, unless they are retired, on public employees
seeking employment or taking employment with a contract who has done work for the
agency if the employee worked on the contract or in a field closely related to the subject
of the contract, or if the employee would be performing work for the contractor related to
the contract. Conversely, the bill requires the agency to force the contractor to hire an
employee who lost a job as a result of the services the contractor will provide. Response.
I see no significant issues with this amendment. 4. Cost comparison required. The bill
also requires a public agency to perform a written cost analysis, per the guidelines in the
bill, that shows that a contractor can provide goods or services cheaper than the
agencies own employees or prove that it's not feasible, per the guidelines in the bill, for
the agency's employees to provide the goods or services, for procurements that exceed
$25,000. Conversely, if the agency has previously hire a contractor to provide these
goods or services, the agency must perform a cost analysis to show the the agency could
provide them cheaper if the agency wants to provide the goods or services with it's own
employees. Response. Adds significant administrative time to local agencies regardless
whether they want to contract out whether they don't want to contract out--it's not good
either way. Imposing these requirements are unlikely to change how public agencies
make decisions about what to contract for and what not to contract for, but it will certainly
add time and expense to that decision process. We should oppose this amendment
because of cost and because it reduces home-rule authority. 5. Criteria to determine if
bidder is responsible. The bill also modifies the criteria, and adds criteria, that must be
used to determine whether a bidder is responsible or not. Modifications shift the burden
to the bidder to provide information to the agency that demonstrates bidder is
responsible. The additional criteria the contractor must demonstrate include showing that
the contractor provides adequate wages and benefites to it's employees and their
families, that the contractor is not in a legal dispute with another public agency in another
state, that the contractor complies with all labor law and environmental law, and that the
contractor has a record of success completing public and/or private contracts without
complaints. Response. No significant impact to the City. 6. Limit on prequalification
period. The bill also requires bidders be prequalified every 3 years, if the agency requires
prequalification. Response. No significant impact to the City, however, this should be a
decision that the City has the right to make, and shouldn't be governed by law. Overall, I
believe we should oppose this bill due to the negative impacts I identified above.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Lauren Sommers ATTNY 3/9/2009 Pri 3 Yes YesVIII. B Oppose
Comments:
Agree with comments from Mike Penwell and Paul Klope, with two additional
observations. The provisions of the bill preventing an employee of a contracting
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agency from leaving the contracting agency and seeking or gaining employment
with a contractor for one year following the employee's separation from the
contracting agency, are similar to, but not the same as the requirements contained
in the government ethics laws related to post-public employment and the two
provisions in conjunction may be confusing. The bill also provides that in order to
be considered a responsible bidder a contractor must demonstrate that, among
other things, the contractor is not in litigation, a legal dispute, or an administrative
enforcement action with another contracting agency or a public agency in another
state. This language is very broad and could encompass things like land use
disputes with the state or even an agency in another state, that have little or no
bearing on the contractor's ability to perform the contract. This requirement could
artificially limit the pool of responsible bidders.
HB 3015
Relating Clause: Relating to applications for authorization for enterprise zone exemption.
Title:
Modifies requirements for obtaining authorization for enterprise zone exemptions.
Sponsored by: Representative HOLVEY
URL:http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3015.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/12/2009 Pri 2 Yes YesII. B9 Oppose
Comments:
HB 3015 would impose new statutory requirements on private investments seeking
enterprise zone benefits. The proposed changes would eliminate the benefits of
enterprise zone tax exemption and reduce the incentive for private investment to be
made within enterprise zones. Specifically, under the bill to be eligiable for an enterprise
zone tax exemption a project would be required to pay employees 150% of the county
average wage, provide employee health insurance coverage, provide for employee
purchase of dependent health insurance, pay prevailing wage for construction services,
and comply with a range of public contracting requirements.
HB 3148
Relating Clause: Relating to vehicle registration fees; providing for revenue raising that requires approval
by a three-fifths majority.
Title:
Increases registration fees for certain vehicles. Bases additional amount on value and
age of vehicle.
Sponsored by: Representative SHIELDS; Representatives GELSER, GREENLICK, HARKER, KOTEK,
TOMEI
URL: http://www.leg.state.or.us/09reg/measpdf/hb3100.dir/hb3148.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 3/26/2009 Pri 2 Yes YesIII. A1 Monitor
Comments:
Sets registration fees for most vehicles based on a flat fee of $10 per year plus a "base
value" determined by the suggested manufacturer's cost of the vehicle, depreciated by
the age of the vehicle. Currently, most passenger vehicles pay $27 per year in
registration fees. Under this bill, for example, a new vehicle costing $25,000 would pay a
registration fee of $260, almost 10 times more than the current annual registration fee.
The minimum registration fee under this bill appears to be $35 ($10 plus $25 base value).
It is not clear to this reviewer if commercial trucks would be subject to the value-based
fee assessment. Government vehicles apparently would continue to pay an annual
registration fee of $3.50 per year. In short, this is a very complicated bill that would
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require significant analysis to fully understand. It almost certainly would be a major
departure from the current registration system. It appears that the outcome would be
significantly higher registration fees, which would mean more money to the state highway
trust fund (although a blank line at Section 4 makes it unclear how much money would be
diverted to other uses). The recommendation is to monitor the bill and devote additional
analysis as appropriate if the bill appears to be moving. The priority 2 recognizes the
potential huge impacts this bill would have if it is placed into law.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/26/2009 Pri 2 Yes YesIII. A Monitor
Comments:
HB 3148 proposes to make a currently simple fee quite complex. To calculate the
proposed new vehicle registration fee the state would have to know the "base value" of
every car registered in the state. Values would have to be adjusted for any damage that
has occured to individual vehicles. If no retail list price is known, which would be the case
for many older vehicles, the owner would have to present proof of value. These changes
would obviously increase the vehicle registration program's administrative costs. The bill
could raise additional revenue for the State Highway Trust Fund, even though
administrative costs would be higher. I agree that the bill should be closely monitored to
determine its effect.
HB 3177
Relating Clause: Relating to motor vehicle fuel.
Title:
Provides that mandate to sell gasoline blended with ethanol does not apply to gasoline
with octane rating of 92 or above.
Sponsored by: Representatives HANNA, FREEMAN; Representatives BAILEY, C EDWARDS,
GARRARD, KRIEGER, MATTHEWS, RICHARDSON, SCHAUFLER, TOMEI
URL:http://www.leg.state.or.us/09reg/measpdf/hb3100.dir/hb3177.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 3/26/2009 Pri 3 Yes YesVII. A1 Monitor
Comments:
Given our position on SB 35 and SB 336, recommend priority 3 monitor position, and also
recognize our fundamental position in favor of legislation that reduces carbon impacts on
the environment.
HB 3219
Relating Clause: Relating to smoking
Title:
Describes method by which owner or person in charge of hotel or motel may comply with
requirement to post signs giving notice of smoking laws.
Sponsored by: By Representatives CAMERON, SCHAUFLER; Representative WHISNANT (at the
request of Oregon Lodging Association)
URL:http://www.leg.state.or.us/09reg/measpdf/hb3200.dir/hb3219.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mike McKerrow PDD-BPS 4/16/2009 Drop No No Neutral
Comments:
Bill requires signage and communication to hotel and motel customers regarding smoking
status of their room to help limit smoking in non-smoking rooms. Although Council
Legislative Policy VIII G. supports the restriction of youth access to tobacco, regulation of
signs and notification of adult customers regarding the number of smoking rooms is not
listed as a specific example. Youth don't rent rooms and parents with children aren't likely
to modify established behavior if renting a smoking room. Staff is not opposed to the
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requirements of the bill but based on policy language does not designate it as a priority
item for legislative team.City enforcement staff have not received a complaint about
smoking in a hotel or motel since inception of smoking standards in 2001. State statute
regarding the maximum number of hotel or motel smoking rooms is currently enforced by
Lane County.
HB 3250
Relating Clause: Relating to underdeveloped property increment financing; prescribing an effective date.
Title:
Authorizes municipalities to enter into agreements with property developers under which
municipally owned property is conveyed at below market value or at no cost to developer,
developed to highest and best use by developer and municipal property taxes raised on
incremental increase in value are directed by terms of agreement to economic
development purposes, development of subsequent underdeveloped property or
repayment of debt associated with participating property. Allows other taxing districts that
share territory with municipality to elect to have their property taxes on incremental
increase in value be directed as prescribed by agreement between municipality and
property developer.
Takes effect on 91st day following adjournment sine die.
Sponsored by: Representative CAMERON
URL:http://www.leg.state.or.us/09reg/measpdf/hb3200.dir/hb3250.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Sue Cutsogeorge CS-FIN 3/20/2009 Pri 3 No No Support
Comments:
This would allow creation of a sort of "mini-tax increment district" for an individual piece of
property instead of for a defined area. Under this approach the City could have an
agreement with a developer to purchase and develop a piece of property, and the
incremental taxes from that project would be spent on specified economic development
purposes. Other taxing districts would have the option of whether they wanted to
participate in the project financing. This type of arrangement could probably be done
under current law, but this legislation would provide for the the county assessor and
treasurer to get involved in administering the property tax aspects of the arrangement. It
would also irrevocably commit the other taxing district revenues, should that district
choose to participate in the arrangement.
HB 3311
Relating Clause: Relating to greenhouse gas emissions
Title:
Establishes greenhouse gas emissions reductions for cars and light trucks. Directs
Oregon Global Warming Commission to provide Department of Transportation with
information concerning greenhouse gas emissions. Specifies requirements for cities and
counties located within and without travel-shed.
Sponsored by: Representative GREENLICK
URL:http://www.leg.state.or.us/09reg/measpdf/hb3300.dir/hb3311.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 3/30/2009 Pri 3 Yes YesVII. A1 Monitor
Comments:
Reduction of greenhouse gas emissions is a goal of the City of Eugene. To that end, the
City has conducted inventories and begun to adopt policies to cut the City's "footprint,"
both through internal operations and external education and advocacy. HB 3311 takes
the challenge to another level, stipulating reduction targets for specific areas, including
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Eugene. The bill states that "Department of Transportation and the Land Conservation
and Development Commission shall provide technical assistance and other resources
necessary to support the planning work"; however, this bill does not provide funding for
that purpose. Therefore, Eugene may need to prioritize its other transportation planning
activities to meet the requirements of this bill. The bill also states that "cities and counties
shall adopt conforming amendments to their local comprehensive plans and
transportation system plans." This could be viewed as a usurption of home rule authority.
In summary, this bill is based on a worthy goal that is consistent, in concept, with the
goals of the mayor and city council. Before unqualified support is offered for this bill, we
should ask whether the specified goals are correct for Eugene, whether we have the
resources to take on this requirement at this time, and whether it is appropriate for the
state to mandate compliance to the City regarding this issue.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Paul Klope PWE 3/17/2009
Comments:
I defer to Felicity and Tony.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 3/18/2009
Comments:
I defer to Felicity and Tony.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Felicity Fahy Felicity Fahy CS-CMO 3/31/2009 Pri 2 Yes YesVII. A1 Monitor
Comments:
I generally agree with Eric's comments. This bill is more about planning for decreased
vehicle use than just emission reductions targets for cars and trucks. It could be an
effective way for more coordinated planning to wean us off fossil fuels but need to
monitor the specificity of the directions and consider how that related to existing planning
efforts. Need Planning comment on this, I've added Lisa Gardner to the list.
HB 3336
Relating Clause: Relating to nonpartisan offices
Title:
Designates any elective county or city office as nonpartisan.
Sponsored by: Representative READ
URL:http://www.leg.state.or.us/09reg/measpdf/hb3300.dir/hb3336.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Beth Forrest CS-CMO 3/13/2009 Pri 3 Neutral
Comments:
This issue does not affect Eugene per se, as elective offices already are non-partisan by
Charter. Home rule issue?
HB 3441
Relating Clause: Relating to water measurement
Title:
Directs Water Resources Department to require measurement and reporting by water
users of surface water diversions. Creates Task Force on Water Diversion Measurement
on January 1, 2012, to study certain water measurement issues. Sunsets task force on
January 2, 2016.
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Sponsored by: COMMITTEE ON RULES
URL:http://www.leg.state.or.us/09reg/measpdf/hb3400.dir/hb3441.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Peter Ruffier PWW 4/7/2009 Pri 3 Support
Comments:
Currently there is no requirement for users of surface water rights to measure the
amount of water they actually use. This leads to over-appropriation, and low in-stream
water flows. Measurement is needed to ensure that water rights are not being exceeded,
as well as to provide information about available flows and allocation of in-stream water
needs.
HB 3442
Relating Clause: Relating to water conservation
Title:
Requires municipal water use providers to reduce annual per capita consumption of
water 20 percent by December 31, 2020. Sets interim benchmarks. Requires municipal
water use providers to report to Water Resources Department at certain times on
progress. Requires municipal water use provider to show to
satisfaction of department that municipal water use provider has met benchmarks or
reduction in annual per capita water consumption before applying for certain grants,
loans, permits and licenses. Requires agricultural water users to submit report with
certain information to Water Resources Department. Requires agricultural water user to
show to satisfaction of department that
agricultural water user has measured water and submitted report before applying for
certain grants, loans, permits and licenses.
Sponsored by: COMMITTEE ON RULES
URL:http://www.leg.state.or.us/09reg/measpdf/hb3400.dir/hb3442.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Peter Ruffier PWW 4/7/2009 Neutral
Comments:
Note that reduction in municipal water use will aslo result in a reduction in wastewater
generation as well as wastewater revenues (which are tied to water consumption). The
bill also requires a 20% reduction in municipal water use, but does not require a similar
reduction in agriculural water use, which is the largest consumer of surface water in the
State.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Paul Klope PWE 3/19/2009
Comments:
I defer to Peter and Therese.
HB 3463
Relating Clause: Representatives JENSON, CLEM; Representatives BAILEY, BARNHART, CAMERON,
Senators NELSON, ROSENBAUM
Title:
Requires notice to dealers when capacity of biodiesel production facilities in Oregon
reaches specified levels. Prohibits sale of diesel fuel that does not contain specified
percentage of biodiesel after certain date. Deletes provisions allowing specified
percentage of other renewable diesel in place
of biodiesel for use in diesel fuel. Declares emergency, effective on passage.
Sponsored by: Representatives JENSON, CLEM; Representatives BAILEY, BARNHART, CAMERON,
Senators NELSON, ROSENBAUM
URL:http://www.leg.state.or.us/09reg/measpdf/hb3400.dir/hb3463.intro.pdf
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ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 3/25/2009 Pri 2 Yes YesVII. A1 Support
Comments:
HB 3463 provides additional protections for in-state biodiesel producers. This bill was
introduced for the Oregon Biodiesel industry. Specifically, the bill amends current ORS so
that the renewable fuel standard (RFS) that requires all diesel sold in the state to include
2 percent biodiesel when Oregon production capacity reaches 5 million gallons annually,
and 5 percent when Oregon production capacity reaches 15 millions gallons annually.
Currently, 97% of in-state biodiesel is produced from sustainable recycled feedstock, with
a 7 million gallon annual capacity, and is roughly a $25 million dollar industry. The
proposed amendments would support the original intent of HB 2210, which was to
develop Oregon’s biofuels industry. This bill will support local biofuels manufactures and
the reuse of used vegetable oils. The City of Eugene should support HB 3463.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Felicity Fahy CS-CMO 3/25/2009 Pri 2 Yes YesVII. A4 Support
Comments:
HB 3463 provides additional protections for in-state biodiesel producers. This bill was
introduced for the Oregon Biodiesel industry. Specifically, the bill amends current ORS so
that the renewable fuel standard (RFS) that requires all diesel sold in the state to include
2 percent biodiesel when Oregon production capacity reaches 5 million gallons annually,
and 5 percent when Oregon production capacity reaches 15 millions gallons annually.
Currently, 97% of in-state biodiesel is produced from sustainable recycled feedstock, with
a 7 million gallon annual capacity, and is roughly a $25 million dollar industry. The
proposed amendments would support the original intent of HB 2210, which was to
develop Oregon’s biofuels industry. This bill will support local biofuels manufactures and
the reuse of used vegetable oils. The City of Eugene should support HB 3463.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 3/31/2009
Comments:
Defer to Tony Jobanek. Per Ethan Nelson's analysis, this bill is very consisent with efforts
to encourage Oregon biodiesel industry, in this bill by requiring certain percentages of
biofuel be added to diesel. I defer to Fleet Manager Tony Jobanek to determine if the
removal of the local option on using biodiesel (for example, if the price differential
between biodiesel and straight diesel becomes too extreme) would significantly hamper
the City's goal of providing cost-effective services to the residents and taxpayers of
Eugene. To the best of my knowledge, the City has consistently used a 20% biodiesel
mix since going to B-20 several years ago, so the local option may not be a significant
factor.
SB 0053
Relating Clause: Commissioner of the Bureau of Labor and Industries Brad Avakian
Title:
Requires public agency to pay fee to Commissioner of Bureau of Labor and Industries
when public agency notifies commissioner that public agency has awarded contract
subject to prevailing wage law.
Removes provision requiring contract for public works to contain statement that fee
must be paid to commissioner.
Requires contractor or subcontractor to pay all wages due and owing to workers on
public works on contractor's or subcontractor's regular payday.
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/sb0053.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Glen Svendsen Glen Svendsen CS-FAC 1/14/2009 Pri 3 Neutral
Comments:
15
Changes due date for BOLI fees to coincide with other notifications to BOLI that a
contract has been awarded. Should simplify City's contract notifications. See Paul
Klope's review for additional comments.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Paul Klope PWE 1/20/2009 Pri 3 Yes YesVIII. B Drop
Comments:
Changes due date of the fee on public infrastructure contracts public agencies must pay
to BOLI from date of award to the date the notice of award is sent to BOLI. Removes the
requirement to state in the public infrastructure contract that this fee must be paid--this is
a "cleanup" provision, because the fee used to be paid by the contractor, but a few years
ago the law changed to require the public agency to pay the fee. The last change in this
bill is to require contractors to pay employees all the wages due them on their regular
payday.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Jenifer Willer Jenifer Willer PWE 1/20/2009 Drop No No Drop
Comments:
No impact on the City. This is only slightly different than the current practice, appears to
be more of a text clean-up.
SB 0057
Relating Clause: Relating to unlawful employment practices.
Title:
Provides that employer commits unlawful employment practice if employer discriminates
against employee or job applicant based on fact that member of employee's or
applicant's family works or worked for employer, even though employer has mixed
motives for discrimination.
Sponsored by: Commissioner of the Bureau of Labor and Industries Brad Avakian
URL:http://www.leg.state.or.us/09reg/measpdf/sb0001.dir/sb0057.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Andy Fernandez CS-CMO 1/16/2009 Pri 3 No No Monitor
Comments:
A similar provision like this exists in the ADA to protect individuals who are associated
with disability. The human rights staff may support a similar provision for other protected
classes but it may not impact City services directly other than hiring/dismissal policies
through HR. May need further clarification of who is protected.
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.
16
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 0232
Relating Clause: Relating to suspension of driving privileges for furnishing alcoholic liquor to a minor.
Title:
Provides that driving privileges of person be suspended if person is issued citation for
furnishing alcoholic liquor to minor. Provides for graduated length of suspension based
on age of minor.
Requires that police officer issue notice of intent to suspend, and confiscate Oregon
driver license or permit, when police officer cites person for furnishing alcoholic liquor.
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.
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/sb0232.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman S. Swenson EPD-ADM 4/21/2009 Pri 3 No No Oppose
Comments:
***Oppose as written; support if appropriately amended*** This bill would set up a
mechanism for suspension of the driving privileges of a person who furnishes alcohol to a
person under 21 years of age. The portion of the bill that we object to is the requirement
that, if an officer cites a person for furnishing alcohol, the officer *must* initiate the same
driver's license suspension process that is used with drivers arrested for DUII. We
oppose the mandate placed on police officers because that means that, if the officer does
not have the time to take the steps to initiate the license suspension, s/he cannot take
enforcement action for furnishing alcohol. If the mandate to do this were removed, and
the bill amended to make it optional for the officer to initiate the license suspension
process, we would support the bill.
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
17
Comments:
Will not have a significant financial impact on the City.
SB 0346
Relating Clause: Relating to domestic partnership.
Title:
Allows either party entering into domestic partnership to retain surname or to change
surname to surname of other party or hyphenated combination of surnames of both
parties.
Sponsored by: Senator WALKER
URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0346.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Andy Fernandez CS-CMO 1/27/2009 Pri 3 Monitor
Comments:
Might have impact on City depending on our role of registration of domestic partners and
how that impacts the work for HR and Benefits.
SB 0357
Relating Clause: Relating to eligibility for unemployment benefits.
Title:
Permits determination of eligibility for unemployment benefits using alternative base year
under certain circumstances.
Sponsored by: Senator ROSENBAUM
URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0357.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Jamie Iboa Jan Bergquist CS-HRRS 1/27/2009 Pri 3 Neutral
Comments:
This bill could raise the cost of unemployment for the City, but after another look at it, it
would probably be minimal. Based on that, the ranking could be change to “neutral” at
this point.
SB 0368
Relating Clause: Relating to mental health services; appropriating money.
Title:
Establishes Office of Consumer Affairs in Department of Human Services to promote
consumer-directed mental health services.
Establishes office of Ombudsman for Mental Health Consumers in department to
provide services to consumers of mental health or addiction services.
Appropriates moneys from General Fund to department for purposes of Act.
Sponsored by: By Senator MORRISETTE
URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0368.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Andy Fernandez CS-CMO 1/27/2009 Neutral
Comments:
Doesn't have a direct impact on Human Rights or Diversity programs or services at the
City but could be supported by our partners and potentially the Human Rights
commission.
SB 0372
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Relating Clause: Relating to qualification of resource land for inclusion in urban growth boundary.
Title: Modifies priority of lands considered for inclusion in urban growth boundary.
Sponsored by: COMMITTEE ON JUDICIARY (at the request of Oregon State Bar Real Estate Section)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0372.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom PDD-ADM 1/26/2009 Pri 3 Yes IV. D5 Neutral
Comments:
Bill provides clarifying language to an existing statute. Does not result in any substantive
changes to requirements describing which lands to prioritize for consideration.
SB 0471
Relating Clause: Relating to discriminatory practices.
Title:
Prohibits state or local government from discriminating against homeowner by imposing
permit requirement for certain rentals.
Requires administrative law judges to make up membership of special tribunals or be
hearing officers at proceedings alleging certain unlawful or discriminatory practices.
Sponsored by: Senator ATKINSON (at the request of Bill Earl)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0400.dir/sb0471.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Richie Weinman PDD-DEV 2/13/2009
Comments:
I'll leave this to Human Rights staff
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Andy Fernandez CS-CMO 2/19/2009 No No Neutral
Comments:
Doesn't seem to change the definition of discrimination or protected classes so no direct
impact on our services from a diversity or human rights perspective. It may reinforce the
City's position on anti-discrimination and human rights however.
SB 0476
Relating Clause: Relating to electric company public purpose charges; appropriating money.
Title:
Changes distribution of amounts collected as public purpose charge by electric
companies and Oregon Community Power. Limits amount allocated annually for new
cost-effective conservation and new market transformation.
Creates programs for distribution of moneys for energy conservation measures to
schools, cities and counties in areas where public purpose charge is collected, with
money diverted from new cost-effective conservation and new market transformation
purposes.
Establishes School Energy Conservation Fund, City Energy Conservation Fund and
County Energy Conservation Fund.
Continuously appropriates moneys in each fund to State Department of Energy for
distribution to school districts, cities and counties for respective energy conservation
measures.
Sponsored by: Senators GEORGE, JOHNSON
URL:http://www.leg.state.or.us/09reg/measpdf/sb0400.dir/sb0476.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 2/17/2009 Pri 2 Yes YesII. B1 Neutral
Comments:
SB 476 would provide annual funding to Oregon cities for energy efficiency programs. It
is unclear at this point if Eugene would be eligible for the program. The program is
financed from public purpose funding from electric companies, which EWEB and EPUD
do not pay into and the Oregon Community Power entity. This may be an Energy Trust of
19
Oregon focused bill. I am awaiting clarification on this from EWEB and Citizens Utility
Board staff.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Felicity Fahy Felicity Fahy CS-CMO 2/18/2009 Pri 3 Yes YesII. B1 Neutral
Comments:
It is unclear if Eugene would be eligible for the program. Defer to information collated by
Ethan from EWEB.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Twylla Miller Larry Hill CS-FIN 2/23/2009 Drop Yes YesII. B1 Drop
Comments:
SB 476 would have no financial impact on the City of Eugene. The bill would apply only
to areas served by Portland General Electric (PGE) and PacifiCorp.
SB 0482
Relating Clause: Relating to the establishment of safe drinking water overlay zones.
Title:
Requires local governments to establish safe drinking water overlay zones. Prescribes
minimum boundaries of overlay zones. Prohibits certain land uses in overlay zones.
Establishes permitting procedures for certain land uses in overlay zone.
Sponsored by: Senator PROZANSKI (at the request of John Brown)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0400.dir/sb0482.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Paul Klope PWE 2/17/2009
Comments:
I defer to Lisa Gardner, Steve Nystrom and Peter Ruffier.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 2/17/2009 Pri 2 VII. B1 Oppose
Comments:
Bill is very unclear on scope, process, timing and overall impact. Very difficult to evaluate
as written. Could affect every jurisdiction upstream of any waterway which provides a
source of drinking water for their own or any other community (i.e. Willamette and
McKenzie Rivers and all their tributaries). Could also affect every well and reservoir
statewide. Bill needs significant reworking in order to better evaluate it.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Peter Ruffier Peter Ruffier PWW 2/17/2009 Drop Drop
Comments:
The proposed legislation would require "A local government that has jurisdiction over a
water source from which a water system draws municipal drinking water shall establish a
safe drinking water overlay zone to protect the water source." For Eugene, this
responsibility would fall to EWEB. The legislation outlines specific zoning requirements
for the protection of water supplies, and "When the permitted uses of an underlying zone
or local government conflict with the permitted uses of an overlay zone, the more
restrictive rule shall apply." This will create conflicts and contentious issues if the water
supply overlay zone extends beyond the urban limits.
SB 0492
Relating Clause: Relating to just compensation for the condemnation of property.
Title:
Allows condemner to offer just compensation to property owner without prior attempt at
agreement if condemner determines just compensation amount is less than $500. States
result of property owner acceptance or rejection of offer.
Sponsored by: Senator PROZANSKI (at the request of John Brown)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0400.dir/sb0492.intro.pdf
20
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Lauren Sommers ATTNY 4/21/2009 Yes IV. D7 Monitor
Comments:
Recommend monitor because of the bill's broad relating clause. The bill is in theory good
for the City because it allows the City to skip the step of attempting to agree with the
owner on the amount of just compensation and simply make an offer, if just
compensation for the property is less than $500. However, it is my understanding that in
practice the City rarely, if ever, condemns property worth less than $500, so the bill will
not have a practical effect on the City.
SB 0596A
Relating Clause: Relating to decabrominated diphenyl ether
Title:
Modifies definition of 'hazardous substance' to include decabrominated diphenyl ether.
Prohibits introduction or delivery for introduction into commerce any product containing
more than one-tenth of one percent by mass of decabrominated diphenyl ether. { +
Provides exemptions. Becomes operative January 1, 2011. + }
Sponsored by: Senator HASS; Senators ATKINSON, BATES, DEVLIN, MONNES ANDERSON,
Representatives BAILEY, BRUUN, GARRETT, GREENLICK, HOLVEY, READ, TOMEI
URL:http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0596.a.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 3/25/2009 Pri 3 Yes YesVII. A. 4c Support
Comments:
The proposed amendments in this bill provide an exclusion for transportation related
equipment to the ban of dde. This seems to be a compromise, continuing the use of a
known toxic substance in transportation related equipment, but not in consumer
electronics. I suppose that this is a start in the right direction, and should have a large
impact towards cleaning up our indoor air quality. Recommendation to support.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Peter Ruffier Ruffier PWW 4/21/2009 Pri 3 VII. B1 Support
Comments:
This bill would restrict the use of a flame retardent chemical that has been found
commonly in the environment and which has questionable human and ecological health
imnpacts. Polybrominated Diphenyl Ethers (PBDEs) are used as additive flame
retardants in a wide variety of commercial products ranging from electrical and electronic
equipment to textiles. PBDEs in general are environmentally persistent. Since PBDEs are
additive flame retardants, they are not chemically bound to the substances they are
added to commercially. PBDEs readily escape these substances before, during, and after
their useful lives (eg from a television casing while it is being manufactured, used, or
disposed of). As a result, the level of PBDEs in our environment has been rising for at
least a decade. Since they show an affinity for binding to particles, PBDEs have been
found in their highest concentrations in sewage sludge, dust, air, and water sediments. In
addition, PBDEs are lipophilic. This quality, in addition to their persistence, has resulted
in the bioaccumulation of PBDEs in the fatty tissues of marine animals such as arctic
char and ringed seals, as well as terrestrial animals such as osprey and moose. It has
been suggested by study that the upward trend in biotic concentrations of PBDEs may
have a doubling time of as little as 4-6 years. Studies have also detected PBDEs in
human breast milk in both Europe and the United States. Since the 1990s scientists have
questioned the safety of PBDEs. People are exposed to low-levels of PBDEs through
ingestion of food and by inhalation. PBDEs bioaccumulate in blood, breast milk, and fat
tissues. Personnel associated with the manufacture of PBDE-containing products are
exposed to highest levels of PBDEs. Bioaccumulation is of particular concern in such
instances, especially for personnel in recycling and repair plants of PBDE-containing
products. People are also exposed to these chemicals in domestic environment because
21
of their prevalence in common household items. Studies in Canada have found
significant concentrations of PBDEs in common foods such as salmon, ground beef,
butter, and cheese. PBDEs have also been found at high levels in indoor dust, sewage
sludge, and effluents from wastewater treatment plants. Alternatives to PBDEs are not
readily available for all applications; however, the following strategies can be utilized to
dramatically reduce or eliminate the use of PBDEs in industry. •Substitution of alternative
non-brominated chemical additives in some cases •Material substitution •Design changes
(e.g. wider spacing in TV circuitry to reduce fire hazard)
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Glen Potter Glen Potter EFD 3/24/2009
Comments:
Fire defers to Solid Waste Management on this bill.
SB 0651
Relating Clause: Relating to energy technology in public buildings.
Title:
Provides that public improvement contact for construction or certain reconstruction or
renovation of public building is considered to contain amount equal to at least 1.5 percent
of total contract price for inclusion of solar, geothermal or wind energy technology.
Sponsored by: Senator WHITSETT; Senators FERRIOLI, KRUSE, TELFER, Representative GARRARD
URL:http://www.leg.state.or.us/09reg/measpdf/sb0600.dir/sb0651.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mike Penwell Mike Penwell CS-FAC 3/4/2009 Pri 2 Yes YesIV. A Oppose
Comments:
This is another iteration of HB 2758 and SB 446, but more restrictive in the types of
energy technology that could be used to meet the 1.5% requirement. SB 446 is the best
of the three bills for the City of Eugene because it provides the flexibility to use the most
appropriate and cost-effective energy conservation strategies rather requiring that the
money be spent only on solar, geothermal, or wind power.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 3/4/2009
Comments:
I support Mike Penwell's comments.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Felicity Fahy Felicity Fahy CS-CMO 3/5/2009
Comments:
I agree with Mike Penwell's comments
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Jenifer Willer Jenifer Willer PWE 3/12/2009
Comments:
I defer to Mike and other reviewers.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Paul Klope PWE 3/3/2009
Comments:
I defer to Mike Penwell
SB 0719
Relating Clause: Relating to Urban Growth Boundary Expansion Area Revolving Loan Fund; appropriating
money; declaring an emergency.
Title:
Establishes Urban Growth Boundary Expansion Area Revolving Loan Fund. Continuously
appropriates moneys from fund to Economic and Community Development Department
22
to provide no-interest loans to finance eligible infrastructure projects in urban growth
boundary expansion areas.
Declares emergency, effective July 1, 2009.
Sponsored by: Senators MONNES ANDERSON, STARR, Representative D EDWARDS; Senators
GEORGE, SCHRADER, Representatives BAILEY, KAHL, KENNEMER, MATTHEWS,
READ, VANORMAN(at the request of City of Gresham, Washington County, Central
Oregon Cities organization, City of Wilsonville)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0700.dir/sb0719.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 3/12/2009 Pri 2 Yes YesIV. D5 Support
Comments:
Bill would establish a revolving loan fund to assist local governments in financing
infrastructure projects in relation to urban growth boundary expansions. If and when the
City of Eugene should be faced with an urban growth boundary expansion, this fund
could provide much needed assistance in bridging financing challenges associated with
capital projects in these expansion areas. Fund would apply to a variety of public services
including transportation, wastewater, stormwater treatment, parks and public safety
facilities. Several local governments have requested this bill.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Paul Klope PWE 3/13/2009 Pri 2 Yes YesIV. D5 Support
Comments:
I agree with Steve's comments.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Peggy Keppler Peggy Keppler PWE 3/18/2009 Support
Comments:
SB 0788
Relating Clause: Relating to water.
Title:
Makes legislative findings regarding peak and ecological flows. Requires Water
Resources Department to ensure that water storage project contains provisions to ensure
protection of peak and ecological flows necessary to maintain stream morphology and
habitat before department issues certain permits or limited licenses.
Sponsored by: Senator DINGFELDER, Representative SHIELDS; Senators MONROE, ROSENBAUM,
Representatives BAILEY, DEMBROW, WITT
URL:http://www.leg.state.or.us/09reg/measpdf/sb0700.dir/sb0788.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Wold Eric Wold PW-POS 3/25/2009 Pri 3 Yes YesVII. B3 Support
Comments:
SB 788 requires the Water Resources Department to ensure that water storage projects
(e.g, dams) contain provisions to ensure protection of peak and ecological flows
necessary to maintain stream morphology and habitat before the Department issues
certain permits or licenses. As demands for water increase over time, it will be important
to balance many competing needs for water, including water needed to support healthy
fish (e.g., salmon) and wildlife populations. This bill would help ensure that fish and
wildlife needs are considered before new water storage projects are permitted.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Paul Klope PWE 3/12/2009
Comments:
I defer to Therese and Eric.
23
SB 0972
Relating Clause: Relating to apprenticeship; appropriating money.
Title:
Prohibits public agencies from entering into public works contracts for which contract
price exceeds $750,000 unless public agency verifies that every employer under contract
is approved apprenticeship training agent. Provides exception if local joint committee or
apprenticeship training program does not exist in state.
Requires contractor and subcontractor that are parties to contract for which contract
price exceeds $750,000 to employ apprentices for at least 15 percent of total hours
worked on project. Allows Bureau of Labor and Industries to adjust percentage in certain
circumstances.
Requires Bureau of Labor and Industries to develop, adopt and revise plan to increase
diversity among workers employed on public works projects, including workers who are
apprentices.
Requires advisory committee to evaluate periodically minimum percentage set for
number of hours to be worked by apprentices on public works projects and to assist
Commissioner of Bureau of Labor and Industries in administration of Act.
Requires specifications and contracts for public works for which contract price exceeds
$750,000 to state that contractors and subcontractors must be approved training agents
and that minimum percentage of total hours worked on public works project must be
performed by apprentices.
Requires contractor or contractor's surety to provide certified statements concerning
employment of apprentices on public works projects.
Provides for civil penalty of not more than $5,000 per violation of provision of Act plus
additional civil penalty in amount equal to $20 multiplied by number of hours required to
be worked, but not worked, by apprentices.
Directs moneys collected from additional civil penalty into State Apprenticeship and
Training Education Fund and continuously appropriates moneys to State Apprenticeship
and Training Council for specified purposes.
Sponsored by: Senator ROSENBAUM, Representative HOLVEY; Representatives BUCKLEY,
DEMBROW, WITT
URL:http://www.leg.state.or.us/09reg/measpdf/sb0900.dir/sb0972.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Paul Klope PWE 4/20/2009 Pri 3 Yes YesVIII. B Neutral
Comments:
This bill is identical to HB 2838. Below are the comments I made on HB 2838. The title of
the bill describes it's content. This bill is similar to a bill introduced during the last session.
This bill would reduce competition for bids, because many contractors will chose not to
bid on these projects rather than develop and administer an apprenticeship program. This
effect of this bill would also be to reduce the number of subcontractors available to work
on projects for the same reason. This bill would increase City's cost of administering
projects in order to verify the contractor's and all of the subcontractor's apprenticeship
programs are in compliance. Contractors bid prices to the City will increase as a result of
this bill because of the cost of administering the program, finding and hiring the
apprentices and doing the training. This bill will cause an increase in the contractors bid
prices to the City because of they will need to add cost to cover the risk of mistakes and
inefficiencies of the apprentices. At some point, it may become difficult to find
apprentices, because of the ongoing nature of this program and the limited duration of
the apprenticeships. Also, there is no guarantee that the apprentices will work any longer
than the duration of the project that they were hired for, so people employed as
apprentices could end up unemployed in a short time. _________________ I believe that
due to the increased costs and administrative burden to the City as a result of this
program the City should oppose this bill. However, since IGR Committee decided to take
a neutral position on HB2838, I have shown a neutral recommendation for this bill also.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mike Penwell Mike Penwell CS-FAC 4/20/2009 Pri 3 Yes YesVIII. B Neutral
Comments:
24
I agree with Paul's comments, particulary that this bill would increase the City's costs of
administering public works contracts and could have the unintended consequence of
reducing quality on public projects. Apprenticehip programs have traditionally worked
best when they are initiated and supported by the trade organizations associated with
individual trades rather than as a gov't mandate.
SB 0974
Relating Clause: Relating to smoking.
Title:
Exempts hookah bars from definition of 'smoke shop' for purposes of Oregon Indoor
Clean Air Act.
Sponsored by: Senators MONNES ANDERSON, BATES, Representative TOMEI; Senator BURDICK
URL:http://www.leg.state.or.us/09reg/measpdf/sb0900.dir/sb0974.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mike McKerrow PDD-BPS 4/17/2009 Drop No No Neutral
Comments:
City Clean Air in the Workplace standards will still prevent hookah bars within the City
limits. Minors may not enter a hookah bar so the bill is not directly related to council
policy on limiting tobacco availability to minors. Staff receive several requests per year to
establish a hookah bar but they are not allowed.
SJR 0036
Relating Clause: Proposing amendment to Oregon Constitution relating to valuation of property.
Title:
Proposes amendment to Oregon Constitution creating minimum assessed value for
property taxation equal to 50 percent of real market value and maximum assessed value
for property taxation equal to 75 percent of real market value. Changes exception
valuation of property to 75 percent of real market value. Adds to classes of property
subject to exception valuation property sold
or transferred to new owner. Refers proposed amendment to people for their approval or
rejection at next regular general election.
Sponsored by: COMMITTEE ON FINANCE AND REVENUE
URL:http://www.leg.state.or.us/09reg/measpdf/sjr1.dir/sjr0036.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/24/2009 Pri 2 Yes YesII. A1 Oppose
Comments:
SJRs 35, 36 and 37 are proposed Oregon Constitutional amendments with different
approaches to the problem of the widening gap between assesed property valuse and
real market values. The measures were introduced by the Senate Committee on Finance
and Revenue in order to facilitate a discussion on the general issue. I recommend the
City participate in the discussion aand urge amendments to whatever measure advances.
Specific to SJR 36, the measure would create a minimum assesed value of 50% of real
market value. This would have little effect on the City of Eugene. It would also set
assessed value at 75% of real market value when a property is improved, rezoned, and
so forth, with the addition of an adjustment to 75% of real market value upon sale.
Specific to SJR 37, the measure would set assessed value at 75% of real market value
rather than at thr changed property ratio when a property is improved, rezoned, or is
otherwise classified as having exceptions value. In addition the bill would set assessed
value at 75% of real market value upon sale or transfer of property. Right now the
changed property ratio for a category of property determined the assessed value of a
changed or exceptions value property. This is the average ratio of assessed value to real
market value for a property category. in Eugene the changed property ratio varies
between 100% for industrial property to 58% for residential property to 46% for
recreational property. Switching to a flat 75% rather than the current scale of changed
property ratios would increase the assessed value for residential and most changed
25
properties, but lower the assessed value for industrial and some other changed
properties. This proposal as introduced could be beneficial to local governments but
needs a much closer look. However, it appears the measure would also cap assessed
value at 75% of real market value, rather than at the current 100%. This would put many
more properties in the City of Eugene into compression and reduce tax revenue
unacceptably. This last provision should be strongly opposed.
26
ûèèûùôï÷îèù
IGR BILL REPORT
MAY 6, 2009
REPORT DATE RANGE: APRIL 22, 2009 thru APRIL 28, 2009
CITY OF EUGENE
HB 2097 A
Relating Clause: Relating to carrier of last resort obligations; declaring an emergency
Provides that Public Utility Commission may exempt telecommunications utility,
Title:
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 - } { +
owner or developer of property with four or more single-family dwellings uses alternative
service provider to provide local telecommunications service + }. Declares emergency,
effective on passage.
Ordered printed by the Speaker pursuant to House Rule 12.00A (5). Presession filed. (at
Sponsored by:
the request of House Interim Committee on Agriculture and Natural Resources for
Oregon Telecommunications Association)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2000.dir/hb2097.a.pdf
Contact Respondent Dept Updated Priority Policy Poli Numb Recommendation
Pam Berrian Pam Berrian CS-ISD 4/28/2009 Pri 3 No Monitor
Comments: Defer to OPUC; or determine if the OPUDC desires that localgovernments weigh in on this issue.
I see that the possible typo I mentioned in my last review has apparently been corrected. It is
now a Permissive bill.
HB 2180 A
Relating Clause: Relating to energy
{ - Establishes Oregon Renewable Energy Grant Account and allows credit against
Title:
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 - } { + industrial process energy facilities + }.
Allows taxpayer to claim residential energy tax credit for hydroelectric generating
system. { + Creates specific tax credit for purchasers of plug-in hybrid electric vehicles
and related equipment. Directs Director of State Department of Energy to adopt rules
relating to tax credits for certain energy saving devices. + } 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. {
1
+ Authorizes State Department of Energy to adopt rules relating to tax credits for
production of biomass. + } Applies to tax years beginning on or after January 1, 2010.
Governor Theodore R. Kulongoski for State Department of Energy
Sponsored by:
http://www.leg.state.or.us/09reg/measpdf/hb2100.dir/hb2180.a.pdf
URL:
Contact Respondent Dept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 4/28/2009 Pri 2 Yes VII.A1 Support
Comments: I concur with Mike and Felicity.
Contact Respondent Dept Updated Priority Policy Poli Numb Recommendation
Felicity Fahy Felicity Fahy CS-CMO 4/28/2009 Pri 2 Yes VII.A1 Support
Comments: Concur with Mike Penwell and defer to his more detailed knowledge on this.
Contact Respondent Dept Updated Priority Policy Poli Numb Recommendation
Mike Penwell Mike Penwell CS-FAC 4/24/2009 Pri 2 Yes VII.A1 Support
Comments: This amendment significantly scales back the changes included in the original bill,
particularly the establishment of an Oregon Renewable Energy Grant Account that would
have allowed a tax credit for contributions to the account. The amended version still
clarifies and expands the business energy tax credit (BETC) in positive ways and now
includes industrial process energy efficiency improvements and plug-in hybrid electric
vehicles and related equipment.
The clarifications include: a definition for "hydroelectric generating system";
clarifications related to biofuel, biomass, and alternative fuel vehicles; and minor
modifications to the rule procedures and criteria related to the BETC program.
The only potential negative that I see is a new requirement that the tax credit must be
transferred within the “tax year” in which it originated. That may reduce our flexibility
and timing for finding pass-through partners. Overall, this bill makes some positive
changes to a very successful tax credit program and the City should support it in my
opinion.
HB 2401 A
Relating Clause: Relating to assault
Expands crime of assault in the third degree to include assault with dangerous substance
Title:
on public safety officer.
2
COMMITTEE ON JUDICIARY (at the request of Oregon Council of Police
Sponsored by:
Associations)
http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2401.a.pdf
URL:
Contact Respondent Dept Updated Priority Policy Poli Numb Recommendation
Ellwood Cushman E. Cushman EPD-ADM 4/28/2009 Pri 2 No Support
Comments: No change of position or recommendation. The IGR Committee, at its 4 February meeting,
supported our Priority 2/support position on the original bill. The A-Engrossed version of the bill
contains some minor wording changes, but is substantially the same in terms of content as the
original bill.
As we indicated in discussing the original bill, this bill would expand the Assault III statute to
include public safety officers (i.e., firefighters, EMTs, police officers, parole/probation officers)
as victims when dangerous substances such as feces and urine are thrown on them while they are
performing their duties. Currently, only corrections officers are included in that statute.
Such acts place public safety officers at serious risk because of the serious diseases which can be
transmitted through such means. 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.
By making it a serious crime, some individuals who might otherwise be inclined to assault public
safety officers in this manner may be deterred. And, if someone decides to commit such an act
anyway, this would allow the person be subject to significant sanctions upon conviction.
HB 2428 A
Relating Clause: Relating to assault
Increases penalty for assault in third degree if defendant commits assault by means of
Title:
motor vehicle and was driving while under influence of intoxicants.
COMMITTEE ON JUDICIARY
Sponsored by:
http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2428.a.pdf
URL:
Contact Respondent Dept Updated Priority Policy Poli Numb Recommendation
Ellwood Cushman E. Cushman EPD-ADM 4/28/2009 Pri 3 Yes V. C7 Support
Comments: Although we had originally recommended a Priority 2/support position on the original
bill, the full Council took a Priority 3/support position after discussing the bill at its 23
Feb meeting. Thus, we are recommending that same level of support on the A-Engrossed
version of the bill.
3
The original bill increased the penalty for Assault III only for two sets of circumstances
by which that crime could be committed if it was caused by a person operating a motor
vehicle while under the influence of intoxicants. The amended version expands that
enhancement to other sets of circumstances included in the statute (e.g., recklessly
causing physical injury to another by means of a deadly or dangerous weapon under
circumstances manifesting extreme indifference to the value of human life).
We believe that, if a person chooses to operate a motor vehicle while under the influence
and subsequently injures a person, the driver should be subject to the enhanced penalty.
We believe that this will help to prevent some instances of people electing to do so and,
in cases where they opt to drive anyway and cause injury, the change in the law will
allow the court to impose a more appropriate sanction.
Contact Respondent Dept Updated Priority Policy Poli Numb Recommendation
Jeff Perry Jeff Perry CS-FIN 4/17/2009
Comments: Defer to EPD - Does not impact Muni-Court
HB 2470 A
Relating Clause: Relating to dogs
{ - Prohibits owning, possessing, controlling or having charge of more than 25 sexually
Title:
intact dogs aged four months or older. Imposes conditions for owning, possessing,
controlling or having charge of 10 or more sexually intact dogs aged four months or
older. Creates exceptions. Makes violation subject to maximum penalty of six months'
imprisonment, $2,500 fine, or both. - } { - Imposes requirements and prohibitions on pet
dealers selling, bartering or exchanging dogs. Provides customers of pet dealers with
specific remedies if dogs have diseases, illnesses, adverse conditions or adverse
congenital or hereditary defects. - } { + Prohibits possessing, controlling or having charge
of more than 50 sexually intact dogs that are two years of age or older for primary
purpose of reproduction. Imposes conditions on persons who possess, control or have
charge of certain numbers of sexually intact dogs that are eight months of age or older.
Punishes violation by maximum penalty of six months' imprisonment, $2,500 fine, or
both. Imposes oversight condition on persons who possess, control or have charge of
more than 75 dogs. Provides customers of pet dealers with specific remedies if purchased
dog has disease or congenital disorder. Requires retail pet stores to disclose certain
information to purchasers of dogs. + }
Representatives HOLVEY, GELSER, Senators COURTNEY, WALKER;
Sponsored by:
Representatives BUCKLEY, COWAN, GALIZIO, MATTHEWS, SCHAUFLER, WITT,
Senator PROZANSKI
http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2470.a.pdf
URL:
4
Contact Respondent Dept Updated Priority Policy Poli Numb Recommendation
Ellwood Cushman E. Cushman EPD-ADM 4/28/2009 Pri No Support
Comments: We are recommending a Priority 2/support position on the amended version of this bill
based on the IGR Committee having made the same recommendation on the original bill.
(This is not really a police-related bill; we are making this recommendation from a
broader public policy point of view based on prior action by the IGR Committee.)
The A-Engrossed version of this bill seems to have some compromises that came out of
what legislators heard from various constituencies. This version has passed the House
and has been assigned to the Senate Consumer Protection and Public Affairs Committee
although, as of this writing, a hearing has apparently not been scheduled by that
committee.
The amended version has some changes, including increasing the number of dogs that
can be kept, but it appears to retain reasonable protections for the animals (e.g., how they
are kept, that they get exercise) and for the consumers who purchase the animals (e.g.,
disclosure by seller, provisions for refunds if health issues are discovered). All in all, we
believe this bill will improve the current situation for both of those groups.
HB 2554 A
Relating Clause: Relating to definition of vulnerable user of a public way
Modifies definition of ‘vulnerable user of a public way.’
Title:
Representatives SPRENGER, CLEM; Representatives BENTZ, BERGER, BRUUN,
Sponsored by:
ESQUIVEL, FREEMAN, GARRARD, GILMAN, HUFFMAN, KAHL, MAURER,
OLSON, RICHARDSON, SCHAUFLER, SHIELDS, G SMITH, THATCHER,
WEIDNER, WHISNANT, WINGARD, Senators BONAMICI, BOQUIST, GEORGE,
GIROD, MORSE
http://www.leg.state.or.us/09reg/measpdf/hb2500.dir/hb2554.a.pdf
URL:
Contact Respondent Dept Updated Priority Policy Poli Numb Recommendation
Ellwood Cushman D. Schulz EPD-ADM 4/27/2009
Comments: Defer to Lee Shoemaker's position and analysis.
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Contact Respondent Dept Updated Priority Policy Poli Numb Recommendation
Lee Shoemaker Lee Shoemaker PWE 4/22/2009 Pri 3 Yes V. C7 Support
Comments: Motorcyclists are vulnerable in a crash similar to bicyclists, pedestrians, skaters, scooter
riders, highway workers, and farm equipment users. This bill would only add
motorcyclists to the list of road users considered to be vulnerable in crashes.
HB 3253 A
Relating Clause: Relating to plug-in electric drive motor vehicle tax credit
Establishes tax credit for plug-in electric drive motor vehicles. Applies to tax years
Title:
beginning on or after January 1, 2010
Representative NATHANSON; Representatives BAILEY, BARKER, BOONE,
Sponsored by:
CANNON, CLEM, DEMBROW, C EDWARDS, D EDWARDS, GALIZIO, GARRETT,
HOLVEY, MAURER, SCHAUFLER, J SMITH, STIEGLER, Senators PROZANSKI,
WALKER
http://www.leg.state.or.us/09reg/measpdf/hb3200.dir/hb3253.a.pdf
URL:
Contact Respondent Dept Updated Priority Policy Poli Numb Recommendation
Felicity Fahy Felicity Fahy CS-CMO 4/28/2009 Pri 2 Yes VII.A1 Support
Comments: Same basic comments as on Bill 3253. Establishing tax credits for electric vehicles will
stimulate adoption of EV's and help with the shift from fossil fuel propelled vehicles to
cleaner energy. There are at least two EV manufacturers (of single occupant vehicles) in
Eugene. The proposed tax credits would help develop a larger customer base for the
vehicles and in turn be one of the tools for decreasing greenhouse gas emissions in
Eugene and the State. Defer to Tony Jobanek for any specifics on the bill for city ops.
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SB 0444 A
Relating Clause: Relating to hazing
{ - Prohibits member of collegiate athletic team from engaging in certain conduct that
Title:
constitutes hazing. Punishes by maximum of $360 fine. - } { + Defines terms for purpose
of prohibition on hazing. Punishes student organizations that commit hazing by
maximum of $720 fine. Punishes members of student organizations by maximum of $360
fine. + }
COMMITTEE ON EDUCATION AND GENERAL GOVERNMENT
Sponsored by:
http://www.leg.state.or.us/09reg/measpdf/sb0400.dir/sb0444.a.pdf
URL:
Contact Respondent Dept Updated Priority Policy Poli Numb Recommendation
Ellwood Cushman S. Kamkar EPD-ADM 4/27/2009 Pri 2 No Support
Comments: We support this bill, which would expand the current statute prohibiting hazing.
Currently the statute includes college-level student organizations, but specifically
excludes athletic teams. The bill would change the statute to include athletic teams, and
to expand the bill to include student organizations in secondary and elementary schools
as well. In addition, the bill focuses the prohibited conduct on those activities which are
more likely to be harmful to the individual's health or to require the person to commit
criminal acts or acts of hazing. On the whole, we believe this bill represents a significant
improvement over the current law.
SB 0556 A
Relating Clause: Relating to automated external defibrillators
Requires certain places of public assembly to have automated external defibrillator { -
Title:
and that owner of place of public assembly ensures that staff person trained in use of
automated external defibrillator is present when place of public assembly is open to
public - } . { + Limits liability of owner for use, attempted use or nonuse of defibrillator.
+ }
Senators HASS, KRUSE; Senators ATKINSON, BATES, GIROD, MONNES
Sponsored by:
ANDERSON, Representatives BARKER, GREENLICK, MAURER, READ, ROBLAN
http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0556.a.pdf
URL:
Contact Respondent Dept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 4/29/2009 Pri 3 Oppose
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Comments: Per legal review, the term "floor space" implies a structure of some kind, rather than a
public park generally or a street. However, the bill is not a model of clarity and it would
be good to have a more specific definition of "place of public assembly" or an exemption
for unenclosed spaces.
Our concern is that the bill could be interpreted to apply to events in public parks and
also to permitted uses of the rights of way (e.g., parades). Both of these “places of public
assembly” typically have more than 25 people a day present (for example, in a regional
park or walking on a downtown street). However, neither of these “facilities” typically is
described in terms of “floor space.”
If parks and permitted uses of the rights of way are subject to this legislation, then we
have a problem. Where would a defibrillator be housed? It is not reasonable that we
would leave them laying around in parks of on the sides of the street. And the bill clearly
identifies the owner, not the permitted user, as having the responsibility.
For Public Works to not recommend an oppose position to this bill, we need to hear from
someone that the types of “facilities” described above are exempted for this bill.
Otherwise, we would recommend a fairly strong oppose position unless amended to
exclude public parks and permitted uses of the rights of way (this version of the bill may
actually cause more problems for us than the bill as introduced, which at least set a
threshold of 500 people).
Contact Respondent Dept Updated Priority Policy Poli Numb Recommendation
Glen Potter Glen Potter EFD 4/27/2009 Pri 3 No Support
Comments: Good bill, especially with the amendments. We believe that most if not all places of
public assembly (as defined in the bill) in Eugene already have AEDs, but we are still in
favor of more AEDs, in Eugene and elsewhere.
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