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HomeMy WebLinkAboutItem 3: Approval of Non-Unanimous IGR Actions 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 May 27, 2009 Meeting Date: June 8, 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 May 27, 2009, IGR Committee meetings. BACKGROUND As a matter of procedure, during the legislative session, the City Council is routinely asked to ratify the actions taken by the Intergovernmental Relations (IGR) Committee on legislation. The IGR Committee reviews all bills and their associated staff recommendations and provides direction for each piece of legislation introduced during the legislative session. Any member of the IGR Committee may pull a bill off the IGR Bill Report for discussion. If a bill is not pulled for discussion, the staff recommendation stands. If a bill is pulled for discussion, the IGR Committee may keep or change the staff recommendation. Actions on which the IGR committee is not unanimous must be brought before the full City Council for consideration. These bills must be addressed by the full council in order to provide direction to staff in Salem. The IGR Committee met on May 27, 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 May 27 2009: SB 719A: This bill would establish an Urban Growth Boundary Expansion Area Revolving Loan Fund and continuously appropriates moneys from fund to Economic and Community Development Department to provide no-interest loans to finance eligible infrastructure projects in urban growth boundary expansion areas. Z:\CMO\2009 Council Agendas\M090608\S0906083.doc Staff Recommendation: Priority 2 Support IGR Committee Vote: Priority 2 Oppose (Councilor Taylor – no second) Ms. Taylor thought the City should oppose the bill because she felt such a fund would encourage the expansion of urban growth boundaries. Although the original version of this bill came to the full City Council and the council adopted a position of support on the bill, the bill has been modified to provide that if the entire bond amount as directed in the bill cannot be deposited into the Fund, other lottery funds can be used to deposit into the Fund. HB 2699A: This bill would modify the definition of “public works;” classify exemption from ad valorem property taxation as funds of a public agency for the purpose of imposing prevailing rate of wage; require City, county or other sponsors of enterprise zones to notify the Commissioner of the Bureau of Labor and Industries of any exemption from ad valorem property taxation connected with public works located in the sponsor's enterprise zone; require sponsors of the enterprise zone in which a public works is located to pay a specified fee; and create procedures by which multiple public agencies that award contracts for public works or multiple sponsors that designate enterprise zones in which a public works is located must apportion fees and receive certified statements. Staff Recommendation: Priority 2 Oppose IGR Committee Vote: Priority 2 Support (Councilor Taylor - no second) 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 May 27, 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. Z:\CMO\2009 Council Agendas\M090608\S0906083.doc ATTACHMENTS A. Bill and Staff Comments on Non-Unanimous Actions B. May 27, 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\M090608\S0906083.doc ûèèûùôï÷îèû ATTACHMENT B IGR BILL REPORT MAY 27, 2009 REPORT DATE RANGE: MAY 12, 2009 thru MAY 18, 2009 CITY OF EUGENE HB 3465 Relating Clause: Relating to beverage containers; providing for revenue raising that requires approval by a three-fifths majority. Title:Requires distributor and organization representing group of distributors to remit to Department of Revenue amount equal to total refund value of beverage containers sold by distributor or group of distributors less amount actually refunded to dealers each quarter. Requires that distributor and organization representing group of distributors keep certain records and make reports to department. Requires that distributor and organization representing group of distributors make certain records available to department. Provides civil penalties for failure to keep accurate records or provide reports. Sponsored By:Representative DEMBROW, Senator DINGFELDER URL:http://www.leg.state.or.us/09reg/measpdf/hb3400.dir/hb3465.intro.pdf Contact Respondent Dept Updated Priority Policy Policy No Recommendation PDD-BPS Ethan Nelson 5/12/2009Pri 3YesVII. A4Monitor HB 3465 proposes that the State of Oregon collect from beverage distributors the Comments: unredeemed deposits from the Oregon Bottle Bill. Currently, it is estimated that the beverage distribution industry collects $15 million annually in unredeemed deposits. This legislation would effectively transfer this funding from the private sector into the public sector. The challenge to implementing this bill is that the unredeemed deposit funding is supposedly the seed money the industry will use to establish the redemption centers under HB 2184. Additionally, the funding from unredeemed deposits is slated to be directed to the General Fund with no mention of any support for waste prevention or recycling activities. It is recommended that the City of Eugene monitor this bill further to see how it evolves. 1 HB 2184B Relating Clause: Relating to beverage containers Title:Establishes goal for beverage container return rate. Changes definition of 'beverage.' { - Authorizes Oregon Liquor Control Commission to establish standards for redemption of beverage containers. - } Requires Department of Environmental Quality to report to Seventy-ninth Legislative Assembly on certain matters related to beverage containers. Increases refund value for beverage containers upon department's determination that less than 80 percent of containers have been returned during previous calendar year. { - Requires dealers served by redemption centers to accept for refund at dealer's location certain amount of beverage containers. - } Sponsored By:Ordered printed by the Speaker pursuant to House Rule 12.00A (5). Pre-session filed. (at the request of Governor Theodore R. Kulongoski for Department of Environmental Quality) URL:http://www.leg.state.or.us/09reg/measpdf/hb2100.dir/hb2184.b.pdf ContactRespondent Dept Updated Priority Policy Policy No Recommendation PDD-BPS Ethan Nelson5/12/2009 Pri 2YesVII. A4Support Continued changes in the bottle bill are watering down the impact of the bill in the near Comments: term. Should the City have an opportunity to comment, the recommendation should be to increase the deposit from 5 cents to 10 cents starting no later than Jan 1, 2011. A secondary recommendation for modification is to push the dates forward from 2017 for the DEQ report back to legislature to 2015. This gives enough time for industry to work through the kinks in the system but not so much time to greatly capitalize on any large levels of unredeemed deposits. Staff recommend to support with or without amendments. Any increase in diversion is a good thing. More diversion is obviously better than less. It is staff opinion that diversion rates will increase dramatically with an increase from 5 cents to 10 cents, which should occur no later than 2011. HB 3465 is proposing that the distributors pay the State of Oregon all unredeemed deposits. These two bills should be discussed together in the light of implications toward industry, consumers, and overall recycling rates for beverage containers. 2 HB 2287A Relating Clause: Relating to courts; creating new provisions; amending ORS 1.202, 1.204, 2.565, 18.235, 21.010, 21.110, 21.114, 21.270, 21.275, 21.310, 21.325, 46.570, 5.130, 125.060, 131.897, 135.265, 135.921, 137.225, 137.293, 137.295, 137.540, 5.490, 419A.262 and 813.2 Title:{ - Repeals obsolete provision relating to jury trials in county courts. - } { + Increases court fees and other amounts that courts may charge. Creates court fees and assessment for specified fees. Establishes State Judicial Stabilization Fund. Directs certain fees to be deposited in fund. Continuously appropriates moneys in fund to Judicial Department for purpose of paying expenses related to maintaining stable and equitable operation of state court system. Establishes State Court Technology Account. Directs certain fees and assessment for specified fees to be deposited in account. Continuously appropriates moneys in account to department for purpose of paying certain expenses related to department's technology systems, equipment and services.} Sponsored By:House Interim Committee on Judiciary URL:http://www.leg.state.or.us/09reg/measpdf/hb2200.dir/hb2287.a.pdf ContactRespondent Dept Updated Priority Policy Policy No Recommendation CS-MUNI Jeff Perry Jeff Perry5/18/2009Pri 3Oppose Bill adds multiple State fees the court would be required to collect. This would is a Comments: unfunded requirement and would impact Municipal Court resources to implement. HB 2430A Relating to application of prevailing rate of wage; creating new provisions; amending ORS Relating Clause: 279C.810; and declaring an emergency. Defines { - ' building construction' and modifies definition of 'residential construction' - } { Title: + and modifies certain terms + } for purposes of applying prevailing rate of wage { - to projects that predominantly provide affordable housing - } . { + Exempts certain projects from imposition of prevailing rate of wage. + } 3 Declares emergency, effective on passage. Sponsored By:Representative SCHAUFLER (at the request of Oregon State Building and Construction Trades Council, Associated General Contractors, Oregon Opportunity Network) URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2430.a.pdf ContactRespondent Dept Updated Priority Policy Policy No Recommendation Richie Weinman PDD-DEV Richie Weinman 5/13/2009 Pri 1 Yes IV. C Support This bill reflects a compromise between statewide affordable housing advocates and public Comments: housing authorities. It is supported by some unions and opposed by others. The bill passed the house 46-14 on May 8th. HB 2699A Relating to the application of prevailing wage rates; declaring an emergency. Relating Clause: Modifies definition of 'public works.' { - Requires payment of prevailing rate of wage in Title: connection with public works for which funds of public agency are used, including funds received in form of tax credit or tax abatement. - } { - Exempts projects that are privately owned and that use private funds and not more than certain amount of funds of public agency from prevailing wage requirements. - } { + Classifies exemption from ad valorem property taxation as funds of public agency for purpose of imposing prevailing rate of wage. Requires city, county or other sponsor of enterprise zone to notify Commissioner of Bureau of Labor and Industries of any exemption from ad valorem property taxation connected with public works located in sponsor's enterprise zone. Requires sponsor of enterprise zone in which public works is located to pay specified fee. Creates procedures by which multiple public agencies that award contract for public works or multiple sponsors that designate enterprise zone in which public works is located must apportion fees and receive certified statements. + } Declares emergency, effective on passage. Representative HOLVEY Sponsored By: http://www.leg.state.or.us/09reg/measpdf/hb2600.dir/hb2699.a.pdf URL: ContactRespondent Dept Updated Priority Policy Policy No Recommendation Paul Klope PWE 5/13/2009 4 Comments:This bill could have some effect on private-public partnership projects. I defer to Richie Weinman. ContactRespondent Dept Updated Priority Policy Policy No Recommendation Lauren Sommers Attorney 5/18/2009 Pri 2 Yes II. B9 Oppose Agree with Larry Hill's comments re the bill's potential effects on the City. Defer to Larry Comments: Hill's priority recommendation. ContactRespondent Dept Updated Priority Policy Policy No Recommendation Larry Hill Larry Hill CS-FIN 5/18/2009 Pri 2 Yes II. B9 Oppose Comments:The amendments to HB 2699 do not eliminate the negative financial impact it would have on the City of Eugene. The minority report and majority report are not substantially different in this regard. By redefining private investments that receive enterprise zone tax exemption as "public works", the measure would discourage community development efforts by requiring prevailing wages to be paid on strictly private investments within enterprise zones. This would probably discourage private investment by increasing both costs and administrative burden on the private investor and would weaken the city's ability to use an enterprise zone as an incentive to attract and focus private investment dollars to the area of the zone. The measure also would impose higher direct costs on the City because of the greater administrative burden associated with the measure's requirements and higher fees charges to the enterprise zone's sponsors. HB 2857A Relating Clause: Relating to unlawful possession of a firearm. Title:{ - Increases punishment for second and subsequent convictions of unlawful possession of firearms. Punishes by maximum of five years' imprisonment, $125,000 fine, or both. - } { + Directs Oregon Criminal Justice Commission to classify crime of felon in possession of firearm in certain circumstances as specific category crimes of sentencing guidelines grid. + } Sponsored By:COMMITTEE ON JUDICIARY URL:http://www.leg.state.or.us/09reg/measpdf/hb2800.dir/hb2857.a.pdf ContactRespondent Dept Updated Priority Policy Policy No Recommendation EPD-ADM Ellwood Cushman E.Cushman 5/8/2009 Pri 3 No Support 5 No change of position or recommendation. The IGR Committee approved a Priority Comments: 3/support position on the original bill at its 11 March meeting. The A-Engrossed version deals with a more narrow range of conduct than did the original bill. This amended version enhances the sentencing category for a person convicted of being a felon in possession of a firearm if s/he has been previously convicted of a person felony. We support the concept in this bill of an enhanced penalty for this situation. (The original bill dealt instead with the broader statute of unlawful possession of firearms.) HB 2952A Relating to small scale local energy projects. Relating Clause: { - Adds requirement that applicant filing application to obtain loan funds for small scale Title: local energy project include proof that any necessary electrical, plumbing or other permits have been obtained. - } { + Specifies conditions under which certain small scale local energy projects located in heavily polluted areas, and infrastructure related to those projects, meet air quality standards established by Environmental Quality Commission. + } Sponsored By:COMMITTEE ON BUSINESS AND LABOR URL:http://www.leg.state.or.us/09reg/measpdf/hb2900.dir/hb2952.a.pdf ContactRespondent Dept Updated Priority Policy Policy No Recommendation PDD-BPS Ethan Nelson 5/15/2009 Pri 3 Yes VII. A2 Support Comments:Input from LRAPA is: "I believe the air quality issues are addressed satisfactorily in the version of this bill passed by the House. The bill is designed to streamline the review process for small scale renewable energy projects (e.g., capture of methane gas at a landfill for energy generation) while still ensuring a net air quality benefit." Input from DEQ is: "Here is the version that passed the House. It is likely to pass like this with no changes. Bottom line – it will resolve the Dry Creek Landfill issue. It exempts small scale renewable energy projects located in a nonattainment/maintenance area that trigger NSR/PSD from modeling impacts if they get an offset somewhere in the nonattainment/maintenance area. We get can override this if the source will create a major air quality problem (e.g. a biomass combustor in a PM2.5 sensitive area), but if we take no action the modeling isn’t required to demonstrate net air quality benefit." 6 LRAPA supports, DEQ supports, DEQ has been working with Association of Oregon Industries for support. Council should support. ContactRespondent Dept Updated Priority Policy Policy No Recommendation PDD-BPS Mark Whitmill 5/12/2009 I will not comment on this. Rely on Ethan's comments please. Comments: HB 2953A Relating Clause: Relating to bidding requirements for public improvement contracts. Title:Provides that contracting agency may reject bid for public improvement contract if bidder does not demonstrate that bidder is responsible. { - Provides that bidder must demonstrate responsibility by showing that bidder has licenses that businesses and service professionals operating in this state must have in order to undertake work specified in public improvement contract and that bidder is covered by liability and other insurance in amounts required in solicitation documents for public improvement contract. - } { + Specifies manner in which bidder must demonstrate responsibility. + } Sponsored By:COMMITTEE ON BUSINESS AND LABOR URL:http://www.leg.state.or.us/09reg/measpdf/hb2900.dir/hb2953.a.pdf ContactRespondent Dept Updated Priority Policy Policy No Recommendation Lauren Sommers Lauren Sommers Attorney 5/12/2009 Pri 3 Yes VIII.B Support Agree with Mike's comments. Comments: ContactRespondent Dept Updated Priority Policy Policy No Recommendation Mike Penwell Mike Penwell CS-FAC 5/8/2009 Pri 3 Yes VIII.B Support This is primarily a housekeeping bill that clarifies some of the language related to bidding Comments: on public improvement projects and clarifies the process for determining a responsible bidder. This bill will benefit the City on public improvements by raising the bar a bit on what a bidder must do to demonstrate responsibility. 7 ContactRespondent Dept Updated Priority Policy Policy No Recommendation Paul Klope PWE 5/12/2009 Pri 3 Yes VII.B Support This is a housekeeping bill to perform some very minor wordsmithing. The bill has no Comments: impact on the City. HB 2955A Relating to retainage in connection with public improvement contracts. Relating Clause: Permits contracting agency to accept certain instruments from contractor in lieu of moneys Title: held as retainage in connection with public improvement contracts and permits contractor to accept similar instruments from subcontractor. COMMITTEE ON BUSINESS AND LABOR Sponsored By: http://www.leg.state.or.us/09reg/measpdf/hb2900.dir/hb2955.a.pdf URL: ContactRespondent Dept Updated Priority Policy Policy No Recommendation Mike Penwell Mike Penwell CS-FAC 5/11/2009 Pri 3 Yes VIII.B Neutral This amendment removes the two most objectionable instruments in lieu of retainage that were contained in the original bill: Comments: cd's/savings accounts and corporation bonds. It leaves in the addition of G.O. bonds and irrevocable letters of credit which we can probably live with. So unless others reviewing this bill disagree, I think we can change our position from Oppose to Neutral. ContactRespondent Dept Updated Priority Policy Policy No Recommendation Paul Klope PWE 5/12/2009 Pri 3 Yes VIII.B Neutral I agree with Mike Penwell Comments: ContactRespondent Dept Updated Priority Policy Policy No Recommendation Twylia Miller CS-FIN 5/18/2009 Pri 3 Yes VIII.B Neutral Agree with Mike Penwell, with the removal of corporate bonds from the list of acceptable Comments: financial instruments was the key issue - okay with remaining instruments on the list. 8 HB 3177A Relating Clause: Relating to motor vehicle fuel; creating new provisions; and amending ORS 646.913. Title:Provides that mandate to sell gasoline blended with ethanol does not apply to gasoline with octane rating of { - 92 - } { + 91 + } 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.a.pdf ContactRespondent Dept Updated Priority Policy Policy No Recommendation PW-ADM Eric Jones Eric Jones 5/13/2009 Pri 3 Neutral The amendment to HB 3177A is simply to decrease the octane rating exemption from 92 to Comments: 91. As a practical matter, the issue is whether Eugene supports efforts to give drivers an option to using ethanol vs promoting the use of ethanol to reduce greenhouse gas emissions. At 91 octane, more ethanol-free "premium" fuels would be available at the pump. Additional choice at the pump, however, may be contrary to the City's goals to reduce greeenhouse gas emissions. All gasoline dispensed by the City is 87 octane and, therefore, would not be affected by the original bill or the amendment. SB 0744 Relating to urban renewal; prescribing an effective date. Relating Clause: Permits urban renewal plans to include school construction or reconstruction projects and Title: funding for fire apparatus to serve urban renewal areas. Permits certain urban renewal plans to add certain noncontiguous lands to urban renewal areas. Requires urban renewal agencies to categorize tax increment revenues used for school projects within urban renewal plan as school system funds. Takes effect on 91st day following adjournment sine die. Senator MONROE, Representatives SCHAUFLER, J SMITH; Senator MONNES Sponsored By: ANDERSON, Representative SHIELDS URL:http://www.leg.state.or.us/09reg/measpdf/sb0700.dir/sb0744.intro.pdf 9 ContactRespondent Dept Updated Priority Policy Policy No Recommendation Sue Cutsogeorge Sue Cutsogeorge CS-FIN 3/27/2009 Pri 3 Yes II.A3 Oppose This bill contains language from HB2642 (3 oppose) and HB3356 (drop). It also adds some Comments: features that would provide options for funding school construction and fire apparatus, and allow non-continguous land to be added to the urban renewal area, which are neutral to desirable features. If the language in Section 6 re: reporting, Section 7 re: estimates were taken out, then this could be neutral or support. ContactRespondent Dept Updated Priority Policy Policy No Recommendation PDD-DEV Richie Weinman 5/13/2009 Comments:I'll defer to Sue Cutsogeorge - I agree with her SB 0079A Relating to energy use of buildings; declaring an emergency. Relating Clause: { - Directs State Department of Energy to adopt energy efficiency rating system to be Title: implemented for residential and nonresidential buildings by specified dates. - } { - Directs Director of State Department of Energy to convene advisory group to assist in establishing energy performance scores for residential and nonresidential buildings. - } { - Directs Director of Department of Consumer and Business Services to take certain actions to achieve increases in building energy efficiency. Directs director to adopt aspirational code related to building energy efficiency. - } { + Creates Task Force on Energy Performance Scores. Directs task force to submit report to interim committee of Legislative Assembly by October 1, 2010. Sunsets task force on convening of next regular biennial legislative session. Directs Director of the Department of Consumer and Business Services to adopt Reach Code. Specifies that Reach Code is alternative to state building code. Requires Reach Code to provide more energy-efficient construction standards and methods than state building code. Directs director to take certain actions to achieve increases in building energy efficiency. Declares emergency, effective on passage. + } Governor Theodore R. Kulongoski Sponsored By: http://www.leg.state.or.us/09reg/measpdf/sb0001.dir/sb0079.a.pdf URL: ContactRespondent Dept Updated Priority Policy Policy No Recommendation 10 Mark Whitmill PDD-BPS Mark Whitmill 5/12/2009 Pri 2 Yes IV.B Support Comments:I recommend that we support SB 79A, but push for an amendment to add local government representation on the Task Force. Re: Section 1, the Task Force includes owners, lenders, designers, developers, builders and trades, and other stakeholders but is noticeably lacking any representation on the regulatory side. Local governments may have a piece of the administration or regulation of the requirements, as well as many other interests, so municipal representation should be included. I like the concept of a Reach Code and don’t have any problems with the way Section 5 is now written. It’s an optional code, so the Director is only required to consult with the advisory boards, not necessarily get their approval. I think the original concept was that today’s Reach Code would be tomorrow’s code, and that’s not necessarily the case now. In each code cycle the Director and advisory boards will look at the Reach Code and decide which parts should be incorporated into the building code. It would add a bit more complexity to plan review and inspection as we would have to learn and apply another code, but could be done. I think that though it makes the process more cumbersome (gotta love democracy) I think it’s important that the Director obtain the approval of the applicable boards before adopting energy code amendments. I don’t have a problem with Section 9. ContactRespondent Dept Updated Priority Policy Policy No Recommendation PDD-BPS Ethan Nelson 5/14/2009 Pri 2 Yes IV.B Support Comments:Mark and I read these revisions the same way. Support with the strong recommendation that the Task Force include a municipal representative. ContactRespondent Dept Updated Priority Policy Policy No Recommendation Felicity Fahy CS-CMO Comments: SB 0879 Relating Clause: Relating to urban renewal. Title:Requires 50 percent of increment to be added to total assessed value of property within urban renewal area whenever increment equals total assessed value. 11 Sponsored By:COMMITTEE ON FINANCE AND REVENUE URL:http://www.leg.state.or.us/09reg/measpdf/sb0800.dir/sb0879.intro.pdf ContactRespondent Dept Updated Priority Policy Policy No Recommendation Sue Cutsogeorge Sue Cutsogeorge CS-FIN 3/27/2009 Pri 2 Yes II.A3 Oppose This is the same as HB3056, which is priority 2 oppose. This bill would affect the Comments: Downtown district immediately, but the Riverfront district has not yet reached the condition where the bill would kick in. It's unclear how this would work from a practical level. ContactRespondent Dept Updated Priority Policy Policy No Recommendation PDD-DEV Richie Weinman 5/13/2009 Comments:I’ll agree with Sue C. SB 0101A Relating to greenhouse gas; creating new provisions; and amending ORS 469.320. Relating Clause: { - Makes legislative findings regarding global warming and electricity. Requires State Title: Department of Energy to establish greenhouse gas emissions performance standard for generating facilities that produce baseload electricity. - } { - Prohibits electricity provider from entering into long-term financial commitment unless generating facility complies with greenhouse gas emissions performance standard. Prohibits Public Utility Commission from approving long-term financial commitment by electric company unless generating facility complies with greenhouse gas emissions performance standard. Requires State Department of Energy to ensure consumer-owned utility complies with greenhouse gas emissions performance standard. - } { + Establishes greenhouse gas emissions standards that apply to electric companies, electricity service suppliers and consumer-owned utilities. Directs Public Utility Commission to review standard for electric companies and electricity service suppliers. Directs State Department of Energy to review standard for consumer- owned utilities. Specifies that reviews must occur no more than once every three years. Authorizes commission and department, after public notice and hearing, to modify standards. 12 Prohibits electric companies, electricity service suppliers and governing boards of consumer-owned utilities from entering into long-term financial commitment unless baseload electricity acquired under commitment is produced by generating facility that complies with standard. Creates exceptions. Specifies duties of commission, including duty to estimate rate impact of compliance with standard. Requires commission to report estimates to Legislative Assembly prior to November 1 of each even-numbered year. Sunsets estimate and reporting requirements January 2, 2020. + } { - Modifies definition of 'energy facility' for purposes of regulation of energy facilities. - } Modifies circumstances in which site certificate { + for energy facility is + } not required. Sponsored By:Governor Theodore R. Kulongoski for State Department of Energy URL:http://www.leg.state.or.us/09reg/measpdf/sb0100.dir/sb0101.a.pdf ContactRespondent Dept Updated Priority Policy Policy No Recommendation Felicity Fahy Felicity Fahy CS-CMO 5/18/2009 Pri 3 Yes VII. A1 Support This Bill will have little impact on the City of Eugene operations but will aid in the Comments: reduction of greenhouse gas emissions through the development of performance standards for electricity generating facilities. SB 0201A Relating to energy efficiency in low income housing. Relating Clause: Establishes energy efficiency program within Housing and Community Services Title: Department. Specifies purposes { - of program funding - } { + for disbursement of funds to carry out program + }. { - Appropriates moneys to department for 2009-2011 biennium for purposes of carrying out program. - } Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in Sponsored By: conformance with pre-session filing rules, indicating neither advocacy nor opposition on the part of the President. (at the request of Governor Theodore R. Kulongoski for Housing and Community Services Department) URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0201.a.pdf Contact Respondent Dept Updated Priority Policy Policy No Recommendation 13 PDD-BPS Ethan Nelson 5/14/2009 Pri 3 Yes IV.C Support Comments:I agree with Richie’s comments. ContactRespondent Dept Updated Priority Policy Policy No Recommendation Richie Weinman PDD-DEV IV.C Richie Weinman 5/5/2009 Pri 3 Yes Support No reason not to support this. It has no financial impact on us and it supports sustainability. Comments: SB 0269A Relating to relocation of utility facilities. Relating Clause: Prescribes manner in which public body may require utility to relocate facilities { - legally Title: - } located on property constituting { - public - } highway { + right of way + }. { - Provides that public body may require relocation to extent necessary to accommodate public purpose construction projects. Provides that public body may require relocation for benefit of private party, or to allow private party to comply with conditions of approval for private development, only if private party pays costs incurred by utility. - } Allows utility to recover from retail customers total unreimbursed costs of relocation activities required by public body. { + Allows telecommunications utility not subject to rate-of- return regulation to request authorization from Public Utility Commission to recover from customers certain costs incurred during relocation. + } Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in Sponsored By: conformance with pre-session filing rules, indicating neither advocacy nor opposition on the part of the President. (at the request of Senate Interim Committee on Judiciary) http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0269.a.pdf URL: ContactRespondent Dept Updated Priority Policy Policy No Recommendation Pam Berrian Pam Berrian CS-ISD 5/11/2009 Pri 3 Yes IX Monitor Comments:For now, concerns about loal government pre-emption and cost increases are abated; change to Monitor. Thank you - PAM Berrian ContactRespondent Dept Updated Priority Policy Policy No Recommendation Twylia Miller CS-FIN 5/18/2009 Pri 3 Yes IX Monitor Agree with Pam Berrian's comments. Comments: 14 ContactRespondent Dept Updated Priority Policy Policy No Recommendation Paul Klope PWE 5/13/2009 Comments:I agree with Pam Berrian. SB 0570A Relating to commerce in metal property. Relating Clause: Requires scrap metal business to create and maintain certain records of purchase or receipt Title: of metal property or other transactions related to metal property. Prohibits scrap metal business from { - purchasing, receiving or conducting transaction related to - } { + purchasing or receiving + } certain types of metal property. Requires payment for purchase or transaction by check mailed to seller's street address { + no earlier than three days after date of transaction + }. Requires scrap metal business to produce records in response to lawful demand and to segregate, identify and hold metal property reasonably suspected to be lost or stolen. Requires within 10 days determination of whether metal property is lost or stolen. { + Requires Oregon Criminal Justice Commission to adopt rules establishing disproportionate impact as aggravating factor for purposes of court imposing upward departure from presumptive sentence for conviction of theft in first degree or of aggravated theft in first degree. + } Requires consignment or secondhand store that purchases or receives metal property to comply with provisions of Act. Provides immunity to owner of land for injury or damage caused by theft or attempted theft of metal property. { - Specifies civil penalty of not more than $1,000 for first violation of certain provisions of Act and not more than $2,000 for subsequent violations. - } Creates crime of unlawfully altering metal property. Punishes by maximum of one year's imprisonment, $6,250 fine, or both. Creates crime of making false statement on metal property record. Punishes by maximum of one year's imprisonment, $6,250 fine, or both. Creates crime of unlawfully purchasing or receiving metal property. Punishes by maximum of one year's imprisonment, $6,250 fine, or both. Creates crime of unlawfully { - possessing - } { + transporting + } metal property. Punishes by maximum of { - one year's imprisonment, $6,250 fine, - } { + 30 days' imprisonment, $1,250 fine, + } or both. Sponsored By:Senators ATKINSON, BATES, BONAMICI, BOQUIST, BURDICK, CARTER, COURTNEY, DEVLIN, DINGFELDER, FERRIOLI, GEORGE, GIROD, HASS, JOHNSON, KRUSE, METSGER, MONNES ANDERSON, MONROE, MORRISETTE, MORSE, NELSON, PROZANSKI, ROSENBAUM, SCHRADER, STARR, TELFER, VERGER, WALKER, WHITSETT, WINTERS, Representatives BAILEY, BARKER, BARNHART, BARTON, BENTZ, BERGER, BEYER, BOONE, BRUUN, BUCKLEY, CAMERON, CANNON, CLEM, COWAN, DEMBROW, C EDWARDS, D EDWARDS, 15 ESQUIVEL, FREEMAN, GALIZIO, GARRARD, GARRETT, GELSER, GILLIAM, URL:http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0570.a.pdf ContactRespondent Dept Updated Priority Policy Policy No Recommendation EPD-ADM Ellwood Cushman C. Tilby 5/12/2009 Pri 1 Yes V.C12 Support We strongly support this bill, but would recommend that certain items be clarified through Comments: amendment. (In some cases, these issues could be resolved by specific documentation of legislative intent.) * Section 4(1) states that a scrap metal business must provide information requested by a law enforcement agency via a subpoena within 2 days. Section 6(5) requires that "a scrap metal business shall make all records and accounts required to be maintained under this section available to any peace officer on demand." It appears that these two sections may be in conflict, and a resolution may be needed. In any case, we strongly believe that officers need to be able to review records upon demand, at a reasonable time, rather than requiring a subpoena. In order to obtain a subpoena, an officer must have specific information, such as a specific person or item involved. Sometimes, to determine whether metal theft is occurring, officers must look at patterns of sales, in an attempt to determine who may be involved in multiple sales of suspicious items. In many cases, the information would not be specific enough to obtain a subpoena. Thus, we urge that this apparent conflict in these sections be corrected by retaining the language in Section 6(5) of the bill. * Section 2(3)(c) restricts this provision to wire from which insulation has been removed "by burning." Although this is a common method of removing insulation, we would urge that this section be applied to wire from which insulation (and, thus, a greater ability to identify the wire) has been removed by any means, requiring that the person in such a case prove that s/he is entitled to sell the wire. * It should be clarified that Section 2(1) is violated by removal of any wire covering which may aid in identifying the type of wire (by lettering, color, or other means). * It should be clarified that this legislation does not pre-empt local jurisdictions from enacting laws and ordinances which do not conflict with the bill. ContactRespondent Dept Updated Priority Policy Policy No Recommendation PW-ADM 4/30/2009 Eric Jones Eric Jones Comments:Defer to Tom Larsen and Elwood Cushman for analysis of the changes in this version of the metal theft bill. ContactRespondent Dept Updated Priority Policy Policy No Recommendation PWM Tom Larsen Tom Larsen 5/1/2009 Pri 1 Yes V.C12 Support 16 The amended bill makes many small changes to the original, most of which have a positive Comments: impact. Adding wire of the gauges we use for street lights to the list of metals covered and excluding aluminum beverage cans. Other changes like reducing the minimum ae to resell metal from 18 to 16 are more neutral. The only negative changes I find are reducing the period after conviction for several crimes, during which a person is prohibited from selling certain metals and shortening the period in which checks must be sent from 10 days to 3 days. While these changes weaken the bill, they are not so serious as to reduce our support. I would defer to Ellwood for a law enforcement perspective on any changes to the investigation and prosecution aspects of the bill. All the important aspects of the bill remained in place. SB 0634A Relating Clause: Relating to priority of land for inclusion within urban growth boundary; creating new provisions; and amending ORS 197.298. Title:Modifies priority of land for inclusion within urban growth boundary. Sponsored By:Senators TELFER, WALKER; Senators FERRIOLI, KRUSE URL:http://www.leg.state.or.us/09reg/measpdf/sb0600.dir/sb0634.a.pdf ContactRespondent Dept Updated Priority Policy Policy No Recommendation Steve Nystrom PDD-ADM Steve Nystrom 5/12/2009 Pri 3 Yes IV.D5 Neutral Comments:SB 634A modifies the priority ranking of lands to be considered for urban growth boundary expansion by adding a new category, "state in-lieu lands zoned for exclusive farm use". This category would be the fourth highest priority out of five to consider. Given the limited applicability of this change, staff maintain the original recommendation of neutral. It appears this amended version is simply clarifying the original intent of this bill (original wording was somewhat vague). SB 0719A Relating to Urban Growth Boundary Expansion Area Revolving Loan Fund; appropriating Relating Clause: 17 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 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.a.pdf ContactRespondent Dept Updated Priority Policy Policy No Recommendation PDD-ADM Steve Nystrom Steve Nystrom 5/12/2009 Pri 2 Yes II.B10 Support SB 719A is an amended version of a bill creating a revolving loan fund for infrastructure Comments: projects related to UGB expansions. The original bill received a split vote from IGR committee and was referred to City Council. Council voted 5-3 to support this bill. This amended version maintains the same essential provisions, but adds additional detail regarding the administration of the funds. Given Council's recent vote on this bill, staff recommends support of this amended version as well. ContactRespondent Dept Updated Priority Policy Policy No Recommendation Paul Klope PWE 5/4/2009 Comments:I defer to Steve Nystrom. SB 0763A Relating to transferable development credits; declaring an emergency. Relating Clause: { - Authorizes Department of Land Conservation and Development to implement system Title: for buying and selling transferable development credits to encourage landowners to voluntarily protect resource lands. - } { + Authorizes cities, counties, metropolitan service districts and certain state agencies to establish transferable development credit system for purpose of allowing specified persons to transfer developmental interests from one government unit to another. Requires participating governmental units to enter into intergovernmental agreement with each other and, for purpose of administering process, with Department of Land Conservation and Development. Requires department to report 18 on transferable development credit systems to Seventy-seventh Legislative Assembly. Declares emergency, effective on passage. + } Sponsored By:Senator SCHRADER, Representative NOLAN; Senators BATES, DEVLIN, DINGFELDER, HASS, MORRISETTE, Representatives CLEM, GARRETT, GREENLICK, ROBLAN URL:http://www.leg.state.or.us/09reg/measpdf/sb0700.dir/sb0763.a.pdf ContactRespondent Dept Updated Priority Policy Policy No Recommendation Eric Wold Eric Wold PW-POS 5/7/2009 I defer to Steve Nystrom Comments: ContactRespondent Dept Updated Priority Policy Policy No Recommendation Steve Nystrom PDD-ADM Steve Nystrom 5/14/2009 Pri 3 Yes IV.D5 Support Although this is an amended version of the original bill, SB 763A remains similar in Comments: principle. The purpose of the bill is to enhance protection of natural resource areas outside of UGB's by allowing those development rights on high value resource lands to be transferred to other marginal lands outside of UGB's or inside UGB's. Implementation would require affected governments to enter into intergovernmental agreements (ORS 190). This bill establishes enabling legislation, so there is no obligation to implement this provision. While the opportunities for such transfers may be limited between Eugene and Lane County, staff supports the concept in that it provides an additional tool that may assist the city in the future. SB 0894A Relating to transportation workforce development; and declaring an emergency. Relating Clause: Directs Department of Transportation to use { + , up to specified amount, + } one-half of Title: one percent of federal funds department receives { - for on-the-job training - } { + to increase diversity in highway construction workforce and prepare individuals interested in entering highway construction workforce by conducting specified activities + }. { + Directs department to report on funds and activities to Legislative Assembly on or before December 1 of each even-numbered year. 19 Declares emergency, effective on passage. + } Sponsored By:COMMITTEE ON COMMERCE AND WORKFORCE DEVELOPMENT URL:http://www.leg.state.or.us/09reg/measpdf/sb0800.dir/sb0894.a.pdf ContactRespondent Dept Updated Priority Policy Policy No Recommendation PW-ADM Eric Jones Eric Jones 5/12/2009 Pri 3 Support Amendments to SB 984 decrease the amount of funding (from an estimated $2.5 million to Comments: a maximum of $1.8 million) and the purpose of the funding (from "on-the-job training" to "increase diversity in highway construction workforce and prepare individuals interested in entering highway construction workforce by conducting specified activities." To clarify the intent of the amended purpose statement, the following activities are defined: (a) A state oversight board; (b) Preapprenticeship programs; (c) Preemployment counseling; (d) Orientations on the highway construction industry; (e) Basic skills improvement classes; (f) Career counseling; (g) Remedial training; (h) Entry requirements for training programs; (i) Supportive services and assistance with transportation; (j) Child care and other special needs; and (k) Job site mentoring and retention services. These seem like reasonable practices for a major state agency. It is unlikely that Eugene would be affected by the diversion of a relatively small portion of ODOT's annual federal funding. Typically Eugene does not take legislative positions on state agency budgets; however, given the worthy purpose and the relatively small amount of funding, the City might consider a priority 3 support position on SB 894A. SB0915A Relating to the regulation of structures Relating Clause: { - Prohibits municipality that enforces state building code provision or building Title: requirement by means of municipal ordinance from assessing criminal penalty for ordinance violation if violation of corresponding state building code provision or building requirement is subject to civil penalty. Prohibits municipality from imposing civil penalty 20 for ordinance violation that exceeds maximum civil penalty for violation of corresponding state building code provision or building requirement. Requires that fees municipality charges for investigation or other activities regarding alleged violation of ordinance be approved by Director of Department of Consumer and Business Services. - } { - Revises grounds on which director may allow municipality to adopt municipal ordinance, rule or regulation conflicting with state building code. - } { - Requires that rules for uniform enforcement of state building code provide for building official or inspector to give violator notice of penalties and procedural rights when issuing citation. Requires that rules provide appeal process for denial of certificate of occupancy if denial is based on violation of state building code specialty code. - } { - Declares emergency, effective on passage. - } { + Requires municipality that administers building inspection program under state building code to assess violation of program as civil penalty. Requires municipality to provide notice of violation and municipal administrative process before assessing penalty. + } Sponsored By:Senator MORSE URL:http://www.leg.state.or.us/09reg/measpdf/sb0900.dir/sb0915.a.pdf ContactRespondent Dept Updated Priority Policy Policy No Recommendation Mark Whitmill PDD-BPS Mark Whitmill 5/12/2009 Pri 3 Yes IV.B Support With the latest amendments my original concerns regarding SB 915 have been addressed, Comments: and I recommend that we support the bill. ContactRespondent Dept Updated Priority Policy Policy No Recommendation Lauren Sommers Attorney 5/12/2009 Pri 3 Yes IV.B Support Lauren Sommers Comments:Defer to Mark Whitmill on recommendation and impact on the City. Note that the bill may prevent the City from citing someone into municipal court for violation of chapter eight of the city code. The City currently has the authority to cite persons into municipal court for violations of the city code. This bill could impinge on that authority. 21