CITY OF PORTLAND
2019 State Legislative Report
CITY OF PORTLAND COUNCIL
Mayor Ted Wheeler Commissioner Amanda Fritz Commissioner Nick Fish Commissioner Jo Ann Hardesty Commissioner Chloe Eudaly
City Auditor Mary Hull Caballero
Prepared by the Office of Government Relations State Legislative Team
Elizabeth Edwards, Director Dan Eisenbeis, Deputy Director Stacy Cowan, State Government Relations Manager Eric Noll, State Lobbyist Haley Tortorella, Associate Amber Frye, State Relations Assistant
It is the policy of the City of Portland that no person shall be excluded from participation in, denied the benefits of, or be subjected to discrimination in any city program, service, or activity on the grounds of race, color, national origin, disability, or other protected class status. Adhering to Civil Rights Title VI and ADA Title II civil rights laws, the City of Portland ensures meaningful access to City programs, services, and activities by reasonably providing: translation and interpretation, modifications, accommodations, alternative formats, and auxiliary aids and services. To request these services, contact 503-823-4130, City TTY 503-823-6868, Relay Service: 711.
TABLE OF CONTENTS | i
INTRODUCTION ...... 12
BUILDING CODES SB 410 | Recreational Vehicles and Mobile Dwellings ...... 17 SB 771 | Contractor Endorsements for Fire Sprinklers...... 17 SB 898 | Building Officials and Inspectors ...... 17 HB 2306 | Building Permits Upon Substantial Completion of Conditions of Developments ...... 17 HB 2333 | Recreational Vehicle Titling ...... 18 HB 2416 | Tiny Homes Registration ...... 18 HB 2420 | Municipal Building Officials ...... 18 HB 2423 | Small Home Specialty Code ...... 18 HB 2663 | Internal Conversion of Single-Family Dwellings...... 19 HB 2821 | Building Codes for Unreinforced Masonry Structures ...... 19 HB 3078 | Credentialing of Contractors ...... 19 HB 3141 | Building Codes for Electric Vehicle Infrastructure ...... 19 HB 3157 | Low-Rise Residential Dwelling Code ...... 19 HB 3396 | Radon Testing ...... 20 HB 3432 | Construction Defects ...... 20
CANNABIS SB 218 | Cannabis Production Licensing ...... 21 SB 365 | Cannabis-Related System Development Charges and Medical Statute Clarification ...... 21 SB 382 | Medical Cannabis Transfers ...... 21 SB 420 | Expungement of Cannabis-Related Convictions ...... 21 SB 582 | Cross-Jurisdictional Coordination and Enforcement of Cannabis-Related Businesses ...... 22 SB 585 | Responsible Cannabis Retailer Program ...... 22 SB 639 & HB 2233 | Legal Consumption of Cannabis at Lounges and Temporary Events ...... 22 HB 2098 | Cannabis Testing Standards ...... 23 HB 2687 | Medical Cannabis Patients and Anatomical Gifts ...... 23 HB 2909 | Intrastate Delivery of Cannabis Items ...... 23
CIVIL LAW SB 369 | Statute of Limitations Regarding Substantial Completion ...... 24 SB 421 | Benefits Paid to Persons Injured in a Motor Vehicle Accident ...... 24 HB 2110 | Private Civil Action for Trespass ...... 24 HB 2468 | Recreational Immunity ...... 24 HB 3021 | Tort Claims Against Public Bodies Arising Out of Real-Time Traffic Data ...... 25
CLIMATE CHANGE SJM 7 | Green New Deal ...... 26 SB 928 | Creating the Oregon Climate Authority ...... 26 SB 1051 | Offsets for Increases in Fuel Costs ...... 26 HB 2020 | Oregon Climate Action Plan ...... 27 HB 3425 | Mitigating Fuel Costs Due to Carbon Pricing ...... 27
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ECONOMIC DEVELOPMENT SB 34 | Industrial Site Readiness Program ...... 28 SB 459 | Oregon Production Investment Fund ...... 28 HB 2053 | Economic Development Program Compensation Requirements ...... 28 HB 2144 | Opportunity Zone Disconnect from State Tax Code ...... 29 HB 2310 | Prosperity 1,000 Pilot Program ...... 29 HB 2408 | Prevailing Wage Requirement for Enterprise Zones ...... 29 HB 2733 | Tourism Districts ...... 29 HB 2934 | Innovation District Grants ...... 29
EDUCATION SB 52 | Adi’s Act ...... 30 SB 180 | Safe Schools ...... 30 SB 283 | Research on Health Effects of Microwave Radiation in Schools ...... 30 SB 489 | School Cyberbullying ...... 30 SB 584 | Safe Schools to Learn ...... 31
ELECTIONS SB 116 | Special Election Date for HB 3427...... 32 SB 779 | Primary Election Date Change ...... 32 SB 861 | Paid Ballot Return Envelopes ...... 32 SB 1018 | Independent Expenditures Disclosures ...... 32 SJR 18 & HJR 13 | Campaign Finance Constitutional Amendment ...... 32 HB 2234 | Centralized Candidate Filing System for Local Governments ...... 33 HB 2709 | Independent Expenditure Reporting ...... 33 HB 2714 | Limits on Campaign Contributions ...... 33 HB 2716 | Campaign Communication Disclosures ...... 33
EMERGENCY MANAGEMENT SB 41 | Oil Spill Prevention Fees ...... 34 SB 44 | State Board of Geologist Examiners ...... 34 SB 95 | Seismic Vulnerability Assessments for Petroleum Terminals ...... 34 SB 99 & HB 2064 | Safe Transportation of Oil ...... 34 SB 291 | Emergency Conflagration Act ...... 34 SB 651 | Emergency Alert System ...... 35 SB 792 | Oversight of Auto Dismantler Facilities ...... 35 HB 2205 | Emergency Preparedness Equipment ...... 35 HB 2206 | Statewide Program to Evaluate the Condition of Buildings After an Emergency ...... 36 HB 2208 | Statewide Seismic Retrofit Grant Fund ...... 36 HB 2209 | Oil Spill Contingency Plans ...... 36 HB 2522 | Tax Credit for Emergency Preparedness Supplies ...... 36 HB 2535 | Task Force on Disaster Response and Recovery ...... 37 HB 2558 | Task Force on Seismic Event Preparation ...... 37 HB 2565 | County Emergency Management Agencies...... 37 HB 2620 | Emergency Services for City and Rural Districts ...... 37 HB 2730 | Renames Office of Emergency Management ...... 37 HB 2735 | Emergency Resilience Task Force ...... 37
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EMPLOYMENT AND LABOR SB 123 | Pay Equity ...... 39 SB 243 | Employment Discrimination Against Veterans ...... 39 SB 284 | Collection of Employee Biometric Data ...... 39 SB 332 & HB 2886 | Veterans’ Preference in Public Employment ...... 39 SB 379 & HB 2655 | Prohibitions on Use of Cannabis by Employees During Nonworking Hours ...... 40 SB 437 | Arbitration Awards for Reinstatement of Public Employees ...... 40 SB 479 | Public Employer Policies to Prevent Workplace Harassment ...... 40 SB 494 | Employment of Individuals with Disabilities ...... 40 SB 507 & HB 2418 | Compensable Occupational Disease for First Responders ...... 41 SB 726 | Workplace Discrimination and Harassment ...... 41 HB 2005, SB 947, HB 3031 & HB 3385 | Paid Family and Medical Leave ...... 41 HB 2016 | Public Employee Collective Bargaining Act...... 42 HB 2087 | Civil Penalties for Violations of Workers’ Compensation Requirements ...... 42 HB 2269 | Minimum Requirements for Employer Spending on Health Care ...... 43 HB 2341 | Reasonable Accommodation for Pregnancy ...... 43 HB 2489 | Enforceability of Employment Contracts ...... 43 HB 2498 | Determination of Independent Contractor Relationships ...... 43 HB 2589 | Discrimination Based on Sexual Orientation, Gender Identity, and Disability ...... 43 HB 2593 | Expression of Milk in the Workplace ...... 44 HB 2818 | Employment Discrimination ...... 44 HB 3009 | Labor Organization Fees for Police Officers, Sheriffs, and Deputy Sheriffs ...... 44 HB 3022 | Workers' Compensation ...... 44
ENERGY SB 38 | Renewable Energy Certificates ...... 45 SB 68 | Annual Public Utilities and Telecommunications Fee ...... 45 SB 98 | Renewable Natural Gas (RNG) Program for Natural Gas Utilities ...... 45 SB 451 | Eligibility for Renewable Energy Certificates ...... 45 SB 508 | Hydroelectric Energy...... 46 SB 1044 | Zero-Emission Vehicle Use ...... 46 HB 2242 | Differential Energy Burden on Low-Income Consumers ...... 46 HB 2329 | Regulation of Energy Facilities ...... 46 HB 2494 | Public Purpose Charge ...... 47 HB 2496 | 1.5% Green Energy Technology Rules for Public Improvement Contracts ...... 47 HB 2618 | Solar Incentives ...... 47 HB 3062 | Sunset Extension for Fuel Excise Tax Exemption ...... 47 HB 3116 | PropertyFit Technical Fix ...... 48 HB 3274 | Renewable Energy Requirements ...... 48 HB 3407 | Hydroelectric Facilities ...... 48
ENVIRONMENT SB 90 | Single-Use Plastic Straws...... 49 SB 247 | Recyclable Beverage Containers ...... 49 SB 256 | Offshore Drilling Ban ...... 49 SB 276 | Product Stewardship for Mattresses ...... 49 SB 445 | Oregon Invasive Species Council ...... 50 SB 853 | Chlorpyrifos Ban...... 50
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SB 892 | Beverage Containers ...... 50 HB 2007 | Diesel Emissions Standards ...... 50 HB 2063 | Environmental Mitigation Trust Agreement ...... 51 HB 2076 | Watercraft Inspection Station Compliance ...... 51 HB 2250 | Oregon Environmental Protection Act ...... 51 HB 2351 | Willamette River Greenway Regulations ...... 51 HB 2352 | Towed Watersports ...... 52 HB 2436 | Partial Assumption of Federal Water Pollution Control Act Section 404 Permit Process ...... 52 HB 2437 | Notice-Based Removal-Fill Process for Dry Ditch Maintenance ...... 52 HB 2438 | Wetland Mitigation Banking Pilot...... 53 HB 2509 | Statewide Ban on Single-Use Plastic Bags ...... 53 HB 2623 | Prohibition on Hydraulic Fracturing ...... 53 HB 2772 | Product Stewardship Program for Household Hazardous Waste ...... 53 HB 2796 | Development of Needed Housing on Degraded Wetlands ...... 54 HB 2834 & SB 583 | Wildlife Corridor and Safe Road Crossing Action Plan ...... 54 HB 2882 | Genetically Engineered Organisms ...... 54 HB 2883 | Prohibition on Polystyrene ...... 54
GENERAL GOVERNMENT SB 185 | Update to Tobacco Master Settlement Agreement Statute ...... 56 SB 248 | Oregon Liquor Control Commission Fees ...... 56 SB 360 | Laws Governing Nonprofit Corporations ...... 56 SB 380 | Mortgage Electronic Registration System ...... 56 SB 471 | Conflict Minerals State Procurement Policy ...... 56 SB 543 | Children's Special Districts ...... 57 SB 635 | Liquor Licensing Fees ...... 57 SB 684 | Breech of Security Involving Personal Information ...... 57 SB 716 | Cash Payments for Essential Goods and Services ...... 57 SB 933 | Inquiries Issued by Public Bodies About Race or Ethnicity ...... 57 SB 1046 | Age Discrimination in Places of Public Accommodation ...... 58 HB 2459 | Authorization for Lien Holder Information Request ...... 58 HB 3029 | Municipal Public Bank ...... 58 HB 3159 | Nonprofit Corporation Open and Public Meeting Requirements ...... 59 HB 3242 | Sale of State Surplus Property ...... 59 HB 3327 | Independent Science Review Board ...... 59
HEALTH CARE AND BENEFITS SB 139 | Managing Utilization of Health Services ...... 60 SB 242 | Maternity Care for Surrogate ...... 60 SB 587 | Prior Authorization ...... 60 SB 649 | Ingredients in Vaccines ...... 60 HB 2185 | Pharmacy Benefit Managers ...... 60 HB 2693 | Reimbursing the Costs of Telemedicine Health Services ...... 61 HB 2753 | Pharmaceutical Substitutions ...... 61 HB 2754 | Biological Pharmaceutical Substitutions...... 61 HB 2755 | Generic Pharmaceutical Substitutions ...... 61 HB 3063 | Declining Immunizations ...... 61
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HOUSING AND HOMELESSNESS SB 36 | Home and Farm Loans for Veterans ...... 62 SB 114, SB 202 & HB 2237 | Agricultural Workforce Housing Tax Credit Extension ...... 62 SB 197 | Tax Credit for Residents Displaced by Manufactured Home Park Closure ...... 62 SB 262 & HB 2700 | Multiple Unit Limited Tax Exemption (MULTE) Authorization Extension ...... 62 SB 278 | Rent Guarantee Program ...... 62 SB 484 | Limits Residential Tenancy Applicant Screening Charges ...... 63 SB 586 | Manufactured Dwelling Park Mediation Policies; Floating Home Tenancies in Marinas ...... 63 SB 595 | Affordable Workforce Housing Funding from Transient Lodging Tax Revenue ...... 64 SB 608 | Just-Cause Eviction Standard and Rent Stabilization ...... 64 SB 621 | Prohibition on Local Government Regulation of Use of Homes as Vacation Rentals ...... 64 SB 820 | Foreclosure Counseling to Homeowners at Risk of Foreclosure ...... 64 SB 939 | Property Disclosure Statements for Sale of Manufactured Dwellings on Rented Spaces ...... 65 SB 954 | Study of Statutes Related to Mold in Residential Properties Listed for Sale or Rent ...... 65 SB 970 | Residential Screening Charges and Criteria ...... 65 SB 1045 | Home Sharing Property Tax Exemption Authorization ...... 65 HB 2002 | Affordable Housing Preservation ...... 65 HB 2003 | Housing Needs Analyses and Housing Production Strategies ...... 66 HB 2006 | Rental Market Resources ...... 66 HB 2055 | Greater Oregon Housing Accelerator Program ...... 66 HB 2056 | Housing Guarantee Fund ...... 67 HB 2127, HB 2136 & HB 2664 | Tax Treatment of Manufactured Dwelling Parks Transactions ...... 67 HB 2142 | Tax Exemption for Cemetery or Crematory Land Used to Low Income Housing ...... 67 HB 2228 | Local Government Technical Assistance Program for Needed Housing ...... 67 HB 2285 | Residential Property Receivership ...... 68 HB 2312 | Property Seller Flood Risk Disclosure Statement ...... 68 HB 2374 | Tax Credit for Newly Constructed Single-Family Residential Dwellings ...... 68 HB 2461 | Temporary Stay of Eviction for Low-Income Veterans ...... 68 HB 2477 | Purchase of Redemption Rights ...... 69 HB 2485 | Adoption of Restated Declaration and Bylaws for Condominiums ...... 69 HB 2528 | Calculation of Prorated Rent for Residential Tenancies ...... 69 HB 2530 | Housing for Veterans ...... 69 HB 2540 | Repeal of Preemption on Rent Control by Cities ...... 69 HB 2662 | Affordable Housing Preference for Direct Care or Human Service Workers ...... 69 HB 2764 | Criminal History in Applications for Tenancy...... 70 HB 2802 | Homeownership Repair and Rehabilitation Program ...... 70 HB 2811 | Tax Exemption for Sale of Real Property for Affordable Housing ...... 70 HB 2812 | Home Ownership Assistance Program ...... 70 HB 2893 | Advisory Committee on Manufactured Housing ...... 70 HB 2894 | Loans for New Energy Efficient Manufactured Dwellings ...... 71 HB 2895 | Grants for Decommissioning and Disposing of Manufactured Dwellings ...... 71 HB 2896 | Loans to Support Manufactured Dwelling Park Preservation and Affordability ...... 71 HB 2916 | Transitional Housing Accommodations ...... 71 HB 2949 | Manufactured and Mobile Home Property Tax Exemption Cap ...... 72 HB 2982 | Abandoned Residences ...... 72 HB 2997 | Inclusionary Housing Exemption for Continuing Care Residential Communities ...... 72 HB 3094 | Home Weatherization, Retrofit, and Affordability Program ...... 72 HB 3181 | Expungement of Eviction Records ...... 73
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HB 3184 | Study of Residential Vacancy Tax to Fund Affordable Housing ...... 73 HB 3264 | Manufactured Dwelling Park Landlord Disclosures ...... 73 HB 3349 | Mortgage Interest Deduction Reform ...... 73 HB 3359 | Vacation Occupancy Task Force ...... 73
HUMAN SERVICES SB 1 | System of Care Advisory Council ...... 75 SB 159 | Foster Youth Success Centers ...... 75 SB 745 | Independent Living Program ...... 75 HB 2032 | Agency Pilot Programs ...... 75 HB 2245 | Temporary Assistance for Needy Families (TANF) Savings ...... 75 HB 2332 | Governor's Child Foster Care Advisory Commission ...... 76 HB 2508 | Grants to Refugee Assistance Agencies ...... 76 HB 2571 | Tuition Waivers for Foster Children ...... 76 HB 2805 | Oregon Youth Aging Out of Foster Care Task Force ...... 76
INFRASTRUCTURE SB 254 & HB 2323 | Levee Project Subaccount Eligible Grant Recipients ...... 77 SB 431 & HB 2008 | Urban Flood Safety and Water Quality District ...... 77 SB 432 & HB 2324 | Funding for Levee Improvement Projects ...... 77 SB 607 | Baseball Tax Revenues ...... 77 HB 2810 | James Beard Public Market ...... 78
LAND USE SB 8 | Attorney Fees to Prevailing Respondent in Land Use Appeals of Affordable Housing ...... 79 SB 10 | Mandatory Residential Density Allowances Near Transit Service ...... 79 SB 48 | Historic Property Special Assessment ...... 79 SB 92 | Island Annexation Authority and Ramp-Up to Full Taxation Upon Annexation ...... 79 SB 331 | Buildable Lands Inventory Consideration of Income Levels and Gentrification ...... 80 SB 334 | Urban Growth Boundary Expansions for Workforce Housing ...... 80 SB 524 | Washington County Rural Reserves ...... 80 SB 529 | Suspension of Zoning Ordinances and UGB Expansions in ‘Housing-Limited Cities’ ...... 80 SB 534 | Development on Lots Zoned to Allow Single-Family Dwellings ...... 81 SB 569 | Urban Growth Boundary Expansions for Needed Housing ...... 81 SB 570 | Land Use Planning Goals Waiver to Establish and Maintain Supply of Employment Lands ...... 81 SB 927 | Historic Resources Designation and Protection Authority ...... 81 SB 1012 | Marijuana Production Land Use Compatibility Statement Requirements ...... 82 SB 1050 & SB 336 | Removal of 10-Year Limitation on Subsequent Purchasers ...... 82 HB 2001 | Requirement to Allow Middle Housing in Areas Zoned for Single-Family Dwellings ...... 82 HB 2075 | Development Readiness Fund ...... 83 HB 2108 | Consent to Annexation for Extraterritorial Service ...... 83 HB 2322 | Statewide Planning Goal 13 (Energy Conservation) ...... 83 HB 2357 | Standing in Land Use Appeals ...... 83 HB 2434 | Urban and Rural Reserves ...... 84 HB 2577 | Three Year Delay for Annexation of Residential Property ...... 84 HB 2914 | Metro Urban Reserves ...... 84 HB 3017 | Clear and Objective Standards ...... 84 HB 3018 | Allowing Development on Lots Zoned to Allow Single-Family Dwellings ...... 84
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HB 3240 | Child Care Facilities Zoning and Tax Credit ...... 84 HB 3317 | Urban Growth Boundary Expansions ...... 85 HB 3226 | Development Over Interior Lot Lines ...... 85 HB 3272 | Timelines for Land Use Board of Appeals Cases ...... 85
MEMORIALS AND RESOLUTIONS SCR 37 | Resolution to Honor Keanon Lowe ...... 86 SJM 6 | Daylight Saving Time ...... 86 HCR 2 | Commemorating the 150th Anniversary of Lincoln High School ...... 86 HCR 27 | Resolution Commemorating the Portland Thorns ...... 86 HCR 30 | Resolution in Honor of Ricky John Best ...... 87
MENTAL HEALTH AND ADDICTION SB 22 | Behavioral Health Homes in Primary Care Home Program ...... 88 SB 24 | Fitness to Proceed Process ...... 88 SB 133 | Behavioral Health Provider Advertisement and Compensation ...... 88 SB 134 | Best Practices and Standards for Tribal-Based Mental Health and Addiction Prevention ...... 89 SB 140 & HB 2624 | Emergency Department Boarding Pilot Project ...... 89 SB 141 & HB 2621 | Statewide Mental Health Crisis Support Access Line ...... 89 SB 665 & HB 3277 | Opioid Overdose Response in Schools ...... 89 SB 763 | "Dangerous to Self or Others" for Purposes of Civil Commitment ...... 90 SB 910 | Medication Assisted Treatment Siting and Access to Naloxone Kits ...... 90 SB 973 & HB 3281 | Behavioral Health Justice Reinvestment Program ...... 90 HB 2215 & SB 499 | Rights of Persons with Mental Illness Who Are Committed ...... 90 HB 2257 | Improving the Continuum of Care and Access to Quality Treatment ...... 91 HB 2339 | Sobering Facility Grant Program ...... 91 HB 2627 | Peer-Managed Recovery Centers ...... 91 HB 2638 | Alcohol and Drug Policy Commission Membership ...... 91 HB 2667 | OHA Adult Suicide Intervention and Prevention Coordinator ...... 92 HB 2831 & SB 789 | Peer Respite Centers...... 92 HB 2941 | Mental Health Provider Diversity ...... 92 HB 3192 | Tax on Opioid Manufacturers...... 92 HB 3273 | Statewide Prescription Drug Take-Back Program ...... 92 HB 3279 | Payment Parity for Substance Use Disorder Treatment ...... 93
PUBLIC CONTRACTING SB 450 | Compliance with Least-Cost Policy for Public Improvements ...... 94 HB 2094 | Contracting Agency to Consider Whether a Bidder Owes Debt to The State ...... 94 HB 2415 | Administration of Contractor Pay Applications ...... 94 HB 2711 | Minimum Coverage Requirements for a Licensed Construction Contractor ...... 95 HB 2769 | Qualification-Based Selection Process for a Public Contract ...... 95 HB 3426 | Preferences for Vending Facilities on Public Properties ...... 95 HB 3431 | Preferences for Vending Facilities on Public Property ...... 95
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PUBLIC EMPLOYEES RETIREMENT SYSTEM SB 75 | Employer Incentive Fund (EIF) Technical Changes ...... 96 SB 555 | Lump Sum Payment for Individual Account Program (IAP) Distributions ...... 96 SB 705 | Amortization Period Selection for Employer Side Accounts ...... 96 SB 1049 | PERS Reform Package ...... 96 HB 2417 | PERS Death Benefits ...... 97 HB 2838 | Reemployment of Retired Police Officers ...... 97 HB 2861 | IAP Member Investment Choice ...... 97 HB 3123 | Statistically Based Assessment for Pension Obligation Bonds ...... 97
PUBLIC RECORDS HB 2241 | State Court Technology Fee ...... 98 HB 2345 | Public Records Fees ...... 98 HB 2353 | Public Records Penalties ...... 98 HB 2430 | Public Records Advisory Council ...... 98 HB 2431 | Public Records Law Compliance for State Agencies ...... 98
PUBLIC SAFETY SB 7 | Offenses Committed While Under the Influence ...... 99 SB 383 | Officer Accountability ...... 99 SB 423 | Psychological Screening for Law Enforcement...... 99 SB 424 | Mental Health Wellness Policies for Law Enforcement ...... 99 SB 501 | Gun Safety: Permits, Safe Storage, Magazine Limits, and Background Checks ...... 100 SB 577 | Hate Crimes Data ...... 100 SB 597 | Privacy for Victims and Witnesses on Indictment ...... 100 SB 775 | Criminal Records Checks ...... 1011 SB 912 | Conduct Towards Children by School Employees ...... 101 SB 925 | Local Regulation of Firearms ...... 101 SB 978 | Omnibus Gun Safety Bill...... 102 SB 1008 | Juvenile Offender Sentencing Reform ...... 102 HB 2013 | Firearm Prohibition for Domestic Violence ...... 102 HB 2051 | Disclosure of Tip Line Information ...... 102 HB 2204 | Reserve Officer Training Academy ...... 103 HB 2251 | Gun Safety: Age Limit for Purchase, Transfer Restrictions, Limits to Firearm Possession ...... 103 HB 2299 | Attempting to Elude a Police Officer ...... 103 HB 2303 | Pharmacist Dispensation of Pseudoephedrine ...... 103 HB 2327 | Statewide School Safety and Prevention System ...... 103 HB 2328 | Unauthorized Use of a Motor Vehicle ...... 104 HB 2401 | Profiling Data Collection ...... 104 HB 2428 | Crimes of Public Indecency ...... 104 HB 2505 | Secure Storage or Cindy Yuille and Steven Forsyth Act ...... 104 HB 2657 | Violence Prevention Funding ...... 105 HB 2959 | Offensive Littering ...... 105 HB 3117 | Family Abuse Protection Act (FAPA) ...... 105 HB 3201 | Deferred Resolution of Criminal Charges ...... 105 HB 3216 | Unlawfully Summoning a Police Officer ...... 105 HB 3261 | Law Enforcement Interviews of Individuals Under 18 Years of Age ...... 106 HB 3329 | Minimum Age Restriction on Firearm Purchase ...... 106
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HB 3335 | Interfering with Public Transportation ...... 106 HB 3337 | Transit Fare Enforcement ...... 106 HB 3338 | Public University Police Officers ...... 106 HB 3419 | Prohibited Provisions in Plea Agreements...... 106 HB 3435 | Additional Permissible Periods for Fireworks Sales ...... 107
STATE BUDGET SB 5512 | Oregon Housing and Community Services (OHCS) Budget ...... 108 SB 5525 | Oregon Health Authority (OHA) Budget...... 108 HB 2377 | Program Change Bill ...... 108 HB 5002 | Oregon Department of Agriculture (ODA) Budget ...... 109 HB 5005 | General Obligation Bonds ...... 109 HB 5017 | Department of Environmental Quality (DEQ) Budget ...... 109 HB 5026 | Department of Human Services (DHS) Budget ...... 109 HB 5030 | Lottery Bonds ...... 110 HB 5043 | Water Resources Department (WRD) Budget ...... 110 HB 5046 | Portland Harbor Cleanup Funding ...... 110 HB 5048 | Continuing Resolution ...... 110 HB 5050 | Budget Reconciliation ...... 111
TAX AND FINANCE SJR 1 | Property Tax Reform: Fair and Equitable Apportionment ...... 112 SJR 2 & HJR 1 | Property Tax Reform: Changed Property Ratio ...... 112 SJR 21 | Property Tax Reform: Move Measure 50 Provisions from Constitution to Statute ...... 112 SB 79 | Delinquent Debt Collection for Public Entities ...... 112 SB 200 & HB 2134 | Political Contribution Tax Credit Extension ...... 113 SB 212 | HB 3427 Non-Severability ...... 113 SB 213 | Connection to Federal Tax Law ...... 113 SB 523 | Delinquent Tax Debtors ...... 113 SB 929 | Historic Building Rehabilitation Tax Credit and Rebate ...... 114 HJR 2, HJR 3 & HJR 4 | Property Tax Reform Joint Resolutions ...... 114 HB 2052, HB 2132 & SB 199 | Oregon Cultural Trust Tax Credit Sunset Extension ...... 114 HB 2122 | Definition of "Groceries" for the Purpose of Taxation ...... 115 HB 2123, HB 2158, HB 2159 & HB 2169 | Taxation of Tobacco, Inhalant Products, and Cigars ...... 115 HB 2128 & SB 189 | Study of Tax Expenditure Automatic Sunset Provisions ...... 115 HB 2130 & SB 192 | Property Tax Exemption Sunset Dates ...... 115 HB 2141 | Uniform Tax Credit Transfer Procedures ...... 116 HB 2152 | Sunset Dates for Property Tax Expenditure Programs ...... 116 HB 2164 | Omnibus Tax Credit Bill ...... 116 HB 2166 | Local Government Transient Lodging Tax Subpoena Authority ...... 117 HB 2270 | Tobacco Tax Increase ...... 117 HB 2320 | Transfer of Lottery Revenues to Counties ...... 117 HB 2449 | Taxes to Fund Emergency Communications ...... 117 HB 2504 | Budget Limit for the Tax Supervising and Conservation Commission (TSCC) ...... 118 HB 2575 | Brownfield Redevelopment Tax Credit...... 118 HB 2699 & SB 94 | Brownfield Property Tax Exemption Technical Fix ...... 118 HB 3067 | Distribution of Cannabis Revenues to Cities and Counties ...... 119 HB 3068 | Defining the Boundaries of the City of Property Tax Assessment ...... 119
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HB 3096 | Local Cannabis Taxes ...... 119 HB 3134 | Definition of Tourism Promotion for Transient Lodging Tax Revenues ...... 119 HB 3135 | Data-Scraping Software for Data Collection on Short-Term Rentals ...... 120 HB 3136 | Transient Lodging Tax Data Collection by Department of Revenue ...... 120 HB 3137 | Transient Lodging Tax Payment Date Clarification ...... 120 HB 3138 | Eliminate Transient Lodging Tax Exemption for Rentals Under 30 Days ...... 120 HB 3427 | Student Success Act; Modified Corporate Activity Tax ...... 121
TECHNOLOGY HB 2866 | Opt-In Consent from An Individual ...... 122
TRANSPORTATION SB 107 | Exemptions of Illegal Stopping, Standing, or Parking ...... 123 SB 372 | Tower Notice to an Owner and Lienholder of Vehicle ...... 123 SB 413 | Limited-Access Public Highways ...... 123 SB 438 | Parking for Persons with Disabled Parking Permit ...... 123 SB 548 | State Board of Towing...... 124 SB 558 | Lower Speeds on Residential Roads ...... 124 SB 559 | Expansion of Fixed Photo Radar...... 124 SB 560 | Expansion of Photo Radar Authority ...... 124 SB 561 | Reduction of Safe Routes to School Match ...... 124 SB 743 | Added Travel Lanes for I-5 and I-205 ...... 124 SB 746 | Requirements for Driver’s License Renewal ...... 125 SB 810 | Vulnerable Road Users ...... 125 SB 998 | Bicycle Allowances for Not Stopping at Certain Intersections ...... 125 SB 1021 | I-5 Boone Bridge ...... 125 HB 2093 | Electric Vehicle Charging Stations on State-Owned Property ...... 126 HB 2015 | Equal Access to Roads Act ...... 126 HB 2112 | Multnomah County Vehicle Registration Fee for Bridges ...... 126 HB 2314 | Lane-Splitting ...... 126 HB 2326 | Student Transportation Funding ...... 127 HB 2592 | Omnibus Transportation Bill ...... 127 HB 2603 | Train Delay Study ...... 128 HB 2614 | Eliminate Debt-Based Driver's License Suspensions...... 128 HB 2671 | Helmets and E-Scooters ...... 128 HB 2682 | Bicycle Lanes ...... 128 HB 2702 | Local Speed Setting Authority ...... 128 HB 2770 | Autonomous Vehicles ...... 129 HB 2846 | Jurisdictional Transfers Evaluation ...... 129 HB 2881 | OReGo Program Updates ...... 129 HB 2999 | Temporary Parking Permit ...... 129 HB 3001 | Peer to Peer Car Rental Programs ...... 130 HB 3023 | Statewide Preemption of Transportation Network Companies’ Regulations ...... 130 HB 3172 | Towing Vehicles from Private Property ...... 130 HB 3209 | I-205 Funding ...... 130 HB 3379 | Statewide Minimum Standards on Insurance ...... 131 HB 3440 | Redirection of Kicker Revenue for Transportation Purposes ...... 131
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TRIBAL RELATIONS SB 219 | Regional Infrastructure Fund ...... 132 SB 297 | Emergency Commitment in Indian Country ...... 132 SB 312 | Resident Tuition Rates for Native American and Alaska Native Students ...... 132 SB 971 | Oregon Heritage Languages ...... 132 HB 2040 | Traditional Health Workers Commission ...... 133 HB 2625 | Missing and Murdered Indigenous and Alaskan Native Women...... 133 HB 3046 | Tribal Boundaries on Maps ...... 133 HB 3376 | Emergency Preparedness Grant Program for Tribes ...... 133
URBAN RENEWAL HB 2174 & SB 313 | Updates to the Urban Renewal Process ...... 134
UTILITIES AND TELECOMMUNICATIONS SB 69 | Broadband Internet Access for Low-Income Oregonians ...... 135 SB 300 | Universal Service Fund Charge Exemption Repeal ...... 135 SB 417 | Exemption for Telecommunications Providers from Carrier of Last Resort Obligation ...... 135 HB 2173 | Oregon Broadband Office ...... 135 HB 2184 | Expand Universal Service Surcharge and Create Broadband Fund...... 136 HB 2560 | Study Methods to Mitigate Impacts of Technology Towers on Aesthetics ...... 136 HB 2684 & HB 2168 | Gigabit Property Tax Exemption Repeal ...... 136 HB 3061 | Conveyance of Property to Provide Broadband Service ...... 136 HB 3065 | Relevance of Carrier of Last Resort Obligations ...... 136
VETERANS...... 137
WATER AND WASTEWATER SB 27 | Oregon Health Authority Drinking Water Services Program Fee Authority ...... 138 SB 47 | Waterway Access Fund ...... 138 SB 51 | Transfer Authority of Stored Water Rights ...... 138 SB 756 | Funding for Clean Water Loan Program ...... 138 SB 791 | Conjunctive Management of Groundwater and Surface Water ...... 138 SB 884 | Expanded Uses of the Clean Water State Revolving Fund ...... 139 SB 935 | Landscape Contractor Modified License ...... 139 SB 946 | Water Rights Transfer ...... 139 HB 2084 | Place-Based Integrated Water Resources Strategies Program Sunset Extension ...... 139 HB 2085 | High Hazard Dam Safety ...... 140 HB 2331 | Well Construction Enforcement Activities ...... 140 HB 2656 | Activities on Forestland Supplying Drinking Water to a Public Water System ...... 140 HB 2835 | Recreational Use of Certain Waterways ...... 140 HB 2851 | Water Use Reporting ...... 140 HB 2853 | Historic-Use Reservoir Registration ...... 141 HB 2856 | Funding for Groundwater Studies in Priority Basins ...... 141 HB 2944 | Task Force on Oregon Domestic Use Water Supply ...... 141 HB 3132 | Voluntary Stream Restoration ...... 141 HB 3182 | Permitting Onsite Treatment and Reuse of Non-Potable Water ...... 141 HB 3326 & HB 3340 | Harmful Algal Blooms Testing and Monitoring ...... 142 HCR 33 | Comprehensive State Water Vision ...... 142
INDEX ...... A
City of Portland, Oregon 2019 State Legislative Report INTRODUCTION | 12
INTRODUCTION The 2019 session of the 80th Oregon Legislative Assembly convened on January 22nd, 2019 and adjourned sine die on Sunday, June 30th, the constitutional deadline for legislative adjournment. A total of 2,768 bills were introduced this session. Of those, the City of Portland tracked 2,278 bills, 82 percent of the total bills. The City advocated on a wide variety of issues and bills this session, including providing testimony at over 105 public hearings.
The City of Portland enjoyed success on numerous priorities in the 2019 legislative session, while also experiencing some notable disappointments:
AFFORDABLE AND STABLE HOUSING ✔ Just Cause Eviction Standard SB 608 prohibits no-cause evictions after the first twelve months of initial occupancy by a residential tenant. The bill also requires landlords who own more than four units to pay a tenant an amount equal to one month’s rent when evicting them for a landlord-based reason (see p. 64). ✔ Rent Stabilization SB 608 limits rent increases in any 12-month period to no more than seven percent plus inflation. The policy provides exceptions for buildings that are less than 15 years old or when a tenant is being charged reduced rent as part of a federal, state, or local program or subsidy (see p. 64). ✔ MULTE Extension SB 262 extends the statutory authorization for the Multiple Unit Limited Tax Exemption (MULTE) program from January 1, 2022 to January 1, 2032 (see p. 62). ✔ Emergency Housing Account (EHA) and State Homeless Assistance Program (SHAP) SB 5512, the Oregon Housing and Community Services agency budget, allocates $40 million in ongoing funding for EHA and SHAP, as well as an additional $5 million in one-time funding for EHA and $5 million in one-time funding for competitive awards for shelter projects (see p. 108). ✔ Permanent Supportive Housing HB 5005 authorizes $50 million in Article XI-Q General Obligation bonds for the construction of permanent supportive housing (see p. 109). $4.5 million is allocated in the Oregon Health Authority agency budget (SB 5525) to support individuals living in permanent supportive housing (see p. 108).
MENTAL HEALTH AND ADDICTION SERVICES ✔ Mental Health Investment The Oregon Health Authority (OHA) budget (SB 5525) allocates $31.6 million for a behavioral health investment package and $13 million for behavioral health provider rates, above current service level funding (see p. 108). The investment package includes crisis and transition services, school-based mental health consultation and treatment services, and rental assistance to support individuals living in permanent supportive housing. HB 5050 allocates $6 million for community mental health programs (see p. 111), above the funding level approved in the OHA budget, but $9 million below the prior biennial budget. ✔ Access to Treatment HB 2257 improves the continuum of care and access to quality treatment for people experiencing
X Substance Use Disorders (SUD) by declaring SUD a chronic illness, directing the Department of Corrections to study SUD treatment options for people in custody, prohibiting CCOs and public payers of health insurance from requiring prior authorization for medication assisted treatment, and establishes a pilot program to treat pregnant women with SUD (see p. 91). A bill to create payment parity for SUD treatment did not advance (HB 3279) (see p. 93). ✔ Combating the Opioid Crisis SB 910 increases access to medication assisted treatment and access to naloxone kits (see p. 90).
City of Portland, Oregon 2019 State Legislative Report INTRODUCTION | 13
HEALTHY ENVIRONMENT X Capping Carbon Emissions HB 2020 would have established the Oregon Climate Action Program and set the statewide goal of at least a 45 percent reduction in greenhouse gas emissions below 1990 levels by 2035; and at least 80 percent below 1990 levels by 2050. To achieve these goals, the bill would have created a market for allowances to be purchased by covered entities through a state auction or traded in a secondary market (see p. 27). ✔ Reducing Airborne Toxics HB 2007 directs the Department of Environmental Quality to award grants to reduce emissions from diesel engines and phases-in a prohibition on vehicles in Multnomah, Washington and Clackamas Counties with diesel engines that have not been retrofitted (see p. 50).
PUBLIC SAFETY AND ACCOUNTABILITY X Gun Safety SB 978 would have allowed municipalities the ability to regulate or prohibit the possession of firearms in public buildings and adjacent grounds by people with concealed carry licenses. The bill would have also allowed for gun dealers to establish a minimum age to purchase a firearm; established secure storage requirements; made manufacture and possession of undetectable and untraceable firearms a crime; required hospitals to report on firearm injuries; and increased concealed handgun license fees (see p. 102). X Officer Accountability SB 383 would have specified that an arbitration award may not order disciplinary action that differs from the discipline decision of a Chief of Police when the arbitrator agrees the misconduct occurred, and the discipline falls within the parameters of a discipline guide or matrix adopted by the agency (see p. 99).
RESILIENCE X Seismic Retrofit Grant Fund HB 2208 would have created and capitalized an Unreinforced Masonry Seismic Safety Grant Program at Business Oregon to award competitive grants for improving seismic stability of eligible buildings (see p. 36). ✔ School and Emergency Service Building Retrofits HB 5005 authorizes $100 million of Article XI-M General Obligation bonds for seismic retrofit of schools and $20 million of Article XI-N General Obligation bonds for seismic retrofit of emergency service buildings (see p. 109). ✔ Municipal Infrastructure Resilience HB 5030 authorizes $30 million in Lottery Bonds for the Special Public Works Fund for municipal infrastructure projects (see p. 110). LOCAL FUNDING AND AUTHORITY ✔ Protected City authority on franchise fees (HB 3427, p. 121), system development charges (HB 2001, p. 82; HB 2003, p. 66), regulating TNCs (HB 3023, p. 130), regulating vacation rentals (SB 621, p. 64), and the Portland Clean Energy Surcharge (HB 3427, p. 121). X Preemptions enacted on new gross receipts taxes (HB 3427, p. 121), new plastic straw regulations (SB 90, p. 49), plastic bag regulations (HB 2509, p. 53), residential zoning authority (SB 534, p. 81), and vaping and e-cigarette taxes (HB 2270, p. 117). Efforts to expand local authority over speed setting (HB 2702, p. 128) and over local firearm regulation in X public buildings (SB 978, p. 102).
In the 2018 general election, Governor Kate Brown won reelection, defeating Republican challenger Knute Buehler. Democrats gained three seats in the House and one seat in the Senate, resulting in a balance of power of 38 Democrats to 22 Republicans in the House and 18 Democrats to 12 Republicans in the Senate. This gave Democrats a three-fifths “super majority” in both chambers, which is the constitutional margin necessary to pass revenue-raising bills.
City of Portland, Oregon 2019 State Legislative Report INTRODUCTION | 14
The 2019 legislative session began with three new members of the Senate: Shemia Fagan (SD-24, Portland), Jeff Golden (SD-3, Ashland) and Dallas Heard (SD-1, Roseburg), who was appointed in March 2018 to fill the seat resigned by former Senator Jeff Kruse. The House of Representatives welcomed eleven new members: Gary Leif (HD-2, Roseburg), Kim Wallan (HD-6, Medford), Marty Wilde (HD-11, Central Lane and Linn Counties), Shelly Boshart Davis (HD-15, Albany), Courtney Neron (HD-26, Wilsonville, King City, Sherwood), Tiffiny Mitchell (HD-32, Astoria), Rachel Prusak (HD-37, Tualatin, West Linn), Christine Drazan (HD-39, Canby), Anna Williams (HD-52, Hood River), Jack Zika (HD-53, Redmond), and Cheri Helt (HD-54, Bend).
This session also saw the loss of two major figures in Oregon politics. On February 26th, Secretary of State Dennis Richardson passed away following a battle with brain cancer. He was the first Republican to hold a statewide office since 2002 and had served in the House of Representatives from 2003 to 2013, including as Co-Chair of the Joint Ways and Means Committee during the 2011 and 2012 sessions when the House chamber was split 30-30 between parties. Governor Brown appointed Bev Clarno, who was sworn in on March 31st, to fill the remainder of the Secretary of State’s term. Secretary Clarno previously served in the Senate from 2001 to 2003 and as Speaker of the House of Representatives from 1995 to 1997.
On May 29th, Senator Jackie Winters (SD-10, Salem) passed away following a battle with lung cancer. The Senate observed two days of mourning. Senator Winters was the first African-American Republican elected to the Oregon Legislature, where she served for over 20 years, including as Senate Republican Leader during the 2018 session. She was first elected to the House of Representatives in 1998, and to the Senate in 2002. On June 25th, Marion County and Polk County commissioners appointed State Representative Denyc Boles (HD-19, Salem) to the seat previously held by Senator Winters. Senator Boles was officially sworn in on June 28th.
The 2019 session challenged legislative leaders with another projected budget shortfall for continuing service levels. The shortfall was due largely to current service level cost increases for state programs and services exceeding the increased revenue anticipated by the state. Three new co-chairs, two from the Senate and one from the House, were appointed to lead the Joint Ways and Means Committee in developing the 2019-21 biennial budget. Senators Betsy Johnson (SD-16, Scappoose), Elizabeth Steiner- Hayward (SD-17, Portland/Beaverton), and Representative Dan Rayfield (HD-16, Corvallis) led the committee of 21 members.
The state economic and revenue forecasts in February and May helped to partially alleviate the projected budget shortfall. State revenue collections continued to come in above the 2017 close-of-session forecast, and economists continued to project that both the personal income tax kicker and corporate income tax kicker would be triggered for the 2019-21 biennium. These projections increased with each forecast. The May forecast reflected a windfall in revenue collections, with a net increase in General Fund resources of $875.5 million above the March 2019 forecast. The state then had an unexpected ending fund balance for the 2017-19 biennium of over $737 million and total projected budgetary reserves of over $3.5 billion.
Legislators produced a balanced budget by the end of the session, boosted by positive revenue forecasts, the passage of a new commercial activity tax through the Student Success Act (HB 3427, page 121), and the passage of an extension to the health care provider tax. The combined General Fund and Lottery Fund adopted budget for the 2019-21 biennium was an increase of 12.1 percent above the 2017-19 legislatively approved budget.
City of Portland, Oregon 2019 State Legislative Report INTRODUCTION | 15
Lawmakers tackled many significant policy bills in the 2019 session. Tenant protections were a major focal point early in the session, and both chambers passed SB 608 (see page 64), a priority in the City’s 2019 legislative agenda, by the end of February to establish a statewide just-cause eviction standard and rent stabilization policy. Legislators also sought to address housing supply by approving legislation on the final day of the session requiring cities to make allowances for middle housing in areas zoned for single-family dwellings (HB 2001, page 82). Significant housing investments were made by authorizing $50 million in General Obligation bonds for Permanent Supportive Housing (HB 5005, page 109) and an additional $50 million in the Oregon Housing and Community Services budget (SB 5512, page 108) for the Emergency Housing Account, State Homeless Assistance Program, and shelter projects.
Education funding was a hallmark of the 2019 legislative session. The Joint Student Success Committee held meetings throughout the state to identify needs and develop a proposal for raising and allocating $2 billion in new revenue for K-12 education, focused on early childhood education, increasing class time, and increasing mental health and behavioral health services for students, among other spending priorities. HB 3427 (see page 121), the Student Success Act, establishes a modified commercial activity tax to raise $2 billion per biennium and allocates the new revenue for school funding. The bill also includes a provision preempting local jurisdictions from adopting a new tax upon commercial activity or receipts from grocery sales after April 1, 2019.
After passage of HB 3427 by the House, Senate Republicans stopped attending floor sessions on May 7th, when the bill was scheduled for a vote in the Senate, thereby denying the requisite 20-member quorum to conduct chamber business. Governor Brown and Senate leadership eventually reached an agreement to end the walkout by setting aside legislation on gun safety (SB 978, page 102) and vaccines (HB 3063, page 61) for the remainder of session. Senate Republicans returned to the Senate floor on May 13th, when the Senate voted 18-11 to approve the Student Success Act.
Leadership moved to take up Public Employees Retirement System (PERS) reform legislation next. In April, Governor Brown introduced a proposal to address rising costs for schools related to PERS obligations and in May, the Joint Ways and Means Committee approved SB 1049 (see page 96). Both chambers then narrowly approved the bill, which includes provisions to redirect a portion of PERS members’ prospective Individual Account Program contributions to a separate account that reduces the Unfunded Actuarial Liability (UAL), capitalizes the Employer Incentive Fund created in 2018, and extends the amortization period on the UAL from 20 to 22 years.
After passage of tenant protections, education funding, and PERS reform legislation, focus turned squarely to the hotly debated carbon cap and invest legislation. The Joint Committee on Carbon Reduction had been meeting regularly since the beginning of session and travelled around the state to solicit input on HB 2020 (see page 27), which would have established the Oregon Climate Action Plan to cap greenhouse gas emissions at an 80 percent reduction below 1990 levels by 2050. The Committee considered over one hundred amendments to the bill and the Legislature passed SB 1051 to provide offsets for increases in fuel costs that result from pricing carbon (see page 26). On June 17th, the House debated HB 2020 for over six hours before passing the bill 36-24.
On the eve of the Senate vote on HB 2020, the Senate Republicans staged a second walkout from the Capitol on June 20th, denying the necessary quorum for business to be conducted on the Senate floor. In response to the walkout, the Senate moved to compel absent members to return to the chamber or face a daily fine of $500 and Governor Brown directed Oregon State Police to find absent members and return them to the Senate floor. The walkout lasted nine days.
City of Portland, Oregon 2019 State Legislative Report INTRODUCTION | 16
With the constitutional deadline looming on June 30th and well over a hundred bills awaiting floor votes, including many state agency budgets, the walkout ended on June 29th when Senate Republicans returned to Salem. The Senate voted 17-10 to refer HB 2020 to the Senate Rules Committee, where it remained at the close of session. Both chambers then commenced a fervor of voting, with minimal debate or discussion, to push through over 100 budget and policy bills in the final two days of session.
Other notable legislation approved this session includes a paid family and medical leave program (HB 2005, page 41), reducing diesel emissions (HB 2007, page 50), driver licenses for undocumented Oregonians (HB 2015, page 126), a tobacco tax increase referred to voters (HB 2270, page 117), a prescription drug take-back program (HB 3273, page 92), an update to Oregon’s hate-crimes law (SB 577, page 100), juvenile justice reform (SB 1008, page 102), bans on plastic bags (HB 2509, page 53) and plastic straws (SB 90, page 49), paid postage for ballots (SB 861, page 32), $24 million for the Portland Harbor Cleanup Fund, $15 million for levee repair and accreditation (HB 5030, page 110), and authorization for a new urban flood safety and water quality district (SB 431, page 77).
Governor Brown issued a notice of potential veto on one policy bill (HB 2437, page 52) and three budget line-items. Changing direction, the Governor signed HB 2437 and only vetoed two of the three line-items, thereby approving $4 million for costs related to the replacement of the Big Creek Dam in Newport via HB 5050 (see page 111). The two vetoed line-item funding allocations are: a line-item in HB 5050 (see page 111) that would have provided $500,000 to the Association of Oregon Counties to issue grants for plan expansions of cities’ urban growth boundaries in eastern Oregon, and a $5 million transfer from the Oregon Medical Board’s budgetary reserves to the state General Fund in HB 2377 (see page 108).
The Office of Government Relations is thankful to the Mayor, members of City Council, the City Auditor, Council staff, bureau directors, legislative liaisons, and staff for their support and hard work to bolster the City’s legislative advocacy this past session. OGR is proud to represent the City of Portland.
City of Portland, Oregon 2019 State Legislative Report BUILDING CODES | 17
SB 369 | Statute of Limitations Regarding Substantial Completion
See the Civil Law section on page 24.
SB 410 | Recreational Vehicles and Mobile Dwellings
SB 410 eliminates existing Building Codes Division (BCD) regulation of recreational vehicle and recreational structure construction. The bill also expands the exemption from the state building code, plan review, and licensure requirements to include all manufactured structures intended to be delivered to another state and clarifies that the legislation does not divest BCD or a local building inspection program of authority over violations committed prior to January 1, 2020. SB 410 passed both chambers unanimously.
Effective: January 1, 2020 | Chapter 422
SB 771 | Contractor Endorsements for Fire Sprinklers
SB 771 would have required the Construction Contractors Board to establish an endorsement program for construction contractors and employees engaging in work on water-based fire suppression systems. The bill would have also required a contractor or an employee to hold the appropriate type of endorsement prior to performing work on a water-based fire suppression system and required an applicant for endorsement to apply, pass examination, and provide evidence of education, training or experience. The bill received a public hearing in the Senate Business and General Government Committee, but did not advance.
SB 898 | Building Officials and Inspectors
SB 898 would have directed the Building Codes Division (BCD) to make changes to qualification processes for building officials and inspectors. The bill would have also prohibited plan reviewers or inspectors employed by the BCD from providing similar services to for-profit companies and allowed specialized building inspectors to provide services outside of the municipality with whom they contract. SB 898 was referred to the Senate Judiciary Committee, but did not receive a public hearing.
HB 2001 | Requirement to Allow Middle Housing in Areas Zoned for Single-Family Dwellings
See the Land Use section on page 82.
HB 2306 | Building Permits Upon Substantial Completion of Conditions of Developments
HB 2306 stipulates that a city or county may not deny a building permit to a developer of a residential subdivision who has substantially completed conditions of development and obtained a performance bond to secure completion of remaining improvements. The bill specifies that substantial completion means the appropriate public body has inspected, tested and found acceptable water, sewer, stormwater, and fire hydrant systems, as well as curbs and roads necessary for emergency vehicle access. HB 2306 passed both chambers unanimously.
Effective: January 1, 2020 | Chapter 397
City of Portland, Oregon 2019 State Legislative Report BUILDING CODES | 18
HB 2333 | Recreational Vehicle Titling
HB 2333 changes the definitions of “recreational vehicle” and “park model recreational vehicle” in the Oregon Vehicle Code and allows the Oregon Department of Transportation to provide for optional titling, but not registration, of a park model recreational vehicle. The bill also deems that the titled vehicle is not a structure and removes regulation of the construction of recreational vehicles from the Building Codes Division. The bill passed both chambers unanimously.
Effective: January 1, 2020 | Chapter 585
HB 2416 | Tiny Homes Registration
HB 2416 would have required a person applying for Department of Motor Vehicles registration of a small home to attest the small home meets specified mobility conditions. The bill also would have required the Oregon Department of Transportation to revoke the registration if the home no longer meets certain conditions concerning mobility. HB 2416 had a public hearing in the House Business and Labor Committee, but did not advance.
HB 2420 | Municipal Building Officials
HB 2420 would have required a municipality that administers and enforces a building inspection program to employ a municipal building official and a head building inspector. The bill would have allowed the same person to hold both positions and perform services for up to three local governments and authorized municipalities to hire a contractor for enforcement services, subject to supervision by a head building inspector. HB 2420 would have also required that a person performing plan review, building inspections services or building official services for a municipality be considered a public official for the purposes of government ethics statutes. The bill was referred to the Senate Rules Committee but did not advance.
HB 2423 | Small Home Specialty Code
HB 2423 adopts the 2018 International Residential Code, including but not limited to Appendix Q, as the Small Home Specialty Code (SHSC) and prohibits the Director of Department of Consumer and Business Services (DCBS) from amending the SHSC. The bill requires a small home to include a photoelectric smoke alarm and adopts standards for residential fire sprinkler systems. It also permits local building officials to allow increased detection and alarms in lieu of a fire sprinkler system, and to alter, modify, or waive any specialty code requirement when strict adherence to SHSC is impractical or infeasible. HB 2423 passed the House 56-2 and passed the Senate unanimously.
Effective: October 1, 2019 | Chapter 401
City of Portland, Oregon 2019 State Legislative Report BUILDING CODES | 19
HB 2663 | Internal Conversion of Single-Family Dwellings
HB 2663 would have directed the Building Codes Division (BCD) to review and amend state building codes to remove barriers to internal conversions of single-family dwellings into two- to four-unit structures. The bill also would have established a state tax credit for internal conversions. The Bureau of Planning and Sustainability provided testimony in support of the bill, as well as a report commissioned by the bureau, to the House Revenue Committee. HB 2663 did not advance from committee. However, HB 2001, which was passed by both chambers, (see page 82) included a provision that requires BCD to establish standards for municipalities to allow alternate approval of construction for conversion of an existing single-family dwelling into no more than four residential dwelling units.
HB 2821 | Building Codes for Unreinforced Masonry Structures
HB 2821 would have required the Director of the Department of Consumer and Business Services to make structural specialty code requirements for seismic force resistance applicable retroactively to existing unreinforced masonry structures two or more stories above grade. The bill was referred to the House Business and Labor Committee, but did not receive a hearing.
HB 3078 | Credentialing of Contractors
HB 3078 would have required that a building permit show a contractor's Construction Contractors Board (CCB) license number if the contractor is known. The bill would have required an inspector performing a building code inspection to require that a person engaged in regulated building activity present evidence of compliance with applicable licensing, registration or certification requirements. HB 3078 would have also required a municipality to ensure a person issued a permit for work requiring a CCB license is the holder of such a license. The bill was referred to the House Business and Labor Committee but did not advance.
HB 3141 | Building Codes for Electric Vehicle Infrastructure
HB 3141 would have directed the Department of Consumer Business and Services (DCBS) to adopt amendments to the state building code to require newly constructed multifamily residential buildings with three or more units to provide capacity for charging electric vehicles (EVs). It would have also specified code requirements for multifamily residential buildings to provide a 240-volt and 40-amp system suitable for EV charging to at least 20 percent of the vehicle parking spaces in the garage or parking area for each building and authorized a local government to require higher standards that would provide greater capacity for charging EVs. The Bureau of Planning and Sustainability provided testimony in support of the bill. HB 3141 was referred by the House Energy and Environment Committee to the Joint Ways and Means Committee, but did not advance further.
HB 3157 | Low-Rise Residential Dwelling Code
HB 3157 would have directed the Department of Consumer and Business Services to modify the Low-Rise Residential Dwelling Code by December 15, 2020 to require dwellings constructed under the code to include one or more appropriate methods of alternative energy collection or generation. HB 3157 had a public hearing in the House Energy and Environment Committee but did not advance.
City of Portland, Oregon 2019 State Legislative Report BUILDING CODES | 20
HB 3396 | Radon Testing
HB 3396 would have required the Oregon Health Authority (OHA) to adopt standards for testing radon levels in new public buildings and certain new residential buildings. The bill was referred to the House Health Care Committee but did not advance.
HB 3432 | Construction Defects
HB 3432 would have reduced the statute of limitations from 10 years to six years for a homeowner’s association or association of unit owners to bring a tort action for construction defects. HB 3432 also would have required amending state building code to include special inspections to detect construction defects in the exterior waterproofing system of the common property of a homeowner’s association, a residential dwelling in a planned community served by homeowner’s association, or a condominium. HB 3432 had a public hearing in the House Rules Committee but did not advance.
City of Portland, Oregon 2019 State Legislative Report CANNABIS | 21
SB 218 | Cannabis Production Licensing
SB 218 authorizes the Oregon Liquor Control Commission (OLCC) to refuse to issue initial cannabis production licenses based on an assessment of supply and demand for cannabis, determined through agency rulemaking. The bill requires OLCC to process license applications for cannabis production received on or before June 15, 2018 and that have submitted a land use compatibility statement within 21 days of June 17, 2019. SB 218 passed the Senate 18-10, after the vote initially failed, and passed the House 39-18.
Effective: June 17, 2019 | Chapter 419
SB 365 | Cannabis-Related System Development Charges and Medical Statute Clarification
SB 365 prohibits local governments from imposing a system development charge for the increased use of roads that result from the production of cannabis in an exclusive farm use zone. The bill also allows premises used for cannabis production to continue to be used for that purpose, if first licensed prior to a local government prohibition on cannabis production, and specifies the ownership, production, alteration, and licensure conditions. SB 365 also specifies that a person holding a registry identification card for medical use of cannabis who is released prior to a judgment of conviction, subject to a diversion agreement, sentenced to probation, or released on post-prison supervision or parole is subject to the same release, supervision, or diversion conditions related to prescription drugs. SB 365 passed the Senate 25-5 and passed the House 40-19.
Effective: June 7, 2019 | Chapter 292
SB 379 & HB 2655 | Prohibitions on Use of Cannabis by Employees During Nonworking Hours
See the Employment and Labor Section on page 40.
SB 382 | Medical Cannabis Transfers
SB 382 would have removed the 20 pounds per-year limitation on the transfer of usable cannabis from a medical cannabis grower to the recreational cannabis market. SB 382 received a public hearing in the Senate Business and General Government Committee, but did not advance.
SB 420 | Expungement of Cannabis-Related Convictions
SB 420 allows a person to apply to a court to set aside convictions for cannabis possession, delivery, and manufacture if the conduct upon which the conviction was based is no longer a crime and occurred before July 1, 2015. The bill exempts such an applicant from filing fees, providing fingerprints, and undergoing a background check. The bill requires a court to seal the records of the set aside convictions and provide notice to the Department of Corrections and other relevant agencies. SB 420 passed the Senate 25-4 and House 42-15.
Effective: January 1, 2020 | Chapter 459
City of Portland, Oregon 2019 State Legislative Report CANNABIS | 22
SB 582 | Cross-Jurisdictional Coordination and Enforcement of Cannabis-Related Businesses
SB 582 authorizes the Governor to enter into agreements with other states for cross-jurisdictional coordination and enforcement of licensed cannabis-related businesses and cross-jurisdictional delivery of cannabis items. This bill provides authorization for entering into agreements and becomes operative only after federal law allows for interstate transfer of cannabis or the United States Department of Justice issues an opinion or memorandum allowing or tolerating interstate transfer of cannabis between authorized cannabis-related businesses. The Office of Community and Civic Life provided testimony in support of the bill. SB 582 passed the Senate 19-9 and House 43-16.
Effective: January 1, 2020 | Chapter 464
SB 585 | Responsible Cannabis Retailer Program
SB 585 would have directed the Oregon Liquor Control Commission (OLCC) to establish by rule a Responsible Cannabis Retailer Program. The bill would have directed the OLCC to specify positive measures retailers participating in the program must take to avoid sales of cannabis items to minors. SB 585 would have also prohibited the OLCC from suspending, revoking, or denying issuance of a license to participating retailers based on sales of cannabis items to minors by employees if the retailer takes all necessary measures specified by the program. The bill was referred to the Joint Ways and Means Committee by the Senate Business and General Government Committee, but did not advance.
SB 639 & HB 2233 | Legal Consumption of Cannabis at Lounges and Temporary Events
SB 639 and HB 2233 would have authorized the consumption and sale of cannabis items at temporary events and cannabis lounges, subject to regulation by the Oregon Liquor Control Commission (OLCC). The bills would have prohibited temporary events and cannabis lounges in areas zoned exclusively for residential use or within 1,000 feet of a school and prohibited the OLCC from issuing temporary event or cannabis lounge licenses in a city or county that has not adopted an ordinance allowing for temporary events or cannabis lounges. The Office of Community and Civic Life provided testimony in support of the SB 639 and testimony in support of HB 2233. The bills were similar, except that HB 2233 would have authorized smoking cannabis indoors. SB 639 and HB 2233 had public hearings in the Senate Business and General Government Committee and the House Economic Development Committee, respectively, but did not advance.
SB 970 | Residential Screening Charges and Criteria
See the Housing and Homelessness section on page 65.
SB 1012 | Marijuana Production Land Use Compatibility Statement Requirements
See the Land Use section on page 82.
City of Portland, Oregon 2019 State Legislative Report CANNABIS | 23
HB 2098 | Cannabis Testing Standards
HB 2098 establishes a committee to advise the Oregon Liquor Control Commission (OLCC), Oregon Health Authority, and the Oregon Department of Agriculture on standards for testing the potency of cannabis and cannabis items. The bill also allows OLCC to establish pilot programs of three years or less to expand access to medical cannabis for registry identification cardholders and designated primary caregivers. HB 2098 passed the House 49-9 and Senate 27-1.
Effective: Jun 17, 2019 | Chapter 391
HB 2687 | Medical Cannabis Patients and Anatomical Gifts
HB 2687 would have prohibited transplant hospitals and licensed health care professionals from removing an individual from a donor wait list exclusively based on a patient’s medical use of cannabis. HB 2687 had a public hearing in the House Health Care Committee, but did not advance.
HB 2909 | Intrastate Delivery of Cannabis Items
HB 2909 would have allowed a licensed cannabis retailer to deliver cannabis items to consumers, under certain conditions, within the same city or unincorporated area of the county in which the retailer is located, or in an adjacent city or unincorporated area of a county if allowed by ordinance in the adjacent jurisdiction. The bill also would have allowed the governing body of a city or county to adopt an ordinance that allows for the delivery of cannabis items from an adjacent city or county. HB 2909 had two public hearings in the House Economic Development Committee, but did not advance.
HB 3067 | Distribution of Cannabis Revenues to Cities and Counties
See the Tax and Finance section on page 119.
HB 3096 | Local Cannabis Taxes
See the Tax and Finance section on page 119.
City of Portland, Oregon 2019 State Legislative Report C I V I L L A W | 24
SB 369 | Statute of Limitations Regarding Substantial Completion
SB 369 modifies the definition of “substantial completion” for the purposes of the statute of limitations on claims for construction defects to be the earliest of the date when a public body issues a certificate of occupancy, the date when the owner uses or occupies the improvement for its intended purpose, or the date of acceptance by a contractee of construction, alteration, or repair of the improvement to real property when it may be used or occupied for its intended purpose. The bill passed the Senate 22-6 and House 54-4.
Effective: January 1, 2020 | Chapter 327
SB 421 | Benefits Paid to Persons Injured in a Motor Vehicle Accident
SB 421 modifies the process for reimbursement of personal injury protection benefits made by an insurer on behalf of a person. The bill prohibits an insurer from receiving a reimbursement or subrogation of personal injury protection or health benefits provided by the insurer to the person unless the person receives full compensation for the injuries and the reimbursement or subrogation is paid from the amount of the recovery in excess of the amount to fully compensate the person. The bill also creates rebuttable presumptions relating to compensation for injuries. SB 421 passed the Senate 26-2 and passed the House unanimously.
Effective: September 29, 2019 | Chapter 460
HB 2110 | Private Civil Action for Trespass
HB 2110 would have allowed a landowner to prohibit specified activities on private land and recover up to $1,000 from violators. The bill was referred to the House Agriculture and Land Use Committee, but did not receive a public hearing.
HB 2166 | Local Government Transient Lodging Tax Subpoena Authority
See the Tax and Finance section on page 117.
HB 2468 | Recreational Immunity
HB 2468 would have broadened the application of recreational immunity by immunizing a landowner from claims by invitees, guests, permittees, and licensees who use the land for certain recreational, resource, and outdoor purposes. The bill would have specified that the immunity applies “without regard to whether the use is available to the general public.” The bill was referred to the House Judiciary Committee, but did not receive a public hearing.
HB 2882 | Genetically Engineered Organisms
See the Environment section on page 54.
City of Portland, Oregon 2019 State Legislative Report C I V I L L A W | 25
HB 3021 | Tort Claims Against Public Bodies Arising Out of Real-Time Traffic Data
HB 3021 would have provided that a public body and its officers, employees, and agents are immune from liability for “any claim arising out of real-time data related to traffic made available by a public body.” The bill was referred to the House Judiciary Committee, but did not receive a public hearing.
HB 3216 | Unlawfully Summoning a Police Officer
See the Public Safety section on page 105.
HB 3432 | Construction Defects
See the Building Codes section on page 20.
City of Portland, Oregon 2019 State Legislative Report CLIMATE CHANGE | 26
SJM 7 | Green New Deal
SJM 7 urges Congress to enact legislation like the proposed “Green New Deal” to respond to and address climate change. The joint memorial received a public hearing in the Senate Environment and Natural Resources Committee, but did not advance.
SB 928 | Creating the Oregon Climate Authority
SB 928 would have created the Oregon Climate Authority (“Authority”) and Oregon Climate Board and dissolved the Oregon Department of Energy (ODOE). Under the bill, the Authority would have been the central repository and coordinating agency for state actions on climate change risks and impacts, greenhouse gas emissions, mitigation and adaptation to climate change, and energy resources and markets. The Director of the Authority would have been appointed by the Governor, subject to confirmation by the Senate. The Oregon Climate Board would have advised the Director, reported biennially to the Legislature, oversaw transfer of programs to the Authority from other state agencies, and held public hearings. The Authority would have assumed responsibility for ODOE duties, functions, and powers. The Environmental Quality Commission and the Department of Environmental Quality would have transferred responsibility over electricity production and greenhouse gas emissions under ORS 468A.280 to the Authority. The bill would have also required Business Oregon to study the commercial need for small scale local energy project loans. The bill was referred on a party-line vote by the Senate Environment and Natural Resources Committee to the Joint Ways and Means Committee, where it remained at the close of session.
SB 1051 | Offsets for Increases in Fuel Costs
SB 1051 creates offsets for increases in motor vehicle fuel costs resulting from capping carbon emissions under HB 2020 (see below). Funds for the offsets come from the Transportation Decarbonization Investment Account (Account). The first 30 percent of the Account is directed to the Climate Action Reimbursement Fund for refunds to households with adjusted gross incomes at or below 250 percent of the federal poverty guidelines. Next, the Account covers refunds, as necessary, for increased fuel costs incurred as part of farming and forestry activities through the newly created Farm and Forest Climate Action Reimbursement Fund. Remaining funds in the Account will be divided evenly between the Oregon Department of Transportation and transportation grants for local governments. However, absent the passage of HB 2020, there are no increases in fuel costs due to a carbon cap and the funds will not be capitalized.
Effective: September 29, 2019 | Chapter 687
City of Portland, Oregon 2019 State Legislative Report CLIMATE CHANGE | 27
HB 2020 | Oregon Climate Action Plan
HB 2020 would have established the Oregon Climate Action Program (CAP) and set the statewide goal of at least a 45 percent reduction in greenhouse gas (GHG) emissions below 1990 levels by 2035; and at least 80 percent below 1990 levels by 2050. To achieve these goals, the bill would have created a market for allowances to be purchased by covered entities through a state auction or traded in a secondary market. The Climate Policy Office (CPO), which would have overseen the CAP, would have set an allowance budget for 2021 based on a baseline calculation of forecasted emissions attributable to all covered entities. That allowance budget would have been reduced each year by a fixed amount to achieve the GHG reduction goals. Providers of electricity, natural gas, transportation fuels and certain industries (predominantly manufacturing) would have been directly regulated under CAP. The bill specified how allowances would have been provided to the various regulated sectors. Funds generated from the CAP would have been directed to the Climate Investments Fund, Just Transition Fund, Common School Fund and the Transportation Decarbonization Investment Account (for revenues generated from the transportation fuels sector). The Transportation Decarbonization Investment Account would have been split with half of the funds going to the Oregon Department of Transportation and the other half going into a grant fund for eligible transportation projects for cities, counties and metropolitan planning organizations. The bill included expedited review by the Supreme Court to determine whether the auctioning of credits would have been considered a tax or not. Further, the bill directed how funds may have been expended if the auction were to have been determined not to be a tax, including investments in transportation electrification and replacing or retrofitting medium- and heavy-duty diesel engines and nonroad agricultural equipment. Mayor Wheeler provided testimony in support of the bill. HB 2020 passed the House 36-24 after six hours of debate but was referred from the Senate floor to the Senate Rules Committee, where it remained at the close of session.
HB 2322 | Statewide Planning Goal 13 (Energy Conservation)
See the Land Use section on page 83.
HB 3425 | Mitigating Fuel Costs Due to Carbon Pricing
In the event Oregon adopts a cap and trade program, HB 3425 would have created a personal income tax credit that eligible persons could apply for to offset the increase in motor vehicle fuel prices due to pricing carbon. Eligibility would have been based on an adjusted gross income at or below 250 percent of the federal poverty guidelines. The Oregon Department of Transportation would have been responsible for developing a schedule of annual credit amounts for every county of the state based on the median number of miles traveled by eligible residents of a county. Thirty percent of Transportation Decarbonization Investment Account funds would have been directed to fund these credits through the Climate Action Reimbursement Fund. The bill was amended by the Joint Carbon Reduction Committee and moved to the House Revenue Committee, where it remained at the close of session.
City of Portland, Oregon 2019 State Legislative Report ECONOMIC DEVELOPMENT | 28
SB 34 | Industrial Site Readiness Program
The Industrial Site Readiness Program offers partially forgivable loans or reimbursement of project costs to incentivize the market readiness of regionally significant industrial sites in exchange for job creation commitments to job creation. SB 34 would have made three changes to the Industrial Site Readiness Program: 1) reduction of the average annual wage threshold from 150 percent to 130 percent of the county or state average annual wage; 2) allowance for up to 50 percent of site readiness costs to be reimbursed to a qualifying private property owner; and 3) allocation of $5 million to Business Oregon to capitalize the loan portion of the program. A coalition including the City of Portland submitted testimony in support of the bill. The bill had a public hearing the Senate Business and General Government Committee, but did not advance.
SB 459 | Oregon Production Investment Fund
Each year, the State of Oregon auctions up to $14 million in income tax credits to capitalize the Oregon Production Investment Fund, which supports film and video production. SB 459 decreases the reserve bid amount in the auctions from 95 percent to 90 percent of the total amount of the credit and applies to tax years between January 1, 2019 and January 1, 2024. The bill passed the Senate 23-3 and the House unanimously.
Effective: September 29, 2019 | Chapter 370
SB 570 | Land Use Planning Goals Waiver to Establish and Maintain Supply of Employment Lands
See the Land Use section on page 81.
HB 2053 | Economic Development Program Compensation Requirements
HB 2053 makes two changes to the New Industrial Property and the Rural Area programs to: 1) allow a local government and the applicant to agree upon a date for employment and wage verification, and 2) clarify that statutory employment requirements apply only to the property receiving abatement and not the entirety of the employer's business activity within the state. As introduced, HB 2053 would have made changes to the employment and employee compensation provisions for economic development programs, including Enterprise Zones, the Oregon Industrial Site Readiness Program, the Oregon Business Retention and Expansion Program, Long Term Tax Incentives for Rural Enterprise Zones, and the Business Development Income Tax Incentive. The bill as introduced also would have capped business income that is exempt from the corporate excise tax under the Business Development Income Tax Exemption. HB 2053 was amended in the House Revenue Committee to significantly narrow its scope. The bill passed the House and Senate unanimously.
Effective: September 29, 2019 | Chapter 575
City of Portland, Oregon 2019 State Legislative Report ECONOMIC DEVELOPMENT | 29
HB 2144 | Opportunity Zone Disconnect from State Tax Code
Oregon has 86 designated Opportunity Zones, which represents approximately 25 percent of the state’s low-income census tracts. Medium- and long-term investments in Opportunity Zones, through a qualified opportunity fund (QOF), are eligible for deferral of capital gains taxes. HB 2144 would have disconnected the Oregon state tax code from the federal tax code related to tax incentives for investments in Opportunity Zones. Under HB 2144, capital gains investments in QOFs would not have been eligible for these tax benefits in Oregon. The bill had a public hearing in the House Revenue Committee, but remained in committee upon adjournment.
HB 2310 | Prosperity 1,000 Pilot Program
HB 2310 would have created the Prosperity 1,000 Pilot Program. For at least 1,000 low-income job seekers, the program would have provided career coaching, occupational training, and job placement services. To qualify, individuals would have had to reside in areas of concentrated poverty. The bill also would have allocated $5 million to the Department of Human Services for local workforce development boards to implement the program. The bill was referred by the House Economic Development Committee to the Joint Ways and Means Committee, where it remained upon adjournment.
HB 2408 | Prevailing Wage Requirement for Enterprise Zones
HB 2408 would have defined “funds of a public agency” to apply prevailing wage requirements to enterprise zone projects. The House Business and Labor Committee adopted amendments to only apply the requirements to projects over $20 million. HB 2408 passed the House 38-20 and had two public hearings in the Senate Workforce Committee, but did not advance further. Portland City Council provided testimony in the Senate opposing the bill.
HB 2575 | Brownfield Redevelopment Tax Credit
See the Tax and Finance section on page 118.
HB 2699 & SB 94 | Brownfield Property Tax Exemption Technical Fix
See the Tax and Finance section on page 118.
HB 2733 | Tourism Districts
HB 2733 would have directed the Oregon Tourism Commission to identify, designate, and monitor tourism districts by geographical region based on criteria developed by the Commission. The bill received a public hearing in the House Economic Development Committee but did not advance.
HB 2934 | Innovation District Grants
HB 2934 would have allocated $2 million to Business Oregon to administer grants to local innovation districts, including the Portland Innovation Quadrant. The bill also specified criteria for innovation districts to qualify for grants. Portland Innovation Quadrant partners, including the City of Portland, provided testimony in support of HB 2934. The bill received a public hearing in the House Economic Development Committee, but did not advance.
City of Portland, Oregon 2019 State Legislative Report EDUCATION | 30
SB 52 | Adi’s Act
SB 52 directs school districts to adopt a policy requiring a comprehensive district plan on student suicide prevention. The bill requires coordination with the State Board of Education and the Oregon Health Authority, and specifies requirements for district plans. The bill passed the Senate and House unanimously.
Effective: May 24, 2019 | Chapter 172
SB 159 | Foster Youth Success Centers
See the Human Services section on page 75.
SB 180 | Safe Schools
SB 180 would have directed the Department of Education to award grants to school districts for bullying prevention and youth empowerment programs. The bill also would have required school districts to partner with a community-based organization. The bill was referred by the Senate Education Committee to the Joint Ways and Means Committee, where it remained upon adjournment.
SB 283 | Research on Health Effects of Microwave Radiation in Schools
SB 283 requires the Oregon Health Authority (OHA) to review scientific studies on the health effect of exposure to microwave radiation. OHA is directed to conduct the research related to schools or similar environments and report the research results to the Legislature by January 2, 2021. The bill also directs the Oregon Department of Education to develop recommended practices and alternative technologies to reduce the exposure of students to microwave radiation. The bill passed the Senate unanimously and the House 50-8.
Effective: August 9, 2019 | Chapter 677
SB 312 | Resident Tuition Rates for Native American and Alaska Native Students
See the Tribal Relations section on page 132.
SB 489 | School Cyberbullying
SB 489 would have encouraged school districts to enter into agreements with law enforcement and social media providers to share online content to help school districts response to cyberbullying and would have directed the Department of Education to identify best practices. The bill passed the Senate Education Committee and was referred to the Senate Judiciary Committee, but did not advance.
City of Portland, Oregon 2019 State Legislative Report EDUCATION | 31
SB 584 | Safe Schools to Learn
SB 584 would have directed the Oregon Department of Education (ODE) to establish and maintain the Statewide School Safety and Prevention System and required the System be supported by school safety and prevention specialists. SB 584 would have directed the State Board of Education, in consultation with stakeholders, to adopt rules to implement the system. SB 584 was referred by the Senate Education Committee to the Joint Student Success Committee, where it remained upon adjournment.
SB 665 & HB 3277 | Opioid Overdose Response in Schools
See the Mental Health and Addiction section on page 89.
SB 912 | Conduct Towards Children by School Employees
See the Public Safety section on page 101.
HB 2326 | Student Transportation Funding
See the Transportation section on page 127.
HB 2327 | Statewide School Safety and Prevention System
See the Public Safety section on page 103.
HB 2571 | Tuition Waivers for Foster Children
See the Human Services section on page 76.
HB 2941 | Mental Health Provider Diversity
See the Mental Health and Addiction section on page 92.
HB 3338 | Public University Police Officers
See the Public Safety section on page 106.
HB 3427 | Student Success Act; Modified Corporate Activity Tax
See the Tax and Finance section on page 121.
City of Portland, Oregon 2019 State Legislative Report ELECTIONS | 32
SB 116 | Special Election Date for HB 3427
SB 116 creates a legislative committee to prepare ballot titles and explanatory statements for 2019 measures that are referred to the ballot and provides for expedited Supreme Court review of challenges to ballot titles and explanatory statements prepared by the committee. SB 116 specifies that any provisions of HB 3427 that are referred to the ballot shall be submitted for voter approval or rejection at a special election held on January 21, 2020. SB 116 passed the Senate 17-9 and House 34-18.
Effective: August 9, 2019 | Chapter 674
SB 779 | Primary Election Date Change
SB 779 would have changed the date of certain elections, including the primary election, from the third Tuesday in May to the first Tuesday in March. The bill received a public hearing in the Senate Rules Committee, but did not advance.
SB 861 | Paid Ballot Return Envelopes
SB 861 requires the state to pay for ballot return envelopes that may be returned via business reply mail. Additionally, the Secretary of State may require an alternative method other than business reply mail if the Secretary determines that an alternative method is more cost effective. The bill applies to elections on or after January 1, 2020. SB 861 passed the Senate 18-9 and passed the House 38-17.
Effective: January 1, 2020 | Chapter 638
SB 1018 | Independent Expenditures Disclosures
SB 1018 would have required certain independent expenditures with respect to candidates, to state: "This message was paid for and produced without the coordination or prior consent of any candidate in the election for this position." The bill was referred by the Senate Campaign Finance Committee to the Senate Rules Committee, but did not advance further.
SJR 18 & HJR 13 | Campaign Finance Constitutional Amendment
SJR 18 refers to voters an amendment to the Oregon Constitution to authorize the adoption of state and local laws that require campaign finance-related disclosures or that limit, to the extent permitted under the federal constitution, political contributions and expenditures. The amendment applies to laws enacted or approved on or after January 1, 2016 and will be submitted to the November 2020 general election ballot. SJR 18 passed the Senate 22-5 and House 43-11. A similar joint resolution, HJR 13 had a public hearing in the House Rules Committee, but did not advance in lieu of the adoption of SJR 18.
Filed with the Oregon Secretary of State on July 3, 2019
City of Portland, Oregon 2019 State Legislative Report ELECTIONS | 33
HB 2234 | Centralized Candidate Filing System for Local Governments
HB 2234 would have directed the Oregon Secretary of State to create a centralized candidate filing system for counties, cities, and districts that choose to allow candidates to use the system. The bill received a public hearing in the House Rules Committee, but did not advance.
HB 2709 | Independent Expenditure Reporting
HB 2709 would have modified the definition of an "independent expenditure" for purposes of campaign finance reporting statutes and reduced the expenditure amount that requires reporting and the period within which an expenditure must be reported. The bill would have also authorized the Oregon Secretary of State to impose a civil penalty for incorrectly identifying an expenditure as independent. HB 2709 had a public hearing in the House Rules Committee, but did not advance.
HB 2714 | Limits on Campaign Contributions
HB 2714 would have enacted limits on campaign contributions that may be accepted by candidates and political committees. It also would have required a political committee to identify as a caucus, measure, multicandidate, political party, recall, or small donor political committee. The bill would have prohibited an individual from controlling more than one of each committee and defined contribution limits that may be accepted by committees and candidates, including limits on contributions from membership organizations. HB 2714 passed the House 35-23, but did not advance further.
HB 2716 | Campaign Communication Disclosures
HB 2716 requires communication in support of or opposition to a candidate to state the name of the person who paid for the communication and requires the inclusion of donor information in specified circumstances. The bill also allows digital communication to include a link to an active website. HB 2716 passed the House 44-10 and Senate 24-3.
Effective: January 1, 2020 | Chapter 636
City of Portland, Oregon 2019 State Legislative Report EMERGENCY MANAGEMENT | 34
SB 41 | Oil Spill Prevention Fees
SB 41 requires the Department of Environmental Quality to increase oil spill prevention fees on ships as well as offshore and onshore facilities to recover the costs of reviewing the plans and conducting inspections, exercises, and trainings required by existing statute. The bill passed the Senate 18-10 and House 41-17.
Effective: September 29, 2019 | Chapter 540
SB 44 | State Board of Geologist Examiners
Current law requires the Oregon State Board of Geologists Examiners (Board) to appoint an administrator who is responsible for administering and enforcing the standards established in statute and adopted by the Board. SB 44 authorizes the Board to enter into an interagency agreement with another state agency to share an administrator, codifying current practice. The bill also allows the Board to create committees to establish qualifications and scope of practice for specialty certifications. SB 44 passed the Senate 22-7 and House 46-13.
Effective: January 1, 2020 | Chapter 277
SB 95 | Seismic Vulnerability Assessments for Petroleum Terminals
SB 95 would have required owners and operators of bulk petroleum terminals to conduct and submit to the Department of Environmental Quality (DEQ) seismic vulnerability assessments. The bill would have also prohibited a person from operating a bulk petroleum terminal without a seismic risk mitigation plan that was properly implemented and approved by DEQ. The bill was referred to the Senate Environment and Natural Resources Committee but did not receive a hearing.
SB 99 & HB 2064 | Safe Transportation of Oil
SB 99 and HB 2064 would have directed the Environmental Quality Commission to adopt rules applying certain oil spill prevention and emergency response planning requirements to high hazard train routes in this state. The bills would have defined “high hazard train route” and “listed sensitive area” for the purposes of contingency plans. Additionally, SB 99 and HB 2064 would have required railroads that own or operate high hazard train routes to annually submit financial responsibility statements. The bills were referred to the Senate Environment and Natural Resources Committee and House Energy and Environment Committee, respectively, but neither bill received a public hearing.
SB 291 | Emergency Conflagration Act
The Oregon Emergency Conflagration Act allows the Governor to assign any fire fighting force and equipment to any portion of the state in response to fire, a heightened danger of fire, or a significant reduction in available firefighting resources. SB 291 would have allowed the governing body of a county, city, or district to authorize persons to request additional firefighting resources from the Governor in response to a fire and prohibited the refusal or limitation of response by the Governor under the Act based on the lack or scarcity of structures in the vicinity of a fire. SB 291 was referred by the Senate Business and General Government Committee without recommendation to the Senate Environment and Natural Resources Committee, but did not advance further.
City of Portland, Oregon 2019 State Legislative Report EMERGENCY MANAGEMENT | 35
SB 651 | Emergency Alert System
SB 651 would have allocated $1.6 million to the Oregon Military Department (OMD) for distribution to counties to obtain analog encoders to enable broadcasters to receive information in emergencies. The bill would have also allocated $300,000 to OMD for Oregon Public Broadcasting (OPB) to maintain parts of OPB’s signal distribution system. SB 651 was referred by the Senate Veterans and Emergency Preparedness Committee to the Joint Ways and Means Committee, where it remained upon adjournment.
SB 792 | Oversight of Auto Dismantler Facilities
SB 792 authorizes the Oregon Department of Transportation (ODOT) to conduct annual inspections of any business issued an “auto dismantler certificate” to determine compliance with specified laws and rules. The bill also directs ODOT to submit a report to the Department of Environmental Quality (DEQ) if ODOT determines any of the following items are on the business premises: presence of more than 100 piled waste tires, a metal shredder, any open or unlabeled containers of automotive fluids, or an underground injection control. The Portland Bureau of Emergency Management testified in support of the bill. SB 792 passed the Senate 23-4 and House 37-18.
Effective: January 1, 2020 | Chapter 630
SB 929 | Historic Building Rehabilitation Tax Credit and Rebate
See the Tax and Finance section on page 114.
HB 2085 | High Hazard Dam Safety
See the Water and Wastewater section on page 140.
HB 2130 & SB 192 | Property Tax Exemption Sunset Dates
See the Tax and Finance section on page 115.
HB 2205 | Emergency Preparedness Equipment
HB 2205 would have authorized $15 million in Article XI-Q bond proceeds for the Aviation Resiliency Fund and would have directed the State Aviation Board to develop a list of emergency preparedness equipment needed throughout the state to respond to local and regional emergencies. The bill would have directed the Department of Aviation to develop and administer a grant program to distribute the preparedness equipment or funds to purchase equipment. HB 2205 passed out of the House Veterans and Emergency Preparedness Committee to the Joint Ways and Means Committee but did not advance further.
City of Portland, Oregon 2019 State Legislative Report EMERGENCY MANAGEMENT | 36
HB 2206 | Statewide Program to Evaluate the Condition of Buildings After an Emergency
HB 2206 directs the Office of State Fire Marshal to administer a statewide program to evaluate the condition of buildings after an emergency and determine which buildings may be safely occupied. HB 2206 passed the House and Senate unanimously.
Effective: January 1, 2020 | Chapter 649
HB 2208 | Statewide Seismic Retrofit Grant Fund
HB 2208, a City of Portland priority bill, would have directed Business Oregon to administer an Unreinforced Masonry Seismic Safety Program to award competitive annual grants for seismic retrofit of unreinforced masonry, unreinforced concrete, and other seismically dangerous buildings. The bill would have capitalized the program with $20 million in lottery bond proceeds. It would have limited annual grants for each eligible property to the lesser of 35 percent of total eligible costs or $1.5 million and directed Business Oregon to reserve at least 25 percent of grant funds for buildings outside the Portland metropolitan urban growth boundary. Portland City Council submitted a letter in support of the bill and the Portland Bureau of Emergency Management testified in support. HB 2208 passed out of the House Veterans and Emergency Preparedness Committee and was referred to the Joint Ways and Means Committee, but did not advance further.
HB 2209 | Oil Spill Contingency Plans
HB 2209 requires railroads that own or operate high hazard train routes to institute oil spill contingency plans and to have those plans reviewed and approved by the Department of Environmental Quality (DEQ). The bill also outlines a triennial schedule for training for response to high hazard oil train spills and sets forth additional requirements for a plan adopted by the Oregon State Fire Marshal for coordinated response to oil or hazardous material spills or releases that occur during rail transport. HB 2209 passed the House 56-3 and Senate 26-1.
Effective: January 1, 2020 | Chapter 581
HB 2449 | Taxes to Fund Emergency Communications
See the Tax and Finance section on page 117.
HB 2522 | Tax Credit for Emergency Preparedness Supplies
HB 2522 would have created an income tax credit for the purchase of emergency preparedness supplies recommended for natural disaster preparation by the Federal Emergency Management Agency. The bill would have established a credit amount cap of $100 on the emergency preparedness supplies in a tax year and allowed unused credit amounts to be carried forward for up to three tax years. The bill had a public hearing in the House Revenue Committee, but remained in committee upon adjournment.
City of Portland, Oregon 2019 State Legislative Report EMERGENCY MANAGEMENT | 37
HB 2535 | Task Force on Disaster Response and Recovery
HB 2535 would have created the Task Force on Disaster Response and Recovery and directed the Task Force to study and recommend legislation to develop a program of upgrades to critical infrastructure to increase disaster resiliency. The bill had a public hearing in the House Veterans and Emergency Preparedness Committee, but did not advance.
HB 2558 | Task Force on Seismic Event Preparation
HB 2558 would have created the Task Force on Seismic Event Preparation to study the impacts of a major seismic event on children and directed the Department of Education to provide staff support for the Task Force. HB 2558 passed out of the House Committee on Veterans and Emergency Preparedness to the Joint Ways and Means Committee, but did not advance further.
HB 2565 | County Emergency Management Agencies
HB 2565 would have directed the Oregon Military Department to issue grants to counties for hiring emergency management personnel. The bill passed out of the House Veterans and Emergency Preparedness Committee to the Joint Ways and Means Committee, but did not advance further.
HB 2620 | Emergency Services for City and Rural Districts
HB 2620 would have authorized cities and rural fire protection districts to adopt plans to provide ambulance and emergency care services. The bill was referred to the House Veterans and Emergency Preparedness Committee, but did not receive a hearing.
HB 2730 | Renames Office of Emergency Management
HB 2730 would have reestablished the Office of Emergency Management as a state agency independent from the Oregon Military Department named the Oregon Department of Emergency Management. The bill received a public hearing in the House Veterans and Emergency Preparedness Committee, but did not advance.
HB 2735 | Emergency Resilience Task Force
HB 2735 would have created the Task Force on Disaster Response and Recovery to identify locations to serve as rally points, staging areas, and recovery spaces after a natural disaster. The bill would have also designated the Office of Emergency Management as staff support for the Task Force and directed the Task Force to report to the Legislative Assembly by September 15, 2020. HB 2735 passed out of the House Veterans and Emergency Preparedness Committee to the Joint Ways and Means Committee, but did not advance further.
HB 2821 | Building Codes for Unreinforced Masonry Structures
See the Building Codes section on page 19.
City of Portland, Oregon 2019 State Legislative Report EMERGENCY MANAGEMENT | 38
HB 3116 | PropertyFit Technical Fix
See the Energy section on page 48.
HB 3376 | Emergency Preparedness Grant Program for Tribes
See the Tribal Relations section on page 133.
HB 5005 | General Obligation Bonds: Seismic Retrofits of Schools, Emergency Service Buildings
See the State Budget section on page 109.
HB 5017 | Department of Environmental Quality (DEQ) Budget
See the State Budget section on page 109.
HB 5030 | Lottery Bonds: Seismic Retrofit Grant Fund
See the State Budget section on page 110.
HB 5050 | Budget Reconciliation: Critical Energy Infrastructure Hub
See the State Budget section on page 111.
City of Portland, Oregon 2019 State Legislative Report EMPLOYMENT AND LABOR | 39
SB 123 | Pay Equity
The 2017 Equal Pay Act (HB 2005, 2017) expanded existing equal pay laws based on sex to make it an unlawful employment practice to discriminate between employees or applicants in the payment of compensation based on race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability, or age. SB 123 amends the Act by modifying the standard applicable to award compensatory and punitive damages. The bill also prohibits the use of an employer's implementation of equal pay analysis as admission of liability and describes the circumstances under which an employer may pay compensation to an employee who is performing modified work as a result of a medical condition. The 2017 Act did not address employment agencies. SB 123 extends the prohibition on using or acquiring salary history to employment agencies in the same manner as employers and prospective employers. SB 123 passed the Senate and House unanimously.
Effective: January 1, 2020 | Chapter 617
SB 243 | Employment Discrimination Against Veterans
SB 243 would have required the Oregon Department of Veterans' Affairs (ODVA) to produce written findings and recommendations regarding training for public bodies to reduce stigma toward veterans and increase understanding of veterans' employment protections. The bill also would have required ODVA to survey state agencies, other public bodies, and veterans to inform the findings. SB 243 passed out of the Senate Workforce Committee to the Joint Ways and Means Committee, but did not advance further.
SB 284 | Collection of Employee Biometric Data
SB 284 would have made it an unlawful employment practice for an employer to collect information that could be used to identify employees through measurements of their biologic characteristics, such as retina scans and voiceprints. The bill also would have required by the Bureau of Labor and Industries to develop rules regarding the sharing, retention, and storage of any such information already collected. The bill passed out of the Senate Workforce Committee and was referred to the Senate Judiciary Committee by prior reference, but did not advance further.
SB 332 & HB 2886 | Veterans’ Preference in Public Employment
SB 332 and HB 2886 would have modified the law regarding preferences in civil service hiring and promotion for veterans and disabled veterans and required the veteran to provide evidence of preference eligibility at the time of application. The bills would have also clarified that the preference be applied at each stage of the application process and established a process for scoring and ranking applicants and applying preferences for initial screenings and for examinations. SB 332 passed the Senate unanimously and was referred by the House Business and Labor Committee to the Joint Ways and Means Committee, where it remained upon adjournment. HB 2886 passed the House Business and Labor Committee, then was referred from the House floor to the House Rules Committee, where it remained upon adjournment.
City of Portland, Oregon 2019 State Legislative Report EMPLOYMENT AND LABOR | 40
SB 379 & HB 2655 | Prohibitions on Use of Cannabis by Employees During Nonworking Hours
SB 379 and HB 2655 would have established an unlawful employment practice for an employer to prohibit an employee or potential employee from using a substance that is legal in Oregon during nonworking hours. The bills would have provided an exemption if the restriction was related to: a bona fide occupational qualification related to health and safety, the performance of work while impaired, a collective bargaining agreement, required federal law or rule, or certain employees in the health, public safety, or public transportation fields. SB 379 passed the Senate Judiciary Committee, was referred back to the Senate Judiciary Committee by the Senate President and did not advance further. HB 2655 had a public hearing in the House Business and Labor Committee, but did not advance.
SB 437 | Arbitration Awards for Reinstatement of Public Employees
SB 437 would have modified the provisions relating to an arbitration award that orders the reinstatement of a public employee or otherwise relieves a public employee of responsibility for misconduct. SB 437 had a public hearing in the Senate Judiciary Committee, but did not advance.
SB 479 | Public Employer Policies to Prevent Workplace Harassment
SB 479 requires public employers to establish and adopt a written policy that seeks to prevent workplace harassment. The bill requires the policy to include a statement prohibiting workplace harassment, information explaining a victim's rights through an internal process, the Bureau of Labor and Industries (BOLI) process, or other available laws. The policy must also include a timeline under which relief must be sought, available remedies, and the advance notice that is required under Oregon statute. SB 479 passed the Senate 22-7 and House 52-3.
Effective: September 29, 2019 | Chapter 463
SB 494 | Employment of Individuals with Disabilities
SB 494 requires employers authorized to pay subminimum wage to individuals with disabilities to annually increase the rate until reaching the state minimum wage rate by July 1, 2023. The bill also lowers the minimum percentage of direct labor performed by individuals with disabilities required for a qualified nonprofit agency receiving government contracting preference from not less than 75 percent to not less than 60 percent by July 1, 2021. SB 494 passed the Senate 20-10 and House 46-10.
Effective: September 29, 2019 | Chapter 371
City of Portland, Oregon 2019 State Legislative Report EMPLOYMENT AND LABOR | 41
SB 507 & HB 2418 | Compensable Occupational Disease for First Responders
SB 507 creates a presumption that death, disability, or impairment of health is compensable under the workers' compensation system as occupational disease, following diagnosis from a psychiatrist or psychologist. The bill, which applies to specified public safety officers who have been employed for at least five years or who experience a single traumatic event, requires an employer to rebut the presumption by clear and convincing evidence. SB 507 applies to claims filed on or after September 29, 2019. SB 507 passed the Senate 26-2 and passed the House unanimously. A similar bill, HB 2418, was introduced in the House and was referred without recommendation by the House Business and Labor Committee to the House Rules Committee, where it remained upon adjournment.
Effective: September 29, 2019 | Chapter 372
SB 726 | Workplace Discrimination and Harassment
SB 726 creates a number of new requirements regarding workplace discrimination and harassment, including 1) making it an unlawful employment practice for an employer to enter into a nondisclosure agreement as a condition of employment, continued employment, promotion, compensation, or receipt of benefits if the agreement prevents an employee from disclosing or discussing employment discrimination or sexual assault; 2) specifying conditions for entering into a settlement, separation, or severance agreement between employer and employee; 3) defining sexual assault; 4) requiring all employers in Oregon to adopt a written policy codifying their procedures and practices for reducing and preventing discrimination and sexual assault; 5) requiring the Bureau of Labor and Industries to provide a model policy on their website; and 6) providing a five-year statute of limitations for action based prohibited conduct. SB 726 passed the Senate 23-6 and passed the House unanimously.
Effective: September 29, 2019 | Chapter 343
HB 2005, SB 947, HB 3031 & HB 3385 | Paid Family and Medical Leave
HB 2005 creates a paid family and medical leave insurance program (FAMLI) to provide employees with a portion of wages while on family, medical, or safety-related leave. The bill requires an eligible employee to have received at least $1,000 in wages during the base year and allows self-employed individuals and tribal government employers to opt into FAMLI. Eligible employees may begin receiving benefit payments beginning January 1, 2023. The bill requires employers to provide eligible employees with a maximum of 12 weeks of paid leave, with total paid and unpaid leave capped at 16 weeks. An employee’s weekly benefit amount is capped at 120 percent of the state average weekly wage with a floor of five percent and employees may use vacation or sick time to supplement their weekly benefit amount, up to 100 percent of their wages. HB 2005 allows an employer, with approval of the state Employment Department, to provide leave benefits through an equivalent plan. Notably, the bill supersedes and preempts any rule, regulation, code, or ordinance of a local government. Several bills were introduced this session relating to paid family medical leave, however HB 2005 is the only bill that became law. The City of Portland submitted testimony in support of a statewide paid family and medical leave program, a city priority. HB 2005 passed the House 45-13 and the Senate 21-6.
Effective: September 29, 2019 | Chapter 700
City of Portland, Oregon 2019 State Legislative Report EMPLOYMENT AND LABOR | 42
SB 947 would have modified provisions to the Oregon Family Leave Act (OFLA) laws and required an employer to pay an employee on family and medical leave and expanded the requirements to all employers regardless of size. The bill would have also expanded the coverage to employees who work part-time and reduced the eligibility period for all employees to 30 days, down from 180 days. SB 947 had a public hearing in the Senate Workforce Committee, but did not advance further.
HB 3031 would have created a family and medical leave insurance program to provide an eligible employee a portion of their wages while that employee is on family and medical leave or military family leave. The bill would have also required employer and employee contributions to fund the program and required the Director of the Department of Consumer and Business Services to determine contribution amounts and weekly benefit amounts. The City of Portland provided testimony in support of a statewide paid family and medical leave program. HB 3031 received a public hearing in the House Business and Labor Committee, but did not advance.
HB 3385 would have established the Oregon Paid Family and Medical Leave Board chaired by the Director of Department of Consumer and Business Services. The Board would have been directed to develop a plan that uses existing insurance products available in the marketplace to provide family and medical leave insurance benefits to eligible employees. The bill had a public hearing in the House Business and Labor Committee, but did not advance.
HB 2016 | Public Employee Collective Bargaining Act
HB 2016 makes changes to the Public Employee Collective Bargaining Act (PECBA) regarding designated representatives, access and communication, dues and fees, and expanding the list of unfair labor practices. The bill requires an employer to allow an employee who is a designated representative to engage in specified activities during an employee’s regularly scheduled work hours without loss of pay, seniority, or other benefits. The bill also requires a public employer to provide an exclusive representative reasonable access to employees within a bargaining unit and allows parties to agree to authorize a public employer to deduct union dues and fees from employee pay. HB 2016 also makes it an unfair labor practice for a public employer to attempt to negatively influence an employee’s membership decision or encourage an employee to revoke a union dues authorization. The bill passed the House 36-22 and Senate 17-11.
Effective: January 1, 2020# | Chapter 429
HB 2087 | Civil Penalties for Violations of Workers’ Compensation Requirements
HB 2087 changes the caps on civil penalties that the Director of Department of Consumer and Business Services may impose for violations of certain workers' compensation statutes or required practices. The bill passed the House unanimously and passed the Senate 22-8.
Effective: January 1, 2020 | Chapter 007
City of Portland, Oregon 2019 State Legislative Report EMPLOYMENT AND LABOR | 43
HB 2269 | Minimum Requirements for Employer Spending on Health Care
HB 2269 would have required employers with 50 or more employees to expend an amount established by the Oregon Health Policy Board toward providing health care to employees. The bill would have established the Employer Participation Program to collect employer contributions and deposit such contributions in the Health Care Access Fund. HB 2269 had a public hearing in the House Revenue Committee but did not advance.
HB 2341 | Reasonable Accommodation for Pregnancy
HB 2341 makes it an unlawful employment practice for an employer to deny employment opportunities, fail to make reasonable accommodations, or take certain actions because of known limitations of an employee or applicant related to pregnancy, childbirth, or a related medical condition. HB 2341 passed the House unanimously and passed the Senate 25-3.
Effective: January 1, 2020 | Chapter 139
HB 2489 | Enforceability of Employment Contracts
HB 2489 would have established the enforceability of certain employment contracts or agreements and allowed the court to award the prevailing employee plaintiff reasonable attorney fees in addition to injunctive relief or specific performance. HB 2489 was referred to the House Business and Labor Committee, but did not receive a hearing.
HB 2498 | Determination of Independent Contractor Relationships
Currently, there is a four-factor test in ORS 670.600 to determine if an individual is considered an employee or an independent contractor. HB 2498 would have modified the list of standards applicable to determine whether an individual is an employee or an independent contractor. The bill would have also included, as a fifth factor necessary to classify an individual as an independent contractor, whether an individual provides services for another person that are within the usual course of the other person's business. HB 2498 had a public hearing in the House Rules Committee, but did not advance.
HB 2589 | Discrimination Based on Sexual Orientation, Gender Identity, and Disability
HB 2589 updates discrimination statutes to remove outdated language related to sexual orientation and gender identify. The bill removes the provision that failure to provide reasonable accommodation for individual with disability arising out of transsexualism is not an unlawful employment practice. HB 2589 passed the House 58-2 and the Senate unanimously.
Effective: May 6, 2019 | Chapter 071
City of Portland, Oregon 2019 State Legislative Report EMPLOYMENT AND LABOR | 44
HB 2593 | Expression of Milk in the Workplace
HB 2593 removes limitations on the frequency and duration of rest periods an employer must provide an employee to express milk. The bill also limits the ability to claim undue hardship to employers who have 10 or fewer employees and extends the requirements to all employers by removing an exemption for employers with fewer than 25 employees. HB 2593 passed the House and Senate unanimously.
Effective: September 29, 2019 | Chapter 118
HB 2818 | Employment Discrimination
HB 2818 would have established that it is an unlawful employment practice for an employer to seek the age of an applicant prior to making a conditional offer of employment or to include certain words or phrases in a recruitment that suggests or implies an age preference. The bill would have also provided a private right of action for such claims of unlawful employment practice. HB 2818 had a public hearing in the House Business and Labor Committee, but did not advance.
HB 3009 | Labor Organization Fees for Police Officers, Sheriffs, and Deputy Sheriffs
HB 3009 allows a labor organization to charge reasonable fees and costs to police officers, sheriffs, or deputy sheriffs for representing them in matters unrelated to negotiating a collective bargaining agreement if the employee is not a member of the union and has not entered into a fair-share agreement. HB 3009 passed the House 48-7 and Senate 24-2.
Effective: June 20, 2019 | Chapter 439
HB 3022 | Workers' Compensation
HB 3022 would have modified the workers' compensation statutes to describe the circumstances under which diagnostic services are compensable and would have assigned, in specified circumstances, the burden to an employer to prove that an otherwise compensable condition is no longer the major cause of need for treatment and disability. HB 3022 passed the House 55-2 and had a public hearing in the Senate Rules Committee, but did not advance further.
City of Portland, Oregon 2019 State Legislative Report ENERGY | 45
SB 38 | Renewable Energy Certificates
SB 38 clarifies that renewable energy certificates (RECs) as described in ORS 469A.130 may be issued for thermal energy at a facility that generates electricity using biomass, subject to the same requirements for issuance, transfer, and use as all other RECs. The bill also establishes that thermal energy RECs may be used to meet the renewable portfolio standard if the facility meets statutory requirements for the electricity generated by using biomass and if the thermal energy is not generated through the combustion of wood treated with certain chemical preservatives. SB 38 passed both chambers unanimously.
Effective: January 1, 2020 | Chapter 076
SB 68 | Annual Public Utilities and Telecommunications Fee
SB 68 increases the annual fee limit imposed on investor-owned utilities to offset costs for the Public Utility Commission to meet growing demands. The bill increases the fee limit for a public utility from 0.3 percent to 0.45 percent of the utility's gross operating revenues derived within the state and increases the fee limit for a telecommunications provider from 0.3 percent to 0.35 percent of the provider's gross retail intrastate revenues for each calendar year. SB 68 passed the Senate 18-11 and House 45-14.
Effective: May 24, 2019 | Chapter 173
SB 98 | Renewable Natural Gas (RNG) Program for Natural Gas Utilities
SB 98 directs the Public Utility Commission (PUC) to adopt by rule two renewable natural gas (RNG) programs: a large and small for large and small utilities, respectively, to meet targets for the percentage of natural gas purchased for distribution to retail customers. The bill dictates that the rules include reporting requirements and a process for utilities to fully recover prudently incurred costs. The bill stipulates that the rules may not prohibit an affiliated interest of a utility from making capital investments in a biogas production project if the affiliated interest is not a public utility. SB 98 passed the Senate 25-3 and House 46-10.
Effective: September 29, 2019 | Chapter 541
SB 256 | Offshore Drilling Ban
See the Environment section on page 49.
SB 451 | Eligibility for Renewable Energy Certificates
SB 451 would have conditioned eligibility for renewable energy certificates for facilities that combust municipal solid waste on registration with Western Renewable Energy Generation Information System on or after January 1, 2011. The bill would have been limited to electricity generated from combustion of biogenic material. SB 451 passed the Senate 18-11 and was referred to the House Energy and Environment Committee after the second chamber deadline for policy committees to advance bills.
City of Portland, Oregon 2019 State Legislative Report ENERGY | 46
SB 508 | Hydroelectric Energy
SB 508 would have allowed electricity generated by a hydroelectric facility or other equipment that generates electricity using hydroelectric energy to be used to comply with the renewable portfolio standard. SB 508 had a public hearing in the Senate Environment and Natural Resources Committee, but did not advance.
SB 928 | Creating the Oregon Climate Authority
See the Climate Change section on page 26.
SB 1044 | Zero-Emission Vehicle Use
SB 1044 establishes goals to promote zero-emission vehicle use and directs the Oregon Department of Energy (ODOE) to submit a biennial report on the adoption of zero-emission vehicles and greenhouse gas reductions, including recommendations if ODOE determines the state is not on course to meet its reduction goals. The bill also requires 25 percent of new light-duty vehicles purchased or leased by state agencies to be zero-emission vehicles by 2025, with exceptions, and requires all light-duty vehicle purchases or leases by state agencies to be zero-emission vehicles by 2029. Mayor Wheeler provided testimony in support of the bill. SB 1044 passed the Senate 22-5 and House 39-20.
Effective: January 1, 2020 | Chapter 565
HB 2242 | Differential Energy Burden on Low-Income Consumers
HB 2242 would have defined environmental justice as equal protection from environmental and health hazards and meaningful public participation in decisions that affect the environment in which people live, work, learn, practice spirituality, and play. The bill would have allowed the Public Utility Commission to authorize classifications or schedules of rates based on considerations of differential energy burdens on low-income customers and other economic, social equity, or environmental justice factors that affect affordability for certain classes of utility customers. HB 2242 was referred by the House Energy and Environment Committee to the Joint Ways and Means Committee, where it remained upon adjournment.
HB 2322 | Statewide Planning Goal 13 (Energy Conservation)
See the Land Use section on page 83.
HB 2329 | Regulation of Energy Facilities
HB 2329 changes the definition of energy facilities subject to Energy Facility Siting Council (EFSC) site certificate requirements. The bill authorizes the developer of a facility exempted from EFSC review to elect to obtain a site certificate through EFSC instead of sitting through a county process. The bill also allows smaller facilities not currently subject to EFSC review, net metering facilities, and community solar projects to be authorized by counties without the additional guidelines established in this bill. HB 2329 passed the House 52-7 and Senate 25-2.
Effective: January 1, 2020 | Chapter 650
City of Portland, Oregon 2019 State Legislative Report ENERGY | 47
HB 2494 | Public Purpose Charge
A public purpose charge is included in Oregon electricity bills to help fund energy conservation, efficiency and renewable projects. HB 2494 would have extended the sunset on the public purpose charge by ten years, from 2026 to 2036. The bill received a public hearing in the House Energy and Environment Committee, but did not advance.
HB 2496 | 1.5% Green Energy Technology Rules for Public Improvement Contracts
Currently, all public building construction, reconstruction, or major renovation projects, that have costs above fifty percent of the value of the building, must spend at least 1.5 percent of the total contract price on green energy technology (GET). HB 2496 modifies requirements for GET in public building projects and applies GET to projects with total contract price of $5 million or greater. The bill includes battery storage that is part of on-site solar or geothermal energy in the definition of GET and lowers the threshold from 20 to 10 percent reduction of energy use for passive solar energy building design. The Bureau of Planning and Sustainability testified in support of the bill. HB 2496 passed the House 44-14 and Senate 22-6.
Effective: September 29, 2019 | Chapter 160
HB 2618 | Solar Incentives
HB 2618 establishes a rebate program within the Oregon Department of Energy (ODOE) for contractors that construct or install solar electric systems or paired solar and storage systems. HB 2618 also establishes the Rooftop Solar Incentive Fund (Fund) and directs ODOE to pay rebates from the Fund, limiting the rebates for commercial solar systems to no more than 50 percent of available moneys per calendar year. The bill requires that at least 15 percent of the moneys available be reserved for rebates to low- or moderate-income residential customers and low-income service providers. HB 2618 passed the House 51-7 and passed the Senate unanimously.
Effective: September 29, 2019 | Chapter 655
HB 2894 | Loans for New Energy Efficient Manufactured Dwellings
See the Housing and Homelessness section on page 71.
HB 2896 | Loans to Support Manufactured Dwelling Park Preservation and Affordability
See the Housing and Homelessness section on page 71.
HB 3062 | Sunset Extension for Fuel Excise Tax Exemption
HB 3062 would have extended, from January 1, 2020 to January 1, 2021, an exemption from the fuel excise tax for diesel blended with at least 20 percent biodiesel derived from used cooking oil. Currently, the exemption only applies to motor vehicles with a gross weight below 26,000 pounds. The bill passed the House 56-3 and was referred to the Joint Ways and Means Committee, where it remained upon adjournment.
City of Portland, Oregon 2019 State Legislative Report ENERGY | 48
HB 3094 | Home Weatherization, Retrofit, and Affordability Program
See the Housing and Homelessness section on page 72.
HB 3116 | PropertyFit Technical Fix
PropertyFit is a collaborative program between Prosper Portland, Multnomah County, and the Energy Trust of Oregon to provide financing for property owners to make improvements consistent with carbon reduction, water conservation, seismic resilience, redevelopment, and economic goals. HB 3116 makes a technical fix to the statutory authorization for the program to allow local improvement liens a right to access a portion of proceeds from the sale of a tax-foreclosed property. Prosper Portland provided testimony in support. The bill passed the House 55-5, passed the Senate 25-3, and the House concurred with Senate amendments 53-5.
Effective: June 20, 2019 | Chapter 443
HB 3157 | Low-Rise Residential Dwelling Code
See the Building Codes section on page 19.
HB 3274 | Renewable Energy Requirements
HB 3274 would have required that, by 2025, at least eight percent of the electricity sold in Oregon be composed of electricity generated by small-scale renewable energy facilities. The bill applies to electric companies that have more than 25,000 retail electricity customers. Among other provisions, these renewable energy facilities cannot be owned by a person that is an electric company or be composed of electricity generated by a facility using biomass, that generates thermal energy for a secondary purpose. HB 3274 had a public hearing in the House Rules Committee, but did not advance.
HB 3407 | Hydroelectric Facilities
HB 3407 would have permitted an electric company subject to a renewable portfolio standard to offer to purchase qualifying electricity generated by certain small hydroelectric facilities as defined in ORS 758.505 that have been certified as low-impact. HB 3407 had a public hearing in the House Energy and Environment Committee, but did not advance.
HB 5017 | Department of Environmental Quality (DEQ) Budget
See the State Budget section on page 109.
HB 5050 | Budget Reconciliation: EV Charging Stations
See the State Budget section on page 111.
City of Portland, Oregon 2019 State Legislative Report ENVIRONMENT | 49
SB 47 | Waterway Access Fund
See the Water and Wastewater section on page 138.
SB 90 | Single-Use Plastic Straws
SB 90 prohibits a food and beverage provider or a convenience store from providing a single-use plastic straw to a consumer unless specifically requested by the consumer. The bill defines "single-use plastic straw" and exempts from the prohibition: a straw made from materials other than plastic, including paper, pasta, sugar cane, wood, or bamboo; straws attached to or packaged with a beverage container; straws offered for sale in bulk or unconnected with provision of food or beverage; and straws provided in connection with delivery of food or beverage to a consumer in a vehicle. The bill also prohibits a local government from enacting a local ordinance that differs from this policy after June 13, 2019. SB 90 passed the Senate 23-6 and House 48-12.
Effective: June 13, 2019 | Chapter 362
SB 247 | Recyclable Beverage Containers
SB 247 adds containers that hold hard seltzer or kombucha to the types of beverage containers covered by the Bottle Bill. The bill also requires a person responsible for the operation of one or more redemption centers to register with the Oregon Liquor Control Commission (OLCC) by July 1 each year and to pay an annual $3,000 registration fee for each redemption center the person operates. SB 247 passed the Senate 23-6 and House 51-6.
Effective: September 29, 2019 |Chapter 366
SB 256 | Offshore Drilling Ban
SB 256 repeals the sunset on the state offshore drilling ban, thereby permanently prohibiting exploration, development, or production activities for oil, gas, or sulfur in the Oregon’s territorial sea. The City of Portland provided testimony in support of the bill. SB 256 passed the Senate 23-6 and House 47-8.
Effective: January 1, 2020 | Chapter 014
SB 276 | Product Stewardship for Mattresses
SB 276 would have prohibited a producer, renovator, or retailer from selling or offering for sale any mattress unless registered with a stewardship organization. The bill would have also required a retailer to: 1) only purchase mattresses from a producer or renovator registered with a stewardship organization as of the date of purchase; 2) at the point of sale collect the mattress stewardship assessment established pursuant to a plan approved by the Department of Environmental Quality and to remit the assessment to the stewardship organization; and 3) provide to consumers, also at the point of sale, information on available collection opportunities for discarded mattresses through the program. SB 276 passed the Senate Environment and Natural Resources Committee and was referred to the Joint Ways and Means Committee where it remained upon adjournment.
City of Portland, Oregon 2019 State Legislative Report ENVIRONMENT | 50
SB 445 | Oregon Invasive Species Council
SB 445 increases the membership of the Oregon Invasive Species Council from 18 to 22 and requires the Council to report to the Legislature every two years. The bill also allocates $200,000 of General Fund to the Invasive Species Control Account, in addition to $155,907 of Lottery Funds allocated to the Council in the Department of Agriculture agency budget (see HB 5002 on page 109). The bill passed both chambers unanimously.
Effective: September 29, 2019 | Chapter 622
SB 853 | Chlorpyrifos Ban
SB 853 would have prohibited the sale, purchase, or use of pesticides containing the chemical chlorpyrifos. The bill would have also required the Department of Agriculture to publish a list of pesticide products that contain neonicotinoids as a restricted-use pesticide. The bill had a public hearing in the Senate Environment and Natural Resources Committee, but did not advance.
SB 892 | Beverage Containers
SB 892 would have amended state statute to add oral rehydration products, defined as a medical food in the federal Food, Drug, and Cosmetic Act (21 U.S.C. 360ee(b)(3)), to the list of beverage containers exempt from the Bottle Bill. SB 892 was referred by the Senate Environment and Natural Resources Committee to the Senate Rules Committee, where it remained upon adjournment.
HB 2007 | Diesel Emissions Standards
A City of Portland legislative agenda priority, HB 2007 directs the Department of Environmental Quality (DEQ) to award grants to reduce diesel engine emissions by expanding applicable uses of money received from the Volkswagen Environmental Mitigation Trust Agreement. The bill phases-in a prohibition on Oregon Department of Transportation (ODOT) titling, registering, or renewing registration of specified vehicles in Multnomah, Washington and Clackamas Counties with diesel engines that have not been retrofitted. The phase-in sets a deadline of 2029 to meet 2010 engine standards for certain medium- and heavy-duty vehicles. The bill requires DEQ to prioritize grants for: early compliance with the phase-out, clean diesel contracting standards for MWESB firms, and small fleets. HB 2007 also requires the Environmental Quality Commission to adopt rules governing the certification of retrofit technologies applicable to diesel engines and requires the use of 80 percent clean diesel on state public construction projects over $20 million beginning January 1, 2022. HB 2007 creates the Supporting Businesses in Reducing Diesel Emissions Task Force and requires ODOT to provide the Legislative Assembly with an annual report related to registration of medium- and heavy-duty trucks and creates a voluntary emission control program applicable to construction equipment to be administered by DEQ. The Bureau of Planning and Sustainability provided testimony in support of the bill. HB 2007 passed the House 45-15 and Senate 16-11.
Effective: August 9, 2019 | Chapter 645
City of Portland, Oregon 2019 State Legislative Report ENVIRONMENT | 51
HB 2063 | Environmental Mitigation Trust Agreement
HB 2063 would have authorized Volkswagen Environmental Mitigation Trust Agreement funds for electric vehicle infrastructure, reduction of nitrogen oxide emissions from diesel engines, or reducing diesel particulate matter emissions from diesel engines. HB 2063 was referred to the House Energy and Environment Committee, but did not receive a public hearing.
HB 2076 | Watercraft Inspection Station Compliance
HB 2076 requires boat operators to drain water from their boat before transporting the boat in Oregon; requires a person to cooperate with an ordered decontamination process at an aquatic invasive species check station; and authorizes law enforcement to stop a person transporting a watercraft and send the person back to a check station within five miles of the stop. The bill also imposes penalties and fines for noncompliance. HB 2076 passed the House 38-17, passed the Senate unanimously, and the House concurred with Senate amendments 46-9.
Effective: January 1, 2020 | Chapter 154
HB 2209 | Oil Spill Contingency Plans
See the Emergency Management section on page 36.
HB 2250 | Oregon Environmental Protection Act
HB 2250, proposed by Governor Brown, requires state natural resource agencies that partner with the federal Environmental Protection Agency (EPA) on the enforcement of clean air and water standards to maintain standards that meet or exceed EPA environmental protections that were in effect on January 19, 2017. The bill passed the House 39-20 and Senate 16-12.
Effective: January 1, 2020 | Chapter 138
HB 2312 | Property Seller Flood Risk Disclosure Statement
See the Housing and Homelessness section on page 68.
HB 2351 | Willamette River Greenway Regulations
HB 2351 allows the State Marine Board to make special regulations for boats operating within the Willamette River Greenway, including establishing speed limits and other ways of managing wake energy from boats. The bill directs the State Marine Board to consider shoreline protection, public and private property, and fish and wildlife habitat vegetation when developing regulations. HB 2351 passed the House 50-10 and Senate 21-6.
Effective: January 1, 2020 | Chapter 192
City of Portland, Oregon 2019 State Legislative Report ENVIRONMENT | 52
HB 2352 | Towed Watersports
HB 2352 creates a towed watersports program at the State Marine Board. The program will provide and promote safety education, issue and renew motorboat certificates in the form of decals and towed watersport endorsements, address wave energy management techniques and operator responsibilities, and compile information on motorboats used for towed watersports. The bill directs the State Marine Board to set minimum competency standards and a related course and examination as a prerequisite for an endorsement. The bill also establishes fees for watersports endorsements and certificates and authorizes the State Marine Board to issue fines for noncompliance. HB 2352 passed the House 39-20 and Senate 21-6.
Effective: January 1, 2020 | Chapter 651
HB 2377 | Program Change Bill: Portland Harbor Cleanup Fund
See the State Budget section on page 108.
HB 2436 | Partial Assumption of Federal Water Pollution Control Act Section 404 Permit Process
HB 2436 directs the Oregon Department of State Lands (DSL) to develop a proposal for partial assumption of the Federal Water Pollution Control Act Section 404 permit process currently administered by the U.S. Army Corps of Engineers. The bill directs the proposal to include recommendations for legislation for the 2020 legislative session. The bill also limits the partial assumption to development within an urban growth boundary and does not allow DSL to assume permitting related to farming, ranching, or forestry. The bill was amended in the House Agriculture and Land Use Committee to include a provision to eliminate the non-compete clause on the purchase of credits from the Oregon Removal-Fill Mitigation Fund. Late in the session, the Joint Ways and Means Committee added a provision to HB 2436 that would have given the director of DSL greater discretion to issue or withhold removal-fill permits by eliminating required considerations for the issuance of a permit. However, the bill was sent back to the Joint Ways and Means Committee from the House floor to remove this provision. HB 2436 passed the House 45-9 and passed the Senate 25-3.
Effective: August 9, 2019 | Chapter 652
HB 2437 | Notice-Based Removal-Fill Process for Dry Ditch Maintenance
HB 2437 changes the maintenance of dry, traditionally maintained channels facilitating drainage of farming and ranching operations to a notice-based process and raises the threshold for exemption to 3000 cubic yards per linear mile over a five-year period. The bill directs the Department of State Lands (DSL) and the Oregon Department of Agriculture (ODA) to develop a memorandum of understanding to transfer regulation of the notice-based process to ODA. The bill requires DSL to adopt a general permit for maintenance activities in wet, traditionally maintained channels by January 1, 2028. The bill also directs Oregon State University (OSU) to conduct a study of the impacts of maintenance activities on habitat and biological factors. The bill passed the House 42-17 and Senate 18-9. On August 4th, Governor Brown served notice of a potential veto of HB 2437, citing environmental concerns, but ultimately signed the bill into law on August 9th.
Effective: August 9, 2019 | Chapter 699
City of Portland, Oregon 2019 State Legislative Report ENVIRONMENT | 53
HB 2438 | Wetland Mitigation Banking Pilot
HB 2438 would have provided funding to the Oregon Cascades West Council of Governments for a pilot program for a local, public wetland mitigation bank. The bill passed the House Agriculture and Land Use Committee and was referred to the Joint Ways and Means Committee, where it remained upon adjournment.
HB 2509 | Statewide Ban on Single-Use Plastic Bags
HB 2509 prohibits retail establishments and restaurants from providing single-use plastic checkout bags to customers. It also prohibits a retail establishment from providing recycled paper checkout bags, reusable fabric checkout bags, or reusable plastic checkout bags to customers unless the customer is charged a fee of five cents or more for each bag. HB 2509 allows a retail establishment to provide recycled paper bags or reusable plastic checkout bags at no cost to customers who use a voucher under the Women, Infants, and Children (WIC) Program or who use an electronic benefits transfer card issued by the Department of Human Services and allows a retail establishment to provide reusable fabric checkout bags or recycled paper checkout bags to customers at no cost as a promotion on no more than 12 days in a calendar year. HB 2509 prohibits local governments from adopting or amending an existing single-use plastic bag policy that differs from the legislation after January 1, 2020. HB 2509 passed the House 42-18 and Senate 17-12.
Effective: January 1, 2020 | Chapter 434
HB 2575 | Brownfield Redevelopment Tax Credit
See the Tax and Finance section on page 118.
HB 2623 | Prohibition on Hydraulic Fracturing
HB 2623 imposes a statewide moratorium until 2025 on hydraulic fracturing used in the exploration for, or production of, oil or gas. The bill exempts natural gas storage wells, geothermal activities, and existing coal bed methane extraction wells from the definition of "hydraulic fracturing" subject to the moratorium. HB 2623 passed the House 42-12 and Senate 17-11.
Effective: June 17, 2019 | Chapter 406
HB 2699 & SB 94 | Brownfield Property Tax Exemption Technical Fix
See the Tax and Finance section on page 118.
HB 2772 | Product Stewardship Program for Household Hazardous Waste
HB 2772 would have prohibited a manufacturer or retailer from selling specified household hazardous products in Oregon unless the product is labeled with a brand and included in a plan for a household hazardous waste stewardship program approved by the Department of Environmental Quality (DEQ). HB 2772 was referred to the Joint Ways and Means Committee after passing the House Energy and Environment Committee, but did not advance further.
City of Portland, Oregon 2019 State Legislative Report ENVIRONMENT | 54
HB 2796 | Development of Needed Housing on Degraded Wetlands
HB 2796 would have directed the Department of State Lands (DSL) to develop rules for a general permit process for the development of needed housing on degraded wetlands. HB 2796 also would have allowed DSL to amend rules promulgated at the direction of the bill to prevent conflicts with potential rules DSL may adopt related to a partial assumption of Federal Water Pollution Control Act Section 404 permit process (see HB 2436 on page 52). The bill passed the House Agriculture and Land Use Committee and was referred to the Joint Ways and Means Committee, where it remained upon adjournment.
HB 2834 & SB 583 | Wildlife Corridor and Safe Road Crossing Action Plan
HB 2834 requires the Oregon Department of Fish and Wildlife, in consultation with the Oregon Department of Transportation, to collect data on wildlife habitat areas and connectivity, and to develop a Wildlife Corridor and Safe Road Crossing Action Plan. A similar bill, SB 583, would have directed a study related to the designation and protection of wildlife corridors, but did not receive a hearing. HB 2834 passed both chambers unanimously.
Effective: January 1, 2020 | Chapter 272
HB 2882 | Genetically Engineered Organisms
HB 2882 would have allowed a person to file a lawsuit against a patent holder of a genetically modified organism (GMO) product, if the GMO product was present on land without permission. The bill was referred by the House Judiciary Committee to the House Rules Committee without recommendation, where HB 2882 received a public hearing, but did not advance further.
HB 2883 | Prohibition on Polystyrene
HB 2883 would have prohibited a food vendor from using a polystyrene container in selling, offering for sale, serving, or dispensing prepared food to a member of the public. The bill would have exempted certain items, including coolers and containers intended to be reused and enclosed by a solid plastic shell. HB 2883 passed the House 32-28, but failed on the Senate floor 15-14.
HB 3116 | PropertyFit Technical Fix
See the Energy section on page 48.
HB 3132 | Voluntary Stream Restoration
See the Water and Wastewater section on page 141.
HB 3440 | Redirection of Kicker Revenue for Transportation Purposes
See the Transportation section on page 131.
City of Portland, Oregon 2019 State Legislative Report ENVIRONMENT | 55
HB 5002 | Oregon Department of Agriculture (ODA) Budget
See the State Budget section on page 109.
HB 5017 | Department of Environmental Quality (DEQ) Budget
See the State Budget section on page 109.
HB 5030 | Lottery Bonds: Brownfield Redevelopment Fund
See the State Budget section on page 110.
HB 5046 | Portland Harbor Cleanup Funding
See the State Budget section on page 110.
City of Portland, Oregon 2019 State Legislative Report GENERAL GOVERNMENT | 56
SB 185 | Update to Tobacco Master Settlement Agreement Statute
SB 185 prohibits a person licensed to distribute cigarettes or tobacco products from attaching Oregon tax stamps or purchasing untaxed roll-your-own tobacco unless the person certifies to the Oregon Attorney General that the cigarettes or tobacco was purchased directly from a manufacturer or importer. The bill also allows a tobacco product manufacturer that elects to make payments to a qualified escrow fund to assign those funds to the state. The bill passed the Senate 23-6 and House 47-8.
Effective: June 4, 2019 | Chapter 240
SB 248 | Oregon Liquor Control Commission Fees
SB 248 increases certain license, permit, and certificate fees assessed by the Oregon Liquor Control Commission. The bill also establishes a $10 per day fee for temporary use of an annual license. SB 248 passed the Senate 21-7 and passed the House 36-19.
Effective: July 1, 2019 | Chapter 420
SB 360 | Laws Governing Nonprofit Corporations
SB 360 updates laws on the governance of nonprofit corporations including allowing electronic communication and notice, specifying a process for taking action through electronic means, providing definitions relating to shell corporations, specifying a process for a court determination that a corporation is a shell entity, and providing that articles of incorporation control when in conflict with bylaws. SB 360 passed the Senate 24-2 and passed the House unanimously.
Effective: May 24, 2019 | Chapter 174
SB 380 | Mortgage Electronic Registration System
SB 380 would have prevented a county from filing a lawsuit under certain circumstances related to the recording of trust deed documents by banks. The bill also would have prohibited a county clerk from charging a fee for the failure to record a document that transfers an interest in a trust deed. The bill passed the Senate unanimously and was referred to the House Judiciary Committee, but did not advance further.
SB 471 | Conflict Minerals State Procurement Policy
Under SB 471 a state contracting agency must require a prospective contractor to describe in a bid or a proposal whether and to what extent identified conflict minerals will be used. The prospective contractor must also certify that procurement of those conflict minerals complies with due diligence standards used by the contractor. Identified conflict minerals include tin, tantalum, tungsten, and gold. The Office of Management and Finance submitted testimony in support of the bill. SB 471 passed both the Senate and the House unanimously.
Effective: September 29, 2019 | Chapter 294
City of Portland, Oregon 2019 State Legislative Report GENERAL GOVERNMENT | 57
SB 543 | Children's Special Districts
SB 543 would have allowed for the creation of children's special districts with the authority to assess, levy, and collect taxes to pay the cost of children's services within the boundaries of the district. The bill passed the Senate 21-9, but failed on the House floor 21-38.
SB 635 | Liquor Licensing Fees
SB 635 would have increased the limits on local liquor licensing application fees from $25 to $100, and local processing fees from $100 to $150 for an original application, from $75 to $125 for specified changes, and from $35 to $85 for a renewal or temporary application. SB 635 had a public hearing in the Senate Business and General Government Committee, but did not advance.
SB 684 | Breech of Security Involving Personal Information
SB 684 modifies the Oregon Consumer Identity Theft Protection Act and details the process for notification to a consumer when a consumer's data that is held by a third-party vendor is subject to a breach. The bill requires a vendor to notify the covered entity as soon as practicable, but no more than ten days after discovering a breach or having reason to believe a breach occurred, and it requires a vendor to notify the Attorney General if the breach involved the personal information of more than 250 customers or an undetermined number of customers. SB 684 passed both the Senate and House unanimously.
Effective: January 1, 2020 | Chapter 180
SB 716 | Cash Payments for Essential Goods and Services
SB 716 would have required “providers of essential goods and services,” as specified in the bill, to accept cash payments for goods and services that are considered essential to a consumer’s life, health, or welfare, such as: medical services, treatments, medication, food, water, sanitation, and shelter. The bill had a public hearing and work session in the Senate Business and General Government Committee, but did not advance.
SB 933 | Inquiries Issued by Public Bodies About Race or Ethnicity
SB 933 requires that a form or document issued by a public body asking a person to identify the person's race or ethnicity allow a person to select multiple races or ethnicities. SB 933 passed both the Senate and House unanimously.
Effective: January 1, 2020 | Chapter 352
City of Portland, Oregon 2019 State Legislative Report GENERAL GOVERNMENT | 58
SB 1046 | Age Discrimination in Places of Public Accommodation
Amendments to public accommodation statutes in 2015 created uncertainty regarding age-based discrimination in the law. SB 1046 would have modified the public accommodation statutes to clarify that these statutes apply to discrimination based on age, when an individual reaches 18 years old. This has typically been a general rule for public accommodation statutes and the bill would have provided further statutory clarity. SB 1046 passed the Senate unanimously and was referred to the House Rules Committee, but remained in committee upon adjournment.
HB 2166 | Local Government Transient Lodging Tax Subpoena Authority
See the Tax and Finance section on page 117.
HB 2285 | Residential Property Receivership
See the Housing and Homelessness section on page 68.
HB 2459 | Authorization for Lien Holder Information Request
HB 2459 permits the holder of a lien that encumbers real property to request an itemized statement from another lien holder of the amount that is necessary to pay off the other lien. If applicable, the statement must include the per diem interest that accrues after the date of the statement. HB 2459 passed both chambers unanimously.
Effective: January 1, 2020 | Chapter 140
HB 3021 | Tort Claims Against Public Bodies Arising Out of Real-Time Traffic Data
See the Civil Law section on page 25.
HB 3029 | Municipal Public Bank
HB 3029 would have allowed for the creation of municipal banks. The bill provided that a municipal bank would not need to obtain Federal Deposit Insurance Corporation (FDIC) deposit insurance and that the municipal bank could act as a depository or custodian of public funds. The House Business and Labor Committee held an informational hearing on the bill after the work session deadline.
HB 3061 | Conveyance of Property to Provide Broadband Service
See the Utilities and Telecommunications section on page 136.
City of Portland, Oregon 2019 State Legislative Report GENERAL GOVERNMENT | 59
HB 3159 | Nonprofit Corporation Open and Public Meeting Requirements
HB 3159 would have required qualifying nonprofit corporations, including those that receive public funds, to comply with open meetings and public records laws. The bill would also have required these entities to post a copy of the nonprofit corporation’s annual budget on their website and to submit to and cooperate with an audit. The bill would have also required members of the entity’s board of directors, officers, and employees to comply with government ethics standards. HB 3159 was referred to the House Business and Labor Committee, but did not receive a public hearing.
HB 3242 | Sale of State Surplus Property
HB 3242 would have required state agencies to sell, convey, exchange, or relinquish surplus real property or property that has for two years either been identified as idle or has not been used for public purposes. The bill received a public hearing in the House Rules Committee, but remained in committee upon adjournment.
HB 3327 | Independent Science Review Board
HB 3327 would have created an Independent Science Review Board, an Independent Scientific Review Secretariat, and an Independent Scientific Review Fund. The purpose of the Board, among others, would have been to receive, evaluate, and direct the Secretariat to convene independent scientific review panels to address applicable requests for review. The bill had a public hearing and a work session in the House Natural Resources Committee, but did not advance.
HB 3435 | Additional Permissible Periods for Fireworks Sales
See the Public Safety section on page 107.
City of Portland, Oregon 2019 State Legislative Report HEALTH CARE AND BENEFITS | 60
SB 139 | Managing Utilization of Health Services
SB 139 would have required health insurers to approve prescription drug prior authorization requests for a consecutive 12-month period if the use of the drug is based on clinical evidence and the patient continues to be insured during the 12-month period. The bill would have also required insurers to establish prior authorization and step therapy protocols that are evidence-based and updated based on new evidence and research and required insurers to adjudicate claims based on the approved prior authorization. SB 139 passed the Senate Health Care Committee and was referred to the Joint Ways and Means Committee, where it remained at the close of session.
SB 242 | Maternity Care for Surrogate
SB 242 would have required health benefit plans that provide payment or reimbursement for the costs of pregnancy and childbirth to provide payment or reimbursement for the expenses of pregnancy care and childbirth for an enrollee who is a surrogate. The bill would have prohibited the health benefit plans from requiring a surrogate to reimburse any costs paid by the insurer, assign right to receive payments to the insurer, or agree to any term that has the effect of negating a payment or reimbursement of costs. SB 242 passed the Senate Health Care Committee and was referred to the Joint Ways and Means Committee, but did not advance further.
SB 587 | Prior Authorization
SB 587 would have prohibited an individual or group policy or certificate of health insurance from requiring prior authorization for specified treatments by a physical or occupational therapist if treatment is medically necessary and within the quantitative treatment limits of the policy or certificate. SB 587 had a public hearing in the Senate Health Care Committee, but did not advance.
SB 649 | Ingredients in Vaccines
SB 649 would have required licensed health care providers to provide information packets to patients receiving a vaccine from the provider and required the Oregon Health Authority (OHA) to maintain a publicly available website that provides access to vaccine information data for all vaccinations required by Oregon and other vaccinations commonly recommended by licensed health care providers. SB 649 had a public hearing in the Senate Health Care Committee, but did not advance.
HB 2185 | Pharmacy Benefit Managers
HB 2185 prohibits pharmacy benefit managers (PBMs) from mandating an enrollee to fill or refill prescriptions at a mail order pharmacy but allows PBMs to direct enrollees to fill or refill prescriptions for specialty drugs at a specialty pharmacy. The bill also requires PBMs to reimburse the cost of a specialty drug that is filled or refilled at a long-term care pharmacy; directs PBMs to allow network pharmacies to mail, ship, or deliver prescription drugs to their patients as an ancillary service; and specifies that PBMs are not required to reimburse delivery fees for drugs mailed, shipped, or delivered by network pharmacies. HB 2185 passed the House and Senate unanimously.
Effective: January 1, 2020 | Chapter 526
City of Portland, Oregon 2019 State Legislative Report HEALTH CARE AND BENEFITS | 61
HB 2303 | Pharmacist Dispensation of Pseudoephedrine
See the Public Safety section on page 103.
HB 2693 | Reimbursing the Costs of Telemedicine Health Services
HB 2693 would have required health plans to cover telemedicine services, established reimbursement rates for telemedicine services, and established telemedicine permissibility requirements for health plans. HB 2693 had a public hearing in the House Health Care Committee, but did not advance.
HB 2753 | Pharmaceutical Substitutions
HB 2753 would have required pharmacists to substitute a brand-name prescribed medication with a generic medication. The bill had a public hearing in the House Health Care Committee, but did not advance.
HB 2754 | Biological Pharmaceutical Substitutions
HB 2754 would have required pharmacists to substitute a prescribed biological product with an interchangeable biological product. The bill was referred to the House Health Care Committee, but did not receive a hearing.
HB 2755 | Generic Pharmaceutical Substitutions
HB 2755 would have required pharmacists to substitute a prescribed brand name drug with a generic name drug product and substitute a prescribed biological product with an interchangeable biological product. The bill was referred to the House Health Care Committee, but did not receive a hearing.
HB 3063 | Declining Immunizations
HB 3063 would have removed the ability of a parent or legal guardian to decline, on behalf of a child, immunizations required to enroll in school or child care for a reason other than a child’s medical diagnosis. The bill would have also removed the allowance, as a condition of attendance in any Oregon school or children's facility, for a parent to decline one or more immunizations on behalf of their child. HB 3063 passed the House 35-25 and was referred to the Senate Health Care Committee, but it did not advance further.
City of Portland, Oregon 2019 State Legislative Report HOUSING AND HOMELESSNESS | 62
SB 36 | Home and Farm Loans for Veterans
SB 36 makes housekeeping and technical amendments to statutes authorizing the Oregon Department of Veterans’ Affairs home loan program. Changes include updating the definition of “home,” removing a reference to improvements, and conforming statutes to federal requirements. The bill passed both chambers unanimously.
Effective: January 1, 2020 | Chapter 223
SB 114, SB 202 & HB 2237 | Agricultural Workforce Housing Tax Credit Extension
SB 114 and SB 202 would have extended the sunset from 2020 to 2026 for the Agricultural Workforce Housing Tax Credit (AWHTC). The AWHTC may be redeemed on 50 percent of the eligible costs paid or incurred to complete an agriculture workforce housing project. Additionally, SB 114 would have created an income tax credit for the operational costs of housing agricultural workers, separate and distinct from the AWHTC. SB 114 and SB 202 each passed the Senate Workforce Committee and were referred to the Joint Tax Expenditures Committee, where the bills remained upon adjournment. HB 2237, an identical bill to SB 114, had a public hearing in the House Revenue Committee, but did not advance. However, a six- year extension of the AWHTC was included in an omnibus tax expenditure bill, HB 2164 (see page 121).
SB 197 | Tax Credit for Residents Displaced by Manufactured Home Park Closure
SB 197 would have extended the sunset from 2020 to 2026 on the $5,000 refundable tax credit for residents who are displaced due to the closure of a manufactured home park. The Senate Housing Committee unanimously referred the bill to the Joint Tax Expenditures Committee, where it remained upon adjournment. However, a six-year extension of the tax credit was included in an omnibus tax expenditure bill, HB 2164 (see page 121).
SB 262 & HB 2700 | Multiple Unit Limited Tax Exemption (MULTE) Authorization Extension
A City of Portland legislative agenda priority, SB 262 extends the statutory authorization for the Multiple Unit Limited Tax Exemption (MULTE) program from January 1, 2022 to January 1, 2032. MULTE is a key incentive used in conjunction with Inclusionary Housing for developing affordable residential dwelling units. The Portland Housing Bureau testified in support of the bill and Portland City Council provided a letter in support. An identical bill, HB 2700, passed the House Human Services and Housing Committee and was referred to the House Revenue Committee, where it remained upon adjournment. SB 262 passed both chambers unanimously.
Effective: September 29, 2019 | Chapter 322
SB 278 | Rent Guarantee Program
SB 278 extends eligibility for the Rent Guarantee Program to individuals aged 16 to 26 who have been a ward of the state within the past 10 years. The program is administered by Oregon Housing and Community Services to guarantee payments to landlords for unpaid rent, eviction, or property damage costs by eligible tenants in low income households. SB 278 passed both chambers unanimously.
Effective: January 1, 2020 | Chapter 243
City of Portland, Oregon 2019 State Legislative Report HOUSING AND HOMELESSNESS | 63
SB 334 | Urban Growth Boundary Expansions for Workforce Housing
See the Land Use section on page 80.
SB 369 | Statute of Limitations Regarding Substantial Completion
See the Civil Law section on page 24.
SB 380 | Mortgage Electronic Registration System
See the General Government section on page 56.
SB 484 | Limits Residential Tenancy Applicant Screening Charges
SB 484 specifies that a landlord may only require an applicant to pay a single screening charge within any 60-day period, regardless of how many residential units the applicant has applied to rent that are owned or managed by the landlord. SB 484 passed the Senate 19-10, then passed the House unanimously and repassed the Senate unanimously.
Effective: January 1, 2020 | Chapter 251
SB 529 | Suspension of Zoning Ordinances and UGB Expansions in ‘Housing-Limited Cities’
See the Land Use section on page 80.
SB 534 | Development on Lots Zoned to Allow Single-Family Dwellings
See the Land Use section on page 81.
SB 586 | Manufactured Dwelling Park Mediation Policies; Floating Home Tenancies in Marinas
SB 586 adds floating home tenancies in marinas to the Manufactured Communities Resource Center programs at Oregon Housing and Community Services. The bill directs that a tenant or landlord may require the other party to participate in at least one mediation session in cases of landlord/tenant law disputes before the filing of an eviction lawsuit. The bill also makes other technical revisions to the process for submetering water, sewer, and stormwater costs, as well as the process for landlords to require a tenant to cure separate and distinct violations of a rental agreement. SB 586 passed the Senate unanimously, then passed the House 57-1 and repassed the Senate 25-2.
Effective: January 1, 2020 | Chapter 625
City of Portland, Oregon 2019 State Legislative Report HOUSING AND HOMELESSNESS | 64
SB 595 | Affordable Workforce Housing Funding from Transient Lodging Tax Revenue
For local transient lodging taxes imposed on or after July 1, 2003, statute requires at least 70 percent of net revenue to be used to support tourism and allows 30 percent to be used for local government services. SB 595 would have reduced the amount that must be used for tourism to at least 40 percent, and allowed up to 30 percent to be used for affordable workforce housing, defined as 125 percent city or county median income; the 30 percent for local services would have been preserved. The bill passed the Senate Housing Committee and was referred to the Senate Finance and Revenue Committee, where it received a public hearing, but did not advance further.
SB 608 | Just-Cause Eviction Standard and Rent Stabilization
SB 608, a City of Portland legislative agenda priority, establishes a statewide just-cause eviction standard and rent stabilization policy. The bill specifies that after the first twelve months of initial occupancy, a residential tenant may only be evicted for a tenant cause already specified in statute or specified landlord-based reasons. Landlord-based reasons include: if the landlord intends to demolish the dwelling unit or convert it to a non-residential use, if the unit is or will be unsafe or unfit for occupancy and will be subject to repairs or renovations, if a member of the landlord’s immediate family will be moving into the unit, or if the landlord has accepted an offer to purchase the unit from someone who intends to live in it. The bill provides an exception for cases where the dwelling unit is one of only two units on the same property as the landlord’s primary residence. It also requires landlords with an ownership interest in more than four units who evict a tenant for a landlord-based reason to pay the tenant an amount equal to one month’s rent. SB 608 also limits rent increases in any 12-month period to no more than seven percent plus inflation. The rent stabilization policy provides exceptions for buildings that are less than 15 years old or when a tenant is being charged reduced rent as part of a federal, state, or local program or subsidy. A landlord who violates the rent stabilization policy is liable to the tenant in an amount equal to three months’ rent plus actual damages suffered by the tenant. Portland City Council provided a letter in support of SB 608 and Mayor Wheeler and Portland Housing Bureau Director Callahan testified in support of the bill. SB 608 passed the Senate 17-11 and House 35-25. Two technical revisions to SB 608 were later included in HB 2006 (see page 66).
Effective: February 28, 2019 | Chapter 1
SB 621 | Prohibition on Local Government Regulation of Use of Homes as Vacation Rentals
SB 621 would have prohibited local governments from enforcing any ordinance restricting use of lawfully established residential dwellings as vacation rentals. The Bureau of Development Services provided testimony in opposition to SB 621 at a public hearing in the Senate Business and General Government Committee, which did not advance the bill.
SB 820 | Foreclosure Counseling to Homeowners at Risk of Foreclosure
SB 820 was a placeholder bill that was amended to allocate $1.24 million to Oregon Housing and Community Services to provide foreclosure counseling to homeowners at risk of experiencing foreclosure. The amended bill was unanimously referred by the Senate Housing Committee to the Joint Ways and Means Committee, where it remained upon adjournment. However, $1.5 million for foreclosure counseling was included in the approved OHCS budget, SB 5512 (see page 108).
City of Portland, Oregon 2019 State Legislative Report HOUSING AND HOMELESSNESS | 65
SB 939 | Property Disclosure Statements for Sale of Manufactured Dwellings on Rented Spaces
SB 939 proposed to require sellers of manufactured dwellings on rented spaces to provide property disclosure statements to prospective sellers. The bill was the subject of a public hearing and work sessions in the Senate Housing Committee, but did not advance.
SB 954 | Study of Statutes Related to Mold in Residential Properties Listed for Sale or Rent
SB 954 would have directed Oregon Housing and Community Services to conduct a study and make recommendations on statutes related to mold in residential properties that are listed for sale or rent. The Senate Housing Committee held a public hearing on SB 954, but did not advance the bill.
SB 970 | Residential Screening Charges and Criteria
SB 970 prohibits a landlord from considering convictions for cannabis possession or use in denying an applicant. The bill also requires landlords of manufactured home parks and floating home marinas to provide applicants and tenants a handout regarding tenant and landlord rights when a tenant is selling a home in the facility. SB 970 passed the Senate 17-9 and House 36-21.
Effective: January 1, 2020 | Chapter 268
SB 1045 | Home Sharing Property Tax Exemption Authorization
SB 1045 authorizes a city or county to adopt a property tax exemption program for home sharing, whereby a homeowner rents a portion of their home to a qualified home share seeker. The bill limits the exemption to $300,000 of assessed value, limits eligibility to home seekers with income at or below 60 percent of area median income, and caps the number of tax exemptions statewide to 500. SB 1045 passed the Senate unanimously and passed the House 40-17.
Effective: September 29, 2019 | Chapter 566
SB 5512 | Oregon Housing and Community Services (OHCS) Budget
See the State Budget section on page 108.
HB 2001 | Requirement to Allow Middle Housing in Areas Zoned for Single-Family Dwellings
See the Land Use section on page 82.
HB 2002 | Affordable Housing Preservation
HB 2002 extends the amount of notice owners of publicly supported housing must provide to qualified purchasers and requires owners to extend the right of first refusal to qualified purchasers. Qualified purchasers are defined in statute as local governments, Oregon Housing and Community Services or a designee. HB 2002 passed the House 46-11 and passed the Senate unanimously.
Effective: January 1, 2020 | Chapter 571
City of Portland, Oregon 2019 State Legislative Report HOUSING AND HOMELESSNESS | 66
HB 2003 | Housing Needs Analyses and Housing Production Strategies
HB 2003 updates the framework for cities to conduct housing needs analyses and requires cities to establish housing production strategies. In addition, the bill directs Oregon Housing and Community Services, in coordination with the Department of Land Conservation and Development (DLCD) and the Office of Economic Analysis, to develop a methodology for calculating regional housing needs and report back to the Legislature no later than March 1, 2021. HB 2003 allocates $1 million to DLCD to provide technical assistance grants to local governments for development and adoption of housing production strategies. The bill also authorizes local governments to allow development of housing on certain public property, notwithstanding any statewide planning goal, land use regulation, or comprehensive plan. The bill as introduced included provisions that were later removed that would have: authorized the Secretary of State to audit local system development charges (SDCs), required local governments to report SDC information to the state Building Codes Division, and repealed the statute of limitations for facial challenges of SDC methodologies. The Bureau of Planning and Sustainability provided as testimony on the bill introduced as well as testimony on proposed amendments. HB 2003 passed the House 55-1 and passed the Senate unanimously.
Effective: August 8, 2019 | Chapter 640
HB 2006 | Rental Market Resources
HB 2006 allocates $3 million to Oregon Housing and Community Services for rental market resources programs such as tenant and landlord education and training and $3 million to the Department of Justice to assist victims of domestic violence and sexual assault with housing needs. The bill also makes two clarifications to the just-cause eviction policy established by SB 608 (see page 64): technical correction of a mistaken cross-reference and clarification that a landlord’s own residence does not count toward the exception to the bill requirement for paying relocation assistance for landlords with an ownership interest in four or fewer residential units. HB 2006 passed both chambers unanimously.
Effective: August 8, 2019 | Chapter 641
HB 2032 | Agency Pilot Programs
See the Human Services section on page 75.
HB 2055 | Greater Oregon Housing Accelerator Program
HB 2055 would have established and allocated $15 million for the Greater Oregon Housing Accelerator Program (Program) within Oregon Housing and Community Services (OHCS). The Program will provide grants and loans for the development of workforce housing and technical assistance or grants to develop workforce housing proposals. The House Human Services and Housing Committee unanimously referred HB 2055 to the Joint Ways and Means Committee, where it remained upon adjournment. However, the approved OHCS budget, SB 5512 (see page 108), included $5 million for the Program.
City of Portland, Oregon 2019 State Legislative Report HOUSING AND HOMELESSNESS | 67
HB 2056 | Housing Guarantee Fund
HB 2056 expands eligibility for the loan guarantee program at Oregon Housing and Community Services from housing for persons with very low income to also include housing for persons with low or moderate income. The bill also directs interest earnings to remain in the fund and updates the program to include land acquisition and homeownership. HB 2056 passed both chambers unanimously.
Effective: January 1, 2020 | Chapter 576
HB 2127, HB 2136 & HB 2664 | Tax Treatment of Manufactured Dwelling Parks Transactions
HB 2127, as introduced, would have extended the sunset on the capital gains exemption for owners of manufactured dwelling parks who sell their parks to their residents, a nonprofit, or a local housing authority. The bill was later amended to remove and replace the contents with unrelated provisions. HB 2136 would have extended the sunset from 2020 to 2026 on the $5,000 refundable tax credit for residents who are displaced due to the closure of a manufactured home park. The House Human Services and Housing Committee unanimously referred the bill to the House Revenue Committee, which held a public hearing, but did not advance the bill. HB 2664 was a combination of both bills and passed the House Human Services and Housing Committee and the House Revenue Committee with a subsequent referral to the Joint Tax Expenditures Committee, where it remained upon adjournment. However, six- year extensions of both the capital gains exemption and refundable tax credit were included in an omnibus tax expenditure bill, HB 2164 (see page 116).
HB 2130 & SB 192 | Property Tax Exemption Sunset Dates
See the Tax and Finance section on page 115.
HB 2142 | Tax Exemption for Cemetery or Crematory Land Used to Low Income Housing
Current statute provides a property tax exemption for cemetery or crematory land and specifies that when land ceases to be held exclusively for that purpose, taxes are due in an amount equal to what would have been due for the last 10 years had the property not been exempt from taxation. However, the property continues to be exempt from taxation if the property is used for at least 10 years for low income housing that is exempt from taxation. HB 2142 would have required that such land be used for low income housing for at least 20 years to be eligible for the exemption for paying taxes on ceasing to use the land as a cemetery or crematory. HB 2142 was referred to the House Human Services and Housing Committee, but did not receive a hearing.
HB 2228 | Local Government Technical Assistance Program for Needed Housing
HB 2228 proposed allocating $2.5 million to Oregon Housing and Community Services, in coordination with the Department of Land Conservation and Development, League of Oregon Cities, and Association of Oregon Counties, to provide technical assistance to develop and implement housing plans. The House Human Services and Housing Committee unanimously referred the bill to the Joint Ways and Means Committee, where it remained upon adjournment.
City of Portland, Oregon 2019 State Legislative Report HOUSING AND HOMELESSNESS | 68
HB 2285 | Residential Property Receivership
HB 2285 revises receivership proceedings, including specifying that a city or county may obtain a judgment in lieu of receivership against unsafe or insanitary unoccupied properties that meet certain other conditions. The Bureau of Development Services provided testimony in support of the bill, which passed the House 57-2 and passed the Senate unanimously.
Effective: January 1, 2020 | Chapter 191
HB 2306 | Building Permits Upon Substantial Completion of Conditions of Developments
See the Building Codes section on page 17.
HB 2312 | Property Seller Flood Risk Disclosure Statement
HB 2312 requires a seller of residential property to disclose information about flood hazards, adding the statement: “Note: Flood insurance may be required for homes in a floodplain” to the property seller disclosure form. The Portland Housing Bureau provided testimony in support of the introduced version of the bill. The A-engrossed version of the bill, initially approved by the House, proposed to add the question: “Have you ever purchased flood insurance for the property?” After the House passed the bill 54- 4, the Senate Business and General Government Committee further amended the bill and it passed the Senate 21-6. The House initially refused to concur with Senate amendments, sending HB 2312 to a conference committee. Ultimately, the Conference Committee on HB 2312 recommended that the House concur with Senate amendments and repass the bill. The House adopted the Conference Committee Report and repassed the bill 48-11.
Effective: January 1, 2020 | Chapter 584
HB 2374 | Tax Credit for Newly Constructed Single-Family Residential Dwellings
HB 2374 would have created an income tax credit for fifty percent of eligible costs for the construction of new single-family residential dwellings that are sold for a qualified price to a qualified purchaser. The bill would have required that a dwelling be constructed at a cost between $100 to $120 per square foot and specified a qualified purchaser as an individual with an income below 120 percent of the area median income. The bill would have set a cap on total use of the tax credit to $10 million and required the taxpayer to obtain a certificate of eligibility from Oregon Housing and Community Services. The bill had a public hearing in the House Revenue Committee, but remained in committee upon adjournment.
HB 2423 | Small Home Specialty Code
See the Building Codes section on page 18.
HB 2461 | Temporary Stay of Eviction for Low-Income Veterans
HB 2461 would have created a stay of eviction for non-payment of rent for low-income veterans. The bill also would have directed the Department of Veterans’ Affairs to maintain a referral list of benefit programs to assist low-income veterans in maintaining housing stability. The bill was referred to the House Judiciary Committee, but did not receive a public hearing.
City of Portland, Oregon 2019 State Legislative Report HOUSING AND HOMELESSNESS | 69
HB 2477 | Purchase of Redemption Rights
HB 2477 would have required the purchaser of real property who intends to acquire redemption rights to include a warning in the deed transferring the property. The bill received a public hearing in the House Judiciary Committee, but did not advance.
HB 2485 | Adoption of Restated Declaration and Bylaws for Condominiums
HB 2485 makes technical changes and updates the procedures for filing condominium bylaws. The bill clarifies existing procedures, closes gaps between types of filings and required supporting documentation, and allows the Oregon Real Estate Agency to utilize an online filing procedure when the necessary platform is available. HB 2485 passed both chambers unanimously.
Effective: January 1, 2020 | Chapter 69
HB 2528 | Calculation of Prorated Rent for Residential Tenancies
HB 2528 would have required that prorated rent must be calculated based on full days of the tenant’s occupancy. The bill was referred to the House Human Services and Housing Committee, but did not receive a public hearing.
HB 2530 | Housing for Veterans
HB 2530 requires notices to renters and homeowners regarding termination of tenancy to include information about assistance that may be available to veterans. The bill also directs the Department of Veterans’ Affairs and Oregon Housing and Community Services to provide a report to the Legislature on veterans’ housing programs. HB 2530 passed both chambers unanimously.
Effective: January 1, 2020 | Chapter 405
HB 2540 | Repeal of Preemption on Rent Control by Cities
HB 2540 would have exempted cities with a population over 200,000 from the statutory preemption on rent control. The bill also would have required cities with a population of 200,000 or fewer to adopt an ordinance or resolution to establish local standards to promote housing stability and would have allowed such ordinances or resolutions to control rent amounts and increases. The bill was referred to the House Human Services and Housing Committee, but did not receive a public hearing.
HB 2662 | Affordable Housing Preference for Direct Care or Human Service Workers
HB 2662 would have directed Oregon Housing and Community Services, when certifying tax credits for affordable housing loans, to give priority to projects that develop affordable housing for vulnerable populations. This includes employees of sponsoring entities who are direct care or human service workers. The bill would have applied to loans on or after January 1, 2020. The bill had a public hearing in the House Housing and Human Services Committee, but did not advance.
City of Portland, Oregon 2019 State Legislative Report HOUSING AND HOMELESSNESS | 70
HB 2663 | Internal Conversion of Single-Family Dwellings
See the Building Codes section on page 19.
HB 2764 | Criminal History in Applications for Tenancy
HB 2764 would have prohibited a landlord from questioning an applicant for a residential tenancy regarding criminal conviction or charging history prior to screening the applicant. The bill was referred to the House Human Services and Housing Committee, where it did not receive a hearing.
HB 2796 | Development of Needed Housing on Degraded Wetlands
See the Environment section on page 54.
HB 2802 | Homeownership Repair and Rehabilitation Program
HB 2802 would have established and funded two programs within Oregon Housing and Community Services: $13 million for a Homeownership Repair and Rehabilitation Program and $2 million for a Healthy Homes Program. The former would have provided grants to entities with programs that assist low income households with repair and rehabilitation of residences. The latter program would have developed methods for addressing home health hazards and provided loans for organizations addressing housing health hazards. The bill was unanimously referred by the House Human Services and Housing Committee to the Joint Ways and Means Committee, where it remained upon adjournment.
HB 2811 | Tax Exemption for Sale of Real Property for Affordable Housing
HB 2811 would have established a tax exemption for proceeds from the sale of market rate rental housing to a housing authority or community development corporation. The exemption would have applied to tax years 2020 through 2022. The House Revenue Committee held a public hearing on HB 2811, but did not advance the bill.
HB 2812 | Home Ownership Assistance Program
HB 2812 expands the use of Home Ownership Assistance Program funds administered by Oregon Housing and Community Services to serve households up to 100 percent of the area median income (AMI). This change from the previous statutory limit of 80 percent of AMI was established in HB 4007 in the 2018 session, but certain statutory references to the change had been omitted from the bill. HB 2812 passed both chambers unanimously.
Effective: January 1, 2020 | Chapter 88
HB 2893 | Advisory Committee on Manufactured Housing
HB 2893 would have established an advisory committee on manufactured housing within Oregon Housing and Community Services. The House Human Services and Housing Committee unanimously referred the bill to the Joint Ways and Means Committee, where it did not advance further. However, HB 2893 was incorporated into another bill on manufactured housing, HB 2896 (see page 71).
City of Portland, Oregon 2019 State Legislative Report HOUSING AND HOMELESSNESS | 71
HB 2894 | Loans for New Energy Efficient Manufactured Dwellings
HB 2894 would have allocated $2 million to establish a fund administered by Oregon Housing and Community Services to provide supplementary loans for new energy efficient manufactured dwellings. The bill was unanimously referred by the House Human Services and Housing Committee to the Joint Ways and Means Committee, where it remained upon adjournment. However, content of HB 2894 was incorporated into HB 2896, which became law (see below).
HB 2895 | Grants for Decommissioning and Disposing of Manufactured Dwellings
HB 2895 would have allocated $500,000 to establish a grant fund at Oregon Housing and Community Services for decommissioning and disposing of manufactured dwellings. The House Human Services and Housing Committee unanimously referred the bill to the Joint Ways and Means Committee, where it remained upon adjournment. However, content from HB 2895 was added via amendments to HB 2896, which became law (see below).
HB 2896 | Loans to Support Manufactured Dwelling Park Preservation and Affordability
HB 2896 became an omnibus bill, combining elements of several manufactured housing bills. As introduced, the bill includes $9.5 million for a new loan fund at Oregon Housing and Community Services (OHCS) to help a housing authority, nonprofit, or a resident-owned cooperative purchases a manufactured home park. The bill was amended into add elements of other manufactured housing bills including $3 million for developing infrastructure at a manufactured home park in Springfield (previously SB 1024) and allocates $2.5 million for three purposes: establishment of an advisory committee on manufactured housing within OHCS (previously HB 2893); a new loan fund at OHCS to provide supplementary loans for new energy efficient manufactured dwellings (previously HB 2894); and a new grant fund at OHCS for decommissioning and disposing of manufactured dwellings (previously HB 2895). HB 2896 passed both chambers unanimously.
Effective: September 29, 2019 | Chapter 595
HB 2916 | Transitional Housing Accommodations
HB 2916 removes the two-parcel limit on transitional housing accommodations within a municipality. The bill also provides a non-exclusive list of the types of shelter, including yurts, cabins and huts and removes the requirement for parking facilities and walkways. HB 2916 changes the roles of certain state agencies’ oversight of transitional housing accommodations, including removing the application of the recreation park specialty code to shared facilities and removing the Department of Consumer and Business Services’ authority to apply specialty code to transitional housing accommodations. Additionally, the Oregon Health Authority can develop best practices for shared health and sanitation facilities for transitional Housing accommodations. The City of Portland joined a letter with the League of Oregon Cities and the City of Medford supporting the bill. The Joint Office of Homeless Services also provided testimony in support. The bill passed the House 54-2, passed the Senate 24-2, and the House concurred with Senate amendments 56-2.
Effective: June 17, 2019 |Chapter 411
City of Portland, Oregon 2019 State Legislative Report HOUSING AND HOMELESSNESS | 72
HB 2949 | Manufactured and Mobile Home Property Tax Exemption Cap
HB 2949 allows Multnomah and Washington counties to set the cap for a property tax exemption for manufactured and mobile homes above the current statutory limit of $34,000. The bill also allows either county to implement a partial exemption for manufactured and mobile homes, instead of a full exemption above the current statutory limit. The bill passed the House 56-1, passed the Senate unanimously, and the House concurred with Senate amendments 56-3.
Effective: September 29, 2019 | Chapter 533
HB 2959 | Offensive Littering
See the Public Safety section on page 105.
HB 2982 | Abandoned Residences
HB 2982 would have authorized a local official to make a determination that a property in default is abandoned. Upon receipt of a determination of abandonment, the bill would have required an interest holder to take reasonable steps to verify the abandonment and reasonable efforts to abate any neglect and then monitor and maintain the property to be free from neglect while abandoned. The bill would have authorized a local government to assess a fine of up to $1,000 per day for noncompliance. The House Judiciary Committee held a public hearing on HB 2982, but did not advance the bill.
HB 2997 | Inclusionary Housing Exemption for Continuing Care Residential Communities
As introduced, HB 2997 proposed to authorize the City of McMinnville to implement a pilot inclusionary housing program for multiple-structure housing developments. The existing statutory authorization for cities and counties to implement inclusionary housing requirements is restricted to multifamily structures of at least 20 units. That version of the bill passed the House 51-8. However, the bill was amended by the Senate Housing Committee to remove the pilot program authorization and instead establish a conditional exemption from inclusionary housing requirements for Continuing Care Residential Communities (CCRCs) that record a covenant specifying that the CCRC must comply with city or county inclusionary housing requirements if units within the CCRC are converted to another residential use. The Senate approved the amended bill 21-5 and the House repassed the bill 34-24.
Effective: January 1, 2020 | Chapter 412
HB 3018 | Allowing Development on Lots Zoned to Allow Single-Family Dwellings
See the Land Use section on page 84.
HB 3094 | Home Weatherization, Retrofit, and Affordability Program
HB 3094 would have established the Home Weatherization, Retrofit and Affordability Program at Oregon Housing and Community Services to provide incentive payments to contractors performing energy efficiency and weatherization improvements on residential structures. The Bureau of Planning and Sustainability provided testimony in support of the bill. The House Energy and Environment Committee referred the bill to the Joint Ways and Means Committee, where it remained upon adjournment.
City of Portland, Oregon 2019 State Legislative Report HOUSING AND HOMELESSNESS | 73
HB 3181 | Expungement of Eviction Records
HB 3181 would have authorized defendants in an eviction action to make a motion for setting aside and sealing a judgment if at least five years have passed, the judgment was part of a stipulated agreement that had been satisfied, or the judgment was a judgment of dismissal or entered in the defendant’s favor. The bill was referred to the House Judiciary Committee, but did not receive a public hearing.
HB 3184 | Study of Residential Vacancy Tax to Fund Affordable Housing
HB 3194 would have directed the Department of Revenue (DOR) to study the imposition and administration of a residential vacancy tax to fund affordable housing. The bill would have required DOR to consult with Oregon Housing and Community Services in conducting the study and to report back to the Legislature by September 15th, 2020. The House Human Services and Housing Committee referred the bill without recommendation to the House Revenue Committee, but it did not advance further.
HB 3264 | Manufactured Dwelling Park Landlord Disclosures
In addition to disclosures already required, HB 3264 would have required landlords of manufactured dwelling parks to disclose to Oregon Housing and Community Services (OHCS) information about: the dates the park was established and purchased, names and addresses of anyone authorized to manage the park premises, the number of manufactured dwellings moved into or out of the park the preceding year, rent amounts, services or utilities included in the rent, and any other information requested by OHCS and required by rule. HB 3264 was referred to the House Human Services and Housing Committee, but did not receive a hearing.
HB 3349 | Mortgage Interest Deduction Reform
HB 3349 would have amended the mortgage interest deduction to only apply to a taxpayer’s principal residence, capped the income tax deduction for households at or above $250,000 adjusted gross income (AGI), and phased out the deduction starting at households with $200,000 AGI. The bill passed the House Human Services and Housing Committee and was referred to the House Revenue Committee where it received a public hearing, but remained in committee upon adjournment.
HB 3359 | Vacation Occupancy Task Force
HB 3359 would have established an eleven-member Vacation Occupancy Task Force charged with studying and making recommendations on regulation of vacation occupancies, including consideration of impacts on housing availability and affordability as well as economic development. The Task Force would have been comprised of legislators and industry, housing, city, and county representatives. The bill was unanimously referred by the House Human Services and Housing Committee to the Joint Ways and Means Committee, where it remained upon adjournment.
HB 3396 | Radon Testing
See the Building Codes section on page 20.
City of Portland, Oregon 2019 State Legislative Report HOUSING AND HOMELESSNESS | 74
HB 3432 | Construction Defects
See the Building Codes section on page 20.
HB 5005 | General Obligation Bonds: Permanent Supportive Housing
See the State Budget section on page 109.
City of Portland, Oregon 2019 State Legislative Report HUMAN SERVICES | 75
SB 1 | System of Care Advisory Council
SB 1 establishes a 25-member System of Care Advisory Council to improve the effectiveness and efficacy of state and local systems of care that provide services to youth by providing a centralized and impartial forum for statewide policy development and planning. The bill also provides a framework for the establishment of interdisciplinary teams to serve youth who need specialized treatment. The bill passed both chambers unanimously.
Effective: January 1, 2020 | Chapter 616
SB 159 | Foster Youth Success Centers
SB 159 would have directed the Higher Education Coordinating Commission to establish success centers for Foster Youth Promise Students in public universities. A Promise Student is a student enrolled at an Oregon community college or public university who is entitled to a tuition waiver. The bill passed the Senate Education Committee and was referred to the Joint Ways and Means Committee, where it remained upon adjournment.
SB 745 | Independent Living Program
The Independent Living Program (ILP) provides training and classes to youth from foster care to prepare them to live independently. SB 745 would have directed the Department of Human Services (DHS) to conduct annual meetings with wards of the state, at or above 14 years old, to inform them about their eligibility for an ILP program. The bill also would have allocated $8.5 million to DHS to fund ILP services. The bill passed the Senate Human Services Committee and was referred to the Joint Ways and Means Committee, where it remained upon adjournment.
HB 2032 | Agency Pilot Programs
HB 2032 creates pilot programs across multiple agencies: 1) the Temporary Assistance for Needy Families (TANF) Housing Pilot Program within Oregon Housing and Community Services; 2) the Mental Health and Behavioral Health Pilot Program at the Oregon Health Authority; and 3) the Education and Training Pilot Program in the Department of Human Services. The bill sets goals, criteria, procedures, and reporting requirements for each of the pilots, sunsets the pilots on July 1, 2022, and allocates funding to each pilot. The bill passed both chambers unanimously.
Effective: July 23, 2019 | Chapter 574
HB 2245 | Temporary Assistance for Needy Families (TANF) Savings
HB 2245 would have directed the Department of Human Services to use any savings in the Temporary Assistance for Needy Families (TANF) program to increase grants or investments in the Job Opportunity and Basic Skills (JOBS) program. The bill had a public hearing in the House Human Services and Housing Committee, but did not advance.
HB 2270 | Tobacco Tax Increase
See the Tax and Finance section on page 117.
City of Portland, Oregon 2019 State Legislative Report HUMAN SERVICES | 76
HB 2332 | Governor's Child Foster Care Advisory Commission
HB 2332 would have provided funding to the Governor's Child Foster Care Advisory Commission to reimburse necessary travel and other expenses and required the Governor to provide staff support to the Commission. The bill passed the House Human Services and Housing Committee and was referred to the Joint Ways and Means Committee, where it remained upon adjournment.
HB 2508 | Grants to Refugee Assistance Agencies
HB 2508 requires the Department of Human Services (DHS) to award grants to Refugee Resettlement Agencies for specified services including applications for assistance, transportation to appointments with departments, navigating health care and mental health systems, setting up utilities, issues with landlords, and navigating the legal system. HB 2508 passed the House 55-3 and passed the Senate 27-2.
Effective: July 23, 2019 | Chapter 589
HB 2571 | Tuition Waivers for Foster Children
HB 2571 allows current and former foster youth under the age of 25 to receive tuition and fee waivers at an institution of higher education. The bill passed both chambers unanimously.
Effective: June 4, 2019 | Chapter 208
HB 2662 | Affordable Housing Preference for Direct Care or Human Service Workers
See the Housing and Homelessness section on page 69.
HB 2805 | Oregon Youth Aging Out of Foster Care Task Force
HB 2805 would have created the Oregon Youth Aging Out of Foster Care Task Force. The statewide task force would have included members with lived experience, state agencies, and nonprofit providers and would have worked to identify effective strategies and approaches to support transitional housing for youth aging out of the foster care system. The City of Portland provided testimony in support of the bill, which had a public hearing in the Housing Human Services and Housing Committee, but did not advance.
HB 3063 | Declining Immunizations
See the Health Care and Benefits section on page 61.
HB 3240 | Child Care Facilities Zoning and Tax Credit
See the Land Use section on page 84.
HB 5026 | Department of Human Services (DHS) Budget
See the State Budget section on page 109.
City of Portland, Oregon 2019 State Legislative Report INFRASTRUCTURE | 77
SB 254 & HB 2323 | Levee Project Subaccount Eligible Grant Recipients
SB 254 would have allowed the Infrastructure Finance Authority at Business Oregon to administer more grants through the levee subaccount and expanded the entities that are eligible to receive grant funding for levee projects to all public bodies. HB 2323 was introduced as a companion bill in the House Veterans and Emergency Preparedness Committee, but did not advance. An amendment to SB 254 changed the maximum percent of a total levee project cost that may be funded by a grant from 85 to 80 percent. The Bureau of Environmental Services provided testimony in support of the bill and the subsequent amendment, which passed the Senate Environment and Natural Resources Committee and was referred to the Joint Ways and Means Committee, where it remained upon adjournment. However, these policy changes were incorporated into Section 34 in the omnibus lottery bond bill, HB 5030 (see page 110).
SB 431 & HB 2008 | Urban Flood Safety and Water Quality District
SB 431 creates an urban flood safety and water quality district to manage and improve the levee system in a portion of Multnomah County within the Metro urban growth boundary. The new district will dissolve the four current drainage districts within its jurisdiction and assume the duties, assets, and liabilities of the dissolved districts under a new governing board. The Bureau of Environmental Services provided testimony in support of the bill. HB 2008 was introduced as a companion bill in the House Veterans and Emergency Preparedness Committee, but did not advance. SB 431 passed the Senate unanimously, passed the House 56-1, and reflects a consensus reached by stakeholders, including the City of Portland. Additionally, $500,000 was allocated to the Levee Ready Columbia coalition through the end-of-session budget reconciliation bill (see HB 5050 on page 111).
Effective: September 29, 2019 | Chapter 621
SB 432 & HB 2324 | Funding for Levee Improvement Projects
SB 432 would have provided funding for planning and construction of levee improvement projects, including an allocation of $10 million in lottery bonds for the Levee Project Subaccount of the Special Public Works Fund. HB 2324 was introduced as a companion bill in the House Veterans and Emergency Preparedness Committee, but did not advance. The Bureau of Environmental Services provided testimony in support of the SB 432, which passed the Senate Environment and Natural Resources Committee and was referred to the Joint Ways and Means Committee, where it remained upon adjournment. Though the bill did not advance, $15 million was allocated to a newly established Levee Project Grant Fund in Section 33 of the omnibus lottery bond bill, HB 5030 (see page 110).
SB 607 | Baseball Tax Revenues
SB 607 would have repealed the authorization for using incremental baseball tax revenues – Oregon personal income tax revenues generated by Major League Baseball professional athletes – to finance a baseball stadium in the City of Portland. The bill was referred to the Senate Finance and Revenue Committee, but did not receive a hearing.
HB 2085 | High Hazard Dam Safety
See the Water and Wastewater section on page 140.
City of Portland, Oregon 2019 State Legislative Report INFRASTRUCTURE | 78
HB 2306 | Building Permits Upon Substantial Completion of Conditions of Developments
See the Building Codes section on page 17.
HB 2810 | James Beard Public Market
HB 2810 would have allocated $400,000 to the Historic Public Market Foundation to be used for predevelopment expenses for the James Beard Public Market. The bill received a public hearing in the House Economic Development Committee, but did not advance. However, $400,000 was allocated to the James Beard Public Market in the end-of-session budget reconciliation bill (see HB 5050 on page 111).
HB 5005 | General Obligation Bonds
See the State Budget section on page 109.
HB 5030 | Lottery Bonds: Levee Grant Program
See the State Budget section on page 110.
HB 5050 | Budget Reconciliation: Critical Energy Infrastructure Hub, James Beard Public Market
See the State Budget section on page 111.
City of Portland, Oregon 2019 State Legislative Report L A N D U S E | 79
SB 8 | Attorney Fees to Prevailing Respondent in Land Use Appeals of Affordable Housing
SB 8 specifies that the Land Use Board of Appeals shall award reasonable attorney fees to a prevailing respondent that is the applicant or local government upon affirming a quasi-judicial land use decision approving an application that is only for the development of publicly supported housing. SB 8 passed both chambers unanimously.
Effective: January 1, 2020 | Chapter 221
SB 10 | Mandatory Residential Density Allowances Near Transit Service
SB 10 would have mandated that cities allow greater residential densities near frequent transit lines. In the Portland metropolitan region, the bill proposed to require cities to allow residential densities of at least: 45 units per acre within one-half mile of frequent transit lines, 75 units per acre within one-quarter mile of frequent transit lines, 140 units per acre within one-quarter mile of MAX stations, and 25 percent greater density than otherwise allowed on January 1, 2020 within one-quarter mile of MAX stations. The Bureau of Planning and Sustainability provided testimony raising concerns about the bill to the Senate Housing Committee, which referred SB 10 without recommendation to the Senate Rules Committee. The Senate Rules Committee held a public hearing on a proposed -3 amendment that would have scaled back the density requirements and exempted all cities in the Portland metropolitan region and cities outside the metropolitan area with a population under 60,000 from the requirements of the bill. However, SB 10 remained in the Senate Rules Committee upon adjournment.
SB 34 | Industrial Site Readiness Program
See the Economic Development section on page 28.
SB 48 | Historic Property Special Assessment
SB 48 proposed to extend the Special Assessment of Historic Property Program from July 1, 2020 to July 1, 2023. The program provides a 10-year property tax special assessment for rehabilitation of historic properties. The Bureau of Planning and Sustainability provided testimony in support of the bill. SB 48 was approved unanimously by the Senate Environment and Natural Resources Committee and the Senate Finance and Revenue Committee, with a subsequent referral to the Joint Tax Expenditures Committee, where it remained upon adjournment. However, an omnibus tax expenditure bill, HB 2164 (see page 116), extended the Special Assessment of Historic Property Program by two years to July 1, 2022.
SB 92 | Island Annexation Authority and Ramp-Up to Full Taxation Upon Annexation
Statute previously required that a city offer at least three years, but no more than 10 years, to ramp up from the tax rate for an area being annexed. SB 92 authorizes a city to provide for up to a 20-year ramp- up to full taxation of property that is annexed into the city. The bill also allows the boundary of another city to qualify as a portion of the boundary surrounding territory to be annexed for purposes of an “island annexation.” SB 92 passed both chambers unanimously.
Effective: January 1, 2020 | Chapter 315
City of Portland, Oregon 2019 State Legislative Report L A N D U S E | 80
SB 331 | Buildable Lands Inventory Consideration of Income Levels and Gentrification
SB 331 would have required local governments to demonstrate a 20-year buildable land supply within the urban growth boundary for housing price ranges and rent levels affordable to households at a variety of income levels, including low, very low, and extremely low incomes. The bill also would have required the local government when completing its buildable land inventory to demonstrate consideration of the impact of residential infill or redevelopment on neighborhood gentrification. The bill received a public hearing in the Senate Housing Committee, but did not advance.
SB 334 | Urban Growth Boundary Expansions for Workforce Housing
SB 334 would have required a local government to expand its urban growth boundary upon petition by a landowner if their property is in an urban reserve, can be served by urban services within two years, and the owner records a covenant to restrict the property’s use for “workforce housing” and “workforce commercial” for at least 60 years. SB 334 was referred by the Senate Housing Committee without recommendation to the Senate Rules Committee, where it remained upon adjournment.
SB 365 | Cannabis-Related System Development Charges and Medical Statute Clarification
See the Cannabis section on page 21.
SB 524 | Washington County Rural Reserves
SB 524 would have designated certain rural reserve lands in Washington County as urban reserves. The bill was referred to the Senate Environment and Natural Resources Committee, but did not receive a hearing.
SB 529 | Suspension of Zoning Ordinances and UGB Expansions in ‘Housing-Limited Cities’
SB 529 would have defined a city or metropolitan service district (Metro) that has a rental vacancy rate of less than four percent or that experiences a reduction in the population of ethnic and racial minorities of more than three percent in a five-year period as a “housing-limited city.” The bill would have authorized housing-limited cities to suspend for up to five years comprehensive plan provisions, land use regulations, or ordinances restricting housing and authorized housing-limited cities to rezone properties to allow housing or increase housing densities notwithstanding comprehensive plan provisions or land use regulations. It also would have allowed housing-limited cities to expand the urban growth boundary by up to 200 acres or two percent of the area within the urban growth boundary without review by the Land Conservation and Development Commission. SB 529 was referred to the Senate Housing Committee, where it did not receive a hearing.
City of Portland, Oregon 2019 State Legislative Report L A N D U S E | 81
SB 534 | Development on Lots Zoned to Allow Single-Family Dwellings
SB 534 requires cities with a population over 25,000 to allow development of at least one dwelling on each platted lot zoned to allow single-family dwellings. The requirement applies to applications for development of a dwelling unit filed on or after March 1, 2020. The bill allows prohibitions on development if the lot is constrained by natural hazard risks or natural resource protections or if the city determines the lot cannot be adequately served by water, sewer, stormwater drainage, or streets, or will not be adequately served at the time the development is complete. It also specifies that a city may impose reasonable regulations relating to siting and design. The Bureau of Planning and Sustainability provided testimony in opposition to the bill in the Senate Housing Committee, House Human Services and Housing Committee, and House Rules Committee. The bill was amended by each committee and initially passed the Senate 27-3 before passing the House 41-18 and then repassing the Senate 25-2.
Effective: January 1, 2020 | Chapter 623
SB 569 | Urban Growth Boundary Expansions for Needed Housing
SB 569 would have allowed a local government to expand its urban growth boundary (UGB) for needed housing outside the normal expansion process if the local government determines that in the preceding year the number of new households within its jurisdictions exceeded the number of new housing units and that the average monthly vacancy rate within the jurisdiction did not exceed six percent. The bill also would have required all owners of subject properties to consent to the expansion and would have specified that all such land brought within the UGB is annexed to the city adjacent to the land. SB 569 was referred to the Senate Housing Committee and did not receive a public hearing.
SB 570 | Land Use Planning Goals Waiver to Establish and Maintain Supply of Employment Lands
SB 570 would have authorized local governments to waive the requirements of any statewide land use planning goal to establish and maintain a five-year supply of employment lands. SB 570 was referred to the Senate Environment and Natural Resources Committee, where it did not receive a public hearing.
SB 927 | Historic Resources Designation and Protection Authority
SB 927 would have: 1) established a framework for local governments to inventory, designate, and protect historic resources; 2) prospectively decoupled local protections from National Registry of Historic Places listings; and 3) repealed the statutory requirement for owner consent of local historic property designations. The Bureau of Planning and Sustainability provided testimony in support of the bill and a proposed technical -3 amendment to the Senate Environment and Natural Resources Committee. A proposed -2 amendment would have removed the repeal of the owner consent statute from the bill. SB 927 was referred without recommendation on a party-line vote by the Senate Environment and Natural Resources Committee to the Senate Rules Committee, where it did not advance further.
SB 929 | Historic Building Rehabilitation Tax Credit and Rebate
See the Tax and Finance section on page 114.
City of Portland, Oregon 2019 State Legislative Report L A N D U S E | 82
SB 1012 | Marijuana Production Land Use Compatibility Statement Requirements
SB 1012 specifies that an applicant for a recreational cannabis grow site license is not required to demonstrate a continuous registration of their grow site to qualify for an exemption from the land use compatibility statement (LUCS) requirement. The measure applies to license applications received before, on, or after June 4, 2019. SB 1012 passed the Senate 21-6 and passed the House 45-10.
Effective: June 4, 2019 | Chapter 254
SB 1050 & SB 336 | Removal of 10-Year Limitation on Subsequent Purchasers
SB 1050 would have removed the 10-year limitation on subsequent owners subdividing or partitioning and establishing a dwelling on property with a final Measure 49 order. The bill received a public hearing in the Senate Rules Committee, but did not advance. An identical bill, SB 336, was also introduced but did not receive a public hearing.
HB 2001 | Requirement to Allow Middle Housing in Areas Zoned for Single-Family Dwellings
HB 2001 requires cities and counties in the Portland metropolitan region, and cities outside the region with a population of at least 10,000, to permit development of a duplex on each lot that allows for development of a detached single-family house. It also requires cities and counties in the Portland metropolitan region, and cities outside the Metro region with a population of at least 25,000, to permit development of all middle housing types (townhouses, duplexes, triplexes, quadplexes, and cottage cluster apartments) in areas zoned to allow for detached single-family dwellings. Cities such as Portland must implement these requirements by June 30, 2022; otherwise local governments are required to directly apply a model ordinance that will be established by the Land Conservation and Development Commission. HB 2001 amends the existing statutory requirement for allowing at least one accessory dwelling unit for each single-family dwelling to specify that cities and counties may not impose requirements for occupancy or off-street parking except for imposing such requirements when regulating vacation occupancies. It also revises the factors for calculation of needed housing by local governments and calculation of housing capacity by Metro and local governments. The bill requires the Building Codes Division to establish standards for municipalities to allow alternate approval of construction for conversion of existing single-family dwellings into no more than four residential dwelling units. It also makes void and unenforceable the recording of deed covenants that allow development of a single-family dwelling but prohibit development of middle housing or an accessory dwelling unit. HB 2001 as introduced included provisions that were subsequently removed that would have: 1) prohibited local governments from collecting system development charges (SDCs) for middle housing prior to issuance of a certificate of occupancy; and 2) awarded attorney fees to applicants who are a prevailing party at the Land Use Board of Appeals after their proposal to develop middle housing is denied locally. The Bureau of Planning and Sustainability provided testimony on the bill as introduced and testimony on proposed amendments to the House Human Service and Housing Committee. HB 2001 passed the House 43-16 and Senate 17-9.
Effective: January 1, 2020 | Chapter 639
HB 2003 | Housing Needs Analyses and Housing Production Strategies
See the Housing and Homelessness section on page 66.
City of Portland, Oregon 2019 State Legislative Report L A N D U S E | 83
HB 2075 | Development Readiness Fund
HB 2075 would have allocated $1.36 million to establish a Development Readiness Fund at the Department of Land Conservation and Development to fund local government work to implement and pursue housing and economic development statewide planning goals. The bill was unanimously referred by the House Agriculture and Land Use Committee to the Joint Ways and Means Committee for consideration, but did not advance further.
HB 2108 | Consent to Annexation for Extraterritorial Service
Current statute stipulates that a contract between a district (ORS 198.869) or city (ORS 222.115) and a landowner consenting to eventual annexation of the landowner’s property in exchange for extraterritorial service must be recorded and is binding on successive landowners. HB 2108 would have stipulated that a city or district may not require eventual consent to annexation when providing extraterritorial service. This applies if the service is provided pursuant to an intergovernmental agreement (IGA) with another local government, such a contract is not a requirement of the IGA or the comprehensive plan adopted for the area, and the extraterritorial service is for service other than water, sewer, storm water, street construction, or municipal electric utility service. HB 2108 received a public hearing in the House Agriculture and Land Use Committee, but did not advance.
HB 2110 | Private Civil Action for Trespass
See the Civil Law section on page 24.
HB 2228 | Local Government Technical Assistance Program for Needed Housing
See the Housing and Homelessness section on page 67.
HB 2322 | Statewide Planning Goal 13 (Energy Conservation)
HB 2322 would have required the Land Conservation and Development Commission to amend Statewide Planning Goal 13 (Energy Conservation) by December 30, 2021 to include policies regarding development of renewable energy. The bill also would have required establishment of an advisory committee and an interim progress report back to the Legislature. HB 2322 was referred by the House Energy and Environment Committee to the Joint Ways and Means Committee, where it remained upon adjournment.
HB 2357 | Standing in Land Use Appeals
HB 2357 would have limited standing in land use appeals to persons who reside or maintain a place of business within 25 miles of the boundary of the local government or special district and who appeared orally at the hearing, if a hearing opportunity was available. HB 2357 received a public hearing in the House Agriculture and Land Use Committee, but did not advance.
City of Portland, Oregon 2019 State Legislative Report L A N D U S E | 84
HB 2434 | Urban and Rural Reserves
HB 2434 would have required that if Metro, Multnomah County, Washington County, or Clackamas County proposes to designate land as rural reserve or urban reserve, the land must be designated if the statutory factors for consideration are decided in the affirmative. Current statute directs the county and Metro make a joint designation and that the statutory factors are not the only factors that may be considered. HB 2434 was referred to the House Agriculture and Land Use Committee and did not receive a hearing.
HB 2577 | Three Year Delay for Annexation of Residential Property
Statute requires that a city specify at least a three-year, but not more than 10-year, delay of an annexation of property zoned for, and in, residential use. HB 2577 allows the owner of such property to waive the delay, making the annexation effective immediately, and that if the property ownership is transferred, the annexation also becomes effective immediately. HB 2577 passed the House 50-4 and passed the Senate unanimously.
Effective: May 30, 2019 | Chapter 197
HB 2914 | Metro Urban Reserves
HB 2914 amends the “land use grand bargain” from 2014 (HB 4078) to remove the employment land of state significance designation from certain land brought within the urban growth boundary in the Jackson East area of Washington County. HB 2914 passed the House 56-3 and passed the Senate unanimously.
Effective: May 30, 2019 | Chapter 199
HB 3017 | Clear and Objective Standards
HB 3017 would have limited the required adoption and application of clear and objective standards for regulation of housing by local governments to only on buildable lands. The bill was referred to the House Agriculture and Land Use Committee and did not receive a hearing.
HB 3018 | Allowing Development on Lots Zoned to Allow Single-Family Dwellings
HB 3018 would have prevented cities from prohibiting the development of a single-family dwelling on lots zoned to allow single-family dwellings, except under specified circumstances. The Bureau of Planning and Sustainability provided testimony in opposition to the House Agriculture and Land Use Committee, which did not advance the bill. HB 3018 was identical to the introduced version of SB 534, which was amended and eventually passed into law (see page 81).
HB 3240 | Child Care Facilities Zoning and Tax Credit
HB 3240 would have specified that a registered or certified child care facility is a commercial use for zoning purposes. The bill also would have established tax credits for owners of child care facilities that meet specified staff training requirements or quality ratings. HB 3240 was referred to the House Revenue Committee and did not receive a hearing.
City of Portland, Oregon 2019 State Legislative Report L A N D U S E | 85
HB 3317 | Urban Growth Boundary Expansions
HB 3317 would have required a city to amend its urban growth boundary (UGB) each year to include additional buildable lands equal to the acres of buildable lands within the UGB multiplied by the annual percentage growth in a city’s population. The bill was referred to the House Agriculture and Land Use Committee and did not receive a hearing.
HB 3226 | Development Over Interior Lot Lines
HB 3226 would have required a local government to permit development over interior lot lines if the owner signs a covenant not to sell the lots or parcels separately. The bill received a public hearing in the House Agriculture and Land Use Committee, but did not advance.
HB 3242 | Sale of State Surplus Property
See the General Government section on page 59.
HB 3272 | Timelines for Land Use Board of Appeals Cases
HB 3272 provides that if the Land Use Board of Appeals denies a petitioner’s objection to the record, LUBA may establish a new deadline for the petitioner’s brief not less than 14 days from the later of the original deadline or the date of the denial. The bill initially approved by the House also would have specified that motions by a petitioner or cross-petitioner to take evidence regarding allegations of standing, unconstitutionality of the decision, ex parte contacts, or procedural irregularities must be made no later than the date the record is settled. However, the provision was removed in the Senate. HB 3272 passed both chambers unanimously.
Effective: January 1, 2020 | Chapter 447
City of Portland, Oregon 2019 State Legislative Report MEMORIALS AND RESOLUTIONS | 86
SCR 37 | Resolution to Honor Keanon Lowe
Senate Concurrent Resolution 37 recognizes and honors Keanon Lowe for his bravery and selfless actions on behalf of the Parkrose High School community. Mayor Wheeler provided testimony in support of the resolution. SCR 37 was adopted unanimously by the House and Senate.
Filed with the Oregon Secretary of State on July 1, 2019
SJM 6 | Daylight Saving Time
SJM 6 urges Congress to allow states to remain on daylight saving time year-round. The memorial was adopted by the Senate unanimously, by the House 41-16 and the Senate unanimously concurred with House amendments and readopted the resolution.
Filed with Secretary of State on June 14, 2019
SJM 7 | Green New Deal
See the Climate Change section on page #.
SJR 18 & HJR 13 | Campaign Finance Constitutional Amendment
See the Election section on page 32.
HCR 2 | Commemorating the 150th Anniversary of Lincoln High School
HCR 2 recognizes Abraham Lincoln High School as one of the oldest public secondary schools west of the Mississippi River and celebrates the many accomplishments of its students and alumni over its 150 history. The resolution was adopted by both chambers unanimously.
Filed with the Oregon Secretary of State on May 8, 2019
HCR 27 | Resolution Commemorating the Portland Thorns
The Legislature unanimously passed House Concurrent Resolution 27 to commend the Portland Thorns Football Club for its many achievements. The concurrent resolution celebrates the talent, integrity and success of the team and its players. The City of Portland provided a statement commending the Thorns for their success and contributions to the community. The resolution was adopted by both chambers unanimously.
Filed with the Oregon Secretary of State on June 3, 2019
City of Portland, Oregon 2019 State Legislative Report MEMORIALS AND RESOLUTIONS | 87
HCR 30 | Resolution in Honor of Ricky John Best
House Concurrent Resolution 30 recognizes and honors Ricky John Best for his selfless heroism on behalf of his fellow Oregonians. Colleagues at the Bureau of Development Services provided comments and Mayor Wheeler provided testimony in support of the resolution. HCR 30 was adopted unanimously by the House and Senate.
Filed with the Oregon Secretary of State on June 14, 2019
HCR 33 | Comprehensive State Water Vision
See the Water and Wastewater section on page 142.
City of Portland, Oregon 2019 State Legislative Report MENTAL HEALTH AND ADDICTION | 88
SB 1 | System of Care Advisory Council
See the Human Services section on page 75.
SB 22 | Behavioral Health Homes in Primary Care Home Program
SB 22 directs the inclusion of behavioral health homes as part of the Patient-Centered Primary Care Home Program within the Oregon Health Authority (OHA). This change is part of the integration of physical health and behavioral health services at OHA. The bill passed the Senate and House unanimously.
Effective: January 1, 2010 | Chapter 536
SB 24 | Fitness to Proceed Process
Statute provides that if a court finds a defendant is dangerous to themselves or others, or that the services and supervision necessary to restore the defendant’s fitness to proceed are not available in the community, the court must commit the individual to the state hospital for rehabilitation services. SB 24 makes changes to the fitness to proceed processes in ORS 161.365 and ORS 161.370 including that courts consider ordering rehabilitation in the least restrictive setting possible or finding an alternative disposition for a defendant who does not require a hospital level of care. The bill also prohibits the commitment of persons charged with violations and misdemeanors to the Oregon State Hospital unless a judge makes specific findings and requires the court to consider the community mental health provider consultation before the court’s determination.
The bill passed the Senate unanimously, passed the House 54-2, and the Senate unanimously refused to concur in the House amendments. A conference committee was convened and recommended that the bill be further amended and repassed. The House unanimously approved the bill with the conference committee amendments and the Senate adopted the Conference Committee Report and repassed the bill 26-1.
Effective: July 15, 2019 | Chapter 538
SB 133 | Behavioral Health Provider Advertisement and Compensation
SB 133 prohibits substance use, problem gambling, and other mental health services providers from accepting fees, commissions, bonuses, rebates, or other compensation for the referral of patients. The bill also prohibits these entities from making advertisements that falsely state or misrepresent the need to obtain services outside of the state and a person's eligibility to participate in a medical assistance program. The bill passed the Senate and House unanimously.
Effective: September 29, 2019 | Chapter 363
City of Portland, Oregon 2019 State Legislative Report MENTAL HEALTH AND ADDICTION | 89
SB 134 | Best Practices and Standards for Tribal-Based Mental Health and Addiction Prevention
As introduced, SB 134 would have required Coordinated Care Organizations (CCOs) to develop standards of care for behavioral health assessments. The Senate Health Care Committee adopted the -1 amendment, replacing the contents of the bill and requiring CCOs to publish on their websites best practices, care quality expectations, screening practices, treatment options, and other support resources available to educate people experiencing behavioral health disorders. The bill was further amended in the House Health Care Committee to authorize the Oregon Health Authority to establish standards to accept tribal-based health practices for mental health and substance use disorder prevention services for Native American or Alaska Native individuals. The amendment further specifies that Medicaid will reimburse for tribal-based practices, which are equivalent to evidence-based practices. The bill passed both chambers unanimously.
Effective: September 29, 2019 | Chapter 364
SB 140 & HB 2624 | Emergency Department Boarding Pilot Project
SB 140 would have established the Emergency Department Boarding Pilot Project at the Oregon Health Authority (OHA) to provide grants to hospitals to implement strategies aimed at reducing "boarding" of patients with mental illness in emergency rooms. SB 140 passed the Senate Health Care Committee and was referred to the Joint Ways and Means Committee, where it remained upon adjournment. A similar bill, HB 2624, had a public hearing in the House Health Care Committee, but did not advance.
SB 141 & HB 2621 | Statewide Mental Health Crisis Support Access Line
SB 141 would have required the Oregon Health Authority (OHA) to create a statewide mental health crisis support access line to provide a resource for staff at hospitals treating people experiencing a behavioral health crisis. OHA would have reported to the Legislature on access and barriers behavioral health care patients experience with follow-up care once discharged from an emergency department. SB 141 passed the Senate Health Care Committee and was referred to the Joint Ways and Means Committee, where it remained upon adjournment. A similar bill, HB 2621, had a public hearing in the House Health Care Committee, but did not advance. In addition to the provisions in SB 141, HB 2621 would have required the crisis support access line to contact the patient within 48 hours of their release from a hospital.
SB 297 | Emergency Commitment in Indian Country
See the Tribal Relations section on page 132.
SB 665 & HB 3277 | Opioid Overdose Response in Schools
SB 665 allows a school district to permit trained school personnel to administer naloxone and similar medications if a student overdoses at school, on school property, or at a school-sponsored activity. HB 3277 was a similar bill referred to the House Education Committee that did not advance. SB 665 passed the Senate and House unanimously.
Effective: January 1, 2020 | Chapter 375
City of Portland, Oregon 2019 State Legislative Report MENTAL HEALTH AND ADDICTION | 90
SB 763 | "Dangerous to Self or Others" for Purposes of Civil Commitment
SB 763 would have defined “dangerous to self or others” for the purposes of civil commitment as likely to inflict serious physical harm upon one’s self or others within the next 30 days and would have allowed a court to consider certain past behaviors. The bill passed the Senate Judiciary Committee and was referred to the Joint Ways and Means Committee, where it remained upon adjournment.
SB 910 | Medication Assisted Treatment Siting and Access to Naloxone Kits
A City of Portland legislative agenda priority, SB 910 increases access to medication assisted treatment and access to naloxone kits, among other provisions. Currently, state statute prohibits a methadone clinic from operating within 1,000 feet of a school or child care facility. The bill will enable the Multnomah County jail in downtown Portland to offer medication assisted treatment (methadone) to inmates. The bill will also increase access to naloxone by allowing more than one naloxone kit to be distributed at a time to social service agencies and allowing individuals to serve as secondary distributors of naloxone. Portland City Council provided testimony in support of the bill. SB 910 passed the Senate unanimously, passed the House 36-21, and the Senate concurred with House amendments 26-3.
Effective: September 29, 2019 | Chapter 470
SB 973 & HB 3281 | Behavioral Health Justice Reinvestment Program
SB 973 establishes the Improving People’s Access to Community-based Treatment, Supports and Services Program within the Oregon Criminal Justice Commission (CJC). The Program will provide grants to counties, tribes, and regional consortiums for community-based and institutional-based behavioral health services for people in crisis. The bill strengthens supports for people with serious mental illness and substance addictions to reduce arrests, incarcerations, emergency room visits, and State Hospital admissions. HB 3281 was introduced as a companion bill in the House Judiciary Committee, but did not advance. SB 973 passed the Senate unanimously and passed the House 56-1.
Effective: July 15, 2019 | Chapter 563
SB 5525 | Oregon Health Authority (OHA) Budget
See the State Budget section on page 108.
HB 2032 | Agency Pilot Programs
See the Human Services section on page 75.
HB 2215 & SB 499 | Rights of Persons with Mental Illness Who Are Committed
HB 2215 expands the rights of individuals with mental illness who are committed under the Oregon Health Authority’s jurisdiction. This includes reasonable privacy and security while resting, sleeping, dressing, and taking care of personal hygiene. SB 499 was introduced as a companion bill in the Senate Judiciary Committee, but did not advance. HB 2215 passed the House 53-6, passed the Senate 21-6, and the House concurred with Senate amendments 54-4.
Effective: April 10, 2019 | Chapter 19 City of Portland, Oregon 2019 State Legislative Report MENTAL HEALTH AND ADDICTION | 91
HB 2257 | Improving the Continuum of Care and Access to Quality Treatment
HB 2257 was introduced by the Governor’s Opioid Epidemic Task Force and was part of the City of Portland’s legislative agenda priority to improve mental health and addiction services. HB 2257 improves the continuum of care and access to quality treatment for people experiencing Substance Use Disorder (SUD). HB 2257 declares SUD as chronic illnesses; directs the Department of Corrections to study SUD treatment options for people in custody and report the findings to the State Legislature; and prohibits Coordinated Care Organizations and public payers of health insurance from requiring prior authorization for medication-assisted treatment during the first 30 days of treatment. The bill also establishes an affirmative defense for employees and volunteers of a syringe exchange program and clarifies sterile needles, syringes, and other items provided by syringe service programs are not to be considered drug paraphernalia. Portland City Council provided testimony in support of the legislation. HB 2257 was approved by the House 45-12 and approved by the Senate unanimously.
Effective: July 23, 2019 | Chapter 583
HB 2339 | Sobering Facility Grant Program
HB 2339 would have directed the Oregon Health Authority (OHA) to create a grant program to provide funding to sobering facilities, which provide intoxicated individuals a safe, clean, and supervised facility to regain sobriety. The bill also would have provided OHA criteria to direct the grants based on community need. The bill passed the House Health Care Committee and was referred to the Joint Ways and Means Committee, where it remained upon adjournment.
HB 2377 | Program Change Bill: Behavioral Health Treatment and Recovery Funding
See the State Budget section on page 108.
HB 2627 | Peer-Managed Recovery Centers
HB 2627 would have required the Oregon Health Authority to operate peer-managed recovery centers in cities with a population of 100,000 or more and specified criteria and services for the recovery centers. The bill passed the House Health Care Committee and was referred to the Joint Ways and Means Committee, where it remained upon adjournment.
HB 2638 | Alcohol and Drug Policy Commission Membership
The Alcohol and Drug Policy Commission (ADPC) is charged with producing a plan for the funding and effective delivery of alcohol and drug treatment and prevention services. HB 2638 changes and expands the membership of the ADPC to include more stakeholders from public health and health care fields. The bill also requires the ADPC Director to serve as the chair of the commission, adds social service providers to the commission and expands the definition of the program to add tribal representation. The bill passed the House and Senate unanimously.
Effective: January 1, 2020 | Chapter 54
City of Portland, Oregon 2019 State Legislative Report MENTAL HEALTH AND ADDICTION | 92
HB 2667 | OHA Adult Suicide Intervention and Prevention Coordinator
HB 2667 would have created an Adult Suicide Intervention and Prevention Coordinator position at the Oregon Health Authority to develop a statewide plan and intervention strategies on adult suicide, improve outreach to at-risk adults, and provide technical assistance to state and local entities. The bill received a public hearing in the House Health Care Committee, but did not advance.
HB 2831 & SB 789 | Peer Respite Centers
Peer respite service is voluntary, residential peer support provided in a home-like setting to individuals experiencing an acute mental illness, offered as an alternative to inpatient hospital services. HB 2831 would have allowed the Oregon Health Authority to fund up to three peer respite centers in Oregon. A similar bill, SB 789, was also introduced, but did not receive a public hearing. HB 2831 passed the House Health Care Committee and was referred to the Joint Ways and Means Committee, where it remained up adjournment.
HB 2941 | Mental Health Provider Diversity
HB 2941 would have directed the Higher Education Coordinating Commission to require programs that train mental health providers to create a plan to recruit and graduate diverse mental health providers. The bill passed the House Education Committee and was referred to the Joint Ways and Means Committee, where it remained upon adjournment.
HB 3192 | Tax on Opioid Manufacturers
HB 3192 would have established a tax on opioid manufacturers to generate resources for the prevention, treatment, and recovery for people experiencing substance use disorders. The bill did not receive a public hearing and was referred without recommendation by the House Health Care Committee to the House Revenue Committee, where it remained upon adjournment.
HB 3273 | Statewide Prescription Drug Take-Back Program
HB 3273 directs the Department of Environmental Quality (DEQ) to develop and implement a statewide prescription drug take-back program for unused and expired medication. The bill requires specified drug manufacturers to use program operators, like pharmacies, to participate in the program. Drug manufacturers covered by the bill must also pay all costs associated with participating in the program. DEQ and the Oregon Board of Pharmacy are responsible for ensuring compliance with the program. The City of Portland provided testimony in support of the bill. The bill passed the House 56-3 and passed the Senate unanimously.
Effective: September 29, 2019 | Chapter 659
City of Portland, Oregon 2019 State Legislative Report MENTAL HEALTH AND ADDICTION | 93
HB 3279 | Payment Parity for Substance Use Disorder Treatment
Part of the City of Portland’s legislative agenda priority to improve mental health and addiction services, HB 3279 would have established payment parity for services provided for substance use disorder (SUD) treatment by requiring the Oregon Health Authority to pay providers of SUD services the same as the amount for providers of mental health treatment. The City of Portland provided testimony in support of the bill. The bill passed the House Health Care Committee and was referred to the Joint Ways and Means Committee, where it remained upon adjournment.
HB 5050 | Budget Reconciliation: Community Mental Health Program Funding
See the State Budget section on page 111.
City of Portland, Oregon 2019 State Legislative Report PUBLIC CONTRACTING | 94
SB 450 | Compliance with Least-Cost Policy for Public Improvements
SB 450 modifies the conditions that must be met for fuel tax increases to occur as scheduled in 2022 and 2024. The bill also requires the Department of Transportation to withhold increased revenues from a contracting agency that is materially non-compliant with least-cost laws for construction of public improvements, until said contracting agency is determined to be materially compliant or enters into an agreement to remedy noncompliance. SB 450 passed the Senate unanimously and the House 57-1.
Effective: September 29, 2019 | Chapter 250
SB 471 | Conflict Minerals State Procurement Policy
See the General Government section on page 56.
HB 2007 | Diesel Emissions Standards
See the Environment section on page 50.
HB 2063 | Environmental Mitigation Trust Agreement
See the Environment section on page 51.
HB 2094 | Contracting Agency to Consider Whether a Bidder Owes Debt to The State
HB 2094 authorizes a contracting agency, when evaluating a bid or a proposal subject to Public Contracting Code, to consider whether the bidder or proposer owes liquidated and delinquent debt to state. HB 2094 passed the House and the Senate unanimously.
Effective: September 29, 2019 | Chapter 124
HB 2408 | Prevailing Wage Requirement for Enterprise Zones
See the Economic Development section on page 29.
HB 2415 | Administration of Contractor Pay Applications
HB 2415 requires a contracting agency, if a contract price exceeds $500,000, to place amounts deducted as retainage into an interest-bearing escrow account and directs the interest on the retainage amount that accrues from the date the payment request is approved until the date that the retainage is paid to the contractor to which it is due. Similarly, HB 2415 also requires an owner, contractor, or subcontractor, if a contract price exceeds $500,000, to place amounts withheld as retainage into an interest-bearing escrow account and directs the interest on the retainage amount that accrues from the date the payment request is approved until the date that the retainage is paid to the contractor or subcontractor to which it is due. HB 2415 passed the House 43-15 and Senate 19-9.
Effective: January 1, 2020 | Chapter 486
City of Portland, Oregon 2019 State Legislative Report PUBLIC CONTRACTING | 95
HB 2496 | 1.5% Green Energy Technology Rules for Public Improvement Contracts
See the Energy section on page 47.
HB 2592 | Omnibus Transportation Bill
See the Transportation section on page 127.
HB 2711 | Minimum Coverage Requirements for a Licensed Construction Contractor
HB 2711 would have required a licensed construction contractor to carry insurance that covers, at a minimum, tort liability to public or private parties for personal injury or property damage and required a licensee to provide the Construction Contractors Board with the insurer's written policy coverage description. The bill would have also required the court to reform an insurance policy to provide claim coverage if a policy does not provide coverage as stated by the insurer in written policy coverage description. HB 2711 had a public hearing in the House Business and Labor Committee, but did not advance.
HB 2769 | Qualification-Based Selection Process for a Public Contract
HB 2769 modifies the Qualifications-Based Selection (QBS) procurement process to allow local government contracting agencies to consider pricing proposals of the three top-ranked consultants when soliciting architectural, engineering, land surveying, photogrammetric mapping, or transportation planning services. The bill also requires the local contracting agency to state in solicitation documents what factors will be used to evaluate proposals, including pricing information and limits the weight given to a price proposal to 15 percent. HB 2769 passed both chambers unanimously.
Effective: September 29, 2019 | Chapter 55
HB 3426 | Preferences for Vending Facilities on Public Properties
HB 3426 would have limited the definition of “pubic building” or “property” to exclude convention centers, zoos, performing arts centers, or other visitor venues for the purposes of management by persons who are blind. The bill was referred to the House Economic Development Committee, but did not advance. HB 3426 was similar to HB 3431 (see below), which passed both chambers.
HB 3431 | Preferences for Vending Facilities on Public Property
HB 3431 defines "visitor venues" and exempts venues from specified priorities and preferences applicable to persons who are blind and licensed by Commission for the Blind. The bill also retains the priority applicable to vending machines located at visitor venues. The City of Portland signed a joint letter in support of the measure. HB 3431 passed the House 57-3 and passed the Senate unanimously.
Effective: June 25, 2019 | Chapter 505
City of Portland, Oregon 2019 State Legislative Report PUBLIC EMPLOYEES RETIREMENT SYSTEM | 96
SB 75 | Employer Incentive Fund (EIF) Technical Changes
SB 75 would have made technical changes to the Employer Incentive Fund (EIF), created by SB 1566 (2018). The EIF was established to encourage public employers to make extra one-time contributions to the Public Employees Retirement System (PERS). SB 75 would have: specified that interest earned by the EIF may be used to match lump sum payments made to a PERS side account; adjusted the qualifications for lump sum payments that may be matched; and authorized the PERS Board to accept qualifying applications in the order received for ninety days and create a waiting list thereafter. The bill also would have repealed on January 2, 2025 the Unfunded Actuarial Liability Resolution Program, which provides technical expertise to public employers to improve the employers’ funded status and manage contribution rates. SB 75 passed the Senate Workforce Committee and was referred to the Joint Ways and Means Committee, where it remained upon adjournment.
SB 555 | Lump Sum Payment for Individual Account Program (IAP) Distributions
SB 555 would have required PERS members to receive a lump sum payment for Individual Account Program (IAP) distributions upon retirement. The bill would have eliminated the option for a PERS member to receive installments of their IAP for retirements on or after January 1, 2021. The bill had a public hearing in the Senate Workforce Committee, but did not advance.
SB 705 | Amortization Period Selection for Employer Side Accounts
Under SB 1566 (2018), employers depositing more than $10 million in a side account may choose an amortization period of six, ten, sixteen, or twenty years. SB 705 would have allowed employers depositing $10 million or more in a side account to choose the date on which the amortization period begins. Pursuant to an adopted amendment, the bill would have also allowed the PERS Board flexibility to alter the employer-selected amortization period if the side account balance is greater than an employer’s unfunded actuarial liability. The bill passed the Senate Workforce Committee and was referred to the Joint Ways and Means Committee, where it remained upon adjournment.
SB 1049 | PERS Reform Package
SB 1049 in an omnibus Public Employees Retirement System (PERS) reform bill that: 1) redirects a portion of Individual Account Program (IAP) contributions prospectively to Employee Pension Stability Accounts; 2) changes the amortization period of the Unfunded Actuarial Liability from 20 to 22 years; 3) removes work hour limitations on PERS retirees; 4) caps final average salary for pension benefit calculations at $195,000; 5) allows participating public employers, making lump sum payments to side accounts, to choose the year in which to begin payments to offset contributions to PERS; 6) requires enhanced review of local government Pension Obligation Bond issuance; 7) provides each IAP member with a statement from the PERS Board regarding elective investment options from member accounts; and 8) capitalize the Employer Incentive Fund established by SB 1566 (2018) with net revenues from sports betting and a $100 million general fund allocation. The bill passed the Senate 16-12 and House 31-29.
Effective: June 11, 2019 | Chapter 355
City of Portland, Oregon 2019 State Legislative Report PUBLIC EMPLOYEES RETIREMENT SYSTEM | 97
HB 2417 | PERS Death Benefits
HB 2417 provides for an alternative calculation of a death benefit for the surviving spouse of a PERS member who dies before retiring. The bill passed both chambers unanimously.
Effective: January 1, 2020 | Chapter 487
HB 2838 | Reemployment of Retired Police Officers
HB 2838 would have exempted a retired police officer under PERS from the limitations on work after retirement if the retired officer is employed by a school district to provide law enforcement, security, or safety services. HB 2838 was referred by the House Business and Labor Committee without recommendation to the Joint Ways and Means Committee, where it remained upon adjournment.
HB 2861 | IAP Member Investment Choice
HB 2861 would have directed the PERS Board to provide Individual Account Program (IAP) members with written disclosure statements about investment options available under the program. The member choice would have been implemented and individual election would have begun on January 1, 2020. The bill passed the House Business and Labor Committee and was referred to the Joint Ways and Means Committee, where it remained upon adjournment. However, the provisions of the bill were included in SB 1049 (see page 96), which was approved by the Legislature this session.
HB 3123 | Statistically Based Assessment for Pension Obligation Bonds
As introduced, HB 3123 would have required public bodies to obtain an advisability assessment from an independent registered municipal advisor (IRMA) before seeking to issue pension obligation bonds (POBs). The bill was amended to direct public bodies to obtain a statistically based assessment from an independent economic or financial consulting firm, instead of an IRMA, that addresses the likely return on pension obligation bonds and to remove the advisability assessment requirement. HB 3123 also included a reporting requirement to the State Treasurer. The bill passed the House Rules Committee and was referred to the Joint Ways and Means Committee, where it remained upon adjournment. However, the provisions of the bill were included in SB 1049 (see page 96), which was passed by the Legislature.
City of Portland, Oregon 2019 State Legislative Report PUBLIC RECORDS | 98
HB 2241 | State Court Technology Fee
HB 2241 would have allowed the Chief Justice of Supreme Court to charge reasonable fees of public bodies for the cost of providing electronic filing services. The bill would have deposited the collected fees in the State Court Technology Fund and exempted state agencies from the fees. HB 2241 passed the House 31-28, but remained on the Senate floor upon adjournment.
HB 2345 | Public Records Fees
HB 2345 would have reduced public records request fees charged by state agencies by 50 percent if the requestor was a member of the news media and waived the fees entirely if the request was narrowly tailored. HB 2345 was referred to the House Rules Committee, but did not receive a public hearing.
HB 2353 | Public Records Penalties
HB 2353 authorizes the Attorney General, district attorney, or court to require a public body to pay a $200 penalty and reasonable attorney fees to a person who requested a public record upon determining that the public body failed to respond to the request or responded to the request with undue delay. The bill also allows the Attorney General, district attorney, or court granting a petition filed under this section to provide for a fee waiver or fee reduction in the order granting the petition. HB 2353 passed both chambers unanimously.
Effective: June 4, 2020 | Chapter 205
HB 2430 | Public Records Advisory Council
HB 2430 removes the sunset date of the Public Records Advisory Council (PRAC). The bill also sets two- year terms for PRAC members and allows specified members to complete three- and four-year terms that began January 1, 2018. HB 2430 passed the House 59-1 and passed the Senate unanimously.
Effective: January 1, 2020 | Chapter 107
HB 2431 | Public Records Law Compliance for State Agencies
HB 2431 would have required each state agency to submit a report to the Attorney General, the Public Records Advocate, and the public records subcommittee of the Legislative Counsel Committee on or before March 1 of each year specifying the number of requests for records received by the agency, the number of requests for records for which the agency had not completed its response within the requirements of ORS 192.329 or had not been completed within 60 days of the request, and the number of requests for a fee waiver or reduction that the agency has both granted and denied. HB 2431 passed out of the House Judiciary Committee to the Joint Ways and Means Committee, but did not advance further.
HB 3159 | Nonprofit Corporation Open and Public Meeting Requirements
See the General Government section on page 59.
City of Portland, Oregon 2019 State Legislative Report PUBLIC SAFETY | 99
SB 7 | Offenses Committed While Under the Influence
SB 7 would have lowered the percent blood alcohol level needed to prove intoxication of a vehicle driver or boat operator from .08 percent to .05 percent. The bill had a public hearing in the Senate Judiciary Committee but did not advance.
SB 180 | Safe Schools
See the Education section on page 30.
SB 383 | Officer Accountability
A City of Portland legislative agenda priority, SB 383 would have required disciplinary action ordered as a result of arbitration involving misconduct by a sworn employee of a law enforcement agency to match the disciplinary action imposed by the agency if the arbitrator makes a finding of misconduct consistent with the law enforcement agency's finding of misconduct and the disciplinary action was imposed pursuant to a discipline guide or matrix. The bill would have also made the disciplinary guide or matrix a subject of collective bargaining and applied to collective bargaining agreements entered into on or after the effective date of the bill. The Chief of Police testified in support of the bill and City Council submitted a letter in support. SB 383 passed the Senate unanimously and was referred to the House Business and Labor Committee, but did not advance further.
SB 420 | Expungement of Cannabis-Related Convictions
See the Cannabis section on page 21.
SB 423 | Psychological Screening for Law Enforcement
SB 423 requires a law enforcement agency to screen applicants for law enforcement officer positions prior to employment as a law enforcement officer. The bill specifies that a screening must be completed by a licensed mental health professional and requires the Department of Public Safety Standards and Training to develop rules for standards and procedures for screenings and qualifications of licensed mental health professionals. SB 423 passed the Senate and House unanimously.
Effective: September 29, 2019 | Chapter 078
SB 424 | Mental Health Wellness Policies for Law Enforcement
SB 424 requires law enforcement agencies to establish a mental health wellness policy for addressing mental health wellness issues related to law enforcement officers the agencies employ. SB 424 passed the Senate and House unanimously.
Effective: January 1, 2020 | Chapter 079
City of Portland, Oregon 2019 State Legislative Report PUBLIC SAFETY | 100
SB 489 | School Cyberbullying
See the Education section on page 30.
SB 501 | Gun Safety: Permits, Safe Storage, Magazine Limits, and Background Checks
SB 501 would have: 1) established the requirement for individuals to receive a permit before purchasing or receiving a firearm; 2) required the owner/possessor of a firearm to secure the firearm in a locked container or other specified methods; 3) required a report to law enforcement, within 24 hours, in the event of loss or theft of a firearm; 4) limited the capacity of magazines at five rounds of ammunition; 5) required a background check for the purchase of ammunition and limited the amount allowable to 20 rounds in a 30-day period; and 6) prohibited the sale or transfer of a firearm in the first two weeks after approval of the Oregon State Police. The bill also establishes fines and criminal penalties for noncompliance. SB 501 was referred to the Senate Judiciary Committee but did not receive a public hearing.
SB 507 & HB 2418 | Compensable Occupational Disease for First Responders
See the Employment and Labor section on page 41.
SB 577 | Hate Crimes Data
SB 577 renames “the crime of intimidation” to “a bias crime” and includes gender identity in the category of perceived characteristics of a person against whom intimidation can be committed. SB 577 also requires the Oregon District Attorneys Association and Oregon State Police to develop and implement a standardized method to record data relating to investigations, arrests, prosecutions, and sentencing of crimes motivated in whole or in part by the bias of the actor and removes current data collection requirements relating to characteristics outside those listed under the crime of intimidation statute. SB 577 passed both chambers unanimously.
Effective: July 15, 2019 | Chapter 553
SB 584 | Safe Schools to Learn
See the Education section on page 31.
SB 597 | Privacy for Victims and Witnesses on Indictment
SB 597 authorizes the use of a pseudonym, initials, or other signifier on an indictment, in lieu of the actual name of a victim of a crime alleging sexual abuse. The bill requires that a separate document containing the name be simultaneously filed confidentially, with a copy provided to defendant at arraignment. SB 597 passed the Senate and House unanimously.
Effective: January 1, 2020 | Chapter 338
City of Portland, Oregon 2019 State Legislative Report PUBLIC SAFETY | 101
SB 775 | Criminal Records Checks
SB 775 requires any criminal background check conducted by a state agency for purposes of employment be requested through Oregon State Police and states that a criminal records check conducted through the Law Enforcement Data System meets specified requirements. SB 775 also limits the liability in a claim against a public body for failure to conduct an adequate criminal record check if the criminal background check was conducted by the Oregon State Police. SB 775 passed both chambers unanimously.
Effective: January 1, 2020 | Chapter 424
SB 810 | Vulnerable Road Users
See the Transportation section on page 125.
SB 910 | Medication Assisted Treatment Siting and Access to Naloxone Kits
See the Mental Health and Addiction section on page 90.
SB 912 | Conduct Towards Children by School Employees
SB 912 would have directed school boards to adopt a policy requiring school employees to report abuse or sexual conduct by an employee against a student or by a student against another student. The bill would have also permitted a private right of action and statutory damage of $1,000 if a school employee failed to report the sexual conduct and that employee: 1) should have reasonably known that the employee or other student had engaged in sexual conduct, and 2) the school employee who failed to make a report cannot be disciplined by the Teacher Standards and Practices Commission. SB 912 was returned to the full Joint Ways and Means Committee from the Capital Construction Subcommittee, but remained in committee upon adjournment.
SB 925 | Local Regulation of Firearms
SB 925 would have authorized cities, counties, school districts, colleges and universities, metropolitan service districts, and the Port of Portland to regulate or prohibit the possession of firearms in public buildings by concealed handgun licensees. The bill would have also expanded the definition of a public building to include a building owned, occupied, or controlled by a municipal corporation, as well as the adjacent grounds. The bill was introduced in the Senate Judiciary Committee, but did not receive a public hearing.
SB 973 & HB 3281 | Behavioral Health Justice Reinvestment Program
See the Mental Health and Addiction section on page 90.
City of Portland, Oregon 2019 State Legislative Report PUBLIC SAFETY | 102
SB 978 | Omnibus Gun Safety Bill
SB 978 would have allowed cities, counties, Metro, and the Port of Portland to regulate or prohibit the possession of firearms in public buildings, defined in part as buildings “owned, occupied or controlled” by a government, and adjacent grounds by people with concealed carry licenses. The adopted -5 amendment would have explicitly cut out “parking areas” from adjacent grounds. SB 978-A would have also allowed for gun dealers to establish a minimum age to purchase a firearm; established secure storage requirements; made manufacture and possession of undetectable and untraceable firearms a crime; required hospitals to report on firearm injuries and increased concealed handgun license fees. Portland City Council submitted testimony in support. The Senate Judiciary Committee passed SB 978 on a party-line vote, but the bill was then referred from the Senate floor to the Senate Rules Committee, where it remained upon adjournment.
SB 1008 | Juvenile Offender Sentencing Reform
SB 1008 modifies the treatment of youth in the criminal justice system by requiring the transfer of physical custody of a juvenile defendant to the Oregon Youth Authority (OYA) if a juvenile defendant committed a crime before age 18, but the prosecution and conviction occurred after the juvenile defendant reached age 18 but before reaching age 20. SB 1008 also requires the court to include the age of the juvenile at the time they committed the offense within the judgment, if the physical custody of the juvenile defendant is dependent on age, and directs the court to include the earliest age of conviction for a juvenile defendant convicted of multiple offenses. SB 1008 passed the Senate 20-10 and House 40-18.
Effective: September 29, 2019 | Chapter 634
HB 2013 | Firearm Prohibition for Domestic Violence
Oregon law prohibits certain individuals, including those who are subject to court orders for abuse, stalking, intimidating, molesting or menacing, from knowingly possessing firearms or ammunition. HB 2013 allows orders restricting possession of firearms, provided an individual received notice of the opportunity to request a hearing. The bill also establishes protocols to dispossess individuals of firearms after a court makes appropriate findings. HB 2013 passed the House 43-15 and Senate 25-3.
Effective: June 4, 2019 | Chapter 201
HB 2051 | Disclosure of Tip Line Information
HB 2051 specifies that the contents of reports to a school safety tip line are not subject to disclosure in a public records request unless disclosure is in the public interest. Personally identifiable data are exempt from disclosure, but the bill specifies that personally identifiable information may be disclosed to the tip line staff, relevant educational institution, law enforcement, or service provider. HB 2051 passed the House and Senate unanimously.
Effective: September 29, 2019 | Chapter 130
City of Portland, Oregon 2019 State Legislative Report PUBLIC SAFETY | 103
HB 2204 | Reserve Officer Training Academy
HB 2204 would have directed the Criminal Justice Commission to establish a pilot program to award a grant to a law enforcement agency or local government to fund the creation and operation of a reserve officer training academy. HB 2204 passed out of the House Veterans and Emergency Preparedness Committee to the Joint Ways and Means Committee, but did not advance further.
HB 2251 | Gun Safety: Age Limit for Purchase, Transfer Restrictions, Limits to Firearm Possession
HB 2251 would have raised the minimum age for possession of a handgun or assault rifle to 21. The bill would have clarified the circumstances under which a person is prohibited from possessing a firearm when subject to certain court protective orders; created the crime of endangering a minor by allowing access to a firearm; and expanded the prohibition on firearm possession and transfer for a person convicted of this offense and certain domestic violence offenses. The bill also would have required hospitals to report data to the Oregon Health Authority regarding patients with firearm-caused injuries. HB 2251 was referred to the House Judiciary Committee, but did not receive a public hearing.
HB 2299 | Attempting to Elude a Police Officer
HB 2299 would have created mandatory minimum sentences when a person is convicted of the crime of fleeing or attempting to elude a police officer and the person, while fleeing or eluding, drove their vehicle through a residential, business, or school zone, or exceeded a posted speed limit by 30 miles per hour or more. The bill would have also increased the duration of the mandatory minimum sentence when a person had prior convictions for fleeing or attempting to elude. HB 2299 had a public hearing in the House Judiciary Committee, but did not advance.
HB 2303 | Pharmacist Dispensation of Pseudoephedrine
HB 2303 would have allowed pharmacists to prescribe and dispense pseudoephedrine products after searching the Oregon Prescription Drug Monitoring Program database starting January 1, 2020 and required the individual receiving the product to be over 18 years of age and provide government-issued photo identification. HB 2303 passed the House 33-22, was amended and passed the Senate 18-10. However, the bill remained on the House floor upon adjournment pending a concurrence vote.
HB 2327 | Statewide School Safety and Prevention System
HB 2327 would have directed the Oregon Department of Education (ODE) to establish and maintain a Statewide School Safety and Prevention System and required the System to aid school districts and education service districts in decreasing acts of harassment, intimidation, or bullying, and acts of cyberbullying through the implementation of effective prevention programs. HB 2327 passed the House Education Committee and was referred to the Joint Student Success Committee, but did not advance further.
City of Portland, Oregon 2019 State Legislative Report PUBLIC SAFETY | 104
HB 2328 | Unauthorized Use of a Motor Vehicle
HB 2328 modifies the mental state necessary to prove a person committed the crime of Unlawful Use of a Vehicle and requires the state prove a defendant knowingly took control of another's vehicle and was aware of and consciously disregarded a substantial and unjustifiable risk that the owner of the vehicle did not consent to the defendant's use of the vehicle. A person who knowingly rides in another person's vehicle without the consent of the owner or authorized user is also guilty of Unlawful Use of a Vehicle if the person knew, at the time, that the owner or authorized user did not consent to the use. HB 2328 passed the House and Senate unanimously.
Effective: January 1, 2020 | Chapter 530
HB 2401 | Profiling Data Collection
HB 2401 modifies the definition of an officer-initiated pedestrian stop for purposes of profiling data collection and removes the requirement that the stop result in citation, arrest, or search. HB 2401 passed the House and Senate unanimously.
Effective: June 11, 2019 | Chapter 305
HB 2428 | Crimes of Public Indecency
HB 2428 expands the crime of public indecency to include the act of masturbation while in, or in view of, a public place. HB 2428 passed the House 55-3 and passed the Senate unanimously.
Effective: September 29, 2019 | Chapter 065
HB 2449 | Taxes to Fund Emergency Communications
See the Tax and Finance section on page 117.
HB 2505 | Secure Storage or Cindy Yuille and Steven Forsyth Act
HB 2505 would have required owners of firearms to secure their weapons via a trigger or cable lock, or in a locked container that meets minimum specifications. The bill would have made it a Class A violation if a minor accessed an unsecured weapon when the owner knew or should have known the minor could have gained access. The owner of the firearm would have been strictly liable for any injury to a person or property caused with their firearm within four years of the violation, except in instances of lawful self- defense or defense of others. Additionally, if a firearm were to have been stolen, then the owner would have been required to report the theft to law enforcement within 24 hours or be subject to a Class B violation. Finally, HB 2505 would have established supervisory responsibilities for firearm owners for minors’ use of a firearm. The House Judiciary Committee referred the bill to the House Rules Committee without recommendation, where it remained at the close of session.
HB 2625 | Missing and Murdered Indigenous and Alaskan Native Women
See the Tribal Relations section on page 133.
City of Portland, Oregon 2019 State Legislative Report PUBLIC SAFETY | 105
HB 2657 | Violence Prevention Funding
HB 2657 would have directed the Department of Justice (DOJ) to administer a violence prevention funding program in consultation with the Attorney General's Sexual Assault Task Force. The bill passed out of the House Judiciary Committee and was referred to the Joint Ways and Means Committee, where it remained upon adjournment.
HB 2838 | Reemployment of Retired Police Officers
See the Public Employees Retirement System section on page 97.
HB 2959 | Offensive Littering
HB 2959 would have added discharging of human waste to the crime of offensive littering, a Class C misdemeanor. The bill received a public hearing in the House Judiciary Committee, but did not advance.
HB 3117 | Family Abuse Protection Act (FAPA)
HB 3117 removes the requirement that a court must find imminent danger of further abuse in order to continue a Family Abuse Prevention Act (FAPA) order under ORS 107.718. Under the bill, a court may continue any order issued under ORS 107.718 if the court finds that: the abuse has occurred within 180 days, the petitioner reasonably fears for their physical safety, and the respondent represents a credible threat to the physical safety of the petitioner or the petitioner’s child. HB 3117 passed the House and Senate unanimously.
Effective: May 22, 2019 | Chapter 144
HB 3201 | Deferred Resolution of Criminal Charges
HB 3201 prohibits diversion agreements of criminal cases under ORS 475.245 from requiring a defendant to enter a plea of “guilty” or “no contest” on any charge. The bill also requires the agreement to contain a waiver of certain constitutional rights relating to a trial if a defendant fails to fulfill the obligations of the agreement. HB 3201 passed the House 36-22 and Senate 46-13.
Effective: June 20, 2019 | Chapter 445
HB 3216 | Unlawfully Summoning a Police Officer
HB 3216 creates a civil cause of action for a person injured by another individual who unlawfully summons a police officer. The bill provides statutory damages of $250 against each defendant found liable, or special or general damages, whichever is greater and provides that a civil action may be brought in a small claims court if the total damages do not otherwise restrict jurisdiction of the court. HB 3216 passed the House unanimously and the Senate 27-1.
Effective: January 1, 2020 | Chapter 415
City of Portland, Oregon 2019 State Legislative Report PUBLIC SAFETY | 106
HB 3261 | Law Enforcement Interviews of Individuals Under 18 Years of Age
HB 3261 requires peace officers equipped with a body camera to record all custodial interviews of persons under 18 years of age in the course of investigating acts that would constitute felony and misdemeanor crimes if committed by an adult, regardless of where the interview occurs. The bill provides an exception when the person's age was unknown to the officer or would not have been objectively apparent to a reasonable officer. HB 3261 passed the House 51-6 and Senate 21-7.
Effective: January 1, 2020 | Chapter 216
HB 3329 | Minimum Age Restriction on Firearm Purchase
HB 3329 would have created an exemption in Oregon’s anti-discrimination statute that would have allowed gun dealers and persons transferring or selling firearms to establish a minimum age of 21 years for purchase of firearms, firearm components or accessories, and ammunition or components thereof, as well as for repair or service of firearms. The bill was referred by the House Judiciary Committee without recommendation to the House Rules Committee, where it remained at the end of session.
HB 3335 | Interfering with Public Transportation
Under Oregon law, an individual can commit the crime of interfering with public transportation by entering or remaining unlawfully on a public transit vehicle or in a public transit station. This is a Class C misdemeanor but can elevate to a Class A misdemeanor if the person enters or remains unlawfully and has had three or more convictions for entering or remaining unlawfully. HB 3335 would have eliminated the crime of intentionally or knowingly entering or remaining unlawfully in or on a public transit vehicle or public transit station as a way of committing the crime of interfering with public transportation. The bill received a public hearing in the House Judiciary Committee, but did not advance further.
HB 3337 | Transit Fare Enforcement
HB 3337 would have prohibited a police officer from conducting or participating in activities intended to determine whether a person had paid transit user charges, fees, or tolls. The bill received a public hearing in the House Judiciary Committee, but did not advance.
HB 3338 | Public University Police Officers
HB 3338 would have prohibited police officers commissioned by a public university in a city with a population exceeding 150,000 from carrying firearms outside designated police headquarters. The bill had a public hearing in the House Judiciary Committee, but did not advance.
HB 3419 | Prohibited Provisions in Plea Agreements
HB 3419 would have prohibited a prosecuting attorney from conditioning a plea offer on waiver of specified rights, eligibility of specified programs, and legal challenges. The bill was referred to the House Rules Committee from the House Judiciary Committee without recommendation and did not advance.
City of Portland, Oregon 2019 State Legislative Report PUBLIC SAFETY | 107
HB 3435 | Additional Permissible Periods for Fireworks Sales
HB 3435 would have established additional permissible dates for permits to sell consumer fireworks at retail. The bill would have also increased the civil penalty for most violations of fireworks laws to be a minimum of $500 and a maximum of $5,000. HB 3435 was referred to the House Judiciary Committee, but did not receive a hearing.
City of Portland, Oregon 2019 State Legislative Report STATE BUDGET | 108
SB 5512 | Oregon Housing and Community Services (OHCS) Budget
SB 5512 is the budget bill for Oregon Housing and Community Services (OHCS). The bill includes $40 million in ongoing funding for the Emergency Housing Account (EHA) and State Homeless Assistance Program (SHAP), a City of Portland legislative agenda priority, with an additional $5 million in one-time funding for EHA and $5 million in one-time funding for competitive awards for shelter projects. Portland City Council provided testimony in support of these programs as well as funding for Permanent Supportive Housing, which was included in the General Obligation bonding bill (see HB 5005 on page 109). SB 5512 also includes $1.5 million for foreclosure counseling to homeowners at risk of experiencing foreclosure. SB 5512 passed the Senate 23-4 and House 48-4.
Effective: August 8, 2019 | Chapter 642
SB 5525 | Oregon Health Authority (OHA) Budget
SB 5525 is the budget for the Oregon Health Authority (OHA). The Portland Water Bureau provided testimony in support of including Policy Option Package 418 to provide position authority for five staff to implement the fee structure revision for the OHA Drinking Water Services program proposed in SB 27 (see page 138). Investments of note include: • $31.6 million for the Behavioral Health investment package; • $13 million to increase behavioral health provider rates; • $1.9 million expenditure limitation to implement the new Drinking Water Services fee structure approved in SB 27; • $10 million for Public Health Modernization; and • $1.8 million to support the Coordinated Care Organization (CCO) 2.0 initiative.
The bill passed the Senate 25-2 and passed the House 41-10.
Effective: August 9, 2019 | Chapter 695
HB 2377 | Program Change Bill
HB 2377 is the program change bill, which makes necessary changes in statute and laws created during the 2019 session to support the 2019-21 legislatively adopted budget. Notable provisions include: • Repeal of the sunset on a portion of cannabis tax revenues to allow for the continued use of funds for mental health treatment or for alcohol and drug abuse prevention and treatment. • Transfer of $3 million from the Portland Harbor Cleanup Fund to the General Fund after other funding sources were identified (see HB 5046 on page 110).
The bill passed the House 51-4 and Senate 24-2.
Effective: August 9, 2019 | Chapter 643
City of Portland, Oregon 2019 State Legislative Report STATE BUDGET | 109
HB 5002 | Oregon Department of Agriculture (ODA) Budget
HB 5002 is the budget bill for the Oregon Department of Agriculture (ODA). The Bureau of Environmental Services provided testimony supporting funding for ODA’s Noxious Weed Control and Insect Pest Prevention and Management Programs. Notable policy option packages (POPs) approved and funded in the ODA budget include Japanese Beetle Eradication Funding (POP 320) and Invasive Species Council Base Funding (POP 380). HB 5002 passed both chambers unanimously.
Effective: July 1, 2019 | Chapter 452
HB 5005 | General Obligation Bonds
HB 5005 allocates proceeds from the issuance of general obligation bonds for specified projects. Portland City Council provided testimony in support of the City’s affordable housing and seismic retrofit legislative agenda priorities. Allocations of note in HB 5005 include: • $50 million of Article XI-Q bonds for permanent supportive housing; • $100 million of Article XI-M bonds for seismic retrofit of schools; and • $20 million of Article XI-N bonds for seismic retrofit of emergency service buildings.
The bill passed the House 54-2 and passed the Senate unanimously.
Effective: August 9, 2019 | Chapter 661
HB 5017 | Department of Environmental Quality (DEQ) Budget
HB 5017 is the budget for the Department of Environmental Quality (DEQ). The City of Portland provided testimony in support of specified DEQ policy option packages. The budget includes funding to address the Air Quality Program permit backlog, increases expenditure limitation for the Electric Vehicle Rebate program, and provides funding for the Cleaner Air Oregon program. The budget also provides funding for water quality issues, including harmful algal blooms. Notable policy option packages (POPs) approved and funded in the DEQ budget include: Oversee Electric Vehicle Rebate Program (POP 111), Reduce Wood Smoke Pollution (POP 114), Air Quality Permitting Backlog (POP 116), Implement Air Toxics Permitting Program (POP 119), Setting and Implementing Water Quality Standards (POP 122), Harmful Algae Bloom Response and Assessment (POP 123), Water Quality Permit Program Improvements (POP 127), Maintain and Enhance Oil Spill Prevention (POP 132), and Safe Transport of Hazardous Materials by Rail (POP 133). The bill passed the House 38-19 and Senate 23-4.
Effective: August 9, 2019 | Chapter 663
HB 5026 | Department of Human Services (DHS) Budget
HB 5026 is the budget for the Department of Human Services. The budget includes a 29.3 percent increase in funding for the Child Welfare Division, which includes an increase of 347 positions and $176.1 million General Fund for new case workers, a team to recruit foster parents, expansion of efforts supporting foster families, funding for caseworker legal representation, and investment in therapeutic foster care. The bill passed the House 54-4 and Senate 23-4.
Effective: August 9, 2019 | Chapter 668
City of Portland, Oregon 2019 State Legislative Report STATE BUDGET | 110
HB 5030 | Lottery Bonds
HB 5030 allocates state lottery bonds for specified projects. Portland City Council provided testimony in support of lottery bond funding of $20 million for capitalizing a grant fund for seismic retrofits of unreinforced masonry buildings (see HB 2208 on page 36), $10 million for the Levee Project Subaccount (see SB 432 on page 77), $10 million for recapitalizing the Brownfield Redevelopment Fund, and $25 million for the Southwest Corridor Light Rail Extension Project. Notable allocations in HB 5030 include $5 million for the Brownfield Redevelopment Fund and $15 million for the Levee Grant Program. Notably, the requested $25 million for SW Corridor was not included in the bill. HB 5030 passed the House 51-5 and passed the Senate unanimously.
Effective: August 9, 2019 | Chapter 671
HB 5043 | Water Resources Department (WRD) Budget
HB 5043 is the budget for the Water Resources Department (WRD). The budget continues place-based integrated water resources planning and provides funding for a second basin groundwater study team. Notable policy option packages (POPs) approved and funded in the WRD budget include Place-Based Planning Community Support (POP 101) and Groundwater Data (POP 102). HB 5043 passed the House 58- 1 and Senate 24-3.
Effective: July 15, 2019 | Chapter 535
HB 5046 | Portland Harbor Cleanup Funding
HB 5046 changes funding for various state programs, including allocating $24 million for the Portland Harbor Cleanup Fund. Of the total amount, $12 million is transferred to the Fund from the Common School Fund and $12 million is transferred to the Fund from the State Highway Fund. HB 5046 passed the House 56-3 and passed the Senate unanimously.
Effective: April 3, 2019 | Chapter 18
HB 5048 | Continuing Resolution
HB 5048 allows state agencies to continue operation at current service levels in the absence of legislatively adopted budgets for the 2019-21 biennium. The continuing resolution is effective until September 15, 2019.
Effective: July 1, 2019 | Chapter 506
City of Portland, Oregon 2019 State Legislative Report STATE BUDGET | 111
HB 5050 | Budget Reconciliation
HB 5050 is the budget reconciliation bill for the 2019 legislative session that implements the remaining parts of the state budget for the 2019-21 biennium. Governor Brown vetoed a line item in the bill that would have provided $500,000 to the Association of Oregon Counties to issue grants for plan expansions of cities’ urban growth boundaries in eastern Oregon. Allocations of note include: • $6 million for community mental health programs; • $400,000 for the James Beard Public Market; • $650,000 for upgrade of 44 EV charging stations along the West Coast Electric Highway; and • $300,000 for a risk abatement study of the Critical Energy Infrastructure Hub (in Portland) following a Cascadia subduction zone earthquake.
The bill passed the House 51-4 and passed the Senate unanimously.
Effective: August 9, 2019 | Chapter 644
City of Portland, Oregon 2019 State Legislative Report TAX AND FINANCE | 112
SJR 1 | Property Tax Reform: Fair and Equitable Apportionment
SJR 1 proposed to amend the Oregon Constitution to direct the Legislative Assembly, notwithstanding the provisions of Measure 50 (1997), to ensure that property taxes are equitable and fairly apportioned. The resolution was referred to the Senate Finance and Revenue Committee, but did not receive a public hearing.
SJR 2 & HJR 1 | Property Tax Reform: Changed Property Ratio
SJR 2 proposed to amend the Oregon Constitution by creating a floor for the Changed Property Ratio (CPR) of .75. The CPR is the maximum assessed value (MAV) of a property divided by the real market value (RMV) of the same property. For properties below the .75 floor, their MAV would be gradually increased over a five-year period to reach the floor. The joint resolution would have also created a homestead exemption for property taxes less than $25,000 or 25 percent of RMV, whichever is lower. SJR 2 had a public hearing in the Senate Finance and Revenue Committee, but did not advance. An identical joint resolution, HJR 1, was introduced in the House Revenue Committee, but did not receive a public hearing.
SJR 21 | Property Tax Reform: Move Measure 50 Provisions from Constitution to Statute
SJR 21 would have referred a constitutional amendment to the ballot to repeal Measure 50 from the Oregon Constitution and place those provisions in statute. Additionally, the joint resolution provided that any changes to the property tax system would not affect the stability of the system. The bill had two public hearings and a work session in the Senate Finance and Revenue Committee, where it remained upon adjournment.
SB 48 | Historic Property Special Assessment
See the Land Use section on page 79.
SB 79 | Delinquent Debt Collection for Public Entities
SB 79 clarifies the existing authority of the Department of Revenue (DOR) to assist in collecting delinquent debt owed to a state agency, public university, Oregon Health and Science University, community college, and county (if applicable). The bill also allows DOR to aid a local government or special government body to collect delinquent debt. The bill passed the Senate unanimously and passed the House 57-1.
Effective: January 1, 2010 | Chapter 359
SB 114, SB 202 & HB 2237 | Agricultural Workforce Housing Tax Credit Extension
See the Housing and Homelessness section on page 62.
City of Portland, Oregon 2019 State Legislative Report TAX AND FINANCE | 113
SB 200 & HB 2134 | Political Contribution Tax Credit Extension
A $50 tax credit is available to an individual tax filer with an adjusted gross income (AGI) up to $100,000 who make a qualifying political contribution. SB 200 and HB 2134 each would have extended the statutory sunset from January 1, 2020 to January 1, 2026 for the income tax credit for political contributions. The bills passed the Senate Finance and Revenue Committee and House Revenue Committee, respectively, and were referred to the Joint Tax Expenditures Committee, where they remained upon adjournment. However, an extension of the tax credit sunset was included in the in an omnibus tax expenditure bill, HB 2164 (see page 116), with an adjustment to the qualifying AGI threshold.
SB 212 | HB 3427 Non-Severability
SB 212 directs that if the commercial activity tax established in HB 3427 (see page 121) does not become law by March 1, 2020, the other provisions of HB 3427 do not become law. The bill was amended in the House Revenue Committee to replace the original bill with these provisions. SB 212 passed the Senate 16- 10, passed the House 37-19, and the Senate concurred with House amendments 18-9.
Effective: September 29, 2019 | Chapter 620
SB 213 | Connection to Federal Tax Law
SB 213 updates the connection date for the state tax code to federal Internal Revenue Code and other provisions of federal tax law from December 31, 2017 to December 31, 2018. The bill passed the Senate 28-1 and passed the House unanimously.
Effective: September 29, 2019 | Chapter 319
SB 459 | Oregon Production Investment Fund
See the Economic Development section on page 28.
SB 523 | Delinquent Tax Debtors
SB 523 allows the Department of Revenue (DOR) to post specified information about delinquent taxpayers on its website. The bill passed the Senate 28-2 and House 38-19.
Effective: September 29, 2019 | Chapter 336
SB 543 | Children's Special Districts
See the General Government section on page 57.
SB 595 | Affordable Workforce Housing Funding from Transient Lodging Tax Revenue
See the Housing and Homelessness section on page 64.
City of Portland, Oregon 2019 State Legislative Report TAX AND FINANCE | 114
SB 607 | Baseball Tax Revenues
See the Infrastructure section on page 77.
SB 929 | Historic Building Rehabilitation Tax Credit and Rebate
SB 929 would have established a state rebate for rehabilitation of historic buildings, with prioritization of awards for projects that create or preserve workforce housing and for seismic retrofitting of unreinforced masonry buildings. The rebate fund would have been capitalized by the auction of state income tax credits and contributions made directly to the fund, for which eligible taxpayers would have received a tax credit. The Bureau of Planning and Sustainability provided testimony in support of SB 929 and SB 48 (see page 79) to the Senate Environment and Natural Resources Committee, which unanimously referred SB 929 to the Joint Tax Expenditures Committee. SB 929 remained in the Joint Tax Expenditures Committee upon adjournment.
SB 1045 | Home Sharing Property Tax Exemption Authorization
See the Housing and Homelessness section on page 65.
HJR 2, HJR 3 & HJR 4 | Property Tax Reform Joint Resolutions
HJR 2 and 3 proposed a constitutional amendment regarding ad valorem property taxation. HJR 2 would have created a constitutional provision that residential property subject of sale or other transfer for which the seller receives consideration of $1 million or more shall have an assessed value equal to the residential property’s real market value. HJR 3 would have provided that the maximum assessed value (MAV) of a property held for commercial or industrial purposes will equal the property’s real market value (RMV) and created a four-year ramp-up from current MAV to RMV. HJR 4 proposed a constitutional amendment to provide that, notwithstanding assessment provisions of Measure 50 (1997) and collection limit provisions of Measure 5 (1990), property classified as commercial or industrial shall be assessed at real market value and taxes on such property will be collected without compression. The three joint resolutions were referred to the House Revenue Committee, but did not receive a public hearing.
HB 2052, HB 2132 & SB 199 | Oregon Cultural Trust Tax Credit Sunset Extension
The Oregon Cultural Trust Tax Credit is available to taxpayers for contributions to the Trust for Cultural Development Account. HB 2052 would have extended the sunset on the tax credit for ten years to January 1, 2030. HB 2132 and SB 199 would have extended the sunset for six years to January 1, 2026. HB 2052 had a public hearing in the House Economic Development Committee, but did not advance. HB 2132 and SB 199 passed the House Economic Development Committee and the Senate Finance and Revenue Committee, respectively, and both bills were referred to the Joint Tax Expenditures Committee where they remained upon adjournment. However, a six-year extension of the tax credit sunset was included in the in an omnibus tax expenditure bill, HB 2164 (see page 116).
HB 2053 | Economic Development Program Compensation Requirements
See the Economic Development section on page 28.
City of Portland, Oregon 2019 State Legislative Report TAX AND FINANCE | 115
HB 2122 | Definition of "Groceries" for the Purpose of Taxation
HB 2122 would have defined “groceries” for the purpose of taxation. The definition would have applied to any tax that is: 1) imposed on or with respect to groceries; 2) measured by sales or any other means of measurement for purposes of taxation; or 3) imposed on any privilege related to groceries. The bill had a public hearing in the House Revenue Committee, but remained in committee upon adjournment. However, a definition of groceries was included in the Student Success Act (see HB 3427 on page 121) within the modified commercial activity tax established in the Act.
HB 2123, HB 2158, HB 2159 & HB 2169 | Taxation of Tobacco, Inhalant Products, and Cigars
HB 2123, HB 2159, and HB 2169 would have expanded the definition of tobacco products to include inhalant delivery systems and inhalant forms of nicotine, to make those items subject to the tobacco tax. HB 2158 would have removed the maximum per-cigar tax for cigars. Oregon currently taxes cigars at 65% of the wholesale sales price with a maximum price per cigar of $0.50. All four bills received two public hearings in the House Revenue Committee, but remained in committee upon adjournment. However, these provisions were later included in HB 2270 (see page 117).
HB 2128 & SB 189 | Study of Tax Expenditure Automatic Sunset Provisions
HB 2128 directs the Department of Revenue (DOR) and Legislative Revenue Office (LRO) to study the statutory definition of “tax expenditures” related to the operation of automatic sunset provisions and report back to the legislature by February 1, 2021. A similar bill, SB 189 would have modified the definition of "tax expenditure" to exclude provisions of federal law that prohibit state or local government taxation, in addition to the study by DOR and LRO. SB 189 passed the Senate Finance and Revenue Committee and was referred to the Joint Tax Expenditures Committee, where it remained upon adjournment. HB 2128 passed both chambers unanimously.
Effective: September 29, 2019 | Chapter 577
HB 2130 & SB 192 | Property Tax Exemption Sunset Dates
As introduced, HB 2130 would have extended sunset dates for multiple property tax exemptions and special assessment programs. An identical bill to the introduced version of HB 2130, SB 192 was referred to the Senate Finance and Revenue Committee, but did not receive a public hearing. HB 2130 was amended in the Joint Tax Expenditures Committee to extend the sunset date of four tax exemption programs: 1) the property tax exemption on land held by a non-profit for low-income housing to January 1, 2029; 2) the property tax exemption for cargo containers to July 1, 2026; 3) the homestead property tax exemption for the surviving spouse of a fallen public safety officer to July 1, 2025; and 4) the 130 percent central assessment cap to July 1, 2025. HB 2130 passed both chambers unanimously. Another omnibus tax expenditure bill, HB 2164 (see page 116), also included extensions of certain property tax incentives.
Effective: September 29, 2019 | Chapter 578
City of Portland, Oregon 2019 State Legislative Report TAX AND FINANCE | 116
HB 2141 | Uniform Tax Credit Transfer Procedures
HB 2141 creates uniform procedures for both how tax credits are transferred and how tax credit certification information is provided to the Department of Revenue. The bill passed both chambers unanimously.
Effective: September 29, 2019 | Chapter 483
HB 2142 | Tax Exemption for Cemetery or Crematory Land Used to Low Income Housing
See the Housing and Homelessness section on page 67.
HB 2144 | Opportunity Zone Disconnect from State Tax Code
See the Economic Development section on page 29.
HB 2152 | Sunset Dates for Property Tax Expenditure Programs
HB 2152 would have created or amended the sunset dates for multiple property tax expenditure programs. An array of housing-related tax exemption programs would have been impacted, including moving up the sunset date for the Homebuyer Opportunity Limited Tax Exemption. The bill was referred to the House Revenue Committee, but did not receive a public hearing.
HB 2164 | Omnibus Tax Credit Bill
HB 2164 extends state tax credits and property tax incentive sunset dates, as well as making technical fixes to the commercial activity tax established in HB 3427. The tax credits and property tax incentive program extensions include: • the Cultural Trust Tax Credit (from January 1, 2020 to January 1, 2026); • Manufactured Dwelling Park Closure Tax Credit (from January 1, 2020 to January 1, 2026); • Agriculture Workforce Housing Construction Tax Credit (from January 1, 2020 to January 1, 2026); • Special Assessment for Historic Property (from July 1, 2020 to July 1, 2022); and • the property tax exemption for Low-Income Rental Housing (from July 1, 2020 to July 1, 2030).
The bill also makes technical changes to the commercial activity tax established in the Student Success Act (see HB 3427 on page 121), including a technical clarification that the preemption on local commercial activities taxes does not include local privilege taxes, franchise fees, or right-of-way fees. HB 2164 passed the House 47-12 and passed the Senate 24-4.
Effective: September 29, 2019 | Chapter 579
City of Portland, Oregon 2019 State Legislative Report TAX AND FINANCE | 117
HB 2166 | Local Government Transient Lodging Tax Subpoena Authority
HB 2166 would have provided subpoena power to local governments that impose and administer local transient lodging taxes. This includes the authority to order the production of books or papers to prosecute inquiries related to local transient lodging taxation. The bill was referred to the House Judiciary Committee, but did not receive a public hearing.
HB 2270 | Tobacco Tax Increase
HB 2270 refers to Oregon voters an increase in the tax on tobacco products by $2 per pack and adds inhalant delivery systems (vaping and e-cigarettes) to the definition of taxable tobacco products. The bill also changes the numerator for the purposes of calculating the share of tobacco tax revenue that goes to cities and counties, maintaining current allocations for cities and counties while increasing the total allocation to the state. The bill adds inhalant delivery systems to the state preemption on local tobacco taxes. HB 2270 passed the House 39-21 and Senate 18-8. HB 2270 will be submitted to the 2020 November general election ballot.
Filed with the Oregon Secretary of State on July 9, 2019
HB 2320 | Transfer of Lottery Revenues to Counties
HB 2320 would have required the Department of Administrative Services to transfer a certain percentage of forecasted lottery revenues to counties for economic development purposes. The bill also would have provided an adjusted dispersal for video lottery revenues to compensate for any difference between actual and forecasted lottery revenues. The bill passed the House Economic Development Committee and was referred to the Joint Ways and Means Committee, where it remained upon adjournment.
HB 2374 | Tax Credit for Newly Constructed Single-Family Residential Dwellings
See the Housing and Homelessness section on page 68.
HB 2408 | Prevailing Wage Requirement for Enterprise Zones
See the Economic Development section on page 29.
HB 2449 | Taxes to Fund Emergency Communications
HB 2449 increases taxes for emergency communications to $1.25 per month or per transaction as appropriate, phased in over two years: $1.00 in first year and $1.25 in second year. The bill also adjusts administrative and collection cost caps to the Department of Revenue and the Office of Emergency Management and extends the sunset from 2022 to 2030. The Bureau of Emergency Communications provided testimony in support of the measure. HB 2449 passed the House 48-10 and passed the Senate 22-5.
Effective: January 1, 2020 | Chapter 653
City of Portland, Oregon 2019 State Legislative Report TAX AND FINANCE | 118
HB 2504 | Budget Limit for the Tax Supervising and Conservation Commission (TSCC)
HB 2504 increases the statutory budget limit for the Tax Supervising and Conservation Commission (TSCC). A public agency created by the Legislature, the TSCC assists residents, school districts, and local governments in Multnomah County with local budget and property tax law and implementation. The City of Portland is one of 29 member jurisdictions and the City Budget Office provided testimony in support of the bill. HB 2504 passed the House 41-13 and Senate 22-5.
Effective: September 29, 2019 | Chapter 046
HB 2522 | Tax Credit for Emergency Preparedness Supplies
See the Emergency Management section on page 36.
HB 2575 | Brownfield Redevelopment Tax Credit
HB 2575 would have established a brownfield redevelopment tax credit for eligible costs related to removal or remedial action on brownfield properties. Under the bill, an income tax credit would have been available to a brownfield property owner or operator for 50 percent of eligible costs with a $1 million limit per property. Additional credit would have been available for specified enhancements, such as affordable housing, included in the development of the property. The Bureau of Environmental Services provided testimony in support. The bill had a public hearing in the House Revenue Committee, where it remained upon adjournment.
HB 2662 | Affordable Housing Preference for Direct Care or Human Service Workers
See the Housing and Homelessness section on page 69.
HB 2699 & SB 94 | Brownfield Property Tax Exemption Technical Fix
A City of Portland bill, HB 2699 makes a technical fix to the authorization for brownfield cleanup and redevelopment property tax incentive programs (HB 4084 in 2016) to allow a property to simultaneously participate in the brownfield program and other tax incentive programs when providing multiple public benefits. The bill ensures that property owners will not receive tax benefits that exceed their property tax liability for the costs incurred in the cleanup process. The bill also directs implementing jurisdictions to specify how multiple tax incentives will apply to an eligible property and notify the county assessor. SB 94 was an identical bill introduced in the Senate that did not advance. The Bureau of Environmental Services and Bureau of Planning and Sustainability provided testimony in support of HB 2699 and members of the Oregon Brownfields Coalition also provided a letter of support. HB 2699 passed the House and Senate unanimously.
Effective: September 29, 2019 | Chapter 492
HB 2811 | Tax Exemption for Sale of Real Property for Affordable Housing
See the Housing and Homelessness section on page 70.
City of Portland, Oregon 2019 State Legislative Report TAX AND FINANCE | 119
HB 2949 | Manufactured and Mobile Home Property Tax Exemption Cap
See the Housing and Homelessness section on page 72.
HB 3062 | Sunset Extension for Fuel Excise Tax Exemption
See the Energy section on page 47.
HB 3067 | Distribution of Cannabis Revenues to Cities and Counties
HB 3067 requires cities and counties to annually certify with the Department of Administrative Services that they have not adopted an ordinance prohibiting the establishment of recreational cannabis businesses and are therefore eligible for funds distributed from the Oregon Marijuana Account. The bill also requires notice when a city or county repeals an ordinance that prohibits certain cannabis businesses. The bill passed both chambers unanimously.
Effective: September 29, 2019 | Chapter 599
HB 3068 | Defining the Boundaries of the City of Property Tax Assessment
ORS 308.151 authorizes cities with a population greater than 700,000 to define the area that is considered “the city” for property tax assessment purposes. HB 3068 would have removed that population threshold. The bill removes the threshold, applying the authorization to all Oregon cities. The bill was referred without recommendation by the House Agriculture and Land Use Committee to the House Revenue Committee, where it did not receive a public hearing and remained upon adjournment.
HB 3096 | Local Cannabis Taxes
Current statute authorizes cities and counties, subject to local voter approval, to impose a tax or fee up to three percent on sales of cannabis items. HB 3096 would have authorized cities with a population greater than 10,000 in a combined statistical area with a population between 600,000 and 1 million to impose a tax or fee up to 18 percent on production, processing, or sale of marijuana items and required two percent of the proceeds to be transferred to the county where the city is located for public safety purposes. HB 3096 had a public hearing in the House Economic Development Committee, but did not advance.
HB 3134 | Definition of Tourism Promotion for Transient Lodging Tax Revenues
HB 3134 would have expanded the definition of “tourism promotion” related to the allowable uses of transient lodging tax revenues to include marketing, tourism-generating special events, sporting events, enhancing facilities, and special events. The bill had a public hearing in the House Revenue Committee, but remained in committee upon adjournment.
City of Portland, Oregon 2019 State Legislative Report TAX AND FINANCE | 120
HB 3135 | Data-Scraping Software for Data Collection on Short-Term Rentals
HB 3135 would have provided funding to the Department of Revenue for data-scraping software to collect tax information for short-term rental intermediary properties. The bill had a public hearing in the House Revenue Committee, but did not advance. However, the provisions of HB 3135 were amended into HB 3136 (see below).
HB 3136 | Transient Lodging Tax Data Collection by Department of Revenue
HB 3136 allows the Department of Revenue (DOR) to collect transient lodging tax revenue on behalf of cities that opt-in to the service. The bill also provides funding to the DOR for data-scraping software to collect tax information for short-term rental intermediary properties. The bill passed the House 57-2 and passed the Senate unanimously.
Effective: September 29, 2019 | Chapter 600
HB 3137 | Transient Lodging Tax Payment Date Clarification
HB 3137 clarifies that transient lodging taxes are due when a property occupancy ends. The bill passed the House 59-1 and passed the Senate unanimously.
Effective: January 1, 2020 | Chapter 498
HB 3138 | Eliminate Transient Lodging Tax Exemption for Rentals Under 30 Days
HB 3138 eliminates the exemption for transient lodging tax properties that are rented for fewer than 30 days per year, if rented through a short-term rental intermediary. The bill passed the House 56-4 and Senate 22-7.
Effective: September 29, 2019 | Chapter 499
HB 3184 | Study of Residential Vacancy Tax to Fund Affordable Housing
See the Housing and Homelessness section on page 73.
HB 3349 | Mortgage Interest Deduction Reform
See the Housing and Homelessness section on page 73.
HB 3425 | Mitigating Fuel Costs Due to Carbon Pricing
See the Climate Change section on page 27.
City of Portland, Oregon 2019 State Legislative Report TAX AND FINANCE | 121
HB 3427 | Student Success Act; Modified Corporate Activity Tax
HB 3427 establishes a modified commercial activity tax to raise $2 billion per biennium and allocates the new revenue for school funding. The bill establishes a 0.57 percent tax that is applied to business receipts on sales greater than $1 million, with a 35 percent subtraction for eligible cost inputs or labor. HB 3427 also defines business receipts and delineates exemption from the tax. The bill reduces personal income tax rates by 0.25 percent for the lowest three tax brackets. The bill also preempts local jurisdictions from adopting a tax upon commercial activity or receipts from grocery sales after April 1, 2019. The preemption only applies to tax mechanisms based on gross receipts and explicitly excludes local privilege taxes, franchise fees, and right-of-way fees. HB 3427 passed the House 37-21 and Senate 18-11.
Provisions of HB 3427 were further modified later in the session in an omnibus tax expenditures bill (see HB 2164 on page 116), including a technical clarification that the preemption on local commercial activities taxes does not include local privilege taxes, franchise fees, or right-of-way fees. Additionally, SB 212 (see page 113) directs that if the commercial activity tax established in HB 3427 does not become law by March 1, 2020, the other provisions of HB 3427 do not become law.
Effective: September 29, 2019 | Chapter 122
HB 3440 | Redirection of Kicker Revenue for Transportation Purposes
See the Transportation section on page 131.
City of Portland, Oregon 2019 State Legislative Report TECHNOLOGY | 122
SB 283 | Research on Health Effects of Microwave Radiation in Schools
See the Education section on page 30.
SB 684 | Breech of Security Involving Personal Information
See the General Government section on page 57.
HB 2130 & SB 192 | Property Tax Exemption Sunset Dates
See the Tax and Finance section on page 115.
HB 2866 | Opt-In Consent from An Individual
HB 2866 would have required opt-in consent from an individual before collection of personal geolocation and audiovisual data information. The bill also would have allowed individuals who own electronic digital devices to request information on the collection of their personal information. The bill received two public hearings in the House Judiciary Committee, but did not advance.
City of Portland, Oregon 2019 State Legislative Report TRANSPORTATION | 123
SB 7 | Offenses Committed While Under the Influence
See the Public Safety section on page 99.
SB 107 | Exemptions of Illegal Stopping, Standing, or Parking
SB 107 exempts natural gas utility and electric utility vehicles from prohibitions on stopping, standing, or parking when investigating or repairing a natural gas leak if immediate investigation is necessary. The bill requires natural gas vehicles to display a sign denoting emergency responder status. For electric utility vehicles responding to an emergency, the bill requires the vehicle to be identified as an electric utility vehicle and an emergency vehicle to also present at the location or the electric utility is investigating a downed or arcing utility line. The Portland Bureau of Transportation provided testimony in support the bill. SB 107 passed both chambers unanimously.
Effective: January 1, 2019 | Chapter 232
SB 372 | Tower Notice to an Owner and Lienholder of Vehicle
SB 372 requires a tower to provide notice to an owner and lienholder of a vehicle within three calendar days of towing a vehicle. The bill also reduces the amount a tower can claim in lien if the notice requirement is not satisfied. SB 372 passed the Senate 25-1 and House 55-3.
Effective: July 15, 2019 | Chapter 547
SB 413 | Limited-Access Public Highways
The Joint Transportation Committee held a public hearing on SB 413, which would have authorized cities and counties to jointly form districts for limited-access public highway projects. The City of Portland joined other metro-area governments opposing the bill. SB 413 did not advance out of committee.
SB 438 | Parking for Persons with Disabled Parking Permit
Oregon statue authorizes a person issued a disabled parking permit to park in specific locations without incurring penalties. SB 438 extends this authorization to allow a person with a disabled person parking permit to also park in spaces reserved for residents.
Effective: January 1, 2020 | Chapter 332
SB 450 | Compliance with Least-Cost Policy for Public Improvements
See the Public Contracting section on page 94.
City of Portland, Oregon 2019 State Legislative Report TRANSPORTATION | 124
SB 548 | State Board of Towing
SB 548 would have created the State Board of Towing. The Board would have had nine members as well as administrative officer positions to investigate complaints, penalize violations, and order the removal of a tower from the Oregon State Police rotation list. SB 548 passed the Senate Judiciary Committee and was referred to the Joint Ways and Means Committee, but did not advance further.
SB 558 | Lower Speeds on Residential Roads
In 2017, the City of Portland gained authority to lower speeds on residential roads from 25 mph to 20 mph with the passage of HB 2682. SB 558 expands this authority to any city in Oregon. The bill also extends statutory speed limits inside cities to areas outside of cities for alleys, business districts, public parks, non-arterial residence districts, and interstate highways; and clarifies the definition of a “residence district.”
Effective: January 1, 2020 | Chapter 515
SB 559 | Expansion of Fixed Photo Radar
In 2015, the City of Portland was given authority to conduct a 10-year fixed photo radar program under HB 2621 (2015). SB 559 would have made the program permanent and expanded the authorization to all cities in Oregon. The Portland Bureau of Transportation provided testimony in support of SB 559 at a public hearing in the Joint Transportation Committee. The bill remained in committee at the close of session.
SB 560 | Expansion of Photo Radar Authority
Presently, ten cities in Oregon can operate photo radar for speed enforcement. SB 560 would have removed the enumerated list of jurisdictions and allowed any city to use the tool. The bill received a public hearing in the Joint Transportation Committee, but did not advance further this session.
SB 561 | Reduction of Safe Routes to School Match
SB 561 would have reduced the matching requirement for Safe Routes to Schools grants from 40 percent to 20 percent. The bill was referred to the Joint Transportation Committee, but did not receive a public hearing.
SB 743 | Added Travel Lanes for I-5 and I-205
SB 743 would have required at least one new, additional travel lane northbound and southbound on I-5 at the Rose Quarter and on I-205 at the Abernethy Bridge. The bill also would have required the Oregon Transportation Commission to report on the progress of the new lanes to the Joint Transportation Committee in advance of the scheduled two-cent gas tax increases created in HB 2017 (2017). SB 743 was referred to the Joint Transportation Committee, but did not receive a hearing.
City of Portland, Oregon 2019 State Legislative Report TRANSPORTATION | 125
SB 746 | Requirements for Driver’s License Renewal
SB 746 would have combined the Oregon Department of Transportation “Oregon driver manual” and “Oregon bicyclist manual” into a single manual. The bill also would have required a person to pass a knowledge test of traffic laws in order to renew their license. SB 746 was referred to the Joint Transportation Committee, but did not receive a hearing.
SB 810 | Vulnerable Road Users
SB 810 adds riders of mopeds and motorcycles to the list of vulnerable users of a public way. Oregon law increases penalties for the serious injury or death of a vulnerable user. The bill passed the Senate 25-3 and passed the House unanimously.
Effective: January 1, 2020 | Chapter 349
SB 998 | Bicycle Allowances for Not Stopping at Certain Intersections
Under current law, individuals riding bicycles on public roads were treated like other vehicles under Oregon law and must stop at intersections controlled by a stop sign or red flashing lights. With the passage of SB 998, a bicyclist approaching an intersection may proceed through the intersection or make a turn without stopping. The bill creates a new traffic violation of improper entry into an intersection controlled by a stop sign or a flashing red light. The bill also specifies that a violation occurs when a bicyclist fails to: yield to traffic within the intersection; yield to traffic so close as to constitute an immediate hazard, exercise care to avoid accident, yield the right of way to a pedestrian; or disobeys a police officer or flagger. SB 998 passed the Senate 21-8 and House 31-28.
Effective: January 1, 2020 | Chapter 683
SB 1021 | I-5 Boone Bridge
SB 1021 would have appropriated $3.5 million of General Fund to study, design, and do preliminary engineering on the I-5 Boone Bridge. The bill also would have directed the Oregon Department of Transportation to report back to the Legislature on the results of the study by February 1, 2021. The Joint Transportation Committee unanimously approved the bill and referred it to the Joint Committee on Ways and Means, where it remained at the close of session.
SB 1044 | Zero-Emission Vehicle Use
See the Energy section on page 46.
SB 1051 | Offsets for Increases in Fuel Costs
See the Climate Change section on page 26.
HB 2007 | Diesel Emissions Standards
See the Environment section on page 50.
City of Portland, Oregon 2019 State Legislative Report TRANSPORTATION | 126
HB 2063 | Environmental Mitigation Trust Agreement
See the Environment section on page 51.
HB 2093 | Electric Vehicle Charging Stations on State-Owned Property
HB 2093 authorizes the Department of Administrative Services (DAS) to enter into an agreement with a public or private entity to acquire, install, maintain, or operate electric vehicle charging stations on land owned or controlled by a state agency. The bill also allows DAS to participate in, sponsor, conduct, or administer cooperative procurements under which public bodies and other authorized purchasers may acquire, install, maintain, or operate electric vehicle chargers. HB 2093 passed the House 43-15 and Senate 22-6.
Effective: September 29, 2019 | Chapter 104
HB 2015 | Equal Access to Roads Act
HB 2015 eliminates the requirement that a person provide proof of lawful permanent residence to the Department of Transportation when issuing an identification card, noncommercial driver license or permit. Applicants will be required to provide proof of age, identity, and Oregon residency in addition to the regular fee required by the Oregon Department of Transportation. HB 2015 passed the Senate 17-10 and the House 39-21.
Effective: January 1, 2021 | Chapter 701
HB 2112 | Multnomah County Vehicle Registration Fee for Bridges
HB 2112 allows Multnomah County to use revenues from a vehicle registration fee for capital maintenance, planning, designing, replacing, acquiring necessary property for, engineering, constructing or repairing a bridge or bridge approach over the Willamette River without sharing the statutorily directed 40 percent to cities within the county. Commissioner Eudaly provided a letter of support for using the funds on the Earthquake Ready Burnside Bridge project.
Effective: September 29, 2019 | Chapter: 392
HB 2314 | Lane-Splitting
HB 2314 would have allowed motorcyclists to lane-split on highways with posted speeds at or above 50 mph when traffic slowed to 10 mph or lower. The Portland Police Bureau provided testimony in opposition to the bill, and the City provided additional data and testimony to underscore concerns about the impact of the legislation. The bill remained in the Joint Transportation Committee at the close of session.
City of Portland, Oregon 2019 State Legislative Report TRANSPORTATION | 127
HB 2326 | Student Transportation Funding
HB 2326 would have allocated $2.5 million to the Department of Education for a program that awards student transportation grants to school districts who do not receive a distribution in State School Fund for transit activities. The bill was unanimously approved by the House Education Committee and Joint Student Success Committee, but remained in the Joint Ways and Means Committee at the close of session.
HB 2592 | Omnibus Transportation Bill
The Joint Transportation Committee used HB 2592 as an omnibus transportation bill that includes some technical fixes for HB 2017 (2017), in addition to other transportation policies. Notable provisions of the bill include: • Clarifying the definition of “bicycle” for the purpose of the bicycle excise tax to explicitly exclude skates, skateboards, stand-up scooters, strollers for children, bicycle trailers or other attachments, and wagons; • Specifying how the electric vehicle reimbursement functions if the vehicle is returned to the dealer; • Authorizing voters to approve additional vehicle registration fees for Metro through December 31, 2022; • Clarifying how gas tax increases may be withheld if the Bureau of Labor and Industries Commissioner finds substantial evidence that a contracting agency violated least-cost contracting requirements; • Modifying conflict-of-interest provisions related to the appointment of Oregon Transportation Commission members; • Increasing the maximum weight for a vehicle idle reduction system from 400 to 550 pounds over the variance permit; • Setting the permanent registration rate for state-owned and undercover vehicles at ten dollars; • Making changes to Connect Oregon, separating bicycle and pedestrian projects into the Multimodal Active Transportation Fund with a 30 percent match and continuing to allocate seven percent of Connect Oregon Funding to bicycle and pedestrian projects via the new Multimodal Active Transportation Fund, coupled with revenues from the bicycle excise tax; • Directing $4 million from the State Parks and Recreation Department to bicycle and pedestrian transportation projects, with half going to local and regional grant programs; • Adding “neighborhood electric vehicle” and zero-emission motorcycles to those vehicles eligible for the electric vehicle rebate program and making plug-in hybrid vehicles eligible for the Charge Ahead rebate program; • Allowing funds dedicated to the I-5 Rose Quarter project to be used for both current project costs (ongoing cash flow basis) and debt service on bonds issued to fund the project; and • Setting the annual statewide allocation to the Safe Routes to School Fund at $10 million, increasing to $15 million in 2023.
Effective: September 29, 2019 | Chapter 491
City of Portland, Oregon 2019 State Legislative Report TRANSPORTATION | 128
HB 2603 | Train Delay Study
HB 2603 directs the Oregon Department of Transportation (ODOT) to study Amtrak train delays, especially as a result of specific interactions with freight trains. ODOT will present its findings and any recommended changes to the Legislature on or before September 15, 2020.
Effective: January 1, 2020 | Chapter 47
HB 2614 | Eliminate Debt-Based Driver's License Suspensions
HB 2614 would have removed the authority of courts to impose driving privilege suspensions for failure to pay traffic-related fines or comply with requirements ordered in lieu of fines. Commissioner Eudaly submitted testimony in support of the bill. HB 2614 passed the House Judiciary Committee and was referred to the Joint Ways and Means Committee, but did not advance further.
HB 2671 | Helmets and E-Scooters
Under current law, all riders of motor assisted scooters must wear helmets. HB 2671 would have allowed riders over the age of 16 to operate an e-scooter without a helmet. The City responded to committee questions in the Joint Transportation Committee, but did not otherwise submit testimony. The bill remained in committee at the close of session.
HB 2682 | Bicycle Lanes
HB 2682 clarifies that bicycle lanes continue through intersections when markings are otherwise interrupted by the intersection. The Portland Bureau of Transportation provided testimony in support of the bill. HB 2682 passed the House 48-12 and Senate 20-8.
Effective: January 1, 2020 | Chapter 120
HB 2702 | Local Speed Setting Authority
The Joint Transportation Committee held an informational meeting on “Speed Limits in Oregon” on March 6th and that same day also heard bills related to speed setting, including HB 2702, a City of Portland bill. The Portland Bureau of Transportation presented as part of the informational hearing and Portland City Council provided testimony on HB 2702 and the proposed -1 amendment. The bill as introduced would have provided the City of Portland with the authority to set speeds on its city-owned roads. The -1 amendment would have allowed the Oregon Department of Transportation to delegate speed setting authority to any city or county, provided certain criteria were met. The bill remained in the Joint Transportation Committee at the close of the legislative session.
City of Portland, Oregon 2019 State Legislative Report TRANSPORTATION | 129
HB 2770 | Autonomous Vehicles
In 2018, HB 4063 established the Task Force on Autonomous Vehicles, of which the City of Portland is a participant, to develop recommendations for legislation on the deployment of autonomous vehicles in Oregon. HB 2770, which focuses on the testing phase prior to deployment, is a product of that Task Force. The bill would have authorized the testing of highly automated vehicles in Oregon and required automated vehicle manufacturers to apply to the Oregon Department of Transportation for a testing permit prior to testing on Oregon roadways. HB 2770 would have also required manufacturers to provide law enforcement with a first responder interaction plan. The Portland Bureau of Transportation testified in support of the bill. HB 2770 passed the House 35-23 and was referred to the Senate Rules Committee, but it did not advance further.
HB 2846 | Jurisdictional Transfers Evaluation
HB 2846 would have required the Oregon Department of Transportation (ODOT) to direct each region to do a jurisdictional transfer evaluation to identify and prioritize highways for transfer. The evaluation would have included cost estimates to meet adequacy standards before transfer, readiness of cities and counties to receive the transfer, and short- and long-term strategies for managing highways transferred to local governments. The bill also would have established the Oregon Highway Jurisdictional Transfer Fund at the State Treasury. Commissioner Eudaly submitted a letter of support. HB 2846 received a public hearing in the Joint Transportation Committee, but did not advance further.
HB 2881 | OReGo Program Updates
HB 2881 makes numerous adjustments to the OReGo Program. The bill removes the 5,000-vehicle cap on the number of participants in the program. HB 2881 also specifies the program is for passenger vehicles with a rating of at least 20 miles per gallon, but allows vehicles with lower ratings that are already in the program to remain. Electric vehicles and those rated at 40 miles per gallon or greater are not subject to the program registration fee. HB 2881 also replaces a per-mile fee with a formula equal to five percent of the state’s per-gallon gasoline license tax. Under HB 2881, persons paying more in fuel taxes than is owed in their per-mile tax during a reporting period will not be issued a refund. To encourage participate in OReGo at the point of sale, the Oregon Department of Transportation is directed to consult with vehicle dealers. The bill passed the House unanimously and passed the Senate 25-4.
Effective: September 29, 2019 | Chapter 428
HB 2999 | Temporary Parking Permit
HB 2999 allows for the display of a temporary, duplicate disabled person parking permit and provides for its renewal by mail. The period of validity for a temporary duplicate permit is extended from 30 to 120 days, starting July 6, 2020.
Effective: January 1, 2020 | Chapter 413
City of Portland, Oregon 2019 State Legislative Report TRANSPORTATION | 130
HB 3001 | Peer to Peer Car Rental Programs
HB 3001 would have applied the same airport fees and state and local laws to peer-to-peer car rental programs that apply to car rental companies. HB 3001 had a public hearing in the House Business and Labor Committee, but did not advance further.
HB 3021 | Tort Claims Against Public Bodies Arising Out of Real-Time Traffic Data
See the Civil Law section on page 25.
HB 3023 | Statewide Preemption of Transportation Network Companies’ Regulations
HB 3023 would have created a statewide framework for Transportation Network Companies (TNCs) that preempts local government regulation and requires TNCs to obtain a license from the Oregon Department of Transportation (ODOT). The bill would have also established requirements of drivers, including criminal background checks conducted by the TNC or a third party, and requirements for vehicles, as well as set minimum insurance coverage limits. Commissioner Eudaly and the Portland Bureau of Transportation provided testimony in opposition to the bill at multiple public hearings. HB 3023 was referred by the House Revenue Committee to the Joint Ways and Means Committee without recommendation, and did not advance further.
HB 3062 | Sunset Extension for Fuel Excise Tax Exemption
See the Energy section on page 47.
HB 3172 | Towing Vehicles from Private Property
Oregon law authorizes owners of private property to have a towing company remove abandoned vehicles if the owner places a notice on the vehicle warning that it will be towed if not removed. HB 3172 would have reduced the required notice period for towing these vehicles from 72 hours to 24 hours. HB 3172 had a public hearing in the Joint Transportation Committee, but did not advance.
HB 3209 | I-205 Funding
HB 3209 would have authorized up to $460 million in general obligation bonds for the I-205 from Stafford Road to State Highway 213. The bill received a public hearing in the Joint Transportation Committee, but did not advance further. HB 3440 (see page 131), also would have directed revenues from the personal income tax kicker to the project.
HB 3335 | Interfering with Public Transportation
See the Public Safety section on page 106.
HB 3337 | Transit Fare Enforcement
See the Public Safety section on page 106.
City of Portland, Oregon 2019 State Legislative Report TRANSPORTATION | 131
HB 3379 | Statewide Minimum Standards on Insurance
HB 3379 would have prohibited a transportation network company (TNC) driver from picking up a rider unless the TNC had a license or authorization to operate within the local government's jurisdiction. The bill would have allowed a local government or the Oregon Department of Transportation to license and regulate vehicle-for-hire services and hired drivers. The bill also would have established minimum standards for the licensing program; insurance; background checks; vehicle inspection; and data collection, retention, and sharing. HB 3023 was referred without recommendation by the House Business and Labor Committee to the House Revenue Committee, but did not advance further.
HB 3425 | Mitigating Fuel Costs Due to Carbon Pricing
See the Climate Change section on page 27.
HB 3440 | Redirection of Kicker Revenue for Transportation Purposes
HB 3440 was introduced late in session and would have redirected the personal income tax kicker. The first $260 million would have gone to the Oregon Department of Transportation for design and construction of I-205 from Stafford Road to State Highway 213, with remaining funds split between a Clean Diesel Engine Fund and a Zero Emission Fund. The Zero Emission Fund would have been administrated by the Department of Administrative Services for the purpose of developing and constructing infrastructure to support zero emission or low emission vehicles. HB 3440 would have also required the Environmental Quality Commission to appoint an advisory committee to make recommendations for the Clean Diesel Engine Fund rulemaking.
HB 5030 | Lottery Bonds: Southwest Corridor Light Rail Extension Project
See the State Budget section on page 110.
HB 5050 | Budget Reconciliation: EV Charging Stations
See the State Budget section on page 111.
City of Portland, Oregon 2019 State Legislative Report T R I B A L RELATIONS | 132
SB 134 | Best Practices and Standards for Tribal-Based Mental Health and Addiction Prevention
See the Mental Health and Addiction section on page 89.
SB 219 | Regional Infrastructure Fund
The Legislative Assembly created the Regional Infrastructure Fund in 2013 to provide grants and loans to local governments for Regional Solutions implementation projects, including long-range planning, research, and design. SB 219 adds federally recognized Indian tribes located in Oregon as eligible entities for grants and loans from the Regional Infrastructure Fund.
Effective: January 1, 2020 | Chapter 281
SB 297 | Emergency Commitment in Indian Country
As the result of a government-to-government process, SB 297 permits judges of federally recognized Indian tribes in Oregon to initiate civil commitment procedures under state statute. The bill also expands the statute that permits emergency commitment of individuals in Indian country to all federally recognized tribes in Oregon. Prior to SB 297, tribes could not commit individuals in Indian country to the Oregon Health Authority and tribal judges were not authorized to initiate a civil commitment. The bill passed the Senate unanimously and passed the House 56-1.
Effective: January 1, 2020 | Chapter 247
SB 312 | Resident Tuition Rates for Native American and Alaska Native Students
SB 312 requires public universities and community colleges to charge resident tuition rates for Native American and Alaska Native students who graduated from Oregon high schools and meet certain requirements. The bill passed both chambers unanimously.
Effective: June 7, 2019 | Chapter 287
SB 971 | Oregon Heritage Languages
SB 971 would have declared specific languages of the nine federally recognized tribes of Oregon as official heritage languages and allowed tribes to develop plans for revitalization of heritage languages. The bill would have also required the Oregon Department of Education to provide support and assistance in carrying out plans, including regular communication, collaboration on curricula with Oregon educators, and the development of community spaces and learning spaces. SB 971 passed the Senate Judiciary Committee and was referred to the Joint Ways and Means Committee, but did not advance further.
City of Portland, Oregon 2019 State Legislative Report T R I B A L RELATIONS | 133
HB 2040 | Traditional Health Workers Commission
HB 2040 adds four members to Traditional Health Workers Commission (THW Commission) including: members representing family support specialists; youth support specialists; and providers of Indian health services, a federally recognized tribe, or a tribal organization. The bill also directs that a majority of the traditional health worker appointees be from nominees selected by the Oregon Community Health Workers Association. The bill passed both the House and Senate unanimously.
Effective: January 1, 2020 | Chapter 123
HB 2625 | Missing and Murdered Indigenous and Alaskan Native Women
HB 2625 directs Oregon State Police to study how to increase criminal justice and investigative resources toward future and past cases of missing and murdered Native American women in this state, including Alaska Native women. The bill also requires Oregon State Police to report on the results of their study to an appropriate legislative committee no later than September 15, 2020. The City of Portland provided testimony in support of the bill. HB 2625 passed both chambers unanimously.
Effective: May 14, 2019 | Chapter 119
HB 2638 | Alcohol and Drug Policy Commission Membership
See the Mental Health and Addiction section on page 91.
HB 3046 | Tribal Boundaries on Maps
HB 3046 would have required Department of Administrative Services (DAS) to include tribal boundaries identified by the United States Bureau of Indian Affairs and tribal boundaries identified by treaty, in maps of legislative districts produced by DAS. HB 3046 had a public hearing in the House Rules Committee, but did not advance.
HB 3376 | Emergency Preparedness Grant Program for Tribes
HB 3376 allows federally recognized Indian tribes in Oregon to apply for emergency preparedness grants. The bill passed the House and Senate unanimously.
Effective: January 1, 2020 | Chapter 089
City of Portland, Oregon 2019 State Legislative Report URBAN RENEWAL | 134
HB 2174 & SB 313 | Updates to the Urban Renewal Process
HB 2174 makes policy changes to urban renewal statutes to: ensure annual reporting of each urban renewal area’s maximum indebtedness; clarify thresholds for urban renewal plan amendments; clarify public notice requirements of new plans and substantial amendments; and ensure collaboration with taxing jurisdictions when new plans include public buildings or there is a significant change in the scope of a public building project in an existing plan. Specifically, each “public building project” requires concurrence of by at least three of the four taxing districts that are estimated to forgo the most property tax revenues with tax increment financing. Prosper Portland provided testimony in support and joined a letter of support provided by the Oregon Economic Development Association. HB 2174 passed the House 58-1 and Senate 26-1. An identical bill, SB 313, was introduced but did not advance in lieu of the passage of HB 2174.
Effective: September 29, 2019 | Chapter 580
City of Portland, Oregon 2019 State Legislative Report UTILITIES AND TELECOMMUNICATIONS | 135
SB 68 | Annual Public Utilities and Telecommunications Fee
See the Energy section on page 45.
SB 69 | Broadband Internet Access for Low-Income Oregonians
The Public Utility Commission’s Oregon Telephone Assistance Program currently provides low-income Oregonians with a discount on their phone service. SB 69 adds broadband internet access as an eligible discount for the program. The bill makes Oregon’s program consistent with the Federal Communications Commission’s Lifeline program offering discounts on phone and broadband internet service. SB 69 passed both chambers unanimously.
Effective: January 1, 2020 | Chapter 91
SB 283 | Research on Health Effects of Microwave Radiation in Schools
See the Education section on page 30.
SB 300 | Universal Service Fund Charge Exemption Repeal
SB 300 would have removed the exemption for radio communication services, radio paging services, commercial mobile radio services, personal communications services, and cellular communications services from the Universal Service Fund charge, thereby imposing an 8.5 percent surcharge on those services. The bill passed the Senate Business and General Government Committee and was referred to the Joint Ways and Means Committee, where it remained upon adjournment.
SB 417 | Exemption for Telecommunications Providers from Carrier of Last Resort Obligation
SB 417 would have required the Public Utility Commission (PUC) to provide exemptions to local telecommunications providers from the carrier of last resort obligation under certain circumstances. The exemption, established by the bill, would have been required when the PUC found that other providers who met specified conditions were providing service or for any wire center for which the telecommunications provider did not receive support from the Universal Service Fund. The bill had a public hearing in the Senate Business and General Government Committee, but did not advance.
HB 2173 | Oregon Broadband Office
HB 2173 creates the Oregon Broadband Office within Business Oregon for the purpose of broadband investment and deployment in underserved areas. The bill also removes the sunset on the Oregon Broadband Advisory Council. The bill passed the House 54-5 and Senate 27-1.
Effective: August 9, 2019 | Chapter 648
City of Portland, Oregon 2019 State Legislative Report UTILITIES AND TELECOMMUNICATIONS | 136
HB 2184 | Expand Universal Service Surcharge and Create Broadband Fund
HB 2184 would have modified the definition of retail communications to including wireless services in addition to wireline services, applying the universal service surcharge to an expanded list of services. The bill also would have created a Broadband Fund, administered by Business Oregon, to provide grants and loans for broadband service infrastructure projects. The Broadband Fund would have sunset on January 2, 2030. The bill passed the House 37-22, but remained on the Senate floor upon adjournment.
HB 2242 | Reducing Energy Costs for Low-Income Customers
See the Energy section on page 46.
HB 2560 | Study Methods to Mitigate Impacts of Technology Towers on Aesthetics
HB 2560 would have directed the Department of Land Conservation and Development to study methods to mitigate the visual impacts of technology towers. The bill was referred by the House Agriculture and Land Use Committee to the Joint Ways and Means Committee, where it remained upon adjournment.
HB 2684 & HB 2168 | Gigabit Property Tax Exemption Repeal
Upon state approval of an application for a qualifying project, the gigabit property tax exemption would be awarded for the period that the company owned and maintained the qualifying project. HB 2684 repeals the tax exemption on intangible property for companies that provide qualifying symmetrical gigabit internet service. The bill also affords a one-time, three-month exemption for Frontier Communications in the 2019 tax year. The Office for Community Technology provided testimony in support of the bill. A similar bill, HB 2168, had a public hearing in the House Revenue Committee, but did not advance. HB 2684 passed the House unanimously and passed the Senate 26-2.
Effective: September 29, 2019 | Chapter 164
HB 3061 | Conveyance of Property to Provide Broadband Service
HB 3061 amends the uses under which a political subdivision may convey property to include providing broadband service. The bill allows a public property to be transferred to a nonprofit, municipal, or private corporation to provide broadband service. The bill passed the House 57-1 and the Senate unanimously.
Effective: May 13, 2019 | Chapter 112
HB 3065 | Relevance of Carrier of Last Resort Obligations
HB 3065 directs the Public Utility Commission to conduct a public process to investigate the relevance of the carrier of last resort obligations under ORS 759.500 to 759.570. The investigation will focus on “…whether developing industry trends, technologies and policy drivers in the telecommunications sector impact the existing regulatory system administered by the commission for ensuring adequate and reasonable access for residential customers to telecommunications service in all areas of this state.” The bill passed the House and Senate unanimously.
Effective: January 1, 2020 | Chapter 143
City of Portland, Oregon 2019 State Legislative Report VETERANS | 137
VETERANS SB 36 | Home and Farm Loans for Veterans
See the Housing and Homelessness section on page 62.
SB 332 & HB 2886 | Veterans’ Preference in Public Employment
See the Employment and Labor section on page 39.
HB 2530 | Housing for Veterans
See the Housing and Homelessness section on page 69.
City of Portland, Oregon 2019 State Legislative Report WATER AND WASTEWATER | 138
SB 27 | Oregon Health Authority Drinking Water Services Program Fee Authority
SB 27 authorizes the Oregon Health Authority Drinking Water Services program (OHA DWS) to change the way the program assesses fees on water suppliers. The new fee schedule will enable OHA DWS to defray costs related to conducting regulatory actions under the Oregon Drinking Water Quality Act and be graduated based on the size and type of water system served. The OHA budget (see SB 5525 on page 108) provides position authority to implement the bill. The Portland Water Bureau provided testimony in support of the bill. The bill passed the Senate 18-11 and House 39-20.
Effective: July 1, 2019 | Chapter 509
SB 47 | Waterway Access Fund
SB 47 establishes a Waterway Access Fund to improve waterway access and promote boating safety education for the non-motorized boating community. The bill also requires a waterway access permit while operating a non-motorized boat greater than 10 feet long, sets permit fees, and eliminates the requirement to purchase an Aquatic Invasive Species permit for persons operating a non-motorized boat. The bill passed the Senate 20-7, passed the House 36-24, and the Senate concurred with House amendments 17-11.
Effective: September 29, 2019 | Chapter 507
SB 51 | Transfer Authority of Stored Water Rights
SB 51 would have clarified the authority of the Oregon Water Resources Department (WRD) to authorize changes to water storage rights subject to transfer, specifically the use of stored water subject to a primary storage right. The bill also would have ratified any changes to the use of a storage right approved by WRD prior to the effective date of the bill. The bill received a public hearing in the Senate Environment and Natural Resources Committee, but did not advance.
SB 756 | Funding for Clean Water Loan Program
SB 756 would have allocated $2 million to the Department of Environmental Quality for a single grant, and associated administrative costs, under the Clean Water Loan program. The program provides low- interest loans for the repair, replacement, upgrade, or evaluation of residential or small business on-site septic systems. The bill passed the Senate Environment and Natural Resources Committee and was referred to the Joint Ways and Means Committee, where it remained at the close of session.
SB 791 | Conjunctive Management of Groundwater and Surface Water
SB 791 would have established criteria for determining whether a new ground water use impairs or interferes with a water right that has an earlier priority date and would have stated that interference or impairment occurs if ground water use causes a decrease in available water under certain circumstances. The bill had a public hearing in the Senate Environment and Natural Resources Committee, but did not advance.
City of Portland, Oregon 2019 State Legislative Report WATER AND WASTEWATER | 139
SB 884 | Expanded Uses of the Clean Water State Revolving Fund
The Clean Water State Revolving Fund (CWSFR) Fund provides below-market rate loans for water pollution control activities. SB 884 expands the qualified uses of the CWSFR Fund to allow certified community development financial institutions to received loans administered by the Department of Environmental Quality. The bill passed the Senate 25-1 and House 57-1.
Effective: July 15, 2019 | Chapter 558
SB 935 | Landscape Contractor Modified License
As introduced, SB 935 would have allowed the Landscape Contractors Board (LCB) to issue a modified landscape contractor license that is not subject to certain experience and examination requirements. The bill would have limited the type and scope of installations modified license holders may construct and allowed the LCB to further limit the scope of work performed by modified license holders. The Portland Water Bureau provided testimony opposing the inclusion of irrigation system installation in the scope of the modified license. Later in the session, the bill was amended to remove the original content and add new provisions prohibiting the LCB from issuing limited or specialty licenses to people who hold an endorsement as a residential or commercial general contractor if the license requires the holder to own a licensed landscape business. The introduced version passed the Senate 25-4, the A-engrossed version was referred to the House Rules Committee from the House floor where it was further amended, the House passed the B-engrossed version 55-2, and the Senate concurred with the House amendments 26-1.
Effective: September 29, 2019 | Chapter 682
SB 946 | Water Rights Transfer
SB 946 with the -2 amendment would have made the water right transfer process applicable to water storage rights and would have ratified past changes to water rights for stored water approved by the Water Resources Commission. The bill passed the Senate Environment and Natural Resources Committee with the -2 amendment and was referred to the Senate Rules Committee, where it remained at the close of session.
SB 5525 | Oregon Health Authority (OHA) Budget
See the State Budget section on page 108.
HB 2084 | Place-Based Integrated Water Resources Strategies Program Sunset Extension
The place-based integrated water resources strategies program allows the Water Resources Department to provide technical assistance to facilitate efforts by local water planning groups. HB 2084 bill extends the sunset date of the program from July 1, 2019 to July 1, 2023. The bill passed the House 56-3 and Senate 27-2.
Effective: June 25, 2019 | Chapter 482
City of Portland, Oregon 2019 State Legislative Report WATER AND WASTEWATER | 140
HB 2085 | High Hazard Dam Safety
HB 2085 regulates the construction, modification, and removal of dams. Among other provisions, the bill provides authority for the Water Resources Department (WRD) to inspect dams; requires dam owners to provide information to WRD and prepare an emergency plan; directs WRD to notify dam owners if their dam has a ‘significant’ or ‘high hazard’ rating and is in need of maintenance activity; and provides authority for the Water Resources Commission to take enforcement actions and to impose civil penalties for violations. The bill passed the House and Senate unanimously, and the House concurred unanimously with Senate amendments.
Effective: September 29, 2019 | Chapter 390
HB 2331 | Well Construction Enforcement Activities
HB 2331 would have prohibited the Water Resources Commission from taking enforcement action on general or special standards for well construction activities after three years from the date the well constructor filed the log with the Commission and would not have allowed for enforcement after a licensed contractor report, fee and log have been filed with the Commission. The bill also would have created a task force on Oregon Well Construction Enforcement Activities, which would have included a municipal representative. The Portland Water Bureau provided testimony citing concerns with the bill. The bill was unanimously approved by the House Natural Resources Committee and referred to the Joint Ways and Means Committee, where it remained upon adjournment.
HB 2656 | Activities on Forestland Supplying Drinking Water to a Public Water System
HB 2656, among other provisions, would have prohibited certain logging and pesticide or fertilizer application activities on forestland that supplies drinking water to a public water system. The bill also would have established criteria for exemptions, notice requirements, and penalties for violations. The bill had a public hearing in the House Energy and Environment Committee, but did not advance.
HB 2835 | Recreational Use of Certain Waterways
HB 2835 establishes a public right to the recreational use of certain waterways on state-owned lands. Specifically, the bill requires a state agency to post notice on its website before restricting or closing a public access site to a floatable natural waterway. During the House floor debate, the legislative sponsor established legislative record that the bill does not apply to municipally-owned or federally-owned lands and does not conflict with the need and ability of water utilities to continue to protect public water supply systems as currently authorized in statute. The bill passed the House 55-4, passed the Senate 20-8, and the House concurred with Senate amendments 52-7.
Effective: September 29, 2019 | Chapter 409
HB 2851 | Water Use Reporting
HB 2851 would have established that water users who are required by the Water Resources Department (WRD) to measure water use under a water right may also be required to report the data to WRD. The bill had a public hearing in the House Energy and Environment Committee, but did not advance.
City of Portland, Oregon 2019 State Legislative Report WATER AND WASTEWATER | 141
HB 2853 | Historic-Use Reservoir Registration
HB 2853 would have established a temporary process to allow the owner of a historic-use reservoir to register with the Water Resources Department and exempted historic-use reservoirs from the requirement to hold a water right. The bill had a public hearing in the House Energy and Environment Committee, but did not advance.
HB 2856 | Funding for Groundwater Studies in Priority Basins
HB 2856 would have allocated $9 million to the Water Resources Department (WRD) to conduct groundwater studies in priority basins, as determined by WRD. The bill also would have directed WRD to develop a 10-year groundwater study plan. The bill passed the House Energy and Environment Committee and was referred to the Joint Ways and Means Committee, where it remained upon adjournment. However, $1,659,740 was included in the WRD agency budget for groundwater data (see HB 5043 on page 110).
HB 2944 | Task Force on Oregon Domestic Use Water Supply
HB 2944 would have created a Task Force on Oregon Domestic Use Water Supply to develop strategies for controlling and preventing toxic algae bloom and other impacts of climate change on Oregon's domestic use water supply. The Task Force would have also examined sampling, testing, and quality inspection of water supplies; fielding of fixed and mobile mitigation equipment and technologies; and prioritizing available funding for the highest risk environments. The bill had a public hearing in the House Energy and Environment Committee, but did not advance.
HB 3132 | Voluntary Stream Restoration
HB 3132 would have required the Oregon Department of Fish and Wildlife to run a program for approving voluntary stream restoration and habitat improvement projects through the construction of environmental restoration weirs. The bill passed the House Natural Resources Committee and was referred to the Joint Ways and Means Committee, where it remained upon adjournment.
HB 3182 | Permitting Onsite Treatment and Reuse of Non-Potable Water
HB 3182 would have created a statutory framework for permitting onsite treatment and reuse of non- potable water. As introduced, the bill directed the Environmental Quality Commission (EQC), in consultation with the Building Codes Divisions, to adopt standards for an onsite treatment permitting process overseen by the Department of Environmental Quality (DEQ). Amendments further specified the criteria required for EQC rulemaking and the DEQ permit process and created a new section of statute for this purpose. The bill passed the House Energy and Environment Committee and was referred to the Joint Ways and Means Committee, where it remained upon adjournment.
City of Portland, Oregon 2019 State Legislative Report WATER AND WASTEWATER | 142
HB 3326 & HB 3340 | Harmful Algal Blooms Testing and Monitoring
HB 3326 would have directed the Oregon Health Authority (OHA) and the Department of Environmental Quality (DEQ) to coordinate to address harmful algal blooms (HABs). The bill directed OHA to identify water bodies susceptible to HABs, develop a system to monitor and test those water bodies, and develop a protocol for alerting the public when a HAB occurs. The bill also directed DEQ to develop a statewide response strategy, produce timely and high-quality data to allow OHA to calculate level of public health risk, maintain a clearinghouse with data on HABs, and address pollutants that contribute to HABs. HB 3340 was similar, but specifically would have directed DEQ to identify and work to address point and nonpoint sources of pollutants that contribute to HABs. Both bills had public hearings in the House Energy and Environment Committee. HB 3340 did not advance, and HB 3326 was referred to the Joint Ways and Means Committee, where it remained upon adjournment. However, the DEQ agency budget includes funding for two positions to monitor and analyze testing for HABs (see HB 5017 on page 109).
HB 5043 | Water Resources Department (WRD) Budget
See the State Budget section on page 110.
HCR 33 | Comprehensive State Water Vision
HCR 33 would have urged the Governor, state agencies and employees who impact water resources to work cooperatively with legislators, tribal governments, and water stakeholders to create a comprehensive state water vision. The bill had a public hearing in the House Rules Committee, but did not advance.
City of Portland, Oregon 2019 State Legislative Report I N D E X – SENATE BILLS | A
INDEX SB 1 ...... 75, 88 SB 219 ...... 132 SB 7 ...... 99, 123 SB 242 ...... 60 SB 8 ...... 79 SB 243 ...... 39 SB 10 ...... 79 SB 247 ...... 49 SB 22 ...... 88 SB 248 ...... 56 SB 24 ...... 88 SB 254 ...... 77 SB 27 ...... 108, 138 SB 256 ...... 45, 49 SB 34 ...... 28, 79 SB 262 ...... 12, 62 SB 36 ...... 62, 137 SB 276 ...... 49 SB 38 ...... 45 SB 278 ...... 62 SB 41 ...... 34 SB 283 ...... 30, 122, 135 SB 44 ...... 34 SB 284 ...... 39 SB 47 ...... 49, 138 SB 291 ...... 34 SB 48 ...... 79, 112, 114 SB 297 ...... 89, 132 SB 51 ...... 138 SB 300 ...... 135 SB 52 ...... 30 SB 312 ...... 30, 132 SB 68 ...... 45, 135 SB 313 ...... 134 SB 69 ...... 135 SB 331 ...... 80 SB 75 ...... 96 SB 332 ...... 39, 137 SB 79 ...... 112 SB 334 ...... 63, 80 SB 90 ...... 13, 16, 49 SB 336 ...... 82 SB 92 ...... 79 SB 360 ...... 56 SB 94 ...... 29, 53, 118 SB 365 ...... 21, 80 SB 95 ...... 34 SB 369 ...... 24, 63 SB 98 ...... 45 SB 372 ...... 123 SB 99 ...... 34 SB 379 ...... 21, 40 SB 107...... 123 SB 380 ...... 56, 63 SB 114...... 62, 112 SB 382 ...... 21 SB 116...... 32 SB 383 ...... 13, 99 SB 123...... 39 SB 410 ...... 17 SB 133...... 88 SB 413 ...... 123 SB 134...... 89, 132 SB 417 ...... 135 SB 139...... 60 SB 420 ...... 21, 99 SB 140...... 89 SB 421 ...... 24 SB 141...... 89 SB 423 ...... 99 SB 159...... 30, 75 SB 424 ...... 99 SB 180...... 30, 99 SB 431 ...... 16, 77 SB 185...... 56 SB 432 ...... 77, 110 SB 189...... 115 SB 437 ...... 40 SB 192...... 35, 67, 115, 122 SB 438 ...... 123 SB 197...... 62 SB 445 ...... 50 SB 199...... 114 SB 450 ...... 94, 123 SB 200...... 113 SB 451 ...... 45 SB 202...... 62, 112 SB 459 ...... 28, 113 SB 212...... 113, 121 SB 471 ...... 56, 94 SB 213...... 113 SB 479 ...... 40 SB 218...... 21 SB 484 ...... 63
City of Portland, Oregon 2019 State Legislative Report I N D E X – SENATE BILLS | B
SB 489...... 30, 100 SB 789 ...... 92 SB 494...... 40 SB 791 ...... 138 SB 499...... 90 SB 792 ...... 35 SB 501...... 100 SB 810 ...... 101, 125 SB 507...... 41, 100 SB 820 ...... 64 SB 508...... 46 SB 853 ...... 50 SB 523...... 113 SB 861 ...... 16, 32 SB 524...... 80 SB 884 ...... 139 SB 529...... 63, 80 SB 892 ...... 50 SB 534...... 13, 63, 81, 84 SB 898 ...... 17 SB 543...... 57, 113 SB 910 ...... 12, 90, 101 SB 548...... 124 SB 912 ...... 31, 101 SB 555...... 96 SB 925 ...... 101 SB 558...... 124 SB 927 ...... 81 SB 559...... 124 SB 928 ...... 26, 46 SB 560...... 124 SB 929 ...... 35, 81, 114 SB 561...... 124 SB 933 ...... 57 SB 569...... 81 SB 935 ...... 139 SB 570...... 28, 81 SB 939 ...... 65 SB 577...... 16, 100 SB 946 ...... 139 SB 582...... 22 SB 947 ...... 41, 42 SB 583...... 54 SB 954 ...... 65 SB 584...... 31, 100 SB 970 ...... 22, 65 SB 585...... 22 SB 971 ...... 132 SB 586...... 63 SB 973 ...... 90, 101 SB 587...... 60 SB 978 ...... 13, 15, 102 SB 595...... 64, 113 SB 998 ...... 125 SB 597...... 100 SB 1008 ...... 16, 102 SB 607...... 77, 114 SB 1012 ...... 82 SB 608...... 12, 15, 64, 66 SB 1018 ...... 32 SB 621...... 13, 64 SB 1021 ...... 125 SB 635...... 57 SB 1024 ...... 71 SB 639...... 22 SB 1044 ...... 46, 125 SB 649...... 60 SB 1045 ...... 65, 114 SB 651...... 35 SB 1046 ...... 58 SB 665...... 31, 89 SB 1049 ...... 15, 96, 97 SB 684...... 57, 122 SB 1050 ...... 82 SB 705...... 96 SB 1051 ...... 15, 26, 125 SB 716...... 57 SB 5512 ...... 12, 15, 64, 65, 108 SB 726...... 41 SB 5525 ...... 12, 90, 108, 138, 139 SB 743...... 124 SCR 37 ...... 86 SB 745...... 75 SJM 6 ...... 86 SB 746...... 125 SJM 7 ...... 26, 86 SB 756...... 138 SJR 1 ...... 112 SB 763...... 90 SJR 2 ...... 112 SB 771...... 17 SJR 18 ...... 32, 86 SB 775...... 101 SJR 21 ...... 112 SB 779...... 32
City of Portland, Oregon 2019 State Legislative Report I N D E X – HOUSE BILLS | C
HB 2001 ...... 13, 15, 17, 19, 65, 82 HB 2169 ...... 115 HB 2002 ...... 65 HB 2173 ...... 135 HB 2003 ...... 13, 66, 82 HB 2174 ...... 134 HB 2005 ...... 16, 41 HB 2184 ...... 136 HB 2006 ...... 64, 66 HB 2185 ...... 60 HB 2007 ...... 13, 16, 50, 94, 125 HB 2204 ...... 103 HB 2008 ...... 77 HB 2205 ...... 35 HB 2013 ...... 102 HB 2206 ...... 36 HB 2015 ...... 16, 126 HB 2208 ...... 13, 36, 110 HB 2016 ...... 42 HB 2209 ...... 36, 51 HB 2020 ...... 13, 15, 16, 26, 27 HB 2215 ...... 90 HB 2032 ...... 66, 75, 90 HB 2228 ...... 67, 83 HB 2040 ...... 133 HB 2233 ...... 22 HB 2051 ...... 102 HB 2234 ...... 33 HB 2052 ...... 114 HB 2237 ...... 62, 112 HB 2053 ...... 28, 114 HB 2241 ...... 98 HB 2055 ...... 66 HB 2242 ...... 46, 136 HB 2056 ...... 67 HB 2245 ...... 75 HB 2063 ...... 51, 94, 126 HB 2250 ...... 51 HB 2064 ...... 34 HB 2251 ...... 103 HB 2075 ...... 83 HB 2257 ...... 12, 91 HB 2076 ...... 51 HB 2269 ...... 43 HB 2084 ...... 139 HB 2270 ...... 13, 16, 75, 115, 117 HB 2085 ...... 35, 77, 140 HB 2285 ...... 58, 68 HB 2087 ...... 42 HB 2299 ...... 103 HB 2093 ...... 126 HB 2303 ...... 61, 103 HB 2094 ...... 94 HB 2306 ...... 17, 68, 78 HB 2098 ...... 23 HB 2310 ...... 29 HB 2108 ...... 83 HB 2312 ...... 51, 68 HB 2110 ...... 24, 83 HB 2314 ...... 126 HB 2112 ...... 126 HB 2320 ...... 117 HB 2122 ...... 115 HB 2322 ...... 27, 46, 83 HB 2123 ...... 115 HB 2323 ...... 77 HB 2127 ...... 67 HB 2324 ...... 77 HB 2128 ...... 115 HB 2326 ...... 31, 127 HB 2130 ...... 35, 67, 115, 122 HB 2327 ...... 31, 103 HB 2132 ...... 114 HB 2328 ...... 104 HB 2134 ...... 113 HB 2329 ...... 46 HB 2136 ...... 67 HB 2331 ...... 140 HB 2141 ...... 116 HB 2332 ...... 76 HB 2142 ...... 67, 116 HB 2333 ...... 18 HB 2144 ...... 29, 116 HB 2339 ...... 91 HB 2152 ...... 116 HB 2341 ...... 43 HB 2158 ...... 115 HB 2345 ...... 98 HB 2159 ...... 115 HB 2351 ...... 51 HB 2164 ...... 62, 67, 79, 113, 114, 115, 116, 121 HB 2352 ...... 52 HB 2166 ...... 24, 58, 117 HB 2353 ...... 98 HB 2168 ...... 136 HB 2357 ...... 83
City of Portland, Oregon 2019 State Legislative Report I N D E X – HOUSE BILLS | D
HB 2374 ...... 68, 117 HB 2620 ...... 37 HB 2377 ...... 16, 52, 91, 108 HB 2621 ...... 89, 124 HB 2401 ...... 104 HB 2623 ...... 53 HB 2408 ...... 29, 94, 117 HB 2624 ...... 89 HB 2415 ...... 94 HB 2625 ...... 104, 133 HB 2416 ...... 18 HB 2627 ...... 91 HB 2417 ...... 97 HB 2638 ...... 91, 133 HB 2418 ...... 41, 100 HB 2655 ...... 21, 40 HB 2420 ...... 18 HB 2656 ...... 140 HB 2423 ...... 18, 68 HB 2657 ...... 105 HB 2428 ...... 104 HB 2662 ...... 69, 76, 118 HB 2430 ...... 98 HB 2663 ...... 19, 70 HB 2431 ...... 98 HB 2664 ...... 67 HB 2434 ...... 84 HB 2667 ...... 92 HB 2436 ...... 52, 54 HB 2671 ...... 128 HB 2437 ...... 16, 52 HB 2682 ...... 124, 128 HB 2438 ...... 53 HB 2684 ...... 136 HB 2449 ...... 36, 104, 117 HB 2687 ...... 23 HB 2459 ...... 58 HB 2693 ...... 61 HB 2461 ...... 68 HB 2699 ...... 29, 53, 118 HB 2468 ...... 24 HB 2700 ...... 62 HB 2477 ...... 69 HB 2702 ...... 13, 128 HB 2485 ...... 69 HB 2709 ...... 33 HB 2489 ...... 43 HB 2711 ...... 95 HB 2494 ...... 47 HB 2714 ...... 33 HB 2496 ...... 47, 95 HB 2716 ...... 33 HB 2498 ...... 43 HB 2730 ...... 37 HB 2504 ...... 118 HB 2733 ...... 29 HB 2505 ...... 104 HB 2735 ...... 37 HB 2508 ...... 76 HB 2753 ...... 61 HB 2509 ...... 13, 16, 53 HB 2754 ...... 61 HB 2522 ...... 36, 118 HB 2755 ...... 61 HB 2528 ...... 69 HB 2764 ...... 70 HB 2530 ...... 69, 137 HB 2769 ...... 95 HB 2535 ...... 37 HB 2770 ...... 129 HB 2540 ...... 69 HB 2772 ...... 53 HB 2558 ...... 37 HB 2796 ...... 54, 70 HB 2560 ...... 136 HB 2802 ...... 70 HB 2565 ...... 37 HB 2805 ...... 76 HB 2571 ...... 31, 76 HB 2810 ...... 78 HB 2575 ...... 29, 53, 118 HB 2811 ...... 70, 118 HB 2577 ...... 84 HB 2812 ...... 70 HB 2589 ...... 43 HB 2818 ...... 44 HB 2592 ...... 95, 127 HB 2821 ...... 19, 37 HB 2593 ...... 44 HB 2831 ...... 92 HB 2603 ...... 128 HB 2834 ...... 54 HB 2614 ...... 128 HB 2835 ...... 140 HB 2618 ...... 47 HB 2838 ...... 97, 105
City of Portland, Oregon 2019 State Legislative Report I N D E X – HOUSE BILLS | E
HB 2846 ...... 129 HB 3134 ...... 119 HB 2851 ...... 140 HB 3135 ...... 120 HB 2853 ...... 141 HB 3136 ...... 120 HB 2856 ...... 141 HB 3137 ...... 120 HB 2861 ...... 97 HB 3138 ...... 120 HB 2866 ...... 122 HB 3141 ...... 19 HB 2881 ...... 129 HB 3157 ...... 19, 48 HB 2882 ...... 24, 54 HB 3159 ...... 59, 98 HB 2883 ...... 54 HB 3172 ...... 130 HB 2886 ...... 39, 137 HB 3181 ...... 73 HB 2893 ...... 70, 71 HB 3182 ...... 141 HB 2894 ...... 47, 71 HB 3184 ...... 73, 120 HB 2895 ...... 71 HB 3192 ...... 92 HB 2896 ...... 47, 70, 71 HB 3201 ...... 105 HB 2909 ...... 23 HB 3209 ...... 130 HB 2914 ...... 84 HB 3216 ...... 25, 105 HB 2916 ...... 71 HB 3226 ...... 85 HB 2934 ...... 29 HB 3240 ...... 76, 84 HB 2941 ...... 31, 92 HB 3242 ...... 59, 85 HB 2944 ...... 141 HB 3261 ...... 106 HB 2949 ...... 72, 119 HB 3264 ...... 73 HB 2959 ...... 72, 105 HB 3272 ...... 85 HB 2982 ...... 72 HB 3273 ...... 16, 92 HB 2997 ...... 72 HB 3274 ...... 48 HB 2999 ...... 129 HB 3277 ...... 31, 89 HB 3001 ...... 130 HB 3279 ...... 12, 93 HB 3009 ...... 44 HB 3281 ...... 90, 101 HB 3017 ...... 84 HB 3317 ...... 85 HB 3018 ...... 72, 84 HB 3326 ...... 142 HB 3021 ...... 25, 58, 130 HB 3327 ...... 59 HB 3022 ...... 44 HB 3329 ...... 106 HB 3023 ...... 13, 130, 131 HB 3335 ...... 106, 130 HB 3029 ...... 58 HB 3337 ...... 106, 130 HB 3031 ...... 41, 42 HB 3338 ...... 31, 106 HB 3046 ...... 133 HB 3340 ...... 142 HB 3061 ...... 58, 136 HB 3349 ...... 73, 120 HB 3062 ...... 47, 119, 130 HB 3359 ...... 73 HB 3063 ...... 15, 61, 76 HB 3376 ...... 38, 133 HB 3065 ...... 136 HB 3379 ...... 131 HB 3067 ...... 23, 119 HB 3385 ...... 41, 42 HB 3068 ...... 119 HB 3396 ...... 20, 73 HB 3078 ...... 19 HB 3407 ...... 48 HB 3094 ...... 48, 72 HB 3419 ...... 106 HB 3096 ...... 23, 119 HB 3425 ...... 27, 120, 131 HB 3116 ...... 38, 48, 54 HB 3426 ...... 95 HB 3117 ...... 105 HB 3427 ..... 13, 14, 15, 31, 32, 113, 115, 116, 121 HB 3123 ...... 97 HB 3431 ...... 95 HB 3132 ...... 54, 141 HB 3432 ...... 20, 25, 74
City of Portland, Oregon 2019 State Legislative Report I N D E X – HOUSE BILLS | F
HB 3435 ...... 59, 107 HB 3440 ...... 54, 121, 130, 131 HB 5002 ...... 50, 55, 109 HB 5005 ...... 12, 13, 15, 38, 74, 78, 108, 109 HB 5017 ...... 38, 48, 55, 109, 142 HB 5026 ...... 76, 109 HB 5030 ...... 13, 16, 38, 55, 77, 78, 110, 131 HB 5043 ...... 110, 141, 142 HB 5046 ...... 55, 108, 110 HB 5048 ...... 110 HB 5050 ...... 16, 38, 48, 77, 78, 93, 111, 131 HCR 2 ...... 86 HCR 27 ...... 86 HCR 30 ...... 87 HCR 33 ...... 87, 142 HJR 1 ...... 112 HJR 2 ...... 114 HJR 3 ...... 114 HJR 4 ...... 114 HJR 13 ...... 32, 86
City of Portland, Oregon 2019 State Legislative Report