“They Did What in 35 Days?” March 2022

Extraordinary lifts without a spotter

By Cindy Robert - Rainmakers LLC
AIA Oregon Lobbyist

The issues that the 81st Oregon Legislative Assembly dealt with were impressive both in number and in impact – but the juxtaposition of doing so much in a predominantly virtual environment certainly causes concern for advocates and citizens alike.

Session adjourned just before noon on Friday, March 4, 2022. This was a “short-session” year with the Constitution limiting the time frame to 35 days (they had until Monday), but the Constitution does not limit the depth of issues or breadth of bills. Theoretically, the short sessions were meant to be about tweaking the budget, technical fixes to policies already passed, and addressing emergencies. But since annual sessions were conceived, we have seen the short even-year gatherings lead to much more and with the most recent revenue forecast for the state, there was unprecedented money to spend.

The heavyweights:

Future Ready Oregon - SB 1545 - a $200 million investment in job training with a focus on key Oregon industries in need of skilled workers, includes:

$95 million for community organizations to distribute to workers to subsidize costs like childcare, housing and transportation as they learn new skills.
$35 million for local workforce boards to recruit and train workers in construction, manufacturing and health care, with a focus on historically underserved communities, including people of color, women, people with low incomes, rural communities, and disconnected youth.
$20 million for apprenticeship programs at the state Bureau of Labor and Industries.
$15 million for career programs at community colleges.

Low wage worker subsidy - HB 4157 - a $600 one-time stimulus payment to low-income workers who were on the job in the early days of the pandemic.

The payments go to those who claimed the Earned Income Tax Credit in 2020.
The Department of Revenue estimates 245,000 Oregonians would be eligible.

Broadband - HB 4092 - creating a framework for future investments (including taking advantage of $250 million in federal broadband funding), strengthening state oversight and helping develop broadband access at libraries across the state.

Police reforms:

SB 1510 limits the types of violations police officers can use as a reason to initiate a traffic stop and makes changes to the state’s parole and probation system.
HB 4008 modifies law enforcement agencies use of certain crowd management measures allowing police more options.

Unlawful marijuana grow regulation - HB 4074 addresses worker mistreatment and human trafficking associated with illegal cannabis cultivation and distribution and provide $6 million in grant funding to community-based organizations to address humanitarian concerns.

Agriculture Overtime - HB 4002 – phases-in overtime pay requirements for agricultural workers who are currently exempt from requirements for overtime compensation. When the Fair Labor Standards Act was passed in 1938 it excluded agricultural workers from both state and federal overtime pay requirements.

Voting: HB 4144 makes it a misdemeanor to harass an elections worker.

$400 million investment in housing & homelessness including:

$50 million for Project Turnkey to continue converting motels into homeless shelters.
$35 million to build 175 affordable homes in rural areas of the state.
$25 million to nine large cities and counties for temporary shelters, outreach services and hygiene services.
$20 million to preserve five manufactured home parks, saving about 300 affordable homes.

$100 million investment in childcare including:

$21 million for $500 retention payments to childcare workers in 2022 and 2023.
$40 million for recruiting and training new childcare providers and helping facilities expand.
$27 million to increase childcare subsidies for low-income families.

$100 million to increase the state’s behavioral health housing and residential treatment capacity.

$132 million investment in behavioral health workforce.

$100 million for climate change mitigation measures including:

$15 million to electric vehicle purchase rebate program.
$15 million to establish electric-charging stations along major highways, giving priority to communities disproportionately hit by diesel pollution.
$15 million for air conditioners and heat pumps for homes.
$5 million in rebates for residential solar projects in homes
$5 million to help low-income Oregonians repair and renovate their homes to make them more energy efficient.
$2.6 million for drought resiliency.

Education funding

$150 million to school districts and education service districts providing summer classes to help high school students catch up on course credit, offer enrichment in core subjects like math, science and English and enhance student emotional and behavioral health.
$26 million to expand career and technical education in high schools, provide college-level learning opportunities and prevent student from dropping out.
$19 million to fund college expenses for enrolled members of Oregon-based tribes.
$5 million to increase graduation rates for Black and African American students.
$4 million for the Oregon Teacher Scholars Program for scholarships of $10,000 to non-native English speakers nearing the end of their teaching degree programs.
$238,000 to increase high school graduation rates for Native Hawaiian and Pacific Islander students.

Indeed, big heavy lifts in a short period of time. However, much of the work behind policies and funding formulas is done in the interim. It truly shows that many of our legislators are working much more than “part-time” as the job is described and is compensated for. The effort to raise salaries for legislators failed this session and as more and more time is being spent on policy efforts, our part-time citizen legislature is crumbling under the weight. We either need to trim the amount of work by putting sideboards on short sessions or we need to fairly pay those who serve.

And since many of you have written to ask me about the weightiest of all decisions…HB 4151 failed - you still cannot pump your own gas in Oregon!

AIA Oregon

One of our priorities this session was passage of legislation to strengthen the Reach Code. SB 1518 as introduced gave local governments the ability to adopt the Reach Code as a specialty code, hence making them able to require adherence. As amended and passed by the legislature, SB 1518 becomes a task force – BUT this has two good outcomes:

The Resilient Efficient Buildings Task Force (REbuilding) has a broader issue purview as legislation asks the Task Force to evaluate polices relating to building codes and building decarbonization for new and existing buildings, which will enable the state of Oregon to meet its greenhouse gas emissions reduction goals. The task force is further directed to consider developing recommendations, costs, savings, and benefits of the polices relating to residential, commercial, and industrial buildings. More topics – more buildings!
Architects have a seat on the task force!

Additionally, the legislature dedicated funding to the work being done…read more about this bill and others we tracked on the following pages.

As always, many thanks to your Legislative Committee for weekly meetings and time spent between parsing, researching and discussing legislation. The Legislative Committee will continue to meet monthly to prepare for the 2023 legislative session – please let AIA Oregon know if you are interested in participating!

HB 4057 Passed

Establishes minimum energy efficiency standards for irrigation spray sprinkler bodies manufactured on or after January 1, 2023, and which are included in the scope of the United States Environmental Protection Agency’s “WaterSense Specification for Spray Sprinkler Bodies, Version 1.0.”

Requires spray sprinkler bodies to include an integral pressure regulator and meet water efficiency and performance criteria. Prohibits individuals from selling or offering for sale a new spray sprinkler body unless the energy efficiency of the new product meets or exceeds the minimum energy efficiency standards specified in statute (ORS 469.233), except when the device is:

1) Manufactured in this state and sold outside this state

2) Manufactured outside this state and sold at wholesale inside this state for final retail sale and installation outside this state

3) Installed in a mobile or manufactured home at the time of construction, or

4) Designed expressly for installation and use in recreational vehicles.

Prohibits individuals from installing a new spray sprinkler body for compensation unless the energy efficiency of the new product meets or exceeds the minimum energy efficiency standards specified in statute (ORS 469.233), except if the product is installed in a mobile or manufactured home at the time of construction or designed expressly for installation and use in recreational vehicles. Becomes operative on January 1, 2023.

Authorizes Oregon Department of Energy (ODOE) to take any action before operative date that is necessary to exercise all of the duties, functions, and powers conferred on ODOE by this Act before, on, and after the operative date. Takes effect on 91st day following adjournment sine die.

HB 4068 Passed

AIA Oregon continues to be interested in the evolution of policies, programs and agencies impacting State preparedness and resilience.

HB 4068 has several provisions around emergency preparedness, including:

Requirements for emergency response exercises
Transferring the Oregon Homeland Security Council from the Office of the Governor to the Department of Emergency Management
Directing the Council to develop a plan for an emergency stockpile program, with reporting requirements to the Legislature on the plan in the 2023 session.

HB 4068 makes various changes to emergency management protocol and infrastructure in Oregon intended to better prepare the State in times of an emergency disaster, including the transfer of the Oregon Homeland Security Council from the Office of the Governor to the ODEM and transfer of the Oregon Pre-Disaster Mitigation Fund from the Oregon Military Department (OMD) to ODEM.

This measure requires ODEM to develop and administer a program for periodic emergency response exercises. ODEM is directed to coordinate a multidisciplinary, all-hazards emergency response exercise and involve at least 10 percent of the public or private safety agencies in Oregon on an annual basis. ODEM is directed to provide advice and recommendations to state agencies and counties regarding the requirements of the trainings, track reports submitted by entities conducting the exercises, and consult with the Oregon Homeland Security Council to determine priorities for subjects of exercises.

HB 4068 also requires the Oregon Homeland Security Council, in consultation with emergency management agencies, ODEM or its predecessor office, and the Oregon Health Authority, to develop a plan to ensure all Oregonians have access to robust stockpile supplies and equipment for use in an emergency; including personal protective equipment and raw materials for the sustained manufacture thereof, communicable disease testing equipment and all-hazards emergency surge supplies, that can be deployed on a regional basis. This measure outlines the requirements of the plan and requires the council to provide a report on the development of the plan to the Legislative Assembly no later than April 15, 2023.

Finally, HB 4068 requires all elected officials, administrative heads of state agencies, and everyone in state government management service to complete introductory courses offered or approved by the Federal Emergency Management Agency on incident command and the National Incident Management System. This measure also requires all local government officials who could be expected to have an emergency or disaster response responsibility to complete education on emergency response.

HB 4156 Passed

Initially a bill for funding around for Pre-Disaster Mitigation Fund and dollars for ODEM above – this bill was amended to provide an infrastructure for broadband funding statewide as well as making necessary adjustments to the 2021-23 legislatively approved budget.

SB 1518 Passed

Senate Bill 1518 establishes the 27-member Task Force on Resilient Efficient Buildings (REbuilding Task Force). The measure requires the Task Force to:

1) Identify and evaluate policies related to building codes and building decarbonization for new and existing buildings that would enable state to meet greenhouse gas emissions reduction goals (ORS 468A.205), while maximizing certain additional benefits

2) Receive testimony, perform research, consult experts, review appropriate literature, solicit feedback from disproportionately impacted communities, and other activities to inform scope of Task Force’s duties

3) Make policy recommendations for legislation to interim committees related to the environment prior to the 2023 regular session, and,

4) Contract through the Legislative Policy and Research Office, in consultation with Task Force co-chairs, with contractor to provide certain services.

The bill requires the President of the Senate to appoint the chair of the Senate Energy and Environment Committee (Sen. Kate Lieber, D-Beaverton) to serve as the co-chair and a republican senator to serve on the Task Force. Requires the Speaker the House of the Representative to appoint the chair of the House Environment and Natural Resources Committee (Rep. Pam Marsh, D-Ashland) to serve as the co-chair and a republican representative to serve on the Task Force (the Speaker chose Rep. Mark Owen, R-Crane – Eastern Oregon). Requires the President of the Senate and the Speaker of the House to jointly appoint 23 additional members with specific experience:

2 members from construction trades, at least one of whom represents electrical workers and at least one of whom has experience with apprenticeship
2 members who represent builders, general contractors or developers that construct commercial buildings, multifamily housing or affordable housing, at least one of whom has experience constructing buildings with energy efficiency that exceeds current building code requirements
2 members who represent builders, general contractors or developers that do residential development, at least one of whom has experience in constructing buildings with energy efficiency that exceeds current building code requirements
1 member who represents architects
2 members who represent firms that are subcontractors for other builders or developers, at least one of whom represents an electrical subcontractor
1 member who represents building owners or operators
2 members who have expertise in making or implementing policies to respond to climate change or energy use policies
1 member who represents a utility that provides electricity service in this state
1 member who represents a utility that provides natural gas service in this state
1 member who advocates for public utility ratepayers
2 members who represent local governments, as defined in ORS 174.116, one of whom must represent an urban region of this state and one of whom must represent a rural region of this state
2 members who represent groups that advocate for environmental justice
1 member who represents advocates for affordable housing
1 member who is involved in or familiar with energy efficiency incentive programs
1 member who represents a public health perspective or is employed in public health
1 member with experience in developing, implementing or enforcing building codes.

Due to the complexities of this work being asked of the Task Force, the bill appropriates a total $279,359 General Fund to LPRO for the 2021-23 biennium. The appropriation covers the costs of one limited duration Senior Legislative Analyst position (0.67 FTE) at a cost of $179,359 General Fund in 2021- 23. This position will support the Task Force by providing subject matter expertise, organizational support, and coordination with contractor services. LPRO is further directed to contract for services in process facilitation, data, technical expertise, or advice on best practices related to the Task Force. The cost of this contract is unknown, but it is anticipated not to exceed $150,000 by December 31, 2023, the sunset date of the Task Force. The General Fund appropriation supports $100,000 for the contracting costs anticipated to be expended in the 2021-23 biennium.

SB 1519 Passed

Grants property tax exemption for proportion of community solar project that is owned by residential customers or leased by residential subscribers. Takes effect for property tax years on or after July 1, 2022.

Currently, several statutes address solar projects. For larger projects, under ORS 307.175, property constituting a solar project located in an unincorporated county area is exempt from property taxes when an agreement has been made between the governing body of the county and the owner of the solar project. That tax exemption program requires a payment in lieu of tax or PiLoT, and a summary can be found in the Department of Revenue's Tax Expenditure Report, TER 2.047. Small projects, which may fall under the property tax exemption for alternative energy systems, exempts net metered solar, including those on residential property. A summary of this program can be found in TER 2.113.

SB 1567 Passed

SB 1567 directs owners or operators of bulk oils or liquid fuels terminals in Columbia, Multnomah, or Lane Counties to conduct and submit seismic vulnerability assessments to the Department of Environmental Quality by June 1, 2024. Additionally, the measure directs the Department of Energy (ODOE) to develop an energy security plan.

Requires seismic vulnerability assessment to include:

1) Seismic risk assessment conducted by qualified professionals using the most recent industry standards

2) Determination of the bulk oils or liquid fuels terminal’s vulnerability to liquefaction triggering and liquefaction consequences

3) Determination whether the certain existing structures or supporting facilities have been designed, improved, or retrofitted to reduce potential for significant structural damage in event of a Cascadia Subduction Zone earthquake

4) Determination of most vulnerable structures to seismic risks and the potential of those structures to maintain safe operating conditions or safe shut down procedures.

Requires DEQ to review and approve seismic vulnerability assessments. Authorizes Environmental Quality Commission (EQC), in consultation with the State Department of Geology and Mineral Industries (DOGAMI), to adopt requirements for the seismic vulnerability assessment by rule and to require owner to submit updates under certain circumstances no more than once every three years. Requires DEQ to submit report on seismic vulnerability assessments to interim committees of Legislative Assembly by November 1, 2024.

Requires owner or operator of bulk oils or liquid fuels terminal to properly implement seismic risk mitigation implementation plan approved by DEQ. Directs EQC in consultation with DOGAMI to, by rule, adopt seismic risk mitigation implementation program for bulk oils or liquid fuels terminal that is based on risk. Stipulates that confidential business information submitted to DEQ through seismic vulnerability assessment and seismic risk mitigation implementation plan processes is confidential and not subject to public disclosure, except that DEQ may disclose summarized information or aggregated data. Establishes Seismic Risk Mitigation Fund to be appropriated to DEQ to be used to review seismic risk mitigation implementation plans, review seismic risk assessments, and provide grants or other financial assistance to owners of bulk oil or liquid fuels terminals.

Requires Oregon Department of Energy (ODOE) to develop energy security plan that meets certain criteria and report plan to interim committees of Legislative Assembly by June 1, 2024. Requires ODOE to report on energy security plan implementation and revisions no later than September 15 of each even-numbered years. Requires DEQ to report to Legislative Assembly, including recommendations for legislation no later than November 1, 2024 on information received from the seismic vulnerability assessments and policy recommendations for applying Act to additional regions of the state based on risk to each additional region from an earthquake or tsunami.

DEQ anticipates costs of $712,318 General Fund and four positions, three of which are permanent, for startup and implementation of this new program. ODOE anticipates costs of $327,996 and notes that funding for the energy security plan was included in the federal 2021 Infrastructure Investment and Jobs Act.

SB 1586 Passed

SB 1586, regarding Non-Disclosure Agreements, is narrowly focused on provisions regarding discrimination and sexual assault.

As background, in 2019 the Oregon Legislature passed the Workplace Fairness Act (WFA). Under the WFA, a private employer must adopt a written policy outlining their procedures and practices for reducing and preventing discrimination and sexual assault. The WFA also prohibits employers from entering into a nondisclosure agreement (NDA) as a condition of employment, continued employment, promotion, compensation, or receipt of benefits if the NDA prevents an employee or prospective employee from disclosing or discussing employment discrimination or sexual assault that occurred between employees or between the employer and the employee. Also in 2019, the Legislative Assembly passed Senate Bill 479 which applied the same requirements and prohibitions to public employers.

The law currently provides two exceptions that would permit an employer to enter into an otherwise prohibited NDA. First, an NDA is permitted if an employee claiming to be aggrieved by employment discrimination requests the NDA as part of a settlement, separation, or severance agreement. Second, an NDA is permitted if the employer makes a good faith determination that the employee engaged in employment discrimination. An aggrieved employee may file a complaint with the Commissioner of the Bureau of Labor and Industries and file a civil action, which can result in recovery of back pay for the prior two-year period as well as compensatory and punitive damages.

Senate Bill 1586 extends the prohibition regarding NDAs to cover former employees. Additionally, it does the following:

Provides that whenever an employer and former, current, or prospective employee enter into an agreement that releases a claim of unlawful conduct constituting specified types of discrimination, including sexual assault, against the employer, the agreement may include one or more specified provisions only upon request of the employee.
Specifies that a provision preventing the disclosure of the amount of or fact of any settlement may be included only upon request of the employee.
Declares that an employer's offer of settlement that is made conditional upon the employee's request to include a specified provision to be a violation.
Requires an employer to provide to a person with whom the employer seeks to enter into an agreement a copy of the employer's written policy regarding procedures and practices to reduce and prevent discrimination and declares a failure to provide the policy to be a violation.
Provides an exclusion for agreements that are entered into following the employer's good faith determination that the employee engaged in prohibited conduct regarding specified forms of discrimination, including sexual assault.
Permits a person who files a complaint related to violations to recover liquidated damages of up to $5,000.
Declares an agreement that is not permitted by an exception to be void and unenforceable.
Permits an employer to enforce a nondisclosure agreement that is unrelated to an agreement regarding alleged discrimination by an employer.
Requires mediators to provide to an unrepresented party in a mediation related to alleged discrimination by an employer a copy of the model procedures and policies for the reduction and prevention of specified forms of discrimination made available by the Bureau of Labor and Industries.

HB 4020 Failed

Requires certain residential general contractors proposing remodel or repair project of more than $20,000 in value to tour residential structure with property owner and provide property owner with itemized and detailed description for each feature of proposed construction work

HB 4041 Failed

Relating to building codes applicable to essential facilities. Permits Building Codes Structures Board to adopt licensing standards for performing structural masonry. Permits Construction Contractors Board to adopt licensing standards for applying or installing fireproofing materials in essential facilities. Requires Department of Consumer and Business Services to adopt rules to require adequate fireproofing in all newly constructed essential facilities.

HB 4063 Failed

Clarifies public improvements and conditions of development a local government may require as an assessment of substantial completion prior to land use approval of a residential subdivision, including road design to support all-weather access for emergency response or heavy construction vehicles, and necessary offsite improvements for emergency services as well as water, stormwater, and sewage disposal. Modifies definition of “substantial completion” to clarify local government authority to set development standards or determine alternative standards under an agreement with a developer.

SB 1512 Failed

Restricts consideration of criminal convictions to deny, suspend or revoke an occupational or professional license unless the conviction is substantially related to the duties of the occupation or profession; provides criteria for the licensing body to determine whether a substantial relationship exists.

SB 1537 Failed

Requires Department of State Fire Marshal, State Board of Architect Examiners, State Board of Examiners for Engineering and Land Surveying, Department of State Lands, and State Historic Preservation Officer to produce housing cost impact statements when adopting or repealing rules, or amendments to rules. Redefines "housing cost impact statement" to require agencies to produce development cost estimates of proposed rulemaking on construction of single-family dwellings and middle housing units for sale at 80 to 150 percent of Oregon median family income. Requires agencies to produce findings on whether proposed rulemaking will displace historically disadvantaged community members or families with incomes below 50 percent of median family income in areas in which the proposed rulemaking applies. Requires agencies to produce findings on whether proposed rulemaking will have significant adverse effect on ability of historically disadvantaged community members to buy housing for sale at 80 to 150 percent of median family income in areas in which the proposed rulemaking applies. Requires agencies to produce findings on whether proposed rulemaking will require residential developers to adopt additional training, record keeping, inspections, or verification, and requires agencies to estimate development impacts of administrative requirements on certain housing types.