Oregon
2024 Oregon legislative session was in stark contrast to tumultuous 2023 session
The short legislative session that concluded Thursday was in stark contrast to the tumultuous, 160-day session in 2023 that ended with eight straight days of long floor sessions to pass a flurry of bills before deadline.
The 2024 Legislature adjourned three days before the 35-day, Sunday deadline after passing legislation that party leaders had made clear were the session priorities: addressing the state’s drug crisis and housing shortage.
“From day one, we said we’d come together to address housing and homelessness and take up the difficult and emotionally charged conversation of how to help those struggling with addiction and keep our communities safe — and we did,” House Speaker Dan Rayfield, D-Corvallis, said in a statement.
The Oregon Supreme Court ruled before the session began Feb. 5 that 10 Republican senators who walked out during the 2023 session and had more than 10 unexcused absences would be barred from running for reelection.
House Republican Leader Rep. Jeff Helfrich, R-Hood River, told reporters Thursday night after adjourning he thought the session showed the success lawmakers could have when working together.
Focus on legislation around addiction, housing in Oregon
Lawmakers passed House Bill 4002, recriminalizing possession of small amounts of illicit drugs on March 1. The bill intended to roll back a key component of Measure 110 asks counties to commit to making deflection and diversion programs available and creates a new misdemeanor that places those arrested under mandatory probation first. If probation is revoked, the individual could face 180 days in jail. Lawmakers also directed $211 million toward implementing the new law and toward treatment programs.
Gov. Tina Kotek said in a statement Thursday night she intends to sign HB4002 within 30 days.
“My office will work closely with each implementing authority to set expectations, specifically in response to the Criminal Justice Center’s Racial Equity Impact Statement, which projected disproportionate impacts to communities of color and the accompanying concerns raised by advocates,” Kotek said.
The law, she said, will require “commitment from state and local government to uphold the intent that the Legislature put forward: to balance treatment for individuals struggling with addiction and accountability.”
Kotek’s bill to boost housing production to meet her goal of building 36,000 new units a year passed early in the final week of the session.
The package of bills directs more than $300 million toward housing and allows cities a one-time expansion of their Urban Growth Boundary. The bill also creates a brand-new Housing Accountability and Production Office and a $75 million loan fund.
Compromise campaign finance reform bill
Lawmakers also passed historic campaign finance reform, introducing contribution limits to Oregon.
The legislation — a compromise between labor unions, business groups and “good governance” groups — took shape quickly with two ballot initiatives poised to ask voters to approve campaign finance reform during the November general election.
Backers of those ballot initiative efforts said they would withdraw their petitions if Kotek signs the bill into law.
The bill would limit contributions by individuals and corporations to $3,300 to a statewide candidate per election cycle, and political party and legislative caucus committees to $30,000. Limits would be lower for non-statewide candidates running in legislative, district attorney or circuit court judge races.
These and other limits outlined in the bill would go into effect on Jan. 1, 2027.
The bill also requires the Oregon Secretary of State to hire a full-time employee to provide outreach and education and to publicly release a list of the 100 largest contributors to candidates or committees 10 days before each election, starting in 2028.
Julie Fahey elected new Oregon House Speaker
One of the last acts of the session was formally electing Rep. Julie Fahey, D-Eugene, as the new House Speaker.
Fahey thanked Rayfield for the “tone and expectations” he set as speaker the two years after Kotek stepped down to run for governor, and for her colleague’s trust and confidence.
She urged lawmakers to remember they weren’t just legislators, but the “voice of the people.” In her speech, she said lawmakers would next tackle passing a transportation funding package and additional policies around housing and homelessness.
Rayfield, who is running for Oregon attorney general, made a speech ahead of his formal resignation, which he announced before the session.
“What we do here in this building is unquestionably some of the most meaningful work any of us can do on behalf of Oregonians,” he said. “Looking back on the incredible progress we made this session on housing, addiction, and community safety, I leave the speakership knowing our work will create positive ripples and opportunities for all families and communities across the state for years to come.”
Legislation related to the environment
After four years of work, lawmakers this year passed the nation’s strongest “right to repair” bill.
Senate Bill 1596 makes it easier for consumers and independent repair shops to fix smartphones, computers and other products containing electronics sold in Oregon. It requires electronics manufacturers to make available parts, tools, manuals and documentation consumers and independent repair professionals can use to fix damaged products.
The legislation makes Oregon the first in the nation to address the practice of “parts pairing,” which can be used to inhibit independent and self-repair by reducing functionality of products fixed outside of a manufacturer’s authorized repair network.
“This legislation is an opportunity to give people more choice on how to repair their devices, create pathways to saving consumers money, and reduce the harmful environmental impacts of our increased reliance on technology and the waste we create when we cannot repair,” said Rep. Courtney Neron, D-Wilsonville, a chief sponsor of the bill.
Lawmakers also passed an environmental bill that establishes how the state will spend and manage the nearly $700 million it received in a historic legal settlement over pollution associated with products made by agriculture giant Monsanto.
The 2022 settlement with Bayer, the German biotechnology and pharmaceutical company that now owns Monsanto, was the largest environmental damage recovery in Oregon’s history. Bayer said the agreement contained no admission of liability or wrongdoing and resolved all of Oregon’s claims.
Polychlorinated biphenyls, or PCBs, were used in many industrial and commercial applications — including paint, coolants, sealants and hydraulic fluids — until they were banned by Congress in the late 1970s. PCBs associated with Monsanto products still contaminate Oregon’s landfills and riverbeds and show up in fish and wildlife. The chemical compounds have been found to cause cancer in animals and are probable carcinogens for humans, according to the Environmental Protection Agency.
The money from the settlement will be deposited into a new fund. It will go toward environmental remediation projects and disproportionately impacted communities in order to tackle water, land and air pollution.
Environmental advocates saw some other wins this year as well:
House Bill 4083 directs the Oregon State Treasury to end new investments in thermal coal and to phase out an estimated $1 billion in current holdings in coal stocks. It requires the Treasury to annually report on progress to the Legislature.
House Bill 4132 increases the state’s investment in its system of marine reserves and protected areas. It requires the Oregon Department of Fish and Wildlife to create a management plan for Oregon’s five marine reserves, and directs ODFW to work with tribes, fisheries and local communities to make sure the scientific work being done on the reserves incorporates regional knowledge and is usable for communities on the coast.
~Tracy Loew and the Associated Press
Legislation related to education
In response to a lawsuit filed against Salem-Keizer Public Schools and a former teacher, the Legislature passed a bill to better protect students from sexual grooming in schools.
House Bill 4160, sponsored by Rep. Kevin Mannix, R-Salem, increases the time during which an individual is considered a “student,” from 90 days to one year after graduating or leaving high school, for laws requiring reporting, investigation and disclosures about a school employee, contractor, agent or volunteer engaging in sexual contact with a student.
The $10 million lawsuit alleges former McNary High School choir teacher Joshua Rist groomed and sexually abused two women while they were students between 2015 and 2020.
“On behalf of Salem-Keizer Public Schools, we thank Rep. Mannix and all members of the Oregon delegation that voted in support of HB 4160,” Salem-Keizer Public Schools Superintendent Andrea Castañeda said. “This legislation adds a critical new stitch in the legal fabric that keeps our students safe.”
Other education legislation passed included:
Lawmakers passed a $30 million bill to expand summer learning programs for K-12 students. The measure seeks to make up for learning losses from the COVID-19 pandemic. It prioritizes funding for programs that serve disadvantaged students, such as those with disabilities or from low-income families.
House Bill 4147 allows education providers to install cameras on school bus stop sign arms to catch drivers who illegally pass the buses, and to work with law enforcement to cite violators. The bill prohibits the cameras from recording drivers or students while they are on the bus, and providers who use the cameras must inform school bus drivers about them and post signs on the bus notifying the public about their use.
Senate Bill 1502 requires school district, community college and university boards to post recordings of their meetings online for the public.
House Bill 4082 appropriates $30 million for summer learning programs. It also requires the Oregon Department of Education to study the establishment of summer learning as a permanent part of Oregon’s K-12 system.
~Tracy Loew and the Associated Press
Recreational immunity legislation
The short legislative session brought a surprisingly big moment for outdoor recreation in Oregon.
Recreation and tourism groups came together in support of Senate Bill 1576, which passed with overwhelming support. The civil omnibus bill includes an amendment to temporarily restore the legal power of recreational immunity — a law that protects landowners who open their land for recreation.
The law was thrown into question last July when Oregon’s Court of Appeals ruled the city of Newport couldn’t use recreational immunity to dismiss a lawsuit from a woman who sued the city after slipping and breaking her leg while crossing a trail bridge.
CIS Oregon, which provides insurance to most Oregon cities and counties, said the court had “effectively ended recreational immunity” and local governments should consider closing trails.
In response, around 22 trails were closed, mostly on the coast. It halted a number of other trails projects being planned, multiple city officials said.
If Gov. Tina Kotek signs the legislation, it should allow those trails to reopen and trails projects that had been halted to restart.
The bill is only a temporary fix and sunsets in 2026. Sen. Floyd Prozanski, D-Eugene, the author of the bill, said plans are in the works for a working group that would look at a longer-term fix.
~ Zach Urness
Bills passed to help wildfire survivors
The Oregon Legislature passed two bills aimed at financially helping survivors of wildfires.
Senate Bill 1520, sponsored by Sen. Brian Boquist, I-Dallas, creates a tax exemption for awards stemming from lawsuits related to wildfires.
Multiple lawsuits have resulted in millions in settlements and awards to survivors over the past year, primarily from legal action against PacifiCorp, which a jury found at fault for igniting four of the 2020 Labor Day wildfires — Santiam/Beachie, Echo Mountain Complex, 242 and South Obenchain.
The legislation exempts any awards or judgments from state taxes.
Senate Bill 1545, sponsored by Rep. Jami Cate, R-Lebanon, and Sen. Fred Girod, R-Stayton, grants a property tax break to destroyed homes rebuilt after the 2020 wildfires.
~ Zach Urness
Criminal penalties for interfering with animal abuse investigations
Lawmakers passed House Bill 4043, which criminalizes the interference of an investigation into an offense against an animal.
The law would apply to those who intentionally or knowingly conceal or transport an animal or take action to prevent a peace officer or licensed veterinarian from examining an animal suspected of being the subject of animal abuse or neglect. The violation would be a Class A misdemeanor under Oregon state law.
Rep. Charlie Conrad, R-Eastern Lane County, who sponsored the bill, said “any acts of good animal husbandry or practicing veterinary medicine are not a violation.”
~Haleigh Kochanski
Lawmakers redefine definition of electric-assisted bicycles
Lawmakers passed House Bill 4103 updating the definitions of electric-assisted bicycles.
The bill known as Trenton’s Law is named after Trenton Burger, a 15-year-old boy who was struck and killed in June 2023 in Bend while riding a Class 2 e-bike.
“When our community lost Trenton, our community immediately converged to decipher how to prevent any further incidents,” Rep. Emerson Levy, D-Central Oregon, said in a statement. “We discovered that the statute around e-bikes hadn’t been updated since 1997.”
Under the new law, kids under 16 may ride Class 1 e-bikes, which provide assistance only when the rider is pedaling and stops providing assistance when the bicycle reaches a speed of 20 mph.
Only people 16 or older could operate a Class 2 e-bike, which cease to provide assistance when the bike reaches 20 mph, or a Class-3 e-bike, which stop providing assistance when the bike reaches 28 mph.
~Haleigh Kochanski
Drug price and access to treatment legislation
Lawmakers allocated $4.5 million to increase staffing and establish a 24/7 call line and mobile nurse clinic in Springfield and Eugene, in response to the PeaceHealth emergency department closure in Eugene in December.
Rep. Nancy Nathanson, D-North Eugene, sponsored House Bill 4136 and another bill, House Bill 4149, which will place further regulations and require more transparency from Pharmacy Benefit Managers.
PBMs influence the pharmaceutical industry and can impact which drugs are covered by insurance and where prescriptions can be filled. HB 4149 was initiated in response to an August secretary of state audit that found the lack of transparency required of PBMs caused barriers to medication access and misused taxpayer dollars.
Senate Bill 1506 will allow pharmacists to test and provide medication treatment for COVID-19 to decrease the burden on primary and urgent care clinics and increase access to treatment.
Senate Bill 1578 will establish an online portal to make it easier for health care providers to schedule health care interpreters. This bill will directly support Oregonians covered by Oregon Health Plan who need language interpreter services, as the online system will automatically process billing for services provided to Oregon Health Plan members.
Senate Bill 1508 will restrict state Medicaid services from using quality-adjusted life year (QALY) standards for determining which treatments are covered by Oregon Health Plan and will cap the price of insulin at $35 for a 30-day supply and $105 for a 90-day supply.
QALY measures treatment effectiveness by how much it improves patients’ quality of life, but those in opposition say QALY standards are discriminatory against older patients and those with disabilities.
House Bill 4081 will modernize emergency medical services (EMS) by establishing a statewide EMS network, improve data systems and coordinate statewide and regional plans. The bill is intended to increase access to emergency care in rural areas of Oregon.
House Bill 4012 will ban health care insurers from requiring medications to be obtained from a specific pharmacy.
House Bill 4113 will require insurers to count all copays made toward deductibles and out-of-pocket maximums, regardless of if the payment was made on behalf of an individual through a pharmaceutical copay program.
~ Sydney Wyatt
Behavioral health and addiction crisis legislation
House Bill 4092 requires the Oregon Health Authority to analyze and allocate funding for community mental health programs. It also directs OHA to study ways to decrease administrative procedural burdens for state-established community programs, such as lengthy paperwork requirements.
House Bill 4023 forbids local governments from requiring developers of residential treatment facilities to obtain zone change or conditional use permit. Eliminating these steps is intended to expedite efforts to increase behavioral health treatment facilities and beds across the state.
House Bill 4150 establishes a coordinated, secure system to share information with health care professionals about previous patient overdoses within the past year. If a patient has overdosed recently, providers who have prescribed a narcotic in the past can adjust the treatment plan and possibly prevent future overdoses.
~ Sydney Wyatt
Health care workforce recruitment and retention
House Bill 4045 creates a new class of employees in Oregon’s Public Employees Retirement System for those who work in hazardous positions, including Oregon State Hospital workers who have direct contact with patients.
The new classification allows those individuals to retire earlier with higher pensions. The enhanced benefits are intended to improve workforce retention and recruitment, which has contributed to ongoing staffing shortages at the psychiatric hospitals in Salem and Junction City.
House Bill 4010 makes a range of changes including allowing the state’s two psychiatric hospitals to focus on staffing challenges. Section 4 of the bill exempts the state hospitals from staffing requirements outlined in House Bill 2697, which required all hospitals to establish a hospital service staffing committee.
House Bill 4151 creates a task force to study ways to increase and sustain the youth behavioral health workforce. The task force also will study the diversity of the current workforce and propose ideas for increasing diversity within the youth behavioral health care community.
~ Sydney Wyatt
Dianne Lugo covers the Oregon Legislature and equity issues. Reach her at dlugo@statesmanjournal.com or on Twitter @DianneLugo.
Oregon
No utility rate increases until wildfire lawsuits resolved, Oregon lawmakers propose
Three Oregon lawmakers say they plan to introduce a bill that would bar utilities from raising rates if they have unresolved wildfire lawsuits for three or more years, describing it as an effort to hold PacifiCorp accountable as the utility faces a series of lawsuits stemming from the deadly 2020 wildfires that ravaged the state.
Republican state Reps. Jami Cate, Virgle Osborne and Ed Diehl announced their proposal in a statement Monday, on the heels of an approved rate increase for PacifiCorp customers and a federal lawsuit against the electric power company.
The federal government sued PacifiCorp last week over the Archie Creek Fire, which ignited in Oregon’s Douglas County in September 2020 and burned more than 200 square miles, about half of which was federal land. The complaint accuses the company of negligence for failing to maintain its power lines to prevent wildfires. In its filing, the government says it brought the suit to recover “substantial costs and damages.”
A PacifiCorp spokesperson said in an emailed statement Monday that the company was working with the U.S. government to resolve the claims.
“It is unfortunate the U.S. government decided to file a lawsuit in federal district court, however PacifiCorp will continue to work with the U.S. government to find reasonable resolution of this matter,” the statement said.
The federal lawsuit was filed on the same day the Oregon Public Utility Commission approved a 9.8% rate increase for PacifiCorp’s residential customers next year. In its rate case filings, the company said its request to increase rates was partly due to higher costs stemming from wildfire risk and activity.
When the new rate takes effect in January, PacifiCorp rates will have increased nearly 50% since 2021, according to the Oregon Citizens’ Utility Board, which advocates on behalf of utility customers.
The three lawmakers said they will introduce their bill in the upcoming legislative session, which starts in January.
“The federal government is doing the right thing by filing this lawsuit, and we stand firmly behind it,” Osborne, who is set to be the future bill’s co-chief sponsor, said in a statement. “PacifiCorp needs to pay up and take responsibility for the destruction they’ve caused, and putting a stop to rate hikes is the best way to achieve it.”
PacifiCorp is poised to be on the hook for billions in damages in the series of lawsuits over Oregon’s 2020 fires.
The company has already reached two settlement agreements over the Archie Creek Fire, including one for $299 million with 463 plaintiffs impacted by the blaze and another for $250 million with 10 companies with commercial timber interests, according to its website.
In other litigation, an Oregon jury in June 2023 found it liable for negligently failing to cut power to its 600,000 customers despite warnings from top fire officials and determined it should have to pay punitive and other damages — a decision that applied to a class including the owners of up to 2,500 properties. Since then, other Oregon juries have ordered the company to pay tens of millions to other wildfire victims.
The wildfires that erupted across Oregon over Labor Day weekend in 2020 were among the worst natural disasters in state history, killing nine people and destroying thousands of homes.
— The Associated Press
Oregon
North Central Oregon and Central Oregon under a wind advisory until Thursday morning
On Wednesday at 2:18 a.m. the National Weather Service issued a wind advisory valid from 10 p.m. until Thursday 10 a.m. for North Central Oregon and Central Oregon.
The weather service states, “South winds 10 to 20 mph with gusts up to 45 mph expected.”
“Gusty winds will blow around unsecured objects. Tree limbs could be blown down and a few power outages may result,” adds the weather service. “Winds this strong can make driving difficult, especially for high profile vehicles. Use extra caution.”
Advance Local Weather Alerts is a service provided by United Robots, which uses machine learning to compile the latest data from the National Weather Service.
Oregon
Oregon lawmakers to introduce bill barring utility rate increases amid unresolved wildfire lawsuits
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