OFB Review of the 2021 Virtual Oregon Legislative Session

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OFB Review of the 2021 Virtual Oregon Legislative Session
OFB Review of the 2021 Virtual
               Oregon Legislative Session
               T
                       he 2021 Oregon         relegated to their comput-     workable regulations to
Foundation             Legislative Session
                       was a session like
                                              ers and phones. Despite
                                              these difficulties, our
                                                                             allow rebuilding after wild-
                                                                             fire loss and allow farmers
    for        no other. With progres-        members showed up virtu-       to better utilize ag build-

 Education
               sive supermajorities in        ally, contacted their leg-     ings, and improving our
               both chambers and the          islators, and engaged in       state’s water data and
               Capitol closed to the pub-     their communities to stop      water planning.
               lic due to the Governor’s      harmful proposals, seek         Despite the struggle busi-
               COVID-19 executive             critical funding, and advo-    nesses have faced this
               orders, this session pre-      cate for changes to state      year, the legislative ses-
               sented unique challenges       policy. We are grateful and    sion ended with record
               for agriculture. How-          proud that our members         state revenues and an
               ever, after six months of      participated in the virtual    influx of federal dollars
               engagement by your OFB         session so effectively.        into the state’s coffers.
               team, Farm Bureau mem-          Thanks to member              With this budget growth,
               bers, and our partners,        engagement, OFB was            OFB secured invest-
               we are proud to report         able to defeat propos-         ments in Oregon’s natu-
               that Oregon farmers and        als around agricultural        ral resources, increasing
               ranchers fared well in         overtime, water measure-       funding for key water
               the 2021 virtual legisla-      ment and reporting, bans       infrastructure, water mas-
               tive session. We secured       on predator management         ters, predator control,
               major legislative victories    tools, bans on dairies and     wolf compensation, water
               and improved funding for       mink farms, harmful tax        quality, funding for OSU
               critical natural resource      proposals, and private         Statewides, and a natural
               programs.                      rights of action for enforc-   disaster relief fund.
                With the backdrop of the      ing state law.                   Finally, the once-a-
               COVID-19 pandemic, the          OFB also negotiated           decade redistricting pro-
               historic 2020 wildfires, the   positive changes to doz-       cess that was set to occur
               February ice storms, the       ens of bills to lessen or      this session was delayed
               statewide drought, and         remove impacts to agri-        as a result of the U.S.
               recent heat losses, this       culture, including pro-        Census Bureau being
               last year has been incred-     posals to create new           unable to deliver the nec-
               ibly difficult for Oregon’s    wildfire-related land use      essary data prior to the
               agricultural community.        regulations, expedite the      end of the 2021 legisla-
               These challenges were          siting of broadband, and       tive session. The Oregon
               compounded by the con-         make changes to agency         Legislature will be back in
               sideration of policies with    authority.                     September for a special
               a deep impact on agricul-       Farm Bureau also had          session focused on redis-
               ture in a session where        a significant proactive        tricting, and we will keep
               the public was unable          agenda, passing bills to       you posted as that pro-
               to engage directly in the      allow croplands to join        cess shapes up!
               legislative process, with      rangeland protection            With your lobbyists and
               farmers and ranchers           associations, creating         the public shut out of the

OregonFB.org
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OFB Review of the 2021 Virtual Oregon Legislative Session
OFB 2021 L E GIS L ATIV E RE V IE W
Foundation
    for
 Education

OFB’s Legislative Champions
Capitol, OFB relied on         common-sense legislation.
our legislative champions       As always, long-time OFB
more than ever. Thank-         champion Senator Betsy
fully, we have some great      Johnson (D-Scappoose)
advocates for agriculture      was a stalwart advocate for
in Salem. These indi-          natural resources, helping
viduals worked with their      stop a myriad of bad natu-
colleagues to help us          ral resource bills, support-
negotiate bills and ensure     ing critical natural resource
that agriculture was pro-      budget priorities, and being
tected this session.           a strong voice for Oregon’s
  OFB was very blessed to      farmers, ranchers, forest-
have significant support       ers, and small business
from the state’s farmer        owners in all discussions       OFB was very blessed to have significant support from the state’s farmer
legislators, all of whom       in Salem. Senator Johnson       legislators, all of whom are also Farm Bureau members. From left are Rep.
are also Farm Bureau           is a true supporter of our      Jami Cate, Rep. Vikki Breese-Iverson, Rep. Mark Owens, Rep. Bobby Levy,
members. We thank Rep.         industry, and we are thank-     and Rep. Shelly Boshart Davis. Not shown is Senator Chuck Thomsen.
Shelly Boshart Davis           ful to have her in Salem.
                                                               working with her Demo-               their work to help address
(R-Albany) for her leader-       OFB also appreciates          crat colleagues to help              policies that were concern-
ship on labor, transpor-       the strong leadership and       ensure agriculture’s needs           ing to OFB, and their advo-
tation, and redistricting      support of Senate Minor-        were considered on key               cacy with their colleagues.
issues; Rep. Mark Owens        ity Leader Senator Fred         proposals.                            Finally, while we did not
(R-Burns) for his leader-      Girod (R-Stayton), who
ship on water and fire;                                        OFB also thanks Rep.                 always agree on policy,
                               always takes the time to
Rep. Vikki Breese Iver-                                       David Brock Smith                     we thank Rep. Ken Helm
                               meet with OFB staff, help
son (R-Prineville) for her                                    (R-Port Orford), Rep.                 (D-Hillsboro) and Rep.
                               address our concerns and
leadership on water and                                       Daniel Bonham (R-The                  Pam Marsh (D-Ashland)
                               support our priorities, and
predator issues; Rep.                                         Dalles), Senator Bill                 for always taking the time
                               use his strong relationships
Jami Cate (R-Lebanon)                                         Hansell (R-Athena), and               to meet with us, under-
                               to support agriculture.
for her leadership on agri-                                   Senator Lynn Findley                  stand our concerns, and
culture and crop produc-         Despite being one of the (R-Ontario) for their strong              work with us on key policy
tion issues; Rep. Bobby        busiest legislators in the     support and tireless work             proposals. While we may
Levy (R-Hermiston) for         building, House Minor-         to help stop bad propos-              not have always agreed,
her leadership on reve-        ity Leader Rep. Christine als, move forward good                     we appreciate their com-
nue and predator issues;       Drazan (R-Canby) always bills, and fight for farm-                   mitment to listening with an
and Sen. Chuck Thom-           prioritized OFB’s concerns, ers and ranchers in their                open mind, running a fair
sen (R-Hood River) for his     big and small, and man-        districts this legislative            process, and considering
leadership on labor and        aged an incredibly effective session.                                new ideas.
business issues. Without       strategy that helped secure
                                                               We want to thank Rep.                  We also appreciate our
these farmer legislators in    big legislative victories for
                                                              Brian Clem (D-Salem),                 voting and supporting
the building to share first-   her caucus this session.
                                                              Rep. Janeen Sollman                   Farm Bureau members
hand the impacts of pro-         Rep. Susan McLain            (D-Hillsboro), Rep. Anna              for their support and belief
posed policy, OFB would        (D-Forest Grove) contin-       Williams (D-Hood River),              in the value of our organi-
not have been nearly as        ued her track record of        and Senator Lee Beyer                 zation. This year showed
successful at stopping         being a strong advocate        (D-Springfield) for their             us more than ever the frag-
bad bills, securing bud-       on agricultural bills, helping support of the farmers and            ile nature of our agricul-
get support, and passing       OFB on critical issues and ranchers in their districts,              tural economy. Thank you
                                                           2
OFB Review of the 2021 Virtual Oregon Legislative Session
O F B 2 0 2 1 L E G I S L AT I V E RE V IE W
                                                                                                                Foundation
                                                                                                                    for
                                                                                                                 Education
for farming through the       including removing the       to the following sched-        also invested significantly
pandemic, natural disas-      definition of “wildland      ule: 55 hours in 2022,         in water resources, with a
ters, and political unrest    urban interface” (WUI)       48 hours in 2023, and          massive “water package”
to ensure that our nation     from the bill, creating an   40 hours in 2024. This         funded by the state in the
has a reliable food, foli-    appeals process for land-    three-year phase in mir-       final days of the legislative
age, and fiber supply. OFB    owners, and ensuring that    rors the negotiated over-      session.
is honored to represent       defensible space stan-       time bill that passed in         In the Water Committee,
your interests with elected   dards could not impact       Washington State earlier       Chair Ken Helm (D-Bea-
officials and government      local land use decisions,    this year. Additionally, a     verton) and Vice-Chair
agencies in both Salem        OFB ultimately supported     last-minute amendment          Mark Owens (R-Burns)
and Washington, D.C.          the bill.                    to HB 2358 was added           worked closely together,
                              However, there is signifi- to provide a $100 million        and most bills moved out
Big Issues                  cant work to be done dur- employer transition fund
                                                           to assist employers during
                                                                                          of the committee with
                            ing rulemaking to ensure                                      bipartisan support. Most
of 2021                     that farmers, ranchers,        the three years the new        of the legislative session
                            and rural landowners are       mandate is phased in.          was devoted to a work-
Wildfire                                                   HB 2358 died in the Joint
                            protected from possible                                       group on HB 3166, the
  After the devastating     impacts of the bill. OFB       Committee on Ways &            bill regarding water use
Labor Day fires, wildfire   will be actively engaged in Means at the adjournment          measurement and report-
policy was a major topic    each rulemaking under the of session.                         ing, with environmental
of the legislative session. bill to ensure that agricul-     While we were ultimately     groups pushing to enact
OFB tracked over 40 wild- tural crops are protected        successful in our advo-        a statewide measurement
fire-related bills through- and the WUI is narrowly        cacy on HB 2358, we            and reporting system and
out the session and spent defined in rule.                 know this conversation is      water user groups pushing
hundreds of hours on SB                                    not over. Employer and         to better understand the
762, the omnibus wildfire   Agricultural                   farmworker representa-         state’s data needs and put
mitigation and suppres-     Overtime                       tives will likely continue     sideboards on the collec-
sion bill. SB 762 includes    OFB battled two bills this meeting over the interim         tion and use of water data.
provisions for utility man- session that would dras-       and another proposal for       OFB invested hundreds
agement, the creation of    tically alter agricultural     consideration in 2022 or       of hours in the workgroup
a statewide fire risk map,  employment in Oregon           2023. OFB will continue        and small workgroup
defensible space stan-      by requiring agricultural      to push back against any       conversations, ultimately
dards for high-risk prop-   employers to pay their         proposal that will result in   proposing an approach to
erties, clean air shelters  employees overtime: HB         job loss or reduced wages      water measurement and
during wildfire smoke,      2358 and SB 616. HB            for agricultural workers.      reporting that contained
shared stewardship agree- 2358 quickly became the          In the interim, we hope to     strong sideboards and
ments, appropriations for   primary bill, subject to       conduct a study to ensure      ensured the data would
firefighting resources, and several amendments and that stakeholders are                  be properly used by the
much more.                  intense hearings where         armed with best available      state. The environmental
  OFB had significant con- Farm Bureau mem-                information on the eco-        community rejected our
cerns with provisions in    bers   showed   up  in force.  nomic consequences of          proposal, and the work-
the bill that would have    Despite our opposition,        different overtime policies.   group was unable to reach
severely limited landowner  HB    2358  was  amended                                      a consensus, resulting
engagement in the pro-      and moved to Ways &            Water                          in HB 3166 dying for the
cess and language that      Means in the last weeks          With an entire committee     session. However, OFB
would have caused major of session with a pro-             devoted to water issues in     supported HB 2018, which
unintended consequences     posal   to phase  in  overtime the House, OFB engaged         we believe provides an
for landowners. After sig-  pay for Oregon’s agri-         on more water bills than       alternative framework for
nificant amendments,        cultural  sector according     ever before. The state         investing in water data for

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OFB 2021 L E GIS L ATIV E RE V IE W
Foundation
    for
 Education

planning purposes. We        investor-owned electric-
                             ity providers to reduce
                                                              Bills That                  require reinvestment in the
                                                                                          company or the employ-
anticipate that the com-
mittee and the agency will   greenhouse emissions             Passed                      ment of a certain ratio of
continue to have signifi-    by sourcing 100% clean                                       employees; raises $30
                                                              Labor
cant conversations in the    energy for their custom-                                     million-$40 million in new
                             ers. Public utilities and         HB 3398 (Delayed           revenue. OFB opposed;
interim about how the
                             consumer-owned utilities         Implementation of Paid      bill passed.
state should go about
                             are exempt. After over           Family Leave): Delays
collecting the data they                                                                    SB 727 (SALT Fix):
                             50 amendments, legisla-          implementation of Ore-
need for planning and                                                                     Allows a workaround for
                             tors adopted emissions           gon’s Paid Family Leave
decision-making.                                                                          LLCs and pass-through
                             reductions targets of 80%        Insurance law — the pay-
 In addition, the commit-                                                                 entities to pay an upfront
                             by 2030, 90% by 2035,            roll tax is delayed until
tee worked on bills that                                                                  entity-level tax to the state
                             and 100% by 2040. OFB            January 2023 and benefits
made a minor change                                                                       that would trigger the abil-
                             opposed this legislation         payout is delayed until
to Oregon’s automatic                                                                     ity for pass through enti-
                             and remains concerned            September 2023. OFB
stay provision for water                                                                  ties to claim the entirety of
                             about grid reliability           neutral; bill passed.
appeals, allowed for cer-                                                                 their state and local taxes
                             and the anticipated rate      SB 483 (Workplace              on federal tax returns.
tain transfers of stored     impacts that will be borne  Retaliation): Creates a          OFB neutral; bill passed.
water, and changed well      by electric customers.      rebuttable presumption
construction standards.                                                                    SB 164 (Changes to
                               The Department of Envi- that retaliation or discrimi-      CAT): Makes minor
  Our state also passed      ronmental Quality (DEQ)     nation occurred if within
a comprehensive water                                                                     adjustments to Oregon’s
                             also saw a significant      60 days of an employee
package this session, with budget increase of $2 mil- or prospective employee             new Corporate Activity
millions directed toward                                                                  Tax: (1) changing the stat-
                             lion to fund the agency’s   engaging in protected
water infrastructure invest- ongoing climate work. The activities, the employer           ute to allow for fiscal year
ments in communities and agency had been work-                                            CAT tax filings, and (2)
                                                         fires the employee, bars
irrigation districts and dam ing nonstop throughout                                       exempting from taxation
                                                         the prospective employee
repair projects; millions                                                                 the compensation of any
                             the legislative session to  from employment, or
invested in the Oregon                                                                    consignee engaged in the
                             craft rules for a new Cap- otherwise discriminates           sale of groceries on behalf
Water Resources Depart- and-Reduce regulatory            against that person. OFB
ment (OWRD) grant                                                                         of the owner of the grocer-
                             program, as directed by     opposed; bill passed.
and loan program; and                                                                     ies to the extent that the
                             Governor Brown’s execu-                                      compensation is related
resources directed to sev- tive order 20-04. OFB has Tax
eral key OWRD functions. weighed in throughout                                            to groceries. OFB neutral;
                                                           HB 3389 (Unemploy-
Additionally, the Legis-                                                                  bill passed.
                             the rulemaking process to ment Tax Fix): Allows
lature passed a water        raise concerns about the    employers to defer pay-          Water
rights fee increase despite cost of natural gas and      ment without penalties            HB 2018 (Water Data
record revenue in the        other fuels for consum-     or interest until June 30,       and Planning): Directs
state’s coffers.             ers, as well as the impact 2022, of up to one-third          Oregon Water Resources
Climate Change               of the proposed program     of unemployment insur-           Department (OWRD) to
                             on farm and ranch fami-     ance tax owed in 2021 if         invest in groundwater
  This session, legisla-
tors set their sights on     lies. We are disappointed their tax rate increased by        data, water budgets, and
                             to see such a substan-      at least 0.5 percentage          recharge information to
the highly controversial
                             tial investment in a pro-   points between 2020 and          facilitate planning. OFB
HB 2021, following Gov-
ernor Brown’s Cap-and-       gram that failed to garner 2021. OFB neutral; bill           supported; bill passed.
                             legislative support and     passed.
Reduce executive order.                                                                    HB 2145 (Well Con-
HB 2021 targets emis-        will ultimately raise costs   SB 139 (Small Business         struction Update):
sions generated by elec-     for  Oregon  families and   Tax  Rates): Restructures        Updates well construction
tric utilities and requires  businesses.                 small business tax rates to      standards and contains

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O F B 2 0 2 1 L E G I S L AT I V E RE V IE W
                                                                                                                                          Foundation
                                                                                                                                              for
                                                                                                                                           Education

Farm Bureau members met at the OFB headquarters in Salem to testify remotely against the ag overtime bill. All session long, members did an
excellent job of navigating virtual committee hearings to make sure the perspective of agriculture was heard by lawmakers.

new requirements for                 program; OFB neutral on                  SB 33 (Food Safety                Wildfire
OWRD to evaluate wells.              negotiated increase. OFB                Fee Increase): Increased
                                                                                               SB 762 (Omnibus Wild-
OFB neutral; bill passed.            neutral; bill passed.                   food safety fees 15%
                                                                                              fire Bill): Directs numer-
 HB 2244 (Stays of                                                           (down from proposed 30%
                                                                                              ous state agencies to
                                     Wildlife/Predator                       increase). OFB opposed;
                                                                                              create rules address-
Water Rights Enforce-
                                     Management:                             bill passed.     ing impacts from wildfire
ment): Requires notice
be served on OWRD prior               HB 2068 (Landowner                                      smoke, wildfire mitigation,
                                                                Environment
to invoking automatic                Preference Tag Pro-                                      suppression, and emer-
                                                                 HB 2021 (100% Clean          gency preparedness. OFB
stay provision in water              gram): Extends sunset on
                                                                Energy): Aims to phase        supported after extensive
rights enforcement. OFB              landowner preference tag
                                                                out natural gas as an elec- amendments; bill passed.
opposed; bill passed.                program. OFB supported;
                                                                tric-generating resource
 HB 3103 (Transfer of                bill passed.                                              SB 590 (Croplands in
                                                                in Oregon by 2040 and
Stored Water): Authorizes                                                                     RPAs): Allows lands used
                                                                make Oregon’s electricity
                                     Crop Production                                          for crop cultivation to join
OWRD to process trans-                                          grid reliant on hydro, solar,
fers of type of water use             HB 2031 (Federal                                        Rangeland Protection
                                                                and wind power. OFB
for storage water rights             Certification Update):                                   Associations, appropri-
                                                                opposed; bill passed.
and creates workgroup to             Aligns state pesticide law                               ates resources. OFB sup-
                                                                 SB 582 (Recycling            ported; bill passed.
determine requirements               with federal certification Overhaul): Creates pro-
for other storage transfers.         updates. OFB supported; ducer responsibility model HB 2289 (Rebuild Bill):
OFB opposed; bill passed.            bill passed.                                             Establishes an alternative
                                                                for recycling in Oregon,
                                                                                              process for alteration, res-
 HB 2142 (Water Rights                HB 3000 (Comprehen-       requiring producers to
                                                                                              toration, or replacement
Fees): Increases water               sive Hemp Regulations): pay for and participate in       of certain uses affected by
rights transaction fees.             Comprehensive update of third-party organizations        2020 wildfires. OFB sup-
OFB opposed; bill passed.            state hemp regulations,    to fund the collection and
                                                                                              ported; bill passed.
                                     including changes to the   recycling of waste. Paper
Livestock                                                       and plastic products used      HB 2809 (Temporary
                                     Oregon Department of
 HB 2785 (Meat Inspec-                                          on farm were exempted         Shelter):   Allows tempo-
                                     Agriculture (ODA) license
tion Program): Created                                          with the exception of         rary siting for up to 24
                                     process and enforcement
grant program for creation                                      those sold at retail. OFB     months of recreational
                                     resources for Southern                                   vehicles on properties with
and upgrading of meat                                           opposed; bill passed.
                                     Oregon. OFB supported;                                   dwellings that wildfires
processing facilities in the                                     SCR 17 (Environmen-
                                     bill passed.                                             have made uninhabitable.
state. OFB supported; bill                                      tal Justice Goals): Cre-
passed.                               HB 2284 (Hemp Com-                                      OFB supported;
                                                                ates environmental justice
                                     mission): Created Oregon goals for the State of          bill passed.
 SB 32 (Brand Inspec-
                                     Hemp Commission. OFB       Oregon. OFB opposed;           HB 3219 (Manufactured
tion Fee): Increased
                                     supported; bill passed.    bill passed.                  Dwellings):    Requires
fees in brand inspection
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OFB 2021 L E GIS L ATIV E RE V IE W
 Foundation
     for
  Education
local governments to
approve the reconstruction
                                    family or household, and
                                    do not pose a greater
                                                                             Bills That                   of the Department of
                                                                                                          Consumer & Business
of manufactured dwelling            ­hazard to persons or                    Failed                       Services or designated
parks that were destroyed            ­property. OFB supported;                                            representative of direc-
by the 2020 wildfires. OFB            bill passed.                           Labor                        tor from assessing civil
supported; bill passed.              HB 2160 (Pendleton                        HB 2358 (Ag Overtime): penalty against employer
 SB 405 (Non-Conform-               Expansion): Authorizes                   Requires overtime pay for for serious violation caus-
ing Uses): Tolls time city          the Land Conservation &                  Oregon’s agricultural sec- ing injury or harm to
or county may consider              Development Commis-                      tor according to the follow- employee that is result of
nonconforming use if                sion to approve plans for                ing schedule: 55 hours in certain employee conduct.
interrupted or abandoned            urban growth boundary                    2022, 48 hours in 2023,      OFB supported; bill died.
during wildfire or pan-             expansion to accommo-                    and 40 hours in 2024.
demic emergency. OFB                date affordable housing
                                                                                                          Tax
                                                                             OFB opposed; bill died.
supported; bill passed.             in Pendleton. OFB sup-                                                  HB 2972 (Land Value
                                                                               HB 2205 (Private Attor-
 SB 863 (Evacuation                 ported; bill passed.                                                  Taxation): Directs Leg-
                                                                             ney General Act): Creates
Routes): Allows a fire pro-            SB 16 (Eastern Ore-                                                islative Revenue Officer
                                                                             mechanism to allow third-
tection district to acquire         gon Border Economic                                                   to study land value taxa-
                                                                             party lawsuits in the name
real property or an ease-           ­Development Region):                                                 tion and submit report to
                                                                             of the State for the viola-
ment, by purchase or                 Allows counties to par-                                              interim legislative com-
                                                                             tion of any statute, includ-
other voluntary agree-               tition and rezone up to                                              mittees related to reve-
                                                                             ing civil penalties. OFB
ment, for the purpose of             200 acres of lands within                                            nue. Defines “land value
                                                                             opposed; bill died.
establishing a fire evacu-           Eastern Oregon Border                                                taxation” to mean property
                                                                               HB 2813 (Wildfire          tax system that imposes
ation route. OFB neutral;            Economic Development                    Smoke Exposure):             higher uniform rate of tax
bill passed.                         Region from exclusive                   Requires employees to        on land assessments than
Land Use/Private                     farm use to residential                 have respirators on site     on improvement assess-
Property                             uses. OFB neutral; bill                 when the local air qual-
                                     passed.                                                              ments. OFB opposed;
 HB 2611 (Barn Bill):                                                        ity index is above 151 due bill died.
Allows agricultural build-           HB 2654 (Rural Broad-                   to wildfire smoke. When
                                    band): Expedites the                                                    HB 3317 (Property Tax):
ings to not lose building                                                    the AQI exceeds 500,
                                    process for siting broad-                                             Exempts from ad valorem
code exemption if used to                                                    employees are required to
                                    band in existing utility                                              property taxation only
store non-farm items, so                                                     wear respirators to protect
long as items are inciden-          easements. OFB heavily                                                machinery and equip-
                                                                             them from adverse health
tal and accessory, per-             negotiated this bill to add                                           ment used to compress
                                                                             impacts due to smoke
sonal to farm owner and             landowner protections.                                                and bale harvested straw,
                                                                             inhalation. OFB opposed;
farm owner’s immediate              OFB neutral; bill passed.                                             hay, grass, or other plants.
                                                                             bill died.
                                                                                                          OFB opposed; bill died.
                                                                               HB 3025, SB 488, SB
                                                                                                            HB 2096 (Ag Housing
                                                                             802 (COVID-19 Pre-
                                                                                                          Tax Credit): Increases
                                                                             sumption): Creates an
                                                                                                          maximum agriculture
                                                                             automatic presumption
                                                                                                          workforce housing tax
                                                                             of COVID-19 exposure in
                                                                                                          credits issued by Hous-
                                                                             the workplace for workers’
                                                                                                          ing & Community Services
                                                                             compensation for “essen-
                                                                                                          Department to $16.75 mil-
                                                                             tial workers,” including
                                                                                                          lion per biennium. OFB
                                                                             agriculture and food pro-
                                                                                                          supported; bill died.
                                                                             cessing workers. OFB
                                                                             opposed; bill died.            HB 3208 (CAT Resale
                                                                                                          Certificate): Allows farm-
The 2021 Virtual Oregon Legislative Session posed many challenges, but         SB 528 (Employee
OFB still secured major legislative victories and improved funding for                                    ers who sell commodities
                                                                             Fault): Prohibits director
critical natural resource programs.

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O F B 2 0 2 1 L E G I S L AT I V E RE V IE W
                                                                                                                 Foundation
                                                                                                                     for
                                                                                                                  Education
to processors to qualify for    SB 583, HB 2924 (Dairy          Crop Production             equipment, heavy duty
the resale certificate that    Farming Ban): Bans                 HB 2229 (Seed Pre-        trucks, and dyed diesel.
is currently available for     “large” dairies in Oregon.       emption): Undermines        OFB opposed; bill died.
those who sell commodi-        OFB opposed; bill died.          Oregon’s seed preemp-    HB 2814 (Indirect
ties to brokers or whole-       SB 387 (Stockwater              tion law by exempting  Source     Regulatory Pro-
salers. OFB supported;                                          Josephine County. OFB   gram): Creates new air
                              Exemption): Removes
bill died.                                                      opposed; bill died.     quality regulatory program
                              exemption for stockwater
  HB 2839, SB 137 (Dis-       wells in Oregon water law. HB 3249 (Chlorpyrifos          to regulate diesel emis-
connect from Federal          OFB opposed; bill died.     Research): Makes invest- sions in places where
CARES Act Tax Ben-                                        ments to find alternatives vehicles congregate. OFB
efits): Disconnects from      Wildlife/Predator
                                                          to chlorpyrifos through two opposed; bill died.
Federal CARES Act               HB 3167 (Predator Con- appropriations: $850,000          SB 286 (Environmental
tax incentives aimed at       trol Districts): Removes    to Oregon Department of       Justice): Reconstitutes
increasing liquidity and      sunset on 2015 predator     Agriculture’s Minor Crops Environmental ­Justice
cash flow to businesses       control district program    Advisory Committee to         Task Force; creates
facing a very uncertain       that allowed landowners     fund research to identify     new tools to aid state in
economy. OFB opposed;         to assess themselves to     alternatives to chlorpyrifos ­evaluating environmental
bill died.                    fund wildlife services. OFB for Oregon’s minor crops      justice. OFB involved in
                              supported; bill died.       and $400,000 to OSU’s         negotiations on bill;
Water
                                HB 2723, SB 869 (Regu-    IR-4  program  to support     bill died.
  HB 3166 (Measurement                                    research trials on alterna-
                              lation of Take of Preda-                                  Forestry
and Reporting): Cre-                                      tives to chlorpyrifos. OFB
                              tory Animals): Allows
ates new requirements                                     supported, bill died.          HB 2389 (Harvest Tax):
                              Oregon Department of
for measurement and                                                                    Removes sunset on For-
                              Fish & Wildlife to set lim-   HB 2192 (Interagency
reporting of water use in                                                               est Products Harvest Tax
                              its, times, and require-    Pesticide Review):
Oregon. OFB opposed as                                                                  and pegs tax to annual
                              ments for removal of        Establishes Interagency
amended; bill died.                                                                     inflationary adjustment.
                              predatory animals. OFB      Science Review Panel
  HB 2594 (Forestry                                                                     OFB opposed; bill died.
                              opposed; bill died.         on Pesticides within the
Water Quality): Creates                                   Oregon Health Author-          HB 2598 and HB
                                HB 2844 (Take of Bea-
new requirements for for-                                 ity to determine safety of    2379 (Severance Tax):
                              vers on Private Land):
ested watersheds that                                     pesticides. OFB opposed; Imposes severance tax
                              Sets new licensing
provide drinking water.                                   bill died.                    on harvested timber. OFB
                              requirements for taking
OFB opposed; bill died.                                                                 opposed; bills died.
                              beaver on private land.       HB 2281, HB 2674, and
  HB 3091 (Transfers of       OFB opposed; bill died.     HB 3013 (Hemp Bills):          HB 2357 and SB 828
Stored Water): Expedited                                  A number of bills that        (OFRI):   Reconstituted
to Oregon Supreme Court         HB   2843 (Take   of Bea-
                                                          made key changes to the ­timber commodity com-
any case determining          vers on Public Land):
                                                          Oregon Hemp Program           mission. OFB opposed;
whether Water Resources       Prohibits  take  of bea-
                                                          were folded into HB 3000. bills died.
Department had author-        ver on federal lands or in
                                                          OFB supported; bills were      HB 2070 (Harvest Tax):
ity to transfer stored water. waters running through      amended in HB 3000.           Department of Forestry bill
OFB supported; bill died.     federal lands. OFB
                              opposed; bill died.                                       to reauthorize harvest tax.
                                                          Environment
                                                                                        OFB neutral; bill died.
Livestock                       HB 2728 (Coyote Hunt-       HB 2674 (Diesel Study
  SB 832 (Mink Farming        ing Contests): Prohibits    and Diesel Taxes):            Wildfire
Ban): Bans mink farms         coyote hunting contests,    Amendments to this bill        HB 3160 (Wildfire Insur-
in Oregon 180 days after      except under limited        would have imposed new ance Tax): Tax on insur-
passage. OFB opposed;         circumstances. OFB          taxes on sale of tires,       ance policies to fund
bill died.                    opposed; bill died.         sale or lease of off-road     work of the State Fire

                                                            7
OFB 2021 L E GIS L ATIV E RE V IE W
Foundation
    for
 Education
Marshal and create the
Oregon Wildfire Prepared-
                                HB 2488 (Climate
                               Change Goal): Requires
                                                                 Budget                       n   $400,000 in additional
                                                                                                  funding for wolf compen-
ness Fund. Subsequently
amended to only require
                               changes to land use plan-
                               ning Goal 1 to address
                                                                 Highlights                       sation program.
                                                                A significant part of the    Investment in key Oregon
a general fund appropria-      participation by disadvan-                                      Department of Agricul-
                                                               Legislature’s role is to pass
tion to pay for fund. OFB      taged groups and climate                                        ture programs, including
                                                               a balanced budget that
opposed, bill died.            justice. OFB opposed;                                           noxious weeds, water
                                                               funds Oregon’s state agen-
  SB 605 (Forced Annex-        bill died.                                                      quality, Worker Protec-
                                                               cies and programs. This
ation): Requires lands          HB 2520 (Renewable                                             tion Standard, Japanese
                                                               onerous task is done every
                                                                                               Beetle eradication,
within seven road miles of Energy Siting): Requires long session, and OFB
                                                                                               hemp program, and
fire station to be annexed Land Conservation &                 engages heavily in this         ­several others.
into fire protection district. Development Commis-             process to keep programs
                                                                                             n Investment in a $530 mil-
OFB opposed, bill died.        sion to adopt rules no          that Oregon’s farmers and
                               later than July 1, 2022, by ranchers rely on funded              lion water package that
  HB 2722 (Omnibus                                                                              includes infrastructure
Wildfire Bill): Similar to     which county may justify        and operational.
                                                                                                investment, resources
SB 762 but would have          exception to statewide           Like everything else in         into the grants and loans
directed the Oregon            land  use planning     goals    this virtual session, the        program, water qual-
Department of Forestry         for development of renew- budget process was truly               ity investment, addi-
(ODF) to develop WUI           able  energy   facilities. OFB  unique.   As the agency’s        tional funding for water
and use existing Chapter       neutral; bill died.             proposed budgets were            masters, local basin
477 program to establish        HB 3072 (UGB Expan-            developed, agencies              investment, and water
defensible space require- sion): Allows local gov-             and the State believed           data investment. OFB
                                                               that we would be looking         will be very involved in
ments for limited amount       ernment to expand its
                                                                                                implementation of the
of land with express pro-      urban growth boundary to at a scenario where the
                                                               State’s planned expendi-         water package to ensure
tections for agricultural      include land designated                                          investments go to sup-
commodities. OFB sup-          as urban reserve that sup- tures exceeded revenue,               port agriculture and rural
ported; bill died.             ports workforce housing if resulting in cuts to agency           communities.
                               certain conditions     are met. programs. However, the
  HB 3308 (Omnibus                                                                           n $150 million for natural
                               OFB   opposed;    bill died.    revenue forecast in early
Wildfire Bill): Requires                                       May showed the State with         disaster assistance that
ODF to develop and              SB 559 (Goat Yoga):            $1.1 billion more than pre-       OFB will be targeting
maintain comprehensive         Allows counties to              viously expected. When            for drought and other
statewide map of wildfire      approve livestock and                                             natural disaster relief for
                                                               combined with influx of
risk and Oregon State Fire livestock-affiliated exer-                                            farmers this year.
                                                               $2.6 billion in federal dol-
Marshall to establish mini- cise, therapy, and coun-           lars associated with the      n The creation of a

mum defensible space           seling on lands zoned for COVID-19 relief pack-                   habitat division within
standards. OFB took no         exclusive farm use. OFB         ages, the State ended up          Oregon Department
position; bill died.           opposed; bill died.             passing one of the largest        of Fish & Wildlife that
                                                                                                 will c­ onsolidate sev-
Land Use/Private               Good Governance
                                                               budgets in recent mem-
                                                                                                eral p  ­ rograms into
Property                                                       ory, with significant new
                                HB 2334 (Small Busi-                                            the    agency.  OFB will
                                                               spending across all natu-
  HB 2524 (Childcare on                                                                         be closely monitoring
                               ness Impacts): Strength- ral resource programs,
Farmland): Allows child-                                                                        ­implementation.
                               ens small business              but particularly focused on
care facilities to be sited    impacts analysis and miti- water. The most relevant           n A 5.5% increase in OSU
on EFU-zoned land if co-       gation requirements that                                          Statewides Programs,
                                                               packages for farmers and
sited within an existing       agencies are required to                                          which falls short of the
                                                               ranchers are below:
school. OFB opposed;                                                                             7.42% needed to main-
                               conduct for agency rules. n $400,000 in additional
bill died.                                                                                       tain service level. We will
                               OFB supported; bill died.         funding for predator con-       prioritize full funding in
                                                                 trol programs.                  the 2022 short session.

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